I 
111TH CONGRESS 
1ST SESSION H. R. 2227 
To greatly enhance America’s path toward energy independence and economic 
and national security, to conserve energy use, to promote innovation, 
to achieve lower emissions, cleaner air, cleaner water, and cleaner land, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 4, 2009 
Mr. TIM MURPHY of Pennsylvania (for himself, Mr. ABERCROMBIE, Mrs. 
CAPITO, Mr. COSTA, Mr. WILSON of South Carolina, Mr. WALZ, and Mr. 
TERRY) introduced the following bill; which was referred to the Com-
mittee on Natural Resources, and in addition to the Committees on Over-
sight and Government Reform, Energy and Commerce, Ways and Means, 
Science and Technology, Transportation and Infrastructure, Education 
and Labor, the Budget, Rules, and the Judiciary, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To greatly enhance America’s path toward energy independ-
ence and economic and national security, to conserve 
energy use, to promote innovation, to achieve lower emis-
sions, cleaner air, cleaner water, and cleaner land, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘American Conservation and Clean Energy Independence 
Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—OFFSHORE LEASING AND OTHER ENERGY PROVISIONS 
Subtitle A—Offshore Leasing 
Sec. 101. Leasing program considered approved. 
Sec. 102. Lease sales. 
Sec. 103. Seaward boundaries of States. 
Sec. 104. Military operations. 
Sec. 105. Coordination with Adjacent States. 
Sec. 106. Gulf of Mexico oil and gas. 
Sec. 107. Sharing of revenues. 
Sec. 108. Inventory of offshore energy resources. 
Sec. 109. Prohibitions on surface occupancy and other appropriate environ-
mental safeguards. 
Subtitle B—Expedited Judicial Review 
Sec. 121. Definitions. 
Sec. 122. Exclusive jurisdiction over causes and claims relating to covered oil 
and natural gas activities. 
Sec. 123. Time for filing petition; standing. 
Sec. 124. Timetable. 
Sec. 125. Limitation on scope of review and relief. 
Sec. 126. Presidential waiver. 
Sec. 127. Legal fees. 
Sec. 128. Exclusion. 
Subtitle C—Other Energy Provisions 
Sec. 131. Elimination of restriction on energy alternatives and energy effi-
ciency. 
Sec. 132. Policies regarding buying and building American. 
Sec. 133. Clean coal technology deployment grant and loan program. 
TITLE II—MODIFYING THE STRATEGIC PETROLEUM RESERVE 
AND FUNDING CONSERVATION AND ENERGY RESEARCH AND 
DEVELOPMENT 
Sec. 201. Findings. 
Sec. 202. Definitions. 
Sec. 203. Objectives. 
Sec. 204. Modification of the Strategic Petroleum Reserve. 
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Sec. 205. Energy Independence and Security Fund. 
TITLE III—CLEANER ENERGY PRODUCTION AND ENERGY 
CONSERVATION INCENTIVES 
Sec. 301. Extension of renewable energy credit. 
Sec. 302. Extension of renewable energy credit. 
Sec. 303. Extension of credit for alternative fuel vehicles. 
Sec. 304. Extension of alternative fuel vehicle refueling property credit. 
Sec. 305. Extension of credit for energy efficient appliances. 
Sec. 306. Extension of credit for nonbusiness energy property. 
Sec. 307. Extension of credit for residential energy efficient property. 
Sec. 308. Extension of new energy efficient home credit. 
Sec. 309. Extension of energy efficient commercial buildings deduction. 
Sec. 310. Extension of energy credit. 
Sec. 311. Extension of credit for clean renewable energy bonds. 
Sec. 312. Extension of credits for biodiesel and renewable diesel. 
TITLE IV—INCREASE DIVERSIFICATION AND EFFICIENCY OF 
AMERICA’S TRANSPORTATION AND ELECTRIC SYSTEM 
Subtitle A—Diversification of Fuel Source for America’s Short-Haul 
Transportation System 
Sec. 401. Minimum Federal fleet requirement. 
Sec. 402. Use of HOV facilities by light-duty plug-in electric drive vehicles. 
Sec. 403. Recharging infrastructure. 
Sec. 404. Loan guarantees for advanced battery purchases. 
Sec. 405. Study of end-of-useful life options for motor vehicle batteries. 
Sec. 406. Study and demonstration electrification of postal fleet. 
Sec. 407. Maximum weight study for energy efficiency and safety. 
Subtitle B—Incentives for Diversification of Transportation 
Sec. 420. Amendment of 1986 Code. 
Sec. 421. Extension of credit for medium and heavy-duty hybrid vehicles. 
Sec. 422. Extension of credit and extension of temporary increase in credit for 
alternative fuel vehicle refueling property. 
Sec. 423. Extension and expansion of credit for new qualified plug-in electric 
drive motor vehicles. 
Sec. 424. Extension of credit for certain plug-in electric vehicles. 
Sec. 425. Credit for new qualified plug-in electric drive motor vehicles. 
Sec. 426. Tax credit for most efficient vehicle in class. 
Sec. 427. Study of development of common standards for PHEVs and EVs be-
tween the United States, Europe and Asia. 
Subtitle C—Low Carbon Diversification of Electric System 
Sec. 431. Innovative low-carbon loan guarantee program. 
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TITLE 
I—OFFSHORE 
LEASING 
AND OTHER ENERGY PROVI-
SIONS 
Subtitle A—Offshore Leasing 
SEC. 101. LEASING PROGRAM CONSIDERED APPROVED. 
(a) IN GENERAL.—The Draft Proposed Outer Conti-
nental Shelf Oil and Gas Leasing Program 2010–2015 
issued by the Secretary of the Interior (referred to in this 
section as the ‘‘Secretary’’) under section 18 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1344) is consid-
ered to have been approved by the Secretary as a final 
oil and gas leasing program under that section, and is con-
sidered to be in full compliance with and in accordance 
with all requirements of the Outer Continental Shelf 
Lands Act. 
(b) FINAL ENVIRONMENTAL IMPACT STATEMENT.— 
The Secretary is considered to have issued a final environ-
mental impact statement for the program described in 
subsection (a) in accordance with all requirements under 
section 102(2)(C) of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332(2)(C)). 
SEC. 102. LEASE SALES. 
(a) OUTER CONTINENTAL SHELF.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), not later than 30 days after the date of 
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(b) RENEWABLE ENERGY AND MARICULTURE.—The 
Secretary may conduct commercial lease sales of resources 
owned by United States— 
(1) to produce renewable energy (as defined in 
section 203(b) of the Energy Policy Act of 2005 (42 
U.S.C. 15852(b))); or 
(2) to cultivate marine organisms in the natural 
habitat of the organisms. 
SEC. 103. SEAWARD BOUNDARIES OF STATES. 
(a) SEAWARD BOUNDARIES.—Section 4 of the Sub-
merged Lands Act (43 U.S.C. 1312) is amended by strik-
ing ‘‘three geographical miles’’ each place it appears and 
inserting ‘‘12 nautical miles’’. 
(b) CONFORMING AMENDMENTS.—Section 2 of the 
Submerged Lands Act (43 U.S.C. 1301) is amended— 
(1) in subsection (a)(2), by striking ‘‘three geo-
graphical miles’’ and inserting ‘‘12 nautical miles’’; 
and 
(2) in subsection (b)— 
(A) by striking ‘‘three geographical miles’’ 
and inserting ‘‘12 nautical miles’’; and 
(B) by striking ‘‘three marine leagues’’ and 
inserting ‘‘12 nautical miles’’. 
(c) EFFECT OF AMENDMENTS.— 
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(1) IN GENERAL.—Subject to paragraphs (2) 
through (4), the amendments made by this section 
shall not effect Federal oil and gas mineral rights 
and should not effect the States’ current authority 
within existing State boundaries. 
(2) EXISTING LEASES.—The amendments made 
by this section shall not affect any Federal oil and 
gas lease in effect on the date of enactment of this 
Act. 
(3) TAXATION.— 
(A) IN GENERAL.—A State may exercise 
all of the sovereign powers of taxation of the 
State within the entire extent of the seaward 
boundaries of the State (as extended by the 
amendments made by this section). 
(B) LIMITATION.—Nothing in this para-
graph affects the authority of a State to tax 
any Federal oil and gas lease in effect on the 
date of enactment of this Act. 
SEC. 104. MILITARY OPERATIONS. 
The Secretary shall consult with the Secretary of De-
fense regarding military operations needs in the Outer 
Continental Shelf. The Secretary shall work with the Sec-
retary of Defense to resolve any conflicts that might arise 
between such operations and leasing under this section. 
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If the Secretaries are unable to resolve all such conflicts, 
any unresolved issues shall be referred by the Secretaries 
to the President in a timely fashion for immediate resolu-
tion. 
SEC. 105. COORDINATION WITH ADJACENT STATES. 
Section 19 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1345) is amended— 
(1) in subsection (a) in the first sentence by in-
serting ‘‘, for any tract located within the Adjacent 
State’s Adjacent Zone,’’ after ‘‘government’’; and 
(2) by adding the following: 
‘‘(f)(1) Prior to issuing a permit or approval for the 
construction of a pipeline to transport crude oil, natural 
gas or associated liquids production withdrawn from oil 
and gas leases on the outer Continental Shelf, a Federal 
agency must seek the concurrence of the Adjacent State 
if the pipeline is to transit the Adjacent State’s Adjacent 
Zone between the outer Continental Shelf and landfall. No 
State may prohibit construction of such a pipeline within 
its Adjacent Zone or its State waters. However, an Adja-
cent State may require routing of such a pipeline to one 
of two alternate landfall locations in the Adjacent State, 
designated by the Adjacent State, located within 60 miles 
on either side of a proposed landfall location. 
‘‘(2) In this subsection: 
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‘‘(A) The term ‘Adjacent State’ means, with re-
spect to any program, plan, lease sale, leased tract 
or other activity, proposed, conducted, or approved 
pursuant to the provisions of this Act, any State the 
laws of which are declared, pursuant to section 
4(a)(2), to be the law of the United States for the 
portion of the outer Continental Shelf on which such 
program, plan, lease sale, leased tract or activity ap-
pertains or is, or is proposed to be, conducted. For 
purposes of this subparagraph, the term ‘State’ in-
cludes the Commonwealth of Puerto Rico, the Com-
monwealth of the Northern Mariana Islands, the 
Virgin Islands, American Samoa, Guam, and the 
other Territories of the United States. 
