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H.R. 6 (110th): Energy Independence and Security Act of 2007

The text of the bill below is as of Dec 7, 2007 (Passed the House with an Amendment).


110th CONGRESS

1st Session

In the House of Representatives, U. S.,

December 6, 2007

HOUSE AMENDMENTS TO SENATE AMENDMENTS:

That the House agree to the amendments of the Senate to the bill (H.R. 6) entitled An Act to reduce our Nation’s dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes, with the following

In lieu of the matter proposed to be inserted by the amendment of the Senate to the text of the bill, insert the following:

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Energy Independence and Security Act of 2007.

(b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

Sec. 3. Relationship to other law.

Title I—Energy security through improved vehicle fuel economy

Subtitle A—Increased Corporate Average Fuel Economy Standards

Sec. 101. Short title.

Sec. 102. Average fuel economy standards for automobiles and certain other vehicles.

Sec. 103. Definitions.

Sec. 104. Credit trading program.

Sec. 105. Consumer information.

Sec. 106. Continued applicability of existing standards.

Sec. 107. National Academy of Sciences studies.

Sec. 108. National Academy of Sciences study of medium-duty and heavy-duty truck fuel economy.

Sec. 109. Extension of flexible fuel vehicle credit program.

Sec. 110. Periodic review of accuracy of fuel economy labeling procedures.

Sec. 111. Consumer tire information.

Sec. 112. Use of civil penalties for research and development.

Sec. 113. Exemption from separate calculation requirement.

Subtitle B—Improved vehicle technology

Sec. 131. Transportation electrification.

Sec. 132. Domestic manufacturing conversion grant program.

Sec. 133. Inclusion of electric drive in Energy Policy Act of 1992.

Sec. 134. Loan guarantees for fuel-efficient automobile parts manufacturers.

Sec. 135. Advanced battery loan guarantee program.

Sec. 136. Advanced technology vehicles manufacturing incentive program.

Subtitle C—Federal vehicle fleets

Sec. 141. Federal vehicle fleets.

Sec. 142. Federal fleet conservation requirements.

Title II—Energy security through increased production of biofuels

Subtitle A—Renewable fuel standard

Sec. 201. Definitions.

Sec. 202. Renewable fuel standard.

Sec. 203. Study of impact of Renewable Fuel Standard.

Sec. 204. Environmental and resource conservation impacts.

Sec. 205. Biomass based diesel and biodiesel labeling.

Sec. 206. Study of credits for use of renewable electricity in electric vehicles.

Sec. 207. Grants for production of advanced biofuels.

Sec. 208. Integrated consideration of water quality in determinations on fuels and fuel additives.

Sec. 209. Anti-backsliding.

Sec. 210. Effective date, savings provision, and transition rules.

Subtitle B—Biofuels research and development

Sec. 221. Biodiesel.

Sec. 222. Biogas.

Sec. 223. Grants for biofuel production research and development in certain States.

Sec. 224. Biorefinery energy efficiency.

Sec. 225. Study of optimization of flexible fueled vehicles to use E–85 fuel.

Sec. 226. Study of engine durability and performance associated with the use of biodiesel.

Sec. 227. Study of optimization of biogas used in natural gas vehicles.

Sec. 228. Algal biomass.

Sec. 229. Biofuels and biorefinery information center.

Sec. 230. Cellulosic ethanol and biofuels research.

Sec. 231. Bioenergy research and development, authorization of appropriation.

Sec. 232. Environmental research and development.

Sec. 233. Bioenergy research centers.

Sec. 234. University based research and development grant program.

Subtitle C—Biofuels infrastructure

Sec. 241. Prohibition on franchise agreement restrictions related to renewable fuel infrastructure.

Sec. 242. Renewable fuel dispenser requirements.

Sec. 243. Ethanol pipeline feasibility study.

Sec. 244. Renewable fuel infrastructure grants.

Sec. 245. Study of the adequacy of transportation of domestically-produced renewable fuel by railroads and other modes of transportation.

Sec. 246. Federal fleet fueling centers.

Sec. 247. Standard specifications for biodiesel.

Sec. 248. Biofuels distribution and advanced biofuels infrastructure.

Subtitle D—Environmental safeguards

Sec. 251. Waiver for fuel or fuel additives.

Title III—Energy savings through improved standards for appliance and lighting

Subtitle A—Appliance energy efficiency

Sec. 301. External power supply efficiency standards.

Sec. 302. Updating appliance test procedures.

Sec. 303. Residential boilers.

Sec. 304.  Furnace fan standard process.

Sec. 305. Improving schedule for standards updating and clarifying State authority.

Sec. 306. Regional standards for furnaces, central air conditioners, and heat pumps.

Sec. 307. Procedure for prescribing new or amended standards.

Sec. 308. Expedited rulemakings.

Sec. 309. Battery chargers.

Sec. 310. Standby mode.

Sec. 311. Energy standards for home appliances.

Sec. 312. Walk-in coolers and walk-in freezers.

Sec. 313. Electric motor efficiency standards.

Sec. 314. Standards for single package vertical air conditioners and heat pumps.

Sec. 315. Improved energy efficiency for appliances and buildings in cold climates.

Sec. 316. Technical corrections.

Subtitle B—Lighting energy efficiency

Sec. 321. Efficient light bulbs.

Sec. 322. Incandescent reflector lamp efficiency standards.

Sec. 323. Public building energy efficient and renewable energy systems.

Sec. 324. Metal halide lamp fixtures.

Sec. 325. Energy efficiency labeling for consumer electronic products.

Title IV—Energy savings in buildings and industry

Sec. 401. Definitions.

Subtitle A—Residential building efficiency

Sec. 411. Reauthorization of weatherization assistance program.

Sec. 412. Study of renewable energy rebate programs.

Sec. 413. Energy code improvements applicable to manufactured housing.

Subtitle B—High-performance commercial buildings

Sec. 421. Commercial high-performance green buildings.

Sec. 422. Zero Net Energy Commercial Buildings Initiative.

Sec. 423. Public outreach.

Subtitle C—High-performance Federal buildings

Sec. 431. Energy reduction goals for Federal buildings.

Sec. 432. Management of energy and water efficiency in Federal buildings.

Sec. 433. Federal building energy efficiency performance standards.

Sec. 434. Management of Federal building efficiency .

Sec. 435. Leasing.

Sec. 436. High-performance green Federal buildings.

Sec. 437. Federal green building performance.

Sec. 438. Storm water runoff requirements for Federal development projects.

Sec. 439. Cost-effective technology acceleration program.

Sec. 440. Authorization of appropriations.

Sec. 441. Public building life-cycle costs.

Subtitle D—Industrial energy efficiency

Sec. 451. Industrial energy efficiency.

Sec. 452. Energy-intensive industries program.

Sec. 453. Energy efficiency for data center buildings.

Subtitle E—Healthy high-performance schools

Sec. 461. Healthy high-performance schools.

Sec. 462. Study on indoor environmental quality in schools.

Subtitle F—Institutional entities

Sec. 471. Energy sustainability and efficiency grants and loans for institutions.

Subtitle G—Public and assisted housing

Sec. 481. Application of International Energy Conservation Code to public and assisted housing.

Subtitle H—General provisions

Sec. 491. Demonstration project.

Sec. 492. Research and development.

Sec. 493. Environmental Protection Agency demonstration grant program for local governments.

Sec. 494. Green Building Advisory Committee.

Sec. 495. Advisory Committee on Energy Efficiency Finance.

Title V—Energy savings in government and public institutions

Subtitle A—United States Capitol complex

Sec. 501. Capitol complex photovoltaic roof feasibility studies.

Sec. 502. Capitol complex E–85 refueling station.

Sec. 503. Energy and environmental measures in Capitol complex master plan.

Sec. 504. Promoting maximum efficiency in operation of Capitol power plant.

Sec. 505. Capitol power plant carbon dioxide emissions feasibility study and demonstration projects.

Subtitle B—Energy savings performance contracting

Sec. 511. Authority to enter into contracts; reports.

Sec. 512. Financing flexibility.

Sec. 513. Promoting long-term energy savings performance contracts and verifying savings.

Sec. 514. Permanent reauthorization.

Sec. 515. Definition of energy savings.

Sec. 516. Retention of savings.

Sec. 517. Training Federal contracting officers to negotiate energy efficiency contracts.

Sec. 518. Study of energy and cost savings in nonbuilding applications.

Subtitle C—Energy efficiency in Federal agencies

Sec. 521. Installation of photovoltaic system at Department of Energy headquarters building.

Sec. 522. Prohibition on incandescent lamps by Coast Guard.

Sec. 523. Standard relating to solar hot water heaters.

Sec. 524. Federally-procured appliances with standby power.

Sec. 525. Federal procurement of energy efficient products.

Sec. 526. Procurement and acquisition of alternative fuels.

Sec. 527. Government efficiency status reports.

Sec. 528. OMB government efficiency reports and scorecards.

Sec. 529. Electricity sector demand response.

Subtitle D—Energy efficiency of public institutions

Sec. 531. Reauthorization of State energy programs.

Sec. 532. Utility energy efficiency programs.

Subtitle E—Energy efficiency and conservation block grants

Sec. 541. Definitions.

Sec. 542. Energy Efficiency and Conservation Block Grant Program.

Sec. 543. Allocation of funds.

Sec. 544. Use of funds.

Sec. 545. Requirements for eligible entities.

Sec. 546. Competitive grants.

Sec. 547. Review and evaluation.

Sec. 548. Funding.

Title VI—Accelerated research and development

Subtitle A—Solar energy

Sec. 601. Short title.

Sec. 602. Thermal energy storage research and development program.

Sec. 603. Concentrating solar power commercial application studies.

Sec. 604. Solar energy curriculum development and certification grants.

Sec. 605. Daylighting systems and direct solar light pipe technology.

Sec. 606. Solar Air Conditioning Research and Development Program.

Sec. 607. Photovoltaic demonstration program.

Subtitle B—Geothermal energy

Sec. 611. Short title.

Sec. 612. Definitions.

Sec. 613. Hydrothermal research and development.

Sec. 614. General geothermal systems research and development.

Sec. 615. Enhanced geothermal systems research and development.

Sec. 616. Geothermal energy production from oil and gas fields and recovery and production of geopressured gas resources.

Sec. 617. Cost sharing and proposal evaluation.

Sec. 618. Center for geothermal technology transfer.

Sec. 619. GeoPowering America.

Sec. 620. Educational pilot program.

Sec. 621. Reports.

Sec. 622. Applicability of other laws.

Sec. 623. Authorization of appropriations.

Sec. 624. International geothermal energy development.

Sec. 625. High cost region geothermal energy grant program.

Subtitle C—Marine and hydrokinetic renewable energy technologies

Sec. 631. Short title.

Sec. 632. Definition.

Sec. 633. Marine and hydrokinetic renewable energy research and development.

Sec. 634. National Marine Renewable Energy Research, Development, and Demonstration Centers.

Sec. 635. Applicability of other laws.

Sec. 636. Authorization of appropriations.

Subtitle D—Energy storage for transportation and electric power

Sec. 641. Energy storage competitiveness.

Subtitle E—Miscellaneous provisions

Sec. 651. Lightweight materials research and development.

Sec. 652. Commercial insulation demonstration program.

Sec. 653. Technical criteria for clean coal power Initiative.

Sec. 654. H-Prize.

Sec. 655. Bright Tomorrow Lighting Prizes.

Sec. 656. Renewable Energy innovation manufacturing partnership.

Title VII—Carbon capture and sequestration

Subtitle A—Carbon capture and sequestration research, development, and demonstration

Sec. 701. Short title.

Sec. 702. Carbon capture and sequestration research, development, and demonstration program.

Sec. 703. Carbon capture.

Sec. 704. Review of large-scale programs.

Sec. 705. Geologic sequestration training and research.

Sec. 706. Relation to Safe Drinking Water Act.

Sec. 707. Safety research.

Sec. 708. University based research and development grant program.

Subtitle B—Carbon capture and sequestration assessment and framework

Sec. 711. Carbon dioxide sequestration capacity assessment.

Sec. 712. Assessment of carbon sequestration and methane and nitrous oxide emissions from ecosystems.

Sec. 713. Carbon dioxide sequestration inventory.

Sec. 714. Framework for geological carbon sequestration on public land.

Title VIII—Improved management of energy policy

Subtitle A—Management improvements

Sec. 801. National media campaign.

Sec. 802. Alaska Natural Gas Pipeline administration.

Sec. 803. Renewable energy deployment.

Sec. 804. Coordination of planned refinery outages.

Sec. 805. Assessment of resources.

Sec. 806. Sense of Congress relating to the use of renewable resources to generate energy.

Sec. 807. Geothermal assessment, exploration information, and priority activities.

Subtitle B—Prohibitions on market manipulation and false information

Sec. 811. Prohibition on market manipulation.

Sec. 812. Prohibition on false information.

Sec. 813. Enforcement by the Federal Trade Commission.

Sec. 814. Penalties.

Sec. 815. Effect on other laws.

Title IX—International energy programs

Sec. 901. Definitions.

Subtitle A—Assistance to promote clean and efficient energy technologies in foreign countries

Sec. 911. United States assistance for developing countries.

Sec. 912. United States exports and outreach programs for India, China, and other countries.

Sec. 913. United States trade missions to encourage private sector trade and investment.

Sec. 914. Actions by Overseas Private Investment Corporation.

Sec. 915. Actions by United States Trade and Development Agency.

Sec. 916. Deployment of international clean and efficient energy technologies and investment in global energy markets.

Sec. 917. United States-Israel energy cooperation.

Subtitle B—International Clean Energy Foundation

Sec. 921. Definitions.

Sec. 922. Establishment and management of Foundation.

Sec. 923. Duties of Foundation.

Sec. 924. Annual report.

Sec. 925. Powers of the Foundation; related provisions.

Sec. 926. General personnel authorities.

Sec. 927. Authorization of appropriations.

Subtitle C—Miscellaneous Provisions

Sec. 931. Energy diplomacy and security within the Department of State.

Sec. 932. National Security Council reorganization.

Sec. 933. Annual national energy security strategy report.

Sec. 934. Convention on Supplementary Compensation for Nuclear Damage contingent cost allocation.

Sec. 935. Transparency in extractive industries resource payments.

Title X—Green Jobs

Sec. 1001. Short title.

Sec. 1002. Energy efficiency and renewable energy worker training program.

Title XI—Energy transportation and infrastructure

Subtitle A—Department of Transportation

Sec. 1101. Office of Climate Change and Environment.

Subtitle B—Railroads

Sec. 1111. Advanced technology locomotive grant pilot program.

Sec. 1112. Capital grants for class II and class III railroads.

Subtitle C—Marine transportation

Sec. 1121. Short sea transportation initiative.

Sec. 1122. Short sea shipping eligibility for capital construction fund.

Sec. 1123. Short sea transportation report.

Subtitle D—Highways

Sec. 1131. Increased Federal share for CMAQ projects.

Sec. 1132. Distribution of rescissions.

Sec. 1133. Sense of Congress regarding use of complete streets design techniques.

Title XII—Small business energy programs

Sec. 1201. Express loans for renewable energy and energy efficiency.

Sec. 1202. Pilot program for reduced 7(a) fees for purchase of energy efficient technologies.

Sec. 1203. Small business energy efficiency.

Sec. 1204. Larger 504 loan limits to help business develop energy efficient technologies and purchases.

Sec. 1205. Energy saving debentures.

Sec. 1206. Investments in energy saving small businesses.

Sec. 1207. Renewable fuel capital investment company.

Sec. 1208. Study and report.

Title XIII—Smart grid

Sec. 1301. Statement of policy on modernization of electricity grid.

Sec. 1302. Smart grid system report.

Sec. 1303. Smart grid advisory committee and smart grid task force.

Sec. 1304. Smart grid technology research, development, and demonstration.

Sec. 1305. Smart grid interoperability framework.

Sec. 1306. Federal matching fund for smart grid investment costs.

Sec. 1307. State consideration of smart grid.

Sec. 1308. Study of the effect of private wire laws on the development of combined heat and power facilities.

Sec. 1309. DOE study of security attributes of smart grid systems.

Title XIV—Renewable electricity standard

Sec. 1401. Renewable electricity standard.

Title XV—Clean renewable energy and conservation tax act of 2007

Sec. 1500. Short title; amendment of 1986 Code.

Subtitle A—Clean renewable energy production incentives

Part I—Provisions relating to renewable energy

Sec. 1501. Extension and modification of renewable energy credit.

Sec. 1502. Production credit for electricity produced from marine renewables.

Sec. 1503. Extension and modification of energy credit.

Sec. 1504. Extension and modification of credit for residential energy efficient property.

Sec. 1505. Extension and modification of special rule to implement FERC and State electric restructuring policy.

Sec. 1506. New clean renewable energy bonds.

Part II—Provisions relating to carbon mitigation and coal

Sec. 1507. Expansion and modification of advanced coal project investment credit.

Sec. 1508. Expansion and modification of coal gasification investment credit.

Sec. 1509. Seven-year applicable recovery period for depreciation of qualified carbon dioxide pipeline property.

Sec. 1510. Special rules for refund of the coal excise tax to certain coal producers and exporters.

Sec. 1511. Extension of temporary increase in coal excise tax.

Sec. 1512. Carbon audit of the tax code.

Subtitle B—Transportation and domestic fuel security

Part I—Biofuels

Sec. 1521. Credit for production of cellulosic biomass alcohol.

Sec. 1522. Expansion of special allowance to cellulosic biomass alcohol fuel plant property.

Sec. 1523. Modification of alcohol credit.

Sec. 1524. Extension and modification of credits for biodiesel and renewable diesel.

Sec. 1525. Clarification of eligibility for renewable diesel credit.

Sec. 1526. Provisions clarifying treatment of fuels with no nexus to the United States.

Sec. 1527. Comprehensive study of biofuels.

Part II—Advanced technology motor vehicles

Sec. 1528. Credit for new qualified plug-in electric drive motor vehicles.

Sec. 1529. Exclusion from heavy truck tax for idling reduction units and advanced insulation.

Part III—Other transportation provisions

Sec. 1530. Restructuring of New York Liberty Zone tax credits.

Sec. 1531. Extension of transportation fringe benefit to bicycle commuters.

Subtitle C—Energy conservation and efficiency

Part I—Conservation tax credit bonds

Sec. 1541. Qualified energy conservation bonds.

Sec. 1542. Qualified forestry conservation bonds.

Part II—Efficiency

Sec. 1543. Extension and modification of energy efficient existing homes credit.

Sec. 1544. Extension and modification of energy efficient commercial buildings deduction.

Sec. 1545. Modifications of energy efficient appliance credit for appliances produced after 2007.

Sec. 1546. Seven-year applicable recovery period for depreciation of qualified energy management devices.

Subtitle D—Other provisions

Part I—Forestry provisions

Sec. 1551. Deduction for qualified timber gain.

Sec. 1552. Excise tax not applicable to section 1203 deduction of real estate investment trusts.

Sec. 1553. Timber REIT modernization.

Sec. 1554. Mineral royalty income qualifying income for timber REITs.

Sec. 1555. Modification of taxable REIT subsidiary asset test for timber REITs.

Sec. 1556. Safe harbor for timber property.

Part II—Exxon Valdez

Sec. 1557. Income averaging for amounts received in connection with the Exxon Valdez litigation.

Subtitle E—Revenue provisions

Sec. 1561. Limitation of deduction for income attributable to domestic production of oil, gas, or a primary products thereof.

Sec. 1562. Elimination of the different treatment of foreign oil and gas extraction income and foreign oil related income for purposes of the foreign tax credit.

Sec. 1563. Seven-year amortization of geological and geophysical expenditures for certain major integrated oil companies.

Sec. 1564. Broker reporting of customer’s basis in securities transactions.

Sec. 1565. Extension of additional 0.2 percent FUTA surtax.

Sec. 1566. Termination of treatment of natural gas distribution lines as 15-year property.

Sec. 1567. Time for payment of corporate estimated taxes.

Sec. 1568. Modification of penalty for failure to file partnership returns.

Subtitle F—Secure rural schools

Sec. 1571. Secure rural schools and community self-determination program.

2.

Definitions

In this Act:

(1)

Department

The term Department means the Department of Energy.

(2)

Institution of higher education

The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

(3)

Secretary

The term Secretary means the Secretary of Energy.

3.

Relationship to other law

Except to the extent expressly provided in this Act or an amendment made by this Act, nothing in this Act or an amendment made by this Act supersedes, limits the authority provided or responsibility conferred by, or authorizes any violation of any provision of law (including a regulation), including any energy or environmental law or regulation.

I

Energy security through improved vehicle fuel economy

A

Increased Corporate Average Fuel Economy Standards

101.

Short title

This subtitle may be cited as the Ten-in-Ten Fuel Economy Act.

102.

Average fuel economy standards for automobiles and certain other vehicles

(a)

Increased Standards

Section 32902 of title 49, United States Code, is amended—

(1)

in subsection (a)—

(A)

by striking Non-passenger Automobiles.— and inserting Prescription of Standards by Regulation.—;

(B)

by striking (except passenger automobiles) in subsection (a); and

(C)

by striking the last sentence;

(2)

by striking subsection (b) and inserting the following:

(b)

Standards for Automobiles and Certain Other Vehicles

(1)

In general

The Secretary of Transportation, after consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall prescribe separate average fuel economy standards for—

(A)

passenger automobiles manufactured by manufacturers in each model year beginning with model year 2011 in accordance with this subsection;

(B)

non-passenger automobiles manufactured by manufacturers in each model year beginning with model year 2011 in accordance with this subsection;

(C)

work trucks in accordance with subsection (k); and

(D)

commercial medium-duty or heavy-duty on-highway vehicles in accordance with subsection (l).

(2)

Fuel economy standards for automobiles

(A)

Automobile fuel economy average for model years 2011 through 2020

The Secretary shall prescribe a separate average fuel economy standard for passenger automobiles and a separate average fuel economy standard for non-passenger automobiles for each model year beginning with model year 2011 to achieve a combined fuel economy average for model year 2020 of at least 35 miles per gallon for the total fleet of passenger and non-passenger automobiles manufactured for sale in the United States for that model year.

(B)

Automobile fuel economy average for model years 2021 through 2030

For model years 2021 through 2030, the average fuel economy required to be attained by each fleet of passenger and non-passenger automobiles manufactured for sale in the United States shall be the maximum feasible average fuel economy standard for each fleet for that model year.

(C)

Progress toward standard required

In prescribing average fuel economy standards under subparagraph (A), the Secretary shall prescribe annual fuel economy standard increases that increase the applicable average fuel economy standard ratably beginning with model year 2011 and ending with model year 2020.

(3)

Authority of the secretary

The Secretary shall—

(A)

prescribe by regulation separate average fuel economy standards for passenger and non-passenger automobiles based on 1 or more vehicle attributes related to fuel economy and express each standard in the form of a mathematical function; and

(B)

issue regulations under this title prescribing average fuel economy standards for at least 1, but not more than 5, model years.

(4)

Minimum standard

In addition to any standard prescribed pursuant to paragraph (3), each manufacturer shall also meet the minimum standard for domestically manufactured passenger automobiles, which shall be the greater of—

(A)

27.5 miles per gallon; or

(B)

92 percent of the average fuel economy projected by the Secretary for the combined domestic and non-domestic passenger automobile fleets manufactured for sale in the United States by all manufacturers in the model year, which projection shall be published in the Federal Register when the standard for that model year is promulgated in accordance with this section.

; and

(3)

in subsection (c)—

(A)

by striking (1) Subject to paragraph (2) of this subsection, the and inserting The; and

(B)

by striking paragraph (2).

(b)

Fuel Economy Standard for Work Trucks

Section 32902 of title 49, United States Code, is amended by adding at the end the following:

(k)

Work Trucks

(1)

Study

Not later than 1 year after the date of the enactment of the Ten-in-Ten Fuel Economy Act, the Secretary of Transportation, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall examine the fuel efficiency of work trucks and determine—

(A)

the appropriate test procedures and methodologies for measuring the fuel efficiency of work trucks;

(B)

the appropriate metric for measuring and expressing work truck fuel efficiency performance, taking into consideration, among other things, the work performed by work trucks and types of operations in which they are used;

(C)

the range of factors, including, without limitation, design, functionality, use, duty cycle, infrastructure, and total overall energy consumption and operating costs that affect work truck fuel efficiency; and

(D)

such other factors and conditions that could have an impact on a program to improve work truck fuel efficiency.

(2)

Rulemaking

Not later than 24 months after completion of the study required under paragraph (1), the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, by regulation, shall determine in a rulemaking proceeding how to implement a work truck fuel efficiency improvement program designed to achieve the maximum feasible improvement, and shall adopt and implement appropriate test methods, measurement metrics, fuel economy standards, and compliance and enforcement protocols that are appropriate, cost-effective, and technologically feasible for work trucks. Any fuel economy standard prescribed under this section shall be prescribed at least 18 months before the model year to which it applies. The Secretary may prescribe separate standards for different classes of vehicles under this subsection.

.

(c)

Fuel Economy Standard for Commercial Medium-Duty and Heavy-Duty On-Highway Vehicles

Section 32902 of title 49, United States Code, as amended by subsection (b), is further amended by adding at the end the following:

(l)

Commercial Medium- and Heavy-Duty On-Highway Vehicles

(1)

Study

Not later than 1 year after the National Academy of Sciences publishes the results of its study under section 108 of the Ten-in-Ten Fuel Economy Act, the Secretary of Transportation, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall examine the fuel efficiency of commercial medium- and heavy-duty on-highway vehicles and determine—

(A)

the appropriate test procedures and methodologies for measuring the fuel efficiency of such vehicles;

(B)

the appropriate metric for measuring and expressing commercial medium- and heavy-duty on-highway vehicle fuel efficiency performance, taking into consideration, among other things, the work performed by such on-highway vehicles and types of operations in which they are used;

(C)

the range of factors, including, without limitation, design, functionality, use, duty cycle, infrastructure, and total overall energy consumption and operating costs that affect commercial medium- and heavy-duty on-highway vehicle fuel efficiency; and

(D)

such other factors and conditions that could have an impact on a program to improve commercial medium- and heavy-duty on-highway vehicle fuel efficiency.

(2)

Rulemaking

Not later than 24 months after completion of the study required under paragraph (1), the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, by regulation, shall determine in a rulemaking proceeding how to implement a commercial medium- and heavy-duty on-highway vehicle fuel efficiency improvement program designed to achieve the maximum feasible improvement, and shall adopt and implement appropriate test methods, measurement metrics, fuel economy standards, and compliance and enforcement protocols that are appropriate, cost-effective, and technologically feasible for commercial medium- and heavy-duty on-highway vehicles. Any fuel economy standard prescribed under this section shall be prescribed at least 18 months before the model year to which it applies. The Secretary may prescribe separate standards for different classes of vehicles under this subsection.

(3)

Lead-time; regulatory stability

The first commercial medium- and heavy-duty on-highway vehicle fuel efficiency regulatory program adopted pursuant to this subsection shall provide not less than—

(A)

4 full model years of regulatory lead-time; and

(B)

3 full model years of regulatory stability.

.

103.

Definitions

(a)

In General

Section 32901(a) of title 49, United States Code, is amended—

(1)

by striking paragraph (3) and inserting the following:

(3)

except as provided in section 32908 of this title, automobile means a 4-wheeled vehicle that is propelled by fuel, or by alternative fuel, manufactured primarily for use on public streets, roads, and highways and rated at less than 10,000 pounds gross vehicle weight, except—

(A)

a vehicle operated only on a rail line;

(B)

a vehicle manufactured in different stages by 2 or more manufacturers, if no intermediate or final-stage manufacturer of that vehicle manufactures more than 10,000 multi-stage vehicles per year; or

(C)

a work truck.

;

(2)

by redesignating paragraphs (7) through (16) as paragraphs (8) through (17), respectively;

(3)

by inserting after paragraph (6) the following:

(7)

commercial medium- and heavy-duty on-highway vehicle means an on-highway vehicle with a gross vehicle weight rating of 10,000 pounds or more.

;

(4)

in paragraph (9)(A), as redesignated, by inserting or a mixture of biodiesel and diesel fuel meeting the standard established by the American Society for Testing and Materials or under section 211(u) of the Clean Air Act (42 U.S.C. 7545(u)) for fuel containing 20 percent biodiesel (commonly known as B20) after alternative fuel;

(5)

by redesignating paragraph (17), as redesignated, as paragraph (18);

(6)

by inserting after paragraph (16), as redesignated, the following:

(17)

non-passenger automobile means an automobile that is not a passenger automobile or a work truck.

; and

(7)

by adding at the end the following:

(19)

work truck means a vehicle that—

(A)

is rated at between 8,500 and 10,000 pounds gross vehicle weight; and

(B)

is not a medium-duty passenger vehicle (as defined in section 86.1803–01 of title 40, Code of Federal Regulations, as in effect on the date of the enactment of the Ten-in-Ten Fuel Economy Act).

.

104.

Credit trading program

(a)

In General

Section 32903 of title 49, United States Code, is amended—

(1)

by striking section 32902(b)-(d) of this title each place it appears and inserting subsections (a) through (d) of section 32902;

(2)

in subsection (a)(2)—

(A)

by striking 3 consecutive model years and inserting 5 consecutive model years;

(B)

by striking clause (1) of this subsection, and inserting paragraph (1);

(3)

by redesignating subsection (f) as subsection (h); and

(4)

by inserting after subsection (e) the following:

(f)

Credit Trading Among Manufacturers

(1)

In general

The Secretary of Transportation may establish, by regulation, a fuel economy credit trading program to allow manufacturers whose automobiles exceed the average fuel economy standards prescribed under section 32902 to earn credits to be sold to manufacturers whose automobiles fail to achieve the prescribed standards such that the total oil savings associated with manufacturers that exceed the prescribed standards are preserved when trading credits to manufacturers that fail to achieve the prescribed standards.

(2)

Limitation

The trading of credits by a manufacturer to the category of passenger automobiles manufactured domestically is limited to the extent that the fuel economy level of such automobiles shall comply with the requirements of section 32902(b)(4), without regard to any trading of credits from other manufacturers.

(g)

Credit Transferring Within a Manufacturer’s Fleet

(1)

In general

The Secretary of Transportation shall establish by regulation a fuel economy credit transferring program to allow any manufacturer whose automobiles exceed any of the average fuel economy standards prescribed under section 32902 to transfer the credits earned under this section and to apply such credits within that manufacturer’s fleet to a compliance category of automobiles that fails to achieve the prescribed standards.

(2)

Years for which used

Credits transferred under this subsection are available to be used in the same model years that the manufacturer could have applied such credits under subsections (a), (b), (d), and (e), as well as for the model year in which the manufacturer earned such credits.

