H.R. 2998 (111th): American Clean Energy and Security Act of 2009

111th Congress, 2009–2010. Text as of Jun 23, 2009 (Introduced).

Status & Summary | PDF | Source: GPO

I

111th CONGRESS

1st Session

H. R. 2998

IN THE HOUSE OF REPRESENTATIVES

June 23, 2009

(for himself and Mr. Markey of Massachusetts) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Foreign Affairs, Ways and Means, Financial Services, Education and Labor, Science and Technology, Transportation and Infrastructure, Natural Resources, Agriculture, Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To create clean energy jobs, achieve energy independence, reduce global warming pollution and transition to a clean energy economy.


1.

Short title; table of contents

(a)

Short title

This Act may be cited as the American Clean Energy and Security Act of 2009.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

Sec. 3. International participation.

Title I—Clean Energy

Subtitle A—Combined Efficiency and Renewable Electricity Standard

Sec. 101. Combined efficiency and renewable electricity standard.

Sec. 102. Clarifying State authority to adopt renewable energy incentives.

Subtitle B—Carbon Capture and Sequestration

Sec. 111. National strategy.

Sec. 112. Regulations for geologic sequestration sites.

Sec. 813. Geologic sequestration sites.

Sec. 113. Studies and reports.

Sec. 114. Carbon capture and sequestration demonstration and early deployment program.

Sec. 115. Commercial deployment of carbon capture and sequestration technologies.

Sec. 786. Commercial deployment of carbon capture and sequestration technologies.

Sec. 116. Performance standards for coal-fueled power plants.

Sec. 812. Performance standards for new coal-fired power plants.

Subtitle C—Clean Transportation

Sec. 121. Electric vehicle infrastructure.

Sec. 122. Large-scale vehicle electrification program.

Sec. 123. Plug-in electric drive vehicle manufacturing.

Sec. 124. Investment in clean vehicles.

Sec. 125. Advanced technology vehicle manufacturing incentive loans.

Sec. 126. Amendment to renewable fuels standard.

Sec. 127. Open fuel standard.

Sec. 128. Diesel emissions reduction.

Sec. 129. Loan guarantees for projects to construct renewable fuel pipelines.

Subtitle D—State Energy and Environment Development Accounts

Sec. 131. Establishment of SEED Accounts.

Sec. 132. Support of State renewable energy and energy efficiency programs.

Sec. 133. Support of Indian renewable energy and energy efficiency programs.

Subtitle E—Smart Grid Advancement

Sec. 141. Definitions.

Sec. 142.  Assessment of Smart Grid cost effectiveness in products.

Sec. 143. Inclusions of Smart Grid capability on appliance ENERGY GUIDE labels.

Sec. 144. Smart Grid peak demand reduction goals.

Sec. 145.  Reauthorization of energy efficiency public information program to include Smart Grid information.

Sec. 146. Inclusion of Smart Grid features in appliance rebate program.

Subtitle F—Transmission Planning

Sec. 151. Transmission planning.

Sec. 152. Net metering for Federal agencies.

Sec. 153. Support for qualified advanced electric transmission manufacturing plants, qualified high efficiency transmission property, and qualified advanced electric transmission property.

Subtitle G—Technical Corrections to Energy Laws

Sec. 161. Technical corrections to Energy Independence and Security Act of 2007.

Sec. 162. Technical corrections to Energy Policy Act of 2005.

Subtitle H—Energy and Efficiency Centers and Research

Sec. 171. Energy Innovation Hubs.

Sec. 172. Advanced energy research.

Sec. 173. Building Assessment Centers.

Sec. 174. Centers for Energy and Environmental Knowledge and Outreach.

Subtitle I—Nuclear and Advanced Technologies

Sec. 181. Revisions to loan guarantee program authority.

Sec. 182. Purpose.

Sec. 183. Definitions.

Sec. 184. Clean energy investment fund.

Sec. 185. Energy technology deployment goals.

Sec. 186. Clean energy deployment administration.

Sec. 187. Direct support.

Sec. 188. Indirect support.

Sec. 189. Federal credit authority.

Sec. 190. General provisions.

Sec. 191. Conforming amendments.

Subtitle J—Miscellaneous

Sec. 195. Increased hydroelectric generation at existing Federal facilities.

Sec. 196. Clean technology business competition grant program.

Sec. 197. National Bioenergy Partnership.

Sec. 198. Office of Consumer Advocacy.

Title II—Energy Efficiency

Subtitle A—Building Energy Efficiency Programs

Sec. 201. Greater energy efficiency in building codes.

Sec. 202. Building retrofit program.

Sec. 203. Energy efficient manufactured homes.

Sec. 204. Building energy performance labeling program.

Sec. 205. Tree planting programs.

Sec. 206. Energy efficiency for data center buildings.

Subtitle B—Lighting and Appliance Energy Efficiency Programs

Sec. 211. Lighting efficiency standards.

Sec. 212. Other appliance efficiency standards.

Sec. 213. Appliance efficiency determinations and procedures.

Sec. 214. Best-in-Class Appliances Deployment Program.

Sec. 215. WaterSense.

Sec. 216. Federal procurement of water efficient products.

Sec. 217. Water efficient product rebate programs.

Sec. 218. Certified stoves program.

Sec. 219. Energy Star standards.

Subtitle C—Transportation Efficiency

Sec. 221. Emissions standards.

Part B—Mobile Sources

Sec. 821. Greenhouse gas emission standards for mobile sources.

Sec. 222. Greenhouse gas emissions reductions through transportation efficiency.

Part D—Transportation Emissions

Sec. 841. Greenhouse gas emissions reductions through transportation efficiency.

Sec. 223. SmartWay transportation efficiency program.

Sec. 822. SmartWay transportation efficiency program.

Sec. 224. State vehicle fleets.

Subtitle D—Industrial Energy Efficiency Programs

Sec. 241. Industrial plant energy efficiency standards.

Sec. 242. Electric and thermal waste energy recovery award program.

Sec. 243. Clarifying election of waste heat recovery financial incentives.

Sec. 244. Motor market assessment and commercial awareness program.

Sec. 245. Motor efficiency rebate program.

Subtitle E—Improvements in energy savings performance contracting

Sec. 251. Energy savings performance contracts.

Subtitle F—Public Institutions

Sec. 261. Public institutions.

Sec. 262. Community energy efficiency flexibility.

Sec. 263. Small community joint participation.

Sec. 264. Low income community energy efficiency program.

Subtitle G—Miscellaneous

Sec. 271. Energy efficient information and communications technologies.

Sec. 272. National energy efficiency goals.

Sec. 273. Affiliated island energy independence team.

Sec. 274. Product carbon disclosure program.

Title III—Reducing Global Warming Pollution

Sec. 301. Short title.

Subtitle A—Reducing Global Warming Pollution

Sec. 311. Reducing global warming pollution.

Title VII—Global Warming Pollution Reduction Program

Part A—Global Warming Pollution Reduction Goals and Targets

Sec. 701. Findings and purpose.

Sec. 702. Economy-wide reduction goals.

Sec. 703. Reduction targets for specified sources.

Sec. 704. Supplemental pollution reductions.

Sec. 705. Review and program recommendations.

Sec. 706. National Academy review.

Sec. 707. Presidential response and recommendations.

Part B—Designation and registration of greenhouse gases

Sec. 711. Designation of greenhouse gases.

Sec. 712. Carbon dioxide equivalent value of greenhouse gases.

Sec. 713. Greenhouse gas registry.

Part C—Program rules

Sec. 721. Emission allowances.

Sec. 722. Prohibition of excess emissions.

Sec. 723. Penalty for noncompliance.

Sec. 724. Trading.

Sec. 725. Banking and borrowing.

Sec. 726. Strategic reserve.

Sec. 727. Permits.

Sec. 728. International emission allowances.

Part D—Offsets

Sec. 731. Offsets Integrity Advisory Board.

Sec. 732. Establishment of offsets program.

Sec. 733. Eligible project types.

Sec. 734. Requirements for offset projects.

Sec. 735. Approval of offset projects.

Sec. 736. Verification of offset projects.

Sec. 737. Issuance of offset credits.

Sec. 738. Audits.

Sec. 739. Program review and revision.

Sec. 740. Early offset supply.

Sec. 741. Environmental considerations.

Sec. 742. Trading.

Sec. 743. International offset credits.

Part E—Supplemental Emissions Reductions from Reduced Deforestation

Sec. 751. Definitions.

Sec. 752. Findings.

Sec. 753. Supplemental emissions reductions through reduced deforestation.

Sec. 754. Requirements for international deforestation reduction program.

Sec. 755. Reports and reviews.

Sec. 756. Legal effect of part.

Sec. 312. Definitions.

Sec. 700. Definitions.

Subtitle B—Disposition of allowances

Sec. 321. Disposition of allowances for global warming pollution reduction program.

Part H—Disposition of allowances

Sec. 781. Allocation of allowances for supplemental reductions.

Sec. 782. Allocation of emission allowances.

Sec. 783. Electricity consumers.

Sec. 784. Natural gas consumers.

Sec. 785. Home heating oil, propane, and kerosene consumers.

Sec. 787. Allocations to refineries.

Sec. 788. SECTION RESERVED.

Sec. 789. Climate change consumer refunds.

Sec. 790. Exchange for State-issued allowances.

Sec. 791. Auction procedures.

Sec. 792. Auctioning allowances for other entities.

Sec. 793. Establishment of funds.

Sec. 794. Oversight of allocations.

Subtitle C—Additional greenhouse gas standards

Sec. 331. Greenhouse gas standards.

Title VIII—Additional Greenhouse Gas Standards

Sec. 801. Definitions.

Part A—Stationary Source Standards

Sec. 811. Standards of performance.

Part C—Exemptions From Other Programs

Sec. 831. Criteria pollutants.

Sec. 832. International air pollution.

Sec. 833. Hazardous air pollutants.

Sec. 834. New source review.

Sec. 835. Title V permits.

Sec. 332. HFC Regulation.

Sec. 333. Black carbon.

Part E—Black Carbon

Sec. 851. Black carbon.

Sec. 334. States.

Sec. 335. State programs.

Part F—Miscellaneous

Sec. 861. State programs.

Sec. 862. Grants for support of air pollution control programs.

Sec. 336. Enforcement.

Sec. 337. Conforming amendments.

Sec. 338. Davis-Bacon compliance.

Sec. 339. National strategy for domestic biological carbon sequestration.

Subtitle D—Carbon Market Assurance

Sec. 341. Carbon market assurance.

Subtitle E—Additional Market Assurance

Sec. 351. Regulation of certain transactions in derivatives involving energy commodities.

Sec. 352. No effect on authority of the Federal Energy Regulatory Commission.

Sec. 353. Inspector General of the Commodity Futures Trading Commission.

Sec. 354. Settlement and clearing through registered derivatives clearing organizations.

Sec. 355. Limitation on eligibility to purchase a credit default swap.

Sec. 356. Transaction fees.

Sec. 357. No effect on antitrust law or authority of the Federal Trade Commission.

Sec. 358. Regulation of carbon derivatives markets.

Sec. 359. Cease-and-desist authority.

Title IV—Transitioning to a Clean Energy Economy

Subtitle A—Ensuring Real Reductions in Industrial Emissions

Sec. 401. Ensuring real reductions in industrial emissions.

Part F—Ensuring Real Reductions in Industrial Emissions

Sec. 761. Purposes.

Sec. 762. International negotiations.

Sec. 763. Definitions.

Subpart 1—Emission Allowance Rebate Program

Sec. 764. Eligible industrial sectors.

Sec. 765. Distribution of emission allowance rebates.

Subpart 2—International Reserve Allowance Program

Sec. 766. International reserve allowance program.

Subpart 3—Presidential Determination

Sec. 767. Presidential reports and determinations.

Subtitle B—Green Jobs and Worker Transition

Part 1—Green Jobs

Sec. 421. Clean energy curriculum development grants.

Sec. 422. Increased funding for energy worker training program.

Part 2—Climate Change Worker Adjustment Assistance

Sec. 425. Petitions, eligibility requirements, and determinations.

Sec. 426. Program benefits.

Sec. 427. General provisions.

Subtitle C—Consumer assistance

Sec. 431. Energy refund program.

Sec. 432. Modification of earned income credit amount for individuals with no qualifying children.

Sec. 433. Protection of Social Security and Medicare trust funds.

Subtitle D—Exporting Clean Technology

Sec. 441. Findings and purposes.

Sec. 442. Definitions.

Sec. 443. Governance.

Sec. 444. Determination of eligible countries.

Sec. 445. Qualifying activities.

Sec. 446. Assistance.

Subtitle E—Adapting to Climate Change

Part 1—Domestic Adaptation

Subpart A—National Climate Change Adaptation Program

Sec. 451. Global change research and data management.

Sec. 452. National Climate Service.

Sec. 453. State programs to build resilience to climate change impacts.

Subpart B—Public Health and Climate Change

Sec. 461. Sense of Congress on public health and climate change.

Sec. 462. Relationship to other laws.

Sec. 463. National strategic action plan.

Sec. 464. Advisory board.

Sec. 465. Reports.

Sec. 466. Definitions.

Sec. 467. Climate Change Health Protection and Promotion Fund.

Subpart C—Natural resource adaptation

Sec. 471. Purposes.

Sec. 472. Natural resources climate change adaptation policy.

Sec. 473. Definitions.

Sec. 474. Council on Environmental Quality.

Sec. 475. Natural Resources Climate Change Adaptation Panel.

Sec. 476. Natural Resources Climate Change Adaptation Strategy.

Sec. 477. Natural resources adaptation science and information.

Sec. 478. Federal natural resource agency adaptation plans.

Sec. 479. State natural resources adaptation plans.

Sec. 480. Natural Resources Climate Change Adaptation Fund.

Sec. 481. National Wildlife Habitat and Corridors Information Program.

Sec. 482. Additional provisions regarding Indian tribes.

Part 2—International Climate Change Adaptation Program

Sec. 491. Findings and purposes.

Sec. 492. Definitions.

Sec. 493. International Climate Change Adaptation Program.

Sec. 494. Distribution of allowances.

Sec. 495. Bilateral assistance.

2.

Definitions

For purposes of this Act:

(1)

Administrator

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

(2)

State

The term State has the meaning given that term in section 302 of the Clean Air Act.

3.

International participation

The Administrator, in consultation with the Department of State and the United States Trade Representative, shall annually prepare and certify a report to the Congress regarding whether China and India have adopted greenhouse gas emissions standards at least as strict as those standards required under this Act. If the Administrator determines that China and India have not adopted greenhouse gas emissions standards at least as stringent as those set forth in this Act, the Administrator shall notify each Member of Congress of his determination, and shall release his determination to the media.

I

Clean Energy

A

Combined Efficiency and Renewable Electricity Standard

101.

Combined efficiency and renewable electricity standard

(a)

In general

Title VI of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 and following) is amended by adding at the end the following:

610.

Combined efficiency and renewable electricity standard

(a)

Definitions

For purposes of this section:

(1)

CHP savings

The term CHP savings means—

(A)

CHP system savings from a combined heat and power system that commences operation after the date of enactment of this section; and

(B)

the increase in CHP system savings from, at any time after the date of the enactment of this section, upgrading, replacing, expanding, or increasing the utilization of a combined heat and power system that commenced operation on or before the date of enactment of this section.

(2)

CHP system savings

The term CHP system savings means the increment of electric output of a combined heat and power system that is attributable to the higher efficiency of the combined system (as compared to the efficiency of separate production of the electric and thermal outputs).

(3)

Combined heat and power system

The term combined heat and power system means a system that uses the same energy source both for the generation of electrical or mechanical power and the production of steam or another form of useful thermal energy, provided that—

(A)

the system meets such requirements relating to efficiency and other operating characteristics as the Commission may promulgate by regulation; and

(B)

the net sales of electricity by the facility to customers not consuming the thermal output from that facility will not exceed 50 percent of total annual electric generation by the facility.

(4)

Customer facility savings

The term customer facility savings means a reduction in end-use electricity consumption (including recycled energy savings) at a facility of an end-use consumer of electricity served by a retail electric supplier, as compared to—

(A)

in the case of a new facility, consumption at a reference facility of average efficiency;

(B)

in the case of an existing facility, consumption at such facility during a base period, except as provided in subparagraphs (C) and (D);

(C)

in the case of new equipment that replaces existing equipment with remaining useful life, the projected consumption of the existing equipment for the remaining useful life of such equipment, and thereafter, consumption of new equipment of average efficiency of the same equipment type; and

(D)

in the case of new equipment that replaces existing equipment at the end of the useful life of the existing equipment, consumption by new equipment of average efficiency of the same equipment type.

(5)

Distributed renewable generation facility

The term distributed renewable generation facility means a facility that—

(A)

generates renewable electricity;

(B)

primarily serves 1 or more electricity consumers at or near the facility site; and

(C)

is no greater than—

(i)

2 megawatts in capacity; or

(ii)

4 megawatts in capacity, in the case of a facility that is placed in service after the date of enactment of this section and generates electricity from a renewable energy resource other than by means of combustion.

(6)

Electricity savings

The term electricity savings means reductions in electricity consumption, relative to business-as-usual projections, achieved through measures implemented after the date of enactment of this section, limited to—

(A)

customer facility savings of electricity, adjusted to reflect any associated increase in fuel consumption at the facility;

(B)

reductions in distribution system losses of electricity achieved by a retail electricity distributor, as compared to losses attributable to new or replacement distribution system equipment of average efficiency;

(C)

CHP savings; and

(D)

fuel cell savings.

(7)

Federal land

The term Federal land means land owned by the United States, other than land held in trust for an Indian or Indian tribe.

(8)

Federal renewable electricity credit

The term Federal renewable electricity credit means a credit, representing one megawatt hour of renewable electricity, issued pursuant to subsection (e).

(9)

Fuel cell

The term fuel cell means a device that directly converts the chemical energy of a fuel and an oxidant into electricity by electrochemical processes occurring at separate electrodes in the device.

(10)

Fuel cell savings

The term ‘fuel cell savings’ means the electricity saved by a fuel cell that is installed after the date of enactment of this section, or by upgrading a fuel cell that commenced operation on or before the date of enactment of this section, as a result of the greater efficiency with which the fuel cell transforms fuel into electricity as compared with sources of electricity delivered through the grid, provided that—

(A)

the fuel cell meets such requirements relating to efficiency and other operating characteristics as the Commission may promulgate by regulation; and

(B)

the net sales of electricity from the fuel cell to customers not consuming the thermal output from the fuel cell, if any, do not exceed 50 percent of the total annual electricity generation by the fuel cell.

(11)

High conservation priority land

The term high conservation priority land means land that is not Federal land and is—

(A)

globally or State ranked as critically imperiled or imperiled under a State Natural Heritage Program; or

(B)

old-growth or late-successional forest, as identified by the office of the relevant State Forester or relevant State agency with regulatory jurisdiction over forestry activities.

(12)

Other qualifying energy resource

The term other qualifying energy resource means any of the following:

(A)

Landfill gas.

(B)

Wastewater treatment gas.

(C)

Coal mine methane used to generate electricity at or near the mine mouth.

(D)

Qualified waste-to-energy.

(13)

Qualified hydropower

The term qualified hydropower means—

(A)

energy produced from increased efficiency achieved, or additions of capacity made, on or after January 1, 1992, at a hydroelectric facility that was placed in service before that date and does not include additional energy generated as a result of operational changes not directly associated with efficiency improvements or capacity additions; or

(B)

energy produced from generating capacity added to a dam on or after January 1, 1992, provided that the Commission certifies that—

(i)

the dam was placed in service before the date of the enactment of this section and was operated for flood control, navigation, or water supply purposes and was not producing hydroelectric power prior to the addition of such capacity;

(ii)

the hydroelectric project installed on the dam is licensed (or is exempt from licensing) by the Commission and is in compliance with the terms and conditions of the license or exemption, and with other applicable legal requirements for the protection of environmental quality, including applicable fish passage requirements; and

(iii)

the hydroelectric project installed on the dam is operated so that the water surface elevation at any given location and time that would have occurred in the absence of the hydroelectric project is maintained, subject to any license or exemption requirements that require changes in water surface elevation for the purpose of improving the environmental quality of the affected waterway.

(14)

Qualified waste-to-energy

The term qualified waste-to-energy means energy from the combustion of municipal solid waste or construction, demolition, or disaster debris, or from the gasification or pyrolization of such waste or debris and the combustion of the resulting gas at the same facility, provided that—

(A)

such term shall include only the energy derived from the non-fossil biogenic portion of such waste or debris;

(B)

the Commission determines, with the concurrence of the Administrator of the Environmental Protection Agency, that the total lifecycle greenhouse gas emissions attributable to the generation of electricity from such waste or debris are lower than those attributable to the likely alternative method of disposing of such waste or debris; and

(C)

the owner or operator of the facility generating electricity from such energy provides to the Commission, on an annual basis—

(i)

a certification that the facility is in compliance with all applicable State, tribal, and Federal environmental permits;

(ii)

in the case of a facility that commenced operation before the date of enactment of this section, a certification that the facility meets emissions standards promulgated under sections 112 or 129 of the Clean Air Act (42 U.S.C. 7412 or 7429) that apply as of the date of enactment of this section to new facilities within the relevant source category; and

(iii)

in the case of the combustion, pyrolization, or gasification of municipal solid waste, a certification that each local government unit from which such waste originates operates, participates in the operation of, contracts for, or otherwise provides for, recycling services for its residents.

(15)

Recycled energy savings

The term recycled energy savings means a reduction in electricity consumption that results from a modification of an industrial or commercial system that commenced operation before the date of enactment of this section, in order to recapture electrical, mechanical, or thermal energy that would otherwise be wasted.

(16)

Renewable biomass

The term renewable biomass means any of the following:

(A)

Plant material, including waste material, harvested or collected from actively managed agricultural land that was in cultivation, cleared, or fallow and nonforested on January 1, 2009.

(B)

Plant material, including waste material, harvested or collected from pastureland that was nonforested on January 1, 2009.

(C)

Nonhazardous vegetative matter derived from waste, including separated yard waste, landscape right-of-way trimmings, construction and demolition debris or food waste (but not municipal solid waste, recyclable waste paper, painted, treated or pressurized wood, or wood contaminated with plastic or metals).

(D)

Animal waste or animal byproducts, including products of animal waste digesters.

(E)

Algae.

(F)

Trees, brush, slash, residues, or any other vegetative matter removed from within 600 feet of any building, campground, or route designated for evacuation by a public official with responsibility for emergency preparedness, or from within 300 feet of a paved road, electric transmission line, utility tower, or water supply line.

(G)

Residues from or byproducts of milled logs.

(H)

Any of the following removed from forested land that is not Federal and is not high conservation priority land:

(i)

Trees, brush, slash, residues, interplanted energy crops, or any other vegetative matter removed from an actively managed tree plantation established—

(I)

prior to January 1, 2009; or

(II)

on land that, as of January 1, 2009, was cultivated or fallow and non-forested.

(ii)

Trees, logging residue, thinnings, cull trees, pulpwood, and brush removed from naturally-regenerated forests or other non-plantation forests, including for the purposes of hazardous fuel reduction or preventative treatment for reducing or containing insect or disease infestation.

(iii)

Logging residue, thinnings, cull trees, pulpwood, brush and species that are non-native and noxious, from stands that were planted and managed after January 1, 2009, to restore or maintain native forest types.

(iv)

Dead or severely damaged trees removed within 5 years of fire, blowdown, or other natural disaster, and badly infested trees.

(I)

Materials, pre-commercial thinnings, or removed invasive species from National Forest System land and public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), including those that are byproducts of preventive treatments (such as trees, wood, brush, thinnings, chips, and slash), that are removed as part of a federally recognized timber sale, or that are removed to reduce hazardous fuels, to reduce or contain disease or insect infestation, or to restore ecosystem health, and that are—

(i)

not from components of the National Wilderness Preservation System, Wilderness Study Areas, Inventoried Roadless Areas, old growth or mature forest stands, components of the National Landscape Conservation System, National Monuments, National Conservation Areas, Designated Primitive Areas, or Wild and Scenic Rivers corridors;

(ii)

harvested in environmentally sustainable quantities, as determined by the appropriate Federal land manager; and

(iii)

harvested in accordance with Federal and State law and applicable land management plans.

(17)

Renewable electricity

The term renewable electricity means electricity generated (including by means of a fuel cell) from a renewable energy resource or other qualifying energy resources.

(18)

Renewable energy resource

The term renewable energy resource means each of the following:

(A)

Wind energy.

(B)

Solar energy.

(C)

Geothermal energy.

(D)

Renewable biomass.

(E)

Biogas derived exclusively from renewable biomass.

(F)

Biofuels derived exclusively from renewable biomass.

(G)

Qualified hydropower.

(H)

Marine and hydrokinetic renewable energy, as that term is defined in section 632 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17211).

(19)

Retail electric supplier

(A)

In general

The term retail electric supplier means, for any given year, an electric utility that sold not less than 4,000,000 megawatt hours of electric energy to electric consumers for purposes other than resale during the preceding calendar year.

(B)

Inclusions and limitations

For purposes of determining whether an electric utility qualifies as a retail electric supplier under subparagraph (A)—

(i)

the sales of any affiliate of an electric utility to electric consumers, other than sales to the affiliate’s lessees or tenants, for purposes other than resale shall be considered to be sales of such electric utility; and

(ii)

sales by any electric utility to an affiliate, lessee, or tenant of such electric utility shall not be treated as sales to electric consumers.

(C)

Affiliate

For purposes of this paragraph, the term affiliate when used in relation to a person, means another person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, such person, as determined under regulations promulgated by the Commission.

(20)

Retail electric supplier’s base amount

The term retail electric supplier’s base amount means the total amount of electric energy sold by the retail electric supplier, expressed in megawatt hours, to electric customers for purposes other than resale during the relevant calendar year, excluding—

(A)

electricity generated by a hydroelectric facility that is not qualified hydropower;

(B)

electricity generated by a nuclear generating unit placed in service after the date of enactment of this section; and

(C)

the proportion of electricity generated by a fossil-fueled generating unit that is equal to the proportion of greenhouse gases produced by such unit that are captured and geologically sequestered.

(21)

Retire and retirement

The terms retire and retirement with respect to a Federal renewable electricity credit, means to disqualify such credit for any subsequent use under this section, regardless of whether the use is a sale, transfer, exchange, or submission in satisfaction of a compliance obligation.

(22)

Third-party efficiency provider

The term third-party efficiency provider means any retailer, building owner, energy service company, financial institution or other commercial, industrial or nonprofit entity that is capable of providing electricity savings in accordance with the requirements of this section.

(23)

Total annual electricity savings

The term total annual electricity savings means electricity savings during a specified calendar year from measures implemented since the date of the enactment of this section, taking into account verified measure lifetimes or verified annual savings attrition rates, as determined in accordance with such regulations as the Commission may promulgate and measured in megawatt hours.

(b)

Annual compliance obligation

(1)

In general

For each of calendar years 2012 through 2039, not later than March 31 of the following calendar year, each retail electric supplier shall submit to the Commission an amount of Federal renewable electricity credits and demonstrated total annual electricity savings that, in the aggregate, is equal to such retail electric supplier’s annual combined target as set forth in subsection (d), except as otherwise provided in subsection (g).

(2)

Demonstration of savings

For purposes of this subsection, submission of demonstrated total annual electricity savings means submission of a report that demonstrates, in accordance with the requirements of subsection (f), the total annual electricity savings achieved by the retail electric supplier within the relevant compliance year.

(3)

Renewable electricity credits portion

Except as provided in paragraph (4), each retail electric supplier must submit Federal renewable electricity credits equal to at least three quarters of the retail electric supplier’s annual combined target.

(4)

State petition

(A)

In general

Upon written request from the Governor of any State (including, for purposes of this paragraph, the Mayor of the District of Columbia), the Commission shall increase, to not more than two fifths, the proportion of the annual combined targets of retail electric suppliers located within such State that may be met through submission of demonstrated total annual electricity savings, provided that such increase shall be effective only with regard to the portion of a retail electric supplier’s annual combined target that is attributable to electricity sales within such State.