‘‘(B) The term ‘Adjacent Zone’ means, with re-
spect to any program, plan, lease sale, leased tract, 
or other activity, proposed, conducted, or approved 
pursuant to the provisions of this Act, the portion 
of the outer Continental Shelf for which the laws of 
a particular Adjacent State are declared, pursuant 
to section 4(a)(2), to be the law of the United 
States.’’. 
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SEC. 106. GULF OF MEXICO OIL AND GAS. 
Section 104 of division C of the Tax Relief and 
Health Care Act of 2006 (Public Law 109–432; 120 Stat. 
3003) is repealed. 
SEC. 107. SHARING OF REVENUES. 
(a) IN GENERAL.—Section 8(g) of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1337(g)) is amended— 
(1) in paragraph (2) by striking ‘‘Notwith-
standing’’ and inserting ‘‘Except as provided in 
paragraph (6), and notwithstanding’’; 
(2) by redesignating paragraphs (6) and (7) as 
paragraphs (8) and (9); and 
(3) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) BONUS
BIDS
AND
ROYALTIES
UNDER 
QUALIFIED LEASES.— 
‘‘(A) NEW LEASES.—Of amounts received 
by the United States as bonus bids, royalties, 
rentals, and other sums collected under any 
qualified lease on submerged lands made avail-
able for leasing under this Act by the enact-
ment of the American Conservation and Clean 
Energy Independence Act that are located with-
in the seaward boundaries of a State estab-
lished under section 4(a)(2)(A)— 
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‘‘(i) 30 percent shall be paid to the 
States that are producing States with re-
spect to those submerged lands; 
‘‘(ii) 10 percent shall be deposited in 
the general fund of the Treasury; 
‘‘(iii) 20 percent shall be deposited in 
the Renewable Energy and Energy Effi-
ciency Reserve established by paragraph 
(7); 
‘‘(iv) 5 percent shall be deposited into 
the Clean Water Reserve established by 
paragraph (7); 
‘‘(v) 10 percent shall be deposited in 
the Environment Restoration Reserve es-
tablished by paragraph (7); 
‘‘(vi) 8 percent shall be deposited in 
the Conservation Reserve established by 
paragraph (7); 
‘‘(vii) 10 percent shall be deposited in 
the Clean Coal Technology Deployment 
and Carbon Capture and Sequestration 
Reserve established by paragraph (7); 
‘‘(viii) 5 percent shall be deposited in 
the Carbon Free Technology and Nuclear 
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Energy Reserve established by paragraph 
(7); and 
‘‘(ix) 2 percent shall be available to 
the Secretary of Health and Human Serv-
ices for carrying out the Low-Income 
Home Energy Assistance Act of 1981 (42 
U.S.C. 8621, et seq.). 
‘‘(B) LEASED
TRACT
THAT
LIES
PAR-
TIALLY WITHIN THE SEAWARD BOUNDARIES OF 
A STATE.—In the case of a leased tract that lies 
partially within the seaward boundaries of a 
State, the amounts of bonus bids and royalties 
from such tract that are subject to subpara-
graph (A)(ii) with respect to such State shall be 
a percentage of the total amounts of bonus bids 
and royalties from such tract that is equivalent 
to the total percentage of surface acreage of the 
tract that lies within such seaward boundaries. 
‘‘(C) USE
OF
PAYMENTS
TO
STATES.— 
Amounts paid to a State under subparagraph 
(A)(ii) shall be used by the State for one or 
more of the following: 
‘‘(i) Education. 
‘‘(ii) Transportation. 
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other activity, proposed, conducted, or ap-
proved pursuant to the provisions of this 
Act, the portion of the outer Continental 
Shelf for which the laws of a particular ad-
jacent State are declared, pursuant to sec-
tion 4(a)(2), to be the law of the United 
States. 
‘‘(iii) PRODUCING STATE.—The term 
‘producing State’ means an Adjacent State 
having an adjacent zone containing leased 
tracts from which are derived bonus bids 
and royalties under a lease under this Act. 
‘‘(iv) STATE.—The term ‘State’ in-
cludes Puerto Rico and the other terri-
tories of the United States. 
‘‘(v) QUALIFIED
LEASE.—The term 
‘qualified lease’ means a natural gas or oil 
lease made available under this Act grant-
ed after the date of the enactment of the 
American Conservation and Clean Energy 
Independence Act, for an area that is 
available for leasing as a result of enact-
ment of section 101 of that Act. 
‘‘(E) APPLICATION.—This paragraph shall 
apply to bonus bids and royalties received by 
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the United States under qualified leases after 
September 30, 2008. 
‘‘(7) 
ESTABLISHMENT
OF
RESERVE
AC-
COUNTS.— 
‘‘(A) IN
GENERAL.—For budgetary pur-
poses, there is established as a separate account 
to receive deposits under paragraph (6)(A)— 
‘‘(i) the Renewable Energy and En-
ergy Efficiency Reserve which shall be ap-
plied— 
‘‘(I) first, to offset the alternative 
energy and conservation tax incentives 
extended by title III of the American 
Conservation and Clean Energy Inde-
pendence Act; and 
‘‘(II) to extent not applied under 
subclause (I), to offset the cost of leg-
islation enacted after the date of the 
enactment of the American Conserva-
tion and Clean Energy Independence 
Act to accelerate the use of cleaner 
domestic energy resources and alter-
native fuels; to promote the utilization 
of energy-efficient products and prac-
tices; to promote the development and 
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deployment of smart transportation 
systems, energy efficient vehicles, and 
mass transportation systems that pre-
serve the environment and increase 
energy efficiency of transportation; 
and to increase research, development, 
and deployment of clean renewable en-
ergy and efficiency technologies and 
job training programs for those pur-
poses; 
‘‘(ii) the Clean Water Reserve, to off-
set the cost of legislation enacted after the 
date of the enactment of the American 
Conservation and Clean Energy Independ-
ence Act to provide assistance, which may 
include grants, matching grants, and no- 
and low-interest loans, to State, county, 
and local governments to rebuild and mod-
ernize clean water and sewage infrastruc-
ture; 
‘‘(iii) the Environment Restoration 
Reserve, to offset the cost of legislation en-
acted after the date of the enactment of 
the American Conservation and Clean En-
ergy Independence Act to conduct restora-
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tion activities to improve the overall health 
of the ecosystems primarily or entirely 
within wildlife refuges, national parks, 
lakes, bays, rivers, and streams, including 
the Great Lakes, the Chesapeake and 
Delaware Bays, the San Francisco Bay/ 
Sacramento San Joaquin Bay Delta, the 
Florida Everglades, New York Harbor, the 
Colorado River Basin, the Mississippi 
River basin and tributaries, and Intra-
coastal Waterways and inlets that serve 
them; 
‘‘(iv) the Conservation Reserve, to off-
set the cost of legislation enacted after the 
date of the enactment of the American 
Conservation and Clean Energy Independ-
ence Act for conservation research, devel-
opment, and deployment programs to in-
crease residential home energy efficiency, 
such as weatherization, and conservation 
tax credits and deductions for energy effi-
ciency in the residential, commercial, in-
dustrial, and public sectors including Con-
servation Districts; 
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‘‘(v) the Clean Coal Technology De-
ployment and Carbon Capture and Seques-
tration Reserve, to offset the cost of legis-
lation enacted after the date of the enact-
ment of the American Conservation and 
Clean Energy Independence Act to pro-
mote, through grants, loans, and loan 
guarantees, research, development, and 
construction projects associated with car-
bon capture and storage in the production 
of liquid transportation fuels, electricity, 
synthetic natural gas, and chemical feed-
stock, giving priority to the construction 
and modernization of plants that imple-
ment the most advanced pollution controls 
to prevent the release of carbon, particu-
late matter, and other pollutants; and 
‘‘(vi) the Carbon Free Technology and 
Nuclear Energy Reserve, to offset the cost 
of legislation enacted after the date of the 
enactment of the American Conservation 
and Clean Energy Independence Act to 
promote the deployment of carbon free 
technologies, including through loan guar-
antees for commercial nuclear power 
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plants, the disposition and recycling or re-
processing of spent fuel from nuclear 
power plants, and the financing of long- 
term safe storage of spent fuel. 
‘‘(B) PROCEDURE FOR ADJUSTMENTS.— 
‘‘(i) 
BUDGET
COMMITTEE
CHAIR-
MAN.—After the reporting of a bill or joint 
resolution, or the offering of an amend-
ment thereto or the submission of a con-
ference report thereon, providing funding 
for the purposes set forth in clause (i), (ii), 
(iii), or (iv) of subparagraph (A) in excess 
of the amount of the deposits under para-
graph (6)(A) for those purposes for fiscal 
year 2009, the chairman of the Committee 
on the Budget of the applicable House of 
Congress shall make the adjustments set 
forth in clause (ii) for the amount of new 
budget authority and outlays in that meas-
ure and the outlays flowing from that 
budget authority. 
‘‘(ii) MATTERS TO BE ADJUSTED.— 
The adjustments referred to in clause (i) 
are to be made to— 
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‘‘(I) the discretionary spending 
limits, if any, set forth in the appro-
priate concurrent resolution on the 
budget; 
‘‘(II) the allocations made pursu-
ant to the appropriate concurrent res-
olution on the budget pursuant to sec-
tion 302(a) of the Congressional 
Budget Act of 1974; and 
‘‘(III) the budget aggregates con-
tained in the appropriate concurrent 
resolution on the budget as required 
by section 301(a) of the Congressional 
Budget Act of 1974. 
‘‘(iii) AMOUNTS OF ADJUSTMENTS.— 
The adjustments referred to in clauses (i) 
and (ii) shall not exceed the receipts esti-
mated by the Congressional Budget Office 
that are attributable to this Act for the fis-
cal year in which the adjustments are 
made. 