(3)

Maximum increase

The maximum increase in any compliance category attributable to transferred credits is—

(A)

for model years 2011 through 2013, 1.0 mile per gallon;

(B)

for model years 2014 through 2017, 1.5 miles per gallon; and

(C)

for model year 2018 and subsequent model years, 2.0 miles per gallon.

(4)

Limitation

The transfer of credits by a manufacturer to the category of passenger automobiles manufactured domestically is limited to the extent that the fuel economy level of such automobiles shall comply with the requirements under section 32904(b)(4), without regard to any transfer of credits from other categories of automobiles described in paragraph (6)(B).

(5)

Years available

A credit may be transferred under this subsection only if it is earned after model year 2010.

(6)

Definitions

In this subsection:

(A)

Fleet

The term fleet means all automobiles manufactured by a manufacturer in a particular model year.

(B)

Compliance category of automobiles

The term compliance category of automobiles means any of the following 3 categories of automobiles for which compliance is separately calculated under this chapter:

(i)

Passenger automobiles manufactured domestically.

(ii)

Passenger automobiles not manufactured domestically.

(iii)

Non-passenger automobiles.

.

(b)

Conforming Amendments

(1)

Limitations

Section 32902(h) of title 49, United States Code, is amended—

(A)

in paragraph (1), by striking and at the end;

(B)

in paragraph (2), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(3)

may not consider, when prescribing a fuel economy standard, the trading, transferring, or availability of credits under section 32903.

.

(2)

Separate Calculations

Section 32904(b)(1)(B) is amended by striking chapter. and inserting chapter, except for the purposes of section 32903..

105.

Consumer information

Section 32908 of title 49, United States Code, is amended by adding at the end the following:

(g)

Consumer Information

(1)

Program

The Secretary of Transportation, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall develop and implement by rule a program to require manufacturers—

(A)

to label new automobiles sold in the United States with—

(i)

information reflecting an automobile’s performance on the basis of criteria that the Administrator shall develop, not later than 18 months after the date of the enactment of the Ten-in-Ten Fuel Economy Act, to reflect fuel economy and greenhouse gas and other emissions over the useful life of the automobile;

(ii)

a rating system that would make it easy for consumers to compare the fuel economy and greenhouse gas and other emissions of automobiles at the point of purchase, including a designation of automobiles—

(I)

with the lowest greenhouse gas emissions over the useful life of the vehicles; and

(II)

the highest fuel economy; and

(iii)

a permanent and prominent display that an automobile is capable of operating on an alternative fuel; and

(B)

to include in the owner’s manual for vehicles capable of operating on alternative fuels information that describes that capability and the benefits of using alternative fuels, including the renewable nature and environmental benefits of using alternative fuels.

(2)

Consumer education

(A)

In general

The Secretary of Transportation, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall develop and implement by rule a consumer education program to improve consumer understanding of automobile performance described in paragraph (1)(A)(i) and to inform consumers of the benefits of using alternative fuel in automobiles and the location of stations with alternative fuel capacity.

(B)

Fuel savings education campaign

The Secretary of Transportation shall establish a consumer education campaign on the fuel savings that would be recognized from the purchase of vehicles equipped with thermal management technologies, including energy efficient air conditioning systems and glass.

(3)

Fuel tank labels for alternative fuel automobiles

The Secretary of Transportation shall by rule require a label to be attached to the fuel compartment of vehicles capable of operating on alternative fuels, with the form of alternative fuel stated on the label. A label attached in compliance with the requirements of section 32905(h) is deemed to meet the requirements of this paragraph.

(4)

Rulemaking deadline

The Secretary of Transportation shall issue a final rule under this subsection not later than 42 months after the date of the enactment of the Ten-in-Ten Fuel Economy Act.

.

106.

Continued applicability of existing standards

Nothing in this subtitle, or the amendments made by this subtitle, shall be construed to affect the application of section 32902 of title 49, United States Code, to passenger automobiles or non-passenger automobiles manufactured before model year 2011.

107.

National Academy of Sciences studies

(a)

In General

As soon as practicable after the date of enactment of this Act, the Secretary of Transportation shall execute an agreement with the National Academy of Sciences to develop a report evaluating vehicle fuel economy standards, including—

(1)

an assessment of automotive technologies and costs to reflect developments since the Academy’s 2002 report evaluating the corporate average fuel economy standards was conducted;

(2)

an analysis of existing and potential technologies that may be used practically to improve automobile and medium-duty and heavy-duty truck fuel economy;

(3)

an analysis of how such technologies may be practically integrated into the automotive and medium-duty and heavy-duty truck manufacturing process; and

(4)

an assessment of how such technologies may be used to meet the new fuel economy standards under chapter 329 of title 49, United States Code, as amended by this subtitle.

(b)

Report

The Academy shall submit the report to the Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Energy and Commerce of the House of Representatives, with its findings and recommendations not later than 5 years after the date on which the Secretary executes the agreement with the Academy.

(c)

Quinquennial Updates

After submitting the initial report, the Academy shall update the report at 5 year intervals thereafter through 2025.

108.

National Academy of Sciences study of medium-duty and heavy-duty truck fuel economy

(a)

In General

As soon as practicable after the date of enactment of this Act, the Secretary of Transportation shall execute an agreement with the National Academy of Sciences to develop a report evaluating medium-duty and heavy-duty truck fuel economy standards, including—

(1)

an assessment of technologies and costs to evaluate fuel economy for medium-duty and heavy-duty trucks;

(2)

an analysis of existing and potential technologies that may be used practically to improve medium-duty and heavy-duty truck fuel economy;

(3)

an analysis of how such technologies may be practically integrated into the medium-duty and heavy-duty truck manufacturing process;

(4)

an assessment of how such technologies may be used to meet fuel economy standards to be prescribed under section 32902(l) of title 49, United States Code, as amended by this subtitle; and

(5)

associated costs and other impacts on the operation of medium-duty and heavy-duty trucks, including congestion.

(b)

Report

The Academy shall submit the report to the Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Energy and Commerce of the House of Representatives, with its findings and recommendations not later than 1 year after the date on which the Secretary executes the agreement with the Academy.

109.

Extension of flexible fuel vehicle credit program

(a)

In General

Section 32906 of title 49, United States Code, is amended to read as follows:

32906.

Maximum fuel economy increase for alternative fuel automobiles

(a)

In general

For each of model years 1993 through 2019 for each category of automobile (except an electric automobile), the maximum increase in average fuel economy for a manufacturer attributable to dual fueled automobiles is—

(1)

1.2 miles a gallon for each of model years 1993 through 2014;

(2)

1.0 miles per gallon for model year 2015;

(3)

0.8 miles per gallon for model year 2016;

(4)

0.6 miles per gallon for model year 2017;

(5)

0.4 miles per gallon for model year 2018;

(6)

0.2 miles per gallon for model year 2019; and

(7)

0 miles per gallon for model years after 2019.

(b)

Calculation

In applying subsection (a), the Administrator of the Environmental Protection Agency shall determine the increase in a manufacturer's average fuel economy attributable to dual fueled automobiles by subtracting from the manufacturer's average fuel economy calculated under section 32905(e) the number equal to what the manufacturer's average fuel economy would be if it were calculated by the formula under section 32904(a)(1) by including as the denominator for each model of dual fueled automobiles the fuel economy when the automobiles are operated on gasoline or diesel fuel.

.

(b)

Conforming Amendments

Section 32905 of title 49, United States Code, is amended—

(1)

in subsection (b), by striking 1993-2010, and inserting 1993 through 2019,;

(2)

in subsection (d), by striking 1993-2010, and inserting 1993 through 2019,;

(3)

by striking subsections (f) and (g); and

(4)

by redesignating subsection (h) as subsection (f).

(c)

B20 biodiesel flexible fuel credit

Section 32905(b)(2) of title 49, United States Code, is amended to read as follows:

(2)

.5 divided by the fuel economy—

(A)

measured under subsection (a) when operating the model on alternative fuel; or

(B)

measured based on the fuel content of B20 when operating the model on B20, which is deemed to contain 0.15 gallon of fuel.

.

110.

Periodic review of accuracy of fuel economy labeling procedures

Beginning in December, 2009, and not less often than every 5 years thereafter, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Transportation, shall—

(1)

reevaluate the fuel economy labeling procedures described in the final rule published in the Federal Register on December 27, 2006 (71 Fed. Reg. 77,872; 40 C.F.R. parts 86 and 600) to determine whether changes in the factors used to establish the labeling procedures warrant a revision of that process; and

(2)

submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives that describes the results of the reevaluation process.

111.

Consumer tire information

(a)

In General

Chapter 323 of title 49, United States Code, is amended by inserting after section 32304 the following:

32304A.

Consumer tire information

(a)

Rulemaking

(1)

In general

Not later than 24 months after the date of enactment of the Ten-in-Ten Fuel Economy Act, the Secretary of Transportation shall, after notice and opportunity for comment, promulgate rules establishing a national tire fuel efficiency consumer information program for replacement tires designed for use on motor vehicles to educate consumers about the effect of tires on automobile fuel efficiency, safety, and durability.

(2)

Items included in rule

The rulemaking shall include—

(A)

a national tire fuel efficiency rating system for motor vehicle replacement tires to assist consumers in making more educated tire purchasing decisions;

(B)

requirements for providing information to consumers, including information at the point of sale and other potential information dissemination methods, including the Internet;

(C)

specifications for test methods for manufacturers to use in assessing and rating tires to avoid variation among test equipment and manufacturers; and

(D)

a national tire maintenance consumer education program including, information on tire inflation pressure, alignment, rotation, and tread wear to maximize fuel efficiency, safety, and durability of replacement tires.

(3)

Applicability

This section shall apply only to replacement tires covered under section 575.104(c) of title 49, Code of Federal Regulations, in effect on the date of the enactment of the Ten-in-Ten Fuel Economy Act.

(b)

Consultation

The Secretary shall consult with the Secretary of Energy and the Administrator of the Environmental Protection Agency on the means of conveying tire fuel efficiency consumer information.

(c)

Report to Congress

The Secretary shall conduct periodic assessments of the rules promulgated under this section to determine the utility of such rules to consumers, the level of cooperation by industry, and the contribution to national goals pertaining to energy consumption. The Secretary shall transmit periodic reports detailing the findings of such assessments to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce.

(d)

Tire Marking

The Secretary shall not require permanent labeling of any kind on a tire for the purpose of tire fuel efficiency information.

(e)

Application with State and Local Laws and Regulations

Nothing in this section prohibits a State or political subdivision thereof from enforcing a law or regulation on tire fuel efficiency consumer information that was in effect on January 1, 2006. After a requirement promulgated under this section is in effect, a State or political subdivision thereof may adopt or enforce a law or regulation on tire fuel efficiency consumer information enacted or promulgated after January 1, 2006, if the requirements of that law or regulation are identical to the requirement promulgated under this section. Nothing in this section shall be construed to preempt a State or political subdivision thereof from regulating the fuel efficiency of tires (including establishing testing methods for determining compliance with such standards) not otherwise preempted under this chapter.

.

(b)

Enforcement

Section 32308 of title 49, United States Code, is amended—

(1)

by redesignating subsections (c) and (d) as subsections (d)and (e), respectively; and

(2)

by inserting after subsection (b) the following:

(c)

Section 32304A

Any person who fails to comply with the national tire fuel efficiency information program under section 32304A is liable to the United States Government for a civil penalty of not more than $50,000 for each violation.

.

(c)

Conforming amendment

The chapter analysis for chapter 323 of title 49, United States Code, is amended by inserting after the item relating to section 32304 the following:

32304A. Consumer tire information

.

112.

Use of civil penalties for research and development

Section 32912 of title 49, United States Code, is amended by adding at the end the following:

(e)

Use of Civil Penalties

For fiscal year 2008 and each fiscal year thereafter, from the total amount deposited in the general fund of the Treasury during the preceding fiscal year from fines, penalties, and other funds obtained through enforcement actions conducted pursuant to this section (including funds obtained under consent decrees), the Secretary of the Treasury, subject to the availability of appropriations, shall—

(1)

transfer 50 percent of such total amount to the account providing appropriations to the Secretary of Transportation for the administration of this chapter, which shall be used by the Secretary to support rulemaking under this chapter; and

(2)

transfer 50 percent of such total amount to the account providing appropriations to the Secretary of Transportation for the administration of this chapter, which shall be used by the Secretary to carry out a program to make grants to manufacturers for retooling, reequipping, or expanding existing manufacturing facilities in the United States to produce advanced technology vehicles and components.

.

113.

Exemption from separate calculation requirement

(a)

Repeal

Paragraphs (6), (7), and (8) of section 32904(b) of title 49, United States Code, are repealed.

(b)

Effect of repeal on existing exemptions

Any exemption granted under section 32904(b)(6) of title 49, United States Code, prior to the date of the enactment of this Act shall remain in effect subject to its terms through model year 2013.

(c)

Accrual and use of credits

Any manufacturer holding an exemption under section 32904(b)(6) of title 49, United States Code, prior to the date of the enactment of this Act may accrue and use credits under sections 32903 and 32905 of such title begining with model year 2011.

B

Improved vehicle technology

131.

Transportation electrification

(a)

Definitions

In this section:

(1)

Administrator

The term Administrator means the Administrator of the Environmental Protection Agency.

(2)

Battery

The term battery means an electrochemical energy storage system powered directly by electrical current.

(3)

Electric transportation technology

The term electric transportation technology means—

(A)

technology used in vehicles that use an electric motor for all or part of the motive power of the vehicles, including battery electric, hybrid electric, plug-in hybrid electric, fuel cell, and plug-in fuel cell vehicles, or rail transportation; or

(B)

equipment relating to transportation or mobile sources of air pollution that use an electric motor to replace an internal combustion engine for all or part of the work of the equipment, including—

(i)

corded electric equipment linked to transportation or mobile sources of air pollution; and

(ii)

electrification technologies at airports, ports, truck stops, and material-handling facilities.

(4)

Nonroad vehicle

The term nonroad vehicle means a vehicle—

(A)

powered—

(i)

by a nonroad engine, as that term is defined in section 216 of the Clean Air Act (42 U.S.C. 7550); or

(ii)

fully or partially by an electric motor powered by a fuel cell, a battery, or an off-board source of electricity; and

(B)

that is not a motor vehicle or a vehicle used solely for competition.

(5)

Plug-in electric drive vehicle

The term plug-in electric drive vehicle means a vehicle that—

(A)

draws motive power from a battery with a capacity of at least 4 kilowatt-hours;

(B)

can be recharged from an external source of electricity for motive power; and

(C)

is a light-, medium-, or heavy-duty motor vehicle or nonroad vehicle (as those terms are defined in section 216 of the Clean Air Act (42 U.S.C. 7550)).

(6)

Qualified electric transportation project

The term qualified electric transportation project means an electric transportation technology project that would significantly reduce emissions of criteria pollutants, greenhouse gas emissions, and petroleum, including—

(A)

shipside or shoreside electrification for vessels;

(B)

truck-stop electrification;

(C)

electric truck refrigeration units;

(D)

battery powered auxiliary power units for trucks;

(E)

electric airport ground support equipment;

(F)

electric material and cargo handling equipment;

(G)

electric or dual-mode electric rail;

(H)

any distribution upgrades needed to supply electricity to the project; and

(I)

any ancillary infrastructure, including panel upgrades, battery chargers, in-situ transformers, and trenching.

(b)

Plug-in electric drive vehicle program

(1)

Establishment

The Secretary shall establish a competitive program to provide grants on a cost-shared basis to State governments, local governments, metropolitan transportation authorities, air pollution control districts, private or nonprofit entities, or combinations of those governments, authorities, districts, and entities, to carry out 1 or more projects to encourage the use of plug-in electric drive vehicles or other emerging electric vehicle technologies, as determined by the Secretary.

(2)

Administration

The Secretary shall, in consultation with the Secretary of Transportation and the Administrator, establish requirements for applications for grants under this section, including reporting of data to be summarized for dissemination to grantees and the public, including safety, vehicle, and component performance, and vehicle and component life cycle costs.

(3)

Priority

In making awards under this subsection, the Secretary shall—

(A)

give priority consideration to applications that—

(i)

encourage early widespread use of vehicles described in paragraph (1); and

(ii)

are likely to make a significant contribution to the advancement of the production of the vehicles in the United States; and

(B)

ensure, to the maximum extent practicable, that the program established under this subsection includes a variety of applications, manufacturers, and end-uses.

(4)

Reporting

The Secretary shall require a grant recipient under this subsection to submit to the Secretary, on an annual basis, data relating to safety, vehicle performance, life cycle costs, and emissions of vehicles demonstrated under the grant, including emissions of greenhouse gases.

(5)

Cost sharing

Section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352) shall apply to a grant made under this subsection.

(6)

Authorization of appropriations

There is authorized to be appropriated to carry out this subsection $90,000,000 for each of fiscal years 2008 through 2012, of which not less than 1/3 of the total amount appropriated shall be available each fiscal year to make grants to local and municipal governments.

(c)

Near-term transportation sector electrification program

(1)

In general

Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Transportation and the Administrator, shall establish a program to provide grants for the conduct of qualified electric transportation projects.

(2)

Priority

In providing grants under this subsection, the Secretary shall give priority to large-scale projects and large-scale aggregators of projects.

(3)

Cost sharing

Section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352) shall apply to a grant made under this subsection.

(4)

Authorization of appropriations

There is authorized to be appropriated to carry out this subsection $95,000,000 for each of fiscal years 2008 through 2013.

(d)

Education program

(1)

In general

The Secretary shall develop a nationwide electric drive transportation technology education program under which the Secretary shall provide—

(A)

teaching materials to secondary schools and high schools; and

(B)

assistance for programs relating to electric drive system and component engineering to institutions of higher education.

(2)

Electric vehicle competition

The program established under paragraph (1) shall include a plug-in hybrid electric vehicle competition for institutions of higher education, which shall be known as the Dr. Andrew Frank Plug-In Electric Vehicle Competition.

(3)

Engineers

In carrying out the program established under paragraph (1), the Secretary shall provide financial assistance to institutions of higher education to create new, or support existing, degree programs to ensure the availability of trained electrical and mechanical engineers with the skills necessary for the advancement of—

(A)

plug-in electric drive vehicles; and

(B)

other forms of electric drive transportation technology vehicles.

(4)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this subsection.

132.

Domestic manufacturing conversion grant program

Section 712 of the Energy Policy Act of 2005 (42 U.S.C. 16062) is amended to read as follows:

712.

Domestic manufacturing conversion grant program

(a)

Program

(1)

In general

The Secretary shall establish a program to encourage domestic production and sales of efficient hybrid and advanced diesel vehicles and components of those vehicles.

(2)

Inclusions

The program shall include grants to automobile manufacturers and suppliers and hybrid component manufacturers to encourage domestic production of efficient hybrid, plug-in electric hybrid, plug-in electric drive, and advanced diesel vehicles.

(3)

Priority

Priority shall be given to the refurbishment or retooling of manufacturing facilities that have recently ceased operation or will cease operation in the near future.

(b)

Coordination with State and local programs

The Secretary may coordinate implementation of this section with State and local programs designed to accomplish similar goals, including the retention and retraining of skilled workers from the manufacturing facilities, including by establishing matching grant arrangements.

(c)

Authorization of appropriations

There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section.

.

133.

Inclusion of electric drive in Energy Policy Act of 1992

Section 508 of the Energy Policy Act of 1992 (42 U.S.C. 13258) is amended—

(1)

by redesignating subsections (a) through (d) as subsections (b) through (e), respectively;

(2)

by inserting before subsection (b) the following:

(a)

Definitions

In this section:

(1)

Fuel cell electric vehicle

The term fuel cell electric vehicle means an on-road or nonroad vehicle that uses a fuel cell (as defined in section 803 of the Spark M. Matsunaga Hydrogen Act of 2005 (42 U.S.C. 16152)).

(2)

Hybrid electric vehicle

The term hybrid electric vehicle means a new qualified hybrid motor vehicle (as defined in section 30B(d)(3) of the Internal Revenue Code of 1986).

(3)

Medium- or heavy-duty electric vehicle

The term medium- or heavy-duty electric vehicle means an electric, hybrid electric, or plug-in hybrid electric vehicle with a gross vehicle weight of more than 8,501 pounds.

(4)

Neighborhood electric vehicle

The term neighborhood electric vehicle means a 4-wheeled on-road or nonroad vehicle that—

(A)

has a top attainable speed in 1 mile of more than 20 mph and not more than 25 mph on a paved level surface; and

(B)

is propelled by an electric motor and on-board, rechargeable energy storage system that is rechargeable using an off-board source of electricity.

(5)

Plug-in electric drive vehicle

The term plug-in electric drive vehicle means a vehicle that—

(A)

draws motive power from a battery with a capacity of at least 4 kilowatt-hours;

(B)

can be recharged from an external source of electricity for motive power; and

(C)

is a light-, medium-, or heavy duty motor vehicle or nonroad vehicle (as those terms are defined in section 216 of the Clean Air Act (42 U.S.C. 7550).

;

(3)

in subsection (b) (as redesignated by paragraph (1))—

(A)

by striking The Secretary and inserting the following:

(1)

Allocation

The Secretary

; and

(B)

by adding at the end the following:

(2)

Electric vehicles

Not later than January 31, 2009, the Secretary shall—

(A)

allocate credit in an amount to be determined by the Secretary for—

(i)

acquisition of—

(I)

a hybrid electric vehicle;

(II)

a plug-in electric drive vehicle;

(III)

a fuel cell electric vehicle;

(IV)

a neighborhood electric vehicle; or

(V)

a medium- or heavy-duty electric vehicle; and

(ii)

investment in qualified alternative fuel infrastructure or nonroad equipment, as determined by the Secretary; and

(B)

allocate more than 1, but not to exceed 5, credits for investment in an emerging technology relating to any vehicle described in subparagraph (A) to encourage—

(i)

a reduction in petroleum demand;

(ii)

technological advancement; and

(iii)

a reduction in vehicle emissions.

;

(4)

in subsection (c) (as redesignated by paragraph (1)), by striking subsection (a) and inserting subsection (b); and

(5)

by adding at the end the following:

(f)

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2008 through 2013.

.

134.

Loan guarantees for fuel-efficient automobile parts manufacturers

(a)

In general

Section 712(a)(2) of the Energy Policy Act of 2005 (42 U.S.C. 16062(a)(2)) (as amended by section 132) is amended by inserting and loan guarantees under section 1703 after grants.

(b)

Conforming amendment

Section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by striking paragraph (8) and inserting the following:

(8)

Production facilities for the manufacture of fuel efficient vehicles or parts of those vehicles, including electric drive vehicles and advanced diesel vehicles.

.

135.

Advanced battery loan guarantee program

(a)

Establishment of Program

The Secretary shall establish a program to provide guarantees of loans by private institutions for the construction of facilities for the manufacture of advanced vehicle batteries and battery systems that are developed and produced in the United States, including advanced lithium ion batteries and hybrid electrical system and component manufacturers and software designers.

(b)

Requirements

The Secretary may provide a loan guarantee under subsection (a) to an applicant if—

(1)

without a loan guarantee, credit is not available to the applicant under reasonable terms or conditions sufficient to finance the construction of a facility described in subsection (a);

(2)

the prospective earning power of the applicant and the character and value of the security pledged provide a reasonable assurance of repayment of the loan to be guaranteed in accordance with the terms of the loan; and

(3)

the loan bears interest at a rate determined by the Secretary to be reasonable, taking into account the current average yield on outstanding obligations of the United States with remaining periods of maturity comparable to the maturity of the loan.

(c)

Criteria

In selecting recipients of loan guarantees from among applicants, the Secretary shall give preference to proposals that—

(1)

meet all applicable Federal and State permitting requirements;

(2)

are most likely to be successful; and

(3)

are located in local markets that have the greatest need for the facility.

(d)

Maturity

A loan guaranteed under subsection (a) shall have a maturity of not more than 20 years.

(e)

Terms and Conditions

The loan agreement for a loan guaranteed under subsection (a) shall provide that no provision of the loan agreement may be amended or waived without the consent of the Secretary.

(f)

Assurance of Repayment

The Secretary shall require that an applicant for a loan guarantee under subsection (a) provide an assurance of repayment in the form of a performance bond, insurance, collateral, or other means acceptable to the Secretary in an amount equal to not less than 20 percent of the amount of the loan.

(g)

Guarantee Fee

The recipient of a loan guarantee under subsection (a) shall pay the Secretary an amount determined by the Secretary to be sufficient to cover the administrative costs of the Secretary relating to the loan guarantee.

(h)

Full Faith and Credit

The full faith and credit of the United States is pledged to the payment of all guarantees made under this section. Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the loan for the guarantee with respect to principal and interest. The validity of the guarantee shall be incontestable in the hands of a holder of the guaranteed loan.

(i)

Reports

Until each guaranteed loan under this section has been repaid in full, the Secretary shall annually submit to Congress a report on the activities of the Secretary under this section.

(j)

Authorization of Appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section.

(k)

Termination of Authority

The authority of the Secretary to issue a loan guarantee under subsection (a) terminates on the date that is 10 years after the date of enactment of this Act.

136.

Advanced technology vehicles manufacturing incentive program

(a)

Definitions

In this section:

(1)

Advanced technology vehicle

The term advanced technology vehicle means a light duty vehicle that meets—

(A)

the Bin 5 Tier II emission standard established in regulations issued by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act (42 U.S.C. 7521(i)), or a lower-numbered Bin emission standard;

(B)

any new emission standard in effect for fine particulate matter prescribed by the Administrator under that Act (42 U.S.C. 7401 et seq.); and

(C)

at least 125 percent of the average base year combined fuel economy for vehicles with substantially similar attributes.

(2)

Combined fuel economy

The term combined fuel economy means—

(A)

the combined city/highway miles per gallon values, as reported in accordance with section 32904 of title 49, United States Code; and

(B)

in the case of an electric drive vehicle with the ability to recharge from an off-board source, the reported mileage, as determined in a manner consistent with the Society of Automotive Engineers recommended practice for that configuration or a similar practice recommended by the Secretary.

(3)

Engineering integration costs

The term engineering integration costs includes the cost of engineering tasks relating to—

(A)

incorporating qualifying components into the design of advanced technology vehicles; and

(B)

designing tooling and equipment and developing manufacturing processes and material suppliers for production facilities that produce qualifying components or advanced technology vehicles.

(4)

Qualifying components

The term qualifying components means components that the Secretary determines to be—

(A)

designed for advanced technology vehicles; and

(B)

installed for the purpose of meeting the performance requirements of advanced technology vehicles.

(b)

Advanced vehicles manufacturing facility

The Secretary shall provide facility funding awards under this section to automobile manufacturers and component suppliers to pay not more than 30 percent of the cost of—

(1)

reequipping, expanding, or establishing a manufacturing facility in the United States to produce—

(A)

qualifying advanced technology vehicles; or

(B)

qualifying components; and

(2)

engineering integration performed in the United States of qualifying vehicles and qualifying components.

(c)

Period of availability

An award under subsection (b) shall apply to—

(1)

facilities and equipment placed in service before December 30, 2020; and

(2)

engineering integration costs incurred during the period beginning on the date of enactment of this Act and ending on December 30, 2020.

(d)

Direct loan program

(1)

In general

Not later than 1 year after the date of enactment of this Act, and subject to the availability of appropriated funds, the Secretary shall carry out a program to provide a total of not more than $25,000,000,000 in loans to eligible individuals and entities (as determined by the Secretary) for the costs of activities described in subsection (b).

(2)

Application

An applicant for a loan under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a written assurance that—

(A)

all laborers and mechanics employed by contractors or subcontractors during construction, alteration, or repair that is financed, in whole or in part, by a loan under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40, United States Code; and

(B)

the Secretary of Labor shall, with respect to the labor standards described in this paragraph, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40, United States Code.

(3)

Selection of eligible projects

The Secretary shall select eligible projects to receive loans under this subsection in cases in which, as determined by the Secretary, the award recipient—

(A)

is financially viable without the receipt of additional Federal funding associated with the proposed project;

(B)

will provide sufficient information to the Secretary for the Secretary to ensure that the qualified investment is expended efficiently and effectively; and

(C)

has met such other criteria as may be established and published by the Secretary.

(4)

Rates, terms, and repayment of loans

A loan provided under this subsection—

(A)

shall have an interest rate that, as of the date on which the loan is made, is equal to the cost of funds to the Department of the Treasury for obligations of comparable maturity;

(B)

shall have a term equal to the lesser of—

(i)

the projected life, in years, of the eligible project to be carried out using funds from the loan, as determined by the Secretary; and

(ii)

25 years;

(C)

may be subject to a deferral in repayment for not more than 5 years after the date on which the eligible project carried out using funds from the loan first begins operations, as determined by the Secretary; and

(D)

shall be made by the Federal Financing Bank.

(e)

Improvement

The Secretary shall issue regulations that require that, in order for an automobile manufacturer to be eligible for an award or loan under this section during a particular year, the adjusted average fuel economy of the manufacturer for light duty vehicles produced by the manufacturer during the most recent year for which data are available shall be not less than the average fuel economy for all light duty vehicles of the manufacturer for model year 2005. In order to determine fuel economy baselines for eligibility of a new manufacturer or a manufacturer that has not produced previously produced equivalent vehicles, the Secretary may substitute industry averages.

(f)

Fees

Administrative costs shall be no more than $100,000 or 10 basis point of the loan.

(g)

Priority

The Secretary shall, in making awards or loans to those manufacturers that have existing facilities, give priority to those facilities that are oldest or have been in existence for at least 20 years. Such facilities can currently be sitting idle.

(h)

Set aside for small automobile manufacturers and component suppliers

(1)

Definition of covered firm

In this subsection, the term covered firm means a firm that—

(A)

employs less than 500 individuals; and

(B)

manufactures automobiles or components of automobiles.

(2)

Set aside

Of the amount of funds that are used to provide awards for each fiscal year under subsection (b), the Secretary shall use not less than 10 percent to provide awards to covered firms or consortia led by a covered firm.

(i)

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2008 through 2012.

C

Federal vehicle fleets

141.

Federal vehicle fleets

Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 13212) is amended—

(1)

by redesignating subsection (f) as subsection (g); and

(2)

by inserting after subsection (e) the following new subsection:

(f)

Vehicle emission requirements

(1)

Definitions

In this subsection:

(A)

Federal agency

The term Federal agency does not include any office of the legislative branch, except that it does include the House of Representatives with respect to an acquisition described in paragraph (2)(C).

(B)

Medium duty passenger vehicle

The term medium duty passenger vehicle has the meaning given that term section 523.2 of title 49 of the Code of Federal Regulations, as in effect on the date of enactment of this paragraph.

(C)

Member’s Representational Allowance

The term Member’s Representational Allowance means the allowance described in section 101(a) of the House of Representatives Administrative Reform Technical Corrections Act (2 U.S.C. 57b(a)).