(B)

Contents

A Governor’s request under this paragraph shall include an explanation of the Governor’s rationale for determining, after consultation with the relevant State regulatory authority and other retail electricity ratemaking authorities within the State, to make such request. The request shall specify the maximum proportion of annual combined targets (not more than two fifths) that can be met through demonstrated total annual electricity savings, and the period for which such proportion shall be effective.

(C)

Revision

The Governor of any State may, after consultation with the relevant State regulatory authority and other retail electricity ratemaking authorities within the State, submit a written request for revocation or revision of a previous request submitted under this paragraph. The Commission shall grant such request, provided that—

(i)

any revocation or revision shall not apply to the combined annual target for any year that is any earlier than 2 calendar years after the calendar year in which such request is submitted, so as to provide retail electric suppliers with adequate notice of such change; and

(ii)

any revision shall meet the requirements of subparagraph (A).

(c)

Establishment of program

Not later than 1 year after the date of enactment of this section, the Commission shall promulgate regulations to implement and enforce the requirements of this section. In promulgating such regulations, the Commission shall, to the extent practicable—

(1)

preserve the integrity, and incorporate best practices, of existing State and tribal renewable electricity and energy efficiency programs;

(2)

rely upon existing and emerging State, tribal, or regional tracking systems that issue and track non-Federal renewable electricity credits; and

(3)

cooperate with the States and Indian tribes to facilitate coordination between State, tribal, and Federal renewable electricity and energy efficiency programs and to minimize administrative burdens and costs to retail electric suppliers.

(d)

Annual compliance requirement

(1)

Annual combined targets

For each of calendar years 2012 through 2039, a retail electric supplier’s annual combined target shall be the product of—

(A)

the required annual percentage for such year, as set forth in paragraph (2); and

(B)

the retail electric supplier’s base amount for such year.

(2)

Required annual percentage

For each of calendar years 2012 through 2039, the required annual percentage shall be as follows:

Calendar yearRequired annual percentage
20126.0
20136.0
20149.5
20159.5
201613.0
201713.0
201816.5
201916.5
202020.0
2021 through 203920.0
(e)

Federal renewable electricity credits

(1)

In general

The regulations promulgated under this section shall include provisions governing the issuance, tracking, and verification of Federal renewable electricity credits. Except as provided in paragraphs (2), (3), and (4) of this subsection, the Commission shall issue to each generator of renewable electricity, 1 Federal renewable electricity credit for each megawatt hour of renewable electricity generated by such generator after December 31, 2011. The Commission shall assign a unique serial number to each Federal renewable electricity credit.

(2)

Generation from certain State renewable electricity programs

Where renewable electricity is generated with the support of payments from a retail electric supplier pursuant to a State renewable electricity program (whether through State alternative compliance payments or through payments to a State renewable electricity procurement fund or entity), the Commission shall issue Federal renewable electricity credits to such retail electric supplier for the proportion of the relevant renewable electricity generation that is attributable to the retail electric supplier’s payments, as determined pursuant to regulations issued by the Commission. For any remaining portion of the relevant renewable electricity generation, the Commission shall issue Federal renewable electricity credits to the generator, as provided in paragraph (1), except that in no event shall more than 1 Federal renewable electricity credit be issued for the same megawatt hour of electricity. In determining how Federal renewable electricity credits will be apportioned among retail electric suppliers and generators in such circumstances, the Commission shall consider information and guidance furnished by the relevant State or States.

(3)

Certain power sales contracts

When a generator has sold renewable electricity to a retail electric supplier under a contract for power from a facility placed in service before the date of enactment of this section, and the contract does not provide for the determination of ownership of the Federal renewable electricity credits associated with such generation, the Commission shall issue such Federal renewable electricity credits to the retail electric supplier for the duration of the contract.

(4)

Credit multiplier for distributed renewable generation

(A)

In general

Except as provided in subparagraph (B), the Commission shall issue 3 Federal renewable electricity credits for each megawatt hour of renewable electricity generated by a distributed renewable generation facility.

(B)

Adjustment

Except as provided in subparagraph (C), not later than January 1, 2014, and not less frequently than every 4 years thereafter, the Commission shall review the effect of this paragraph and shall, as necessary, reduce the number of Federal renewable electricity credits per megawatt hour issued under this paragraph for any given energy source or technology, but not below 1, to ensure that such number is no higher than the Commission determines is necessary to make distributed renewable generation facilities using such source or technology cost competitive with other sources of renewable electricity generation.

(C)

Facilities placed in service after enactment

For any distributed renewable generation facility placed in service after the date of enactment of this section, subparagraph (B) shall not apply for the first 10 years after the date on which the facility is placed in service. For each year during such 10-year period, the Commission shall issue to the facility the same number of Federal renewable electricity credits per megawatt hour as are issued to that facility in the year in which such facility is placed in service. After such 10-year period, the Commission shall issue Federal renewable electricity credits to the facility in accordance with the current multiplier as determined pursuant to subparagraph (B).

(5)

Credits based on qualified hydropower

For purposes of this subsection, the number of Federal renewable electricity credits issued for qualified hydropower shall be calculated—

(A)

based solely on the increase in average annual generation directly resulting from the efficiency improvements or capacity additions described in subsection (a)(13)(A); and

(B)

using the same water flow information used to determine a historic average annual generation baseline for the hydroelectric facility, as certified by the Commission.

(6)

Generation from qualified waste-to-energy

In the case of electricity generated from the combustion of any municipal solid waste or construction, demolition, or disaster debris that is included in the definition of renewable biomass, or from the gasification or pyrolization of such waste or debris and the combustion of the resulting gas at the same facility, the Commission shall issue Federal renewable electricity credits only for electricity generated from qualified waste-to-energy.

(7)

Generation from mixed renewable and nonrenewable resources

If electricity is generated using both a renewable energy resource or other qualifying energy resource and an energy source that is not a renewable energy resource or other qualifying energy resource (as, for example, in the case of co-firing of renewable biomass and fossil fuel), the Commission shall issue Federal renewable electricity credits based on the proportion of the electricity that is attributable to the renewable energy resource or other qualifying energy resource.

(8)

Prohibition against double-counting

Except as provided in paragraph (4) of this subsection, the Commission shall ensure that no more than 1 Federal renewable electricity credit will be issued for any megawatt hour of renewable electricity and that no Federal renewable electricity credit will be used more than once for compliance with this section.

(9)

Trading

The lawful holder of a Federal renewable electricity credit may sell, exchange, transfer, submit for compliance in accordance with subsection (b), or submit such credit for retirement by the Commission.

(10)

Banking

A Federal renewable electricity credit may be submitted in satisfaction of the compliance obligation set forth in subsection (b) for the compliance year in which the credit was issued or for any of the 3 immediately subsequent compliance years. The Commission shall retire any Federal renewable electricity credit that has not been retired by April 2 of the calendar year that is 3 years after the calendar year in which the credit was issued.

(11)

Retirement

The Commission shall retire a Federal renewable electricity credit immediately upon submission by the lawful holder of such credit, whether in satisfaction of a compliance obligation under subsection (b) or on some other basis.

(f)

Electricity savings

(1)

Standards for measurement of savings

As part of the regulations promulgated under this section, the Commission shall prescribe standards and protocols for defining and measuring electricity savings and total annual electricity savings that can be counted towards the compliance obligation set forth in subsection (b). Such protocols and standards shall, at minimum—

(A)

specify the types of energy efficiency and energy conservation measures that can be counted;

(B)

require that energy consumption estimates for customer facilities or portions of facilities in the applicable base and current years be adjusted, as appropriate, to account for changes in weather, level of production, and building area;

(C)

account for the useful life of measures;

(D)

include deemed savings values for specific, commonly used measures;

(E)

allow for savings from a program to be estimated based on extrapolation from a representative sample of participating customers;

(F)

include procedures for counting CHP savings, recycled energy savings, and fuel cell savings;

(G)

include procedures for documenting measurable and verifiable electricity savings achieved as a result of market transformation efforts;

(H)

include procedures for counting electricity savings achieved by solar water heating and solar light pipe technology that has the capability to provide measurable data on the amount of megawatt-hours displaced;

(I)

avoid double-counting of savings used for compliance with this section, including savings that are transferred pursuant to paragraph (3);

(J)

ensure that, except as provided in subparagraph (L), the retail electric supplier claiming the savings played a significant role in achieving the savings (including through the activities of a designated agent of the supplier or through the purchase of transferred savings);

(K)

include savings from programs administered by a retail electric supplier (or a retail electricity distributor that is not a retail electric supplier) that are funded by State, Federal, or other sources;

(L)

in any State in which the State regulatory authority has designated 1 or more entities to administer electric ratepayer-funded efficiency programs approved by such State regulatory authority, provide that electricity savings achieved through such programs shall be distributed equitably among retail electric suppliers in accordance with the direction of the relevant State regulatory authority; and

(M)

exclude savings achieved as a result of compliance with mandatory appliance and equipment efficiency standards or building codes.

(2)

Standards for third-party verification of savings

The regulations promulgated under this section shall establish procedures and standards requiring third-party verification of all reported electricity savings, including requirements for accreditation of third-party verifiers to ensure that such verifiers are professionally qualified and have no conflicts of interest.

(3)

Transfers of savings

(A)

Bilateral contracts for savings transfers

Subject to the limitations of this paragraph, a retail electric supplier may use electricity savings transferred, pursuant to a bilateral contract, from another retail electric supplier, an owner of an electric distribution facility that is not a retail electric supplier, a State, or a third-party efficiency provider to meet the applicable compliance obligation under subsection (b).

(B)

Requirements

Electricity savings transferred and used for compliance pursuant to this paragraph shall be—

(i)

measured and verified in accordance with the procedures specified under this subsection;

(ii)

reported in accordance with paragraph (4) of this subsection; and

(iii)

achieved within the same State as is served by the retail electric supplier.

(C)

Regulatory approval

Nothing in this paragraph shall limit or affect the authority of a State regulatory authority to require a retail electric supplier that is regulated by such authority to obtain such authority’s authorization or approval of a contract for transfer of savings under this paragraph.

(4)

Reporting savings

(A)

Requirements

The regulations promulgated under this section shall establish requirements governing the submission of reports to demonstrate, in accordance with the protocols and standards for measurement and third-party verification established under this subsection, the total annual electricity savings achieved by a retail electric supplier within the relevant year.

(B)

Review and approval

The Commission shall review each report submitted to the Commission by a retail electric supplier and shall exclude any electricity savings that have not been adequately demonstrated in accordance with the requirements of this subsection.

(5)

State administration

(A)

Delegation of authority

Upon receipt of an application from the Governor of a State (including, for purposes of this subsection, the Mayor of the District of Columbia), the Commission may delegate to the State the authority to review and verify reported electricity savings for purposes of determining demonstrated total annual electricity savings that may be counted towards a retail electric supplier’s compliance obligation under subsection (b). The Commission shall make a substantive determination approving or disapproving a State application under this subparagraph, after notice and comment, within 180 days of receipt of a complete application.

(B)

Alternative measurement and verification procedures and standards

As part of an application submitted under subparagraph (A), a State may request to use alternative measurement and verification procedures and standards to those specified in paragraphs (1) and (2), provided the State demonstrates that such alternative procedures and standards provide a level of accuracy of measurement and verification at least equivalent to the Federal procedures and standards promulgated under paragraphs (1) and (2).

(C)

Review of State implementation

The Commission shall, not less frequently than once every 4 years, review each State’s implementation of delegated authority under this paragraph to ensure conformance with the requirements of this section. The Commission may, at any time, revoke the delegation of authority under this section upon a finding that the State is not implementing its delegated responsibilities in conformity with this paragraph. As a condition of maintaining its delegated authority under this paragraph, the Commission may require a State to submit a revised application under subparagraph (A) if the Commission has—

(i)

promulgated new or substantially revised measurement and verification procedures and standards under this subsection; or

(ii)

otherwise substantially revised the program established under this section.

(g)

Alternative compliance payments

(1)

In general

A retail electric supplier may satisfy the requirements of subsection (b) in whole or in part by submitting in accordance with this subsection, in lieu of each Federal renewable electricity credit or megawatt hour of demonstrated total annual electricity savings that would otherwise be due, a payment equal to $25, adjusted for inflation on January 1 of each year following calendar year 2009, in accordance with such regulations as the Commission may promulgate.

(2)

Payment to State funds

Except as otherwise provided in this paragraph, payments made under this subsection shall be made directly to the State or States in which the retail electric supplier is located, in proportion to the portion of the retail electric supplier’s base amount that is sold within each relevant State, provided that such payments are deposited directly into a fund in the State treasury established for this purpose and that the State uses such funds in accordance with paragraphs (3) and (4). If the Commission determines at any time that a State is in substantial noncompliance with paragraph (3) or (4), the Commission shall direct that any future alternative compliance payments that would otherwise be paid to such State under this subsection shall instead be paid to the Commission and deposited in the United States Treasury.

(3)

State use of funds

As a condition of continued receipt of alternative compliance payments pursuant to this subsection, a State shall use such payments exclusively for the purposes of—

(A)

deploying technologies that generate electricity from renewable energy resources; or

(B)

implementing cost-effective energy efficiency programs to achieve electricity savings.

(4)

Reporting

As a condition of continued receipt of alternative compliance payments pursuant to this subsection, a State shall, within 12 months of receipt of any such payments and at 12-month intervals thereafter until such payments are expended, provide a report to the Commission, in accordance with such regulations as the Commission may prescribe, giving a full accounting of the use of such payments, including a detailed description of the activities funded thereby.

(h)

Information collection

The Commission may require any retail electric supplier, renewable electricity generator, or such other entities as the Commission deems appropriate, to provide any information the Commission determines appropriate to carry out this section. Failure to submit such information or submission of false or misleading information under this subsection shall be a violation of this section.

(i)

Enforcement and judicial review

(1)

Failure to submit credits or demonstrate savings

If any person fails to comply with the requirements of subsection (b) or (g), such person shall be liable to pay to the Commission a civil penalty equal to the product of—

(A)

double the alternative compliance payment calculated under subsection (g)(1), and

(B)

the aggregate quantity of Federal renewable electricity credits, total annual electricity savings, or equivalent alternative compliance payments that the person failed to submit in violation of the requirements of subsections (b) and (g).

(2)

Enforcement

The Commission shall assess a civil penalty under paragraph (1) in accordance with the procedures described in section 31(d) of the Federal Power Act (16 U.S.C. 823b(d)).

(3)

Violation of requirement of regulations or orders

Any person who violates, or fails or refuses to comply with, any requirement of a regulation promulgated or order issued under this section shall be subject to a civil penalty under section 316A(b) of the Federal Power Act (16 U.S.C. 825o–1). Such penalty shall be assessed by the Commission in the same manner as in the case of a violation referred to in section 316A(b) of such Act.

(j)

Judicial review

Any person aggrieved by a final action taken by the Commission under this section, other than the assessment of a civil penalty under subsection (i), may use the procedures for review described in section 313 of the Federal Power Act (16 U.S.C. 825l). For purposes of this paragraph, references to an order in section 313 of such Act shall be deemed to refer also to all other final actions of the Commission under this section other than the assessment of a civil penalty under subsection (i).

(k)

Savings provisions

Nothing in this section shall—

(1)

diminish or qualify any authority of a State, a political subdivision of a State, or an Indian tribe to—

(A)

adopt or enforce any law or regulation respecting renewable electricity or energy efficiency, including any law or regulation establishing requirements more stringent than those established by this section, provided that no such law or regulation may relieve any person of any requirement otherwise applicable under this section; or

(B)

regulate the acquisition and disposition of Federal renewable electricity credits by retail electric suppliers within the jurisdiction of such State, political subdivision, or Indian tribe, including the authority to require such retail electric supplier to acquire and submit to the Secretary for retirement Federal renewable electricity credits in excess of those submitted under this section; or

(2)

affect the application of, or the responsibility for compliance with, any other provision of law or regulation, including environmental and licensing requirements.

(l)

Sunset

This section expires on December 31, 2040.

.

(b)

Conforming amendment

The table of contents set forth in section 1(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 and following) is amended by inserting after the item relating to section 609 the following:

Sec. 610. Combined efficiency and renewable electricity standard.

.

102.

Clarifying State authority to adopt renewable energy incentives

Section 210 of the Public Utility Regulatory Policies Act of 1978 is amended by adding at the end thereof:

(o)

Clarification of State authority to adopt renewable energy incentives

Notwithstanding any other provision of this Act or the Federal Power Act, a State legislature or regulatory authority may set the rates for a sale of electric energy by a facility generating electric energy from renewable energy sources pursuant to a State-approved production incentive program under which the facility voluntarily sells electric energy. For purposes of this subsection, State-approved production incentive program means a requirement imposed pursuant to State law, or by a State regulatory authority acting within its authority under State law, that an electric utility purchase renewable energy (as defined in section 609 of this Act) at a specified rate.

.

B

Carbon Capture and Sequestration

111.

National strategy

(a)

In general

Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Energy, the Secretary of the Interior, and the heads of such other relevant Federal agencies as the President may designate, shall submit to Congress a report setting forth a unified and comprehensive strategy to address the key legal, regulatory and other barriers to the commercial-scale deployment of carbon capture and sequestration.

(b)

Barriers

The report under this section shall—

(1)

identify those regulatory, legal, and other gaps and barriers that could be addressed by a Federal agency using existing statutory authority, those, if any, that require Federal legislation, and those that would be best addressed at the State, tribal, or regional level;

(2)

identify regulatory implementation challenges, including those related to approval of State and tribal programs and delegation of authority for permitting; and

(3)

recommend rulemakings, Federal legislation, or other actions that should be taken to further evaluate and address such barriers.

112.

Regulations for geologic sequestration sites

(a)

Coordinated Certification and Permitting Process

Title VIII of the Clean Air Act, as added by section 331 of this Act, is amended by adding after section 812 (as added by section 116 of this Act) the following:

813.

Geologic sequestration sites

(a)

Coordinated process

The Administrator shall establish a coordinated approach to certifying and permitting geologic sequestration, taking into consideration all relevant statutory authorities. In establishing such approach, the Administrator shall—

(1)

take into account, and reduce redundancy with, the requirements of section 1421 of the Safe Drinking Water Act (42 U.S.C. 300h), as amended by section 112(b) of the American Clean Energy and Security Act of 2009, including the rulemaking for geologic sequestration wells described at 73 Fed. Reg. 43491-541 (July 25, 2008); and

(2)

to the extent practicable, reduce the burden on certified entities and implementing authorities.

(b)

Regulations

Not later than 2 years after the date of enactment of this title, the Administrator shall promulgate regulations to protect human health and the environment by minimizing the risk of escape to the atmosphere of carbon dioxide injected for purposes of geologic sequestration.

(c)

Requirements

The regulations under subsection (b) shall include—

(1)

a process to obtain certification for geologic sequestration under this section; and

(2)

requirements for—

(A)

monitoring, record keeping, and reporting for emissions associated with injection into, and escape from, geologic sequestration sites, taking into account any requirements or protocols developed under section 713;

(B)

public participation in the certification process that maximizes transparency;

(C)

the sharing of data between States, Indian tribes, and the Environmental Protection Agency; and

(D)

other elements or safeguards necessary to achieve the purpose set forth in subsection (b).

(d)

Report

Not later than 2 years after the promulgation of regulations under subsection (b), and at 3-year intervals thereafter, the Administrator shall deliver to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on geologic sequestration in the United States, and, to the extent relevant, other countries in North America. Such report shall include—

(1)

data regarding injection, emissions to the atmosphere, if any, and performance of active and closed geologic sequestration sites, including those where enhanced hydrocarbon recovery operations occur;

(2)

an evaluation of the performance of relevant Federal environmental regulations and programs in ensuring environmentally protective geologic sequestration practices;

(3)

recommendations on how such programs and regulations should be improved or made more effective; and

(4)

other relevant information.

.

(b)

Safe Drinking Water Act standards

Section 1421 of the Safe Drinking Water Act (42 U.S.C. 300h) is amended by inserting after subsection (d) the following:

(e)

Carbon dioxide geologic sequestration wells

(1)

In general

Not later than 1 year after the date of enactment of this subsection, the Administrator shall promulgate regulations under subsection (a) for carbon dioxide geologic sequestration wells.

(2)

Financial responsibility

The regulations referred to in paragraph (1) shall include requirements for maintaining evidence of financial responsibility, including financial responsibility for emergency and remedial response, well plugging, site closure, and post-injection site care. Financial responsibility may be established for carbon dioxide geologic sequestration wells in accordance with regulations promulgated by the Administrator by any one, or any combination, of the following: insurance, guarantee, trust, standby trust, surety bond, letter of credit, qualification as a self-insurer, or any other method satisfactory to the Administrator.

.

113.

Studies and reports

(a)

Study of legal framework for geologic sequestration sites

(1)

Establishment of task force

As soon as practicable, but not later than 6 months after the date of enactment of this Act, the Administrator shall establish a task force to be composed of an equal number of subject matter experts, nongovernmental organizations with expertise in environmental policy, academic experts with expertise in environmental law, State and tribal officials with environmental expertise, representatives of State and tribal Attorneys General, representatives from the Environmental Protection Agency, the Department of the Interior, the Department of Energy, the Department of Transportation, and other relevant Federal agencies, and members of the private sector, to conduct a study of—

(A)

existing Federal environmental statutes, State environmental statutes, and State common law that apply to geologic sequestration sites for carbon dioxide, including the ability of such laws to serve as risk management tools;

(B)

the existing statutory framework, including Federal and State laws, that apply to harm and damage to the environment or public health at closed sites where carbon dioxide injection has been used for enhanced hydrocarbon recovery;

(C)

the statutory framework, environmental health and safety considerations, implementation issues, and financial implications of potential models for Federal, State, or private sector assumption of liabilities and financial responsibilities with respect to closed geologic sequestration sites;

(D)

private sector mechanisms, including insurance and bonding, that may be available to manage environmental, health and safety risk from closed geologic sequestration sites; and

(E)

the subsurface mineral rights, water rights, or property rights issues associated with geologic sequestration of carbon dioxide, including issues specific to Federal lands.

(2)

Report

Not later than 18 months after the date of enactment of this Act, the task force established under paragraph (1) shall submit to Congress a report describing the results of the study conducted under that paragraph including any consensus recommendations of the task force.

(b)

Environmental statutes

(1)

Study

The Administrator shall conduct a study examining how, and under what circumstances, the environmental statutes for which the Environmental Protection Agency has responsibility would apply to carbon dioxide injection and geologic sequestration activities.

(2)

Report

Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the results of the study conducted under paragraph (1).

114.

Carbon capture and sequestration demonstration and early deployment program

(a)

Definitions

For purposes of this section:

(1)

Secretary

The term Secretary means the Secretary of Energy.

(2)

Distribution utility

The term distribution utility means an entity that distributes electricity directly to retail consumers under a legal, regulatory, or contractual obligation to do so.

(3)

Electric utility

The term electric utility has the meaning provided by section 3(22) of the Federal Power Act (16 U.S.C. 796(22)).

(4)

Fossil fuel-based electricity

The term fossil fuel-based electricity means electricity that is produced from the combustion of fossil fuels.

(5)

Fossil fuel

The term fossil fuel means coal, petroleum, natural gas or any derivative of coal, petroleum, or natural gas.

(6)

Corporation

The term Corporation means the Carbon Storage Research Corporation established in accordance with this section.

(7)

Qualified industry organization

The term qualified industry organization means the Edison Electric Institute, the American Public Power Association, the National Rural Electric Cooperative Association, a successor organization of such organizations, or a group of owners or operators of distribution utilities delivering fossil fuel-based electricity who collectively represent at least 20 percent of the volume of fossil fuel-based electricity delivered by distribution utilities to consumers in the United States.

(8)

Retail consumer

The term “retail consumer” means an end-user of electricity.

(b)

Carbon Storage Research Corporation

(1)

Establishment

(A)

Referendum

Qualified industry organizations may conduct, at their own expense, a referendum among the owners or operators of distribution utilities delivering fossil fuel-based electricity for the creation of a Carbon Storage Research Corporation. Such referendum shall be conducted by an independent auditing firm agreed to by the qualified industry organizations. Voting rights in such referendum shall be based on the quantity of fossil fuel-based electricity delivered to consumers in the previous calendar year or other representative period as determined by the Secretary pursuant to subsection (f). Upon approval of those persons representing two-thirds of the total quantity of fossil fuel-based electricity delivered to retail consumers, the Corporation shall be established unless opposed by the State regulatory authorities pursuant to subparagraph (B). All distribution utilities voting in the referendum shall certify to the independent auditing firm the quantity of fossil fuel-based electricity represented by their vote.

(B)

State regulatory authorities

Upon its own motion or the petition of a qualified industry organization, each State regulatory authority shall consider its support or opposition to the creation of the Corporation under subparagraph (A). State regulatory authorities may notify the independent auditing firm referred to in subparagraph (A) of their views on the creation of the Corporation within 180 days after the date of enactment of this Act. If 40 percent or more of the State regulatory authorities submit to the independent auditing firm written notices of opposition, the Corporation shall not be established notwithstanding the approval of the qualified industry organizations as provided in subparagraph (A).

(2)

Termination

The Corporation shall be authorized to collect assessments and conduct operations pursuant to this section for a 10-year period from the date 6 months after the date of enactment of this Act. After such 10-year period, the Corporation is no longer authorized to collect assessments and shall be dissolved on the date 15 years after such date of enactment, unless the period is extended by an Act of Congress.

(3)

Governance

The Corporation shall operate as a division or affiliate of the Electric Power Research Institute (referred to in this section as EPRI) and be managed by a Board of not more than 15 voting members responsible for its operations, including compliance with this section. EPRI, in consultation with the Edison Electric Institute, the American Public Power Association and the National Rural Electric Cooperative Association shall appoint the Board members under clauses (i), (ii), and (iii) of subparagraph (A) from among candidates recommended by those organizations. At least a majority of the Board members appointed by EPRI shall be representatives of distribution utilities subject to assessments under subsection (d).

(A)

Members

The Board shall include at least one representative of each of the following:

(i)

Investor-owned utilities.

(ii)

Utilities owned by a State agency, a municipality, and an Indian tribe.

(iii)

Rural electric cooperatives.

(iv)

Fossil fuel producers.

(v)

Nonprofit environmental organizations.

(vi)

Independent generators or wholesale power providers.

(vii)

Consumer groups.

(B)

Nonvoting Members

The Board shall also include as additional nonvoting Members the Secretary of Energy or his designee and 2 representatives of State regulatory authorities as defined in section 3(17) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602(17)), each designated by the National Association of State Regulatory Utility Commissioners from States that are not within the same transmission interconnection.

(4)

Compensation

Corporation Board members shall receive no compensation for their services, nor shall Corporation Board members be reimbursed for expenses relating to their service.

(5)

Terms

Corporation Board members shall serve terms of 4 years and may serve not more than 2 full consecutive terms. Members filling unexpired terms may serve not more than a total of 8 consecutive years. Former members of the Corporation Board may be reappointed to the Corporation Board if they have not been members for a period of 2 years. Initial appointments to the Corporation Board shall be for terms of 1, 2, 3, and 4 years, staggered to provide for the selection of 3 members each year.

(6)

Status of Corporation

The Corporation shall not be considered to be an agency, department, or instrumentality of the United States, and no officer or director or employee of the Corporation shall be considered to be an officer or employee of the United States Government, for purposes of title 5 or title 31 of the United States Code, or for any other purpose, and no funds of the Corporation shall be treated as public money for purposes of chapter 33 of title 31, United States Code, or for any other purpose.

(c)

Functions and administration of the Corporation

(1)

In general

The Corporation shall establish and administer a program to accelerate the commercial availability of carbon dioxide capture and storage technologies and methods, including technologies which capture and store, or capture and convert, carbon dioxide. Under such program competitively awarded grants, contracts, and financial assistance shall be provided and entered into with eligible entities. Except as provided in paragraph (8), the Corporation shall use all funds derived from assessments under subsection (d) to issue grants and contracts to eligible entities.