‘‘(C) EXPENDITURES ONLY BY SECRETARY 
OF THE INTERIOR IN CONSULTATION.—Legisla-
tion shall not be treated as legislation referred 
to in subparagraph (A) unless any expenditure 
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under such legislation for a purpose referred to 
in that subparagraph may be made only after 
consultation with the Administrator of the En-
vironmental Protection Agency, the Adminis-
trator of the National Oceanic and Atmospheric 
Administration, the Secretary of the Army act-
ing through the Corps of Engineers, and, as ap-
propriate, the Secretary of State. 
‘‘(8) MAINTENANCE OF EFFORT BY STATES.— 
The Secretary of the Interior, the Secretary of 
Health and Human Services, the Secretary of En-
ergy, and any other Federal official with authority 
to implement legislation referred to in paragraph 
(6)(A) shall ensure that financial assistance provided 
to a State under that legislation for any purpose 
with amounts made available under this subsection 
or in any legislation with respect to which paragraph 
(7) applies supplement, and do not replace, the 
amounts expended by the State for that purpose be-
fore the date of the enactment of the American Con-
servation and Clean Energy Independence Act.’’. 
(b) ESTABLISHMENT OF STATE SEAWARD BOUND-
ARIES.—Section 4(a)(2)(A) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended in the 
first sentence by striking ‘‘, and the President’’ and all 
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that follows through the end of the sentence and inserting 
the following: ‘‘. Such extended lines are deemed to be as 
indicated on the maps for each Outer Continental Shelf 
region entitled ‘Alaska OCS Region State Adjacent Zone 
and OCS Planning Areas’, ‘Pacific OCS Region State Ad-
jacent Zones and OCS Planning Areas’, ‘Gulf of Mexico 
OCS Region State Adjacent Zones and OCS Planning 
Areas’, and ‘Atlantic OCS Region State Adjacent Zones 
and OCS Planning Areas’, all of which are dated Sep-
tember 2005 and on file in the Office of the Director, Min-
erals Management Service. The preceding sentence shall 
not apply with respect to the treatment under section 105 
of the Gulf of Mexico Energy Security Act of 2006 (title 
I of division C of Public Law 109–432) of qualified outer 
Continental Shelf revenues deposited and disbursed under 
subsection (a)(2) of that section.’’. 
SEC. 108. INVENTORY OF OFFSHORE ENERGY RESOURCES. 
(a) IN GENERAL.—The Secretary of the Interior (in 
this section referred to as the ‘‘Secretary’’) shall promptly 
prepare an inventory of offshore energy resources of the 
United States, including through conduct of geological and 
geophysical explorations by private industry in all of the 
United States outer Continental Shelf areas of the Atlan-
tic Ocean and the Pacific Ocean under part 251 of title 
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30, Code of Federal Regulations (or successor regula-
tions). 
(b) ENVIRONMENTAL STUDIES.—Not later than 180 
days after the date of enactment of this Act, the Secretary 
shall complete any environmental studies necessary to 
gather information essential to an accurate inventory, in-
cluding geological and geophysical explorations under part 
251 of title 30, Code of Federal Regulations (or successor 
regulations). 
(c) EFFECT ON OIL AND GAS LEASING.—No inven-
tory that is conducted under this section or any other Fed-
eral law (including regulations) shall restrict, limit, delay, 
or otherwise adversely affect— 
(1) the development of any Outer Continental 
Shelf leasing program under section 18 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1344); or 
(2) any leasing, exploration, development, or 
production of any Federal offshore oil and gas 
leases. 
(d) FUNDING.— 
(1) IN GENERAL.—The Secretary of the Treas-
ury shall make a 1-time transfer to the Secretary, 
without further appropriation and from royalties col-
lected by the United States in conjunction with the 
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production of oil and gas, of such sums as are nec-
essary for the Secretary to carry out this section. 
(2) 
LIMITATION.—The 
amount 
transferred 
under paragraph shall not exceed $50,000,000. 
SEC. 109. PROHIBITIONS ON SURFACE OCCUPANCY AND 
OTHER 
APPROPRIATE 
ENVIRONMENTAL 
SAFEGUARDS. 
(a) REGULATIONS.— 
(1) IN GENERAL.—The Secretary of the Inte-
rior shall promulgate regulations that establish ap-
propriate environmental safeguards for the explo-
ration and production of oil and natural gas on the 
outer Continental Shelf. 
(2) REQUIREMENTS.—The regulations shall in-
clude provisions ensuring that— 
(A) no surface facility shall be installed for 
the purpose of production of oil or gas re-
sources in any area that is within 10 miles from 
the shore of any coastal State, in any area of 
the outer Continental Shelf that has not pre-
viously been made available for oil and gas leas-
ing; 
(B) only temporary surface facilities are 
installed for areas that are located— 
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(i) beyond 10 miles from the shore 
from the shore of any coastal State, in any 
area of the Outer Continental Shelf that 
has not previously been made available for 
oil and gas leasing; and 
(ii) not more than 20 miles from the 
shore; 
(C) the impact of offshore production fa-
cilities on coastal vistas is otherwise mitigated; 
and 
(D) onshore facilities that are able to draw 
upon the resources of the outer Continental 
Shelf within 10 miles of shore are allowed. 
(b) CONFORMING AMENDMENT.—Section 105 of the 
Department of the Interior, Environment, and Related 
Agencies Appropriations Act, 2006 (Public Law 109–54; 
119 Stat. 521) (as amended by section 103(d) of the Gulf 
of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 
note; Public Law 109–432)) is amended by inserting ‘‘and 
any other area that the Secretary of the Interior may offer 
for leasing, preleasing, or any related activity under sec-
tion 104 of that Act’’ after ‘‘2006)’’. 
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Subtitle B—Expedited Judicial 
Review 
SEC. 121. DEFINITIONS. 
In this subtitle: 
(1) AUTHORIZING
LEASING
STATUTE.—The 
term ‘‘authorizing leasing statute’’ means the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et 
seq.), the Mineral Leasing Act (30 U.S.C. 181 et 
seq.), the Mineral Leasing Act for Acquired Lands 
(30 U.S.C. 351 et seq.), and any other law of the 
United States directing or authorizing the leasing of 
Federal lands for oil and gas production or trans-
mission. 
(2) COVERED OIL AND NATURAL GAS ACTIV-
ITY.—The term ‘‘covered oil and natural gas activ-
ity’’ means— 
(A) the leasing of any lands pursuant to 
an authorizing leasing statute for the explo-
ration, development, production, processing, or 
transmission of oil, natural gas, or associated 
hydrocarbons, including actions or decisions re-
lating to the selection of which lands may or 
shall be made available for such leasing; and 
(B) any activity taken or proposed to be 
taken pursuant or in relation to such leases, in-
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cluding their suspension, and any environ-
mental analyses relating to such activity. 
SEC. 122. EXCLUSIVE JURISDICTION OVER CAUSES AND 
CLAIMS RELATING TO COVERED OIL AND 
NATURAL GAS ACTIVITIES. 
Notwithstanding any other provision of law, any Fed-
eral action approving any covered oil and natural gas ac-
tivity shall be subject to judicial review only— 
(1) in the United States Court of Appeals for 
the District of Columbia Circuit; and 
(2) after the person filing a petition seeking 
such judicial review has exhausted all available ad-
ministrative remedies with respect to such Federal 
action. 
SEC. 123. TIME FOR FILING PETITION; STANDING. 
(a) IN GENERAL.—All petitions referred to in section 
122 must be filed within 30 days after the latter of the 
challenged Federal action or the exhaustion of all available 
administrative remedies with respect to such Federal ac-
tion. A claim or challenge shall be barred unless it is filed 
within the time specified. 
(b) STANDING.—No person whose legal rights will 
not be directly and adversely affected by the challenged 
action, and who is not within the zone of interest protected 
by each Act under which the challenge is brought, shall 
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have standing to file any petition referred to in section 
122. 
SEC. 124. TIMETABLE. 
The United States Court of Appeals for the District 
of Columbia Circuit shall complete all judicial review, in-
cluding rendering a judgment, before the end of the 120- 
day period beginning on the date on which a petition re-
ferred to in section 122 is filed, unless all parties to such 
proceeding agree to an extension of such period. 
SEC. 125. LIMITATION ON SCOPE OF REVIEW AND RELIEF. 
(a) ADMINISTRATIVE
FINDINGS
AND
CONCLU-
SIONS.—In any judicial review referred to in section 122, 
any administrative findings and conclusions relating to the 
challenged Federal action shall be presumed to be correct 
unless shown otherwise by clear and convincing evidence 
contained in the administrative record. 
(b) LIMITATION ON PROSPECTIVE RELIEF.—In any 
judicial review referred to in section 122, the Court shall 
not grant or approve any prospective relief unless the 
court finds that such relief is narrowly drawn, extends no 
further than necessary to correct the violation of a Federal 
law requirement, and is the least intrusive means nec-
essary to correct the violation concerned. 
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SEC. 126. PRESIDENTIAL WAIVER. 
Notwithstanding any other provision of law, the 
President may waive any legal requirement relating to the 
approval of any covered oil and natural gas activity if the 
President determines in the President’s sole discretion 
that such activity is important to the national interest and 
outweighs such legal requirement. 
SEC. 127. LEGAL FEES. 
Any person filing a petition referred to in section 122 
who is not a prevailing party shall pay to the prevailing 
parties (including intervening parties), other than the 
United States, fees and other expenses incurred by that 
party in connection with the judicial review, unless the 
Court finds that the position of the person was substan-
tially justified or that special circumstances make an 
award unjust. 
SEC. 128. EXCLUSION. 
Section 122 shall not apply to disputes between the 
parties to a lease issued pursuant to an authorizing leas-
ing statute regarding the obligations of such lease or the 
alleged breach thereof. 
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Subtitle C—Other Energy 
Provisions 
SEC. 131. ELIMINATION OF RESTRICTION ON ENERGY AL-
TERNATIVES AND ENERGY EFFICIENCY. 
(a) ELIMINATION OF OTHER RESTRICTIONS ON USE 
OF ENERGY ALTERNATIVES.— 
(1) 
RENEWABLE
BIOMASS.—Section 
211(o)(1)(I) of the Clean Air Act (42 U.S.C. 