(2)

Prohibition

(A)

In general

Except as provided in subparagraph (B), no Federal agency shall acquire a light duty motor vehicle or medium duty passenger vehicle that is not a low greenhouse gas emitting vehicle.

(B)

Exception

The prohibition in subparagraph (A) shall not apply to acquisition of a vehicle if the head of the agency certifies in writing, in a separate certification for each individual vehicle purchased, either—

(i)

that no low greenhouse gas emitting vehicle is available to meet the functional needs of the agency and details in writing the functional needs that could not be met with a low greenhouse gas emitting vehicle; or

(ii)

that the agency has taken specific alternative more cost-effective measures to reduce petroleum consumption that—

(I)

have reduced a measured and verified quantity of greenhouse gas emissions equal to or greater than the quantity of greenhouse gas reductions that would have been achieved through acquisition of a low greenhouse gas emitting vehicle over the lifetime of the vehicle; or

(II)

will reduce each year a measured and verified quantity of greenhouse gas emissions equal to or greater than the quantity of greenhouse gas reductions that would have been achieved each year through acquisition of a low greenhouse gas emitting vehicle.

(C)

Special rule for vehicles provided by funds contained in members’ representational allowance

This paragraph shall apply to the acquisition of a light duty motor vehicle or medium duty passenger vehicle using any portion of a Member’s Representational Allowance, including an acquisition under a long-term lease.

(3)

Guidance

(A)

In general

Each year, the Administrator of the Environmental Protection Agency shall issue guidance identifying the makes and model numbers of vehicles that are low greenhouse gas emitting vehicles.

(B)

Consideration

In identifying vehicles under subparagraph (A), the Administrator shall take into account the most stringent standards for vehicle greenhouse gas emissions applicable to and enforceable against motor vehicle manufacturers for vehicles sold anywhere in the United States.

(C)

Requirement

The Administrator shall not identify any vehicle as a low greenhouse gas emitting vehicle if the vehicle emits greenhouse gases at a higher rate than such standards allow for the manufacturer’s fleet average grams per mile of carbon dioxide-equivalent emissions for that class of vehicle, taking into account any emissions allowances and adjustment factors such standards provide.

.

142.

Federal fleet conservation requirements

Part J of title III of the Energy Policy and Conservation Act (42 U.S.C. 6374 et seq.) is amended by adding at the end the following:

400FF.

Federal fleet conservation requirements

(a)

Mandatory reduction in petroleum consumption

(1)

In general

Not later than 18 months after the date of enactment of this section, the Secretary shall issue regulations for Federal fleets subject to section 400AA to require that, beginning in fiscal year 2010, each Federal agency shall reduce petroleum consumption and increase alternative fuel consumption each year by an amount necessary to meet the goals described in paragraph (2).

(2)

Goals

The goals of the requirements under paragraph (1) are that not later than October 1, 2015, and for each year thereafter, each Federal agency shall achieve at least a 20 percent reduction in annual petroleum consumption and a 10 percent increase in annual alternative fuel consumption, as calculated from the baseline established by the Secretary for fiscal year 2005.

(3)

Milestones

The Secretary shall include in the regulations described in paragraph (1)—

(A)

interim numeric milestones to assess annual agency progress towards accomplishing the goals described in that paragraph; and

(B)

a requirement that agencies annually report on progress towards meeting each of the milestones and the 2015 goals.

(b)

Plan

(1)

Requirement

(A)

In general

The regulations under subsection (a) shall require each Federal agency to develop a plan, and implement the measures specified in the plan by dates specified in the plan, to meet the required petroleum reduction levels and the alternative fuel consumption increases, including the milestones specified by the Secretary.

(B)

Inclusions

The plan shall—

(i)

identify the specific measures the agency will use to meet the requirements of subsection (a)(2); and

(ii)

quantify the reductions in petroleum consumption or increases in alternative fuel consumption projected to be achieved by each measure each year.

(2)

Measures

The plan may allow an agency to meet the required petroleum reduction level through—

(A)

the use of alternative fuels;

(B)

the acquisition of vehicles with higher fuel economy, including hybrid vehicles, neighborhood electric vehicles, electric vehicles, and plug-in hybrid vehicles if the vehicles are commercially available;

(C)

the substitution of cars for light trucks;

(D)

an increase in vehicle load factors;

(E)

a decrease in vehicle miles traveled;

(F)

a decrease in fleet size; and

(G)

other measures.

.

II

Energy security through increased production of biofuels

A

Renewable fuel standard

201.

Definitions

Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)) is amended to read as follows:

(1)

Definitions

In this section:

(A)

Additional renewable fuel

The term additional renewable fuel means fuel that is produced from renewable biomass and that is used to replace or reduce the quantity of fossil fuel present in home heating oil or jet fuel.

(B)

Advanced biofuel

(i)

In general

The term advanced biofuel means renewable fuel, other than ethanol derived from corn starch, that has lifecycle greenhouse gas emissions, as determined by the Administrator, after notice and opportunity for comment, that are at least 50 percent less than baseline lifecycle greenhouse gas emissions.

(ii)

Inclusions

The types of fuels eligible for consideration as advanced biofuel may include any of the following:

(I)

Ethanol derived from cellulose, hemicellulose, or lignin.

(II)

Ethanol derived from sugar or starch (other than corn starch).

(III)

Ethanol derived from waste material, including crop residue, other vegetative waste material, animal waste, and food waste and yard waste.

(IV)

Biomass-based diesel.

(V)

Biogas (including landfill gas and sewage waste treatment gas) produced through the conversion of organic matter from renewable biomass.

(VI)

Butanol or other alcohols produced through the conversion of organic matter from renewable biomass.

(VII)

Other fuel derived from cellulosic biomass.

(C)

Baseline lifecycle greenhouse gas emissions

The term baseline lifecycle greenhouse gas emissions means the average lifecycle greenhouse gas emissions, as determined by the Administrator, after notice and opportunity for comment, for gasoline or diesel (whichever is being replaced by the renewable fuel) sold or distributed as transportation fuel in 2005.

(D)

Biomass-based diesel

The term biomass-based diesel means renewable fuel that is biodiesel as defined in section 312(f) of the Energy Policy Act of 1992 (42 U.S.C. 13220(f)) and that has lifecycle greenhouse gas emissions, as determined by the Administrator, after notice and opportunity for comment, that are at least 50 percent less than the baseline lifecycle greenhouse gas emissions. Notwithstanding the preceding sentence, renewable fuel derived from co-processing biomass with a petroleum feedstock shall be advanced biofuel if it meets the requirements of subparagraph (B), but is not biomass-based diesel.

(E)

Cellulosic biofuel

The term cellulosic biofuel means renewable fuel derived from any cellulose, hemicellulose, or lignin that is derived from renewable biomass and that has lifecycle greenhouse gas emissions, as determined by the Administrator, that are at least 60 percent less than the baseline lifecycle greenhouse gas emissions.

(F)

Conventional biofuel

The term conventional biofuel means renewable fuel that is ethanol derived from corn starch.

(G)

Greenhouse gas

The term greenhouse gas means carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, sulfur hexafluoride. The Administrator may include any other anthropogenically-emitted gas that is determined by the Administrator, after notice and comment, to contribute to global warming.

(H)

Lifecycle greenhouse gas emissions

The term ‘lifecycle greenhouse gas emissions’ means the aggregate quantity of greenhouse gas emissions (including direct emissions and significant indirect emissions such as significant emissions from land use changes), as determined by the Administrator, related to the full fuel lifecycle, including all stages of fuel and feedstock production and distribution, from feedstock generation or extraction through the distribution and delivery and use of the finished fuel to the ultimate consumer, where the mass values for all greenhouse gases are adjusted to account for their relative global warming potential.

(I)

Renewable biomass

The term renewable biomass means each of the following:

(i)

Planted crops and crop residue harvested from agricultural land cleared or cultivated at any time prior to the enactment of this sentence that is either actively managed or fallow, and nonforested.

(ii)

Planted trees and tree residue from actively managed tree plantations on non-federal land cleared at any time prior to enactment of this sentence, including land belonging to an Indian tribe or an Indian individual, that is held in trust by the United States or subject to a restriction against alienation imposed by the United States.

(iii)

Animal waste material and animal byproducts.

(iv)

Slash and pre-commercial thinnings that are from non-federal forestlands, including forestlands belonging to an Indian tribe or an Indian individual, that are held in trust by the United States or subject to a restriction against alienation imposed by the United States, but not forests or forestlands that are ecological communities with a global or State ranking of critically imperiled, imperiled, or rare pursuant to a State Natural Heritage Program, old growth forest, or late successional forest.

(v)

Biomass obtained from the immediate vicinity of buildings and other areas regularly occupied by people, or of public infrastructure, at risk from wildfire.

(vi)

Algae.

(vii)

Separated yard waste or food waste, including recycled cooking and trap grease.

(J)

Renewable fuel

The term renewable fuel means fuel that is produced from renewable biomass and that is used to replace or reduce the quantity of fossil fuel present in a transportation fuel.

(K)

Small refinery

The term small refinery means a refinery for which the average aggregate daily crude oil throughput for a calendar year (as determined by dividing the aggregate throughput for the calendar year by the number of days in the calendar year) does not exceed 75,000 barrels.

(L)

Transportation fuel

The term transportation fuel means fuel for use in motor vehicles, motor vehicle engines, nonroad vehicles, or nonroad engines (except for ocean-going vessels).

.

202.

Renewable fuel standard

(a)

Renewable fuel program

Paragraph (2) of section 211(o) (42 U.S.C. 7545(o)(2)) of the Clean Air Act is amended as follows:

(1)

Regulations

Clause (i) of subparagraph (A) is amended by adding the following at the end thereof: Not later than 1 year after the date of enactment of this sentence, the Administrator shall revise the regulations under this paragraph to ensure that transportation fuel sold or introduced into commerce in the United States (except in noncontiguous States or territories), on an annual average basis, contains at least the applicable volume of renewable fuel, advanced biofuel, cellulosic biofuel, and biomass-based diesel, determined in accordance with subparagraph (B) and, in the case of any such renewable fuel produced from new facilities that commence construction after the date of enactment of this sentence, achieves at least a 20 percent reduction in lifecycle greenhouse gas emissions compared to baseline lifecycle greenhouse gas emissions..

(2)

Applicable volumes of renewable fuel

Subparagraph (B) is amended to read as follows:

(B)

Applicable volumes

(i)

Calendar years after 2005

(I)

Renewable fuel

For the purpose of subparagraph (A), the applicable volume of renewable fuel for the calendar years 2006 through 2022 shall be determined in accordance with the following table:

Applicable volume of
renewable fuel
Calendar year:(in billions of gallons):
20064.0
20074.7
20089.0
200911.1
201012.95
201113.95
201215.2
201316.55
201418.15
201520.5
201622.25
201724.0
201826.0
201928.0
202030.0
202133.0
202236.0.
(II)

Advanced biofuel

For the purpose of subparagraph (A), of the volume of renewable fuel required under subclause (I), the applicable volume of advanced biofuel for the calendar years 2009 through 2022 shall be determined in accordance with the following table:

Applicable volume of
advanced biofuel
Calendar year:(in billions of gallons):
20090.6
20100.95
20111.35
20122.0
20132.75
20143.75
20155.5
20167.25
20179.0
201811.0
201913.0
202015.0
202118.0
202221.0.
(III)

Cellulosic biofuel

For the purpose of subparagraph (A), of the volume of advanced biofuel required under subclause (II), the applicable volume of cellulosic biofuel for the calendar years 2010 through 2022 shall be determined in accordance with the following table:

Applicable volume of
cellulosic biofuel
Calendar year:(in billions of gallons):
20100.1
20110.25
20120.5
20131.0
20141.75
20153.0
20164.25
20175.5
20187.0
20198.5
202010.5
202113.5
202216.0.
(IV)

Biomass-based diesel

For the purpose of subparagraph (A), of the volume of advanced biofuel required under subclause (II), the applicable volume of biomass-based diesel for the calendar years 2009 through 2012 shall be determined in accordance with the following table:

Applicable volume of
biomass-based diesel
Calendar year:(in billions of gallons):
20090.5
20100.65
20110.80
20121.0.
(ii)

Other calendar years

For the purposes of subparagraph (A), the applicable volumes of each fuel specified in the tables in clause (i) for calendar years after the calendar years specified in the tables shall be determined by the Administrator, in coordination with the Secretary of Energy and the Secretary of Agriculture, based on a review of the implementation of the program during calendar years specified in the tables, and an analysis of—

(I)

the impact of the production and use of renewable fuels on the environment, including on air quality, climate change, conversion of wet lands, eco-systems, wildlife habitat, water quality, and water supply;

(II)

the impact of renewable fuels on the energy security of the United States;

(III)

the expected annual rate of future commercial production of renewable fuels, including advanced biofuels in each category (cellulosic biofuel and biomass-based diesel);

(IV)

the impact of renewable fuels on the infrastructure of the United States, including deliverability of materials, goods, and products other than renewable fuel, and the sufficiency of infrastructure to deliver and use renewable fuel;

(V)

the impact of the use of renewable fuels on the cost to consumers of transportation fuel and on the cost to transport goods; and

(VI)

the impact of the use of renewable fuels on other factors, including job creation, the price and supply of agricultural commodities, rural economic development, and food prices.

The Administrator shall promulgate rules establishing the applicable volumes under this clause no later than 14 months before the first year for which such applicable volume will apply.
(iii)

Applicable volume of advanced biofuel

For the purpose of making the determinations in clause (ii), for each calendar year, the applicable volume of advanced biofuel shall be at least the same percentage of the applicable volume of renewable fuel as in calendar year 2022.

(iv)

Applicable volume of cellulosic biofuel

For the purpose of making the determinations in clause (ii), for each calendar year, the applicable volume of cellulosic biofuel established by the Administrator shall be based on the assumption that the Administrator will not need to issue a waiver for such years under paragraph (7)(D).

(v)

Minimum applicable volume of biomass-based diesel

For the purpose of making the determinations in clause (ii), the applicable volume of biomass-based diesel shall not be less than the applicable volume listed in clause (i)(IV) for calendar year 2012.

.

(b)

Applicable percentages

Paragraph (3) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(3)) is amended as follows:

(1)

In subparagraph (A), by striking 2011 and inserting 2021..

(2)

In subparagraph (A), by striking gasoline and inserting transportation fuel, biomass-based diesel, and cellulosic biofuel .

(3)

In subparagraph (B), by striking 2012 and inserting 2021 in clause (ii)(I).

(4)

In subparagraph (B), by striking gasoline” and inserting “transportation fuel” in clause (ii)(II).

(c)

Modification of greenhouse gas percentages

Paragraph (4) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(4)) is amended to read as follows:

(4)

Modification of greenhouse gas reduction percentages

(A)

In general

The Administrator may, in the regulations under the last sentence of paragraph (2)(A)(i), adjust the 20 percent, 50 percent, and 60 percent reductions in lifecycle greenhouse gas emissions specified in paragraphs (2)(A)(i)(relating to renewable fuel), (1)(D) (relating to biomass-based diesel), (1)(B)(i)(relating to advanced biofuel), and (1)(E) (relating to cellulosic biofuel) to a lower percentage. For the 50 and 60 percent reductions, the Administrator may make such an adjustment only if he determines that generally such reduction is not commercially feasible for fuels made using a variety of feedstocks, technologies, and processes to meet the applicable reduction.

(B)

Amount of adjustment

In promulgating regulations under this paragraph, the specified 50 percent reduction in greenhouse gas emissions from advanced biofuel and in biomass-based diesel may not be reduced below 40 percent. The specified 20 percent reduction in greenhouse gas emissions from renewable fuel may not be reduced below 10 percent, and the specified 60 percent reduction in greenhouse gas emissions from cellulosic biofuel may not be reduced below 50 percent.

(C)

Adjusted reduction levels

An adjustment under this paragraph to a percent less than the specified 20 percent greenhouse gas reduction for renewable fuel shall be the minimum possible adjustment, and the adjusted greenhouse gas reduction shall be established by the Administrator at the maximum achievable level, taking cost in consideration, for natural gas fired corn-based ethanol plants, allowing for the use of a variety of technologies and processes. An adjustment in the 50 or 60 percent greenhouse gas levels shall be the minimum possible adjustment for the fuel or fuels concerned, and the adjusted greenhouse gas reduction shall be established at the maximum achievable level, taking cost in consideration, allowing for the use of a variety of feedstocks, technologies, and processes.

(D)

5-year review

Whenever the Administrator makes any adjustment under this paragraph, not later than 5 years thereafter he shall review and revise (based upon the same criteria and standards as required for the initial adjustment) the regulations establishing the adjusted level.

(E)

Subsequent adjustments

After the Administrator has promulgated a final rule under the last sentence of paragraph (2)(A)(i) with respect to the method of determining lifecycle greenhouse gas emissions, except as provided in subparagraph (D), the Administrator may not adjust the percent greenhouse gas reduction levels unless he determines that there has been a significant change in the analytical methodology used for determining the lifecycle greenhouse gas emissions. If he makes such determination, he may adjust the 20, 50, or 60 percent reduction levels through rulemaking using the criteria and standards set forth in this paragraph.

(F)

Limit on upward adjustments

If, under subparagraph (D) or (E), the Administrator revises a percent level adjusted as provided in subparagraph (A), (B), and (C) to a higher percent, such higher percent may not exceed the applicable percent specified in paragraph (2)(A)(i), (1)(D),(1)(B)(i), or (1)(E).

(G)

Applicability of adjustments

If the Administrator adjusts, or revises, a percent level referred to in this paragraph or makes a change in the analytical methodology used for determining the lifecycle greenhouse gas emissions, such adjustment, revision, or change (or any combination thereof) shall only apply to renewable fuel from new facilities that commence construction after the effective date of such adjustment, revision, or change.

.

(d)

Credits for additional renewable fuel

Paragraph (5) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(5)) is amended by adding the following new subparagraph at the end thereof:

(E)

Credits for additional renewable fuel

The Administrator may issue regulations providing (i) for the generation of an appropriate amount of credits by any person that refines, blends, or imports additional renewable fuels specified by the Administrator and (ii) for the use of such credits by the generator, or the transfer of all or a portion of the credits to another person, for the purpose of complying with paragraph (2).

.

(e)

Waivers

(1)

In general

Paragraph (7)(A) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)(A)) is amended by inserting , by any person subject to the requirements of this subsection, or by the Administrator on his own motion after one or more States in subparagraph (A) and by striking out State in subparagraph (B).

(2)

Cellulosic biofuel

Paragraph (7) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by adding the following at the end thereof:

(D)

Cellulosic biofuel

(i)

For any calendar year for which the projected volume of cellulosic biofuel production is less than the minimum applicable volume established under paragraph (2)(B), as determined by the Administrator based on the estimate provided under paragraph (3)(A), not later than November 30 of the preceding calendar year, the Administrator shall reduce the applicable volume of cellulosic biofuel required under paragraph (2)(B) to the projected volume available during that calendar year. For any calendar year in which the Administrator makes such a reduction, the Administrator may also reduce the applicable volume of renewable fuel and advanced biofuels requirement established under paragraph (2)(B) by the same or a lesser volume.

(ii)

Whenever the Administrator reduces the minimum cellulosic biofuel volume under this subparagraph, the Administrator shall make available for sale cellulosic biofuel credits at the higher of $0.25 per gallon or the amount by which $3.00 per gallon exceeds the average wholesale price of a gallon of gasoline in the United States. Such amounts shall be adjusted for inflation by the Administrator for years after 2008.

(iii)

18 months after date of enactment of this subparagraph, the Administrator shall promulgate regulations to govern the issuance of credits under this subparagraph. The regulations shall set forth the method for determining the exact price of credits in the event of a waiver. The price of such credits shall not be changed more frequently than once each quarter. These regulations shall include such provisions, including limiting the credits’ uses and useful life, as the Administrator deems appropriate to assist market liquidity and transparency, to provide appropriate certainty for regulated entities and renewable fuel producers, and to limit any potential misuse of cellulosic biofuel credits to reduce the use of other renewable fuels, and for such other purposes as the Administrator determines will help achieve the goals of this subsection. The regulations shall limit the number of cellulosic biofuel credits for any calendar year to the minimum applicable volume (as reduced under this subparagraph) of cellulosic biofuel for that year.

.

(3)

Biomass-based diesel

Paragraph (7) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by adding the following at the end thereof:

(E)

Biomass-based diesel

(i)

Market evaluation

The Administrator, in consultation with the Secretary of Energy and the Secretary of Agriculture, shall periodically evaluate the impact of the biomass-based diesel requirements established under this paragraph on the price of diesel fuel.

(ii)

Waiver

If the Administrator determines that there is a significant renewable feedstock disruption or other market circumstances that would make the price of biomass-based diesel fuel increase significantly, the Administrator, in consultation with the Secretary of Energy and the Secretary of Agriculture, shall issue an order to reduce, for up to a 60-day period, the quantity of biomass-based diesel required under subparagraph (A) by an appropriate quantity that does not exceed 15 percent of the applicable annual requirement for biomass-based diesel. For any calendar year in which the Administrator makes a reduction under this subparagraph, the Administrator may also reduce the applicable volume of renewable fuel and advanced biofuels requirement established under paragraph (2)(B) by the same or a lesser volume.

(iii)

Extensions

If the Administrator determines that the feedstock disruption or circumstances described in clause (ii) is continuing beyond the 60-day period described in clause (ii) or this clause, the Administrator, in consultation with the Secretary of Energy and the Secretary of Agriculture, may issue an order to reduce, for up to an additional 60-day period, the quantity of biomass-based diesel required under subparagraph (A) by an appropriate quantity that does not exceed an additional 15 percent of the applicable annual requirement for biomass-based diesel.

(F)

Modification of applicable volumes

For any of the tables in paragraph (2)(B), if the Administrator waives—

(i)

at least 20 percent of the applicable volume requirement set forth in any such table for 2 consecutive years; or

(ii)

at least 50 percent of such volume requirement for a single year,

the Administrator shall promulgate a rule (within one year after issuing such waiver) that modifies the applicable volumes set forth in the table concerned for all years following the final year to which the waiver applies, except that no such modification in applicable volumes shall be made for any year before 2016. In promulgating such a rule, the Administrator shall comply with the processes, criteria, and standards set forth in paragraph (2)(B)(ii).

.

203.

Study of impact of Renewable Fuel Standard

(a)

In general

The Secretary of Energy, in consultation with the Secretary of Agriculture and the Administrator of the Environmental Protection Agency, shall enter into an arrangement with the National Academy of Sciences under which the Academy shall conduct a study to assess the impact of the requirements described in section 211(o) of the Clean Air Act on each industry relating to the production of feed grains, livestock, food, forest products, and energy.

(b)

Participation

In conducting the study under this section, the National Academy of Sciences shall seek the participation, and consider the input, of—

(1)

producers of feed grains;

(2)

producers of livestock, poultry, and pork products;

(3)

producers of food and food products;

(4)

producers of energy;

(5)

individuals and entities interested in issues relating to conservation, the environment, and nutrition;

(6)

users and consumer of renewable fuels;

(7)

producers and users of biomass feedstocks; and

(8)

land grant universities.

(c)

Considerations

In conducting the study, the National Academy of Sciences shall consider—

(1)

the likely impact on domestic animal agriculture feedstocks that, in any crop year, are significantly below current projections;

(2)

policy options to alleviate the impact on domestic animal agriculture feedstocks that are significantly below current projections; and

(3)

policy options to maintain regional agricultural and silvicultural capability.

(d)

Components

The study shall include—

(1)

a description of the conditions under which the requirements described in section 211(o) of the Clean Air Act should be suspended or reduced to prevent adverse impacts to domestic animal agriculture feedstocks described in subsection (c)(2) or regional agricultural and silvicultural capability described in subsection (c)(3); and

(2)

recommendations for the means by which the Federal Government could prevent or minimize adverse economic hardships and impacts.

(e)

Deadline for completion of study

Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the results of the study under this section.

(f)

Periodic reviews

Section 211(o) of the Clean Air Act is amended by adding the following at the end thereof:

(12)

Periodic reviews

To allow for the appropriate adjustment of the requirements described in subparagraph (B) of paragraph (2), the Administrator shall conduct periodic reviews of—

(A)

existing technologies;

(B)

the feasibility of achieving compliance with the requirements; and

(C)

the impacts of the requirements described in subsection (a)(2) on each individual and entity described in paragraph (2).

.

204.

Environmental and resource conservation impacts

(a)

In general

Not later than 3 years after the enactment of this section and every 3 years thereafter, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Agriculture and the Secretary of Energy, shall assess and report to Congress on the impacts to date and likely future impacts of the requirements of section 211(o) of the Clean Air Act on the following:

(1)

Environmental issues, including air quality, effects on hypoxia, pesticides, sediment, nutrient and pathogen levels in waters, acreage and function of waters, and soil environmental quality.

(2)

Resource conservation issues, including soil conservation, water availability, and ecosystem health and biodiversity, including impacts on forests, grasslands, and wetlands.

(3)

The growth and use of cultivated invasive or noxious plants and their impacts on the environment and agriculture.

In advance of preparing the report required by this subsection, the Administrator may seek the views of the National Academy of Sciences or another appropriate independent research institute. The report shall include the annual volume of imported renewable fuels and feedstocks for renewable fuels, and the environmental impacts outside the United States of producing such fuels and feedstocks. The report required by this subsection shall include recommendations for actions to address any adverse impacts found.
(b)

Effect on air quality and other environmental requirements

Except as provided in section 211(o)(13) of the Clean Air Act, nothing in the amendments made by this title to section 211(o) of the Clean Air Act shall be construed as superseding, or limiting, any more environmentally protective requirement under the Clean Air Act, or under any other provision of State or Federal law or regulation, including any environmental law or regulation.

205.

Biomass based diesel and biodiesel labeling

(a)

In general

Each retail diesel fuel pump shall be labeled in a manner that informs consumers of the percent of biomass-based diesel or biodiesel that is contained in the biomass-based diesel blend or biodiesel blend that is offered for sale, as determined by the Federal Trade Commission.

(b)

Labeling requirements

Not later than 180 days after the date of enactment of this section, the Federal Trade Commission shall promulgate biodiesel labeling requirements as follows:

(1)

Biomass-based diesel blends or biodiesel blends that contain less than or equal to 5 percent biomass-based diesel or biodiesel by volume and that meet ASTM D975 diesel specifications shall not require any additional labels.

(2)

Biomass based diesel blends or biodiesel blends that contain more than 5 percent biomass-based diesel or biodiesel by volume but not more than 20 percent by volume shall be labeled contains biomass-based diesel or biodiesel in quantities between 5 percent and 20 percent.

(3)

Biomass-based diesel or biodiesel blends that contain more than 20 percent biomass based or biodiesel by volume shall be labeled contains more than 20 percent biomass-based diesel or biodiesel.

(c)

Definitions

In this section:

(1)

Astm

The term ASTM means the American Society of Testing and Materials.

(2)

Biomass-based diesel

The term biomass-based diesel means biodiesel as defined in section 312(f) of the Energy Policy Act of 1992 (42 U.S.C. 13220(f)).

(3)

Biodiesel

The term biodiesel means the monoalkyl esters of long chain fatty acids derived from plant or animal matter that meet—

(A)

the registration requirements for fuels and fuel additives under this section; and

(B)

the requirements of ASTM standard D6751.

(4)

Biomass-based diesel and biodiesel blends

The terms biomass-based diesel blend and biodiesel blend means a blend of biomass-based diesel or biodiesel fuel that is blended with petroleum based diesel fuel.

206.

Study of credits for use of renewable electricity in electric vehicles

(a)

Definition of electric vehicle

In this section, the term electric vehicle means an electric motor vehicle (as defined in section 601 of the Energy Policy Act of 1992 (42 U.S.C. 13271)) for which the rechargeable storage battery—

(1)

receives a charge directly from a source of electric current that is external to the vehicle; and

(2)

provides a minimum of 80 percent of the motive power of the vehicle.

(b)

Study

The Administrator of the Environmental Protection Agency shall conduct a study on the feasibility of issuing credits under the program established under section 211(o) of the Clean Air Act to electric vehicles powered by electricity produced from renewable energy sources.

(c)

Report

Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Energy and Commerce of the United States House of Representatives a report that describes the results of the study, including a description of—

(1)

existing programs and studies on the use of renewable electricity as a means of powering electric vehicles; and

(2)

alternatives for—

(A)

designing a pilot program to determine the feasibility of using renewable electricity to power electric vehicles as an adjunct to a renewable fuels mandate;

(B)

allowing the use, under the pilot program designed under subparagraph (A), of electricity generated from nuclear energy as an additional source of supply;

(C)

identifying the source of electricity used to power electric vehicles; and

(D)

equating specific quantities of electricity to quantities of renewable fuel under section 211(o) of the Clean Air Act.

207.

Grants for production of advanced biofuels

(a)

In general

The Secretary of Energy shall establish a grant program to encourage the production of advanced biofuels.

(b)

Requirements and priority

In making grants under this section, the Secretary—

(1)

shall make awards to the proposals for advanced biofuels with the greatest reduction in lifecycle greenhouse gas emissions compared to the comparable motor vehicle fuel lifecycle emissions during calendar year 2005; and

(2)

shall not make an award to a project that does not achieve at least a 80 percent reduction in such lifecycle greenhouse gas emissions.

(c)

Authorization of appropriations

There is authorized to be appropriated to carry out this section $500,000,000 for the period of fiscal years 2008 through 2015.

208.

Integrated consideration of water quality in determinations on fuels and fuel additives

Section 211(c)(1) of the Clean Air Act (42 U.S.C. 7545(c)(1)) is amended as follows:

(1)

By striking nonroad vehicle (A) if in the judgment of the Administrator and inserting nonroad vehicle if, in the judgment of the Administrator, any fuel or fuel additive or; and

(2)

In subparagraph (A), by striking air pollution which and inserting air pollution or water pollution (including any degradation in the quality of groundwater) that.

209.

Anti-backsliding

Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by adding at the end the following:

(v)

Prevention of air quality deterioration

(1)

Study

(A)

In general

Not later than 18 months after the date of enactment of this subsection, the Administrator shall complete a study to determine whether the renewable fuel volumes required by this section will adversely impact air quality as a result of changes in vehicle and engine emissions of air pollutants regulated under this Act.

(B)

Considerations

The study shall include consideration of—

(i)

different blend levels, types of renewable fuels, and available vehicle technologies; and

(ii)

appropriate national, regional, and local air quality control measures.

(2)

Regulations

Not later than 3 years after the date of enactment of this subsection, the Administrator shall—

(A)

promulgate fuel regulations to implement appropriate measures to mitigate, to the greatest extent achievable, considering the results of the study under paragraph (1), any adverse impacts on air quality, as the result of the renewable volumes required by this section; or

(B)

make a determination that no such measures are necessary.