(2)

Purpose

The purposes of the grants, contracts, and assistance under this subsection shall be to support commercial-scale demonstrations of carbon capture or storage technology projects capable of advancing the technologies to commercial readiness. Such projects should encompass a range of different coal and other fossil fuel varieties, be geographically diverse, involve diverse storage media, and employ capture or storage, or capture and conversion, technologies potentially suitable either for new or for retrofit applications. The Corporation shall seek, to the extent feasible, to support at least 5 commercial-scale demonstration projects integrating carbon capture and sequestration or conversion technologies.

(3)

Eligible entities

Entities eligible for grants, contracts or assistance under this subsection may include distribution utilities, electric utilities and other private entities, academic institutions, national laboratories, Federal research agencies, State and tribal research agencies, nonprofit organizations, or consortiums of 2 or more entities. Pilot-scale and similar small-scale projects are not eligible for support by the Corporation. Owners or developers of projects supported by the Corporation shall, where appropriate, share in the costs of such projects.

(4)

Grants for early movers

Fifty percent of the funds raised under this section shall be provided in the form of grants to electric utilities that had, prior to the award of any grant under this section, committed resources to deploy a large scale electricity generation unit with integrated carbon capture and sequestration or conversion applied to a substantial portion of the unit’s carbon dioxide emissions.  Grant funds shall be provided to defray costs incurred by such electricity utilities for at least 5 such electricity generation units.

(5)

Administration

The members of the Board of Directors of the Corporation shall elect a Chairman and other officers as necessary, may establish committees and subcommittees of the Corporation, and shall adopt rules and bylaws for the conduct of business and the implementation of this section. The Board shall appoint an Executive Director and professional support staff who may be employees of the Electric Power Research Institute (EPRI). After consultation with the Technical Advisory Committee established under subsection (j), the Secretary, and the Director of the National Energy Technology Laboratory to obtain advice and recommendations on plans, programs, and project selection criteria, the Board shall establish priorities for grants, contracts, and assistance; publish requests for proposals for grants, contracts, and assistance; and award grants, contracts, and assistance competitively, on the basis of merit, after the establishment of procedures that provide for scientific peer review by the Technical Advisory Committee. The Board shall give preference to applications that reflect the best overall value and prospect for achieving the purposes of the section, such as those which demonstrate an integrated approach for capture and storage or capture and conversion technologies. The Board members shall not participate in making grants or awards to entities with whom they are affiliated.

(6)

Uses of grants, contracts, and assistance

A grant, contract, or other assistance provided under this subsection may be used to purchase carbon dioxide when needed to conduct tests of carbon dioxide storage sites, in the case of established projects that are storing carbon dioxide emissions, or for other purposes consistent with the purposes of this section. The Corporation shall make publicly available at no cost information learned as a result of projects which it supports financially.

(7)

Intellectual property

The Board shall establish policies regarding the ownership of intellectual property developed as a result of Corporation grants and other forms of technology support. Such policies shall encourage individual ingenuity and invention.

(8)

Administrative expenses

Up to 5 percent of the funds collected in any fiscal year under subsection (d) may be used for the administrative expenses of operating the Corporation (not including costs incurred in the determination and collection of the assessments pursuant to subsection (d)).

(9)

Programs and budget

Before August 1 each year, the Corporation, after consulting with the Technical Advisory Committee and the Secretary and the Director of the Department’s National Energy Technology Laboratory and other interested parties to obtain advice and recommendations, shall publish for public review and comment its proposed plans, programs, project selection criteria, and projects to be funded by the Corporation for the next calendar year. The Corporation shall also publish for public review and comment a budget plan for the next calendar year, including the probable costs of all programs, projects, and contracts and a recommended rate of assessment sufficient to cover such costs. The Secretary may recommend programs and activities the Secretary considers appropriate. The Corporation shall include in the first publication it issues under this paragraph a strategic plan or roadmap for the achievement of the purposes of the Corporation, as set forth in paragraph (2).

(10)

Records; audits

The Corporation shall keep minutes, books, and records that clearly reflect all of the acts and transactions of the Corporation and make public such information. The books of the Corporation shall be audited by a certified public accountant at least once each fiscal year and at such other times as the Corporation may designate. Copies of each audit shall be provided to the Congress, all Corporation board members, all qualified industry organizations, each State regulatory authority and, upon request, to other members of the industry. If the audit determines that the Corporation’s practices fail to meet generally accepted accounting principles the assessment collection authority of the Corporation under subsection (d) shall be suspended until a certified public accountant renders a subsequent opinion that the failure has been corrected. The Corporation shall make its books and records available for review by the Secretary or the Comptroller General of the United States.

(11)

Public Access

The Corporation Board’s meetings shall be open to the public and shall occur after at least 30 days advance public notice. Meetings of the Board of Directors may be closed to the public where the agenda of such meetings includes only confidential matters pertaining to project selection, the award of grants or contracts, personnel matters, or the receipt of legal advice. The minutes of all meetings of the Corporation shall be made available to and readily accessible by the public.

(12)

Annual report

Each year the Corporation shall prepare and make publicly available a report which includes an identification and description of all programs and projects undertaken by the Corporation during the previous year. The report shall also detail the allocation or planned allocation of Corporation resources for each such program and project. The Corporation shall provide its annual report to the Congress, the Secretary, each State regulatory authority, and upon request to the public. The Secretary shall, not less than 60 days after receiving such report, provide to the President and Congress a report assessing the progress of the Corporation in meeting the objectives of this section.

(d)

Assessments

(1)

Amount

(A)

In all calendar years following its establishment, the Corporation shall collect an assessment on distribution utilities for all fossil fuel-based electricity delivered directly to retail consumers (as determined under subsection (f)). The assessments shall reflect the relative carbon dioxide emission rates of different fossil fuel-based electricity, and initially shall be not less than the following amounts for coal, natural gas, and oil:

Fuel typeRate of assessment per kilowatt hour
Coal$0.00043
Natural Gas$0.00022
Oil$0.00032.
(B)

The Corporation is authorized to adjust the assessments on fossil fuel-based electricity to reflect changes in the expected quantities of such electricity from different fuel types, such that the assessments generate not less than $1.0 billion and not more than $1.1 billion annually. The Corporation is authorized to supplement assessments through additional financial commitments.

(2)

Investment of funds

Pending disbursement pursuant to a program, plan, or project, the Corporation may invest funds collected through assessments under this subsection, and any other funds received by the Corporation, only in obligations of the United States or any agency thereof, in general obligations of any State or any political subdivision thereof, in any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System, or in obligations fully guaranteed as to principal and interest by the United States.

(3)

Reversion of unused funds

If the Corporation does not disburse, dedicate or assign 75 percent or more of the available proceeds of the assessed fees in any calendar year 7 or more years following its establishment, due to an absence of qualified projects or similar circumstances, it shall reimburse the remaining undedicated or unassigned balance of such fees, less administrative and other expenses authorized by this section, to the distribution utilities upon which such fees were assessed, in proportion to their collected assessments.

(e)

ERCOT

(1)

Assessment, collection, and remittance

(A)

Notwithstanding any other provision of this section, within ERCOT, the assessment provided for in subsection (d) shall be—

(i)

levied directly on qualified scheduling entities, or their successor entities;

(ii)

charged consistent with other charges imposed on qualified scheduling entities as a fee on energy used by the load-serving entities; and

(iii)

collected and remitted by ERCOT to the Corporation in the amounts and in the same manner as set forth in subsection (d).

(B)

The assessment amounts referred to in subparagraph (A) shall be—

(i)

determined by the amount and types of fossil fuel-based electricity delivered directly to all retail customers in the prior calendar year beginning with the year ending immediately prior to the period described in subsection (b)(2); and

(ii)

take into account the number of renewable energy credits retired by the load-serving entities represented by a qualified scheduling entity within the prior calendar year.

(2)

Administration expenses

Up to 1 percent of the funds collected in any fiscal year by ERCOT under the provisions of this subsection may be used for the administrative expenses incurred in the determination, collection and remittance of the assessments to the Corporation.

(3)

Audit

ERCOT shall provide a copy of its annual audit pertaining to the administration of the provisions of this subsection to the Corporation.

(4)

Definitions

For the purposes of this subsection:

(A)

The term “ERCOT” means the Electric Reliability Council of Texas.

(B)

The term “load-serving entities” has the meaning adopted by ERCOT Protocols and in effect on the date of enactment of this Act.

(C)

The term “qualified scheduling entities” has the meaning adopted by ERCOT Protocols and in effect on the date of enactment of this Act.

(D)

The term “renewable energy credit” has the meaning as promulgated and adopted by the Public Utility Commission of Texas pursuant to section 39.904(b) of the Public Utility Regulatory Act of 1999, and in effect on the date of enactment of this Act.

(f)

Determination of fossil fuel-based electricity deliveries

(1)

Findings

The Congress finds that:

(A)

The assessments under subsection (d) are to be collected based on the amount of fossil fuel-based electricity delivered by each distribution utility.

(B)

Since many distribution utilities purchase all or part of their retail consumer’s electricity needs from other entities, it may not be practical to determine the precise fuel mix for the power sold by each individual distribution utility.

(C)

It may be necessary to use average data, often on a regional basis with reference to Regional Transmission Organization (RTO) or NERC regions, to make the determinations necessary for making assessments.

(2)

DOE proposed rule

The Secretary, acting in close consultation with the Energy Information Administration, shall issue for notice and comment a proposed rule to determine the level of fossil fuel electricity delivered to retail customers by each distribution utility in the United States during the most recent calendar year or other period determined to be most appropriate. Such proposed rule shall balance the need to be efficient, reasonably precise, and timely, taking into account the nature and cost of data currently available and the nature of markets and regulation in effect in various regions of the country. Different methodologies may be applied in different regions if appropriate to obtain the best balance of such factors.

(3)

Final rule

Within 6 months after the date of enactment of this Act, and after opportunity for comment, the Secretary shall issue a final rule under this subsection for determining the level and type of fossil fuel-based electricity delivered to retail customers by each distribution utility in the United States during the appropriate period. In issuing such rule, the Secretary may consider opportunities and costs to develop new data sources in the future and issue recommendations for the Energy Information Administration or other entities to collect such data. After notice and opportunity for comment the Secretary may, by rule, subsequently update and modify the methodology for making such determinations.

(4)

Annual determinations

Pursuant to the final rule issued under paragraph (3), the Secretary shall make annual determinations of the amounts and types for each such utility and publish such determinations in the Federal Register. Such determinations shall be used to conduct the referendum under subsection (b) and by the Corporation in applying any assessment under this subsection.

(5)

Rehearing and judicial review

The owner or operator of any distribution utility that believes that the Secretary has misapplied the methodology in the final rule in determining the amount and types of fossil fuel electricity delivered by such distribution utility may seek rehearing of such determination within 30 days of publication of the determination in the Federal Register. The Secretary shall decide such rehearing petitions within 30 days. The Secretary’s determinations following rehearing shall be final and subject to judicial review in the United States Court of Appeals for the District of Columbia.

(g)

Compliance with Corporation assessments

The Corporation may bring an action in the appropriate court of the United States to compel compliance with an assessment levied by the Corporation under this section. A successful action for compliance under this subsection may also require payment by the defendant of the costs incurred by the Corporation in bringing such action.

(h)

Midcourse review

Not later than 5 years following establishment of the Corporation, the Comptroller General of the United States shall prepare an analysis, and report to Congress, assessing the Corporation’s activities, including project selection and methods of disbursement of assessed fees, impacts on the prospects for commercialization of carbon capture and storage technologies, adequacy of funding, and administration of funds. The report shall also make such recommendations as may be appropriate in each of these areas. The Corporation shall reimburse the Government Accountability Office for the costs associated with performing this midcourse review.

(i)

Recovery of costs

(1)

In general

A distribution utility whose transmission, delivery, or sales of electric energy are subject to any form of rate regulation shall not be denied the opportunity to recover the full amount of the prudently incurred costs associated with complying with this section, consistent with applicable State or Federal law.

(2)

Ratepayer Rebates

Regulatory authorities that approve cost recovery pursuant to paragraph (1) may order rebates to ratepayers to the extent that distribution utilities are reimbursed undedicated or unassigned balances pursuant to subsection (d)(3).

(j)

Technical Advisory Committee

(1)

Establishment

There is established an advisory committee, to be known as the Technical Advisory Committee.

(2)

Membership

The Technical Advisory Committee shall be comprised of not less than 7 members appointed by the Board from among academic institutions, national laboratories, independent research institutions, and other qualified institutions. No member of the Committee shall be affiliated with EPRI or with any organization having members serving on the Board. At least one member of the Committee shall be appointed from among officers or employees of the Department of Energy recommended to the Board by the Secretary of Energy.

(3)

Chairperson and Vice Chairperson

The Board shall designate one member of the Technical Advisory Committee to serve as Chairperson of the Committee and one to serve as Vice Chairperson of the Committee.

(4)

Compensation

The Board shall provide compensation to members of the Technical Advisory Committee for travel and other incidental expenses and such other compensation as the Board determines to be necessary.

(5)

Purpose

The Technical Advisory Committee shall provide independent assessments and technical evaluations, as well as make non-binding recommendations to the Board, concerning Corporation activities, including but not limited to the following:

(A)

Reviewing and evaluating the Corporation’s plans and budgets described in subsection (c)(9), as well as any other appropriate areas, which could include approaches to prioritizing technologies, appropriateness of engineering techniques, monitoring and verification technologies for storage, geological site selection, and cost control measures.

(B)

Making annual non-binding recommendations to the Board concerning any of the matters referred to in subparagraph (A), as well as what types of investments, scientific research, or engineering practices would best further the goals of the Corporation.

(6)

Public availability

All reports, evaluations, and other materials of the Technical Advisory Committee shall be made available to the public by the Board, without charge, at time of receipt by the Board.

(k)

Lobbying restrictions

No funds collected by the Corporation shall be used in any manner for influencing legislation or elections, except that the Corporation may recommend to the Secretary and the Congress changes in this section or other statutes that would further the purposes of this section.

(l)

Davis-Bacon Compliance

The Corporation shall ensure that entities receiving grants, contracts, or other financial support from the Corporation for the project activities authorized by this section are in compliance with the Davis-Bacon Act (40 U.S.C. 276a–276a–5).

115.

Commercial deployment of carbon capture and sequestration technologies

Part H of title VII of the Clean Air Act (as added by section 321 of this Act) is amended by adding the following new section after section 785:

786.

Commercial deployment of carbon capture and sequestration technologies

(a)

Regulations

Not later than 2 years after the date of enactment of this title, the Administrator shall promulgate regulations providing for the distribution of emission allowances allocated pursuant to section 782(f), pursuant to the requirements of this section, to support the commercial deployment of carbon capture and sequestration technologies in both electric power generation and industrial operations.

(b)

Eligibility criteria

For an owner or operator of a project to be eligible to receive emission allowances under this section, the project must—

(1)

implement carbon capture and sequestration technology—

(A)

at an electric generating unit that—

(i)

has a nameplate capacity of 200 megawatts or more;

(ii)

in the case of a retrofit application, applies the carbon capture and sequestration technology to the flue gas from at least 200 megawatts of the total nameplate generating capacity of the unit, provided that clause (i) shall apply without exception;

(iii)

derives at least 50 percent of its annual fuel input from coal, petroleum coke, or any combination of these 2 fuels; and

(iv)

upon implementation of capture and sequestration technology, will achieve an emission limit that is at least a 50 percent reduction in emissions of the carbon dioxide produced by—

(I)

the unit, measured on an annual basis, determined in accordance with section 812(b)(2); or

(II)

in the case of retrofit applications under clause (ii), the treated portion of flue gas from the unit, measured on an annual basis, determined in accordance with section 812(b)(2); or

(B)

at an industrial source that—

(i)

absent carbon capture and sequestration, would emit greater than 50,000 tons per year of carbon dioxide;

(ii)

upon implementation, will achieve an emission limit that is at least a 50 percent reduction in emissions of the carbon dioxide produced by the emission point, measured on an annual basis, determined in accordance with section 812(b)(2); and

(iii)

does not produce a liquid transportation fuel from a solid fossil-based feedstock;

(2)

geologically sequester carbon dioxide at a site that meets all applicable permitting and certification requirements for geologic sequestration, or, pursuant to such requirements as the Administrator may prescribe by regulation, convert captured carbon dioxide to a stable form that will safely and permanently sequester such carbon dioxide;

(3)

meet all other applicable State, tribal, and Federal permitting requirements; and

(4)

be located in the United States.

(c)

Phase I distribution to electric generating units

(1)

Application

This subsection shall apply only to projects at the first 6 gigawatts of electric generating units, measured in cumulative generating capacity of such units, that receive allowances under this section.

(2)

Distribution

The Administrator shall distribute emission allowances allocated under section 782(f) to the owner or operator of each eligible project at an electric generating unit in a quantity equal to the quotient obtained by dividing—

(A)

the product obtained by multiplying—

(i)

the number of metric tons of carbon dioxide emissions avoided through capture and sequestration of emissions by the project, as determined pursuant to such methodology as the Administrator shall prescribe by regulation; and

(ii)

a bonus allowance value, pursuant to paragraph (3); by

(B)

the average fair market value of an emission allowance during the preceding year.

(3)

Bonus allowance values

(A)

For a generating unit achieving the capture and sequestration of 85 percent or more of the carbon dioxide that otherwise would be emitted by such unit, the bonus allowance value shall be $90 per ton.

(B)

The Administrator shall by regulation establish a bonus allowance value for each rate of lower capture and sequestration achieved by a generating unit, from a minimum of $50 per ton for a 50 percent rate and varying directly with increasing rates of capture and sequestration up to $90 per ton for an 85 percent rate.

(C)

For a generating unit that achieves the capture and sequestration of at least 50 percent of the carbon dioxide that otherwise would be emitted by such unit by not later than January 1, 2017, the otherwise applicable bonus allowance value under this paragraph shall be increased by $10, provided that the owner of such unit notifies the Administrator by not later than January 1, 2012, of its intent to achieve such rate of capture and sequestration.

(D)

For a carbon capture and sequestration project sequestering in a geological formation for purposes of enhanced hydrocarbon recovery, the Administrator shall, by regulation, reduce the applicable bonus allowance value under this paragraph to reflect the lower net cost of the project when compared to sequestration into geological formations solely for purposes of sequestration.

(E)

The Administrator shall annually adjust for inflation the bonus allowance values established under this paragraph.

(d)

Phase II distribution to electric generating units

(1)

Application

This subsection shall apply only to the distribution of emission allowances for carbon capture and sequestration projects at electric generating units after the capacity threshold identified in subsection (c)(1) is reached.

(2)

Regulations

Not later than 2 years prior to the date on which the capacity threshold identified in subsection (c)(1) is projected to be reached, the Administrator shall promulgate regulations to govern the distribution of emission allowances to the owners or operators of eligible projects under this subsection.

(3)

Reverse auctions

(A)

In general

Except as provided in paragraph (4), the regulations promulgated under paragraph (2) shall provide for the distribution of emission allowances to the owners or operators of eligible projects under this subsection through reverse auctions, which shall be held no less frequently than once each calendar year. The Administrator may establish a separate auction for each of no more than 5 different project categories, defined on the basis of coal type, capture technology, geological formation type, new unit versus retrofit application, such other factors as the Administrator may prescribe, or any combination thereof. The Administrator may establish appropriate minimum rates of capture and sequestration in implementing this paragraph.

(B)

Auction process

At each reverse auction—

(i)

the Administrator shall solicit bids from eligible projects;

(ii)

eligible projects participating in the auction shall submit a bid including the desired level of carbon dioxide sequestration incentive per ton and the estimated quantity of carbon dioxide that the project will permanently sequester over 10 years; and

(iii)

the Administrator shall select bids, within each auction, for the sequestration amount submitted, beginning with the eligible project submitting the bid for the lowest level of sequestration incentive on a per ton basis and meeting such other requirements as the Administrator may specify, until the amount of funds available for the reverse auction is committed.

(C)

Form of distribution

The Administrator shall distribute emission allowances to the owners or operators of eligible projects selected through a reverse auction under this paragraph pursuant to a formula equivalent to that described in subsection (c)(2), except that the bonus allowance value that is bid by the entity shall be substituted for the bonus allowance values set forth in subsection (c)(3).

(4)

Alternative distribution method

(A)

In general

If the Administrator determines that reverse auctions would not provide for efficient and cost-effective commercial deployment of carbon capture and sequestration technologies, the Administrator may instead, through regulations promulgated under paragraph (2) or (5), prescribe a schedule for the award of bonus allowances to the owners or operators of eligible projects under this subsection, in accordance with the requirements of this paragraph.

(B)

Multiple tranches

The Administrator shall divide emission allowances available for distribution to the owners or operators of eligible projects into a series of tranches, each supporting the deployment of a specified quantity of cumulative electric generating capacity utilizing carbon capture and sequestration technology, each of which shall not be greater than 6 gigawatts.

(C)

Method of distribution

The Administrator shall distribute emission allowances within each tranche, on a first-come, first-served basis—

(i)

based on the date of full-scale operation of capture and sequestration technology; and

(ii)

pursuant to a formula, similar to that set forth in subsection (c)(2) (except that the Administrator shall prescribe bonus allowance values different than those set forth in subsection (c)(3)), establishing the number of allowances to be distributed per ton of carbon dioxide sequestered by the project.

(D)

Requirements

For each tranche established pursuant to subparagraph (B), the Administrator shall establish a schedule for distributing emission allowances that—

(i)

is based on a sliding scale that provides higher bonus allowance values for projects achieving higher rates of capture and sequestration;

(ii)

for each capture and sequestration rate, establishes a bonus allowance value that is lower than that established for such rate in the previous tranche (or, in the case of the first tranche, than that established for such rate under subsection (c)(3)); and

(iii)

may establish different bonus allowance levels for no more than 5 different project categories, defined by coal type, capture technology, geological formation type, new unit versus retrofit application, such other factors as the Administrator may prescribe, or any combination thereof.

(E)

Criteria for establishing bonus allowance values

In setting bonus allowance values under this paragraph, the Administrator shall seek to cover no more than the reasonable incremental capital and operating costs of a project that are attributable to implementation of carbon capture, transportation, and sequestration technologies, taking into account—

(i)

the reduced cost of compliance with section 722 of this Act;

(ii)

the reduced cost associated with sequestering in a geological formation for purposes of enhanced hydrocarbon recovery when compared to sequestration into geological formations solely for purposes of sequestration;

(iii)

the relevant factors defining the project category; and

(iv)

such other factors as the Administrator determines are appropriate.

(5)

Revision of regulations

The Administrator shall review, and as appropriate revise, the applicable regulations under this subsection no less frequently than every 8 years.

(e)

Limits for certain electric generating units

(1)

Definitions

For purposes of this subsection, the terms covered EGU and initially permitted shall have the meaning given those terms in section 812 of this Act.

(2)

Covered egus initially permitted from 2009 through 2014

For a covered EGU that is initially permitted on or after January 1, 2009, and before January 1, 2015, the Administrator shall reduce the quantity of emission allowances that the owner or operator of such covered EGU would otherwise be eligible to receive under this section as follows:

(A)

In the case of a unit commencing operation on or before January 1, 2019, if the date in clause (ii)(I) is earlier than the date in clause (ii)(II), by the product of—

(i)

20 percent; and

(ii)

the number of years, if any, that have elapsed between—

(I)

the earlier of January 1, 2020, or the date that is 5 years after the commencement of operation of such covered EGU; and

(II)

the first year that such covered EGU achieves (and thereafter maintains) an emission limit that is at least a 50 percent reduction in emissions of the carbon dioxide produced by the unit, measured on an annual basis, as determined in accordance with section 812(b)(2).

(B)

In the case of a unit commencing operation after January 1, 2019, by the product of—

(i)

20 percent; and

(ii)

the number of years between—

(I)

the commencement of operation of such covered EGU; and

(II)

the first year that such covered EGU achieves (and thereafter maintains) an emission limit that is at least a 50 percent reduction in emissions of the carbon dioxide produced by the unit, measured on an annual basis, as determined in accordance with section 812(b)(2).

(3)

Covered egus initially permitted from 2015 through 2019

The owner or operator of a covered EGU that is initially permitted on or after January 1, 2015, and before January 1, 2020, shall be ineligible to receive emission allowances pursuant to this section if such unit, upon commencement of operations (and thereafter), does not achieve and maintain an emission limit that is at least a 50 percent reduction in emissions of the carbon dioxide produced by the unit, measured on an annual basis, as determined in accordance with section 812(b)(2).

(f)

Industrial sources

(1)

Allowances

The Administrator may distribute not more than 15 percent of the allowances allocated under section 782(f) for any vintage year to the owners or operators of eligible industrial sources to support the commercial-scale deployment of carbon capture and sequestration technologies at such sources.

(2)

Distribution

The Administrator shall, by regulation, prescribe requirements for the distribution of emission allowances to the owners or operators of industrial sources under this subsection, based on a bonus allowance formula that awards allowances to qualifying projects on the basis of tons of carbon dioxide captured and permanently sequestered. The Administrator may provide for the distribution of emission allowances pursuant to—

(A)

a reverse auction method, similar to that described under subsection (d)(3), including the use of separate auctions for different project categories; or

(B)

an incentive schedule, similar to that described under subsection (d)(4), which shall ensure that incentives are set so as to satisfy the requirement described in subsection (d)(4)(E).

(3)

Revision of regulations

The Administrator shall review, and as appropriate revise, the applicable regulations under this subsection no less frequently than every 8 years.

(g)

Limitations

Allowances may be distributed under this section only for tons of carbon dioxide emissions that have already been captured and sequestered. A qualifying project may receive annual emission allowances under this section only for the first 10 years of operation. No greater than 72 gigawatts of total cumulative generating capacity (including industrial applications, measured by such equivalent metric as the Administrator may designate) may receive emission allowances under this section. Upon reaching the limit described in the preceding sentence, any emission allowances that are allocated for carbon capture and sequestration deployment under section 782(f) and are not yet obligated under this section shall be treated as allowances not designated for distribution for purposes of section 782(r).

(h)

Exhaustion of account and annual roll-over of surplus allowances

(1)

In distributing emission allowances under this section, the Administrator shall ensure that qualifying projects receiving allowances receive distributions for 10 years.

(2)

If the Administrator determines that the emission allowances allocated under section 782(f) with a vintage year that matches the year of distribution will be exhausted once the estimated full 10-year distributions will be provided to current eligible participants, the Administrator shall provide to new eligible projects allowances from vintage years after the year of the distribution.

(i)

Retrofit applications

(1)

In calculating bonus allowance values for retrofit applications eligible under subsection (b)(1)(A)(ii) and (iv)(II), the Administrator shall apply the required capture rates with respect to the treated portion of flue gas from the unit.

(2)

No additional projects shall be eligible for allowances under subsection (b)(1)(A)(ii) and (iv)(II) as of such time as the Administrator reports, pursuant to section 812(d), that carbon capture and sequestration retrofit projects at electric generating units that are eligible for allowances under this section have been applied, in the aggregate, to the flue gas generated by 1 gigawatt of total cumulative generating capacity.

(j)

Davis-Bacon Compliance

All laborers and mechanics employed on projects funded directly by or assisted in whole or in part by this section through the use of emission allowances shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV, chapter 31, part A of subtitle II of title 40, United States Code. With respect to the labor standards specified in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.

.

116.

Performance standards for coal-fueled power plants

(a)

In general

Title VIII of the Clean Air Act (as added by section 331 of this Act) is amended by adding the following new section after section 811:

812.

Performance standards for new coal-fired power plants

(a)

Definitions

For purposes of this section:

(1)

Covered EGU

The term ‘covered EGU’ means a utility unit that is required to have a permit under section 503(a) and is authorized under state or federal law to derive at least 30 percent of its annual heat input from coal, petroleum coke, or any combination of these fuels.