7545(o)(1)(I)) is amended effective January 1, 
2009— 
(A) in clause (ii), by striking ‘‘on non-fed-
eral land’’; and 
(B) in clause (iv), by striking ‘‘that are 
from 
non-federal 
forestlands, 
including 
forestlands’’ and inserting ‘‘from forestlands, 
including those on public lands and those’’. 
(2) ALTERNATIVE FUELS.—Section 526 of the 
Energy Independence and Security Act of 2007 (42 
U.S.C. 17142) is repealed. 
(3) LIMITATION ON NUMBER OF NEW QUALI-
FIED HYBRID ADVANCED LEAN-BURN TECHNOLOGY 
VEHICLES.—Section 30B of the Internal Revenue 
Code of 1986 is amended by striking subsection (f). 
(b) NEW SOURCE REVIEW UNDER THE CLEAN AIR 
ACT.—Part A of title I of the Clean Air Act (42 U.S.C. 
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7401 and following) is amended by adding the following 
new section at the end thereof: 
‘‘SEC. 132 NEW SOURCE REVIEW. 
‘‘In promulgating regulations respecting new source 
review under this Act, the Administrator shall include in 
such regulations provisions providing that routine mainte-
nance and repair shall not constitute a modification of an 
existing source requiring compliance with new source re-
view requirements. Such provisions shall provide that 
equipment replacement shall be considered routine mainte-
nance and repair if it meets each of the following require-
ments: 
‘‘(1) It does not increase actual emissions of 
any air pollutant by more than 5 percent. 
‘‘(2) It does not increase actual emissions of 
any air pollutant by more than 40 tons per year. 
Notwithstanding any other provision of this Act, no State 
may include in any State implementation plan any provi-
sions regarding new source review that are more stringent 
than those contained in the regulations of the Adminis-
trator under this section.’’. 
SEC. 132. POLICIES REGARDING BUYING AND BUILDING 
AMERICAN. 
(a) INTENT OF CONGRESS.—It is the intent of the 
Congress that this Act, among other things, result in a 
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healthy and growing American industrial, manufacturing, 
transportation, and service sector employing the vast tal-
ents of America’s workforce to assist in the development 
of energy from domestic sources. Moreover, the Congress 
intends to monitor the deployment of personnel and mate-
rial onshore and offshore to encourage the development 
of American technology and manufacturing to enable 
United States workers to benefit from this Act by good 
jobs and careers, as well as the establishment of important 
industrial facilities to support expanded access to Amer-
ican resources. 
(b) SAFEGUARD FOR EXTRAORDINARY ABILITY.— 
Section 30(a) of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1356(a)) is amended in the matter preceding 
paragraph (1) by striking ‘‘regulations which’’ and insert-
ing ‘‘regulations that shall be supplemental and com-
plimentary with and under no circumstances a substi-
tution for the provisions of the Constitution and laws of 
the United States extended to the subsoil and seabed of 
the outer Continental Shelf pursuant to section 4 of this 
Act, except insofar as such laws would otherwise apply to 
individuals who have extraordinary ability in the sciences, 
arts, education, or business, which has been demonstrated 
by sustained national or international acclaim, and that’’. 
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SEC. 133. CLEAN COAL TECHNOLOGY DEPLOYMENT GRANT 
AND LOAN PROGRAM. 
(a) PURPOSE.—The purpose of this section is to en-
courage innovative, state of the art energy plants to reduce 
and eliminate emissions of CO2 and other greenhouse 
gases. 
(b) DOE PROGRAM.—The Secretary Energy shall 
implement a competitive grant and loan program to award 
funding to qualified projects for a 3-year period for the 
construction or modernization of coal fired generation 
units to enable the use at such units of the most viable 
and cost effective technology to reduce emissions of carbon 
dioxide and other greenhouse gases. In carrying out such 
program, the Secretary shall give priority to the funding 
of projects that will emit the least amount of carbon diox-
ide and other greenhouse gases. 
(c) QUALIFIED PROJECTS.—(1) Projects for the con-
struction or modernization of units with carbon capture 
and sequestration or storage systems shall be qualified for 
assistance under this section in the form of grants of up 
to $2,000,000,000 per unit up to a maximum grant of 
$2,000,000 per Megawatt (MW) of capacity. Such 
projects may be qualfied for loan guarantees under this 
section in the amount of up to $3,000,000,000 per unit 
up to a maximum of $3,000,000 per Megawatt of capacity. 
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(2) The maximum amount of funding assistance 
under this section for construction and modernization 
costs shall be as follows: 
(A) A grant of 75 percent of such costs and a 
loan guarantee of 25 percent of such costs for the 
first year in which assistance is provided. 
(B) A grant of 50 percent of such costs and a 
loan guarantee of 50 percent of such costs for the 
second year in which assistance is provided. 
(C) A grant of 25 percent of such costs and a 
loan guarantee of 75 percent of such costs for the 
first year in which assistance is provided. 
(d) MINIMUM SIZE.—No project shall be qualified for 
assistance under this section for any unit that is less than 
250 MW of capacity. 
TITLE II—MODIFYING THE STRA-
TEGIC PETROLEUM RESERVE 
AND 
FUNDING 
CONSERVA-
TION 
AND 
ENERGY 
RE-
SEARCH AND DEVELOPMENT 
SEC. 201. FINDINGS. 
Congress finds the following: 
(1) The Strategic Petroleum Reserve (SPR) 
was created by Congress in 1975, to protect the Na-
tion from any future oil supply disruptions. When 
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the program was established, United States refiners 
were capable of handling light and medium crude 
and the make up of the SPR matched this capacity. 
This is not the case today. 
(2) A GAO analysis found that nearly half of 
the refineries considered vulnerable to supply disrup-
tions are not compatible with the types of oil cur-
rently stored in the SPR and would be unable to 
maintain normal refining capacity if forced to rely 
on SPR oil as currently constituted, thereby reduc-
ing the effectiveness of the SPR in the event of a 
supply disruption. GAO concluded that the SPR 
should be comprised of at least 10 percent heavy 
crude. 
(3) This Act implements the GAO recommenda-
tion and dedicates funds received from the trans-
actions to existing energy conservation, research, 
and assistance programs. 
SEC. 202. DEFINITIONS. 
In this title— 
(1) the term ‘‘light grade petroleum’’ means 
crude oil with an API gravity of 35 degrees or high-
er; 
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(2) the term ‘‘heavy grade petroleum’’ means 
crude oil with an API gravity of 26 degrees or lower; 
and 
(3) the term ‘‘Secretary’’ means the Secretary 
of Energy. 
SEC. 203. OBJECTIVES. 
The objectives of this title are as follows: 
(1) To modernize the composition of the Stra-
tegic Petroleum Reserve to reflect the current proc-
essing capabilities of refineries in the United States. 
(2) To provide increased funding to accelerate 
conservation, energy research and development, and 
assistance through existing programs. 
SEC. 204. MODIFICATION OF THE STRATEGIC PETROLEUM 
RESERVE. 
Notwithstanding section 161 of the Energy Policy 
and Conservation Act (42 U.S.C. 6241), the Secretary 
shall publish a plan not later than 30 days after the date 
of enactment of this Act to— 
(1) exchange as soon as possible light grade pe-
troleum from the Strategic Petroleum Reserve, in an 
amount equal to 10 percent of the total number of 
barrels of crude oil in the Reserve as of the date of 
enactment of this Act, for an equivalent volume of 
heavy grade petroleum plus any additional cash 
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bonus bids received that reflect the difference in the 
market value between light grade petroleum and 
heavy grade petroleum and the timing of deliveries 
of the heavy grade petroleum; 
(2) from the gross proceeds of the cash bonus 
bids, deposit the amount necessary to pay for the di-
rect administrative and operational costs of the ex-
change into the SPR Petroleum Account established 
under section 167 of the Energy Policy and Con-
servation Act (42 U.S.C. 6247); and 
(3) deposit 90 percent of the remaining net pro-
ceeds from the exchange into the account established 
under section 205(a). 
SEC. 205. ENERGY INDEPENDENCE AND SECURITY FUND. 
(a) ESTABLISHMENT.—There is hereby established in 
the Treasury of the United States the ‘‘Energy Independ-
ence and Security Fund’’ (in this section referred to as 
the ‘‘Fund’’). 
(b) ADMINISTRATION.—The Secretary shall be re-
sponsible for administering the Fund for the purpose of 
carrying out this section. 
(c) DEPOSITS.—The Secretary shall transfer the bal-
ance of funds in the SPR Petroleum Account on the date 
of enactment of this Act in excess of $10,000,000 into 
the Fund. 
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(d) DISTRIBUTION OF FUNDS.—The Secretary shall 
make amounts from the Fund available for obligation, 
without further appropriation and without fiscal year limi-
tation, for the following purposes: 
(1) ADVANCED RESEARCH PROJECTS AGENCY— 
ENERGY.—The Secretary may transfer amounts to 
the account ‘‘Energy Transformation Acceleration 
Fund’’, established under section 5012(m) of the 
America COMPETES Act (42 U.S.C. 16538(m)), 
including amounts— 
(A) for university-based research projects; 
and 
(B) for program direction expenses. 
(2) WIND ENERGY RESEARCH AND DEVELOP-
MENT.—The Secretary may transfer amounts to the 
account ‘‘Energy Efficiency and Renewable Energy’’ 
for necessary expenses for a program to support the 
development of next-generation wind turbines, in-
cluding turbines capable of operating in areas with 
low 
wind 
speeds, 
as 
authorized 
in 
section 
931(a)(2)(B) of the Energy Policy Act of 2005 (42 
U.S.C. 16231(a)(2)(B)). 
(3) SOLAR ENERGY RESEARCH AND DEVELOP-
MENT.—The Secretary may transfer amounts to the 
account ‘‘Energy Efficiency and Renewable Energy’’ 
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for necessary expenses for a program to accelerate 
the research, development, demonstration, and de-
ployment of solar energy technologies, and public 
education and outreach materials pursuant to such 
program, as authorized by section 931(a)(2)(A) of 
the Energy Policy Act of 2005 (42 U.S.C. 
16231(a)(2)(A)). 