.

210.

Effective date, savings provision, and transition rules

(a)

Transition rules

(1)

For calendar year 2008, transportation fuel sold or introduced into commerce in the United States (except in noncontiguous States or territories), that is produced from facilities that commence construction after the date of enactment of this Act shall be treated as renewable fuel within the meaning of section 211(o) of the Clean Air Act only if it achieves at least a 20 percent reduction in lifecycle greenhouse gas emissions compared to baseline lifecycle greenhouse gas emissions. For calendar years 2008 and 2009, any ethanol plant that is fired with natural gas, biomass, or any combination thereof is deemed to be in compliance with such 20 percent reduction requirement and with the 20 percent reduction requirement of section 211(o)(1) of the Clean Air Act. The terms used in this subsection shall have the same meaning as provided in the amendment made by this Act to section 211(o) of the Clean Air Act.

(2)

Until January 1, 2009, the Administrator of the Environmental Protection Agency shall implement section 211(o) of the Clean Air Act and the rules promulgated under that section in accordance with the provisions of that section as in effect before the enactment of this Act and in accordance with the rules promulgated before the enactment of this Act, except that for calendar year 2008, the number 8.5 shall be substituted for the number 5.4 in the table in section 211(o)(2)(B) and in the corresponding rules promulgated to carry out those provisions. The Administrator is authorized to take such other actions as may be necessary to carry out this paragraph notwithstanding any other provision of law.

(b)

Savings clause

Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended by adding the following new paragraph at the end thereof:

(13)

Effect on other provisions

Nothing in this subsection, or regulations issued pursuant to this subsection, shall affect or be construed to affect the regulatory status of carbon dioxide or any other greenhouse gas, or to expand or limit regulatory authority regarding carbon dioxide or any other greenhouse gas, for purposes of other provisions (including section 165) of this Act. The previous sentence shall not affect implementation and enforcement of this subsection.

.

(c)

Effective date

The amendments made by this title to section 211(o) of the Clean Air Act shall take effect January 1, 2009, except that the Administrator shall promulgate regulations to carry out such amendments not later than one year after the enactment of this Act.

B

Biofuels research and development

221.

Biodiesel

(a)

Biodiesel study

Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall submit to Congress a report on any research and development challenges inherent in increasing the proportion of diesel fuel sold in the United States that is biodiesel.

(b)

Material for the establishment of standards

The Director of the National Institute of Standards and Technology, in consultation with the Secretary, shall make publicly available the physical property data and characterization of biodiesel and other biofuels as appropriate.

222.

Biogas

Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall submit to Congress a report on any research and development challenges inherent in increasing the amount of transportation fuels sold in the United States that are fuel with biogas or a blend of biogas and natural gas.

223.

Grants for biofuel production research and development in certain States

(a)

In general

The Secretary shall provide grants to eligible entities for research, development, demonstration, and commercial application of biofuel production technologies in States with low rates of ethanol production, including low rates of production of cellulosic biomass ethanol, as determined by the Secretary.

(b)

Eligibility

To be eligible to receive a grant under this section, an entity shall—

(1)
(A)

be an institution of higher education (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)), including tribally controlled colleges or universities, located in a State described in subsection (a); or

(B)

be a consortium including at least 1 such institution of higher education, and industry, State agencies, Indian tribal agencies, National Laboratories, or local government agencies located in the State; and

(2)

have proven experience and capabilities with relevant technologies.

(c)

Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out this section $25,000,000 for each of fiscal years 2008 through 2010.

224.

Biorefinery energy efficiency

Section 932 of Energy Policy Act of 2005 (42 U.S.C. 16232) is amended by adding at the end the following new subsections:

(g)

Biorefinery energy efficiency

The Secretary shall establish a program of research, development, demonstration, and commercial application for increasing energy efficiency and reducing energy consumption in the operation of biorefinery facilities.

(h)

Retrofit Technologies for the Development of Ethanol from Cellulosic Materials

The Secretary shall establish a program of research, development, demonstration, and commercial application on technologies and processes to enable biorefineries that exclusively use corn grain or corn starch as a feedstock to produce ethanol to be retrofitted to accept a range of biomass, including lignocellulosic feedstocks.

.

225.

Study of optimization of flexible fueled vehicles to use E–85 fuel

(a)

In General

The Secretary, in consultation with the Secretary of Transportation and the Administrator of the Environmental Protection Agency, shall conduct a study of whether optimizing flexible fueled vehicles to operate using E–85 fuel would increase the fuel efficiency of flexible fueled vehicles.

(b)

Report

Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Science and Technology and the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Commerce, Science, and Transportation of the Senate, a report that describes the results of the study under this section, including any recommendations of the Secretary.

226.

Study of engine durability and performance associated with the use of biodiesel

(a)

In general

Not later than 30 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall initiate a study on the effects of the use of biodiesel on the performance and durability of engines and engine systems.

(b)

Components

The study under this section shall include—

(1)

an assessment of whether the use of biodiesel lessens the durability and performance of conventional diesel engines and engine systems; and

(2)

an assessment of the effects referred to in subsection (a) with respect to biodiesel blends at varying concentrations, including the following percentage concentrations of biodiesel:

(A)

5 percent biodiesel.

(B)

10 percent biodiesel.

(C)

20 percent biodiesel.

(D)

30 percent biodiesel.

(E)

100 percent biodiesel.

(c)

Report

Not later than 24 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Science and Technology and the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Energy and Natural Resources and the Committee on Environment and Public Works of the Senate, a report that describes the results of the study under this section, including any recommendations of the Secretary.

227.

Study of optimization of biogas used in natural gas vehicles

(a)

In general

The Secretary, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Transportation, shall conduct a study of methods of increasing the fuel efficiency of vehicles using biogas by optimizing natural gas vehicle systems that can operate on biogas, including the advancement of vehicle fuel systems and the combination of hybrid-electric and plug-in hybrid electric drive platforms with natural gas vehicle systems using biogas.

(b)

Report

Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Commerce, Science, and Transportation of the Senate, and to the Committee on Science and Technology and the Committee on Energy and Commerce of the House of Representatives, a report that describes the results of the study, including any recommendations of the Secretary.

228.

Algal biomass

(a)

In general

Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Science and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the progress of the research and development that is being conducted on the use of algae as a feedstock for the production of biofuels.

(b)

Contents

The report shall identify continuing research and development challenges and any regulatory or other barriers found by the Secretary that hinder the use of this resource, as well as recommendations on how to encourage and further its development as a viable transportation fuel.

229.

Biofuels and biorefinery information center

(a)

In general

The Secretary, in cooperation with the Secretary of Agriculture, shall establish a biofuels and biorefinery information center to make available to interested parties information on—

(1)

renewable fuel feedstocks, including the varieties of fuel capable of being produced from various feedstocks;

(2)

biorefinery processing techniques related to various renewable fuel feedstocks;

(3)

the distribution, blending, storage, and retail dispensing infrastructure necessary for the transport and use of renewable fuels;

(4)

Federal and State laws and incentives related to renewable fuel production and use;

(5)

renewable fuel research and development advancements;

(6)

renewable fuel development and biorefinery processes and technologies;

(7)

renewable fuel resources, including information on programs and incentives for renewable fuels;

(8)

renewable fuel producers;

(9)

renewable fuel users; and

(10)

potential renewable fuel users.

(b)

Administration

In administering the biofuels and biorefinery information center, the Secretary shall—

(1)

continually update information provided by the center;

(2)

make information available relating to processes and technologies for renewable fuel production;

(3)

make information available to interested parties on the process for establishing a biorefinery; and

(4)

make information and assistance provided by the center available through a toll-free telephone number and website.

(c)

Coordination and nonduplication

To maximum extent practicable, the Secretary shall ensure that the activities under this section are coordinated with, and do not duplicate the efforts of, centers at other government agencies.

(d)

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section.

230.

Cellulosic ethanol and biofuels research

(a)

Definition of eligible entity

In this section, the term eligible entity means—

(1)

an 1890 Institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7061));

(2)

a part B institution (as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061)) (commonly referred to as Historically Black Colleges and Universities);

(3)

a tribal college or university (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)); or

(4)

a Hispanic-serving institution (as defined in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)).

(b)

Grants

The Secretary shall make cellulosic ethanol and biofuels research and development grants to 10 eligible entities selected by the Secretary to receive a grant under this section through a peer-reviewed competitive process.

(c)

Collaboration

An eligible entity that is selected to receive a grant under subsection (b) shall collaborate with 1 of the Bioenergy Research Centers of the Office of Science of the Department.

(d)

Authorization of appropriations

There is authorized to be appropriated to the Secretary to make grants described in subsection (b) $50,000,000 for fiscal year 2008, to remain available until expended.

231.

Bioenergy research and development, authorization of appropriation

Section 931 of the Energy Policy Act of 2005 (42 U.S.C. 16231) is amended—

(1)

in subsection (b)—

(A)

in paragraph (2), by striking and at the end;

(B)

in paragraph (3), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(4)

$963,000,000 for fiscal year 2010.

; and

(2)

in subsection (c)—

(A)

in paragraph (2)—

(i)

by striking $251,000,000 and inserting $377,000,000; and

(ii)

by striking and at the end;

(B)

in paragraph (3)—

(i)

by striking $274,000,000 and inserting $398,000,000; and

(ii)

by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(4)

$419,000,000 for fiscal year 2010, of which $150,000,000 shall be for section 932(d).

.

232.

Environmental research and development

(a)

In general

Section 977 of the Energy Policy Act of 2005 (42 U.S.C. 16317) is amended—

(1)

in subsection (a)(1), by striking and computational biology and inserting computational biology, and environmental science; and

(2)

in subsection (b)—

(A)

in paragraph (1), by inserting in sustainable production systems that reduce greenhouse gas emissions after hydrogen;

(B)

in paragraph (3), by striking and at the end;

(C)

by redesignating paragraph (4) as paragraph (5); and

(D)

by inserting after paragraph (3) the following:

(4)

develop cellulosic and other feedstocks that are less resource and land intensive and that promote sustainable use of resources, including soil, water, energy, forests, and land, and ensure protection of air, water, and soil quality; and

.

(b)

Tools and evaluation

Section 307(d) of the Biomass Research and Development Act of 2000 (7 U.S.C. 8606(d)) is amended—

(1)

in paragraph (3)(E), by striking and at the end;

(2)

in paragraph (4), by striking the period at the end and inserting a semicolon; and

(3)

by adding at the end the following:

(5)

the improvement and development of analytical tools to facilitate the analysis of life-cycle energy and greenhouse gas emissions, including emissions related to direct and indirect land use changes, attributable to all potential biofuel feedstocks and production processes; and

(6)

the systematic evaluation of the impact of expanded biofuel production on the environment, including forest lands, and on the food supply for humans and animals.

.

(c)

Small-scale production and use of biofuels

Section 307(e) of the Biomass Research and Development Act of 2000 (7 U.S.C. 8606(e)) is amended—

(1)

in paragraph (2), by striking and at the end;

(2)

in paragraph (3), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following:

(4)

to facilitate small-scale production, local, and on-farm use of biofuels, including the development of small-scale gasification technologies for production of biofuel from cellulosic feedstocks.

.

233.

Bioenergy research centers

Section 977 of the Energy Policy Act of 2005 (42 U.S.C. 16317) is amended by adding at the end the following:

(f)

Bioenergy research centers

(1)

Establishment of centers

In carrying out the program under subsection (a), the Secretary shall establish at least 7 bioenergy research centers, which may be of varying size.

(2)

Geographic distribution

The Secretary shall establish at least 1 bioenergy research center in each Petroleum Administration for Defense District or Subdistrict of a Petroleum Administration for Defense District.

(3)

Goals

The goals of the centers established under this subsection shall be to accelerate basic transformational research and development of biofuels, including biological processes.

(4)

Selection and duration

(A)

In general

A center under this subsection shall be selected on a competitive basis for a period of 5 years.

(B)

Reapplication

After the end of the period described in subparagraph (A), a grantee may reapply for selection on a competitive basis.

(5)

Inclusion

A center that is in existence on the date of enactment of this subsection—

(A)

shall be counted towards the requirement for establishment of at least 7 bioenergy research centers; and

(B)

may continue to receive support for a period of 5 years beginning on the date of establishment of the center.

.

234.

University based research and development grant program

(a)

Establishment

The Secretary shall establish a competitive grant program, in a geographically diverse manner, for projects submitted for consideration by institutions of higher education to conduct research and development of renewable energy technologies. Each grant made shall not exceed $2,000,000.

(b)

Eligibility

Priority shall be given to institutions of higher education with—

(1)

established programs of research in renewable energy;

(2)

locations that are low income or outside of an urbanized area;

(3)

a joint venture with an Indian tribe; and

(4)

proximity to trees dying of disease or insect infestation as a source of woody biomass.

(c)

Authorization of appropriations

There are authorized to be appropriated to the Secretary $25,000,000 for carrying out this section.

(d)

Definitions

In this section:

(1)

Indian tribe

The term Indian tribe has the meaning as defined in section 126(c) of the Energy Policy Act of 2005.

(2)

Renewable energy

The term renewable energy has the meaning as defined in section 902 of the Energy Policy Act of 2005.

(3)

Urbanized area

The term urbanized area has the mean as defined by the U.S. Bureau of the Census.

C

Biofuels infrastructure

241.

Prohibition on franchise agreement restrictions related to renewable fuel infrastructure

(a)

In general

Title I of the Petroleum Marketing Practices Act (15 U.S.C. 2801 et seq.) is amended by adding at the end the following:

107.

Prohibition on restriction of installation of renewable fuel pumps

(a)

Definition

In this section:

(1)

Renewable fuel

The term renewable fuel means any fuel—

(A)

at least 85 percent of the volume of which consists of ethanol; or

(B)

any mixture of biodiesel and diesel or renewable diesel (as defined in regulations adopted pursuant to section 211(o) of the Clean Air Act (40 CFR, Part 80)), determined without regard to any use of kerosene and containing at least 20 percent biodiesel or renewable diesel.

(2)

Franchise-related document

The term franchise-related document means—

(A)

a franchise under this Act; and

(B)

any other contract or directive of a franchisor relating to terms or conditions of the sale of fuel by a franchisee.

(b)

Prohibitions

(1)

In general

No franchise-related document entered into or renewed on or after the date of enactment of this section shall contain any provision allowing a franchisor to restrict the franchisee or any affiliate of the franchisee from—

(A)

installing on the marketing premises of the franchisee a renewable fuel pump or tank, except that the franchisee’s franchisor may restrict the installation of a tank on leased marketing premises of such franchisor;

(B)

converting an existing tank or pump on the marketing premises of the franchisee for renewable fuel use, so long as such tank or pump and the piping connecting them are either warranted by the manufacturer or certified by a recognized standards setting organization to be suitable for use with such renewable fuel;

(C)

advertising (including through the use of signage) the sale of any renewable fuel;

(D)

selling renewable fuel in any specified area on the marketing premises of the franchisee (including any area in which a name or logo of a franchisor or any other entity appears);

(E)

purchasing renewable fuel from sources other than the franchisor if the franchisor does not offer its own renewable fuel for sale by the franchisee;

(F)

listing renewable fuel availability or prices, including on service station signs, fuel dispensers, or light poles; or

(G)

allowing for payment of renewable fuel with a credit card,

so long as such activities described in subparagraphs (A) through (G) do not constitute mislabeling, misbranding, willful adulteration, or other trademark violations by the franchisee.
(2)

Effect of provision

Nothing in this section shall be construed to preclude a franchisor from requiring the franchisee to obtain reasonable indemnification and insurance policies.

(c)

Exception to 3-grade requirement

No franchise-related document that requires that 3 grades of gasoline be sold by the applicable franchisee shall prevent the franchisee from selling an renewable fuel in lieu of 1, and only 1, grade of gasoline.

.

(b)

Enforcement

Section 105 of the Petroleum Marketing Practices Act (15 U.S.C. 2805) is amended by striking 102 or 103 each place it appears and inserting 102, 103, or 107.

(c)

Conforming amendments

(1)

In general

Section 101(13) of the Petroleum Marketing Practices Act (15 U.S.C. 2801(13)) is amended by aligning the margin of subparagraph (C) with subparagraph (B).

(2)

Table of contents

The table of contents of the Petroleum Marketing Practices Act (15 U.S.C. 2801 note) is amended—

(A)

by inserting after the item relating to section 106 the following:

Sec. 107. Prohibition on restriction of installation of renewable fuel pumps.

; and

(B)

by striking the item relating to section 202 and inserting the following:

Sec. 202. Automotive fuel rating testing and disclosure requirements.

.

242.

Renewable fuel dispenser requirements

(a)

Market Penetration Reports

The Secretary, in consultation with the Secretary of Transportation, shall determine and report to Congress annually on the market penetration for flexible-fuel vehicles in use within geographic regions to be established by the Secretary.

(b)

Dispenser feasibility study

Not later than 24 months after the date of enactment of this Act, the Secretary, in consultation with the Department of Transportation, shall report to the Congress on the feasibility of requiring motor fuel retailers to install E–85 compatible dispensers and related systems at retail fuel facilities in regions where flexible-fuel vehicle market penetration has reached 15 percent of motor vehicles. In conducting such study, the Secretary shall consider and report on the following factors:

(1)

The commercial availability of E–85 fuel and the number of competing E–85 wholesale suppliers in a given region.

(2)

The level of financial assistance provided on an annual basis by the Federal Government, State governments, and nonprofit entities for the installation of E–85 compatible infrastructure.

(3)

The number of retailers whose retail locations are unable to support more than 2 underground storage tank dispensers.

(4)

The expense incurred by retailers in the installation and sale of E–85 compatible dispensers and related systems and any potential effects on the price of motor vehicle fuel.

243.

Ethanol pipeline feasibility study

(a)

In general

The Secretary, in coordination with the Secretary of Transportation, shall conduct a study of the feasibility of the construction of pipelines dedicated to the transportation of ethanol.

(b)

Factors for consideration

In conducting the study under subsection (a), the Secretary shall take into consideration—

(1)

the quantity of ethanol production that would make dedicated pipelines economically viable;

(2)

existing or potential barriers to the construction of pipelines dedicated to the transportation of ethanol, including technical, siting, financing, and regulatory barriers;

(3)

market risk (including throughput risk) and means of mitigating the risk;

(4)

regulatory, financing, and siting options that would mitigate the risk and help ensure the construction of 1 or more pipelines dedicated to the transportation of ethanol;

(5)

financial incentives that may be necessary for the construction of pipelines dedicated to the transportation of ethanol, including the return on equity that sponsors of the initial dedicated ethanol pipelines will require to invest in the pipelines;

(6)

technical factors that may compromise the safe transportation of ethanol in pipelines, including identification of remedial and preventive measures to ensure pipeline integrity; and

(7)

such other factors as the Secretary considers to be appropriate.

(c)

Report

Not later than 15 months after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the study conducted under this section.

(d)

Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out this section $1,000,000 for each of fiscal years 2008 and 2009, to remain available until expended.

244.

Renewable fuel infrastructure grants

(a)

Definition of renewable fuel blend

For purposes of this section, the term renewable fuel blend means gasoline blend that contain not less than 11 percent, and not more than 85 percent, renewable fuel or diesel fuel that contains at least 10 percent renewable fuel.

(b)

Infrastructure development grants

(1)

Establishment

The Secretary shall establish a program for making grants for providing assistance to retail and wholesale motor fuel dealers or other entities for the installation, replacement, or conversion of motor fuel storage and dispensing infrastructure to be used exclusively to store and dispense renewable fuel blends.

(2)

Selection criteria

Not later than 12 months after the date of enactment of this Act, the Secretary shall establish criteria for evaluating applications for grants under this subsection that will maximize the availability and use of renewable fuel blends, and that will ensure that renewable fuel blends are available across the country. Such criteria shall provide for—

(A)

consideration of the public demand for each renewable fuel blend in a particular geographic area based on State registration records showing the number of flexible-fuel vehicles;

(B)

consideration of the opportunity to create or expand corridors of renewable fuel blend stations along interstate or State highways;

(C)

consideration of the experience of each applicant with previous, similar projects;

(D)

consideration of population, number of flexible-fuel vehicles, number of retail fuel outlets, and saturation of flexible-fuel vehicles; and

(E)

priority consideration to applications that—

(i)

are most likely to maximize displacement of petroleum consumption, measured as a total quantity and a percentage;

(ii)

are best able to incorporate existing infrastructure while maximizing, to the extent practicable, the use of renewable fuel blends; and

(iii)

demonstrate the greatest commitment on the part of the applicant to ensure funding for the proposed project and the greatest likelihood that the project will be maintained or expanded after Federal assistance under this subsection is completed.

(3)

Limitations

Assistance provided under this subsection shall not exceed—

(A)

33 percent of the estimated cost of the installation, replacement, or conversion of motor fuel storage and dispensing infrastructure; or

(B)

$180,000 for a combination of equipment at any one retail outlet location.

(4)

Operation of renewable fuel blend stations

The Secretary shall establish rules that set forth requirements for grant recipients under this section that include providing to the public the renewable fuel blends, establishing a marketing plan that informs consumers of the price and availability of the renewable fuel blends, clearly labeling the dispensers and related equipment, and providing periodic reports on the status of the renewable fuel blend sales, the type and amount of the renewable fuel blends dispensed at each location, and the average price of such fuel.

(5)

Notification requirements

Not later than the date on which each renewable fuel blend station begins to offer renewable fuel blends to the public, the grant recipient that used grant funds to construct or upgrade such station shall notify the Secretary of such opening. The Secretary shall add each new renewable fuel blend station to the renewable fuel blend station locator on its Website when it receives notification under this subsection.

(6)

Double counting

No person that receives a credit under section 30C of the Internal Revenue Code of 1986 may receive assistance under this section.

(7)

Reservation of funds

The Secretary shall reserve funds appropriated for the renewable fuel blends infrastructure development grant program for technical and marketing assistance described in subsection (c).

(c)

Retail technical and marketing assistance

The Secretary shall enter into contracts with entities with demonstrated experience in assisting retail fueling stations in installing refueling systems and marketing renewable fuel blends nationally, for the provision of technical and marketing assistance to recipients of grants under this section. Such assistance shall include—

(1)

technical advice for compliance with applicable Federal and State environmental requirements;

(2)

help in identifying supply sources and securing long-term contracts; and

(3)

provision of public outreach, education, and labeling materials.

(d)

Refueling infrastructure corridors

(1)

In General

The Secretary shall establish a competitive grant pilot program (referred to in this subsection as the pilot program), to be administered through the Vehicle Technology Deployment Program of the Department, to provide not more than 10 geographically-dispersed project grants to State governments, Indian tribal governments, local governments, metropolitan transportation authorities, or partnerships of those entities to carry out 1 or more projects for the purposes described in paragraph (2).

(2)

Grant Purposes

A grant under this subsection shall be used for the establishment of refueling infrastructure corridors, as designated by the Secretary, for renewable fuel blends, including—

(A)

installation of infrastructure and equipment necessary to ensure adequate distribution of renewable fuel blends within the corridor;

(B)

installation of infrastructure and equipment necessary to directly support vehicles powered by renewable fuel blends; and

(C)

operation and maintenance of infrastructure and equipment installed as part of a project funded by the grant.

(3)

Applications

(A)

Requirements

(i)

In general

Subject to clause (ii), not later than 90 days after the date of enactment of this Act, the Secretary shall issue requirements for use in applying for grants under the pilot program.

(ii)

Minimum requirements

At a minimum, the Secretary shall require that an application for a grant under this subsection—

(I)

be submitted by—

(aa)

the head of a State, tribal, or local government or a metropolitan transportation authority, or any combination of those entities; and

(bb)

a registered participant in the Vehicle Technology Deployment Program of the Department; and

(II)

include—

(aa)

a description of the project proposed in the application, including the ways in which the project meets the requirements of this subsection;

(bb)

an estimate of the degree of use of the project, including the estimated size of fleet of vehicles operated with renewable fuels blend available within the geographic region of the corridor, measured as a total quantity and a percentage;

(cc)

an estimate of the potential petroleum displaced as a result of the project (measured as a total quantity and a percentage), and a plan to collect and disseminate petroleum displacement and other relevant data relating to the project to be funded under the grant, over the expected life of the project;

(dd)

a description of the means by which the project will be sustainable without Federal assistance after the completion of the term of the grant;

(ee)

a complete description of the costs of the project, including acquisition, construction, operation, and maintenance costs over the expected life of the project; and

(ff)

a description of which costs of the project will be supported by Federal assistance under this subsection.

(B)

Partners

An applicant under subparagraph (A) may carry out a project under the pilot program in partnership with public and private entities.

(4)

Selection Criteria

In evaluating applications under the pilot program, the Secretary shall—

(A)

consider the experience of each applicant with previous, similar projects; and

(B)

give priority consideration to applications that—

(i)

are most likely to maximize displacement of petroleum consumption, measured as a total quantity and a percentage;

(ii)

are best able to incorporate existing infrastructure while maximizing, to the extent practicable, the use of advanced biofuels;

(iii)

demonstrate the greatest commitment on the part of the applicant to ensure funding for the proposed project and the greatest likelihood that the project will be maintained or expanded after Federal assistance under this subsection is completed;

(iv)

represent a partnership of public and private entities; and

(v)

exceed the minimum requirements of paragraph (3)(A)(ii).

(5)

Pilot Project Requirements

(A)

Maximum amount

The Secretary shall provide not more than $20,000,000 in Federal assistance under the pilot program to any applicant.

(B)

Cost sharing

The non-Federal share of the cost of any activity relating to renewable fuel blend infrastructure development carried out using funds from a grant under this subsection shall be not less than 20 percent.

(C)

Maximum period of grants

The Secretary shall not provide funds to any applicant under the pilot program for more than 2 years.

(D)

Deployment and distribution

The Secretary shall seek, to the maximum extent practicable, to ensure a broad geographic distribution of project sites funded by grants under this subsection.

(E)

Transfer of information and knowledge

The Secretary shall establish mechanisms to ensure that the information and knowledge gained by participants in the pilot program are transferred among the pilot program participants and to other interested parties, including other applicants that submitted applications.

(6)

Schedule

(A)

Initial grants

(i)

In general

Not later than 90 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register, Commerce Business Daily, and such other publications as the Secretary considers to be appropriate, a notice and request for applications to carry out projects under the pilot program.

(ii)

Deadline

An application described in clause (i) shall be submitted to the Secretary by not later than 180 days after the date of publication of the notice under that clause.

(iii)

Initial selection

Not later than 90 days after the date by which applications for grants are due under clause (ii), the Secretary shall select by competitive, peer-reviewed proposal up to 5 applications for projects to be awarded a grant under the pilot program.

(B)

Additional grants

(i)

In general

Not later than 2 years after the date of enactment of this Act, the Secretary shall publish in the Federal Register, Commerce Business Daily, and such other publications as the Secretary considers to be appropriate, a notice and request for additional applications to carry out projects under the pilot program that incorporate the information and knowledge obtained through the implementation of the first round of projects authorized under the pilot program.

(ii)

Deadline

An application described in clause (i) shall be submitted to the Secretary by not later than 180 days after the date of publication of the notice under that clause.

(iii)

Initial selection

Not later than 90 days after the date by which applications for grants are due under clause (ii), the Secretary shall select by competitive, peer-reviewed proposal such additional applications for projects to be awarded a grant under the pilot program as the Secretary determines to be appropriate.

(7)

Reports to Congress

(A)

Initial report

Not later than 60 days after the date on which grants are awarded under this subsection, the Secretary shall submit to Congress a report containing—

(i)

an identification of the grant recipients and a description of the projects to be funded under the pilot program;

(ii)

an identification of other applicants that submitted applications for the pilot program but to which funding was not provided; and

(iii)

a description of the mechanisms used by the Secretary to ensure that the information and knowledge gained by participants in the pilot program are transferred among the pilot program participants and to other interested parties, including other applicants that submitted applications.

(B)

Evaluation

Not later than 2 years after the date of enactment of this Act, and annually thereafter until the termination of the pilot program, the Secretary shall submit to Congress a report containing an evaluation of the effectiveness of the pilot program, including an assessment of the petroleum displacement and benefits to the environment derived from the projects included in the pilot program.

(e)

Restriction

No grant shall be provided under subsection (b) or (c) to a large, vertically integrated oil company.

(f)

Authorization of appropriations

There are authorized to be appropriated to the Secretary for carrying out this section $200,000,000 for each of the fiscal years 2008 through 2014.

245.

Study of the adequacy of transportation of domestically-produced renewable fuel by railroads and other modes of transportation

(a)

Study

(1)

In general

The Secretary, in coordination with the Secretary of Transportation, shall jointly conduct a study of the adequacy of transportation of domestically-produced renewable fuels by railroad and other modes of transportation as designated by the Secretaries.

(2)

Components

In conducting the study under paragraph (1), the Secretaries shall—

(A)

consider the adequacy of existing railroad and other transportation and distribution infrastructure, equipment, service and capacity to move the necessary quantities of domestically-produced renewable fuel within the timeframes;

(B)
(i)

consider the projected costs of moving the domestically-produced renewable fuel by railroad and other modes transportation; and

(ii)

consider the impact of the projected costs on the marketability of the domestically-produced renewable fuel;

(C)

identify current and potential impediments to the reliable transportation and distribution of adequate supplies of domestically-produced renewable fuel at reasonable prices, including practices currently utilized by domestic producers, shippers, and receivers of renewable fuels;

(D)

consider whether adequate competition exists within and between modes of transportation for the transportation and distribution of domestically-produced renewable fuel and, whether inadequate competition leads to an unfair price for the transportation and distribution of domestically-produced renewable fuel or unacceptable service for transportation of domestically-produced renewable fuel;

(E)

consider whether Federal agencies have adequate legal authority to address instances of inadequate competition when inadequate competition is found to prevent domestic producers for renewable fuels from obtaining a fair and reasonable transportation price or acceptable service for the transportation and distribution of domestically-produced renewable fuels;

(F)

consider whether Federal agencies have adequate legal authority to address railroad and transportation service problems that may be resulting in inadequate supplies of domestically-produced renewable fuel in any area of the United States;

(G)

consider what transportation infrastructure capital expenditures may be necessary to ensure the reliable transportation of adequate supplies of domestically-produced renewable fuel at reasonable prices within the United States and which public and private entities should be responsible for making such expenditures; and

(H)

provide recommendations on ways to facilitate the reliable transportation of adequate supplies of domestically-produced renewable fuel at reasonable prices.

(b)

Report

Not later than 180 days after the date of enactment of this Act, the Secretaries shall jointly submit to the Committee on Commerce, Science and Transportation, the Committee on Energy and Natural Resources, and the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives a report that describes the results of the study conducted under subsection (a).