(2)

Initially permitted

The term ‘initially permitted’ means that the owner or operator has received a Clean Air Act preconstruction approval or permit, for the covered EGU as a new (not a modified) source, but administrative review or appeal of such approval or permit has not been exhausted. A subsequent modification of any such approval or permits, ongoing administrative or court review, appeals, or challenges, or the existence or tolling of any time to pursue further review, appeals, or challenges shall not affect the date on which a covered EGU is considered to be initially permitted under this paragraph.

(b)

Standards

(1)

A covered EGU that is initially permitted on or after January 1, 2020, shall achieve an emission limit that is a 65 percent reduction in emissions of the carbon dioxide produced by the unit, as measured on an annual basis, or meet such more stringent standard as the Administrator may establish pursuant to subsection (c).

(2)

A covered EGU that is initially permitted after January 1, 2009, and before January 1, 2020, shall, by the applicable compliance date established under this paragraph, achieve an emission limit that is a 50 percent reduction in emissions of the carbon dioxide produced by the unit, as measured on an annual basis. Compliance with the requirement set forth in this paragraph shall be required by the earliest of the following:

(A)

Four years after the date the Administrator has published pursuant to subsection (d) a report that there are in commercial operation in the United States electric generating units or other stationary sources equipped with carbon capture and sequestration technology that, in the aggregate—

(i)

have a total of at least 4 gigawatts of nameplate generating capacity of which—

(I)

at least 3 gigawatts must be electric generating units; and

(II)

up to 1 gigawatt may be industrial applications, for which capture and sequestration of 3 million tons of carbon dioxide per year on an aggregate annualized basis shall be considered equivalent to 1 gigawatt;

(ii)

include at least 2 electric generating units, each with a nameplate generating capacity of 250 megawatts or greater, that capture, inject, and sequester carbon dioxide into geologic formations other than oil and gas fields; and

(iii)

are capturing and sequestering in the aggregate at least 12 million tons of carbon dioxide per year, calculated on an aggregate annualized basis.

(B)

January 1, 2025.

(3)

If the deadline for compliance with paragraph (2) is January 1, 2025, the Administrator may extend the deadline for compliance by a covered EGU by up to 18 months if the Administrator makes a determination, based on a showing by the owner or operator of the unit, that it will be technically infeasible for the unit to meet the standard by the deadline. The owner or operator must submit a request for such an extension by no later than January 1, 2022, and the Administrator shall provide for public notice and comment on the extension request.

(c)

Review and revision of standards

Not later than 2025 and at 5-year intervals thereafter, the Administrator shall review the standards for new covered EGUs under this section and shall, by rule, reduce the maximum carbon dioxide emission rate for new covered EGUs to a rate which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction and any nonair quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated.

(d)

Reports

Not later than the date 18 months after the date of enactment of this title and semiannually thereafter, the Administrator shall publish a report on the nameplate capacity of units (determined pursuant to subsection (b)(2)(A)) in commercial operation in the United States equipped with carbon capture and sequestration technology, including the information described in subsection (b)(2)(A) (including the cumulative generating capacity to which carbon capture and sequestration retrofit projects meeting the criteria described in section 786(b)(1)(A)(ii) and (b)(1)(A)(iv)(II) has been applied and the quantities of carbon dioxide captured and sequestered by such projects).

(e)

Regulations

Not later than 2 years after the date of enactment of this title, the Administrator shall promulgate regulations to carry out the requirements of this section.

.

C

Clean Transportation

121.

Electric vehicle infrastructure

(a)

Amendment of PURPA

Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following:

(20)

Plug-in electric drive vehicle infrastructure

(A)

Utility plan for infrastructure

Each electric utility shall develop a plan to support the use of plug-in electric drive vehicles, including heavy-duty hybrid electric vehicles. The plan may provide for deployment of electrical charging stations in public or private locations, including street parking, parking garages, parking lots, homes, gas stations, and highway rest stops. Any such plan may also include—

(i)

battery exchange, fast charging infrastructure and other services;

(ii)

triggers for infrastructure deployment based upon market penetration of plug-in electric drive vehicles; and

(iii)

such other elements as the State determines necessary to support plug-in electric drive vehicles.

Each plan under this paragraph shall provide for the deployment of the charging infrastructure or other infrastructure necessary to adequately support the use of plug-in electric drive vehicles.
(B)

Support requirements

Each State regulatory authority (in the case of each electric utility for which it has ratemaking authority) and each utility (in the case of a nonregulated utility) shall—

(i)

require that charging infrastructure deployed is interoperable with products of all auto manufacturers to the extent possible; and

(ii)

consider adopting minimum requirements for deployment of electrical charging infrastructure and other appropriate requirements necessary to support the use of plug-in electric drive vehicles.

(C)

Cost recovery

Each State regulatory authority (in the case of each electric utility for which it has ratemaking authority) and each utility (in the case of a nonregulated utility) shall consider whether, and to what extent, to allow cost recovery for plans and implementation of plans.

(D)

Smart Grid integration

The State regulatory authority (in the case of each electric utility for which it has ratemaking authority) and each utility (in the case of a nonregulated utility) shall, in accordance with regulations issued by the Federal Energy Regulatory Commission pursuant to section 1305(d) of the Energy Independence and Security Act of 2007—

(i)

establish any appropriate protocols and standards for integrating plug-in electric drive vehicles into an electrical distribution system, including Smart Grid systems and devices as described in title XIII of the Energy Independence and Security Act of 2007;

(ii)

include, to the extent feasible, the ability for each plug-in electric drive vehicle to be identified individually and to be associated with its owner’s electric utility account, regardless of the location that the vehicle is plugged in, for purposes of appropriate billing for any electricity required to charge the vehicle’s batteries as well as any crediting for electricity provided to the electric utility from the vehicle’s batteries; and

(iii)

review the determination made in response to section 1252 of the Energy Policy Act of 2005 in light of this section, including whether time-of-use pricing should be employed to enable the use of plug-in electric drive vehicles to contribute to meeting peak-load and ancillary service power needs.

.

(b)

Compliance

(1)

Time limitations

Section 112(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by adding the following at the end thereof:

(7)
(A)

Not later than 3 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated utility shall commence the consideration referred to in section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (20) of section 111(d).

(B)

Not later than 4 years after the date of enactment of the this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall complete the consideration, and shall make the determination, referred to in section 111 with respect to the standard established by paragraph (20) of section 111(d).

.

(2)

Failure to comply

Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended by adding the following at the end: In the case of the standards established by paragraph (20) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of such paragraph..

(3)

Prior State actions

Section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) is amended by striking (19) and inserting (20) before of section 111(d).

122.

Large-scale vehicle electrification program

(a)

Deployment Program

The Secretary of Energy shall establish a program to deploy and integrate plug-in electric drive vehicles into the electricity grid in multiple regions. In carrying out the program, the Secretary may provide financial assistance described under subsection (d), consistent with the goals under subsection (b). The Secretary shall select regions based upon applications for assistance received pursuant to subsection (c).

(b)

Goals

The goals of the program established pursuant to subsection (a) shall be—

(1)

to demonstrate the viability of a vehicle-based transportation system that is not overly dependent on petroleum as a fuel and contributes to lower carbon emissions than a system based on conventional vehicles;

(2)

to facilitate the integration of advanced vehicle technologies into electricity distribution areas to improve system performance and reliability;

(3)

to demonstrate the potential benefits of coordinated investments in vehicle electrification on personal mobility and a regional grid;

(4)

to demonstrate protocols and standards that facilitate vehicle integration into the grid; and

(5)

to investigate differences in each region and regulatory environment regarding best practices in implementing vehicle electrification.

(c)

Applications

Any State, Indian tribe, or local government (or group of State, Indian tribe, or local governments) may apply to the Secretary of Energy for financial assistance in furthering the regional deployment and integration into the electricity grid of plug-in electric drive vehicles. Such applications may be jointly sponsored by electric utilities, automobile manufacturers, technology providers, car sharing companies or organizations, or other persons or entities.

(d)

Use of funds

Pursuant to applications received under subsection (c), the Secretary may make financial assistance available to any applicant or joint sponsor of the application to be used for any of the following:

(1)

Assisting persons located in the regional deployment area, including fleet owners, in the purchase of new plug-in electric drive vehicles by offsetting in whole or in part the incremental cost of such vehicles above the cost of comparable conventionally fueled vehicles.

(2)

Supporting the use of plug-in electric drive vehicles by funding projects for the deployment of any of the following:

(A)

Electrical charging infrastructure for plug-in electric drive vehicles, including battery exchange, fast charging infrastructure, and other services, in public or private locations, including street parking, parking garages, parking lots, homes, gas stations, and highway rest stops.

(B)

Smart Grid equipment and infrastructure, as described in title XIII of the Energy Independence and Security Act of 2007, to facilitate the charging and integration of plug-in electric drive vehicles.

(3)

Such other projects as the Secretary determines appropriate to support the large-scale deployment of plug-in electric drive vehicles in regional deployment areas.

(e)

Program Requirements

The Secretary, in consultation with the Administrator and the Secretary of Transportation, shall determine design elements and requirements of the program established pursuant to subsection (a), including—

(1)

the type of financial mechanism with which to provide financial assistance;

(2)

criteria for evaluating applications submitted under subsection (c), including the anticipated ability to promote deployment and market penetration of vehicles that are less dependent on petroleum as a fuel source; and

(3)

reporting requirements for entities that receive financial assistance under this section, including a comprehensive set of performance data characterizing the results of the deployment program.

(f)

Information Clearinghouse

The Secretary shall, as part of the program established pursuant to subsection (a), collect and make available to the public information regarding the cost, performance, and other technical data regarding the deployment and integration of plug-in electric drive vehicles.

(g)

Authorization

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

123.

Plug-in electric drive vehicle manufacturing

(a)

Vehicle manufacturing assistance program

The Secretary of Energy shall establish a program to provide financial assistance to automobile manufacturers to facilitate the manufacture of plug-in electric drive vehicles, as defined in section 131(a)(5) of the Energy Independence and Security Act of 2007, that are developed and produced in the United States.

(b)

Financial assistance

The Secretary of Energy may provide financial assistance to an automobile manufacturer under the program established pursuant to subsection (a) for—

(1)

the reconstruction or retooling of facilities for the manufacture of plug-in electric drive vehicles that are developed and produced in the United States; and

(2)

if appropriate, the purchase of vehicle batteries to be used in the manufacture of vehicles manufactured pursuant to paragraph (1).

(c)

Coordination with regional deployment

The Secretary may provide financial assistance under subsection (b) in conjunction with the award of financial assistance under the large scale vehicle electrification program established pursuant to section 122 of this Act.

(d)

Program Requirements

The Secretary shall determine design elements and requirements of the program established pursuant to subsection (a), including—

(1)

the type of financial mechanism with which to provide financial assistance;

(2)

criteria, in addition to the criteria described under subsection (e), for evaluating applications for financial assistance; and

(3)

reporting requirements for automobile manufacturers that receive financial assistance under this section.

(e)

Criteria

In selecting recipients of financial assistance from among applicant automobile manufacturers, the Secretary shall give preference to proposals that—

(1)

are most likely to be successful; and

(2)

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

(f)

Reports

The Secretary shall annually submit to Congress a report on the program established pursuant to this section.

(g)

Authorization of appropriations

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

124.

Investment in clean vehicles

(a)

Definitions

In this section:

(1)

Advanced technology vehicles and qualifying components

The terms advanced technology vehicles and qualifying components shall have the definition of such terms in section 136 of the Energy Independence and Security Act of 2007, except that for purposes of this section, the average base year as described in such section 136(a)(1)(C) shall be the following:

(A)

In each of the years 2012 through 2016, model year 2009.

(B)

In 2017, the Administrator shall, notwithstanding such section 136(a)(1)(C), determine an appropriate baseline based on technological and economic feasibility.

(2)

Plug-in electric drive vehicle

The term plug-in electric drive vehicle shall have the definition of such term in section 131 of the Energy Independence and Security Act of 2007.

(b)

Distribution of allowances

The Administrator shall, in accordance with this section, distribute emission allowances allocated pursuant to section 782(i) of the Clean Air Act not later than September 30 of 2012 and each calendar year thereafter through 2025.

(c)

Plug-in electric drive vehicle manufacturing and deployment

(1)

In general

The Administrator shall, at the direction of the Secretary of Energy, provide emission allowances allocated pursuant to section 782(i) to applicants, joint sponsors and automobile manufacturers pursuant to sections 122 and 123 of this Act.

(2)

Annual amount

In each of the years 2012 through 2017, one-quarter of the portion of the emission allowances allocated pursuant to section 782(i) of the Clean Air Act shall be available to carry out paragraph (1) such that—

(A)

one-eighth of the portion shall be available to carry out section 122; and,

(B)

one-eighth of the portion shall be available to carry out section 123.

(3)

Preference

In directing the provision of emission allowances under this subsection to carry out section 122, the Secretary shall give preference to applications under section 122(c) that are jointly sponsored by one or more automobile manufacturers.

(4)

Multi-year commitments

The Administrator shall commit to providing emission allowances to an applicant, joint sponsor, or automobile manufacturer for up to five consecutive years if—

(A)

an application under section 122 or 123 of this Act requests a multi-year commitment;

(B)

such application meets the criteria for support established by the Secretary of Energy under sections 122 or 123 of this Act;

(C)

the Administrator confirms to the Secretary that emission allowances will be available for a multi-year commitment;

(D)

the Secretary of Energy determines that a multi-year commitment for such application will advance the goals of section 122 or 123; and

(E)

the Secretary of Energy directs the Administrator to make a multi-year commitment.

(5)

Insufficient applications

If, in any year, emission allowances available under paragraph (2) cannot be provided because of insufficient numbers of submitted applications that meet the criteria for support established by the Secretary of Energy under sections 122 or 123 of this Act, the remaining emission allowances shall be distributed according to subsection (d).

(d)

Advanced technology vehicles

(1)

In general

The Administrator shall, at the direction of the Secretary of Energy, provide any emission allowances allocated pursuant to section 782(i) of the Clean Air Act that are not provided under subsection (c) to automobile manufacturers and component suppliers to pay not more than 30 percent of the cost of—

(A)

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

(i)

qualifying advanced technology vehicles; or

(ii)

qualifying components; and

(B)

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

(2)

Preference

In directing the provision of emission allowances under this subsection during the years 2012 through 2017, the Secretary shall give preference to applications for projects that save the maximum number of gallons of fuel.

125.

Advanced technology vehicle manufacturing incentive loans

Section 136(d)(1) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013(d)(1)) is amended by striking $25,000,000,000 and inserting $50,000,000,000.

126.

Amendment to renewable fuels standard

(a)

Definition of renewable biomass

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

(I)

Renewable biomass

The term renewable biomass means any of the following:

(i)

Plant material, including waste material, harvested or collected from actively managed agricultural land that was in cultivation, cleared, or fallow and nonforested on January 1, 2009.

(ii)

Plant material, including waste material, harvested or collected from pastureland that was nonforested on January 1, 2009.

(iii)

Nonhazardous vegetative matter derived from waste, including separated yard waste, landscape right-of-way trimmings, construction and demolition debris or food waste (but not recyclable waste paper, painted, treated or pressurized wood, or wood contaminated with plastic or metals).

(iv)

Animal waste or animal byproducts, including products of animal waste digesters.

(v)

Algae.

(vi)

Trees, brush, slash, residues, or any other vegetative matter removed from within 600 feet of any building, campground, or route designated for evacuation by a public official with responsibility for emergency preparedness, or from within 300 feet of a paved road, electric transmission line, utility tower, or water supply line.

(vii)

Residues from or byproducts of milled logs.

(viii)

Any of the following removed from forested land that is not Federal and is not high conservation priority land:

(I)

Trees, brush, slash, residues, interplanted energy crops, or any other vegetative matter removed from an actively managed tree plantation established—

(aa)

prior to January 1, 2009; or

(bb)

on land that, as of January 1, 2009, was cultivated or fallow and non-forested.

(II)

Trees, logging residue, thinnings, cull trees, pulpwood, and brush removed from naturally-regenerated forests or other non-plantation forests, including for the purposes of hazardous fuel reduction or preventative treatment for reducing or containing insect or disease infestation.

(III)

Logging residue, thinnings, cull trees, pulpwood, brush and species that are non-native and noxious, from stands that were planted and managed after January 1, 2009, to restore or maintain native forest types.

(IV)

Dead or severely damaged trees removed within 5 years of fire, blowdown, or other natural disaster, and badly infested trees.

(ix)

Materials, pre-commercial thinnings, or removed invasive species from National Forest System land and public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), including those that are byproducts of preventive treatments (such as trees, wood, brush, thinnings, chips, and slash), that are removed as part of a federally recognized timber sale, or that are removed to reduce hazardous fuels, to reduce or contain disease or insect infestation, or to restore ecosystem health, and that are—

(I)

not from components of the National Wilderness Preservation System, Wilderness Study Areas, Inventoried Roadless Areas, old growth or mature forest stands, components of the National Landscape Conservation System, National Monuments, National Conservation Areas, Designated Primitive Areas, or Wild and Scenic Rivers corridors;

(II)

harvested in environmentally sustainable quantities, as determined by the appropriate Federal land manager; and

(III)

harvested in accordance with Federal and State law and applicable land management plans.

.

(b)

Definition of high conservation priority land

Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)) is amended by inserting the following at the end thereof:

(M)

High conservation priority land

The term high conservation priority land means land that is not Federal land and is—

(i)

globally or State ranked as critically imperiled or imperiled under a State Natural Heritage Program; or

(ii)

old-growth or late-successional forest, as identified by the office of the State Forester or relevant State agency with regulatory jurisdiction over forestry activities.

.

127.

Open fuel standard

(a)

Findings

The Congress finds that—

(1)

the status of oil as a strategic commodity, which derives from its domination of the transportation sector, presents a clear and present danger to the United States;

(2)

in a prior era, when salt was a strategic commodity, salt mines conferred national power and wars were fought over the control of such mines;

(3)

technology, in the form of electricity and refrigeration, decisively ended salt’s monopoly of meat preservation and greatly reduced its strategic importance;

(4)

fuel competition and consumer choice would similarly serve to end oil’s monopoly in the transportation sector and strip oil of its strategic status;

(5)

the current closed fuel market has allowed a cartel of petroleum exporting countries to inflate fuel prices, effectively imposing a harmful tax on the economy of the United States;

(6)

much of the inflated petroleum revenues the oil cartel earns at the expense of the people of the United States are used for purposes antithetical to the interests of the United States and its allies;

(7)

alcohol fuels, including ethanol and methanol, could potentially provide significant supplies of additional fuels that could be produced in the United States and in many other countries in the Western Hemisphere that are friendly to the United States;

(8)

alcohol fuels can only play a major role in securing the energy independence of the United States if a substantial portion of vehicles in the United States are capable of operating on such fuels;

(9)

it is not in the best interest of United States consumers or the United States Government to be constrained to depend solely upon petroleum resources for vehicle fuels if alcohol fuels are potentially available;

(10)

existing technology, in the form of flexible fuel vehicles, allows internal combustion engine cars and trucks to be produced at little or no additional cost, which are capable of operating on conventional gasoline, alcohol fuels, or any combination of such fuels, as availability or cost advantage dictates, providing a platform on which fuels can compete;

(11)

the necessary distribution system for such alcohol fuels will not be developed in the United States until a substantial fraction of the vehicles in the United States are capable of operating on such fuels;

(12)

the establishment of such a vehicle fleet and distribution system would provide a large market that would mobilize private resources to substantially advance the technology and expand the production of alcohol fuels in the United States and abroad;

(13)

the United States has an urgent national security interest to develop alcohol fuels technology, production, and distribution systems as rapidly as possible;

(14)

new cars sold in the United States that are equipped with an internal combustion engine should allow for fuel competition by being flexible fuel vehicles, and new diesel cars should be capable of operating on biodiesel; and

(15)

such an open fuel standard would help to protect the United States economy from high and volatile oil prices and from the threats caused by global instability, terrorism, and natural disaster.

(b)

Open fuel standard for transportation

(1)

Chapter 329 of title 49, United States Code, is amended by adding at the end the following:

32920.

Open fuel standard for transportation

(a)

Definitions

In this section:

(1)

E85

The term E85 means a fuel mixture containing 85 percent ethanol and 15 percent gasoline by volume.

(2)

Flexible fuel automobile

The term flexible fuel automobile means an automobile that has been warranted by its manufacturer to operate on gasoline, E85, and M85.

(3)

Fuel choice-enabling automobile

The term fuel choice-enabling automobile means—

(A)

a flexible fuel automobile; or

(B)

an automobile that has been warranted by its manufacturer to operate on biodiesel.

(4)

Light-duty automobile

The term light-duty automobile means—

(A)

a passenger automobile; or

(B)

a non-passenger automobile.

(5)

Light-duty automobile manufacturer’s annual covered inventory

The term light-duty automobile manufacturer’s annual covered inventory means the number of light-duty automobiles powered by an internal combustion engine that a manufacturer, during a given calendar year, manufactures in the United States or imports from outside of the United States for sale in the United States.

(6)

M85

The term M85 means a fuel mixture containing 85 percent methanol and 15 percent gasoline by volume.

(b)

Open fuel standard for transportation

(1)

In general

The Secretary may promulgate regulations to require each light-duty automobile manufacturer’s annual covered inventory to be comprised of a minimum percentage of fuel-choice enabling automobiles, with sufficient lead time, if the Secretary, in coordination with the Secretary of Energy and the Administrator of the Environmental Protection Agency, determines such requirement is a cost-effective way to achieve the Nation’s energy independence and environmental objectives. The cost-effective determination shall consider the future availability of both alternative fuel supply and infrastructure to deliver the alternative fuel to the fuel-choice enabling vehicles.

(2)

Temporary exemption from requirements

(A)

Application

A manufacturer may request an exemption from the requirement described in paragraph (1) by submitting an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require by regulation. Each such application shall specify the models, lines, and types of automobiles affected.

(B)

Evaluation

After evaluating an application received from a manufacturer, the Secretary may at any time, under such terms and conditions, and to such extent as the Secretary considers appropriate, temporarily exempt, or renew the exemption of, a light-duty automobile from the requirement described in paragraph (1) if the Secretary determines that unavoidable events not under the control of the manufacturer prevent the manufacturer of such automobile from meeting its required production volume of fuel choice-enabling automobiles, including—

(i)

a disruption in the supply of any component required for compliance with the regulations;

(ii)

a disruption in the use and installation by the manufacturer of such component; or

(iii)

application to plug-in electric drive vehicles causing such vehicles to fail to meet State air quality requirements.

(C)

Consolidation

The Secretary may consolidate applications received from multiple manufacturers under subparagraph (A) if they are of a similar nature.

(D)

Conditions

Any exemption granted under subparagraph (B) shall be conditioned upon the manufacturer’s commitment to recall the exempted automobiles for installation of the omitted components within a reasonable time proposed by the manufacturer and approved by the Secretary after such components become available in sufficient quantities to satisfy both anticipated production and recall volume requirements.

(E)

Notice

The Secretary shall publish in the Federal Register—

(i)

notice of each application received from a manufacturer;

(ii)

notice of each decision to grant or deny a temporary exemption; and

(iii)

the reasons for granting or denying such exemptions.

.

(2)

The table of contents in chapter 329 of such title is amended adding at the end the following:

32920. Open fuel standard for transportation.

.

128.

Diesel emissions reduction

Subtitle G of title VII of the Energy Policy Act of 2005 (42 U.S.C. 16131 et seq.) is amended—

(1)

in the matter preceding clause (i) in section 791(3)(B), by inserting in any State after nonprofit organization or institution;

(2)

in section 791(9), by striking The term State includes the District of Columbia. and inserting The term State includes the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the Virgin Islands.; and

(3)

in section 793(c)—

(A)

in paragraph (2)(A), by striking 51 States and inserting 56 States;

(B)

in paragraph (2)(A), by striking 1.96 percent and inserting 1.785 percent;

(C)

in paragraph (2)(B), by striking 51 States and inserting 56 States; and

(D)

in paragraph (2)(B), by amending clause (ii) to read as follows:

(ii)

the amount of funds remaining after each State described in paragraph (1) receives the 1.785-percent allocation under this paragraph.

.

129.

Loan guarantees for projects to construct renewable fuel pipelines

(a)

Definitions

Section 1701 of the Energy Policy Act of 2005 (42 U.S.C. 16511) is amended by adding at the end the following:

(6)

Renewable fuel

The term ‘renewable fuel’ has the meaning given the term in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), except that the term shall include all ethanol and biodiesel.

(7)

Renewable fuel pipeline

The term ‘renewable fuel pipeline’ means a common carrier pipeline for transporting renewable fuel.

.

(b)

Renewable fuel pipeline eligibility

Section 1703(b) the Energy Policy Act of 2005 (42 U.S.C. 16513) is amended by adding at the end the following:

(11)

Renewable fuel pipelines.

.

D

State Energy and Environment Development Accounts

131.

Establishment of SEED Accounts

(a)

Definitions

In this section:

(1)

SEED Account

The term SEED Account means a State Energy and Environment Development Account established pursuant to this section.

(2)

State energy office

The term State Energy Office means a State entity eligible for grants under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.).

(b)

Establishment of program

The Administrator shall establish a program under which a State, through its State Energy Office or other State agency designated by the State, may operate a State Energy and Environment Development Account.

(c)

Purpose

The purpose of each SEED Account is to serve as a common State-level repository for managing and accounting for emission allowances provided to States designated for renewable energy and energy efficiency purposes.

(d)

Regulations

Not later than one year after the date of enactment of this Act, the Administrator shall promulgate regulations to carry out this section, including regulations—

(1)

to ensure that each State operates its SEED Account and any subaccounts thereof efficiently and in accordance with this Act and applicable State and Federal laws;

(2)

to prevent waste, fraud, and abuse;

(3)

to indicate the emission allowances that may be deposited in a State’s SEED Account pending distribution or use;

(4)

to indicate the programs and objectives authorized by Federal law for which emission allowances in a SEED Account may be distributed or used;

(5)

to identify the forms of financial assistance and incentives that States may provide through distribution or use of SEED Accounts; and

(6)

to prescribe the form and content of reports that the States are required to submit under this section on the use of SEED Accounts.

(e)

Operation

(1)

Deposits

(A)

In general

In the allowance tracking system established pursuant to section 724(d) of the Clean Air Act, the Administrator shall establish a SEED Account for each State and place in it the allowances allocated pursuant to section 782(g) of the Clean Air Act to be distributed to States pursuant to sections 132 and 201 of this Act.

(B)

Financial account

A State may create a financial account associated with its SEED Account to deposit, retain, and manage any proceeds of any sale of any allowance provided pursuant to this Act pending expenditure or disbursement of those proceeds for purposes permitted under this section. The funds in such an account shall not be commingled with other funds not derived from the sale of allowances provided to the State; however, loans made by the State from such funds pursuant to paragraph (2)(C)(i) may be repaid into such a financial account, including any interest charged.

(2)

Withdrawals

(A)

In general

All allowances distributed pursuant to sections 132 and 201, including the proceeds of any sale of such allowances, shall support renewable energy and energy efficiency programs authorized or approved by the Federal Government.

(B)

Dedicated allowances

Allowances distributed pursuant to sections 132 and 201 that are required by law to be used for specific purposes for a specified period shall be used according to those requirements during that period.

(C)

Undedicated allowances

To the extent that allowances distributed pursuant to sections 132 and 201 are not required by law to be used for specific purposes for a specified period as described in subparagraph (B), such allowances or the proceeds of their sale may be used for any of the following purposes:

(i)

Loans

Loans of allowances, or the proceeds from the sale of allowances, may be provided, interest on commercial loans may be subsidized at an interest rate as low as zero, and other credit support may be provided to support programs authorized to use SEED Account allowance value or any other renewable energy or energy efficiency purpose authorized or approved by the Federal Government.