(4) 
LOW
INCOME
WEATHERIZATION
AND 
LIHEAP.—The Secretary may transfer amounts to 
the account ‘‘Weatherization Assistance Program’’ 
for necessary expenses for a program to weatherize 
low income housing, as authorized by section 411 of 
the Energy Independence and Security Act of 2007 
(Public Law 110–140). The Secretary may transfer 
amounts to the Secretary of Health and Human 
Services for distribution to States under section 
2604(a) through (d) of the Low-Income Home En-
ergy Assistance Act of 1981 (42 U.S.C. 8623(a)– 
(d)). 
(5) MARINE AND HYDROKINETIC RENEWABLE 
ELECTRIC
ENERGY.—The Secretary may transfer 
amounts to the account ‘‘Energy Efficiency and Re-
newable Energy’’ for necessary expenses for a pro-
gram to accelerate the research, development, dem-
onstration, and deployment of ocean and wave en-
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ergy, including hydrokinetic renewable energy, as au-
thorized by section 931 of the Energy Policy Act of 
2005 (42 U.S.C. 16231) and section 636 of the En-
ergy Independence and Security Act of 2007 (42 
U.S.C. 17215). 
(6) ADVANCED VEHICLES RESEARCH, DEVELOP-
MENT, AND DEMONSTRATION.—The Secretary may 
transfer amounts to the account ‘‘Energy Efficiency 
and Renewable Energy’’ for necessary expenses for 
research, development, and demonstration on ad-
vanced, cost-effective technologies to improve the en-
ergy efficiency and environmental performance of ve-
hicles, as authorized in section 911(a)(2)(A) of the 
Energy 
Policy 
Act 
of 
2005 
(42 
U.S.C. 
16191(a)(2)(A)). 
(7) INDUSTRIAL
ENERGY
EFFICIENCY
RE-
SEARCH AND DEVELOPMENT.—The Secretary may 
transfer amounts to the account ‘‘Energy Efficiency 
and Renewable Energy’’ for necessary expenses for 
a program to accelerate the research, development, 
demonstration, and deployment of new technologies 
to improve the energy efficiency and reduce green-
house gas emissions from industrial processes, as 
authorized in section 911(a)(2)(C) of the Energy 
Policy Act of 2005 (42 U.S.C. 16191(a)(2)(C)) and 
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in section 452 of the Energy Independence and Se-
curity Act of 2007 (42 U.S.C. 17111). 
(8) BUILDING
AND
LIGHTING
ENERGY
EFFI-
CIENCY RESEARCH AND DEVELOPMENT.—The Sec-
retary may transfer amounts to the account ‘‘En-
ergy Efficiency and Renewable Energy’’ for nec-
essary expenses for a program to accelerate the re-
search, development, demonstration, and deployment 
of new technologies to improve the energy efficiency 
of and reduce greenhouse gas emissions from build-
ings, as authorized in section 321(g) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 
6295 note), section 422 of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 17082), and 
section 912 of the Energy Policy Act of 2005 (42 
U.S.C. 16192). 
(9) GEOTHERMAL
ENERGY
DEVELOPMENT.— 
The Secretary may transfer amounts to the account 
‘‘Energy Efficiency and Renewable Energy’’ for nec-
essary expenses for geothermal research and devel-
opment activities to be managed by the National Re-
newable Energy Laboratory, as authorized by sec-
tions 613, 614, 615, and 616 of the Energy Inde-
pendence and Security Act of 2007 (42 U.S.C. 
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17192–95) and section 931(a)(2)(C) of the Energy 
Policy Act of 2005 (42 U.S.C. 16231(a)(2)(C)). 
(10) SMART GRID TECHNOLOGY RESEARCH, DE-
VELOPMENT, AND DEMONSTRATION.—The Secretary 
may transfer amounts to the account ‘‘Energy Effi-
ciency and Renewable Energy’’ for necessary ex-
penses for research, development, and demonstration 
of smart grid technologies, as authorized by section 
1304 of the Energy Independence and Security Act 
of 2007 (42 U.S.C. 17384). 
(11) CARBON
CAPTURE
AND
STORAGE.—The 
Secretary may transfer amounts to the account 
‘‘Fossil Energy Research and Development’’ for nec-
essary expenses for a program of demonstration 
projects of carbon capture and storage, and for a re-
search program to address public health, safety, and 
environmental impacts, as authorized by section 963 
of the Energy Policy Act of 2005 (42 U.S.C. 16293) 
and sections 703 and 707 of the Energy Independ-
ence and Security Act of 2007 (42 U.S.C. 17251, 
17255). 
(12) NONCONVENTIONAL
DOMESTIC
NATURAL 
GAS
PRODUCTION
AND
ENVIRONMENTAL
RE-
SEARCH.— 
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(A) The Secretary may transfer amounts 
to the account authorized by section 999H(e) of 
the Energy Policy Act of 2005 (42 U.S.C. 
16378(e)). 
(B) The Secretary may transfer amounts 
to the account ‘‘Fossil Energy Research and 
Development’’ for necessary expenses for a pro-
gram of basin-oriented assessments and public 
and private partnerships involving States and 
industry to foster the development of regional 
advanced technological, regulatory, and eco-
nomic development strategies for the efficient 
and environmentally sustainable recovery and 
market delivery of natural gas and domestic pe-
troleum resources within the United States, and 
for support for the Stripper Well Consortium. 
(13) HYDROGEN
RESEARCH
AND
DEVELOP-
MENT.—The Secretary may transfer amounts to the 
account ‘‘Energy Efficiency and Renewable Energy’’ 
for necessary expenses for the Department of Ener-
gy’s H–Prize Program, as authorized by section 
1008(f) of the Energy Policy Act of 2005 (42 
U.S.C. 16396(f)). 
(14) ENERGY STORAGE FOR TRANSPORTATION 
AND ELECTRIC POWER.— 
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(A) The Secretary may transfer amounts 
to the account ‘‘Basic Energy Sciences’’ for 
necessary expenses for a program to accelerate 
basic research on energy storage systems to 
support electric drive vehicles, stationary appli-
cations, and electricity transmission and dis-
tribution, as authorized by section 641(p)(1) of 
the Energy Independence and Security Act of 
2007 (42 U.S.C. 17231(p)(1)). 
(B) The Secretary may transfer amounts 
to the account ‘‘Energy Efficiency and Renew-
able Energy’’ including— 
(i) amounts for a program to accel-
erate applied research on energy storage 
systems to support electric drive vehicles, 
stationary 
applications, 
and 
electricity 
transmission and distribution as authorized 
by section 641(p)(2) of the Energy Inde-
pendence and Security Act of 2007 (42 
U.S.C. 17231(p)(2)); 
(ii) amounts for energy storage sys-
tems demonstrations as authorized by sec-
tion 641(p)(4) of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 
17231(p)(4)); and 
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(iii) amounts for vehicle energy stor-
age systems demonstrations as authorized 
by section 641(p)(5) of the Energy Inde-
pendence and Security Act of 2007 (42 
U.S.C. 17231(p)(5)). 
(e) TRANSFER PROCEDURES.—The Secretary shall 
make an initial transfer from the Fund no later than 30 
days after the initial deposit of monies into the Fund. The 
Secretary shall make additional transfers no later than 30 
days after subsequent deposits. 
(f) MANAGEMENT AND OVERSIGHT.— 
(1) ADDITIONALITY
OF
FISCAL
YEAR
2008 
TRANSFERS.—All amounts transferred under sub-
section (d) shall be in addition to, and shall not be 
substituted for, any funds appropriated for the same 
or similar purposes in the Consolidated Appropria-
tions Act, 2008. 
(2) EXCESS FUNDS.—The total of all amounts 
transferred under subsection (d) and any funds ap-
propriated for the same or similar purposes in the 
Consolidated Appropriations Act, 2008 may not ex-
ceed the amounts authorized in other Acts for such 
purposes. In the event that amounts made available 
under this title plus amounts under the Consolidated 
Appropriations Act, 2008 exceed the cumulative 
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amounts authorized in other Acts for any program 
funded by this Act, the excess amounts shall be dis-
tributed to the other programs funded by this title 
on a pro rata basis. 
(3) PROGRAM PLANS AND PERFORMANCE MEAS-
URES.—The Secretary shall prepare and publish in 
the Federal Register a plan for the proposed use of 
all funds authorized in subsection (d). The plan also 
shall identify how the use of these funds will be ad-
ditive to, and not displace, annual appropriations. 
The plans also shall identify performance measures 
to assess the additional benefits that may be realized 
from the application of the additional funding pro-
vided under this section. The initial plan shall be 
published in the Federal Register not later than 45 
days after the date of enactment of this Act. 
(4) CONGRESSIONAL
OVERSIGHT
AND
RE-
VIEW.—Nothing in this section shall limit or restrict 
the review and oversight of program plans by the ap-
propriate committees of Congress. Nothing in this 
section shall limit or restrict the authority of Con-
gress to set alternative spending limitations in an-
nual appropriations Acts. 
(5) APPORTIONMENT.—All transactions of the 
Fund shall be exempt from apportionment under the 
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provisions of subchapter II of chapter 15 of title 31, 
United States Code. 
TITLE 
III—CLEANER 
ENERGY 
PRODUCTION 
AND 
ENERGY 
CONSERVATION INCENTIVES 
SEC. 301. EXTENSION OF RENEWABLE ENERGY CREDIT. 
(a) IN GENERAL.—Each of the following provisions 
of section 45(d) of the Internal Revenue Code of 1986 
(relating to qualified facilities) is amended by striking 
‘‘January 1, 2014’’ and inserting ‘‘January 1, 2019’’: 
(1) Clauses (i) and (ii) of paragraph (2)(A) (re-
lating to closed-loop biomass facility). 
(2) Clauses (i)(I) and (ii) of paragraph (3)(A) 
(relating to open-loop biomass facility). 
(3) Paragraph (4) (relating to geothermal en-
ergy facility). 
(4) Paragraph (6) (relating to landfill gas facili-
ties). 
(5) Paragraph (7) (relating to trash combustion 
facilities). 
(6) Subparagraphs (A) and (B) of paragraph 
(9) (relating to qualified hydropower facility). 
(7) Paragraph (11) (relating to marine and 
hydrokinetic renewable energy facilities). 