246.

Federal fleet fueling centers

(a)

In general

Not later than January 1, 2010, the head of each Federal agency shall install at least 1 renewable fuel pump at each Federal fleet fueling center in the United States under the jurisdiction of the head of the Federal agency.

(b)

Report

Not later than October 31 of the first calendar year beginning after the date of the enactment of this Act, and each October 31 thereafter, the President shall submit to Congress a report that describes the progress toward complying with subsection (a), including identifying—

(1)

the number of Federal fleet fueling centers that contain at least 1 renewable fuel pump; and

(2)

the number of Federal fleet fueling centers that do not contain any renewable fuel pumps.

(c)

Department of Defense facility

This section shall not apply to a Department of Defense fueling center with a fuel turnover rate of less than 100,000 gallons of fuel per year.

(d)

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section.

247.

Standard specifications for biodiesel

Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by redesignating subsection (s) as subsection (t), redesignating subsection (r) (relating to conversion assistance for cellulosic biomass, waste-derived ethanol, approved renewable fuels) as subsection (s) and by adding the following new subsection at the end thereof:

(u)

Standard specifications for biodiesel

(1)

Unless the American Society for Testing and Materials has adopted a standard for diesel fuel containing 20 percent biodiesel (commonly known as B20) within 1 year after the date of enactment of this subsection, the Administrator shall initiate a rulemaking to establish a uniform per gallon fuel standard for such fuel and designate an identification number so that vehicle manufacturers are able to design engines to use fuel meeting such standard.

(2)

Unless the American Society for Testing and Materials has adopted a standard for diesel fuel containing 5 percent biodiesel (commonly known as B5) within 1 year after the date of enactment of this subsection, the Administrator shall initiate a rulemaking to establish a uniform per gallon fuel standard for such fuel and designate an identification so that vehicle manufacturers are able to design engines to use fuel meeting such standard.

(3)

Whenever the Administrator is required to initiate a rulemaking under paragraph (1) or (2), the Administrator shall promulgate a final rule within 18 months after the date of the enactment of this subsection.

(4)

Not later than 180 days after the enactment of this subsection, the Administrator shall establish an annual inspection and enforcement program to ensure that diesel fuel containing biodiesel sold or distributed in interstate commerce meets the standards established under regulations under this section, including testing and certification for compliance with applicable standards of the American Society for Testing and Materials. There are authorized to be appropriated to carry out the inspection and enforcement program under this paragraph $3,000,000 for each of fiscal years 2008 through 2010.

(5)

For purposes of this subsection, the term biodiesel has the meaning provided by section 312(f) of Energy Policy Act of 1992 (42 U.S.C. 13220(f)).

.

248.

Biofuels distribution and advanced biofuels infrastructure

(a)

In general

The Secretary, in coordination with the Secretary of Transportation and in consultation with the Administrator of the Environmental Protection Agency, shall carry out a program of research, development, and demonstration relating to existing transportation fuel distribution infrastructure and new alternative distribution infrastructure.

(b)

Focus

The program described in subsection (a) shall focus on the physical and chemical properties of biofuels and efforts to prevent or mitigate against adverse impacts of those properties in the areas of—

(1)

corrosion of metal, plastic, rubber, cork, fiberglass, glues, or any other material used in pipes and storage tanks;

(2)

dissolving of storage tank sediments;

(3)

clogging of filters;

(4)

contamination from water or other adulterants or pollutants;

(5)

poor flow properties related to low temperatures;

(6)

oxidative and thermal instability in long-term storage and uses;

(7)

microbial contamination;

(8)

problems associated with electrical conductivity; and

(9)

such other areas as the Secretary considers appropriate.

D

Environmental safeguards

251.

Waiver for fuel or fuel additives

Section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)) is amended to read as follows:

(4)

The Administrator, upon application of any manufacturer of any fuel or fuel additive, may waive the prohibitions established under paragraph (1) or (3) of this subsection or the limitation specified in paragraph (2) of this subsection, if he determines that the applicant has established that such fuel or fuel additive or a specified concentration thereof, and the emission products of such fuel or fuel additive or specified concentration thereof, will not cause or contribute to a failure of any emission control device or system (over the useful life of the motor vehicle, motor vehicle engine, nonroad engine or nonroad vehicle in which such device or system is used) to achieve compliance by the vehicle or engine with the emission standards with respect to which it has been certified pursuant to sections 206 and 213(a). The Administrator shall take final action to grant or deny an application submitted under this paragraph, after public notice and comment, within 270 days of the receipt of such an application.

.

III

Energy savings through improved standards for appliance and lighting

A

Appliance energy efficiency

301.

External power supply efficiency standards

(a)

Definitions

Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) is amended—

(1)

in paragraph (36)—

(A)

by striking (36) The and inserting the following:

(36)

External power supply

(A)

In general

The

; and

(B)

by adding at the end the following:

(B)

Active mode

The term active mode means the mode of operation when an external power supply is connected to the main electricity supply and the output is connected to a load.

(C)

Class A external power supply

(i)

In general

The term class A external power supply means a device that—

(I)

is designed to convert line voltage AC input into lower voltage AC or DC output;

(II)

is able to convert to only 1 AC or DC output voltage at a time;

(III)

is sold with, or intended to be used with, a separate end-use product that constitutes the primary load;

(IV)

is contained in a separate physical enclosure from the end-use product;

(V)

is connected to the end-use product via a removable or hard-wired male/female electrical connection, cable, cord, or other wiring; and

(VI)

has nameplate output power that is less than or equal to 250 watts.

(ii)

Exclusions

The term class A external power supply does not include any device that—

(I)

requires Federal Food and Drug Administration listing and approval as a medical device in accordance with section 513 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c); or

(II)

powers the charger of a detachable battery pack or charges the battery of a product that is fully or primarily motor operated.

(D)

No-load mode

The term no-load mode means the mode of operation when an external power supply is connected to the main electricity supply and the output is not connected to a load.

; and

(2)

by adding at the end the following:

(52)

Detachable battery

The term detachable battery means a battery that is—

(A)

contained in a separate enclosure from the product; and

(B)

intended to be removed or disconnected from the product for recharging.

.

(b)

Test procedures

Section 323(b) of the Energy Policy and Conservation Act (42 U.S.C. 6293(b)) is amended by adding at the end the following:

(17)

Class A external power supplies

Test procedures for class A external power supplies shall be based on the Test Method for Calculating the Energy Efficiency of Single-Voltage External AC–DC and AC–AC Power Supplies published by the Environmental Protection Agency on August 11, 2004, except that the test voltage specified in section 4(d) of that test method shall be only 115 volts, 60 Hz.

.

(c)

Efficiency standards for class A external power supplies

Section 325(u) of the Energy Policy and Conservation Act (42 U.S.C. 6295(u)) is amended by adding at the end the following:

(6)

Efficiency standards for class A external power supplies

(A)

In general

Subject to subparagraphs (B) through (D), a class A external power supply manufactured on or after the later of July 1, 2008, or the date of enactment of this paragraph shall meet the following standards:

Active Mode
Nameplate OutputRequired Efficiency
(decimal equivalent of a
percentage)
Less than 1 watt0.5 times the Nameplate Output
From 1 watt
to not more than 51 watts
The sum of 0.09 times
the Natural Logarithm of the
Nameplate Output and 0.5
Greater than 51 watts0.85
No-Load Mode
Nameplate OutputMaximum Consumption
Not more than 250 watts 0.5 watts
(B)

Noncovered supplies

A class A external power supply shall not be subject to subparagraph (A) if the class A external power supply is—

(i)

manufactured during the period beginning on July 1, 2008, and ending on June 30, 2015; and

(ii)

made available by the manufacturer as a service part or a spare part for an end-use product—

(I)

that constitutes the primary load; and

(II)

was manufactured before July 1, 2008.

(C)

Marking

Any class A external power supply manufactured on or after the later of July 1, 2008 or the date of enactment of this paragraph shall be clearly and permanently marked in accordance with the External Power Supply International Efficiency Marking Protocol, as referenced in the Energy Star Program Requirements for Single Voltage External AC-DC and AC-AC Power Supplies, version 1.1 published by the Environmental Protection Agency.

(D)

Amendment of standards

(i)

Final rule by July 1, 2011

(I)

In general

Not later than July 1, 2011, the Secretary shall publish a final rule to determine whether the standards established under subparagraph (A) should be amended.

(II)

Administration

The final rule shall—

(aa)

contain any amended standards; and

(bb)

apply to products manufactured on or after July 1, 2013.

(ii)

Final rule by July 1, 2015

(I)

In general

Not later than July 1, 2015 the Secretary shall publish a final rule to determine whether the standards then in effect should be amended.

(II)

Administration

The final rule shall—

(aa)

contain any amended standards; and

(bb)

apply to products manufactured on or after July 1, 2017.

(7)

End-use products

An energy conservation standard for external power supplies shall not constitute an energy conservation standard for the separate end-use product to which the external power supplies is connected.

.

302.

Updating appliance test procedures

(a)

Consumer appliances

Section 323(b)(1) of the Energy Policy and Conservation Act (42 U.S.C. 6293(b)(1)) is amended by striking (1) and all that follows through the end of the paragraph and inserting the following:

(1)

Test procedures

(A)

Amendment

At least once every 7 years, the Secretary shall review test procedures for all covered products and—

(i)

amend test procedures with respect to any covered product, if the Secretary determines that amended test procedures would more accurately or fully comply with the requirements of paragraph (3); or

(ii)

publish notice in the Federal Register of any determination not to amend a test procedure.

.

(b)

Industrial equipment

Section 343(a) of the Energy Policy and Conservation Act (42 U.S.C. 6313(a)) is amended by striking (a) and all that follows through the end of paragraph (1) and inserting the following:

(a)

Prescription by Secretary; requirements

(1)

Test procedures

(A)

Amendment

At least once every 7 years, the Secretary shall conduct an evaluation of each class of covered equipment and—

(i)

if the Secretary determines that amended test procedures would more accurately or fully comply with the requirements of paragraphs (2) and (3), shall prescribe test procedures for the class in accordance with this section; or

(ii)

shall publish notice in the Federal Register of any determination not to amend a test procedure.

.

303.

Residential boilers

Section 325(f) of the Energy Policy and Conservation Act (42 U.S.C. 6295(f)) is amended—

(1)

in the subsection heading, by inserting and Boilers after Furnaces;

(2)

by redesignating paragraph (3) as paragraph (4); and

(3)

by inserting after paragraph (2) the following:

(3)

Boilers

(A)

In general

Subject to subparagraphs (B) and (C), boilers manufactured on or after September 1, 2012, shall meet the following requirements:

Boiler TypeMinimum
Annual Fuel
Utilization
Efficiency
Design Requirements
Gas Hot Water82%No Constant Burning Pilot,
Automatic Means for
Adjusting Water Temperature
Gas Steam 80%No Constant Burning Pilot
Oil Hot Water84%Automatic Means for
Adjusting Temperature
Oil Steam82%None
Electric Hot WaterNoneAutomatic Means for
Adjusting Temperature
Electric SteamNoneNone
(B)

Automatic means for adjusting water temperature

(i)

In general

The manufacturer shall equip each gas, oil, and electric hot water boiler (other than a boiler equipped with a tankless domestic water heating coil) with automatic means for adjusting the temperature of the water supplied by the boiler to ensure that an incremental change in inferred heat load produces a corresponding incremental change in the temperature of water supplied.

(ii)

Single input rate

For a boiler that fires at 1 input rate, the requirements of this subparagraph may be satisfied by providing an automatic means that allows the burner or heating element to fire only when the means has determined that the inferred heat load cannot be met by the residual heat of the water in the system.

(iii)

No inferred heat load

When there is no inferred heat load with respect to a hot water boiler, the automatic means described in clause (i) and (ii) shall limit the temperature of the water in the boiler to not more than 140 degrees Fahrenheit.

(iv)

Operation

A boiler described in clause (i) or (ii) shall be operable only when the automatic means described in clauses (i), (ii), and (iii) is installed.

(C)

Exception

A boiler that is manufactured to operate without any need for electricity or any electric connection, electric gauges, electric pumps, electric wires, or electric devices shall not be required to meet the requirements of this paragraph.

.

304.

Furnace fan standard process

Paragraph (4)(D) of section 325(f) of the Energy Policy and Conservation Act (42 U.S.C. 6295(f)) (as redesignated by section 303(4)) is amended by striking the Secretary may and inserting not later than December 31, 2013, the Secretary shall.

305.

Improving schedule for standards updating and clarifying State authority

(a)

Consumer appliances

Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) is amended by striking subsection (m) and inserting the following:

(m)

Amendment of standards

(1)

In general

Not later than 6 years after issuance of any final rule establishing or amending a standard, as required for a product under this part, the Secretary shall publish—

(A)

a notice of the determination of the Secretary that standards for the product do not need to be amended, based on the criteria established under subsection (n)(2); or

(B)

a notice of proposed rulemaking including new proposed standards based on the criteria established under subsection (o) and the procedures established under subsection (p).

(2)

Notice

If the Secretary publishes a notice under paragraph (1), the Secretary shall—

(A)

publish a notice stating that the analysis of the Department is publicly available; and

(B)

provide an opportunity for written comment.

(3)

Amendment of standard; new determination

(A)

Amendment of standard

Not later than 2 years after a notice is issued under paragraph (1)(B), the Secretary shall publish a final rule amending the standard for the product.

(B)

New determination

Not later than 3 years after a determination under paragraph (1)(A), the Secretary shall make a new determination and publication under subparagraph (A) or (B) of paragraph (1).

(4)

Application to products

(A)

In general

Except as provided in subparagraph (B), an amendment prescribed under this subsection shall apply to—

(i)

with respect to refrigerators, refrigerator-freezers, freezers, room air conditioners, dishwashers, clothes washers, clothes dryers, fluorescent lamp ballasts, and kitchen ranges and ovens, such a product that is manufactured after the date that is 3 years after publication of the final rule establishing an applicable standard; and

(ii)

with respect to central air conditioners, heat pumps, water heaters, pool heaters, direct heating equipment, and furnaces, such a product that is manufactured after the date that is 5 years after publication of the final rule establishing an applicable standard.

(B)

Other new standards

A manufacturer shall not be required to apply new standards to a product with respect to which other new standards have been required during the prior 6-year period.

(5)

Reports

The Secretary shall promptly submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate—

(A)

a progress report every 180 days on compliance with this section, including a specific plan to remedy any failures to comply with deadlines for action established under this section; and

(B)

all required reports to the Court or to any party to the Consent Decree in State of New York v Bodman, Consolidated Civil Actions No.05 Civ. 7807 and No.05 Civ. 7808.

.

(b)

Industrial equipment

Section 342(a)(6) of the Energy Policy and Conservation Act (42 U.S.C. 6313(a)(6)) is amended—

(1)

by redesignating subparagraph (C) as subparagraph (D); and

(2)

by striking (6)(A)(i) and all that follows through the end of subparagraph (B) and inserting the following:

(6)

Amended energy efficiency standards

(A)

In general

(i)

Analysis of potential energy savings

If ASHRAE/IES Standard 90.1 is amended with respect to any small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, very large commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, or unfired hot water storage tanks, not later than 180 days after the amendment of the standard, the Secretary shall publish in the Federal Register for public comment an analysis of the energy savings potential of amended energy efficiency standards.

(ii)

Amended uniform national standard for products

(I)

In general

Except as provided in subclause (II), not later than 18 months after the date of publication of the amendment to the ASHRAE/IES Standard 90.1 for a product described in clause (i), the Secretary shall establish an amended uniform national standard for the product at the minimum level specified in the amended ASHRAE/IES Standard 90.1.

(II)

More stringent standard

Subclause (I) shall not apply if the Secretary determines, by rule published in the Federal Register, and supported by clear and convincing evidence, that adoption of a uniform national standard more stringent than the amended ASHRAE/IES Standard 90.1 for the product would result in significant additional conservation of energy and is technologically feasible and economically justified.

(B)

Rule

If the Secretary makes a determination described in clause (ii)(II) for a product described in clause (i), not later than 30 months after the date of publication of the amendment to the ASHRAE/IES Standard 90.1 for the product, the Secretary shall issue the rule establishing the amended standard.

(C)

Amendment of standard

(i)

In general

Not later than 6 years after issuance of any final rule establishing or amending a standard, as required for a product under this part, the Secretary shall publish—

(I)

a notice of the determination of the Secretary that standards for the product do not need to be amended, based on the criteria established under subparagraph (A); or

(II)

a notice of proposed rulemaking including new proposed standards based on the criteria and procedures established under subparagraph (B).

(ii)

Notice

If the Secretary publishes a notice under clause (i), the Secretary shall—

(I)

publish a notice stating that the analysis of the Department is publicly available; and

(II)

provide an opportunity for written comment.

(iii)

Amendment of standard; new determination

(I)

Amendment of standard

Not later than 2 years after a notice is issued under clause (i)(II), the Secretary shall publish a final rule amending the standard for the product.

(II)

New determination

Not later than 3 years after a determination under clause (i)(I), the Secretary shall make a new determination and publication under subclause (I) or (II) of clause (i).

(iv)

Application to products

An amendment prescribed under this subsection shall apply to products manufactured after a date that is the later of—

(I)

the date that is 3 years after publication of the final rule establishing a new standard; or

(II)

the date that is 6 years after the effective date of the current standard for a covered product.

(v)

Reports

The Secretary shall promptly submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a progress report every 180 days on compliance with this subparagraph, including a specific plan to remedy any failures to comply with deadlines for action established under this subparagraph.

.

306.

Regional standards for furnaces, central air conditioners, and heat pumps

(a)

In general

Section 325(o) of the Energy Policy and Conservation Act (42 U.S.C. 6295(o)) is amended by adding at the end the following:

(6)

Regional standards for furnaces, central air conditioners, and heat pumps

(A)

In general

In any rulemaking to establish a new or amended standard, the Secretary may consider the establishment of separate standards by geographic region for furnaces (except boilers), central air conditioners, and heat pumps.

(B)

National and regional standards

(i)

National standard

If the Secretary establishes a regional standard for a product, the Secretary shall establish a base national standard for the product.

(ii)

Regional standards

If the Secretary establishes a regional standard for a product, the Secretary may establish more restrictive standards for the product by geographic region as follows:

(I)

For furnaces, the Secretary may establish 1 additional standard that is applicable in a geographic region defined by the Secretary.

(II)

For any cooling product, the Secretary may establish 1 or 2 additional standards that are applicable in 1 or 2 geographic regions as may be defined by the Secretary.

(C)

Boundaries of geographic regions

(i)

In general

Subject to clause (ii), the boundaries of additional geographic regions established by the Secretary under this paragraph shall include only contiguous States.

(ii)

Alaska and Hawaii

The States of Alaska and Hawaii may be included under this paragraph in a geographic region that the States are not contiguous to.

(iii)

Individual States

Individual States shall be placed only into a single region under this paragraph.

(D)

Prerequisites

In establishing additional regional standards under this paragraph, the Secretary shall—

(i)

establish additional regional standards only if the Secretary determines that—

(I)

the establishment of additional regional standards will produce significant energy savings in comparison to establishing only a single national standard; and

(II)

the additional regional standards are economically justified under this paragraph; and

(ii)

consider the impact of the additional regional standards on consumers, manufacturers, and other market participants, including product distributors, dealers, contractors, and installers.

(E)

Application; effective date

(i)

Base national standard

Any base national standard established for a product under this paragraph shall—

(I)

be the minimum standard for the product; and

(II)

apply to all products manufactured or imported into the United States on and after the effective date for the standard.

(ii)

Regional standards

Any additional and more restrictive regional standard established for a product under this paragraph shall apply to any such product installed on or after the effective date of the standard in States in which the Secretary has designated the standard to apply.

(F)

Continuation of regional standards

(i)

In general

In any subsequent rulemaking for any product for which a regional standard has been previously established, the Secretary shall determine whether to continue the establishment of separate regional standards for the product.

(ii)

Regional standard no longer appropriate

Except as provided in clause (iii), if the Secretary determines that regional standards are no longer appropriate for a product, beginning on the effective date of the amended standard for the product—

(I)

there shall be 1 base national standard for the product with Federal enforcement; and

(II)

State authority for enforcing a regional standard for the product shall terminate.

(iii)

Regional standard appropriate but standard or region changed

(I)

State no longer contained in region

Subject to subclause (III), if a State is no longer contained in a region in which a regional standard that is more stringent than the base national standard applies, the authority of the State to enforce the regional standard shall terminate.

(II)

Standard or region revised so that existing regional standard equals base national standard

If the Secretary revises a base national standard for a product or the geographic definition of a region so that an existing regional standard for a State is equal to the revised base national standard—

(aa)

the authority of the State to enforce the regional standard shall terminate on the effective date of the revised base national standard; and

(bb)

the State shall be subject to the revised base national standard.

(III)

Standard or region revised so that existing regional standard equals base national standard

If the Secretary revises a base national standard for a product or the geographic definition of a region so that the standard for a State is lower than the previously approved regional standard, the State may continue to enforce the previously approved standard level.

(iv)

Waiver of Federal preemption

Nothing in this paragraph diminishes the authority of a State to enforce a State regulation for which a waiver of Federal preemption has been granted under section 327(d).

(G)

Enforcement

(i)

Base national standard

(I)

In general

The Secretary shall enforce any base national standard.

(II)

Trade association certification programs

In enforcing the base national standard, the Secretary shall use, to the maximum extent practicable, national standard nationally recognized certification programs of trade associations.

(ii)

Regional standards

(I)

Enforcement plan

Not later than 90 days after the date of the issuance of a final rule that establishes a regional standard, the Secretary shall initiate a rulemaking to develop and implement an effective enforcement plan for regional standards for the products that are covered by the final rule.

(II)

Responsible entities

Any rules regarding enforcement of a regional standard shall clearly specify which entities are legally responsible for compliance with the standards and for making any required information or labeling disclosures.

(III)

Final rule

Not later than 15 months after the date of the issuance of a final rule that establishes a regional standard for a product, the Secretary shall promulgate a final rule covering enforcement of regional standards for the product.

(IV)

Incorporation by States and localities

A State or locality may incorporate any Federal regional standard into State or local building codes or State appliance standards.

(V)

State enforcement

A State agency may seek enforcement of a Federal regional standard in a Federal court of competent jurisdiction.

(H)

Information disclosure

(i)

In general

Not later than 90 days after the date of the publication of a final rule that establishes a regional standard for a product, the Federal Trade Commission shall undertake a rulemaking to determine the appropriate 1 or more methods for disclosing information so that consumers, distributors, contractors, and installers can easily determine whether a specific piece of equipment that is installed in a specific building is in conformance with the regional standard that applies to the building.

(ii)

Methods

A method of disclosing information under clause (i) may include—

(I)

modifications to the Energy Guide label; or

(II)

other methods that make it easy for consumers and installers to use and understand at the point of installation.

(iii)

Completion of rulemaking

The rulemaking shall be completed not later 15 months after the date of the publication of a final rule that establishes a regional standard for a product.

.

(b)

Prohibited acts

Section 332(a) of the Energy Policy and Conservation Act (42 U.S.C. 6302(a)) is amended—

(1)

in paragraph (4), by striking or after the semicolon at the end;

(2)

in paragraph (5), by striking part. and inserting part, except to the extent that the new covered product is covered by a regional standard that is more stringent than the base national standard; or; and

(3)

by adding at the end the following:

(6)

for any manufacturer or private labeler to knowingly sell a product to a distributor, contractor, or dealer with knowledge that the entity routinely violates any regional standard applicable to the product.

.

(c)

Consideration of prices and operating patterns

Section 342(a)(6)(B) of the Energy Policy and Conservation Act (42 U.S.C. 6313(a)(6)(B)) is amended by adding at the end the following:

(iii)

Consideration of prices and operating patterns

If the Secretary is considering revised standards for air-cooled 3-phase central air conditioners and central air conditioning heat pumps with less 65,000 Btu per hour (cooling capacity), the Secretary shall use commercial energy prices and operating patterns in all analyses conducted by the Secretary.

.

307.

Procedure for prescribing new or amended standards

Section 325(p) of the Energy Policy and Conservation Act (42 U.S.C. 6925(p)) is amended—

(1)

by striking paragraph (1); and

(2)

by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively.

308.

Expedited rulemakings

(a)

Procedure for Prescribing New or Amended Standards

Section 325(p) of the Energy Policy and Conservation Act (42 U.S.C. 6295(p)) (as amended by section 307) is amended by adding at the end the following:

(4)

Direct final rules

(A)

In general

On receipt of a statement that is submitted jointly by interested persons that are fairly representative of relevant points of view (including representatives of manufacturers of covered products, States, and efficiency advocates), as determined by the Secretary, and contains recommendations with respect to an energy or water conservation standard—

(i)

if the Secretary determines that the recommended standard contained in the statement is in accordance with subsection (o) or section 342(a)(6)(B), as applicable, the Secretary may issue a final rule that establishes an energy or water conservation standard and is published simultaneously with a notice of proposed rulemaking that proposes a new or amended energy or water conservation standard that is identical to the standard established in the final rule to establish the recommended standard (referred to in this paragraph as a direct final rule); or

(ii)

if the Secretary determines that a direct final rule cannot be issued based on the statement, the Secretary shall publish a notice of the determination, together with an explanation of the reasons for the determination.

(B)

Public comment

The Secretary shall solicit public comment for a period of at least 110 days with respect to each direct final rule issued by the Secretary under subparagraph (A)(i).

(C)

Withdrawal of direct final rules

(i)

In general

Not later than 120 days after the date on which a direct final rule issued under subparagraph (A)(i) is published in the Federal Register, the Secretary shall withdraw the direct final rule if—

(I)

the Secretary receives 1 or more adverse public comments relating to the direct final rule under subparagraph (B)(i) or any alternative joint recommendation; and

(II)

based on the rulemaking record relating to the direct final rule, the Secretary determines that such adverse public comments or alternative joint recommendation may provide a reasonable basis for withdrawing the direct final rule under subsection (o), section 342(a)(6)(B), or any other applicable law.

(ii)

Action on withdrawal

On withdrawal of a direct final rule under clause (i), the Secretary shall—

(I)

proceed with the notice of proposed rulemaking published simultaneously with the direct final rule as described in subparagraph (A)(i); and

(II)

publish in the Federal Register the reasons why the direct final rule was withdrawn.

(iii)

Treatment of withdrawn direct final rules

A direct final rule that is withdrawn under clause (i) shall not be considered to be a final rule for purposes of subsection (o).

(D)

Effect of paragraph

Nothing in this paragraph authorizes the Secretary to issue a direct final rule based solely on receipt of more than 1 statement containing recommended standards relating to the direct final rule.

.

(b)

Conforming Amendment

Section 345(b)(1) of the Energy Policy and Conservation Act (42 U.S.C. 6316(b)(1)) is amended in the first sentence by inserting section 325(p)(5), after The provisions of.

309.

Battery chargers

Section 325(u)(1)(E) of the Energy Policy and Conservation Act (42 U.S.C. 6295(u)(1)(E)) is amended—

(1)

by striking (E)(i) Not and inserting the following:

(E)

External power supplies and battery chargers

(i)

Energy conservation standards

(I)

External power supplies

Not

;

(2)

by striking 3 years and inserting 2 years;

(3)

by striking battery chargers and each place it appears; and

(4)

by adding at the end the following:

(II)

Battery chargers

Not later than July 1, 2011, the Secretary shall issue a final rule that prescribes energy conservation standards for battery chargers or classes of battery chargers or determine that no energy conservation standard is technically feasible and economically justified.

.

310.

Standby mode

Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) is amended—

(1)

in subsection (u)—

(A)

by striking paragraphs (2), (3), and (4); and

(B)

by redesignating paragraph (5) and (6) as paragraphs (2) and (3), respectively;

(2)

by redesignating subsection (gg) as subsection (hh);

(3)

by inserting after subsection (ff) the following:

(gg)

Standby Mode Energy Use

(1)

Definitions

(A)

In general

Unless the Secretary determines otherwise pursuant to subparagraph (B), in this subsection:

(i)

Active mode

The term active mode means the condition in which an energy-using product—

(I)

is connected to a main power source;

(II)

has been activated; and

(III)

provides 1 or more main functions.

(ii)

Off mode

The term off mode means the condition in which an energy-using product—

(I)

is connected to a main power source; and

(II)

is not providing any standby or active mode function.

(iii)

Standby mode

The term standby mode means the condition in which an energy-using product—

(I)

is connected to a main power source; and

(II)

offers 1 or more of the following user-oriented or protective functions:

(aa)

To facilitate the activation or deactivation of other functions (including active mode) by remote switch (including remote control), internal sensor, or timer.

(bb)

Continuous functions, including information or status displays (including clocks) or sensor-based functions.

(B)

Amended definitions

The Secretary may, by rule, amend the definitions under subparagraph (A), taking into consideration the most current versions of Standards 62301 and 62087 of the International Electrotechnical Commission.

(2)

Test procedures

(A)

In general

Test procedures for all covered products shall be amended pursuant to section 323 to include standby mode and off mode energy consumption, taking into consideration the most current versions of Standards 62301 and 62087 of the International Electrotechnical Commission, with such energy consumption integrated into the overall energy efficiency, energy consumption, or other energy descriptor for each covered product, unless the Secretary determines that—

(i)

the current test procedures for a covered product already fully account for and incorporate the standby mode and off mode energy consumption of the covered product; or

(ii)

such an integrated test procedure is technically infeasible for a particular covered product, in which case the Secretary shall prescribe a separate standby mode and off mode energy use test procedure for the covered product, if technically feasible.

(B)

Deadlines

The test procedure amendments required by subparagraph (A) shall be prescribed in a final rule no later than the following dates:

(i)

December 31, 2008, for battery chargers and external power supplies.

(ii)

March 31, 2009, for clothes dryers, room air conditioners, and fluorescent lamp ballasts.

(iii)

June 30, 2009, for residential clothes washers.

(iv)

September 30, 2009, for residential furnaces and boilers.

(v)

March 31, 2010, for residential water heaters, direct heating equipment, and pool heaters.

(vi)

March 31, 2011, for residential dishwashers, ranges and ovens, microwave ovens, and dehumidifiers.

(C)

Prior product standards

The test procedure amendments adopted pursuant to subparagraph (B) shall not be used to determine compliance with product standards established prior to the adoption of the amended test procedures.

(3)

Incorporation into standard

(A)

In general

Subject to subparagraph (B), based on the test procedures required under paragraph (2), any final rule establishing or revising a standard for a covered product, adopted after July 1, 2010, shall incorporate standby mode and off mode energy use into a single amended or new standard, pursuant to subsection (o), if feasible.