(ii)

Grants

Grants of allowances or the proceeds of their sale may be provided to support programs authorized to use SEED Account allowance value or any other renewable energy or energy efficiency purpose authorized or approved by the Federal Government.

(iii)

Other forms of support

Allowances or the proceeds of the sale of allowances may be provided for other forms of support for programs authorized to use SEED Account allowance value or any other renewable energy or energy efficiency purpose authorized or approved by the Federal Government.

(iv)

Administrative costs

Except to the extent provided in Federal law authorizing or allocating allowances deposited in a SEED Account, not more than 5 percent of the allowance value in a SEED Account in any year may be used to cover administrative expenses of the SEED Account.

(D)

Subaccounts

A State may request that the Administrator establish accounts for local governments that request such subaccounts to hold allowances distributed to local governments for renewable energy or energy efficiency programs authorized or approved by the Federal Government.

(E)

Intended use plans

(i)

In general

After providing for public review and comment, each State administering a SEED Account shall annually prepare a plan that identifies the intended uses of the allowances or proceeds from the sale of allowances in its SEED Account.

(ii)

Contents

An intended use plan shall include—

(I)

a list of the projects or programs for which withdrawals from the SEED Account are intended in the next fiscal year that begins after the date of the plan, including a description of each project;

(II)

the relationship of each of the projects or programs to an identified Federal purpose authorized by this Act, or any other Federal statute;

(III)

the expected terms of use of allowance value to provide assistance;

(IV)

the criteria and methods established for the distribution of allowances or allowance value;

(V)

a description of the equivalent financial value and status of the SEED Account; and

(VI)

a statement of the mid-term and long-term goals of the State for use of its SEED Account.

(3)

Accountability and transparency

(A)

Controls and procedures

Any State that has a SEED Account shall establish fiscal controls and recordkeeping and accounting procedures for the SEED Account sufficient to ensure proper accounting during appropriate accounting periods for distributions into the SEED Account, transfers from the SEED Account, and SEED Account balances, including any related financial accounts. Such controls and procedures shall conform to generally accepted government accounting principles. Any State that has a SEED Account shall retain records for a period of at least 5 years.

(B)

Audits

Any State that has a SEED Account shall have an annual audit conducted of the SEED Account by an independent public accountant in accordance with generally accepted auditing standards, and shall transmit the results of that audit to the Administrator.

(C)

State report

Each State administering a SEED Account shall make publicly available and submit to the Administrator a report every 2 years on its activities related to its SEED Account.

(D)

Public information

Any—

(i)

controls and procedures established under subparagraph (A); and

(ii)

information obtained through audits conducted under subparagraph (B), except to the extent that it would be protected from disclosure, if it were information held by the Federal Government, under section 552(b) of title 5, United States Code,

shall be made publicly available.
(E)

Other protections

The Administrator shall require such additional procedures and protections as are necessary to ensure that any State that has a SEED Account will operate the SEED Account in an accountable and transparent manner.

(f)

Requirements for eligibility

A State’s eligibility to receive allowances in its SEED Account shall depend on that State’s compliance with the requirements of this Act (and the amendments made by this Act).

(g)

Authorization of appropriations

There are authorized to be appropriated to the Administrator such sums as may be necessary for SEED Account operations.

132.

Support of State renewable energy and energy efficiency programs

(a)

Definitions

For purposes of this section:

(1)

Allowance

The term allowance means an emission allowance established under section 721 of the Clean Air Act (as added by section 311 of this Act).

(2)

Cost-effective

The term cost-effective, with respect to an energy efficiency program, means that the program meets the Total Resource Cost Test, which requires that the net present value of economic benefits over the life of the program or measure, including avoided supply and delivery costs and deferred or avoided investments, is greater than the net present value of the economic costs over the life of the program, including program costs and incremental costs borne by the energy consumer.

(3)

Renewable energy resource

The term renewable energy resource shall have the meaning given that term in section 610 of the Public Utility Regulatory Policies Act of 1978 (as added by section 101 of this Act).

(4)

Vintage year

The term vintage year shall the meaning given that term in section 700 of the Clean Air Act (as added by section 311 of this Act).

(b)

Distribution among states

Not later than September 30 of each calendar year from 2011 through 2049, the Administrator shall, in accordance with this section, distribute allowances allocated pursuant to section 782(g)(1) of the Clean Air Act (as added by section 311 of this Act) for the following vintage year. The Administrator shall distribute 0.5 percent of such allowances pursuant to section 133 of this Act. The Administrator shall distribute the remaining allowances to States for renewable energy and energy efficiency programs to be deposited in and administered through the State Energy and Environment Development (SEED) Accounts established pursuant to section 131. The Administrator shall distribute allowances among the States under this section each year in accordance with the following formula:

(1)

One third of the allowances shall be divided equally among the States.

(2)

One third of the allowances shall be distributed ratably among the States based on the population of each State, as contained in the most recent reliable census data available from the Bureau of the Census, Department of Commerce, for all States at the time the Administrator calculates the formula for distribution.

(3)

One third of the allowances for shall be distributed ratably among the States on the basis of the energy consumption of each State as contained in the most recent State Energy Data Report available from the Energy Information Administration (or such alternative reliable source as the Administrator may designate).

(c)

Uses

The allowances distributed to each State pursuant to this section shall be used exclusively in accordance with the following requirements:

(1)

Not less than 12.5 percent shall be distributed by the State to units of local government within such State to be used exclusively to support the energy efficiency and renewable energy purposes listed in paragraphs (2) and (3).

(2)

Not less than 20 percent shall be used exclusively for the following energy efficiency purposes, provided that not less than 1 percent shall be used for the purpose described in subparagraph (D) and not less than 5 percent shall be used for the purpose described in subparagraph (E):

(A)

Implementation and enforcement of building codes adopted in compliance with section 201.

(B)

Implementation of the energy efficient manufactured homes program established pursuant to section 203.

(C)

Implementation of the building energy performance labeling program established pursuant to section 204.

(D)

Low-income community energy efficiency programs that are consistent with the grant program established under section 264 of this Act.

(E)

Implementation of the Retrofit for Energy and Environmental Performance (REEP) program established pursuant to section 202.

(3)

Not less than 20 percent shall be used exclusively for capital grants, tax credits, production incentives, loans, loan guarantees, forgivable loans, and interest rate buy-downs for—

(A)

re-equipping, expanding, or establishing a manufacturing facility that receives certification from the Secretary of Energy pursuant to section 1302 of the American Recovery and Reinvestment Act of 2009 for the production of—

(i)

property designed to be used to produce energy from renewable energy sources; and

(ii)

electricity storage systems;

(B)

deployment of technologies to generate electricity from renewable energy sources; and

(C)

deployment of facilities or equipment, such as solar panels, to generate electricity or thermal energy from renewable energy resources in and on buildings in an urban environment.

(4)

The remaining 47.5 percent shall be used exclusively for any of the following purposes:

(A)

Energy efficiency purposes described in paragraph (2).

(B)

Renewable energy purposes described in paragraph (3)(B) and (C).

(C)

Cost-effective energy efficiency programs for end-use consumers of electricity, natural gas, home heating oil, or propane, including, where appropriate, programs or mechanisms administered by local governments and entities other than the State.

(D)

Enabling the development of a Smart Grid (as described in section 1301 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17381)) for State, local government, and other public buildings and facilities, including integration of renewable energy resources and distributed generation, demand response, demand side management, and systems analysis.

(E)

Providing the non-Federal share of support for surface transportation capital projects under—

(i)

sections 5307, 5308, 5309, 5310, 5311 and 5319 of title 49, United States Code; and

(ii)

sections 142, 146, and 149 of title 23, United States Code,

provided that not more than 10 percent of allowances distributed to each State pursuant to this section shall be used for such purpose.
(5)

For any allowances used for the purpose described in paragraph (4)(C), the State shall—

(A)

prioritize expansion of existing energy efficiency programs approved and overseen by the State or the appropriate State regulatory authority; and

(B)

demonstrate that such allowances have been used to supplement, and not to supplant, existing and otherwise available State, local, and ratepayer funding for such purpose.

(d)

Reporting

Each State receiving allowances under this section shall include in its biennial reports required under section 131, in accordance with such requirements as the Administrator may prescribe

(1)

a list of entities receiving allowances or allowance value under this section, including entities receiving such allowances or allowance value from units of local government pursuant to subsection (c)(1);

(2)

the amount and nature of allowances or allowance value received by each such recipient;

(3)

the specific purposes for which such allowances or allowance value was conveyed to each such recipient;

(4)

documentation of the amount of energy savings, emission reductions, renewable energy deployment, and new or retooled manufacturing capacity resulting from the use of such allowances or allowance value; and

(5)

for any energy efficiency program supported under subsection (c)(4)(C)—

(A)

an assessment demonstrating the cost-effectiveness of such program; and

(B)

a demonstration that the requirements set forth in subsection (c)(5) have been satisfied.

(e)

Enforcement

If the Administrator determines that a State is not in compliance with this section, the Administrator may withhold up to twice the number of allowances that the State failed to use in accordance with the requirements of this section, that such State would otherwise be eligible to receive under this section in later years. Allowances withheld pursuant to this subsection shall be distributed among the remaining States in accordance with the requirements of subsection (b).

133.

Support of Indian renewable energy and energy efficiency programs

(a)

Definitions

For purposes of this section:

(1)

Allowance; cost-effective; renewable energy resource

The terms allowance, cost-effective, and renewable energy resource have the meaning given those terms in section 132 of this Act.

(2)

Indian tribe

The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25. U.S.C. 450b).

(3)

Secretary

The term Secretary means the Secretary of Energy.

(b)

Establishment

Not later than 18 months after the date of enactment of this Act, the Secretary shall, in consultation with the Administrator and the Secretary of the Interior, promulgate regulations establishing a program to distribute allowances to Indian tribes on a competitive basis for the following purposes:

(1)

Energy efficiency

Cost-effective energy efficiency programs for end-use consumers of electricity, natural gas, home heating oil, or propane.

(2)

Renewable energy

Deployment of technologies to generate electricity from renewable energy resources.

(c)

Requirements

The regulations promulgated pursuant to subsection (b) shall prescribe design elements and requirements of the program established under this section, including—

(1)

objective criteria for evaluating proposals submitted by Indian tribes, and for selecting projects and programs to receive support, under this section;

(2)

reporting requirements for Indian tribes that receive allowances under this section; and

(3)

other appropriate elements and requirements.

(d)

Distribution

The Administrator shall, at the direction of the Secretary, distribute to Indian tribes allowances that are set aside, pursuant to section 132, for use under this section.

E

Smart Grid Advancement

141.

Definitions

For purposes of this subtitle:

(1)

The term applicable baseline means the average of the highest three annual peak demands a load-serving entity has experienced during the 5 years immediately prior to the date of enactment of this Act.

(2)

The term Commission means Federal Energy Regulatory Commission.

(3)

The term load-serving entity means an entity that provides electricity directly to retail consumers with the responsibility to assure power quality and reliability, including such entities that are investor-owned, publicly owned, owned by rural electric cooperatives, or other entities.

(4)

The term peak demand means the highest point of electricity demand, net of any distributed electricity generation or storage from sources on the load-serving entity’s customers’ premises, during any hour on the system of a load serving entity during a calendar year, expressed in Megawatts (MW), or more than one such high point as a function of seasonal demand changes.

(5)

The term peak demand reduction means the reduction in annual peak demand as compared to a previous baseline year or period, expressed in Megawatts (MW), whether accomplished by—

(A)

diminishing the end-use requirements for electricity;

(B)

use of locally stored energy or generated electricity to meet those requirements from distributed resources on the load-serving entity’s customers’ premises and without use of high-voltage transmission; or

(C)

energy savings from efficient operation of the distribution grid resulting from the use of a Smart Grid.

(6)

The term peak demand reduction plan means a plan developed by or for a load-serving entity that it will implement to meet its peak demand reduction goals.

(7)

The term peak period means the time period on the system of a load-serving entity relative to peak demand that may warrant special measures or electricity resources to maintain system reliability while meeting peak demand.

(8)

The term Secretary means the Secretary of Energy.

(9)

The term Smart Grid has the meaning provided by section 1301 of the Energy Independence and Security Act of 2007 (15 U.S.C. 17381).

142.

Assessment of Smart Grid cost effectiveness in products

(a)

Assessment

Within one year after the date of enactment of this Act, the Secretary and the Administrator shall each assess the potential for cost-effective integration of Smart Grid technologies and capabilities in all products that are reviewed by the Department of Energy and the Environmental Protection Agency, respectively, for potential designation as Energy Star products.

(b)

Analysis

(1)

Within 2 years after the date of enactment of this Act, the Secretary and the Administrator shall each prepare an analysis of the potential energy savings, greenhouse gas emission reductions, and electricity cost savings that could accrue for each of the products identified by the assessment in subsection (a) in the following optimal circumstances:

(A)

The products possessed Smart Grid capability and interoperability that is tested and proven reliable.

(B)

The products were utilized in an electricity utility service area which had Smart Grid capability and offered customers rate or program incentives to use the products.

(C)

The utility’s rates reflected national average costs, including average peak and valley seasonal and daily electricity costs.

(D)

Consumers using such products took full advantage of such capability.

(E)

The utility avoided incremental investments and rate increases related to such savings.

(2)

The analysis under paragraph (1) shall be considered the best case Smart Grid analysis. On the basis of such an analysis for each product, the Secretary and the Administrator shall determine whether the installation of Smart Grid capability for such a product would be cost effective. For purposes of this paragraph, the term cost effective means that the cumulative savings from using the product under the best case Smart Grid circumstances for a period of one-half of the product’s expected useful life will be greater than the incremental cost of the Smart Grid features included in the product.

(3)

To the extent that including Smart Grid capability in any products analyzed under paragraph (2) is found to be cost effective in the best case, the Secretary and the Administrator shall, not later than 3 years after the date of enactment of this Act take each of the following actions:

(A)

Inform the manufacturer of such product of such finding of cost effectiveness.

(B)

Assess the potential contributions the development and use of products with Smart Grid technologies bring to reducing peak demand and promoting grid stability.

(C)

Assess the potential national energy savings and electricity cost savings that could be realized if Smart Grid potential were installed in the relevant products reviewed by the Energy Star program.

(D)

Assess and identify options for providing consumers information on products with Smart Grid capabilities, including the necessary conditions for cost-effective savings.

(E)

Submit a report to Congress summarizing the results of the assessment for each class of products, and presenting the potential energy and greenhouse gas savings that could result if Smart Grid capability were installed and utilized on such products.

143.

Inclusions of Smart Grid capability on appliance ENERGY GUIDE labels

Section 324(a)(2) of the Energy Policy and Conservation Act (42 U.S.C. 6294(a)(2)) is amended by adding the following at the end:

(J)
(i)

Not later than 1 year after the date of enactment of this subparagraph, the Federal Trade Commission shall initiate a rulemaking to consider making a special note in a prominent manner on any ENERGY GUIDE label for any product actually including Smart Grid capability that—

(I)

Smart Grid capability is a feature of that product;

(II)

the use and value of that feature depended on the Smart Grid capability of the utility system in which the product was installed and the active utilization of that feature by the customer; and

(III)

on a utility system with Smart Grid capability, the use of the product’s Smart Grid capability could reduce the customer’s cost of the product’s annual operation by an estimated dollar amount range representing the result of incremental energy and electricity cost savings that would result from the customer taking full advantage of such Smart Grid capability.

(ii)

Not later than 3 years after the date of enactment of this subparagraph, the Commission shall complete the rulemaking initiated under clause (i).

.

144.

Smart Grid peak demand reduction goals

(a)

Goals

Not later than one year after the date of enactment of this section, each load-serving entity, or, at the option of the State, each State with respect to load-serving entities that the State regulates, shall determine and publish peak demand reduction goals for any load-serving entities that have an applicable baseline in excess of 250 megawatts.

(b)

Baselines

(1)

The Commission, in consultation with the Secretary and the Administrator, shall develop and publish, after an opportunity for public comment, but not later than 180 days after enactment of this section, a methodology to provide for adjustments or normalization to a load-serving entity’s applicable baseline over time to reflect changes in the number of customers served, weather conditions, general economic conditions, and any other appropriate factors external to peak demand management, as determined by the Commission.

(2)

The Commission shall support load-serving entities (including any load-serving entities with an applicable baseline of less than 250 megawatts that volunteer to participate in achieving the purposes of this section) in determining their applicable baselines, and in developing their peak demand reduction goals.

(3)

The Secretary, in consultation with the Commission, the Administrator, and the North American Electric Reliability Corporation, shall develop a system and rules for measurement and verification of demand reductions.

(c)

Peak demand reduction goals

(1)

Peak demand reduction goals may be established for an individual load-serving entity, or, at the determination of a State, tribal, or regional entity, by that State, tribal, or regional entity for a larger region that shares a common system peak demand and for which peak demand reduction measures would offer regional benefit.

(2)

A State or regional entity establishing peak demand reduction goals shall cooperate, as necessary and appropriate, with the Commission, the Secretary, State regulatory commissions, State energy offices, the North American Electric Reliability Corporation, and other relevant authorities.

(3)

In determining the applicable peak demand reduction goals—

(A)

States and other jurisdictional entities may utilize the results of the 2009 National Demand Response Potential Assessment, as authorized by section 571 of the National Energy Conservation Policy Act (42 U.S.C. 8279); and

(B)

the relative economics of peak demand reduction and generation required to meet peak demand shall be evaluated in a neutral and objective manner.

(4)

The applicable peak demand reduction goals shall provide that—

(A)

load-serving entities will reduce or mitigate peak demand by a minimum percentage amount from the applicable baseline to a lower peak demand during calendar year 2012;

(B)

load-serving entities will reduce or mitigate peak demand by a minimum percentage greater amount from the applicable baseline to a lower peak demand during calendar year 2015; and

(C)

the minimum percentage reductions established as peak demand reduction goals shall be the maximum reductions that are realistically achievable with an aggressive effort to deploy Smart Grid and peak demand reduction technologies and methods, including but not limited to those listed in subsection (d).

(d)

Plan

Each load-serving entity shall prepare a peak demand reduction plan that demonstrates its ability to meet each applicable goal by any or a combination of the following options:

(1)

Direct reduction in megawatts of peak demand through—

(A)

energy efficiency measures (including efficient transmission wire technologies which significantly reduce line loss compared to traditional wire technology) with reliable and continued application during peak demand periods; or

(B)

use of a Smart Grid.

(2)

Demonstration that an amount of megawatts equal to a stated portion of the applicable goal is contractually committed to be available for peak reduction through one or more of the following:

(A)

Megawatts enrolled in demand response programs.

(B)

Megawatts subject to the ability of a load-serving entity to call on demand response programs, smart appliances, smart electricity or energy storage devices, distributed generation resources on the entity’s customers’ premises, or other measures directly capable of actively, controllably, reliably, and dynamically reducing peak demand (dynamic peak management control).

(C)

Megawatts available from distributed dynamic electricity or energy storage under agreement with the owner of that storage.

(D)

Megawatts committed from dispatchable distributed generation demonstrated to be reliable under peak period conditions and in compliance with air quality regulations.

(E)

Megawatts available from smart appliances and equipment with Smart Grid capability available for direct control by the utility through agreement with the customer owning the appliances or equipment or with a third party pursuant to such agreements.

(F)

Megawatts from a demonstrated and assured minimum of distributed solar electric generation capacity in instances where peak period and peak demand conditions are directly related to solar radiation and accompanying heat.

(3)

If any of the methods listed in subparagraph (C), (D), or (E) of paragraph (2) are relied upon to meet its peak demand reduction goals, the load-serving entity must demonstrate this capability by operating a test during the applicable calendar year.

(4)

Nothing in this section shall require the publication in peak demand reduction goals or in any peak demand reduction plan of any information that is confidential for competitive or other reasons or that identifies individual customers.

(e)

Existing authority and requirements

Nothing in this section diminishes or supersedes any authority of a State or political subdivision of a State to adopt or enforce any law or regulation respecting peak demand management, demand response, distributed energy storage, use of distributed generation, or the regulation of load-serving entities. The Commission, in consultation with States and Indian tribes having such peak management, demand response and distributed energy storage programs, shall to the maximum extent practicable, facilitate coordination between the Federal program and such State and tribal programs.

(f)

Relief

The Commission may, for good cause, grant relief to load-serving entities from the requirements of this section.

(g)

Other laws

Except as provided in subsections (e) and (f), no law or regulation shall relieve any person of any requirement otherwise applicable under this section.

(h)

Compliance

(1)

The Commission shall within one year after the date of enactment of this Act establish a public website where the Commission will provide information and data demonstrating compliance by States, Indian tribes regional entities, and load-serving entities with this section, including the success of load-serving entities in meeting applicable peak demand reduction goals.

(2)

The Commission shall, by April 1 of each year beginning in 2012, provide a report to Congress on compliance with this section and success in meeting applicable peak demand reduction goals and, as appropriate, shall make recommendations as to how to increase peak demand reduction efforts.

(3)

The Commission shall note in each such report any State, political subdivision of a State, or load-serving entity that has failed to comply with this section, or is not a part of any region or group of load-serving entities serving a region that has complied with this section.

(4)

The Commission shall have and exercise the authority to take reasonable steps to modify the process of establishing peak demand reduction goals and to accept adjustments to them as appropriate when sought by load-serving entities.

(i)

Assistance and funding

(1)

Assistance to States and tribes

Any costs incurred by States for activities undertaken pursuant to this section shall be supported by the use of emission allowances allocated to the States’ SEED Accounts or to the tribes pursuant to section 132 of this Act. To the extent that a State provides allowances to local governments within the State to implement this program, that shall be deemed a distribution of such allowances to units of local government pursuant to subsection (c)(1) of that section.

(2)

Funding

There are authorized to be appropriated such sums as may be necessary to the Commission, the Secretary, and the Administrator to carry out the provisions of this section.

145.

Reauthorization of energy efficiency public information program to include Smart Grid information

(a)

In general

Section 134 of the Energy Policy Act of 2005 (42 U.S.C. 15832) is amended as follows:

(1)

By amending the section heading to read as follows: Energy efficiency and Smart Grid public information initiative.

(2)

In paragraph (1) of subsection (a) by striking reduce energy consumption during the 4-year period beginning on the date of enactment of this Act and inserting increase energy efficiency and to adopt Smart Grid technology and practices.

(3)

In paragraph (2) of subsection (a) by striking benefits to consumers of reducing and inserting economic and environmental benefits to consumers and the United States of optimizing.

(4)

In subsection (a) by inserting at the beginning of paragraph (3) the effect of energy efficiency and Smart Grid capability in reducing energy and electricity prices throughout the economy, together with.

(5)

In subsection (a)(4) by redesignating subparagraph (D) as (E), by striking and at the end of subparagraph (C), and by inserting after subparagraph (C) the following:

(D)

purchasing and utilizing equipment that includes Smart Grid features and capability; and

.

(6)

In subsection (c), by striking Not later than July 1, 2009,” and inserting, “For each year when appropriations pursuant to the authorization in this section exceed $10,000,000,.

(7)

In subsection (d) by striking 2010 and inserting 2020.

(8)

In subsection (e) by striking 2010 and inserting 2020.

(b)

Table of contents

The item relating to section 134 in the table of contents for the Energy Policy Act of 2005 (42 U.S.C. 15801 and following) is amended to read as follows:

Sec. 134. Energy efficiency and Smart Grid public information initiative.

.

146.

Inclusion of Smart Grid features in appliance rebate program

(a)

Amendments

Section 124 of the Energy Policy Act of 2005 (42 U.S.C. 15821) is amended as follows:

(1)

By amending the section heading to read as follows: Energy efficient and smart appliance rebate program..

(2)

By redesignating paragraphs (4) and (5) of subsection (a) as paragraphs (5) and (6), respectively, and inserting after paragraph (3) the following:

(4)

Smart appliance

The term smart appliance means a product that the Administrator of the Environmental Protection Agency or the Secretary of Energy has determined qualifies for such a designation in the Energy Star program pursuant to section 142 of the American Clean Energy and Security Act of 2009, or that the Secretary or the Administrator has separately determined includes the relevant Smart Grid capabilities listed in section 1301 of the Energy Independence and Security Act of 2007 (15 U.S.C. 17381).

.

(3)

In subsection (b)(1) by inserting and smart after efficient and by inserting after products the first place it appears , including products designated as being smart appliances.

(4)

In subsection (b)(3), by inserting the administration of after carry out.

(5)

In subsection (d), by inserting the administration of after carrying out and by inserting , and up to 100 percent of the value of the rebates provided pursuant to this section before the period at the end.

(6)

In subsection (e)(3), by inserting , with separate consideration as applicable if the product is also a smart appliance, after Energy Star product the first place it appears and by inserting or smart appliance before the period at the end.

(7)

In subsection (f), by striking $50,000,000 through the period at the end and inserting $100,000,000 for each fiscal year from 2010 through 2015..

(b)

Table of contents

The item relating to section 124 in the table of contents for the Energy Policy Act of 2005 (42 U.S.C. 15801 and following) is amended to read as follows:

Sec. 124. Energy efficient and smart appliance rebate program.

.

F

Transmission Planning

151.

Transmission planning

Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding after section 216 the following new section:

216A.

Transmission planning

(a)

Federal policy

(1)

Objectives

It is the policy of the United States that regional electric grid planning should facilitate the deployment of renewable and other zero-carbon energy sources for generating electricity to reduce greenhouse gas emissions while ensuring reliability, reducing congestion, ensuring cyber-security, and providing for cost-effective electricity services throughout the United States.

(2)

Options

In addition to the policy under paragraph (1), it is the policy of the United States that regional electric grid planning to meet these objectives should take into account all significant demand-side and supply-side options, including energy efficiency, distributed generation, renewable energy and zero-carbon electricity generation technologies, smart-grid technologies and practices, demand response, electricity storage, voltage regulation technologies, high capacity conductors with at least 25 percent greater efficiency than traditional ACSR (aluminum stranded conductors steel reinforced) conductors, superconductor technologies, underground transmission technologies, and new conventional electric transmission capacity and corridors.

(b)

Planning

(1)

Planning principles

Not later than 1 year after the date of enactment of this section, the Commission shall adopt, after notice and opportunity for comment, national electricity grid planning principles derived from the Federal policy established under subsection (a) to be applied in ongoing and future transmission planning that may implicate interstate transmission of electricity.

(2)

Regional planning entities

Not later than 3 months after the date of adoption by the Commission of national electricity grid planning principles pursuant to paragraph (1), entities that conduct or may conduct transmission planning pursuant to State, tribal, or Federal law or regulation, including States, Indian tribes, entities designated by States and Indian tribes, Federal Power Marketing Administrations, public utility transmission providers, operators and owners, regional organizations, and electric utilities, and that are willing to incorporate the national electricity grid planning principles adopted by the Commission in their electric grid planning, shall identify themselves and the regions for which they propose to develop plans to the Commission.

(3)

Coordination of regional planning entities

The Commission shall encourage regional planning entities described under paragraph (2) to cooperate and coordinate across regions and to harmonize regional electric grid planning with planning in adjacent or overlapping jurisdictions to the maximum extent feasible. The Commission shall work with States, Indian tribes, Federal Power Marketing Administrations, public utilities transmission providers, load-serving entities, transmission operators, Regional Transmission Organizations, Independent System Operators, and other organizations to resolve any conflict or competition among proposed planning entities in order to build consensus and promote the Federal policy established under subsection (a). The Commission shall seek to ensure that planning that is consistent with the national electricity grid planning principles adopted pursuant to paragraph (1) is conducted in all regions of the United States and the territories.

(4)

Relation to existing planning policy

In implementing the Federal policy established under subsection (a), the Commission shall—

(A)

incorporate any ongoing planning efforts undertaken pursuant to section 217;

(B)

consult with and invite the participation of the Secretary of Energy in relationship to the Secretary’s duties pursuant to section 216; and

(C)

coordinate with the Secretaries of the Interior and Agriculture and with Indian tribes in carrying out the Secretaries’ or tribal governments’ existing responsibilities for the planning or siting of transmission facilities on Federal or tribal lands.