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(b) WIND FACILITIES.—Paragraph (1) of section 
45(d) of such Code is amended by striking ‘‘January 1, 
2013’’ and inserting ‘‘January 1, 2019’’: 
(1) Paragraph (1) (relating to wind facility). 
SEC. 302. EXTENSION OF RENEWABLE ENERGY CREDIT. 
Each of the following provisions of section 45(d) of 
the Internal Revenue Code of 1986 (relating to qualified 
facilities) is amended by striking ‘‘January 1, 2013’’ and 
inserting ‘‘January 1, 2019’’: 
(1) Paragraph (1) (relating to wind facility). 
(2) Clauses (i) and (ii) of paragraph (2)(A) (re-
lating to closed-loop biomass facility). 
(3) Clauses (i)(I) and (ii) of paragraph (3)(A) 
(relating to open-loop biomass facility). 
(4) Paragraph (4) (relating to geothermal en-
ergy facility). 
(5) Paragraph (5) (relating to small irrigation 
power facility). 
(6) Paragraph (6) (relating to landfill gas facili-
ties). 
(7) Paragraph (7) (relating to trash combustion 
facilities). 
(8) Paragraph (8) (relating to refined coal pro-
duction facility). 
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(9) Subparagraphs (A) and (B) of paragraph 
(9) (relating to qualified hydropower facility). 
SEC. 303. EXTENSION OF CREDIT FOR ALTERNATIVE FUEL 
VEHICLES. 
(a) QUALIFIED FUEL CELL MOTOR VEHICLES.— 
Paragraph (1) of section 30B(j) of the Internal Revenue 
Code of 1986 is amended by striking ‘‘December 31, 
2014’’ and inserting ‘‘December 31, 2018’’. 
(b) NEW ADVANCED LEAN BURN TECHNOLOGY 
MOTOR VEHICLE.—Paragraph (2) of section 30B(j) of 
such Code is amended by striking ‘‘December 31, 2010’’ 
and inserting ‘‘December 31, 2018’’. 
(c) NEW QUALIFIED HYBRID MOTOR VEHICLE.— 
Paragraph (3) of section 30B(j) of such Code is amended 
by striking ‘‘December 31, 2009’’ and inserting ‘‘Decem-
ber 31, 2018’’. 
(d) NEW QUALIFIED ALTERNATIVE FUEL VEHI-
CLE.—Paragraph (4) of section 30B(j) of such Code is 
amended by striking ‘‘December 31, 2010’’ and inserting 
‘‘December 31, 2018’’. 
SEC. 304. EXTENSION OF ALTERNATIVE FUEL VEHICLE RE-
FUELING PROPERTY CREDIT. 
Subsection (g) of section 30C of the Internal Revenue 
Code of 1986 (relating to termination) is amended to read 
as follows: 
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‘‘(g) TERMINATION.—This section shall not apply to 
property placed in service after December 31, 2018.’’. 
SEC. 305. EXTENSION OF CREDIT FOR ENERGY EFFICIENT 
APPLIANCES. 
(a) 
DISHWASHERS.—Paragraph 
(1) 
of 
section 
45M(b) of the Internal Revenue Code of 1986 (relating 
to applicable amount) is amended by striking ‘‘in calendar 
year 2008, 2009, or 2010’’ in subparagraph (B) and in-
serting ‘‘after 2007 and before 2019’’. 
(b) CLOTHES WASHERS.—Subparagraphs (C) and 
(D) of section 45M(b)(2) of such Code is amended by 
striking ‘‘in calendar year 2008, 2009, or 2010’’ and in-
serting ‘‘after 2007 and before 2019’’. 
(c) REFRIGERATORS.—Subparagraphs (C) and (D) 
of section 45M(b)(3) of such Code is amended by striking 
‘‘in calendar year 2008, 2009, or 2010’’ and inserting 
‘‘after 2007 and before 2019’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to appliances produced after De-
cember 31, 2010. 
SEC. 306. EXTENSION OF CREDIT FOR NONBUSINESS EN-
ERGY PROPERTY. 
Section 25C(g) of the Internal Revenue Code of 1986 
(relating to termination) is amended by striking ‘‘Decem-
ber 31, 2010’’ and inserting ‘‘December 31, 2018’’. 
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SEC. 307. EXTENSION OF CREDIT FOR RESIDENTIAL EN-
ERGY EFFICIENT PROPERTY. 
Section 25D(g) of the Internal Revenue Code of 1986 
(relating to termination) is amended by striking ‘‘Decem-
ber 31, 2016’’ and inserting ‘‘December 31, 2018’’. 
SEC. 308. EXTENSION OF NEW ENERGY EFFICIENT HOME 
CREDIT. 
Subsection (g) of section 45L of the Internal Revenue 
Code of 1986 (relating to termination) is amended by 
striking ‘‘December 31, 2009’’ and inserting ‘‘December 
31, 2018’’. 
SEC. 309. EXTENSION OF ENERGY EFFICIENT COMMERCIAL 
BUILDINGS DEDUCTION. 
Section 179D(h) of the Internal Revenue Code of 
1986 (relating to termination) is amended by striking 
‘‘December 31, 2013’’ and inserting ‘‘December 31, 
2018’’. 
SEC. 310. EXTENSION OF ENERGY CREDIT. 
(a) 
SOLAR
ENERGY
PROPERTY.—Paragraphs 
(2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of the Internal 
Revenue Code of 1986 (relating to energy credit) are each 
amended by striking ‘‘January 1, 2017’’ and inserting 
‘‘January 1, 2019’’. 
(b) FUEL CELL PROPERTY.—Subparagraph (E) of 
section 48(c)(1) of such Code (relating to qualified fuel 
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cell property) is amended by striking ‘‘December 31, 
2016’’ and inserting ‘‘December 31, 2018’’. 
(c) MICROTURBINE PROPERTY.—Subparagraph (D) 
of section 48(c)(2) of such Code (relating to qualified 
microturbine property) is amended by striking ‘‘December 
31, 2016’’ and inserting ‘‘December 31, 2018’’. 
(d) PROPERTY USING THERMAL ENERGY FROM 
GROUND OR GROUND WATER.—Clause (vii) of section 
48(a)(3)(A) of such Code is amended by striking ‘‘Decem-
ber 31, 2017’’ and inserting ‘‘December 31, 2018’’. 
(e) COMBINED HEAT AND POWER SYSTEM PROP-
ERTY.—Clause (iv) of section 48(c)(3)(A) of such Code 
is amended by striking ‘‘December 31, 2017’’ and insert-
ing ‘‘December 31, 2018’’. 
(f) SMALL WIND ENERGY PROPERTY.—Subpara-
graph (C) of section 48(c)(4) of such Code is amended 
by striking ‘‘December 31, 2016’’ and inserting ‘‘Decem-
ber 31, 2018’’. 
SEC. 311. EXTENSION OF CREDIT FOR CLEAN RENEWABLE 
ENERGY BONDS. 
(a) EXTENSION.—Section 54(m) of the Internal Rev-
enue Code of 1986 (relating to termination) is amended 
by striking ‘‘December 31, 2009’’ and inserting ‘‘Decem-
ber 31, 2018’’. 
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(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to obligations issued after Decem-
ber 31, 2009. 
SEC. 312. EXTENSION OF CREDITS FOR BIODIESEL AND RE-
NEWABLE DIESEL. 
(a) IN GENERAL.—Sections 40A(g), 6426(c)(6), and 
6427(e)(6)(B) of the Internal Revenue Code of 1986 are 
each amended by striking ‘‘December 31, 2009’’ and in-
serting ‘‘December 31, 2018’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to fuel produced, and sold or used, 
after December 31, 2009. 
TITLE 
IV—INCREASE 
DIVER-
SIFICATION AND EFFICIENCY 
OF 
AMERICA’S 
TRANSPOR-
TATION AND ELECTRIC SYS-
TEM 
Subtitle A—Diversification of Fuel 
Source for America’s Short-Haul 
Transportation System 
SEC. 401. MINIMUM FEDERAL FLEET REQUIREMENT. 
Section 303 of the Energy Policy Act of 1992 (42 
U.S.C. 13212) is amended— 
(1) in subsection (b)— 
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(A) by redesignating paragraphs (2) and 
(3) as paragraphs (3) and (4), respectively; 
(B) by inserting after paragraph (1) the 
following: 
‘‘(2) PLUG-IN ELECTRIC DRIVE VEHICLES.—Of 
the total number of vehicles acquired by a Federal 
fleet under paragraph (1), at least the following per-
centage of the vehicles shall be plug-in electric drive 
vehicles (as defined in section 131(a) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 
17011(a))): 
‘‘(A) 10 percent for fiscal year 2012. 
‘‘(B) The applicable percentage for the 
preceding fiscal year increased by 5 percentage 
points (but not to exceed a total of 50 percent) 
for fiscal year 2013 and each subsequent fiscal 
year.’’; and 
(C) in paragraph (3) (as redesignated by 
subparagraph (A)), by inserting ‘‘or (2)’’ after 
‘‘paragraph (1)’’; 
(2) by striking subsection (c) and inserting the 
following: 
‘‘(c) ALLOCATION OF INCREMENTAL COSTS.—Sub-
ject to the availability of funds appropriated to carry out 
this subsection (to remain available until expended), the 
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General Services Administration shall pay the incremental 
cost of alternative fueled vehicles over the cost of com-
parable gasoline vehicles for vehicles that the Administra-
tion purchased for the use of the Administration or on 
behalf of other agencies, in a total amount of not to exceed 
$300,000,000 for any of fiscal years 2012 through 
2016.’’; 
(3) in subsection (f), by adding at the end the 
following: 
‘‘(4) COMPLIANCE.—Compliance with this sub-
section shall not relieve the Federal agency of the 
obligations of the agency under subsection (b).’’; and 
(4) in subsection (g), by striking ‘‘fiscal years 
1993 through 1998’’ and inserting ‘‘each fiscal 
year’’. 
SEC. 402. USE OF HOV FACILITIES BY LIGHT-DUTY PLUG-IN 
ELECTRIC DRIVE VEHICLES. 