(B)

Separate standards

If not feasible, the Secretary shall prescribe within the final rule a separate standard for standby mode and off mode energy consumption, if justified under subsection (o).

; and

(4)

in paragraph (2) of subsection (hh) (as redesignated by paragraph (2)) , by striking (ff) each place it appears and inserting (gg).

311.

Energy standards for home appliances

(a)

Appliances

(1)

Dehumidifiers

Section 325(cc) of the Energy Policy and Conservation Act (42 U.S.C. 6295(cc)) is amended by striking paragraph (2) and inserting the following:

(2)

Dehumidifiers manufactured on or after October 1, 2012

Dehumidifiers manufactured on or after October 1, 2012, shall have an Energy Factor that meets or exceeds the following values:

Minimum Energy Factor
Product capacity (pints/day):(liters/KWh):
Up to 35.001.35
35.01–45.001.50
45.01–54.001.60
54.01–75.001.70
Greater than 75.002.50.

.

(2)

Residential clothes washers and residential dishwashers

Section 325(g) of the Energy Policy and Conservation Act (42 U.S.C. 6295(g)) is amended by adding at the end the following:

(9)

Residential clothes washers manufactured on or after January 1, 2011

(A)

In general

A top-loading or front-loading standard-size residential clothes washer manufactured on or after January 1, 2011, shall have—

(i)

a Modified Energy Factor of at least 1.26; and

(ii)

a water factor of not more than 9.5.

(B)

Amendment of standards

(i)

In general

Not later than December 31, 2011, the Secretary shall publish a final rule determining whether to amend the standards in effect for clothes washers manufactured on or after January 1, 2015.

(ii)

Amended standards

The final rule shall contain any amended standards.

(10)

Residential dishwashers manufactured on or after January 1, 2010

(A)

In general

A dishwasher manufactured on or after January 1, 2010, shall—

(i)

for a standard size dishwasher not exceed 355 kwh/year and 6.5 gallon per cycle; and

(ii)

for a compact size dishwasher not exceed 260 kwh/year and 4.5 gallons per cycle.

(B)

Amendment of standards

(i)

In general

Not later than January 1, 2015, the Secretary shall publish a final rule determining whether to amend the standards for dishwashers manufactured on or after January 1, 2018.

(ii)

Amended standards

The final rule shall contain any amended standards.

.

(3)

Refrigerators and freezers

Section 325(b) of the Energy Policy and Conservation Act (42 U.S.C. 6295(b)) is amended by adding at the end the following:

(4)

Refrigerators and freezers manufactured on or after January 1, 2014

(A)

In general

Not later than December 31, 2010, the Secretary shall publish a final rule determining whether to amend the standards in effect for refrigerators, refrigerator-freezers, and freezers manufactured on or after January 1, 2014.

(B)

Amended standards

The final rule shall contain any amended standards.

.

(b)

Energy Star

Section 324A(d)(2) of the Energy Policy and Conservation Act (42 U.S.C. 6294a(d)(2)) is amended by striking January 1, 2010 and inserting July 1, 2009.

312.

Walk-in coolers and walk-in freezers

(a)

Definitions

Section 340 of the Energy Policy and Conservation Act (42 U.S.C. 6311) is amended—

(1)

in paragraph (1)—

(A)

by redesignating subparagraphs (G) through (K) as subparagraphs (H) through (L), respectively; and

(B)

by inserting after subparagraph (F) the following:

(G)

Walk-in coolers and walk-in freezers.

;

(2)

by redesignating paragraphs (20) and (21) as paragraphs (21) and (22), respectively; and

(3)

by inserting after paragraph (19) the following:

(20)

Walk-in cooler; walk-in freezer

(A)

In general

The terms walk-in cooler and walk-in freezer mean an enclosed storage space refrigerated to temperatures, respectively, above, and at or below 32 degrees Fahrenheit that can be walked into, and has a total chilled storage area of less than 3,000 square feet.

(B)

Exclusion

The terms walk-in cooler and walk-in freezer do not include products designed and marketed exclusively for medical, scientific, or research purposes.

.

(b)

Standards

Section 342 of the Energy Policy and Conservation Act (42 U.S.C. 6313) is amended by adding at the end the following:

(f)

Walk-in coolers and walk-in freezers

(1)

In general

Subject to paragraphs (2) through (5), each walk-in cooler or walk-in freezer manufactured on or after January 1, 2009, shall—

(A)

have automatic door closers that firmly close all walk-in doors that have been closed to within 1 inch of full closure, except that this subparagraph shall not apply to doors wider than 3 feet 9 inches or taller than 7 feet;

(B)

have strip doors, spring hinged doors, or other method of minimizing infiltration when doors are open;

(C)

contain wall, ceiling, and door insulation of at least R–25 for coolers and R–32 for freezers, except that this subparagraph shall not apply to glazed portions of doors nor to structural members;

(D)

contain floor insulation of at least R–28 for freezers;

(E)

for evaporator fan motors of under 1 horsepower and less than 460 volts, use—

(i)

electronically commutated motors (brushless direct current motors); or

(ii)

3-phase motors;

(F)

for condenser fan motors of under 1 horsepower, use—

(i)

electronically commutated motors;

(ii)

permanent split capacitor-type motors; or

(iii)

3-phase motors; and

(G)

for all interior lights, use light sources with an efficacy of 40 lumens per watt or more, including ballast losses (if any), except that light sources with an efficacy of 40 lumens per watt or less, including ballast losses (if any), may be used in conjunction with a timer or device that turns off the lights within 15 minutes of when the walk-in cooler or walk-in freezer is not occupied by people.

(2)

Electronically commutated motors

(A)

In general

The requirements of paragraph (1)(E)(i) for electronically commutated motors shall take effect January 1, 2009, unless, prior to that date, the Secretary determines that such motors are only available from 1 manufacturer.

(B)

Other types of motors

In carrying out paragraph (1)(E)(i) and subparagraph (A), the Secretary may allow other types of motors if the Secretary determines that, on average, those other motors use no more energy in evaporator fan applications than electronically commutated motors.

(C)

Maximum energy consumption level

The Secretary shall establish the maximum energy consumption level under subparagraph (B) not later than January 1, 2010.

(3)

Additional specifications

Each walk-in cooler or walk-in freezer with transparent reach-in doors manufactured on or after January 1, 2009, shall also meet the following specifications:

(A)

Transparent reach-in doors for walk-in freezers and windows in walk-in freezer doors shall be of triple-pane glass with either heat-reflective treated glass or gas fill.

(B)

Transparent reach-in doors for walk-in coolers and windows in walk-in cooler doors shall be—

(i)

double-pane glass with heat-reflective treated glass and gas fill; or

(ii)

triple-pane glass with either heat-reflective treated glass or gas fill.

(C)

If the appliance has an antisweat heater without antisweat heat controls, the appliance shall have a total door rail, glass, and frame heater power draw of not more than 7.1 watts per square foot of door opening (for freezers) and 3.0 watts per square foot of door opening (for coolers).

(D)

If the appliance has an antisweat heater with antisweat heat controls, and the total door rail, glass, and frame heater power draw is more than 7.1 watts per square foot of door opening (for freezers) and 3.0 watts per square foot of door opening (for coolers), the antisweat heat controls shall reduce the energy use of the antisweat heater in a quantity corresponding to the relative humidity in the air outside the door or to the condensation on the inner glass pane.

(4)

Performance-based standards

(A)

In general

Not later than January 1, 2012, the Secretary shall publish performance-based standards for walk-in coolers and walk-in freezers that achieve the maximum improvement in energy that the Secretary determines is technologically feasible and economically justified.

(B)

Application

(i)

In general

Except as provided in clause (ii), the standards shall apply to products described in subparagraph (A) that are manufactured beginning on the date that is 3 years after the final rule is published.

(ii)

Delayed effective date

If the Secretary determines, by rule, that a 3-year period is inadequate, the Secretary may establish an effective date for products manufactured beginning on the date that is not more than 5 years after the date of publication of a final rule for the products.

(5)

Amendment of standards

(A)

In general

Not later than January 1, 2020, the Secretary shall publish a final rule to determine if the standards established under paragraph (4) should be amended.

(B)

Application

(i)

In general

Except as provided in clause (ii), the rule shall provide that the standards shall apply to products manufactured beginning on the date that is 3 years after the final rule is published.

(ii)

Delayed effective date

If the Secretary determines, by rule, that a 3-year period is inadequate, the Secretary may establish an effective date for products manufactured beginning on the date that is not more than 5 years after the date of publication of a final rule for the products.

.

(c)

Test procedures

Section 343(a) of the Energy Policy and Conservation Act (42 U.S.C. 6314(a)) is amended by adding at the end the following:

(9)

Walk-in coolers and walk-in freezers

(A)

In general

For the purpose of test procedures for walk-in coolers and walk-in freezers:

(i)

The R value shall be the 1/K factor multiplied by the thickness of the panel.

(ii)

The K factor shall be based on ASTM test procedure C518-2004.

(iii)

For calculating the R value for freezers, the K factor of the foam at 20°F (average foam temperature) shall be used.

(iv)

For calculating the R value for coolers, the K factor of the foam at 55°F (average foam temperature) shall be used.

(B)

Test procedure

(i)

In general

Not later than January 1, 2010, the Secretary shall establish a test procedure to measure the energy-use of walk-in coolers and walk-in freezers.

(ii)

Computer modeling

The test procedure may be based on computer modeling, if the computer model or models have been verified using the results of laboratory tests on a significant sample of walk-in coolers and walk-in freezers.

.

(d)

Labeling

Section 344(e) of the Energy Policy and Conservation Act (42 U.S.C. 6315(e)) is amended by inserting walk-in coolers and walk-in freezers, after commercial clothes washers, each place it appears.

(e)

Administration, penalties, enforcement, and preemption

Section 345 of the Energy Policy and Conservation Act (42 U.S.C. 6316) is amended—

(1)

by striking subparagraphs (B), (C), (D), (E), and (F) each place it appears and inserting subparagraphs (B) through (G); and

(2)

by adding at the end the following:

(h)

Walk-in coolers and walk-in freezers

(1)

Covered types

(A)

Relationship to other law

(i)

In general

Except as otherwise provided in this subsection, section 327 shall apply to walk-in coolers and walk-in freezers for which standards have been established under paragraphs (1), (2), and (3) of section 342(f) to the same extent and in the same manner as the section applies under part A on the date of enactment of this subsection.

(ii)

State standards

Any State standard prescribed before the date of enactment of this subsection shall not be preempted until the standards established under paragraphs (1) and (2) of section 342(f) take effect.

(B)

Administration

In applying section 327 to equipment under subparagraph (A), paragraphs (1), (2), and (3) of subsection (a) shall apply.

(2)

Final rule not timely

(A)

In general

If the Secretary does not issue a final rule for a specific type of walk-in cooler or walk-in freezer within the time frame established under paragraph (4) or (5) of section 342(f), subsections (b) and (c) of section 327 shall no longer apply to the specific type of walk-in cooler or walk-in freezer during the period—

(i)

beginning on the day after the scheduled date for a final rule; and

(ii)

ending on the date on which the Secretary publishes a final rule covering the specific type of walk-in cooler or walk-in freezer.

(B)

State standards

Any State standard issued before the publication of the final rule shall not be preempted until the standards established in the final rule take effect.

(3)

California

Any standard issued in the State of California before January 1, 2011, under title 20 of the California Code of Regulations, that refers to walk-in coolers and walk-in freezers, for which standards have been established under paragraphs (1), (2), and (3) of section 342(f), shall not be preempted until the standards established under section 342(f)(3) take effect.

.

313.

Electric motor efficiency standards

(a)

Definitions

Section 340(13) of the Energy Policy and Conservation Act (42 U.S.C. 6311(13)) is amended—

(1)

by redesignating subparagraphs (B) through (H) as subparagraphs (C) through (I), respectively; and

(2)

by striking (13)(A) and all that follows through the end of subparagraph (A) and inserting the following:

(13)

Electric motor

(A)

General purpose electric motor (subtype I)

The term general purpose electric motor (subtype I) means any motor that meets the definition of General Purpose as established in the final rule issued by the Department of Energy entitled Energy Efficiency Program for Certain Commercial and Industrial Equipment: Test Procedures, Labeling, and Certification Requirements for Electric Motors (10 C.F.R. 431), as in effect on the date of enactment of the Energy Independence and Security Act of 2007.

(B)

General purpose electric motor (subtype II)

The term general purpose electric motor (subtype II) means motors incorporating the design elements of a general purpose electric motor (subtype I) that are configured as 1 of the following:

(i)

A U-Frame Motor.

(ii)

A Design C Motor.

(iii)

A close-coupled pump motor.

(iv)

A Footless motor.

(v)

A vertical solid shaft normal thrust motor (as tested in a horizontal configuration).

(vi)

An 8-pole motor (900 rpm).

(vii)

A poly-phase motor with voltage of not more than 600 volts (other than 230 or 460 volts.

.

(b)

Standards

(1)

Amendment

Section 342(b) of the Energy Policy and Conservation Act (42 U.S.C. 6313(b)) is amended—

(A)

by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

(B)

by inserting after paragraph (1) the following:

(2)

Electric motors

(A)

General purpose electric motors (subtype I)

Except as provided in subparagraph (B), each general purpose electric motor (subtype I) with a power rating of 1 horsepower or greater, but not greater than 200 horsepower, manufactured (alone or as a component of another piece of equipment) after the 3-year period beginning on the date of enactment of the Energy Independence and Security Act of 2007, shall have a nominal full load efficiency that is not less than as defined in NEMA MG–1 (2006) Table 12–12.

(B)

Fire pump motors

Each fire pump motor manufactured (alone or as a component of another piece of equipment) after the 3-year period beginning on the date of enactment of the Energy Independence and Security Act of 2007 shall have nominal full load efficiency that is not less than as defined in NEMA MG–1 (2006) Table 12–11.

(C)

General purpose electric motors (subtype II)

Each general purpose electric motor (subtype II) with a power rating of 1 horsepower or greater, but not greater than 200 horsepower, manufactured (alone or as a component of another piece of equipment) after the 3-year period beginning on the date of enactment of the Energy Independence and Security Act of 2007, shall have a nominal full load efficiency that is not less than as defined in NEMA MG–1 (2006) Table 12–11.

(D)

NEMA Design B, general purpose electric motors

Each NEMA Design B, general purpose electric motor with a power rating of more than 200 horsepower, but not greater than 500 horsepower, manufactured (alone or as a component of another piece of equipment) after the 3-year period beginning on the date of enactment of the Energy Independence and Security Act of 2007, shall have a nominal full load efficiency that is not less than as defined in NEMA MG–1 (2006) Table 12–11.

.

(2)

Effective date

The amendments made by paragraph (1) take effect on the date that is 3 years after the date of enactment of this Act.

314.

Standards for single package vertical air conditioners and heat pumps

(a)

Definitions

Section 340 of the Energy Policy and Conservation Act (42 U.S.C. 6311) is amended by adding at the end the following:

(22)

Single package vertical air conditioner

The term single package vertical air conditioner means air-cooled commercial package air conditioning and heating equipment that—

(A)

is factory-assembled as a single package that—

(i)

has major components that are arranged vertically;

(ii)

is an encased combination of cooling and optional heating components; and

(iii)

is intended for exterior mounting on, adjacent interior to, or through an outside wall;

(B)

is powered by a single- or 3-phase current;

(C)

may contain 1 or more separate indoor grilles, outdoor louvers, various ventilation options, indoor free air discharges, ductwork, well plenum, or sleeves; and

(D)

has heating components that may include electrical resistance, steam, hot water, or gas, but may not include reverse cycle refrigeration as a heating means.

(23)

Single package vertical heat pump

The term single package vertical heat pump means a single package vertical air conditioner that—

(A)

uses reverse cycle refrigeration as its primary heat source; and

(B)

may include secondary supplemental heating by means of electrical resistance, steam, hot water, or gas.

.

(b)

Standards

Section 342(a) of the Energy Policy and Conservation Act (42 U.S.C. 6313(a)) is amended—

(1)

in the first sentence of each of paragraphs (1) and (2), by inserting (including single package vertical air conditioners and single package vertical heat pumps) after heating equipment each place it appears;

(2)

in paragraph (1), by striking but before January 1, 2010,;

(3)

in the first sentence of each of paragraphs (7), (8), and (9), by inserting (other than single package vertical air conditioners and single package vertical heat pumps) after heating equipment each place it appears;

(4)

in paragraph (7)—

(A)

by striking manufactured on or after January 1, 2010,;

(B)

in each of subparagraphs (A), (B), and (C), by striking The and inserting For equipment manufactured on or after January 1, 2010, the; and

(C)

by adding at the end the following:

(D)

For equipment manufactured on or after the later of January 1, 2008, or the date that is 180 days after the date of enactment of the Energy Independence and Security Act of 2007

(i)

the minimum seasonal energy efficiency ratio of air-cooled 3-phase electric central air conditioners and central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), split systems, shall be 13.0;

(ii)

the minimum seasonal energy efficiency ratio of air-cooled 3-phase electric central air conditioners and central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), single package, shall be 13.0;

(iii)

the minimum heating seasonal performance factor of air-cooled 3-phase electric central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), split systems, shall be 7.7; and

(iv)

the minimum heating seasonal performance factor of air-cooled three-phase electric central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), single package, shall be 7.7.

; and

(5)

by adding at the end the following:

(10)

Single package vertical air conditioners and single package vertical heat pumps

(A)

In general

Single package vertical air conditioners and single package vertical heat pumps manufactured on or after January 1, 2010, shall meet the following standards:

(i)

The minimum energy efficiency ratio of single package vertical air conditioners less than 65,000 Btu per hour (cooling capacity), single-phase, shall be 9.0.

(ii)

The minimum energy efficiency ratio of single package vertical air conditioners less than 65,000 Btu per hour (cooling capacity), three-phase, shall be 9.0.

(iii)

The minimum energy efficiency ratio of single package vertical air conditioners at or above 65,000 Btu per hour (cooling capacity) but less than 135,000 Btu per hour (cooling capacity), shall be 8.9.

(iv)

The minimum energy efficiency ratio of single package vertical air conditioners at or above 135,000 Btu per hour (cooling capacity) but less than 240,000 Btu per hour (cooling capacity), shall be 8.6.

(v)

The minimum energy efficiency ratio of single package vertical heat pumps less than 65,000 Btu per hour (cooling capacity), single-phase, shall be 9.0 and the minimum coefficient of performance in the heating mode shall be 3.0.

(vi)

The minimum energy efficiency ratio of single package vertical heat pumps less than 65,000 Btu per hour (cooling capacity), three-phase, shall be 9.0 and the minimum coefficient of performance in the heating mode shall be 3.0.

(vii)

The minimum energy efficiency ratio of single package vertical heat pumps at or above 65,000 Btu per hour (cooling capacity) but less than 135,000 Btu per hour (cooling capacity), shall be 8.9 and the minimum coefficient of performance in the heating mode shall be 3.0.

(viii)

The minimum energy efficiency ratio of single package vertical heat pumps at or above 135,000 Btu per hour (cooling capacity) but less than 240,000 Btu per hour (cooling capacity), shall be 8.6 and the minimum coefficient of performance in the heating mode shall be 2.9.

(B)

Review

Not later than 3 years after the date of enactment of this paragraph, the Secretary shall review the most recently published ASHRAE/IES Standard 90.1 with respect to single package vertical air conditioners and single package vertical heat pumps in accordance with the procedures established under paragraph (6).

.

315.

Improved energy efficiency for appliances and buildings in cold climates

(a)

Research

Section 911(a)(2) of the Energy Policy Act of 2005 (42 U.S.C. 16191(a)(2)) is amended—

(1)

in subparagraph (C), by striking and at the end;

(2)

in subparagraph (D), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following:

(E)

technologies to improve the energy efficiency of appliances and mechanical systems for buildings in cold climates, including combined heat and power units and increased use of renewable resources, including fuel.

.

(b)

Rebates

Section 124 of the Energy Policy Act of 2005 (42 U.S.C. 15821) is amended—

(1)

in subsection (b)(1), by inserting , or products with improved energy efficiency in cold climates, after residential Energy Star products; and

(2)

in subsection (e), by inserting or product with improved energy efficiency in a cold climate after residential Energy Star product each place it appears.

316.

Technical corrections

(a)

Definition of F96T12 lamp

(1)

In general

Section 135(a)(1)(A)(ii) of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 624) is amended by striking C78.1–1978(R1984) and inserting C78.3–1978(R1984).

(2)

Effective date

The amendment made by paragraph (1) takes effect on August 8, 2005.

(b)

Definition of Fluorescent Lamp

Section 321(30)(B)(viii) of the Energy Policy and Conservation Act (42 U.S.C. 6291(30)(B)(viii)) is amended by striking 82 and inserting 87.

(c)

Mercury Vapor Lamp Ballasts

(1)

Definitions

Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) (as amended by section 301(a)(2)) is amended—

(A)

by striking paragraphs (46) through (48) and inserting the following:

(46)

High intensity discharge lamp

(A)

In general

The term high intensity discharge lamp means an electric-discharge lamp in which—

(i)

the light-producing arc is stabilized by the arc tube wall temperature; and

(ii)

the arc tube wall loading is in excess of 3 Watts/cm².

(B)

Inclusions

The term high intensity discharge lamp includes mercury vapor, metal halide, and high-pressure sodium lamps described in subparagraph (A).

(47)

Mercury vapor lamp

(A)

In general

The term mercury vapor lamp means a high intensity discharge lamp in which the major portion of the light is produced by radiation from mercury typically operating at a partial vapor pressure in excess of 100,000 Pa (approximately 1 atm).

(B)

Inclusions

The term mercury vapor lamp includes clear, phosphor-coated, and self-ballasted screw base lamps described in subparagraph (A).

(48)

Mercury vapor lamp ballast

The term mercury vapor lamp ballast means a device that is designed and marketed to start and operate mercury vapor lamps intended for general illumination by providing the necessary voltage and current.

; and

(B)

by adding at the end the following:

(53)

Specialty application mercury vapor lamp ballast

The term specialty application mercury vapor lamp ballast means a mercury vapor lamp ballast that—

(A)

is designed and marketed for operation of mercury vapor lamps used in quality inspection, industrial processing, or scientific use, including fluorescent microscopy and ultraviolet curing; and

(B)

in the case of a specialty application mercury vapor lamp ballast, the label of which—

(i)

provides that the specialty application mercury vapor lamp ballast is For specialty applications only, not for general illumination; and

(ii)

specifies the specific applications for which the ballast is designed.

.

(2)

Standard setting authority

Section 325(ee) of the Energy Policy and Conservation Act (42 U.S.C. 6295(ee)) is amended by inserting (other than specialty application mercury vapor lamp ballasts) after ballasts.

(d)

Energy conservation standards

Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) is amended—

(1)

in subsection (v)—

(A)

in the subsection heading, by striking Ceiling Fans and;

(B)

by striking paragraph (1); and

(C)

by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively; and

(2)

in subsection (ff)—

(A)

in paragraph (1)(A)—

(i)

by striking clause (iii);

(ii)

by redesignating clause (iv) as clause (iii); and

(iii)

in clause (iii)(II) (as so redesignated), by inserting fans sold for before outdoor; and

(B)

in paragraph (4)(C)—

(i)

in the matter preceding clause (i), by striking subparagraph (B) and inserting subparagraph (A); and

(ii)

by striking clause (ii) and inserting the following:

(ii)

shall be packaged with lamps to fill all sockets.

;

(C)

in paragraph (6), by redesignating subparagraphs (C) and (D) as clauses (i) and (ii), respectively, of subparagraph (B); and

(D)

in paragraph (7), by striking 327 the second place it appears and inserting 324.

B

Lighting energy efficiency

321.

Efficient light bulbs

(a)

Energy efficiency standards for general service incandescent lamps

(1)

Definition of general service incandescent lamp

Section 321(30) of the Energy Policy and Conservation Act (42 U.S.C. 6291(30)) is amended—

(A)

by striking subparagraph (D) and inserting the following:

(D)

General service incandescent lamp

(i)

In general

The term general service incandescent lamp means a standard incandescent or halogen type lamp that—

(I)

is intended for general service applications;

(II)

has a medium screw base;

(III)

has a lumen range of not less than 310 lumens and not more than 2,600 lumens; and

(IV)

is capable of being operated at a voltage range at least partially within 110 and 130 volts.

(ii)

Exclusions

The term general service incandescent lamp does not include the following incandescent lamps:

(I)

An appliance lamp.

(II)

A black light lamp.

(III)

A bug lamp.

(IV)

A colored lamp.

(V)

An infrared lamp.

(VI)

A left-hand thread lamp.

(VII)

A marine lamp.

(VIII)

A marine signal service lamp.

(IX)

A mine service lamp.

(X)

A plant light lamp.

(XI)

A reflector lamp.

(XII)

A rough service lamp.

(XIII)

A shatter-resistant lamp (including a shatter-proof lamp and a shatter-protected lamp).

(XIV)

A sign service lamp.

(XV)

A silver bowl lamp.

(XVI)

A showcase lamp.

(XVII)

A 3-way incandescent lamp.

(XVIII)

A traffic signal lamp.

(XIX)

A vibration service lamp.

(XX)

A G shape lamp (as defined in ANSI C78.20–2003 and C79.1–2002 with a diameter of 5 inches or more.

(XXI)

A T shape lamp (as defined in ANSI C78.20–2003 and C79.1–2002) and that uses not more than 40 watts or has a length of more than 10 inches.

(XXII)

A B, BA, CA, F, G16–1/2, G–25, G30, S, or M–14 lamp (as defined in ANSI C79.1–2002 and ANSI C78.20-2003) of 40 watts or less.

; and

(B)

by adding at the end the following:

(T)

Appliance lamp

The term appliance lamp means any lamp that—

(i)

is specifically designed to operate in a household appliance, has a maximum wattage of 40 watts, and is sold at retail, including an oven lamp, refrigerator lamp, and vacuum cleaner lamp; and

(ii)

is designated and marketed for the intended application, with—

(I)

the designation on the lamp packaging; and

(II)

marketing materials that identify the lamp as being for appliance use.

(U)

Candelabra base incandescent lamp

The term candelabra base incandescent lamp means a lamp that uses candelabra screw base as described in ANSI C81.61–2006, Specifications for Electric Bases, common designations E11 and E12.

(V)

Intermediate base incandescent lamp

The term intermediate base incandescent lamp means a lamp that uses an intermediate screw base as described in ANSI C81.61–2006, Specifications for Electric Bases, common designation E17.

(W)

Modified spectrum

The term modified spectrum means, with respect to an incandescent lamp, an incandescent lamp that—

(i)

is not a colored incandescent lamp; and

(ii)

when operated at the rated voltage and wattage of the incandescent lamp—

(I)

has a color point with (x,y) chromaticity coordinates on the Commission Internationale de l’Eclairage (C.I.E.) 1931 chromaticity diagram that lies below the black-body locus; and

(II)

has a color point with (x,y) chromaticity coordinates on the C.I.E. 1931 chromaticity diagram that lies at least 4 MacAdam steps (as referenced in IESNA LM16) distant from the color point of a clear lamp with the same filament and bulb shape, operated at the same rated voltage and wattage.

(X)

Rough service lamp

The term rough service lamp means a lamp that—

(i)

has a minimum of 5 supports with filament configurations that are C–7A, C–11, C–17, and C–22 as listed in Figure 6–12 of the 9th edition of the IESNA Lighting handbook, or similar configurations where lead wires are not counted as supports; and

(ii)

is designated and marketed specifically for rough service applications, with—

(I)

the designation appearing on the lamp packaging; and

(II)

marketing materials that identify the lamp as being for rough service.

(Y)

3-way incandescent lamp

The term 3-way incandescent lamp includes an incandescent lamp that—

(i)

employs 2 filaments, operated separately and in combination, to provide 3 light levels; and

(ii)

is designated on the lamp packaging and marketing materials as being a 3-way incandescent lamp.

(Z)

Shatter-resistant lamp, shatter-proof lamp, or shatter-protected lamp

The terms shatter-resistant lamp, shatter-proof lamp, and shatter-protected lamp mean a lamp that—

(i)

has a coating or equivalent technology that is compliant with NSF/ANSI 51 and is designed to contain the glass if the glass envelope of the lamp is broken; and

(ii)

is designated and marketed for the intended application, with—

(I)

the designation on the lamp packaging; and

(II)

marketing materials that identify the lamp as being shatter-resistant, shatter-proof, or shatter-protected.

(AA)

Vibration service lamp

The term vibration service lamp means a lamp that—

(i)

has filament configurations that are C–5, C–7A, or C–9, as listed in Figure 6–12 of the 9th Edition of the IESNA Lighting Handbook or similar configurations;

(ii)

has a maximum wattage of 60 watts;

(iii)

is sold at retail in packages of 2 lamps or less; and

(iv)

is designated and marketed specifically for vibration service or vibration-resistant applications, with—

(I)

the designation appearing on the lamp packaging; and

(II)

marketing materials that identify the lamp as being vibration service only.

(BB)

General service lamp

(i)

In general

The term general service lamp includes—

(I)

general service incandescent lamps;

(II)

compact fluorescent lamps;

(III)

general service light-emitting diode (LED or OLED) lamps; and

(IV)

any other lamps that the Secretary determines are used to satisfy lighting applications traditionally served by general service incandescent lamps.

(ii)

Exclusions

The term general service lamp does not include—

(I)

any lighting application or bulb shape described in any of subclauses (I) through (XXII) of subparagraph (D)(ii); or

(II)

any general service fluorescent lamp or incandescent reflector lamp.

(CC)

Light-emitting diode; LED

(i)

In general

The terms light-emitting diode and LED means a p–n junction solid state device the radiated output of which is a function of the physical construction, material used, and exciting current of the device.

(ii)

Output

The output of a light-emitting diode may be in—

(I)

the infrared region;

(II)

the visible region; or

(III)

the ultraviolet region.

(DD)

Organic light-emitting diode; OLED

The terms organic light-emitting diode and OLED mean a thin-film light-emitting device that typically consists of a series of organic layers between 2 electrical contacts (electrodes).

(EE)

Colored incandescent lamp

The term colored incandescent lamp means an incandescent lamp designated and marketed as a colored lamp that has—

(i)

a color rendering index of less than 50, as determined according to the test method given in C.I.E. publication 13.3–1995; or

(ii)

a correlated color temperature of less than 2,500K, or greater than 4,600K, where correlated temperature is computed according to the Journal of Optical Society of America, Vol. 58, pages 1528–1595 (1986).

.

(2)

Coverage

Section 322(a)(14) of the Energy Policy and Conservation Act (42 U.S.C. 6292(a)(14)) is amended by inserting , general service incandescent lamps, after fluorescent lamps.