(5)

Assistance

(A)

In general

The Commission shall provide support to and participate in the regional grid planning processes conducted by regional planning entities. The Commission may provide planning resources and assistance as required or as requested by regional planning entities, including system data, cost information, system analysis, technical expertise, modeling support, dispute resolution services, and other assistance to regional planning entities, as appropriate.

(B)

Authorization

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

(6)

Conflict resolution

In the event that regional grid plans conflict, the Commission shall assist the regional planning entities in resolving such conflicts in order to achieve the objectives of the Federal policy established under subsection (a).

(7)

Submission of plans

The Commission shall require regional planning entities to submit initial regional electric grid plans to the Commission not later than 18 months after the date the Commission promulgates national electricity grid planning principles pursuant to paragraph (1) and to update such plans not less than every 3 years thereafter. Regional electric grid plans should, in general, be developed from sub-regional requirements and plans, including planning input reflecting individual utility service areas. Regional plans may then in turn be combined into larger regional plans, up to interconnection-wide and national plans, as appropriate and necessary as determined by the Commission. The Commission shall review such plans for consistency with the national grid planning principles and may return a plan to one or more planning entities for further consideration, along with the Commission’s own recommendations for resolution of any conflict or for improvement. To the extent practicable, all plans submitted to the Commission shall be public documents and available on the Commission’s website.

(8)

Multi-regional meetings

As regional grid plans are submitted to the Commission, the Commission may convene multi-regional meetings to discuss regional grid plan consistency and integration, including requirements for multi-regional projects, and to resolve any conflicts that emerge from such multi-regional projects. The Commission shall provide its recommendations for eliminating any inter-regional conflicts.

(9)

Report to congress

Not later than 3 years after the date of enactment of this section, the Commission shall provide a report to Congress containing the results of the initial regional grid planning process, including summaries of the adopted regional plans. The Commission shall provide an electronic version of its report on its website with links to all regional and sub-regional plans taken into account. The Commission shall note and provide its recommended resolution for any conflicts not resolved during the planning process. The Commission shall make any recommendations to Congress on the appropriate Federal role or support required to address the needs of the electric grid, including recommendations for addressing any needs that are beyond the reach of existing State, tribal, and Federal authority.

.

152.

Net metering for Federal agencies

(a)

Standard

Subsection (b) of section 113 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2623) is amended by adding the following new paragraph at the end thereof:

(6)

Net metering for Federal agencies

Each electric utility shall offer to arrange (either directly or through a third party) to make interconnection and net metering available to Federal Government agencies, offices, or facilities in accordance with the requirements of section 115(j). The standard under this paragraph shall apply only to electric utilities that sold over 4,000,000 megawatt hours of electricity in the preceding year to the ultimate consumers thereof. In the case of a standard under this paragraph, a period of 1 year after the date of the enactment of this section shall be substituted for the 2-year period referred to in other provisions of this section.

.

(b)

Special rules

Section 115 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2625) is amended by adding the following new subsection at the end thereof:

(j)

Net metering for Federal agencies

(1)

The standard under paragraph (6) of section 113(b) shall require that rates and charges and contract terms and conditions for the sale of electric energy to the Federal Government or agency shall be the same as the rates and charges and contract terms and conditions that would be applicable if the agency did not own or operate a qualified generation unit and use a net metering system.

(2)
(A)

The standard under paragraph (6) of section 113(b) shall require that each electric utility shall arrange to provide to the Government office or agency that qualifies for net metering an electrical energy meter capable of net metering and measuring, to the maximum extent practicable, the flow of electricity to or from the customer, using a single meter and single register, the cost of which shall be recovered from the customer.

(B)

In a case in which it is not practicable to provide a meter under subparagraph (A), the utility (either directly or through a third party) shall, at the expense of the utility install 1 or more of those electric energy meters.

(3)
(A)

The standard under paragraph (6) of section 113(b) shall require that each electric utility shall calculate the electric energy consumption for the Government office or agency using a net metering system that meets the requirements of this subsection and paragraph (6) of section 113(b) and shall measure the net electricity produced or consumed during the billing period using the metering installed in accordance with this paragraph.

(B)

If the electricity supplied by the retail electric supplier exceeds the electricity generated by the Government office or agency during the billing period, the Government office or agency shall be billed for the net electric energy supplied by the retail electric supplier in accordance with normal billing practices.

(C)

If electric energy generated by the Government office or agency exceeds the electric energy supplied by the retail electric supplier during the billing period, the Government office or agency shall be billed for the appropriate customer charges for that billing period and credited for the excess electric energy generated during the billing period, with the credit appearing as a kilowatt-hour credit on the bill for the following billing period.

(D)

Any kilowatt-hour credits provided to the Government office or agency as provided in this subsection shall be applied to the Government office or agency electric energy consumption on the following billing period bill (except for a billing period that ends in the next calendar year). At the beginning of each calendar year, any unused kilowatt-hour credits remaining from the preceding year will carry over to the new year.

(4)

The standard under paragraph (6) of section 113(b) shall require that each electric utility shall offer a meter and retail billing arrangement that has time-differentiated rates. The kilowatt-hour credit shall be based on the ratio representing the difference in retail rates for each time-of-use rate, or the credits shall be reflected on the bill of the Government office or agency as a monetary credit reflecting retail rates at the time of generation of the electric energy by the customer-generator.

(5)

The standard under paragraph (6) of section 113(b) shall require that the qualified generation unit, interconnection standards, and net metering system used by the Government office or agency shall meet all applicable safety and performance and reliability standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, Underwriters Laboratories, and the American National Standards Institute.

(6)

The standard under paragraph (6) of section 113(b) shall require that electric utilities shall not make additional charges, including standby charges, for equipment or services for safety or performance that are in addition to those necessary to meet the other standards and requirements of this subsection and paragraph (6) of section 113(b).

(7)

For purposes of this subsection and paragraph (6) of section 113(b):

(A)

The term ‘Government’ means any office, facility, or agency of the Federal Government.

(B)

The term ‘customer-generator’ means the owner or operator of a electricity generation unit.

(C)

The term ‘electric generation unit’ means any renewable electric generation unit that is owned, operated, or sited on a Federal Government facility.

(D)

The term ‘net metering’ means the process of—

(i)

measuring the difference between the electricity supplied to a customer-generator and the electricity generated by the customer-generator that is delivered to a utility at the same point of interconnection during an applicable billing period; and

(ii)

providing an energy credit to the customer-generator in the form of a kilowatt-hour credit for each kilowatt-hour of electricity produced by the customer-generator from an electric generation unit.

.

(c)

Savings provision

If this section or a portion of this section is determined to be invalid or unenforceable, that shall not affect the validity or enforceability of any other provision of this Act.

153.

Support for qualified advanced electric transmission manufacturing plants, qualified high efficiency transmission property, and qualified advanced electric transmission property

(a)

Loan Guarantees Prior to September 30, 2011

Section 1705(a) of the Energy Policy Act of 2005 (42 U.S.C. 16515(a)), as added by section 406 of the American Recovery and Reinvestment Act of 2009 (Public Law 109-58; 119 Stat. 594) is amended by adding the following new paragraph at the end thereof:

(5)

The development, construction, acquisition, retrofitting, or engineering integration of a qualified advanced electric transmission manufacturing plant or the construction of a qualified high efficiency transmission property or a qualified advanced electric transmission property (whether by construction of new facilities or the modification of existing facilities). For purposes of this paragraph:

(A)

The term qualified advanced electric transmission property means any high voltage electric transmission cable, related substation, converter station, or other integrated facility that—

(i)

utilizes advanced ultra low resistance superconductive material or other advanced technology that has been determined by the Secretary of Energy as—

(I)

reasonably likely to become commercially viable within 10 years after the date of enactment of this paragraph;

(II)

capable of reliably transmitting at least 5 gigawatts of high-voltage electric energy for distances greater than 300 miles with energy losses not exceeding 3 percent of the total power transported; and

(III)

not creating an electromagnetic field;

(ii)

has been determined by an appropriate energy regulatory body, upon application, to be in the public interest and thereby eligible for inclusion in regulated rates; and

(iii)

can be located safely and economically in a permanent underground right of way not to exceed 25 feet in width.

The term qualified advanced electric transmission property shall not include any property placed in service after December 31, 2016.
(B)
(i)

The term qualified high efficiency transmission property means any high voltage overhead electric transmission line, related substation, or other integrated facility that—

(I)

utilizes advanced conductor core technology that—

(aa)

has been determined by the Secretary of Energy as reasonably likely to become commercially viable within 10 years after the date of enactment of this paragraph;

(bb)

is suitable for use on transmission lines up to 765kV; and

(cc)

exhibits power losses at least 30 percent lower than that of transmission lines using conventional ACSR conductors;

(II)

has been determined by an appropriate energy regulatory body, upon application, to be in the public interest and thereby eligible for inclusion in regulated rates; and

(III)

can be located safely and economically in a right of way not to exceed that used by conventional ACSR conductors; and

(ii)

The term qualified high efficiency transmission property shall not include any property placed in service after December 31, 2016.

(C)

The term qualified advanced electric transmission manufacturing plant means any industrial facility located in the United States which can be equipped, re-equipped, expanded, or established to produce in whole or in part qualified advanced electric transmission property.

.

(b)

Additional Loan Guarantee Authority

Section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 16513) is amended by adding the following new paragraph at the end of subsection (b):

(12)

The development, construction, acquisition, retrofitting, or engineering integration of a qualified advanced electric transmission manufacturing plant or the construction of a qualified advanced electric transmission property (whether by construction of new facilities or the modification of existing facilities). For purposes of this paragraph, the terms qualified advanced electric transmission property and qualified advanced electric transmission manufacturing plant have the meanings provided by section 1705(a)(5).

.

(c)

Grants

The Secretary of Energy is authorized to provide grants for up to 50 percent of costs incurred in connection with the development, construction, acquisition of components for, or engineering of a qualified advanced electric transmission property defined in paragraph (5) of section 1705(a) of the Energy Policy Act of 2005 (42 U.S.C. 16515(a)). Such grants may only be made to the first project which qualifies under that paragraph. There are authorized to be appropriated for purposes of this subsection not more than $100,000,000 for fiscal year 2010. The United States shall take no equity or other ownership interest in the qualified advanced electric transmission manufacturing plant or qualified advanced electric transmission property for which funding is provided under this subsection.

G

Technical Corrections to Energy Laws

161.

Technical corrections to Energy Independence and Security Act of 2007

(a)

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

(1)

Section 325(u) of the Energy Policy and Conservation Act (42 U.S.C. 6295(u)) (as amended by section 301(c) of the Energy Independence and Security Act of 2007 (121 Stat. 1550)) is amended—

(A)

by redesignating paragraph (7) as paragraph (4); and

(B)

in paragraph (4) (as so redesignated), by striking supplies is and inserting supply is.

(2)

Section 302 of the Energy Independence and Security Act of 2007 (121 Stat. 1551)) is amended—

(A)

in subsection (a), by striking end of the paragraph and inserting end of subparagraph (A); and

(B)

in subsection (b), by striking 6313(a) and inserting 6314(a).

(3)

Section 343(a)(1) of the Energy Policy and Conservation Act (42 U.S.C. 6313(a)(1)) (as amended by section 302(b) of the Energy Independence and Security Act of 2007 (121 Stat. 1551)) is amended—

(A)

by striking Test procedures and all that follows through At least once and inserting Test procedures.—At least once; and

(B)

by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively (and by moving the margins of such subparagraphs 2 ems to the left).

(4)

Section 342(a)(6) of the Energy Policy and Conservation Act (42 U.S.C. 6313(a)(6)) (as amended by section 305(b)(2) of the Energy Independence and Security Act of 2007 (121 Stat. 1554)) is amended—

(A)

in subparagraph (B)—

(i)

by striking If the Secretary and inserting the following:

(i)

In general

If the Secretary

;

(ii)

by striking clause (ii)(II) and inserting subparagraph (A)(ii)(II);

(iii)

by striking clause (i) and inserting subparagraph (A)(i); and

(iv)

by adding at the end the following:

(ii)

Factors

In determining whether a standard is economically justified for the purposes of subparagraph (A)(ii)(II), the Secretary shall, after receiving views and comments furnished with respect to the proposed standard, determine whether the benefits of the standard exceed the burden of the proposed standard by, to the maximum extent practicable, considering—

(I)

the economic impact of the standard on the manufacturers and on the consumers of the products subject to the standard;

(II)

the savings in operating costs throughout the estimated average life of the product in the type (or class) compared to any increase in the price of, or in the initial charges for, or maintenance expenses of, the products that are likely to result from the imposition of the standard;

(III)

the total projected quantity of energy savings likely to result directly from the imposition of the standard;

(IV)

any lessening of the utility or the performance of the products likely to result from the imposition of the standard;

(V)

the impact of any lessening of competition, as determined in writing by the Attorney General, that is likely to result from the imposition of the standard;

(VI)

the need for national energy conservation; and

(VII)

other factors the Secretary considers relevant.

(iii)

Administration

(I)

Energy use and efficiency

The Secretary may not prescribe any amended standard under this paragraph that increases the maximum allowable energy use, or decreases the minimum required energy efficiency, of a covered product.

(II)

Unavailability

(aa)

In general

The Secretary may not prescribe an amended standard under this subparagraph if the Secretary finds (and publishes the finding) that interested persons have established by a preponderance of the evidence that a standard is likely to result in the unavailability in the United States in any product type (or class) of performance characteristics (including reliability, features, sizes, capacities, and volumes) that are substantially the same as those generally available in the United States at the time of the finding of the Secretary.

(bb)

Other types or classes

The failure of some types (or classes) to meet the criterion established under this subclause shall not affect the determination of the Secretary on whether to prescribe a standard for the other types or classes.

; and

(B)

in subparagraph (C)(iv), by striking An amendment prescribed under this subsection and inserting Notwithstanding subparagraph (D), an amendment prescribed under this subparagraph.

(5)

Section 342(a)(6)(B)(iii) of the Energy Policy and Conservation Act (as added by section 306(c) of the Energy Independence and Security Act of 2007) is transferred and redesignated as clause (vi) of section 342(a)(6)(C) of the Energy Policy and Conservation Act (as amended by section 305(b)(2) of the Energy Independence and Security Act of 2007).

(6)

Section 340 of the Energy Policy and Conservation Act (42 U.S.C. 6311) (as amended by sections 312(a)(2) and 314(a) of the Energy Independence and Security Act of 2007 (121 Stat. 1564, 1569)) is amended by redesignating paragraphs (22) and (23) (as added by section 314(a) of that Act) as paragraphs (23) and (24), respectively.

(7)

Section 345 of the Energy Policy and Conservation Act (42 U.S.C. 6316) (as amended by section 312(e) of the Energy Independence and Security Act of 2007 (121 Stat. 1567)) is amended—

(A)

by striking subparagraphs (B) through (G) each place it appears and inserting subparagraphs (B), (C), (D), (I), (J), and (K);

(B)

by striking part A each place it appears and inserting part B; and

(C)

in subsection (h)(3), by striking section 342(f)(3) and inserting section 342(f)(4).

(8)

Section 340(13) of the Energy Policy and Conservation Act (42 U.S.C. 6311(13)) (as amended by section 313(a) of the Energy Independence and Security Act of 2007 (121 Stat. 1568)) is amended—

(A)

by striking subparagraphs (A) and (B) and inserting the following:

(A)

In general

The term electric motor means any motor that is—

(i)

a general purpose T-frame, single-speed, foot-mounting, polyphase squirrel-cage induction motor of the National Electrical Manufacturers Association, Design A and B, continuous rated, operating on 230/460 volts and constant 60 Hertz line power as defined in NEMA Standards Publication MG1-1987; or

(ii)

a motor incorporating the design elements described in clause (i), but is configured to incorporate one or more of the following variations—

(I)

U-frame motor;

(II)

NEMA Design C motor;

(III)

close-coupled pump motor;

(IV)

footless motor;

(V)

vertical solid shaft normal thrust motor (as tested in a horizontal configuration);

(VI)

8-pole motor; or

(VII)

poly-phase motor with a voltage rating of not more than 600 volts (other than 230 volts or 460 volts, or both, or can be operated on 230 volts or 460 volts, or both).

; and

(B)

by redesignating subparagraphs (C) through (I) as subparagraphs (B) through (H), respectively.

(9)
(A)

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

(i)

in paragraph (1), by striking paragraph (2) and inserting paragraph (3);

(ii)

by redesignating paragraphs (2) and (3) as paragraphs (3) and (4);

(iii)

by inserting after paragraph (1) the following:

(2)

Standards effective beginning December 19, 2010

(A)

In general

Except for definite purpose motors, special purpose motors, and those motors exempted by the Secretary under paragraph (3) and except as provided for in subparagraphs (B), (C), and (D), each electric motor manufactured with power ratings from 1 to 200 horsepower (alone or as a component of another piece of equipment) on or after December 19, 2010, shall have a nominal full load efficiency of not less than the nominal full load efficiency described in NEMA MG-1 (2006) Table 12-12.

(B)

Fire pump electric motors

Except for those motors exempted by the Secretary under paragraph (3), each fire pump electric motor manufactured with power ratings from 1 to 200 horsepower (alone or as a component of another piece of equipment) on or after December 19, 2010, shall have a nominal full load efficiency that is not less than the nominal full load efficiency described in NEMA MG-1 (2006) Table 12-11.

(C)

NEMA Design B electric motors

Except for those motors exempted by the Secretary under paragraph (3), each NEMA Design B electric motor with power ratings of more than 200 horsepower, but not greater than 500 horsepower, manufactured (alone or as a component of another piece of equipment) on or after December 19, 2010, shall have a nominal full load efficiency of not less than the nominal full load efficiency described in NEMA MG-1 (2006) Table 12-11.

(D)

Motors incorporating certain design elements

Except for those motors exempted by the Secretary under paragraph (3), each electric motor described in section 340(13)(A)(ii) manufactured with power ratings from 1 to 200 horsepower (alone or as a component of another piece of equipment) on or after December 19, 2010, shall have a nominal full load efficiency of not less than the nominal full load efficiency described in NEMA MG-1 (2006) Table 12-11.

; and

(iv)

in paragraph (3) (as redesignated by clause (ii)), by striking paragraph (1) each place it appears in subparagraphs (A) and (D) and inserting paragraphs (1) and (2).

(B)

Section 313 of the Energy Independence and Security Act of 2007 (121 Stat. 1568) is repealed.

(C)

The amendments made by—

(i)

subparagraph (A) shall take effect on December 19, 2010; and

(ii)

subparagraph (B) shall take effect on December 19, 2007.

(10)

Section 321(30)(D)(i)(III) of the Energy Policy and Conservation Act (42 U.S.C. 6291(30)(D)(i)(III)) (as amended by section 321(a)(1)(A) of the Energy Independence and Security Act of 2007 (121 Stat. 1574)) is amended by inserting before the semicolon the following: or, in the case of a modified spectrum lamp, not less than 232 lumens and not more than 1,950 lumens.

(11)

Section 321(30)(T) of the Energy Policy and Conservation Act (42 U.S.C. 6291(30)(T) (as amended by section 321(a)(1)(B) of the Energy Independence and Security Act of 2007 (121 Stat. 1574)) is amended—

(A)

in clause (i)—

(i)

by striking the comma after household appliance and inserting and; and

(ii)

by striking and is sold at retail,; and

(B)

in clause (ii), by inserting when sold at retail, before is designated.

(12)

Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) (as amended by sections 321(a)(3)(A) and 322(b) of the Energy Independence and Security Act of 2007 (121 Stat. 1577, 1588)) is amended by striking subsection (i) and inserting the following:

(i)

General service fluorescent lamps, general service incandescent lamps, intermediate base incandescent lamps, candelabra base incandescent lamps, and incandescent reflector lamps

(1)

Energy efficiency standards

(A)

In general

Each of the following general service fluorescent lamps, general service incandescent lamps, intermediate base incandescent lamps, candelabra base incandescent lamps, and incandescent reflector lamps manufactured after the effective date specified in the tables listed in this subparagraph shall meet or exceed the following lamp efficacy, new maximum wattage, and CRI standards:

FLUORESCENT LAMPS
Lamp TypeNominal Lamp WattageMinimum CRIMinimum Average Lamp Efficacy (LPW)Effective Date (Period of Months)
4-foot medium bi-pin>35 W6975.036
≤35 W4575.0 36
2-foot U-shaped>35 W6968.0 36
≤35 W4564.0 36
8-foot slimline 65 W6980.0 18
≤65 W4580.0 18
8-foot high output>100 W6980.0 18
≤100 W4580.0 18
INCANDESCENT REFLECTOR LAMPS
Nominal Lamp WattageMinimum Average Lamp Efficacy (LPW)Effective Date (Period of Months)
 40–5010.536
 51–6611.036
 67–8512.536
 86–11514.036
116–15514.536
156–20515.036
GENERAL SERVICE INCANDESCENT LAMPS
Rated Lumen RangesMaximum Rated WattageMinimum Rated LifetimeEffective 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 RangesMaximum Rated WattageMinimum Rated LifetimeEffective 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
(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

Effective beginning January 1, 2012, a candelabra base incandescent lamp shall not exceed 60 rated watts.

(ii)

Intermediate base incandescent lamps

Effective beginning January 1, 2012, an intermediate base incandescent lamp shall not exceed 40 rated watts.

(D)

Exemptions

(i)

Statutory exemptions

The standards specified in subparagraph (A) 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.

(ii)

Administrative 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 subclause (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 clause, 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 in part 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)

Effective dates

(i)

In general

In this paragraph, except as otherwise provided in a table contained in subparagraph (A) or in clause (ii), the term effective date means the last day of the month specified in the table that follows October 24, 1992.

(ii)

Special effective dates

(I)

ER, br, and bpar lamps

The standards specified in subparagraph (A) 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, or the date that is 180 days after the date of enactment of the Energy Independence and Security Act of 2007.

(II)

Lamps between 2.25–2.75 inches in diameter

The standards specified in subparagraph (A) 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.

(2)

Compliance with existing law

Notwithstanding section 332(a)(5) and section 332(b), it shall not be unlawful for a manufacturer to sell a lamp that is in compliance with the law at the time the lamp was manufactured.

(3)

Rulemaking before October 24, 1995

(A)

In general

Not later than 36 months after October 24, 1992, the Secretary shall initiate a rulemaking procedure and shall publish a final rule not later than the end of the 54-month period beginning on October 24, 1992, to determine whether the standards established under paragraph (1) should be amended.

(B)

Administration

The rule shall contain the amendment, if any, and provide that the amendment shall apply to products manufactured on or after the 36-month period beginning on the date on which the final rule is published.

(4)

Rulemaking before October 24, 2000

(A)

In general

Not later than 8 years after October 24, 1992, the Secretary shall initiate a rulemaking procedure and shall publish a final rule not later than 9 years and 6 months after October 24, 1992, to determine whether the standards in effect for fluorescent lamps and incandescent lamps should be amended.

(B)

Administration

The rule shall contain the amendment, if any, and provide that the amendment shall apply to products manufactured on or after the 36-month period beginning on the date on which the final rule is published.

(5)

Rulemaking for additional general service fluorescent lamps

(A)

In general

Not later than the end of the 24-month period beginning on the date labeling requirements under section 324(a)(2)(C) become effective, the Secretary shall—

(i)

initiate a rulemaking procedure to determine whether the standards in effect for fluorescent lamps and incandescent lamps should be amended so that the standards would be applicable to additional general service fluorescent lamps; and

(ii)

publish, not later than 18 months after initiating the rulemaking, a final rule including the amended standards, if any.

(B)

Administration

The rule shall provide that the amendment shall apply to products manufactured after a date which is 36 months after the date on which the rule is published.

(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; and

(II)

the exclusions for certain incandescent lamps should be maintained or discontinued based, in part, on excluded 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 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 manufacture of any general service lamp that does not meet a minimum efficacy standard of 45 lumens per watt.

(vi)

State preemption

Neither section 327(c) 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 lamps should be amended; and

(II)

the exclusions for certain incandescent lamps should be maintained or discontinued based, in part, on excluded 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 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.

(7)

Federal actions

(A)

Comments of Secretary

(i)

In general

With respect to any lamp to which standards are applicable under this subsection or any lamp specified in section 346, the Secretary shall inform any Federal entity proposing actions that would adversely impact the energy consumption or energy efficiency of the lamp of the energy conservation consequences of the action.

(ii)

Consideration

The Federal entity shall carefully consider the comments of the Secretary.

(B)

Amendment of standards

Notwithstanding section 325(n)(1), the Secretary shall not be prohibited from amending any standard, by rule, to permit increased energy use or to decrease the minimum required energy efficiency of any lamp to which standards are applicable under this subsection if the action is warranted as a result of other Federal action (including restrictions on materials or processes) that would have the effect of either increasing the energy use or decreasing the energy efficiency of the product.

(8)

Compliance

(A)

In general

Not later than the date on which standards established pursuant to this subsection become effective, or, with respect to high-intensity discharge lamps covered under section 346, the effective date of standards established pursuant to that section, each manufacturer of a product to which the standards are applicable shall file with the Secretary a laboratory report certifying compliance with the applicable standard for each lamp type.

(B)

Contents

The report shall include the lumen output and wattage consumption for each lamp type as an average of measurements taken over the preceding 12-month period.

(C)

Other lamp types

With respect to lamp types that are not manufactured during the 12-month period preceding the date on which the standards become effective, the report shall—

(i)

be filed with the Secretary not later than the date that is 12 months after the date on which manufacturing is commenced; and

(ii)

include the lumen output and wattage consumption for each such lamp type as an average of measurements taken during the 12-month period.

.

(13)

Section 325(l)(4)(A) of the Energy Policy and Conservation Act (42 U.S.C. 6295(l)(4)(A)) (as amended by section 321(a)(3)(B) of the Energy Independence and Security Act of 2007 (121 Stat. 1581)) is amended by striking only.

(14)

Section 327(b)(1)(B) of the Energy Policy and Conservation Act (42 U.S.C. 6297(b)(1)(B)) (as amended by section 321(d)(3) of the Energy Independence and Security Act of 2007 (121 Stat. 1585)) is amended—

(A)

in clause (i), by inserting and after the semicolon at the end;

(B)

in clause (ii), by striking ; and and inserting a period; and

(C)

by striking clause (iii).

(15)

Section 321(e) of the Energy Independence and Security Act of 2007 (121 Stat. 1586) is amended—

(A)

in the matter preceding paragraph (1), by striking is amended and inserting (as amended by section 306(b)) is amended; and

(B)

by striking paragraphs (1) and (2) and inserting the following:

(1)

in paragraph (5), by striking or after the semicolon at the end;

(2)

in paragraph (6), by striking the period at the end and inserting ; or; and

.

(16)

Section 332(a) of the Energy Policy and Conservation Act (42 U.S.C. 6302(a)) (as amended by section 321(e) of the Energy Independence and Security Act of 2007 (121 Stat. 1586)) is amended by redesignating the second paragraph (6) as paragraph (7).

(17)

Section 321(30)(C)(ii) of the Energy Policy and Conservation Act (42 U.S.C. 6291(30)(C)(ii)) (as amended by section 322(a)(1)(B) of the Energy Independence and Security Act of 2007 (121 Stat. 1587)) is amended by inserting a period after 40 watts or higher.

(18)

Section 322(b) of the Energy Independence and Security Act of 2007 (121 Stat. 1588)) is amended by striking 6995(i) and inserting 6295(i).