Section 166(b)(5) of title 23, United States Code, is 
amended— 
(1) in subparagraph (A), by striking ‘‘Before’’ 
and inserting ‘‘Except as provided in subparagraph 
(D), before’’; 
(2) in subparagraph (B), by striking ‘‘Before’’ 
and inserting ‘‘Except as provided in subparagraph 
(D), before’’; and 
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(3) by adding at the end the following: 
‘‘(D) USE
BY
PLUG-IN
ELECTRIC
DRIVE 
VEHICLES.— 
‘‘(i) DEFINITION OF PLUG-IN ELEC-
TRIC
DRIVE
VEHICLE.—In this subpara-
graph, the term ‘plug-in electric drive vehi-
cle’ has the meaning given the term in sec-
tion 131(a) of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 
17011(a)). 
‘‘(ii) USE
OF
HOV
FACILITIES.—A 
State agency— 
‘‘(I) shall permit vehicles that are 
certified as low emission and energy- 
efficient vehicles in accordance with 
subsection (e) that are light-duty 
plug-in electric drive vehicles, and 
that are purchased on or before De-
cember 31 of the calendar year de-
scribed in clause (iii), as determined 
by the Secretary, to use HOV facili-
ties in the State; and 
‘‘(II) shall not impose any toll or 
other charge on such a vehicle for use 
of an HOV facility in the State. 
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‘‘(iii) CALENDAR
YEAR.—The cal-
endar year referred to in clause (ii)(I) is 
the calendar year during which, as deter-
mined by the Secretary, the aggregate 
number of plug-in electric drive vehicles 
sold in the United States during all cal-
endar years exceeds 2,000,000. 
‘‘(iv) PETITION.—A State may peti-
tion the Secretary to limit or discontinue 
the use of an HOV facility by plug-in elec-
tric drive vehicles if the State dem-
onstrates to the Secretary that the pres-
ence of the plug-in electric drive vehicles 
has degraded the operation of the HOV fa-
cility.’’. 
SEC. 403. RECHARGING INFRASTRUCTURE. 
(a) DEFINITIONS.—In this section: 
(1) LOCAL
GOVERNMENT.—The term ‘‘local 
government’’ has the meaning given the term in sec-
tion 3371 of title 5, United States Code. 
(2) PLUG-IN ELECTRIC DRIVE VEHICLE.—The 
term ‘‘plug-in electric drive vehicle’’ has the meaning 
given the term in section 131(a) of the Energy Inde-
pendence and Security Act of 2007 (42 U.S.C. 
17011(a)). 
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(3) RANGE
EXTENSION
INFRASTRUCTURE.— 
The term ‘‘range extension infrastructure’’ includes 
equipment, products, or services for recharging plug- 
in electric drive vehicles that— 
(A) are available to retail consumers of 
electric drive vehicles on a nondiscriminatory 
basis; 
(B) provide for extending driving range 
through battery exchange or rapid recharging; 
and 
(C) are comparable in convenience and 
price to petroleum-based refueling services. 
(b) STUDY.— 
(1) IN GENERAL.—The Secretary shall conduct 
a study of— 
(A) the number and distribution of re-
charging facilities, including range extension in-
frastructure, that will be required for drivers of 
plug-in electric drive vehicles to reliably re-
charge the electric drive vehicles; 
(B) minimum technical standards for pub-
lic recharging facilities in coordination with the 
National Institute of Standards and Tech-
nology; and 
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(C) the concurrent technical and infra-
structure investments that electric utilities and 
electricity providers will be required to make to 
support widespread deployment of recharging 
infrastructure and the estimated costs of the in-
vestments. 
(2) COMPONENTS.—In conducting the study re-
quired under this subsection, the Secretary shall 
analyze— 
(A) the variety and density of recharging 
infrastructure options necessary to power plug- 
in electric drive vehicles under diverse scenarios, 
including— 
(i) the ratio of residential, commer-
cial, and public recharging infrastructure 
options necessary to support 10 percent, 
20 percent, and 50 percent penetration of 
plug-in electric vehicles on a city fleet 
basis; 
(ii) the ratio of residential, commer-
cial, and public recharging infrastructure 
options necessary to support 10 percent, 
20 percent, and 50 percent penetration of 
plug-in electric vehicles on a national fleet 
basis; and 
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(iii) the potential impact of fast 
charging on penetration rates and utility 
power management requirements; 
(B) whether use of parking spots with ac-
cess to recharging facilities should be limited to 
plug-in electric drive vehicles; and 
(C) such other issues as the Secretary con-
siders appropriate. 
(3) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall 
submit to the appropriate committees of Congress a 
report on the results of the study conducted under 
this subsection, including any recommendations. 
(c) GRANTS AND LOANS TO STATE AND LOCAL GOV-
ERNMENTS FOR RECHARGING INFRASTRUCTURE.— 
(1) IN GENERAL.—Effective beginning October 
1, 2010, the Secretary shall establish a program 
under which the Secretary shall provide grants and 
loans to local governments to assist in the installa-
tion of recharging facilities for electric drive vehicles 
in areas under the jurisdiction of the local govern-
ments. The Secretary shall provide funding under 
this section to State or local governments to pay not 
more than fifty percent of the recharging infrastruc-
ture cost. 
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(2) ELIGIBILITY.—To be eligible to obtain a 
grant or loan under this subsection, a local govern-
ment shall— 
(A) demonstrate to the Secretary that the 
applicant has taken into consideration the find-
ings of the report submitted under subsection 
(b)(3), unless the local government demon-
strates to the Secretary that an alternative vari-
ety and density of recharging infrastructure op-
tions would better meet the purposes of this 
section; and 
(B) agree not to charge a premium for use 
of a parking space used to recharge an electric 
drive vehicle other than a charge for electric en-
ergy. 
(3) GUIDELINES.—The Secretary shall establish 
guidelines for carrying out this subsection that are 
consistent with the report submitted under sub-
section (b)(3). 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary to carry out this subsection a total of 
$250,000,000 
for 
grants 
and 
a 
total 
of 
$250,000,000 for loans, to remain available until ex-
pended. 
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SEC. 404. LOAN GUARANTEES FOR ADVANCED BATTERY 
PURCHASES. 
Subtitle B of title I of the Energy and Independence 
and Security Act of 2007 (42 U.S.C. 17011 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 137. LOAN GUARANTEES FOR ADVANCED BATTERY 
PURCHASES. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) PLUG-IN ELECTRIC DRIVE VEHICLE.—The 
term ‘plug-in electric drive vehicle’ has the meaning 
given the term in section 131(a). 
‘‘(2) RANGE
EXTENSION
INFRASTRUCTURE.— 
The term ‘range extension infrastructure’ includes 
equipment, products, or services for recharging plug- 
in electric drive vehicles that— 
‘‘(A) are available to retail consumers of 
electric drive vehicles on a nondiscriminatory 
basis; 
‘‘(B) provide for extended driving range 
through battery exchange or rapid recharging; 
and 
‘‘(C) are comparable in convenience and 
price to petroleum-based refueling services. 
‘‘(b) LOAN GUARANTEES.—The Secretary shall guar-
antee loans made to eligible entities for the aggregate pur-
chase by an eligible entity of not less than 5,000 batteries 
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that use advanced battery technology within a calendar 
year. 
‘‘(c) ELIGIBLE ENTITIES.—To be eligible to obtain 
a loan guarantee under this section, an entity shall be— 
‘‘(1) an original equipment manufacturer; 
‘‘(2) a vehicle manufacturer; 
‘‘(3) an electric utility; 
‘‘(4) any provider of range extension infrastruc-
ture; or 
‘‘(5) any other qualified entity, as determined 
by the Secretary. 
‘‘(d) REGULATIONS.—The Secretary shall promul-
gate such regulations as are necessary to carry out this 
section. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section.’’. 
SEC. 405. STUDY OF END-OF-USEFUL LIFE OPTIONS FOR 
MOTOR VEHICLE BATTERIES. 
(a) IN GENERAL.—In combination with the research, 
demonstration, and deployment activities conducted under 
section 641(k) of the Energy and Independence and Secu-
rity Act of 2007 (42 U.S.C. 17231(k)), the Secretary shall 
conduct a study on the end-of-useful life options for motor 
vehicle batteries, including recommendations for sta-
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tionary storage applications and recyclability design speci-
fications. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall submit to 
the appropriate committees of Congress a report on the 
results of the study conducted under subsection (a), in-
cluding any recommendations. 
SEC. 406. STUDY AND DEMONSTRATION ELECTRIFICATION 
OF POSTAL FLEET. 
(a) IN GENERAL.—The Postal Service shall conduct 
a study of what portion of its mail delivery vehicles are 
capable of being replaced with plug-in hybrid electric vehi-
cles. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Postal Service shall submit 
to the appropriate committees of Congress a report on the 
results of the study conducted under subsection (a). 
(c) PROTOTYPE PLUG-IN ELECTRIC HYBRID MAIL 
DELIVERY VEHICLES.—Not later than 2 years after the 
date of enactment of this Act, the Postal One service shall 
contact for the development of a prototype plug-in electric 
hybrid mail delivery vehicles. 
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SEC. 407. MAXIMUM WEIGHT STUDY FOR ENERGY EFFI-
CIENCY AND SAFETY. 
(a) IN GENERAL.—The Secretary of Transportation, 
in consultation with the Administrator of the National 
Highway Traffic Safety Administration, shall conduct a 
study to investigate whether oil savings goals can be 
achieved in the trucking industry without adverse safety 
consequences by determining the safety impacts and other 
effects of increasing the maximum allowable gross weight 
for vehicles using the Interstate System to allow for larger, 
more fuel-efficient tractor-trailers. 
(b) STUDY COMPONENTS.—In conducting the study 
under this section, the Secretary of Transportation shall— 
(1) determine whether a vehicle with a supple-
mentary sixth axle and a gross weight of up to 
97,000 pounds that is traveling at 60 miles per hour 
is capable of stopping at a distance of 355 feet or 
less; 
(2) determine whether the use of the Interstate 
System by vehicles described in paragraph (1) would 
require a fundamental alteration of the vehicle archi-
tecture that is commonly used for the transportation 
of goods as of the day before the date of the enact-
ment of this Act; 
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(3) analyze the safety impacts of allowing vehi-
cles described in paragraph (1) to use the Interstate 
System; and 
(4) consider the potential impact on highway 
safety of applying lower speed limits on such vehicles 
than the speed limits in effect on the day before the 
date of the enactment of this Act. 