(3)

Energy conservation standards

Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) is amended—

(A)

in subsection (i)—

(i)

in the section heading, by inserting , general service incandescent lamps, intermediate base incandescent lamps, candelabra base incandescent lamps, after fluorescent lamps;

(ii)

in paragraph (1)—

(I)

in subparagraph (A)—

(aa)

by inserting , general service incandescent lamps, intermediate base incandescent lamps, candelabra base incandescent lamps, after fluorescent lamps;

(bb)

by inserting , new maximum wattage, after lamp efficacy; and

(cc)

by inserting after the table entitled INCANDESCENT REFLECTOR LAMPS the following:


GENERAL SERVICE INCANDESCENT LAMPS
Rated Lumen
Ranges
Maximum Rate
Wattage
Minimum Rate
Lifetime
Effective
Date
1490–2600721,000 hrs1/1/2012
1050–1489531,000 hrs1/1/2013
 750–1049431,000 hrs1/1/2014
310–749291,000 hrs1/1/2014
MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS
Rated Lumen
Ranges
Maximum Rate
Wattage
Minimum Rate
Lifetime
Effective
Date
1118–1950721,000 hrs1/1/2012
 788–1117531,000 hrs1/1/2013
563–787431,000 hrs1/1/2014
232–562291,000 hrs1/1/2014

;

and
(II)

by striking subparagraph (B) and inserting the following:

(B)

Application

(i)

Application criteria

This subparagraph applies to each lamp that—

(I)

is intended for a general service or general illumination application (whether incandescent or not);

(II)

has a medium screw base or any other screw base not defined in ANSI C81.61–2006;

(III)

is capable of being operated at a voltage at least partially within the range of 110 to 130 volts; and

(IV)

is manufactured or imported after December 31, 2011.

(ii)

Requirement

For purposes of this paragraph, each lamp described in clause (i) shall have a color rendering index that is greater than or equal to—

(I)

80 for nonmodified spectrum lamps; or

(II)

75 for modified spectrum lamps.

(C)

Candelabra incandescent lamps and intermediate base incandescent lamps

(i)

Candelabra base incandescent lamps

A candelabra base incandescent lamp shall not exceed 60 rated watts.

(ii)

Intermediate base incandescent lamps

An intermediate base incandescent lamp shall not exceed 40 rated watts.

(D)

Exemptions

(i)

Petition

Any person may petition the Secretary for an exemption for a type of general service lamp from the requirements of this subsection.

(ii)

Criteria

The Secretary may grant an exemption under clause (i) only to the extent that the Secretary finds, after a hearing and opportunity for public comment, that it is not technically feasible to serve a specialized lighting application (such as a military, medical, public safety, or certified historic lighting application) using a lamp that meets the requirements of this subsection.

(iii)

Additional criterion

To grant an exemption for a product under this subparagraph, the Secretary shall include, as an additional criterion, that the exempted product is unlikely to be used in a general service lighting application.

(E)

Extension of coverage

(i)

Petition

Any person may petition the Secretary to establish standards for lamp shapes or bases that are excluded from the definition of general service lamps.

(ii)

Increased sales of exempted lamps

The petition shall include evidence that the availability or sales of exempted incandescent lamps have increased significantly since the date on which the standards on general service incandescent lamps were established.

(iii)

Criteria

The Secretary shall grant a petition under clause (i) if the Secretary finds that—

(I)

the petition presents evidence that demonstrates that commercial availability or sales of exempted incandescent lamp types have increased significantly since the standards on general service lamps were established and likely are being widely used in general lighting applications; and

(II)

significant energy savings could be achieved by covering exempted products, as determined by the Secretary based on sales data provided to the Secretary from manufacturers and importers.

(iv)

No presumption

The grant of a petition under this subparagraph shall create no presumption with respect to the determination of the Secretary with respect to any criteria under a rulemaking conducted under this section.

(v)

Expedited proceeding

If the Secretary grants a petition for a lamp shape or base under this subparagraph, the Secretary shall—

(I)

conduct a rulemaking to determine standards for the exempted lamp shape or base; and

(II)

complete the rulemaking not later than 18 months after the date on which notice is provided granting the petition.

(F)

Definition of effective date

In this paragraph, except as otherwise provided in a table contained in subparagraph (A), the term effective date means the last day of the month specified in the table that follows October 24, 1992.

;

(iii)

in paragraph (5), in the first sentence, by striking and general service incandescent lamps;

(iv)

by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and

(v)

by inserting after paragraph (5) the following:

(6)

Standards for general service lamps

(A)

Rulemaking before January 1, 2014

(i)

In general

Not later than January 1, 2014, the Secretary shall initiate a rulemaking procedure to determine whether—

(I)

standards in effect for general service lamps should be amended to establish more stringent standards than the standards specified in paragraph (1)(A); and

(II)

the exemptions for certain incandescent lamps should be maintained or discontinued based, in part, on exempted lamp sales collected by the Secretary from manufacturers.

(ii)

Scope

The rulemaking—

(I)

shall not be limited to incandescent lamp technologies; and

(II)

shall include consideration of a minimum standard of 45 lumens per watt for general service lamps.

(iii)

Amended standards

If the Secretary determines that the standards in effect for general service incandescent lamps should be amended, the Secretary shall publish a final rule not later than January 1, 2017, with an effective date that is not earlier than 3 years after the date on which the final rule is published.

(iv)

Phased-in effective dates

The Secretary shall consider phased-in effective dates under this subparagraph after considering—

(I)

the impact of any amendment on manufacturers, retiring and repurposing existing equipment, stranded investments, labor contracts, workers, and raw materials; and

(II)

the time needed to work with retailers and lighting designers to revise sales and marketing strategies.

(v)

Backstop requirement

If the Secretary fails to complete a rulemaking in accordance with clauses (i) through (iv) or if the final rule does not produce savings that are greater than or equal to the savings from a minimum efficacy standard of 45 lumens per watt, effective beginning January 1, 2020, the Secretary shall prohibit the sale of any general service lamp that does not meet a minimum efficacy standard of 45 lumens per watt.

(vi)

State preemption

Neither section 327(b) nor any other provision of law shall preclude California or Nevada from adopting, effective beginning on or after January 1, 2018—

(I)

a final rule adopted by the Secretary in accordance with clauses (i) through (iv);

(II)

if a final rule described in subclause (I) has not been adopted, the backstop requirement under clause (v); or

(III)

in the case of California, if a final rule described in subclause (I) has not been adopted, any California regulations relating to these covered products adopted pursuant to State statute in effect as of the date of enactment of the Energy Independence and Security Act of 2007.

(B)

Rulemaking before January 1, 2020

(i)

In general

Not later than January 1, 2020, the Secretary shall initiate a rulemaking procedure to determine whether—

(I)

standards in effect for general service incandescent lamps should be amended to reflect lumen ranges with more stringent maximum wattage than the standards specified in paragraph (1)(A); and

(II)

the exemptions for certain incandescent lamps should be maintained or discontinued based, in part, on exempted lamp sales data collected by the Secretary from manufacturers.

(ii)

Scope

The rulemaking shall not be limited to incandescent lamp technologies.

(iii)

Amended standards

If the Secretary determines that the standards in effect for general service incandescent lamps should be amended, the Secretary shall publish a final rule not later than January 1, 2022, with an effective date that is not earlier than 3 years after the date on which the final rule is published.

(iv)

Phased-in effective dates

The Secretary shall consider phased-in effective dates under this subparagraph after considering—

(I)

the impact of any amendment on manufacturers, retiring and repurposing existing equipment, stranded investments, labor contracts, workers, and raw materials; and

(II)

the time needed to work with retailers and lighting designers to revise sales and marketing strategies.

; and

(B)

in subsection (l), by adding at the end the following:

(4)

Energy efficiency standards for certain lamps

(A)

In general

The Secretary shall prescribe an energy efficiency standard for rough service lamps, vibration service lamps, 3-way incandescent lamps, 2,601–3,300 lumen general service incandescent lamps, and shatter-resistant lamps only in accordance with this paragraph.

(B)

Benchmarks

Not later than 1 year after the date of enactment of this paragraph, the Secretary, in consultation with the National Electrical Manufacturers Association, shall—

(i)

collect actual data for United States unit sales for each of calendar years 1990 through 2006 for each of the 5 types of lamps described in subparagraph (A) to determine the historical growth rate of the type of lamp; and

(ii)

construct a model for each type of lamp based on coincident economic indicators that closely match the historical annual growth rate of the type of lamp to provide a neutral comparison benchmark to model future unit sales after calendar year 2006.

(C)

Actual sales data

(i)

In general

Effective for each of calendar years 2010 through 2025, the Secretary, in consultation with the National Electrical Manufacturers Association, shall—

(I)

collect actual United States unit sales data for each of 5 types of lamps described in subparagraph (A); and

(II)

not later than 90 days after the end of each calendar year, compare the lamp sales in that year with the sales predicted by the comparison benchmark for each of the 5 types of lamps described in subparagraph (A).

(ii)

Continuation of tracking

(I)

Determination

Not later than January 1, 2023, the Secretary shall determine if actual sales data should be tracked for the lamp types described in subparagraph (A) after calendar year 2025.

(II)

Continuation

If the Secretary finds that the market share of a lamp type described in subparagraph (A) could significantly erode the market share for general service lamps, the Secretary shall continue to track the actual sales data for the lamp type.

(D)

Rough service lamps

(i)

In general

Effective beginning with the first year that the reported annual sales rate for rough service lamps demonstrates actual unit sales of rough service lamps that achieve levels that are at least 100 percent higher than modeled unit sales for that same year, the Secretary shall—

(I)

not later than 90 days after the end of the previous calendar year, issue a finding that the index has been exceeded; and

(II)

not later than the date that is 1 year after the end of the previous calendar year, complete an accelerated rulemaking to establish an energy conservation standard for rough service lamps.

(ii)

Backstop requirement

If the Secretary fails to complete an accelerated rulemaking in accordance with clause (i)(II), effective beginning 1 year after the date of the issuance of the finding under clause (i)(I), the Secretary shall require rough service lamps to—

(I)

have a shatter-proof coating or equivalent technology that is compliant with NSF/ANSI 51 and is designed to contain the glass if the glass envelope of the lamp is broken and to provide effective containment over the life of the lamp;

(II)

have a maximum 40-watt limitation; and

(III)

be sold at retail only in a package containing 1 lamp.

(E)

Vibration service lamps

(i)

In general

Effective beginning with the first year that the reported annual sales rate for vibration service lamps demonstrates actual unit sales of vibration service lamps that achieve levels that are at least 100 percent higher than modeled unit sales for that same year, the Secretary shall—

(I)

not later than 90 days after the end of the previous calendar year, issue a finding that the index has been exceeded; and

(II)

not later than the date that is 1 year after the end of the previous calendar year, complete an accelerated rulemaking to establish an energy conservation standard for vibration service lamps.

(ii)

Backstop requirement

If the Secretary fails to complete an accelerated rulemaking in accordance with clause (i)(II), effective beginning 1 year after the date of the issuance of the finding under clause (i)(I), the Secretary shall require vibration service lamps to—

(I)

have a maximum 40-watt limitation; and

(II)

be sold at retail only in a package containing 1 lamp.

(F)

3-way incandescent lamps

(i)

In general

Effective beginning with the first year that the reported annual sales rate for 3-way incandescent lamps demonstrates actual unit sales of 3-way incandescent lamps that achieve levels that are at least 100 percent higher than modeled unit sales for that same year, the Secretary shall—

(I)

not later than 90 days after the end of the previous calendar year, issue a finding that the index has been exceeded; and

(II)

not later than the date that is 1 year after the end of the previous calendar year, complete an accelerated rulemaking to establish an energy conservation standard for 3-way incandescent lamps.

(ii)

Backstop requirement

If the Secretary fails to complete an accelerated rulemaking in accordance with clause (i)(II), effective beginning 1 year after the date of issuance of the finding under clause (i)(I), the Secretary shall require that—

(I)

each filament in a 3-way incandescent lamp meet the new maximum wattage requirements for the respective lumen range established under subsection (i)(1)(A); and

(II)

3-way lamps be sold at retail only in a package containing 1 lamp.

(G)

2,601–3,300 lumen general service incandescent lamps

Effective beginning with the first year that the reported annual sales rate demonstrates actual unit sales of 2,601–3,300 lumen general service incandescent lamps in the lumen range of 2,601 through 3,300 lumens (or, in the case of a modified spectrum, in the lumen range of 1,951 through 2,475 lumens) that achieve levels that are at least 100 percent higher than modeled unit sales for that same year, the Secretary shall impose—

(i)

a maximum 95-watt limitation on general service incandescent lamps in the lumen range of 2,601 through 3,300 lumens; and

(ii)

a requirement that those lamps be sold at retail only in a package containing 1 lamp.

(H)

Shatter-resistant lamps

(i)

In general

Effective beginning with the first year that the reported annual sales rate for shatter-resistant lamps demonstrates actual unit sales of shatter-resistant lamps that achieve levels that are at least 100 percent higher than modeled unit sales for that same year, the Secretary shall—

(I)

not later than 90 days after the end of the previous calendar year, issue a finding that the index has been exceeded; and

(II)

not later than the date that is 1 year after the end of the previous calendar year, complete an accelerated rulemaking to establish an energy conservation standard for shatter-resistant lamps.

(ii)

Backstop requirement

If the Secretary fails to complete an accelerated rulemaking in accordance with clause (i)(II), effective beginning 1 year after the date of issuance of the finding under clause (i)(I), the Secretary shall impose—

(I)

a maximum wattage limitation of 40 watts on shatter resistant lamps; and

(II)

a requirement that those lamps be sold at retail only in a package containing 1 lamp.

(I)

Rulemakings before January 1, 2025

(i)

In general

Except as provided in clause (ii), if the Secretary issues a final rule prior to January 1, 2025, establishing an energy conservation standard for any of the 5 types of lamps for which data collection is required under any of subparagraphs (D) through (G), the requirement to collect and model data for that type of lamp shall terminate unless, as part of the rulemaking, the Secretary determines that continued tracking is necessary.

(ii)

Backstop requirement

If the Secretary imposes a backstop requirement as a result of a failure to complete an accelerated rulemaking in accordance with clause (i)(II) of any of subparagraphs (D) through (G), the requirement to collect and model data for the applicable type of lamp shall continue for an additional 2 years after the effective date of the backstop requirement.

.

(b)

Consumer education and lamp labeling

Section 324(a)(2)(C) of the Energy Policy and Conservation Act (42 U.S.C. 6294(a)(2)(C)) is amended by adding at the end the following:

(iii)

Rulemaking to consider effectiveness of lamp labeling

(I)

In general

Not later than 1 year after the date of enactment of this clause, the Commission shall initiate a rulemaking to consider—

(aa)

the effectiveness of current lamp labeling for power levels or watts, light output or lumens, and lamp lifetime; and

(bb)

alternative labeling approaches that will help consumers to understand new high-efficiency lamp products and to base the purchase decisions of the consumers on the most appropriate source that meets the requirements of the consumers for lighting level, light quality, lamp lifetime, and total lifecycle cost.

(II)

Completion

The Commission shall—

(aa)

complete the rulemaking not later than the date that is 30 months after the date of enactment of this clause; and

(bb)

consider reopening the rulemaking not later than 180 days before the effective dates of the standards for general service incandescent lamps established under section 325(i)(1)(A), if the Commission determines that further labeling changes are needed to help consumers understand lamp alternatives.

.

(c)

Market assessments and consumer awareness program

(1)

In general

In cooperation with the Administrator of the Environmental Protection Agency, the Secretary of Commerce, the Federal Trade Commission, lighting and retail industry associations, energy efficiency organizations, and any other entities that the Secretary of Energy determines to be appropriate, the Secretary of Energy shall—

(A)

conduct an annual assessment of the market for general service lamps and compact fluorescent lamps—

(i)

to identify trends in the market shares of lamp types, efficiencies, and light output levels purchased by residential and nonresidential consumers; and

(ii)

to better understand the degree to which consumer decisionmaking is based on lamp power levels or watts, light output or lumens, lamp lifetime, and other factors, including information required on labels mandated by the Federal Trade Commission;

(B)

provide the results of the market assessment to the Federal Trade Commission for consideration in the rulemaking described in section 324(a)(2)(C)(iii) of the Energy Policy and Conservation Act (42 U.S.C. 6294(a)(2)(C)(iii)); and

(C)

in cooperation with industry trade associations, lighting industry members, utilities, and other interested parties, carry out a proactive national program of consumer awareness, information, and education that broadly uses the media and other effective communication techniques over an extended period of time to help consumers understand the lamp labels and make energy-efficient lighting choices that meet the needs of consumers.

(2)

Authorization of appropriations

There is authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2009 through 2012.

(d)

General rule of preemption for energy conservation standards before Federal standard becomes effective for a product

Section 327(b)(1) of the Energy Policy and Conservation Act (42 U.S.C. 6297(b)(1)) is amended—

(1)

by inserting (A) after (1);

(2)

by inserting or after the semicolon at the end; and

(3)

by adding at the end the following:

(B)

in the case of any portion of any regulation that establishes requirements for general service incandescent lamps, intermediate base incandescent lamps, or candelabra base lamps, was enacted or adopted by the States of California or Nevada before December 4, 2007, except that—

(i)

the regulation adopted by the California Energy Commission with an effective date of January 1, 2008, shall only be effective until the effective date of the Federal standard for the applicable lamp category under subparagraphs (A), (B), and (C) of section 325(i)(1);

(ii)

the States of California and Nevada may, at any time, modify or adopt a State standard for general service lamps to conform with Federal standards with effective dates no earlier than 12 months prior to the Federal effective dates prescribed under subparagraphs (A), (B), and (C) of section 325(i)(1), at which time any prior regulations adopted by the States of California or Nevada shall no longer be effective; and

(iii)

all other States may, at any time, modify or adopt a State standard for general service lamps to conform with Federal standards and effective dates.’’.

(e)

Prohibited acts

Section 332(a) of the Energy Policy and Conservation Act (42 U.S.C. 6302(a)) is amended—

(1)

in paragraph (4), by striking or at the end;

(2)

in paragraph (5), by striking the period at the end and inserting ; or; and

(3)

by adding at the end the following:

(6)

for any manufacturer, distributor, retailer, or private labeler to distribute in commerce an adapter that—

(A)

is designed to allow an incandescent lamp that does not have a medium screw base to be installed into a fixture or lampholder with a medium screw base socket; and

(B)

is capable of being operated at a voltage range at least partially within 110 and 130 volts.

.

(f)

Enforcement

Section 334 of the Energy Policy and Conservation Act (42 U.S.C. 6304) is amended by inserting after the second sentence the following: Any such action to restrain any person from distributing in commerce a general service incandescent lamp that does not comply with the applicable standard established under section 325(i) or an adapter prohibited under section 332(a)(6) may also be brought by the attorney general of a State in the name of the State..

(g)

Research and development program

(1)

In General

The Secretary may carry out a lighting technology research and development program—

(A)

to support the research, development, demonstration, and commercial application of lamps and related technologies sold, offered for sale, or otherwise made available in the United States; and

(B)

to assist manufacturers of general service lamps in the manufacturing of general service lamps that, at a minimum, achieve the wattage requirements imposed as a result of the amendments made by subsection (a).

(2)

Authorization of Appropriations

There are authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2008 through 2013.

(3)

Termination of authority

The program under this subsection shall terminate on September 30, 2015.

(h)

Reports to Congress

(1)

Report on mercury use and release

Not later than 1 year after the date of enactment of this Act, the Secretary , in cooperation with the Administrator of the Environmental Protection Agency, shall submit to Congress a report describing recommendations relating to the means by which the Federal Government may reduce or prevent the release of mercury during the manufacture, transportation, storage, or disposal of light bulbs.

(2)

Report on rulemaking schedule

Beginning on July 1, 2013 and semiannually through July 1, 2016, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on—

(A)

whether the Secretary will meet the deadlines for the rulemakings required under this section;

(B)

a description of any impediments to meeting the deadlines; and

(C)

a specific plan to remedy any failures, including recommendations for additional legislation or resources.

(3)

National Academy review

(A)

In general

Not later than December 31, 2009, the Secretary shall enter into an arrangement with the National Academy of Sciences to provide a report by December 31, 2013, and an updated report by July 31, 2015. The report should include—

(i)

the status of advanced solid state lighting research, development, demonstration and commercialization;

(ii)

the impact on the types of lighting available to consumers of an energy conservation standard requiring a minimum of 45 lumens per watt for general service lighting effective in 2020; and

(iii)

the time frame for the commercialization of lighting that could replace current incandescent and halogen incandescent lamp technology and any other new technologies developed to meet the minimum standards required under subsection (a) (3) of this section.

(B)

Reports

The reports shall be transmitted to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

322.

Incandescent reflector lamp efficiency standards

(a)

Definitions

Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) (as amended by section 316(c)(1)(D)) is amended—

(1)

in paragraph (30)(C)(ii)—

(A)

in the matter preceding subclause (I)—

(i)

by striking or similar bulb shapes (excluding ER or BR) and inserting ER, BR, BPAR, or similar bulb shapes; and

(ii)

by striking 2.75 and inserting 2.25; and

(B)

by striking is either— and all that follows through subclause (II) and inserting has a rated wattage that is 40 watts or higher; and

(2)

by adding at the end the following:

(54)

BPAR incandescent reflector lamp

The term BPAR incandescent reflector lamp means a reflector lamp as shown in figure C78.21–278 on page 32 of ANSI C78.21–2003.

(55)

BR incandescent reflector lamp; br30; br40

(A)

BR incandescent reflector lamp

The term BR incandescent reflector lamp means a reflector lamp that has—

(i)

a bulged section below the major diameter of the bulb and above the approximate baseline of the bulb, as shown in figure 1 (RB) on page 7 of ANSI C79.1–1994, incorporated by reference in section 430.22 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this paragraph); and

(ii)

a finished size and shape shown in ANSI C78.21–1989, including the referenced reflective characteristics in part 7 of ANSI C78.21–1989, incorporated by reference in section 430.22 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this paragraph).

(B)

BR30

The term BR30 means a BR incandescent reflector lamp with a diameter of 30/8ths of an inch.

(C)

BR40

The term BR40 means a BR incandescent reflector lamp with a diameter of 40/8ths of an inch.

(56)

ER incandescent reflector lamp; er30; er40

(A)

ER incandescent reflector lamp

The term ER incandescent reflector lamp means a reflector lamp that has—

(i)

an elliptical section below the major diameter of the bulb and above the approximate baseline of the bulb, as shown in figure 1 (RE) on page 7 of ANSI C79.1–1994, incorporated by reference in section 430.22 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this paragraph); and

(ii)

a finished size and shape shown in ANSI C78.21–1989, incorporated by reference in section 430.22 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this paragraph).

(B)

ER30

The term ER30 means an ER incandescent reflector lamp with a diameter of 30/8ths of an inch.

(C)

ER40

The term ER40 means an ER incandescent reflector lamp with a diameter of 40/8ths of an inch.

(57)

R20 incandescent reflector lamp

The term R20 incandescent reflector lamp means a reflector lamp that has a face diameter of approximately 2.5 inches, as shown in figure 1(R) on page 7 of ANSI C79.1–1994.

.

(b)

Standards for Fluorescent Lamps and Incandescent Reflector Lamps

Section 325(i) of the Energy Policy and Conservation Act (42 U.S.C. 6995(i)) is amended by striking paragraph (1) and inserting the following:

(1)

Standards

(A)

Definition of effective date

In this paragraph (other than subparagraph (D)), the term effective date means, with respect to each type of lamp specified in a table contained in subparagraph (B), the last day of the period of months corresponding to that type of lamp (as specified in the table) that follows October 24, 1992.

(B)

Minimum standards

Each of the following general service fluorescent lamps and incandescent reflector lamps manufactured after the effective date specified in the tables contained in this paragraph shall meet or exceed the following lamp efficacy and CRI standards:


FLUORESCENT LAMPS
Lamp TypeNominal
Lamp
Wattage
Minimum
CRI
Minimum Average
Lamp Efficacy
(LPW)
Effective Date
(Period of
Months)
4-foot medium bi-pin>35 W6975.036
≤35 W4575.036
2-foot U-shaped>35 W6968.036
≤35 W4564.018
8-foot slimline65 W6980.018
≤65 W4580.018
8-foot high output>100 W6980.018
≤100 W4580.018
INCANDESCENT REFLECTOR LAMPS
Nominal Lamp WattageMinimum Average
Lamp Efficacy
(LPW)
Effective Date
(Period of
Months)
 40–5010.536
 50–6611.036
 67–8512.536
 86–11514.036
116–15514.536
156–20515.036
(C)

Exemptions

The standards specified in subparagraph (B) shall not apply to the following types of incandescent reflector lamps:

(i)

Lamps rated at 50 watts or less that are ER30, BR30, BR40, or ER40 lamps.

(ii)

Lamps rated at 65 watts that are BR30, BR40, or ER40 lamps.

(iii)

R20 incandescent reflector lamps rated 45 watts or less.

(D)

Effective dates

(i)

ER, br, and bpar lamps

The standards specified in subparagraph (B) shall apply with respect to ER incandescent reflector lamps, BR incandescent reflector lamps, BPAR incandescent reflector lamps, and similar bulb shapes on and after January 1, 2008.

(ii)

Lamps between 2.25–2.75 inches in diameter

The standards specified in subparagraph (B) shall apply with respect to incandescent reflector lamps with a diameter of more than 2.25 inches, but not more than 2.75 inches, on and after the later of January 1, 2008, or the date that is 180 days after the date of enactment of the Energy Independence and Security Act of 2007.

.

323.

Public building energy efficient and renewable energy systems

(a)

Estimate of energy performance in prospectus

Section 3307(b) of title 40, United States Code, is amended—

(1)

by striking and at the end of paragraph (5);

(2)

by striking the period at the end of paragraph (6) and inserting ; and; and

(3)

by inserting after paragraph (6) the following:

(7)

with respect to any prospectus for the construction, alteration, or acquisition of any building or space to be leased, an estimate of the future energy performance of the building or space and a specific description of the use of energy efficient and renewable energy systems, including photovoltaic systems, in carrying out the project.

.

(b)

Minimum performance requirements for leased space

Section 3307 of such of title is amended—

(1)

by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and

(2)

by inserting after subsection (e) the following:

(f)

Minimum performance requirements for leased space

With respect to space to be leased, the Administrator shall include, to the maximum extent practicable, minimum performance requirements requiring energy efficiency and the use of renewable energy.

.

(c)

Use of energy efficient lighting fixtures and bulbs

(1)

In General

Chapter 33 of such title is amended—

(A)

by redesignating sections 3313, 3314, and 3315 as sections 3314, 3315, and 3316, respectively; and

(B)

by inserting after section 3312 the following:

3313.

Use of energy efficient lighting fixtures and bulbs

(a)

Construction, alteration, and acquisition of public buildings

Each public building constructed, altered, or acquired by the Administrator of General Services shall be equipped, to the maximum extent feasible as determined by the Administrator, with lighting fixtures and bulbs that are energy efficient.

(b)

Maintenance of public buildings

Each lighting fixture or bulb that is replaced by the Administrator in the normal course of maintenance of public buildings shall be replaced, to the maximum extent feasible, with a lighting fixture or bulb that is energy efficient.

(c)

Considerations

In making a determination under this section concerning the feasibility of installing a lighting fixture or bulb that is energy efficient, the Administrator shall consider—

(1)

the life-cycle cost effectiveness of the fixture or bulb;

(2)

the compatibility of the fixture or bulb with existing equipment;

(3)

whether use of the fixture or bulb could result in interference with productivity;

(4)

the aesthetics relating to use of the fixture or bulb; and

(5)

such other factors as the Administrator determines appropriate.

(d)

Energy star

A lighting fixture or bulb shall be treated as being energy efficient for purposes of this section if—

(1)

the fixture or bulb is certified under the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a);

(2)

in the case of all light-emitting diode (LED) luminaires, lamps, and systems whose efficacy (lumens per watt) and Color Rendering Index (CRI) meet the Department of Energy requirements for minimum luminaire efficacy and CRI for the Energy Star certification, as verified by an independent third-party testing laboratory that the Administrator and the Secretary of Energy determine conducts its tests according to the procedures and recommendations of the Illuminating Engineering Society of North America, even if the luminaires, lamps, and systems have not received such certification; or

(3)

the Administrator and the Secretary of Energy have otherwise determined that the fixture or bulb is energy efficient.

(e)

Additional energy efficient lighting designations

The Administrator of the Environmental Protection Agency and the Secretary of Energy shall give priority to establishing Energy Star performance criteria or Federal Energy Management Program designations for additional lighting product categories that are appropriate for use in public buildings.

(f)

Guidelines

The Administrator shall develop guidelines for the use of energy efficient lighting technologies that contain mercury in child care centers in public buildings.

(g)

Applicability of Buy American Act

Acquisitions carried out pursuant to this section shall be subject to the requirements of the Buy American Act (41 U.S.C. 10c et seq.).

(h)

Effective date

The requirements of subsections (a) and (b) shall take effect one year after the date of enactment of this subsection.

.

(2)

Clerical amendment

The analysis for such chapter is amended by striking the items relating to sections 3313, 3314, and 3315 and inserting the following:

3313. Use of energy efficient lighting fixtures and bulbs.

3314. Delegation.

3315. Report to Congress.

3316. Certain authority not affected.

.

(d)

Evaluation factor

Section 3310 of such title is amended—

(1)

by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and

(2)

by inserting after paragraph (2) the following:

(3)

shall include in the solicitation for any lease requiring a prospectus under section 3307 an evaluation factor considering the extent to which the offeror will promote energy efficiency and the use of renewable energy;

.

324.

Metal halide lamp fixtures

(a)

Definitions

Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) (as amended by section 322(a)(2)) is amended by adding at the end the following:

(58)

Ballast

The term ballast means a device used with an electric discharge lamp to obtain necessary circuit conditions (voltage, current, and waveform) for starting and operating.

(59)

Ballast efficiency

(A)

In general

The term ballast efficiency means, in the case of a high intensity discharge fixture, the efficiency of a lamp and ballast combination, expressed as a percentage, and calculated in accordance with the following formula: Efficiency = Pout/Pin.

(B)

Efficiency formula

For the purpose of subparagraph (A)—

(i)

Pout shall equal the measured operating lamp wattage;

(ii)

Pin shall equal the measured operating input wattage;

(iii)

the lamp, and the capacitor when the capacitor is provided, shall constitute a nominal system in accordance with the ANSI Standard C78.43-2004;

(iv)

for ballasts with a frequency of 60 Hz, Pin and Pout shall be measured after lamps have been stabilized according to section 4.4 of ANSI Standard C82.6-2005 using a wattmeter with accuracy specified in section 4.5 of ANSI Standard C82.6-2005; and

(v)

for ballasts with a frequency greater than 60 Hz, Pin and Pout shall have a basic accuracy of ± 0.5 percent at the higher of—

(I)

3 times the output operating frequency of the ballast; or

(II)

2 kHz for ballast with a frequency greater than 60 Hz.