(19)

Section 327(c) of the Energy Policy and Conservation Act (42 U.S.C. 6297(c)) (as amended by sections 324(f) of the Energy Independence and Security Act of 2007 (121 Stat. 1594)) is amended—

(A)

in paragraph (6), by striking or after the semicolon at the end;

(B)

in paragraph (8)(B), by striking and after the semicolon at the end;

(C)

in paragraph (9)—

(i)

by striking except that— and all that follows through if the Secretary fails to issue and inserting except that if the Secretary fails to issue;

(ii)

by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively (and by moving the margins of such subparagraphs 2 ems to the left); and

(iii)

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

(D)

by adding at the end the following:

(10)

is a regulation for general service lamps that conforms with Federal standards and effective dates;

(11)

is an energy efficiency standard for general service lamps enacted into law by the State of Nevada prior to December 19, 2007, if the State has not adopted the Federal standards and effective dates pursuant to subsection (b)(1)(B)(ii); or

.

(20)

Section 325(b) of the Energy Independence and Security Act of 2007 (121 Stat. 1596)) is amended by striking 6924(c) and inserting 6294(c).

(b)

Title IV—Energy savings in buildings and industry

(1)

Section 401 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17061) is amended—

(A)

in paragraph (2), by striking 484 and inserting 494; and

(B)

in paragraph (13), by striking Agency and inserting Administration.

(2)

Section 422 of the Energy Conservation and Production Act (42 U.S.C. 6872) (as amended by section 411(a) of the Energy Independence and Security Act of 2007 (121 Stat. 1600)) is amended by striking 1 of the 2 periods at the end of paragraph (5).

(3)

Section 305(a)(3)(D)(i) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)(i)) (as amended by section 433(a) of the Energy Independence and Security Act of 2007 (121 Stat. 1612)) is amended—

(A)

in subclause (I)—

(i)

by striking in fiscal year 2003 (as measured by Commercial Buildings Energy Consumption Survey or Residential Energy Consumption Survey data from the Energy Information Agency and inserting as measured by the calendar year 2003 Commercial Buildings Energy Consumption Survey or the calendar year 2005 Residential Energy Consumption Survey data from the Energy Information Administration; and

(ii)

in the table at the end, by striking Fiscal Year and inserting Calendar Year; and

(B)

in subclause (II)—

(i)

by striking (II) Upon petition and inserting the following:

(II)

Downward adjustment of numeric requirement

(aa)

In general

On petition

; and

(ii)

by striking the last sentence and inserting the following:

(bb)

Exceptions to requirement for concurrence of Secretary

(AA)

In general

The requirement to petition and obtain the concurrence of the Secretary under this subclause shall not apply to any Federal building with respect to which the Administrator of General Services is required to transmit a prospectus to Congress under section 3307 of title 40, United States Code, or to any other Federal building designed, constructed, or renovated by the Administrator if the Administrator certifies, in writing, that meeting the applicable numeric requirement under subclause (I) with respect to the Federal building would be technically impracticable in light of the specific functional needs for the building.

(BB)

Adjustment

In the case of a building described in subitem (AA), the Administrator may adjust the applicable numeric requirement of subclause (I) downward with respect to the building.

.

(4)

Section 436(c)(3) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17092(c)(3)) is amended by striking 474 and inserting 494.

(5)

Section 440 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17096) is amended by striking and 482.

(6)

Section 373(c) of the Energy Policy and Conservation Act (42 U.S.C. 6343(c)) (as amended by section 451(a) of the Energy Independence and Security Act of 2007 (121 Stat. 1628)) is amended by striking Administrator and inserting Secretary.

(c)

Date of enactment

Section 1302 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17382) is amended in the first sentence by striking enactment and inserting the date of enactment of this Act.

(d)

Reference

Section 1306(c)(3) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17386(c)(3)) is amended by striking section 1307 (paragraph (17) of section 111(d) of the Public Utility Regulatory Policies Act of 1978) and inserting paragraph (19) of section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)).

(e)

Effective date

This section and the amendments made by this section take effect as if included in the Energy Independence and Security Act of 2007 (Public Law 110–140; 121 Stat. 1492).

162.

Technical corrections to Energy Policy Act of 2005

(a)

Title I—Energy efficiency

Section 325(g)(8)(C)(ii) of the Energy Policy and Conservation Act (42 U.S.C. 6295(g)(8)(C)(ii)) (as added by section 135(c)(2)(B) of the Energy Policy Act of 2005) is amended by striking 20°F and inserting −20°F.

(b)

Effective date

This section and the amendments made by this section take effect as if included in the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 594).

H

Energy and Efficiency Centers and Research

171.

Energy Innovation Hubs

(a)

Purpose

The Secretary shall carry out a program to establish Energy Innovation Hubs to enhance the Nation’s economic, environmental, and energy security by promoting commercial application of clean, indigenous energy alternatives to oil and other fossil fuels, reducing greenhouse gas emissions, and ensuring that the United States maintains a technological lead in the development and commercial application of state-of-the-art energy technologies. To achieve these purposes the program shall—

(1)

leverage the expertise and resources of the university and private research communities, industry, venture capital, national laboratories, and other participants in energy innovation to support cross-disciplinary research and development in areas not being served by the private sector in order to develop and transfer innovative clean energy technologies into the marketplace;

(2)

expand the knowledge base and human capital necessary to transition to a low-carbon economy; and

(3)

promote regional economic development by cultivating clusters of clean energy technology firms, private research organizations, suppliers, and other complementary groups and businesses.

(b)

Definitions

For purposes of this section:

(1)

Allowance

The term allowance means an emission allowance established under section 721 of the Clean Air Act (as added by section 311 of this Act).

(2)

Clean energy technology

The term clean energy technology means a technology that—

(A)

produces energy from solar, wind, geothermal, biomass, tidal, wave, ocean, and other renewable energy resources (as such term is defined in section 610 of the Public Utility Regulatory Policies Act of 1978);

(B)

more efficiently transmits, distributes, or stores energy;

(C)

enhances energy efficiency for buildings and industry, including combined heat and power;

(D)

enables the development of a Smart Grid (as described in section 1301 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17381)), including integration of renewable energy resources and distributed generation, demand response, demand side management, and systems analysis;

(E)

produces an advanced or sustainable material with energy or energy efficiency applications;

(F)

enhances water security through improved water management, conservation, distribution, and end use applications; or

(G)

improves energy efficiency for transportation, including electric vehicles.

(3)

Cluster

The term cluster means a concentration of firms directly involved in the research, development, finance, and commercialization of clean energy technologies whose geographic proximity facilitates utilization and sharing of skilled human resources, infrastructure, research facilities, educational and training institutions, venture capital, and input suppliers.

(4)

Hub

The term Hub means an Energy Innovation Hub established in accordance with this section.

(5)

Project

The term project means an activity with respect to which a Hub provides support under subsection (e).

(6)

Qualifying entity

The term qualifying entity means each of the following:

(A)

A research university.

(B)

A State or Federal institution with a focus on the advancement of clean energy technologies.

(C)

A nongovernmental organization with research or commercialization expertise in clean energy technology development.

(7)

Secretary

The term Secretary means the Secretary of Energy.

(8)

Technology development focus

The term technology development focus means the unique technology development areas in which a Hub will specialize, and may include solar electricity, fuels from solar energy, batteries and energy storage, electricity grid systems and devices, energy efficient building systems and design, advanced materials, modeling and simulation, and other clean energy technology development areas designated by the Secretary.

(9)

Translational research

The term translational research means coordination of basic or applied research with technical and commercial applications to enable promising discoveries or inventions to attract investment sufficient for market penetration and diffusion.

(10)

Vintage year

The term vintage year has the meaning given that term in section 700 of the Clean Air Act (as added by section 312 of this Act).

(c)

Role of the secretary

The Secretary shall—

(1)

have ultimate responsibility for, and oversight of, all aspects of the program under this section;

(2)

provide for the distribution of allowances allocated under section 782(h)(1) of the Clean Air Act (as added by section 321 of this Act) to support the establishment of 8 Hubs, each with a unique designated technology development focus, pursuant to this section;

(3)

coordinate the innovation activities of Hubs with those occurring through other Department of Energy entities, including the National Laboratories, the Advanced Research Projects Agency—Energy, and Energy Frontier Research Collaborations, and within industry, including by annually—

(A)

issuing guidance regarding national energy research and development priorities and strategic objectives; and

(B)

convening a conference of staff of the Department of Energy and representatives from such other entities to share research results, program plans, and opportunities for collaboration.

(d)

Entities eligible for support

A consortium shall be eligible to receive allowances to support the establishment of a Hub under this section if—

(1)

it is composed of—

(A)

2 research universities with a combined annual research budget of $500,000,000; and

(B)

1 or more additional qualifying entities;

(2)

its members have established a binding agreement that documents—

(A)

the structure of the partnership agreement;

(B)

a governance and management structure to enable cost-effective implementation of the program;

(C)

an intellectual property management policy;

(D)

a conflicts of interest policy consistent with subsection (e)(4);

(E)

an accounting structure that meets the requirements of the Department of Energy and can be audited under subsection (f)(5); and

(F)

that it has an Advisory Board consistent with subsection (e)(3);

(3)

it receives financial contributions from States, consortium participants, or other non-Federal sources, to be used to support project awards pursuant to subsection (e);

(4)

it is part of an existing cluster or demonstrates high potential to develop a new cluster; and

(5)

it operates as a nonprofit organization.

(e)

Energy innovation hubs

(1)

Role

Hubs receiving allowances under this section shall support translational research activities leading to commercial application of clean energy technologies, in accordance with the purposes of this section, through issuance of awards to projects managed by qualifying entities and other entities meeting the Hub’s project criteria, including national laboratories. Each such Hub shall—

(A)

develop and publish for public review and comment proposed plans, programs, project selection criteria, and terms for individual project awards under this subsection;

(B)

submit an annual report to the Secretary summarizing the Hub’s activities, organizational expenditures, and Board members, which shall include a certification of compliance with conflict of interest policies and a description of each project in the research portfolio;

(C)

establish policies—

(i)

regarding intellectual property developed as a result of Hub awards and other forms of technology support that encourage individual ingenuity and invention while speeding technology transfer and facilitating the establishment of rapid commercialization pathways;

(ii)

to prevent resources provided to the Hub from being used to displace private sector investment otherwise likely to occur, including investment from private sector entities that are members of the consortium;

(iii)

to facilitate the participation of private investment firms or other private entities that invest in clean energy technologies to perform due diligence on award proposals, to participate in the award review process, and to provide guidance to projects supported by the Hub; and

(iv)

to facilitate the participation of entrepreneurs with a demonstrated history of developing and commercializing clean energy technologies;

(D)

oversee project solicitations, review proposed projects, and select projects for awards; and

(E)

monitor project implementation.

(2)

Distribution of awards by hubs

A Hub shall distribute awards under this subsection to support clean energy technology projects conducting translational research and related activities, provided that at least 50 percent of such support shall be provided to projects related to the Hub’s technology development focus.

(3)

Advisory boards

(A)

In general

Each Hub shall establish an Advisory Board, the members of which shall have extensive and relevant scientific, technical, industry, financial, or research management expertise. The Advisory Board shall review the Hub’s proposed plans, programs, project selection criteria, and projects and shall ensure that projects selected for awards meet the conflict of interest policies of the Hub. Advisory Board members other than those representing consortium members shall serve for no more than 3 years. All Advisory Board members shall comply with the Hub’s conflict of interest policies and procedures.

(B)

Members

Each Advisory Board shall consist of—

(i)

5 members selected by the consortium’s research universities;

(ii)

2 members selected by the consortium’s other qualifying entities;

(iii)

2 members selected at large by other Advisory Board members to represent the entrepreneur and venture capital communities; and

(iv)

1 member appointed by the Secretary.

(D)

Compensation

Members of an Advisory Board may receive reimbursement for travel expenses and a reasonable stipend.

(4)

Conflict of interest

(A)

Procedures

Hubs shall establish procedures to ensure that any employee or consortia designee for Hub activities who serves in a decisionmaking capacity shall—

(i)

disclose any financial interests in, or financial relationships with, applicants for or recipients of awards under this subsection, including those of his or her spouse or minor child, unless such relationships or interests would be considered to be remote or inconsequential; and

(ii)

recuse himself or herself from any funding decision for projects in which he or she has a personal financial interest.

(B)

Disqualification and revocation

The Secretary may disqualify an application or revoke allowances distributed to the Hub or awards provided under this subsection, if cognizant officials of the Hub fail to comply with procedures required under subparagraph (A).

(f)

Distribution of allowances to energy innovation hubs

(1)

Distribution of allowances

Not later than September 30 of 2011 and each calendar year thereafter through 2049, the Secretary shall, in accordance with the requirements of this section, distribute to eligible consortia allowances allocated for the following vintage year under section 782(h)(1) of the Clean Air Act (as added by section 321 of this Act). Not less than 10 percent and not more than 30 percent of the allowances available for distribution in any given year shall be distributed to support any individual Hub under this section.

(2)

Selection and schedule

Allowances to support the establishment of a Hub shall be distributed to eligible consortia (as defined in subsection (d)) selected through a competitive process. Not later than 120 days after the date of enactment of this Act, the Secretary shall solicit proposals from eligible consortia to establish Hubs, which shall be submitted not later than 180 days after the date of enactment of this Act. The Secretary shall select the program consortia not later than 270 days after the date of enactment of this Act. For at least 3 awards to consortia under this section, the Secretary shall give special consideration to applications in which 1 or more of the institutions under subsection (d)(1)(A) are 1890 Land Grant Institutions (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7061)), Predominantly Black Institutions (as defined in section 318 of the Higher Education Act of 1965 (20 U.S.C. 1059e)), Tribal Colleges or Universities (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)), or Hispanic Serving Institutions (as defined in section 318 of the Higher Education Act of 1965 (20 U.S.C. 1059e)).

(3)

Amount and term of awards

For each Hub selected to receive an award under this subsection, the Secretary shall define a quantity of allowances that shall be distributed to such Hub each year for an initial period not to exceed 5 years. The Secretary may extend the term of such award by up to 5 additional years, and a Hub may compete to receive an increase in the quantity of allowances per year that it shall receive during any such extension. A Hub shall be eligible to compete for a new award after the expiration of the term of any award, including any extension of such term, under this subsection.

(4)

Use of allowances

Allowances distributed under this section shall be used exclusively to support project awards pursuant to subsection (e)(1) and (2), provided that a Hub may use not more than 10 percent of the value of such allowances for its administrative expenses related to making such awards. Allowances distributed under this section shall not be used for construction of new buildings or facilities for Hubs, and construction of new buildings or facilities shall not be considered as part of the non-Federal share of a cost sharing agreement under this section.

(5)

Audit

Each Hub shall conduct, in accordance with such requirements as the Secretary may prescribe, an annual audit to determine the extent to which allowances distributed to the Hub under this subsection, and awards under subsection (e), have been utilized in a manner consistent with this section. The auditor shall transmit a report of the results of the audit to the Secretary and to the Government Accountability Office. The Secretary shall include such report in an annual report to Congress, along with a plan to remedy any deficiencies cited in the report. The Government Accountability Office may review such audits as appropriate and shall have full access to the books, records, and personnel of the Hub to ensure that allowances distributed to the Hub under this subsection, and awards made under subsection (e), have been utilized in a manner consistent with this section.

(6)

Revocation of allowances

The Secretary shall have authority to review awards made under this subsection and to revoke such awards if the Secretary determines that a Hub has used the award in a manner not consistent with the requirements of this section.

172.

Advanced energy research

(a)

Definitions

For purposes of this section:

(1)

Allowance

The term allowance means an emission allowance established under section 721 of the Clean Air Act (as added by section 311 of this Act).

(2)

Director

The term Director means Director of the Advanced Research Projects Agency-Energy.

(b)

In general

Not later than September 30 of 2011 and each calendar year thereafter through 2049, the Director shall distribute allowances allocated for the following vintage year under section 782(h)(2) of the Clean Air Act (as added by section 321 of this Act). Such allowances shall be distributed on a competitive basis to institutions of higher education, companies, research foundations, trade and industry research collaborations, or consortia of such entities, or other appropriate research and development entities to achieve the goals of the Advanced Research Projects Agency-Energy (as described in section 5012(c) of the America COMPETES Act) through targeted acceleration of—

(1)

novel early-stage energy research with possible technology applications;

(2)

development of techniques, processes, and technologies, and related testing and evaluation;

(3)

development of manufacturing processes for technologies; and

(4)

demonstration and coordination with nongovernmental entities for commercial applications of technologies and research applications.

(c)

Responsibilities

The Director shall be responsible for assessing the success of programs and terminating programs carried out under this section that are not achieving the goals of the programs, consistent with 5012(e)(2) and (4) of the America COMPETES Act. The Director shall designate program managers whose responsibilities are consistent with 5012(f)(1)(B) of the America COMPETES Act. The Director’s reporting and coordination requirements established through 5012(g) and (h) of the America COMPETES Act shall apply to activities funded through this section.

(d)

Supplement not supplant

Assistance provided under this section shall be used to supplement, and not to supplant, any other Federal resources available to carry out activities described in this section.

173.

Building Assessment Centers

(a)

In general

The Secretary of Energy (in this section referred to as the Secretary) shall provide funding to institutions of higher education for Building Assessment Centers to—

(1)

identify opportunities for optimizing energy efficiency and environmental performance in existing buildings;

(2)

promote high-efficiency building construction techniques and materials options;

(3)

promote applications of emerging concepts and technologies in commercial and institutional buildings;

(4)

train engineers, architects, building scientists, and building technicians in energy-efficient design and operation;

(5)

assist local community colleges, trade schools, registered apprenticeship programs and other accredited training programs in training building technicians;

(6)

promote research and development for the use of alternative energy sources to supply heat and power, for buildings, particularly energy-intensive buildings; and

(7)

coordinate with and assist State-accredited technical training centers and community colleges, while ensuring appropriate services to all regions of the United States.

(b)

Coordination with regional Centers for Energy and Environmental Knowledge and Outreach

A Building Assessment Center may serve as a Center for Energy and Environmental Knowledge and Outreach established pursuant to section 174.

(c)

Coordination and duplication

The Secretary shall coordinate efforts under this section with other programs of the Department of Energy and other Federal agencies to avoid duplication of effort.

(d)

Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out this section $50,000,000 for fiscal year 2010 and each fiscal year thereafter.

174.

Centers for Energy and Environmental Knowledge and Outreach

(a)

Regional Centers for Energy and Environmental Knowledge and Outreach

(1)

Establishment

The Secretary shall establish not more than 10 regional Centers for Energy and Environmental Knowledge and Outreach at institutions of higher education to coordinate with and advise industrial research and assessment centers, Building Assessment Centers, and Clean Energy Application Centers located in the region of such Center for Energy and Environmental Knowledge and Outreach.

(2)

Technical assistance programs

Each Center for Energy and Environmental Knowledge and Outreach shall consist of at least one, new or existing, high performing, of the following:

(A)

An industrial research and assessment center.

(B)

A Clean Energy Application Center.

(C)

A Building Assessment Center.

(3)

Selection criteria

The Secretary shall select Centers for Energy and Environmental Knowledge and Outreach through a competitive process, based on the following:

(A)

Identification of the highest performing industrial research and assessment centers, Clean Energy Application Centers, and Building Assessment Centers.

(B)

The degree to which an institution of higher education maintains credibility among regional private sector organizations such as trade associations, engineering associations, and environmental organizations.

(C)

The degree to which an institution of higher education is providing or has provided technical assistance, academic leadership, and market leadership in the energy arena in a manner that is consistent with the areas of focus of industrial research and assessment centers, Clean Energy Application Centers, and Building Assessment Centers.

(D)

The presence of an additional industrial research and assessment center, Clean Energy Application Center, or Building Assessment Center at the institution of higher education.

(4)

Geographic diversity

In selecting Centers for Energy and Environmental Knowledge and Outreach under this subsection, the Secretary shall ensure such Centers are distributed geographically in a relatively uniform manner to ensure all regions of the Nation are represented.

(5)

Regional leadership

Each Center for Energy and Environmental Knowledge and Outreach shall, to the extent possible, provide leadership to all other industrial research and assessment centers, Clean Energy Application Centers, and Building Assessment Centers located in the Center's geographic region, as determined by the Secretary. Such leadership shall include—

(A)

developing regional goals specific to the purview of the industrial research and assessment centers, Clean Energy Application Centers, and Building Assessment Centers programs;

(B)

developing regionally specific technical resources; and

(C)

outreach to interested parties in the region to inform them of the information, resources, and services available through the associated industrial research and assessment centers, Clean Energy Application Centers, and Building Assessment Centers.

(6)

Further coordination

To increase the value and capabilities of the regionally associated industrial research and assessment centers, Clean Energy Application Centers, and Building Assessment Centers programs, Centers for Energy and Environmental Knowledge and Outreach shall—

(A)

coordinate with Manufacturing Extension Partnership Centers of the National Institute of Science and Technology;

(B)

coordinate with the relevant programs in the Department of Energy, including the Building Technology Program and Industrial Technologies Program;

(C)

increase partnerships with the National Laboratories of the Department of Energy to leverage the expertise and technologies of the National Laboratories to achieve the goals of the industrial research and assessment centers, Clean Energy Application Centers, and Building Assessment Centers;

(D)

work with relevant municipal, county, and State economic development entities to leverage relevant financial incentives for capital investment and other policy tools for the protection and growth of local business and industry;

(E)

partner with local professional and private trade associations and business development interests to leverage existing knowledge of local business challenges and opportunities;

(F)

work with energy utilities and other administrators of publicly funded energy programs to leverage existing energy efficiency and clean energy programs;

(G)

identify opportunities for reducing greenhouse gas emissions; and

(H)

promote sustainable business practices for those served by the industrial research and assessment centers, Clean Energy Application Centers, and Building Assessment Centers.

(7)

Workforce Training

(A)

In general

The Secretary shall require each Center for Energy and Environmental Knowledge and Outreach to establish or maintain an internship program for the region of such Center, designed to encourage students who perform energy assessments to continue working with a particular company, building, or facility to help implement the recommendations contained in any such assessment provided to such company, building, or facility. Each Center for Energy and Environmental Knowledge and Outreach shall act as internship coordinator to help match students to available opportunities.

(B)

Federal Share

The Federal share of the cost of carrying out internship programs described under subparagraph (A) shall be 50 percent.

(C)

Funding

Subject to the availability of appropriations, of the funds made available to carry out this subsection, the Secretary shall use to carry out this paragraph not less than $5,000,000 for fiscal year 2010 and each fiscal year thereafter.

(8)

Small Business Loans

The Administrator of the Small Business Administration shall, to the maximum practicable, expedite consideration of applications from eligible small business concerns for loans under the Small Business Act (15 U.S.C. 631 et seq.) for loans to implement recommendations of any industrial research and assessment center, Clean Energy Application Center, or Building Assessment Center.

(9)

Definitions

In this subsection:

(A)

Industrial research and assessment center

The term industrial research and assessment center means a center established or maintained pursuant to section 452(e) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111(e)).

(B)

Clean Energy Application Center

The term Clean Energy Application Center means a center redesignated and described section under section 375 of the Energy Policy and Conservation Act (42 U.S.C. 6345).

(C)

Building Assessment Center

The term Building Assessment Center means an institution of higher education-based center established pursuant to section 173.

(D)

Secretary

The term Secretary means the Secretary of Energy.

(10)

Funding

There are authorized to be appropriated to the Secretary to carry out this subsection $10,000,000 for fiscal year 2010 and each fiscal year thereafter. Subject to the availability of appropriations, of the funds made available to carry out this subsection, the Secretary shall provide to each Center for Energy and Environmental Knowledge and Outreach not less than $500,000 for fiscal year 2010 and each fiscal year thereafter.

(b)

Integration of other technical assistance programs

(1)

Clean Energy Application Centers

Section 375 of the Energy Policy and Conservation Act (42 U.S.C. 6345) is amended—

(A)

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

(B)

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

(f)

Coordination with Centers for Energy and Environmental Knowledge and Outreach

A Clean Energy Application Center may serve as a Center for Energy and Environmental Knowledge and Outreach established pursuant to section 174 of the American Clean Energy and Security Act of 2009.

.

(2)

Industrial research and assessment centers

Section 452(e) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111(e)) is amended—

(A)

by striking The Secretary and all that follows through shall be— and inserting the following:

(1)

In general

The Secretary shall provide funding to institution of higher education-based industrial research and assessment centers, whose purposes shall be—

;

(B)

by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively (and by moving the margins of such subparagraphs 2 ems to the right); and

(C)

by adding at the end the following new paragraph:

(2)

Coordination with Centers for Energy and Environmental Knowledge and Outreach

An industrial research and assessment center may serve as a Center for Energy and Environmental Knowledge and Outreach established pursuant to section 174 of the American Clean Energy and Security Act of 2009.

.

(c)

Additional funding for Clean Energy Application Centers

Subsection (g) of section 375 of the Energy Policy and Conservation Act (42 U.S.C. 6345(f)), as redesignated by subsection (b)(1) of this section, is amended by striking $10,000,000 for each of fiscal years 2008 through 2012 and inserting $30,000,000 for fiscal year 2010 and each fiscal year thereafter.

I

Nuclear and Advanced Technologies

181.

Revisions to loan guarantee program authority

(a)

Definition of conditional commitment

Section 1701 of the Energy Policy Act of 2005 (42 U.S.C. 16511), as amended by section 130(a) of this Act, is amended by adding after paragraph (7) the following:

(8)

Conditional commitment

The term conditional commitment means a final term sheet negotiated between the Secretary and a project sponsor or sponsors, which term sheet shall be binding on both parties and become a final loan guarantee agreement if all conditions precedent established in the term sheet, which shall include the acquisition of all necessary permits and licenses, are satisfied.

.

(b)

Specific appropriation or contribution

Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended by striking subsection (b) and inserting the following:

(b)

Specific appropriation or contribution

(1)

In general

No guarantee shall be made unless—

(A)

an appropriation for the cost has been made;

(B)

the Secretary has received from the borrower a payment in full for the cost of the obligation and deposited the payment into the Treasury; or

(C)

a combination of appropriations or payments from the borrower has been made sufficient to cover the cost of the obligation.

(2)

Limitation

The source of payments received from a borrower under paragraph (1)(B) shall not be a loan or other debt obligation that is made or guaranteed by the Federal Government.

.

(c)

Fees

Section 1702(h) of the Energy Policy Act of 2005 (42 U.S.C. 16512(h)) is amended by striking paragraph (2) and inserting the following:

(2)

Availability

Fees collected under this subsection shall—

(A)

be deposited by the Secretary into a special fund in the Treasury to be known as the ‘Incentives For Innovative Technologies Fund’; and

(B)

remain available to the Secretary for expenditure, without further appropriation or fiscal year limitation, for administrative expenses incurred in carrying out this title.

.

(d)

Wage rate requirements

Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended by adding at the end the following new subsection:

(k)

Wage Rate Requirements

No loan guarantee shall be made under this title unless the borrower has provided to the Secretary reasonable assurances that all laborers and mechanics employed by contractors and subcontractors in the performance of construction work financed in whole or in part by the guaranteed loan will be paid wages at rates not less than those prevailing on projects of a character similar to the contract work in the civil subdivision of the State in which the contract work is to be performed as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code. With respect to the labor standards specified in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.

.

(e)

Subrogation

Section 1702(g)(2) of the Energy Policy Act of 2005 (42 U.S.C. 16512(g)(2)) is amended by striking subparagraphs (B) and (C) and inserting the following:

(B)

Superiority of rights

Except as provided in subparagraph (C), the rights of the Secretary, with respect to any property acquired pursuant to a guarantee or related agreements, shall be superior to the rights of any other person with respect to the property.

(C)

Terms and conditions

A guarantee agreement shall include such detailed terms and conditions as the Secretary determines appropriate to—

(i)

protect the financial interests of the United States in the case of default;

(ii)

have available all the patents and technology necessary for any person selected, including the Secretary, to complete and operate the project;

(iii)

provide for sharing the proceeds received from the sale of project assets with other creditors or control the disposition of project assets if necessary to protect the financial interests of the United States in the case of default; and

(iv)

provide such lien priority in project assets as necessary to protect the financial interests of the United States in the case of a default.

.

182.