(c) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Secretary shall submit 
a report to Congress that contains the results of the study 
conducted under this section, including a determination by 
the Secretary as to whether permitting vehicles with a sup-
plementary sixth axle and a gross weight of not more than 
97,000 pounds to use the Interstate System would have 
an adverse impact on highway safety. 
(d) DEFINITION.—In this section, the term ‘‘Inter-
state System’’ has the meaning given that term in section 
101(a) of title 23, United States Code. 
Subtitle B—Incentives for 
Diversification of Transportation 
SEC. 420. AMENDMENT OF 1986 CODE. 
Except as otherwise expressly provided, whenever in 
this subtitle an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
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section or other provision of the Internal Revenue Code 
of 1986. 
SEC. 421. EXTENSION OF CREDIT FOR MEDIUM AND HEAVY- 
DUTY HYBRID VEHICLES. 
(a) IN GENERAL.—Paragraph (3) of section 30B(k) 
is amended by striking ‘‘December 31, 2009’’ and insert-
ing ‘‘December 31, 2014’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to vehicles acquired after the date 
of the enactment of this Act. 
SEC. 422. EXTENSION OF CREDIT AND EXTENSION OF TEM-
PORARY INCREASE IN CREDIT FOR ALTER-
NATIVE FUEL VEHICLE REFUELING PROP-
ERTY. 
(a) EXTENSION OF CREDIT.—Subsection (g) of sec-
tion 30C is amended by striking ‘‘service—’’ and all that 
follows and inserting ‘‘service after December 31, 2018.’’. 
(b) EXTENSION OF TEMPORARY INCREASE.—Para-
graph (6) of section 30C(e) is amended— 
(1) by striking ‘‘January 1, 2011’’ and insert-
ing ‘‘January 1, 2019’’, and 
(2) by striking ‘‘AND 2010’’ in the heading and 
inserting ‘‘THROUGH 2018’’. 
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(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2010. 
SEC. 423. EXTENSION AND EXPANSION OF CREDIT FOR NEW 
QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR 
VEHICLES. 
(a) EXTENSION.—Section 30D is amended by adding 
at the end the following new subsection: 
‘‘(g) TERMINATION.—This section shall not apply to 
any property purchased after December 31, 2018.’’. 
(b) RESTORATION
OF CREDIT
FOR LARGE NEW 
QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES 
WEIGHING OVER 14,000 POUNDS.— 
(1) IN GENERAL.—The last sentence of section 
30D(b)(3) is amended to read as follows: ‘‘The 
amount determined under this paragraph shall not 
exceed— 
‘‘(A) $5,000, in the case of any new quali-
fied plug-in electric drive motor vehicle with a 
gross vehicle weight rating of not more than 
14,000 pounds, 
‘‘(B) $10,000, in the case of any new 
qualified plug-in electric drive motor vehicle 
with a gross vehicle weight rating of more than 
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14,000 pounds but not more than 26,000 
pounds, and 
‘‘(C) $12,500, in the case of any new 
qualified plug-in electric drive motor vehicle 
with a gross vehicle weight rating of more than 
26,000 pounds.’’. 
(2) CONFORMING
AMENDMENTS.—Paragraph 
(1) of section 30D(d) is amended by adding ‘‘and’’ 
at the end of subparagraph (D), by striking sub-
paragraph (E), and by redesignating subparagraph 
(F) as subparagraph (E). 
(c) INCREASE IN PER MANUFACTURER CAP.—Para-
graph (2) of section 30D(e) is amended by striking 
‘‘200,000’’ and inserting ‘‘400,000’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to vehicles acquired after the date 
of the enactment of this Act. 
SEC. 424. EXTENSION OF CREDIT FOR CERTAIN PLUG-IN 
ELECTRIC VEHICLES. 
(a) IN GENERAL.—Subsection (f) of section 30 is 
amended by striking ‘‘December 31, 2011’’ and inserting 
‘‘December 31, 2018’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to vehicles acquired after the date 
of the enactment of this Act. 
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SEC. 425. CREDIT FOR NEW QUALIFIED PLUG-IN ELECTRIC 
DRIVE MOTOR VEHICLES. 
(a) PLUG-IN ELECTRIC DRIVE MOTOR VEHICLE 
CREDIT.—Subpart B of part IV of subchapter A of chap-
ter 1 (relating to other credits) is amended as follows: 
(1) Subsection (a) of section 30D is amended to 
read as follows: 
‘‘(a) ALLOWANCE OF CREDIT.— 
‘‘(1) IN GENERAL.—There shall be allowed as a 
credit against the tax imposed by this chapter for 
the taxable year an amount equal to the applicable 
amount with respect to— 
‘‘(A) each new qualified plug-in electric 
drive motor vehicle placed in service by the tax-
payer during the taxable year, or 
‘‘(B) each automotive grade battery pur-
chased by the taxpayer during the taxable year 
subject to a minimum purchase of 1,000 bat-
teries with a battery capacity no smaller than 
5 kilowatt hours. 
‘‘(2) APPLICABLE AMOUNT.— 
‘‘(A) For purposes of paragraph (1)(A), 
the applicable amount is the sum of— 
‘‘(i) $2,500, plus 
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‘‘(ii) $417 for each kilowatt hour of 
traction battery capacity in excess of kilo-
watt hours. 
‘‘(B) For purposes of paragraph (1)(B), 
the applicable amount is the sum of— 
‘‘(i) $1,000, plus 
‘‘(ii) $200 for each kilowatt hour of 
traction battery capacity in excess of 5 kil-
owatt hours.’’. 
(2) Subsection (c)(6) is amended by striking 
the the period and inserting ‘‘, and’’ and inserting 
after it: 
‘‘(7) is not powered by a battery for which any 
taxpayer received a tax credit pursuant to subsection 
(a)(1)(B) of this section.’’. 
(3) Subsections (d), (e), (f), and (g) are redes-
ignated as subsections (e), (f), (g), and (h) and a 
new subsection (d) is inserted: 
‘‘(d) QUALIFIED AUTOMOTIVE BATTERY.—For pur-
poses of this section, the term ‘qualified automotive bat-
tery’ means a battery with at least 5 kilowatt hours of 
traction battery capacity that is designed for use in quali-
fied plug-in electric drive motor vehicles but is purchased 
for non-automotive applications.’’. 
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SEC. 426. TAX CREDIT FOR MOST EFFICIENT VEHICLE IN 
CLASS. 
Subpart B of part IV of subchapter A of chapter 1 
(relating to other credits) is amended by adding at the 
end the following new section: 
‘‘SEC. 30E. MOST EFFICIENT VEHICLE IN CLASS CREDIT. 
‘‘(a) ALLOWANCE OF CREDIT.—There shall be al-
lowed as a credit against the tax imposed by this chapter 
for the taxable year an amount equal to $2,000 for each 
car that is determined to be the ‘most efficient vehicle in 
class’ placed in service by the taxpayer during the taxable 
year. 
‘‘(b) MOST EFFICIENT VEHICLE
IN CLASS.—For 
purposes of this section, the term ‘most efficient vehicle 
in class’ means the motor vehicle identified as the most 
efficient vehicle in each class of vehicle in the Annual Fuel 
Economy Guide published by the Environmental Protec-
tion Agency.’’. 
SEC. 427. STUDY OF DEVELOPMENT OF COMMON STAND-
ARDS FOR PHEVS AND EVS BETWEEN THE 
UNITED STATES, EUROPE AND ASIA. 
(a) IN GENERAL.—The Secretary shall conduct a 
study identifying the components of electric vehicles, hy-
brid-electric vehicles and plug-in hybrid-electric vehicles 
for which it is important that there be common standards 
within the United States and between the United States, 
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European and Asian automakers and examine the extent 
to which such standards are (or are not) or have been (or 
have not been) developed, and the status of any such ef-
forts to develop such standards. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall submit to 
the appropriate committees of Congress a report on the 
results of the study conducted under subsection (a), in-
cluding any recommendations. 
Subtitle C—Low Carbon 
Diversification of Electric System 
SEC. 431. INNOVATIVE LOW-CARBON LOAN GUARANTEE 
PROGRAM. 
Section 1703 of the Energy Policy Act of 2005 (42 
U.S.C. 16513) is amended— 
(1) in subsection (b), by adding at the end the 
following: 
‘‘(11) Innovative low-carbon technology projects 
in accordance with subsection (f).’’; and 
(2) by adding at the end the following: 
‘‘(f) 
INNOVATIVE
LOW-CARBON
TECHNOLOGY 
PROJECTS.— 
‘‘(1) IN GENERAL.—The Secretary may make 
guarantees to carry out innovative low-carbon tech-
nologies projects. 
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‘‘(2) FUNDING.— 
‘‘(A) IN GENERAL.—Subject to the Federal 
Credit Reform Act of 1990 (2 U.S.C. 661 et 
seq.), the total principal amount of loans guar-
anteed to carry out projects under this sub-
section shall not exceed $50,000,000,000, to re-
main available until committed. 
‘‘(B) ADDITIONAL
AMOUNTS.—Amounts 
made available to carry out this subsection shall 
be in addition to any other authority provided 
for fiscal year 2010 or any previous fiscal year. 
‘‘(C) SOURCE OF FUNDS.— 
‘‘(i) IN
GENERAL.—Amounts made 
available to carry out this subsection shall 
be— 
‘‘(I) derived from amounts re-
ceived from borrowers pursuant to 
section 1702(b)(2) for fiscal year 
2010 or any previous fiscal year; and 
‘‘(II) collected in accordance with 
the Federal Credit Reform Act of 
1990 (2 U.S.C. 661 et seq.). 
‘‘(ii) TREATMENT.—The source of 
payment received from borrowers described 
in clause (i) shall be not considered a loan 
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or other debt obligation that is guaranteed 
by the Federal Government. 
‘‘(D) SUBSIDY COST.—In accordance with 
section 1702(b)(2), no appropriations to carry 
out this subsection shall be available to pay the 
subsidy cost of guarantees.’’. 
Æ 
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