(C)

Modification

The Secretary may, by rule, modify the definition of ballast efficiency if the Secretary determines that the modification is necessary or appropriate to carry out the purposes of this Act.

(60)

Electronic ballast

The term electronic ballast means a device that uses semiconductors as the primary means to control lamp starting and operation.

(61)

General lighting application

The term general lighting application means lighting that provides an interior or exterior area with overall illumination.

(62)

Metal halide ballast

The term metal halide ballast means a ballast used to start and operate metal halide lamps.

(63)

Metal halide lamp

The term metal halide lamp means a high intensity discharge lamp in which the major portion of the light is produced by radiation of metal halides and their products of dissociation, possibly in combination with metallic vapors.

(64)

Metal halide lamp fixture

The term metal halide lamp fixture means a light fixture for general lighting application designed to be operated with a metal halide lamp and a ballast for a metal halide lamp.

(65)

Probe-start metal halide ballast

The term probe-start metal halide ballast means a ballast that—

(A)

starts a probe-start metal halide lamp that contains a third starting electrode (probe) in the arc tube; and

(B)

does not generally contain an igniter but instead starts lamps with high ballast open circuit voltage.

(66)

Pulse-start metal halide ballast

(A)

In general

The term pulse-start metal halide ballast means an electronic or electromagnetic ballast that starts a pulse-start metal halide lamp with high voltage pulses.

(B)

Starting process

For the purpose of subparagraph (A)—

(i)

lamps shall be started by first providing a high voltage pulse for ionization of the gas to produce a glow discharge; and

(ii)

to complete the starting process, power shall be provided by the ballast to sustain the discharge through the glow-to-arc transition.

.

(b)

Coverage

Section 322(a) of the Energy Policy and Conservation Act (42 U.S.C. 6292(a)) is amended—

(1)

by redesignating paragraph (19) as paragraph (20); and

(2)

by inserting after paragraph (18) the following:

(19)

Metal halide lamp fixtures.

.

(c)

Test procedures

Section 323(b) of the Energy Policy and Conservation Act (42 U.S.C. 6293(b)) (as amended by section 301(b)) is amended by adding at the end the following:

(18)

Metal halide lamp ballasts

Test procedures for metal halide lamp ballasts shall be based on ANSI Standard C82.6-2005, entitled Ballasts for High Intensity Discharge Lamps—Method of Measurement.

.

(d)

Labeling

Section 324(a)(2) of the Energy Policy and Conservation Act (42 U.S.C. 6294(a)(2)) is amended—

(1)

by redesignating subparagraphs (C) through (G) as subparagraphs (D) through (H), respectively; and

(2)

by inserting after subparagraph (B) the following:

(C)

Metal halide lamp fixtures

(i)

In general

The Commission shall issue labeling rules under this section applicable to the covered product specified in section 322(a)(19) and to which standards are applicable under section 325.

(ii)

Labeling

The rules shall provide that the labeling of any metal halide lamp fixture manufactured on or after the later of January 1, 2009, or the date that is 270 days after the date of enactment of this subparagraph, shall indicate conspicuously, in a manner prescribed by the Commission under subsection (b) by July 1, 2008, a capital letter E printed within a circle on the packaging of the fixture, and on the ballast contained in the fixture.

.

(e)

Standards

Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) (as amended by section 310) is amended—

(1)

by redesignating subsection (hh) as subsection (ii);

(2)

by inserting after subsection (gg) the following:

(hh)

Metal halide lamp fixtures

(1)

Standards

(A)

In general

Subject to subparagraphs (B) and (C), metal halide lamp fixtures designed to be operated with lamps rated greater than or equal to 150 watts but less than or equal to 500 watts shall contain—

(i)

a pulse-start metal halide ballast with a minimum ballast efficiency of 88 percent;

(ii)

a magnetic probe-start ballast with a minimum ballast efficiency of 94 percent; or

(iii)

a nonpulse-start electronic ballast with—

(I)

a minimum ballast efficiency of 92 percent for wattages greater than 250 watts; and

(II)

a minimum ballast efficiency of 90 percent for wattages less than or equal to 250 watts.

(B)

Exclusions

The standards established under subparagraph (A) shall not apply to—

(i)

fixtures with regulated lag ballasts;

(ii)

fixtures that use electronic ballasts that operate at 480 volts; or

(iii)

fixtures that—

(I)

are rated only for 150 watt lamps;

(II)

are rated for use in wet locations, as specified by the National Electrical Code 2002, section 410.4(A); and

(III)

contain a ballast that is rated to operate at ambient air temperatures above 50º C, as specified by UL 1029–2001.

(C)

Application

The standards established under subparagraph (A) shall apply to metal halide lamp fixtures manufactured on or after the later of—

(i)

January 1, 2009; or

(ii)

the date that is 270 days after the date of enactment of this subsection.

(2)

Final rule by January 1, 2012

(A)

In general

Not later than January 1, 2012, the Secretary shall publish a final rule to determine whether the standards established under paragraph (1) should be amended.

(B)

Administration

The final rule shall—

(i)

contain any amended standard; and

(ii)

apply to products manufactured on or after January 1, 2015.

(3)

Final rule by January 1, 2019

(A)

In general

Not later than January 1, 2019, the Secretary shall publish a final rule to determine whether the standards then in effect should be amended.

(B)

Administration

The final rule shall—

(i)

contain any amended standards; and

(ii)

apply to products manufactured after January 1, 2022.

(4)

Design and performance requirements

Notwithstanding any other provision of law, any standard established pursuant to this subsection may contain both design and performance requirements.

; and

(3)

in paragraph (2) of subsection (ii) (as redesignated by paragraph (2)), by striking (gg) each place it appears and inserting (hh).

(f)

Effect on other law

Section 327(c) of the Energy Policy and Conservation Act (42 U.S.C. 6297(c)) is amended—

(1)

in paragraph (8)(B), by striking the period at the end and inserting ; and; and

(2)

by adding at the end the following:

(9)

is a regulation concerning metal halide lamp fixtures adopted by the California Energy Commission on or before January 1, 2011, except that—

(A)

if the Secretary fails to issue a final rule within 180 days after the deadlines for rulemakings in section 325(hh), notwithstanding any other provision of this section, preemption shall not apply to a regulation concerning metal halide lamp fixtures adopted by the California Energy Commission—

(i)

on or before July 1, 2015, if the Secretary fails to meet the deadline specified in section 325(hh)(2); or

(ii)

on or before July 1, 2022, if the Secretary fails to meet the deadline specified in section 325(hh)(3).

.

325.

Energy efficiency labeling for consumer electronic products

(a)

In General

Section 324(a) of the Energy Policy and Conservation Act (42 U.S.C. 6294(a)) (as amended by section 324(d)) is amended—

(1)

in paragraph (2), by adding at the end the following:

(I)

Labeling requirements

(i)

In general

Subject to clauses (ii) through (iv), not later than 18 months after the date of issuance of applicable Department of Energy testing procedures, the Commission, in consultation with the Secretary and the Administrator of the Environmental Protection Agency (acting through the Energy Star program), shall, by regulation, prescribe labeling or other disclosure requirements for the energy use of—

(I)

televisions;

(II)

personal computers;

(III)

cable or satellite set-top boxes;

(IV)

stand-alone digital video recorder boxes; and

(V)

personal computer monitors.

(ii)

Alternate testing procedures

In the absence of applicable testing procedures described in clause (i) for products described in subclauses (I) through (V) of that clause, the Commission may, by regulation, prescribe labeling or other disclosure requirements for a consumer product category described in clause (i) if the Commission—

(I)

identifies adequate non-Department of Energy testing procedures for those products; and

(II)

determines that labeling of, or other disclosures relating to, those products is likely to assist consumers in making purchasing decisions.

(iii)

Deadline and requirements for labeling

(I)

Deadline

Not later than 18 months after the date of promulgation of any requirements under clause (i) or (ii), the Commission shall require labeling of, or other disclosure requirements for, electronic products described in clause (i).

(II)

Requirements

The requirements prescribed under clause (i) or (ii) may include specific requirements for each electronic product to be labeled with respect to the placement, size, and content of Energy Guide labels.

(iv)

Determination of feasibility

Clause (i) or (ii) shall not apply in any case in which the Commission determines that labeling in accordance with this subsection—

(I)

is not technologically or economically feasible; or

(II)

is not likely to assist consumers in making purchasing decisions.

; and

(2)

by adding at the end the following:

(6)

Authority to include additional product categories

The Commission may, by regulation, require labeling or other disclosures in accordance with this subsection for any consumer product not specified in this subsection or section 322 if the Commission determines that labeling for the product is likely to assist consumers in making purchasing decisions.

.

(b)

Content of Label

Section 324(c) of the Energy Policy and Conservation Act (42 U.S.C. 6924(c)) is amended by adding at the end the following:

(9)

Discretionary application

The Commission may apply paragraphs (1), (2), (3), (5), and (6) of this subsection to the labeling of any product covered by paragraph (2)(I) or (6) of subsection (a).

.

IV

Energy savings in buildings and industry

401.

Definitions

In this title:

(1)

Administrator

The term Administrator means the Administrator of General Services.

(2)

Advisory Committee

The term Advisory Committee means the Green Building Advisory Committee established under section 484.

(3)

Commercial Director

The term Commercial Director means the individual appointed to the position established under section 421.

(4)

Consortium

The term Consortium means the High-Performance Green Building Partnership Consortium created in response to section 436(c)(1) to represent the private sector in a public-private partnership to promote high-performance green buildings and zero-net-energy commercial buildings.

(5)

Cost-effective lighting technology

(A)

In general

The term cost-effective lighting technology means a lighting technology that—

(i)

will result in substantial operational cost savings by ensuring an installed consumption of not more than 1 watt per square foot; or

(ii)

is contained in a list under—

(I)

section 553 of Public Law 95–619 (42 U.S.C. 8259b);

(II)

Federal acquisition regulation 23–203; and

(III)

is at least as energy-conserving as required by other provisions of this Act, including the requirements of this title and title III which shall be applicable to the extent that they would achieve greater energy savings than provided under clause (i) or this clause.

(B)

Inclusions

The term cost-effective lighting technology includes—

(i)

lamps;

(ii)

ballasts;

(iii)

luminaires;

(iv)

lighting controls;

(v)

daylighting; and

(vi)

early use of other highly cost-effective lighting technologies.

(6)

Cost-effective technologies and practices

The term cost-effective technologies and practices means a technology or practice that—

(A)

will result in substantial operational cost savings by reducing electricity or fossil fuel consumption, water, or other utility costs, including use of geothermal heat pumps;

(B)

complies with the provisions of section 553 of Public Law 95–619 (42 U.S.C. 8259b) and Federal acquisition regulation 23–203; and

(C)

is at least as energy and water conserving as required under this title, including sections 431 through 435, and title V, including section 511 through 525, which shall be applicable to the extent that they are more stringent or require greater energy or water savings than required by this section.

(7)

Federal Director

The term Federal Director means the individual appointed to the position established under section 436(a).

(8)

Federal facility

The term Federal facility means any building that is constructed, renovated, leased, or purchased in part or in whole for use by the Federal Government.

(9)

Operational cost savings

(A)

In general

The term operational cost savings means a reduction in end-use operational costs through the application of cost-effective technologies and practices or geothermal heat pumps, including a reduction in electricity consumption relative to consumption by the same customer or at the same facility in a given year, as defined in guidelines promulgated by the Administrator pursuant to section 329(b) of the Clean Air Act, that achieves cost savings sufficient to pay the incremental additional costs of using cost-effective technologies and practices including geothermal heat pumps by not later than the later of the date established under sections 431 through 434, or—

(i)

for cost-effective technologies and practices, the date that is 5 years after the date of installation; and

(ii)

for geothermal heat pumps, as soon as practical after the date of installation of the applicable geothermal heat pump.

(B)

Inclusions

The term operational cost savings includes savings achieved at a facility as a result of—

(i)

the installation or use of cost-effective technologies and practices; or

(ii)

the planting of vegetation that shades the facility and reduces the heating, cooling, or lighting needs of the facility.

(C)

Exclusion

The term operational cost savings does not include savings from measures that would likely be adopted in the absence of cost-effective technology and practices programs, as determined by the Administrator.

(10)

Geothermal heat pump

The term geothermal heat pump means any heating or air conditioning technology that—

(A)

uses the ground or ground water as a thermal energy source to heat, or as a thermal energy sink to cool, a building; and

(B)

meets the requirements of the Energy Star program of the Environmental Protection Agency applicable to geothermal heat pumps on the date of purchase of the technology.

(11)

GSA facility

(A)

In general

The term GSA facility means any building, structure, or facility, in whole or in part (including the associated support systems of the building, structure, or facility) that—

(i)

is constructed (including facilities constructed for lease), renovated, or purchased, in whole or in part, by the Administrator for use by the Federal Government; or

(ii)

is leased, in whole or in part, by the Administrator for use by the Federal Government—

(I)

except as provided in subclause (II), for a term of not less than 5 years; or

(II)

for a term of less than 5 years, if the Administrator determines that use of cost-effective technologies and practices would result in the payback of expenses.

(B)

Inclusion

The term GSA facility includes any group of buildings, structures, or facilities described in subparagraph (A) (including the associated energy-consuming support systems of the buildings, structures, and facilities).

(C)

Exemption

The Administrator may exempt from the definition of GSA facility under this paragraph a building, structure, or facility that meets the requirements of section 543(c) of Public Law 95–619 (42 U.S.C. 8253(c)).

(12)

High-performance building

The term high performance building means a building that integrates and optimizes on a life cycle basis all major high performance attributes, including energy conservation, environment, safety, security, durability, accessibility, cost-benefit, productivity, sustainability, functionality, and operational considerations.

(13)

High-performance green building

The term high-performance green building means a high-performance building that, during its life-cycle, as compared with similar buildings (as measured by Commercial Buildings Energy Consumption Survey or Residential Energy Consumption Survey data from the Energy Information Agency)—

(A)

reduces energy, water, and material resource use;

(B)

improves indoor environmental quality, including reducing indoor pollution, improving thermal comfort, and improving lighting and acoustic environments that affect occupant health and productivity;

(C)

reduces negative impacts on the environment throughout the life-cycle of the building, including air and water pollution and waste generation;

(D)

increases the use of environmentally preferable products, including biobased, recycled content, and nontoxic products with lower life-cycle impacts;

(E)

increases reuse and recycling opportunities;

(F)

integrates systems in the building;

(G)

reduces the environmental and energy impacts of transportation through building location and site design that support a full range of transportation choices for users of the building; and

(H)

considers indoor and outdoor effects of the building on human health and the environment, including—

(i)

improvements in worker productivity;

(ii)

the life-cycle impacts of building materials and operations; and

(iii)

other factors that the Federal Director or the Commercial Director consider to be appropriate.

(14)

Life-cycle

The term life-cycle, with respect to a high-performance green building, means all stages of the useful life of the building (including components, equipment, systems, and controls of the building) beginning at conception of a high-performance green building project and continuing through site selection, design, construction, landscaping, commissioning, operation, maintenance, renovation, deconstruction or demolition, removal, and recycling of the high-performance green building.

(15)

Life-cycle assessment

The term life-cycle assessment means a comprehensive system approach for measuring the environmental performance of a product or service over the life of the product or service, beginning at raw materials acquisition and continuing through manufacturing, transportation, installation, use, reuse, and end-of-life waste management.

(16)

Life-cycle costing

The term life-cycle costing, with respect to a high-performance green building, means a technique of economic evaluation that—

(A)

sums, over a given study period, the costs of initial investment (less resale value), replacements, operations (including energy use), and maintenance and repair of an investment decision; and

(B)

is expressed—

(i)

in present value terms, in the case of a study period equivalent to the longest useful life of the building, determined by taking into consideration the typical life of such a building in the area in which the building is to be located; or

(ii)

in annual value terms, in the case of any other study period.

(17)

Office of Commercial High-Performance Green Buildings

The term Office of Commercial High-Performance Green Buildings means the Office of Commercial High-Performance Green Buildings established under section 421(a).

(18)

Office of Federal High-Performance Green Buildings

The term Office of Federal High-Performance Green Buildings means the Office of Federal High-Performance Green Buildings established under section 436(a).

(19)

Practices

The term practices means design, financing, permitting, construction, commissioning, operation and maintenance, and other practices that contribute to achieving zero-net-energy buildings or facilities.

(20)

Zero-net-energy commercial building

The term zero-net-energy commercial building means a commercial building that is designed, constructed, and operated to—

(A)

require a greatly reduced quantity of energy to operate;

(B)

meet the balance of energy needs from sources of energy that do not produce greenhouse gases;

(C)

therefore result in no net emissions of greenhouse gases; and

(D)

be economically viable.

A

Residential building efficiency

411.

Reauthorization of weatherization assistance program

(a)

In general

Section 422 of the Energy Conservation and Production Act (42 U.S.C. 6872) is amended by striking appropriated $500,000,000 for fiscal year 2006, $600,000,000 for fiscal year 2007, and $700,000,000 for fiscal year 2008 and inserting “appropriated—

(1)

$750,000,000 for fiscal year 2008;

(2)

$900,000,000 for fiscal year 2009;

(3)

$1,050,000,000 for fiscal year 2010;

(4)

$1,200,000,000 for fiscal year 2011; and

(5)

$1,400,000,000 for fiscal year 2012.

.

(b)

Sustainable energy resources for consumers grants

(1)

In general

The Secretary may make funding available to local weatherization agencies from amounts authorized under the amendment made by subsection (a) to expand the weatherization assistance program for residential buildings to include materials, benefits, and renewable and domestic energy technologies not covered by the program (as of the date of enactment of this Act), if the State weatherization grantee certifies that the applicant has the capacity to carry out the proposed activities and that the grantee will include the project in the financial oversight of the grantee of the weatherization assistance program.

(2)

Priority

In selecting grant recipients under this subsection, the Secretary shall give priority to—

(A)

the expected effectiveness and benefits of the proposed project to low- and moderate-income energy consumers;

(B)

the potential for replication of successful results;

(C)

the impact on the health and safety and energy costs of consumers served; and

(D)

the extent of partnerships with other public and private entities that contribute to the resources and implementation of the program, including financial partnerships.

(3)

Funding

(A)

In general

Except as provided in paragraph (2), the amount of funds used for projects described in paragraph (1) may equal up to 2 percent of the amount of funds made available for any fiscal year under section 422 of the Energy Conservation and Production Act (42 U.S.C. 6872).

(B)

Exception

No funds may be used for sustainable energy resources for consumers grants for a fiscal year under this subsection if the amount of funds made available for the fiscal year to carry out the Weatherization Assistance Program for Low-Income Persons established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) is less than $275,000,000.

(c)

Definition of State

Section 412 of the Energy Conservation and Production Act (42 U.S.C. 6862) is amended by striking paragraph (8) and inserting the following:

(8)

State

The term State means—

(A)

a State;

(B)

the District of Columbia;

(C)

the Commonwealth of Puerto Rico; and

(D)

any other territory or possession of the United States.

.

412.

Study of renewable energy rebate programs

(a)

In general

Not later than 120 days after the date of enactment of this Act, the Secretary shall conduct, and submit to Congress a report on, a study regarding the rebate programs established under sections 124 and 206(c) of the Energy Policy Act of 2005 (42 U.S.C. 15821, 15853).

(b)

Components

In conducting the study, the Secretary shall—

(1)

develop a plan for how the rebate programs would be carried out if the programs were funded; and

(2)

determine the minimum amount of funding the program would need to receive in order to accomplish the goals of the programs.

413.

Energy code improvements applicable to manufactured housing

(a)

Establishment of standards

(1)

In general

Not later than 4 years after the date of enactment of this Act, the Secretary shall by regulation establish standards for energy efficiency in manufactured housing.

(2)

Notice, comment, and consultation

Standards described in paragraph (1) shall be established after—

(A)

notice and an opportunity for comment by manufacturers of manufactured housing and other interested parties; and

(B)

consultation with the Secretary of Housing and Urban Development, who may seek further counsel from the Manufactured Housing Consensus Committee.

(b)

Requirements

(1)

International Energy Conservation Code

The energy conservation standards established under this section shall be based on the most recent version of the International Energy Conservation Code (including supplements), except in cases in which the Secretary finds that the code is not cost-effective, or a more stringent standard would be more cost-effective, based on the impact of the code on the purchase price of manufactured housing and on total life-cycle construction and operating costs.

(2)

Considerations

The energy conservation standards established under this section may—

(A)

take into consideration the design and factory construction techniques of manufactured homes;

(B)

be based on the climate zones established by the Department of Housing and Urban Development rather than the climate zones under the International Energy Conservation Code; and

(C)

provide for alternative practices that result in net estimated energy consumption equal to or less than the specified standards.

(3)

Updating

The energy conservation standards established under this section shall be updated not later than—

(A)

1 year after the date of enactment of this Act; and

(B)

1 year after any revision to the International Energy Conservation Code.

(c)

Enforcement

Any manufacturer of manufactured housing that violates a provision of the regulations under subsection (a) is liable to the United States for a civil penalty in an amount not exceeding 1 percent of the manufacturer’s retail list price of the manufactured housing.

B

High-performance commercial buildings

421.

Commercial high-performance green buildings

(a)

Director of Commercial High-Performance Green Buildings

Notwithstanding any other provision of law, the Secretary, acting through the Assistant Secretary of Energy Efficiency and Renewable Energy, shall appoint a Director of Commercial High-Performance Green Buildings to a position in the career-reserved Senior Executive service, with the principal responsibility to—

(1)

establish and manage the Office of Commercial High-Performance Green Buildings; and

(2)

carry out other duties as required under this subtitle.

(b)

Qualifications

The Commercial Director shall be an individual, who by reason of professional background and experience, is specifically qualified to carry out the duties required under this subtitle.

(c)

Duties

The Commercial Director shall, with respect to development of high-performance green buildings and zero-energy commercial buildings nationwide—

(1)

coordinate the activities of the Office of Commercial High-Performance Green Buildings with the activities of the Office of Federal High-Performance Green Buildings;

(2)

develop the legal predicates and agreements for, negotiate, and establish one or more public-private partnerships with the Consortium, members of the Consortium, and other capable parties meeting the qualifications of the Consortium, to further such development;

(3)

represent the public and the Department in negotiating and performing in accord with such public-private partnerships;

(4)

use appropriated funds in an effective manner to encourage the maximum investment of private funds to achieve such development;

(5)

promote research and development of high performance green buildings, consistent with section 423; and

(6)

jointly establish with the Federal Director a national high-performance green building clearinghouse in accordance with section 423(1), which shall provide high-performance green building information and disseminate research results through—

(A)

outreach;

(B)

education; and

(C)

the provision of technical assistance.

(d)

Reporting

The Commercial Director shall report directly to the Assistant Secretary for Energy Efficiency and Renewable Energy, or to other senior officials in a way that facilitates the integrated program of this subtitle for both energy efficiency and renewable energy and both technology development and technology deployment.

(e)

Coordination

The Commercial Director shall ensure full coordination of high-performance green building information and activities, including activities under this subtitle, within the Federal Government by working with the General Services Administration and all relevant agencies, including, at a minimum—

(1)

the Environmental Protection Agency;

(2)

the Office of the Federal Environmental Executive;

(3)

the Office of Federal Procurement Policy;

(4)

the Department of Energy, particularly the Federal Energy Management Program;

(5)

the Department of Health and Human Services;

(6)

the Department of Housing and Urban Development;

(7)

the Department of Defense;

(8)

the National Institute of Standards and Technology;

(9)

the Department of Transportation;

(10)

the Office of Science Technology and Policy; and

(11)

such nonprofit high-performance green building rating and analysis entities as the Commercial Director determines can offer support, expertise, and review services.

(f)

High-Performance Green Building Partnership Consortium

(1)

Recognition

Not later than 90 days after the date of enactment of this Act, the Commercial Director shall formally recognize one or more groups that qualify as a high-performance green building partnership consortium.

(2)

Representation to qualify

To qualify under this section, any consortium shall include representation from—

(A)

the design professions, including national associations of architects and of professional engineers;

(B)

the development, construction, financial, and real estate industries;

(C)

building owners and operators from the public and private sectors;

(D)

academic and research organizations, including at least one national laboratory with extensive commercial building energy expertise;

(E)

building code agencies and organizations, including a model energy code-setting organization;

(F)

independent high-performance green building associations or councils;

(G)

experts in indoor air quality and environmental factors;

(H)

experts in intelligent buildings and integrated building information systems;

(I)

utility energy efficiency programs;

(J)

manufacturers and providers of equipment and techniques used in high performance green buildings;

(K)

public transportation industry experts; and

(L)

nongovernmental energy efficiency organizations.

(3)

Funding

The Secretary may make payments to the Consortium pursuant to the terms of a public-private partnership for such activities of the Consortium undertaken under such a partnership as described in this subtitle directly to the Consortium or through one or more of its members.

(g)

Report

Not later than 2 years after the date of enactment of this Act, and biennially thereafter, the Commercial Director, in consultation with the Consortium, shall submit to Congress a report that—

(1)

describes the status of the high-performance green building initiatives under this subtitle and other Federal programs affecting commercial high-performance green buildings in effect as of the date of the report, including—

(A)

the extent to which the programs are being carried out in accordance with this subtitle; and

(B)

the status of funding requests and appropriations for those programs; and

(2)

summarizes and highlights development, at the State and local level, of high-performance green building initiatives, including executive orders, policies, or laws adopted promoting high-performance green building (including the status of implementation of those initiatives).

422.

Zero Net Energy Commercial Buildings Initiative

(a)

Definitions

In this section:

(1)

Consortium

The term consortium means a High-Performance Green Building Consortium selected by the Commercial Director.

(2)

Initiative

The term initiative means the Zero-Net-Energy Commercial Buildings Initiative established under subsection (b)(1).

(3)

Zero-net-energy commercial building

The term zero-net-energy commercial building means a high-performance commercial building that is designed, constructed, and operated—

(A)

to require a greatly reduced quantity of energy to operate;

(B)

to meet the balance of energy needs from sources of energy that do not produce greenhouse gases;

(C)

in a manner that will result in no net emissions of greenhouse gases; and

(D)

to be economically viable.

(b)

Establishment

(1)

In general

The Commercial Director shall establish an initiative, to be known as the Zero-Net-Energy Commercial Buildings Initiative

(A)

to reduce the quantity of energy consumed by commercial buildings located in the United States; and

(B)

to achieve the development of zero net energy commercial buildings in the United States.

(2)

Consortium

(A)

In general

Not later than 180 days after the date of enactment of this Act, the Commercial Director shall competitively select, and enter into an agreement with, a consortium to develop and carry out the initiative.

(B)

Agreements

In entering into an agreement with a consortium under subparagraph (A), the Commercial Director shall use the authority described in section 646(g) of the Department of Energy Organization Act (42 U.S.C. 7256(g)), to the maximum extent practicable.

(c)

Goal of initiative

The goal of the initiative shall be to develop and disseminate technologies, practices, and policies for the development and establishment of zero net energy commercial buildings for—

(1)

any commercial building newly constructed in the United States by 2030;

(2)

50 percent of the commercial building stock of the United States by 2040; and

(3)

all commercial buildings in the United States by 2050.

(d)

Components

In carrying out the initiative, the Commercial Director, in consultation with the consortium, may—

(1)

conduct research and development on building science, design, materials, components, equipment and controls, operation and other practices, integration, energy use measurement, and benchmarking;

(2)

conduct pilot programs and demonstration projects to evaluate replicable approaches to achieving energy efficient commercial buildings for a variety of building types in a variety of climate zones;

(3)

conduct deployment, dissemination, and technical assistance activities to encourage widespread adoption of technologies, practices, and policies to achieve energy efficient commercial buildings;

(4)

conduct other research, development, demonstration, and deployment activities necessary to achieve each goal of the initiative, as determined by the Commercial Director, in consultation with the consortium;

(5)

develop training materials and courses for building professionals and trades on achieving cost-effective high-performance energy efficient buildings;

(6)

develop and disseminate public education materials to share information on the benefits and cost-effectiveness of high-performance energy efficient buildings;

(7)

support code-setting organizations and State and local governments in developing minimum performance standards in building codes that recognize the ready availability of many technologies utilized in high-performance energy efficient buildings;

(8)

develop strategies for overcoming the split incentives between builders and purchasers, and landlords and tenants, to ensure that energy efficiency and high-performance investments are made that are cost-effective on a lifecycle basis; and

(9)

develop improved means of measurement and verification of energy savings and performance for public dissemination.

(e)

Cost sharing

In carrying out this section, the Commercial Director shall require cost sharing in accordance with section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352).

(f)

Authorization of appropriations

There are authorized to be appropriated to carry out this section—

(1)

$20,000,000 for fiscal year 2008;

(2)

$50,000,000 for each of fiscal years 2009 and 2010;

(3)

$100,000,000 for each of fiscal years 2011 and 2012; and

(4)

$200,000,000 for each of fiscal years 2013 through 2018.

423.

Public outreach

The Commercial Director and Federal Director, in coordination with the Consortium, shall carry out public outreach to inform individuals and entities of the information and services available Governmentwide by—

(1)

establishing and maintaining a national high-performance green building clearinghouse, including on the internet, that—

(A)

identifies existing similar efforts and coordinates activities of common interest; and

(B)

provides information relating to high-performance green buildings, including hyperlinks to internet sites that describe the activities, information, and resources of—

(i)

the Federal Government;

(ii)

State and local governments;

(iii)

the private sector (including nongovernmental and nonprofit entities and organizations); and

(iv)

international organizations;

(2)

identifying and recommending educational resources for implementing high-performance green building practices, including security and emergency benefits and practices;

(3)

providing access to technical assistance, tools, and resources for constructing high-performance green buildings, particularly tools to conduct life-cycle costing and life-cycle assessment;

(4)

providing information on application processes for certifying a high-performance green building, including certification and commissioning;

(5)

providing to the public, through the Commercial Director, technical and research information or other forms of assistance or advice that would be useful in planning and constructing high-performance green buildings;

(6)

using such additional methods as are determined by the Commercial Director to be appropriate to conduct public outreach;

(7)

surveying existing research and studies relating to high-performance green buildings; and

(8)

coordinating activities of common interest.

C

High-performance Federal buildings

431.

Energy reduction goals for Federal buildings

Section 543(a)(1) of the National Energy Conservation Policy Act (42 U.S.C. 8253(a)(1)) is amended by striking the table and inserting the following:

Percentage
Fiscal year:reduction:
20062
20074
20089
200912
201015
201118
201221
201324
201427
201530.