Purpose

The purpose of sections 183 through 189 of this subtitle is to promote the domestic development and deployment of clean energy technologies required for the 21st century through the establishment of a self-sustaining Clean Energy Deployment Administration that will provide for an attractive investment environment through partnership with and support of the private capital market in order to promote access to affordable financing for accelerated and widespread deployment of—

(1)

clean energy technologies;

(2)

advanced or enabling energy infrastructure technologies;

(3)

energy efficiency technologies in residential, commercial, and industrial applications, including end-use efficiency in buildings; and

(4)

manufacturing technologies for any of the technologies or applications described in this section.

183.

Definitions

In this subtitle:

(1)

Administration

The term Administration means the Clean Energy Deployment Administration established by section 186.

(2)

Advisory council

The term Advisory Council means the Energy Technology Advisory Council of the Administration.

(3)

Breakthrough technology

The term breakthrough technology means a clean energy technology that—

(A)

presents a significant opportunity to advance the goals developed under section 185, as assessed under the methodology established by the Advisory Council; but

(B)

has generally not been considered a commercially ready technology as a result of high perceived technology risk or other similar factors.

(4)

Clean energy technology

The term clean energy technology means a technology related to the production, use, transmission, storage, control, or conservation of energy—

(A)

that will contribute to a stabilization of atmospheric greenhouse gas concentrations thorough reduction, avoidance, or sequestration of energy-related emissions and—

(i)

reduce the need for additional energy supplies by using existing energy supplies with greater efficiency or by transmitting, distributing, or transporting energy with greater effectiveness through the infrastructure of the United States; or

(ii)

diversify the sources of energy supply of the United States to strengthen energy security and to increase supplies with a favorable balance of environmental effects if the entire technology system is considered; and

(B)

for which, as determined by the Administrator, insufficient commercial lending is available at affordable rates to allow for widespread deployment.

(5)

Cost

The term cost has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a).

(6)

Direct loan

The term direct loan has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a).

(7)

Fund

The term Fund means the Clean Energy Investment Fund established by section 184(a).

(8)

Green bonds

The term Green Bonds means bonds issued pursuant to section 184.

(8)

Loan guarantee

The term loan guarantee has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a).

(9)

National laboratory

The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).

(10)

Secretary

The term Secretary means the Secretary of Energy.

(11)

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.

(12)

Technology risk

The term technology risk means the risks during construction or operation associated with the design, development, and deployment of clean energy technologies (including the cost, schedule, performance, reliability and maintenance, and accounting for the perceived risk), from the perspective of commercial lenders, that may be increased as a result of the absence of adequate historical construction, operating, or performance data from commercial applications of the technology.

184.

Clean energy investment fund

(a)

Establishment

There is established in the Treasury of the United States a revolving fund, to be known as the Clean Energy Investment Fund, consisting of—

(1)

such amounts as are deposited in the Fund under this subtitle; and

(2)

such sums as may be appropriated to supplement the Fund.

(b)

Authorization of appropriations

There are authorized to be appropriated to the Fund such sums as are necessary to carry out this subtitle.

(c)

Expenditures from fund

(1)

In general

Amounts in the Fund shall be available to the Administrator of the Administration for obligation without fiscal year limitation, to remain available until expended.

(2)

Administrative expenses

(A)

Fees

Fees collected for administrative expenses shall be available without limitation to cover applicable expenses.

(B)

Fund

To the extent that administrative expenses are not reimbursed through fees, an amount not to exceed 1.5 percent of the amounts in the Fund as of the beginning of each fiscal year shall be available to pay the administrative expenses for the fiscal year necessary to carry out this subtitle.

(d)

Transfers of amounts

(1)

In general

The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury.

(2)

Adjustments

Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.

(3)

Cash flows

Cash flows associated with costs of the Fund described in section 502(5)(B) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)(B)) shall be transferred to appropriate credit accounts.

(e)

Green bonds

(1)

Initial capitalization

The Secretary of the Treasury shall issue Green Bonds in the amount of $7,500,000,000 on the credit of the United States to acquire capital stock of the Administration. Stock certificates evidencing ownership in the Administration shall be issued by the Administration to the Secretary of the Treasury, to the extent of payments made for the capital stock of the Administration.

(2)

Denominations and maturity

Green Bonds shall be in such forms and denominations, and shall mature within such periods, as determined by the Secretary of the Treasury.

(3)

Interest

Green Bonds shall bear interest at a rate not less than the current average yield on outstanding market obligations of the United States of comparable maturity during the month preceding the issuance of the obligation as determined by the Secretary of the Treasury.

(4)

Lawful investments

Green Bonds shall be lawful investments, and may be accepted as security for all fiduciary, trust, and public funds, the investment or deposit of which shall be under the authority or control of the United States or any officer or officers thereof.

185.

Energy technology deployment goals

(a)

Goals

Not later than 1 year after the date of enactment of this Act, the Secretary, after consultation with the Advisory Council, shall develop and publish for review and comment in the Federal Register recommended near-, medium-, and long-term goals (including numerical performance targets at appropriate intervals to measure progress toward those goals) for the deployment of clean energy technologies through the credit support programs established by section 187 to promote—

(1)

sufficient electric generating capacity using clean energy technologies to meet the energy needs of the United States;

(2)

clean energy technologies in vehicles and fuels that will substantially reduce the reliance of the United States on foreign sources of energy and insulate consumers from the volatility of world energy markets;

(3)

a domestic commercialization and manufacturing capacity that will establish the United States as a world leader in clean energy technologies across multiple sectors;

(4)

installation of sufficient infrastructure to allow for the cost-effective deployment of clean energy technologies appropriate to each region of the United States;

(5)

the transformation of the building stock of the United States to zero net energy consumption;

(6)

the recovery, use, and prevention of waste energy;

(7)

domestic manufacturing of clean energy technologies on a scale that is sufficient to achieve price parity with conventional energy sources;

(8)

domestic production of commodities and materials (such as steel, chemicals, polymers, and cement) using clean energy technologies so that the United States will become a world leader in environmentally sustainable production of the commodities and materials;

(9)

a robust, efficient, and interactive electricity transmission grid that will allow for the incorporation of clean energy technologies, distributed generation, and demand-response in each regional electric grid;

(10)

sufficient availability of financial products to allow owners and users of residential, retail, commercial, and industrial buildings to make energy efficiency and distributed generation technology investments with reasonable payback periods; and

(11)

such other goals as the Secretary, in consultation with the Advisory Council, determines to be consistent with the purpose stated in section 182.

(b)

Revisions

The Secretary shall revise the goals established under subsection (a), from time to time as appropriate, to account for advances in technology and changes in energy policy.

186.

Clean energy deployment administration

(a)

Establishment

(1)

Establishment of corporation

There is established a corporation to be known as the Clean Energy Deployment Administration that shall be wholly owned by the United States.

(2)

Independent corporation

The Administration shall be an independent corporation. Neither the Administration nor any of its functions, powers, or duties shall be transferred to or consolidated with any other department, agency, or corporation of the Government unless the Congress provides otherwise.

(3)

Charter

The Administration shall be chartered for 20 years from the date of enactment of this section.

(4)

Status

(A)

Inspector general

Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(i)

in paragraph (1), by inserting the Administrator of the Clean Energy Deployment Administration; after Export-Import Bank;; and

(ii)

in paragraph (2), by inserting the Clean Energy Deployment Administration, after Export-Import Bank,.

(3)

Offices

(A)

Principal office

The Administration shall—

(i)

maintain the principal office of the Administration in the national capital region; and

(ii)

for purposes of venue in civil actions, be considered to be a resident of the District of Columbia.

(B)

Other offices

The Administration may establish other offices in such other places as the Administration considers necessary or appropriate for the conduct of the business of the Administration.

(b)

Administrator

(1)

In general

The Administrator of the Administration shall be—

(A)

appointed by the President, with the advice and consent of the Senate, for a 5-year term; and

(B)

compensated at the prevailing rate for compensation for similar positions in industry.

(2)

Duties

The Administrator of the Administration shall—

(A)

serve as the Chief Executive Officer of the Administration and Chairman of the Board;

(B)

ensure that—

(i)

the Administration operates in a safe and sound manner, including maintenance of adequate capital and internal controls (consistent with section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262));

(ii)

the operations and activities of the Administration foster liquid, efficient, competitive, and resilient energy and energy efficiency finance markets;

(iii)

the Administration carries out the purpose stated in section 182 only through activities that are authorized under and consistent with sections 182 through 189; and

(iv)

the activities of the Administration and the manner in which the Administration is operated are consistent with the public interest;

(C)

develop policies and procedures for the Administration that will—

(i)

promote a self-sustaining portfolio of investments that will maximize the value of investments to effectively promote clean energy technologies;

(ii)

promote transparency and openness in Administration operations;

(iii)

afford the Administration with sufficient flexibility to meet the purpose stated in section 182; and

(iv)

provide for the efficient processing of applications; and

(D)

with the concurrence of the Board, set expected loss reserves for the support provided by the Administration consistent with section 187(c).

(c)

Board of directors

(1)

In general

The Board of Directors of the Administration shall consist of—

(A)

the Secretary or the designee of the Secretary, who shall serve as an ex-officio member of the Board of Directors;

(B)

the Secretary of the Treasury or the designee of the Secretary, who shall serve as an ex-officio member of the Board of Directors;

(C)

the Secretary of the Interior or the designee of the Secretary, who shall serve as an ex-officio member of the Board of Directors;

(D)

the Secretary of Agriculture or the designee of the Secretary, who shall serve as an ex officio member of the Board of Directors;

(E)

the Administrator of the Administration, who shall serve as the Chairman of the Board of Directors; and

(F)

4 additional members who shall—

(i)

be appointed by the President, with the advice and consent of the Senate, for staggered 5-year terms; and

(ii)

have experience in banking, financial services, technology assessment, energy regulation, or risk management, including individuals with substantial experience in the development of energy projects, the electricity generation sector, the transportation sector, the manufacturing sector, and the energy efficiency sector.

(2)

Duties

The Board of Directors shall—

(A)

oversee the operations of the Administration and ensure industry best practices are followed in all financial transactions involving the Administration;

(B)

consult with the Administrator of the Administration on the general policies and procedures of the Administration to ensure the interests of the taxpayers are protected;

(C)

ensure the portfolio of investments are consistent with purpose stated in section 182 and with the long-term financial stability of the Administration;

(D)

ensure that the operations and activities of the Administration are consistent with the development of a robust private sector that can provide commercial loans or financing products; and

(E)

not serve on a full-time basis, except that the Board of Directors shall meet at least quarterly to review, as appropriate, applications for credit support and set policies and procedures as necessary.

(3)

Removal

An appointed member of the Board of Directors may be removed from office by the President for good cause.

(4)

Vacancies

An appointed seat on the Board of Directors that becomes vacant shall be filled by appointment by the President, but only for the unexpired portion of the term of the vacating member.

(5)

Compensation of members

An appointed member of the Board of Directors shall be compensated at the prevailing rate for compensation for similar positions in industry.

(d)

Energy technology advisory council

(1)

In general

The Administration shall have an Energy Technology Advisory Council consisting of 8 members selected by the Board of Directors of the Administration.

(2)

Qualifications

The members of the Advisory Council shall—

(A)

have clean energy project development, clean energy finance, commercial, and/or relevant scientific expertise; and

(B)

include representatives of—

(i)

the academic community;

(ii)

the private research community;

(iii)

National Laboratories;

(iv)

the technology or project development community; and

(v)

the commercial energy financing and operations sector.

(3)

Duties

The Advisory Council shall—

(A)

develop and publish for comment in the Federal Register a methodology for assessment of clean energy technologies that will allow the Administration to evaluate projects based on the progress likely to be achieved per-dollar invested in maximizing the attributes of the definition of clean energy technology, taking into account the extent to which support for a clean energy technology is likely to accrue subsequent benefits that are attributable to a commercial scale deployment taking place earlier than that which otherwise would have occurred without the support; and

(B)

advise on the technological approaches that should be supported by the Administration to meet the technology deployment goals established by the Secretary pursuant to section 185.

(4)

Term

(A)

In general

Members of the Advisory Council shall have 5-year staggered terms, as determined by the Administrator of the Administration.

(B)

Reappointment

A member of the Advisory Council may be reappointed.

(5)

Compensation

A member of the Advisory Council, who is not otherwise compensated as a Federal employee, shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Advisory Council.

(e)

Staff

(1)

In general

The Administrator of the Administration, in consultation with the Board of Directors, may—

(A)

appoint and terminate such officers, attorneys, employees, and agents as are necessary to carry out this subtitle; and

(B)

vest those personnel with such powers and duties as the Administrator of the Administration may determine.

(f)

Conflicts of interest

No director, officer, attorney, agent, or employee of the Administration shall in any manner, directly or indirectly, participate in the deliberation upon, or the determination of, any question affecting such individual’s personal interests, or the interests of any corporation, partnership, or association in which such individual is directly or indirectly personally interested.

(g)

Sunset

(1)

Expiration of charter

The Administration shall continue to exercise its functions until all obligations and commitments of the Administration are discharged, even after its charter has expired.

(2)

Prior obligations

No provisions of this subsection shall be construed as preventing the Administration from—

(A)

undertaking obligations prior to the date of the expiration of its charter which mature subsequent to such date;

(B)

assuming, prior to the date of the expiration of its charter, liability as guarantor, endorser, or acceptor of obligations which mature subsequent to such date; or

(C)

continuing as a corporation and exercising any of its functions subsequent to the date of the expiration of its charter for purposes of orderly liquidation, including the administration of its assets and the collection of any obligations held by the Administration.

187.

Direct support

(a)

In general

The Administration may issue direct loans, letters of credit, and loan guarantees to deploy clean energy technologies if the Administrator of the Administration has determined that deployment of the technologies would benefit or be accelerated by the support.

(b)

Eligibility criteria

In carrying out this section and awarding credit support to projects, the Administrator of the Administration shall account for—

(1)

how the technology rates based on an evaluation methodology established by the Advisory Council;

(2)

how the project fits with the goals established under section 185; and

(3)

the potential for the applicant to successfully complete the project.

(c)

Risk

(1)

Expected loan loss reserve

The Administrator of the Administration shall establish an expected loan loss reserve to account for estimated losses attributable to activities under this section that is consistent with the purposes of—

(A)

developing breakthrough technologies to the point at which technology risk is largely mitigated;

(B)

achieving widespread deployment and advancing the commercial viability of clean energy technologies; and

(C)

advancing the goals established under section 185.

(2)

Initial expected loan loss reserve

Until such time as the Administrator of the Administration determines sufficient data exist to establish an expected loan loss reserve that is appropriate, the Administrator of the Administration shall consider establishing an initial rate of 10 percent for the portfolio of investments under this subtitle.

(3)

Portfolio investment approach

The Administration shall—

(A)

use a portfolio investment approach to mitigate risk and diversify investments across technologies and ensure that no particular technology is provided more than 30 percent of the financial support available;

(B)

to the maximum extent practicable and consistent with long-term self-sufficiency, weigh the portfolio of investments in projects to advance the goals established under section 185;

(C)

consistent with the expected loan loss reserve established under this subsection, the purpose stated in section 182, and section 186(b)(2)(B), provide the maximum practicable percentage of support to promote breakthrough technologies; and

(D)

give the highest priority to investments that promote technologies that will achieve the maximum greenhouse gas emission reductions within a reasonable period of time per dollar invested and the earliest reductions in greenhouse gas emissions.

(4)

Loss rate review

(A)

In general

The Board of Directors shall review on an annual basis the loss rates of the portfolio to determine the adequacy of the reserves.

(B)

Report

Not later than 90 days after the date of the initiation of the review, the Administrator of the Administration shall submit to the Committee on Energy and Natural Resources and the Committee on Finance of the Senate, and the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives a report describing the results of the review and any recommended policy changes.

(5)

Federal cost share

Direct loans, letters of credit and loan guarantees by the Administration shall not exceed an amount equal to 80 percent of the project cost of the facility that is the subject of the loan, letter of credit or loan guarantee, as estimated at the time at which the loan, letter of credit or loan guarantee is issued.

(d)

Application review

(1)

In general

To the maximum extent practicable and consistent with sound business practices, the Administration shall seek to consolidate reviews of applications for credit support under this subtitle such that final decisions on applications can generally be issued not later than 180 days after the date of submission of a completed application.

(2)

Environmental review

In carrying out this subtitle, the Administration shall, to the maximum extent practicable—

(A)

avoid duplicating efforts that have already been undertaken by other agencies (including State agencies acting under Federal programs); and

(B)

with the advice of the Council on Environmental Quality and any other applicable agencies, use the administrative records of similar reviews conducted throughout the executive branch to develop the most expeditious review process practicable.

(e)

Wage rate requirements

(1)

In general

No credit support shall be issued under this section unless the borrower has provided to the Administrator of the Administration reasonable assurances that all laborers and mechanics employed by contractors and subcontractors in the performance of construction work financed in whole or in part by the Administration will be paid wages at rates not less than those prevailing on projects of a character similar to the contract work in the civil subdivision of the State in which the contract work is to be performed as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code.

(2)

Labor standards

With respect to the labor standards specified in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.

(f)

Limitations

(1)

The Administration shall not provide direct support as defined under this section or indirect support as defined under section 188 to an individual clean energy technology project that obtained a loan guarantee under title XVII of the Energy Policy Act of 2005.

(2)

No direct or indirect support provided by the Administration may be used to pay any part of the cost of an obligation or a loan guarantee under Title XVII of the Energy Policy Act of 2005.

188.

Indirect support

(a)

In general

For the purpose of enhancing the availability of private financing for clean energy technology deployment, the Administration may—

(1)

provide credit support to portfolios of taxable debt obligations originated by state, local, and private sector entities that enable owners and users of buildings and industrial facilities to—

(A)

significantly increase the energy efficiency of such buildings or facilities; or

(B)

install systems that individually generate electricity from renewable energy resources and have a capacity of no more than 2 megawatts;

(2)

facilitate financing transactions in tax equity markets and long-term purchasing of clean energy by state, local, and non-governmental not-for-profit entities, to the degree and extent that the Administration determines such financing activity is appropriate and consistent with carrying out the purposes described in Section 182 of this Act; and

(3)

provide credit support to portfolios of taxable debt obligations originated by state, local, and private sector entities that enable the deployment of energy storage applications for electric drive vehicles, stationary applications, and electricity transmission and distribution.

(b)

Definitions

For purposes of the section:

(1)

Credit support

The term credit support means—

(A)

direct loans, letters of credit, loan guarantees, and insurance products; and

(B)

the purchase or commitment to purchase, or the sale or commitment to sell, debt instruments (including subordinated securities).

(2)

Renewable energy resource

The term renewable energy resource shall have the meaning given that term in section 610 of the Public Utility Regulatory Policies Act of 1978 (as added by section 101 of this Act).

(c)

Transparency

The Administration shall seek to foster through its credit support activities—

(1)

the development and consistent application of standard contractual terms, transparent underwriting standards and consistent measurement and verification protocols, as applicable; and

(2)

the creation of performance data that promotes effective underwriting and risk management to support lending markets and stimulate the development of private investment markets.

(d)

Exempt securities

All securities insured or guaranteed by the Administration shall, to the same extent as securities that are direct obligations of or obligations guaranteed as to the principal or interest by the United States, be considered to be exempt securities within the meaning of the laws administered by the Securities and Exchange Commission.

189.

Federal credit authority

(a)

Payments of liabilities

(1)

In general

Any payment made to discharge liabilities arising from agreements under this subtitle shall be paid exclusively out of the Fund or the associated credit account, as appropriate.

(2)

Security

Subject to paragraph (1), the full faith and credit of the United States is pledged to the payment of all obligations entered into by the Administration pursuant to this subtitle.

(b)

Fees

(1)

In general

Consistent with achieving the purpose stated in section 182, the Administrator of the Administration shall charge fees or collect compensation generally in accordance with commercial rates.

(2)

Availability of fees

All fees collected by the Administration may be retained by the Administration and placed in the Fund and may remain available to the Administration, without further appropriation or fiscal year limitation, for use in carrying out the purpose stated in section 182.

(3)

Breakthrough technologies

The Administration shall charge the minimum amount in fees or compensation practicable for breakthrough technologies, consistent with the long-term viability of the Administration, unless the Administration first determines that a higher charge will not impede the development of the technology.

(4)

Alternative fee arrangements

The Administration may use such alternative arrangements (such as profit participation, contingent fees, and other valuable contingent interests) as the Administration considers appropriate to compensate the Administration for the expenses of the Administration and the risk inherent in the support of the Administration.

(c)

Cost transfer authority

Amounts collected by the Administration for the cost of a loan or loan guarantee shall be transferred by the Administration to the respective credit accounts.

190.

General provisions

(a)

Immunity from impairment, limitation, or restriction

(1)

In general

All rights and remedies of the Administration (including any rights and remedies of the Administration on, under, or with respect to any mortgage or any obligation secured by a mortgage) shall be immune from impairment, limitation, or restriction by or under—

(A)

any law (other than a law enacted by Congress expressly in limitation of this paragraph) that becomes effective after the acquisition by the Administration of the subject or property on, under, or with respect to which the right or remedy arises or exists or would so arise or exist in the absence of the law; or

(B)

any administrative or other action that becomes effective after the acquisition.

(2)

State law

The Administrator of the Administration may conduct the business of the Administration without regard to any qualification or law of any State relating to incorporation.

(b)

Use of other agencies

With the consent of a department, establishment, or instrumentality (including any field office), the Administration may—

(1)

use and act through any department, establishment, or instrumentality; and

(2)

use, and pay compensation for, information, services, facilities, and personnel of the department, establishment, or instrumentality.

(c)

Financial matters

(1)

Investments

Funds of the Administration may be invested in such investments as the Board of Directors may prescribe. Earnings from such funds, other than fees collected under section 189, may be spent by the Administration only to such extent or in such amounts as are provided in advance by appropriation Acts.

(2)

Fiscal agents

Any Federal Reserve bank or any bank as to which at the time of the designation of the bank by the Administrator of the Administration there is outstanding a designation by the Secretary of the Treasury as a general or other depository of public money, may be designated by the Administrator of the Administration as a depositary or custodian or as a fiscal or other agent of the Administration.

(d)

Periodic reports

Not later than 1 year after commencement of operation of the Administration and at least biannually thereafter, the Administrator of the Administration shall submit to the Committee on Energy and Natural Resources and the Committee on Finance of the Senate and the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives a report that includes a description of—

(1)

the technologies supported by activities of the Administration and how the activities advance the purpose stated in section 182; and

(2)

the performance of the Administration on meeting the goals established under section 185.

(g)

Audits by the comptroller general

(1)

In general

The programs, activities, receipts, expenditures, and financial transactions of the Administration shall be subject to audit by the Comptroller General of the United States under such rules and regulations as may be prescribed by the Comptroller General.

(2)

Access

The representatives of the Government Accountability Office shall—

(A)

have access to the personnel and to all books, accounts, documents, records (including electronic records), reports, files, and all other papers, automated data, things, or property belonging to, under the control of, or in use by the Administration, or any agent, representative, attorney, advisor, or consultant retained by the Administration, and necessary to facilitate the audit;

(B)

be afforded full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians;

(C)

be authorized to obtain and duplicate any such books, accounts, documents, records, working papers, automated data and files, or other information relevant to the audit without cost to the Comptroller General; and

(D)

have the right of access of the Comptroller General to such information pursuant to section 716(c) of title 31, United States Code.

(3)

Assistance and cost

(A)

In general

For the purpose of conducting an audit under this subsection, the Comptroller General may, in the discretion of the Comptroller General, employ by contract, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5), professional services of firms and organizations of certified public accountants for temporary periods or for special purposes.

(B)

Reimbursement

(i)

In general

On the request of the Comptroller General, the Administration shall reimburse the Government Accountability Office for the full cost of any audit conducted by the Comptroller General under this subsection.

(ii)

Crediting

Such reimbursements shall—

(I)

be credited to the appropriation account entitled Salaries and Expenses, Government Accountability Office at the time at which the payment is received; and

(II)

remain available until expended.

(h)

Annual independent audits

(1)

In general

The Administrator of the Administration shall—

(A)

have an annual independent audit made of the financial statements of the Administration by an independent public accountant in accordance with generally accepted auditing standards; and

(B)

submit to the Secretary and to the Committee on Energy and Natural Resources and the Committee on Finance of the Senate and the Committee on Energy and Commerce and the Committee on Ways and Means of the House the results of the audit.

(2)

Content

In conducting an audit under this subsection, the independent public accountant shall determine and report on whether the financial statements of the Administration—

(A)

are presented fairly in accordance with generally accepted accounting principles; and

(B)

comply with any disclosure requirements imposed under this subtitle.

(i)

Financial reports

(1)

In general

The Administrator of the Administration shall submit to the Secretary and to the Committee on Energy and Natural Resources and the Committee on Finance of the Senate and the Committee on Energy and Commerce and the Committee on Ways and Means of the House annual and quarterly reports of the financial condition and operations of the Administration, which shall be in such form, contain such information, and be submitted on such dates as the Secretary shall require.

(2)

Contents of annual reports

Each annual report shall include—

(A)

financial statements prepared in accordance with generally accepted accounting principles;

(B)

any supplemental information or alternative presentation that the Secretary may require; and

(C)

an assessment (as of the end of the most recent fiscal year of the Administration), signed by the chief executive officer and chief accounting or financial officer of the Administration, of—

(i)

the effectiveness of the internal control structure and procedures of the Administration; and

(ii)

the compliance of the Administration with applicable safety and soundness laws.

(3)

Special reports

The Secretary may require the Administrator of the Administration to submit other reports on the condition (including financial condition), management, activities, or operations of the Administration, as the Secretary considers appropriate.

(4)

Accuracy

Each report of financial condition shall contain a declaration by the Administrator of the Administration or any other officer designated by the Board of Directors of the Administration to make the declaration, that the report is true and correct to the best of the knowledge and belief of the officer.

(5)

Availability of reports

Reports required under this section shall be published and made publicly available as soon as is practicable after receipt by the Secretary.

(j)

Spending safeguards and reporting

(1)

In general

The Administrator—

(A)

shall require any entity receiving financing support from the Administration to report quarterly, in a format specified by the Administrator, on such entity’s use of such support and its progress fulfilling the objectives for which such support was granted, and the Administrator shall make these reports available to the public;

(B)

may establish additional reporting and information requirements for any recipient of financing support from the Administration;

(C)

shall establish appropriate mechanisms to ensure appropriate use and compliance with all terms of any financing support from the Administration;

(D)

shall create and maintain a fully searchable database, accessible on the Internet (or successor protocol) at no cost to the public, that contains at least—

(i)

a list of each entity that has applied for financing support;

(ii)

a description of each application;

(iii)

the status of each such application;

(iv)

the name of each entity receiving financing support;

(v)

the purpose for which such entity is receiving such financing support;

(vi)

each quarterly report submitted by the entity pursuant to this section; and

(vii)

such other information sufficient to allow the public to understand and monitor the financial support provided by the Administration;

(E)

shall make all financing transactions available for public inspection, including formal annual reviews by both a private auditor and the Comptroller General; and

(F)

shall at all times be available to receive public comment in writing on the activities of the Administration.

(2)

Protection of confidential business information

To the extent necessary and appropriate, the Administrator may redact any information regarding applicants and borrowers to protect confidential business information.

191.

Conforming amendments

(a)

Tax exempt status

Subsection (l) of section 501 of the Internal Revenue Code of 1986 is amended by adding at the end the following:

(4)

The Clean Energy Deployment Administration established under section 9801 of title 31, United States Code.

.

(b)

Wholly owned government corporation

Paragraph (3) of section 9101 of title 31, United States Code, is amended by adding at the end the following:

(S)

the Clean Energy Deployment Administration.

.

J

Miscellaneous

195.

Increased hydroelectric generation at existing Federal facilities

(a)

In general

The Secretary of the Interior, the Secretary of Energy, and the Secretary of the Army shall jointly update the study of the potential for increasing electric power production capability at federally owned or operated water regulation, storage, and conveyance facilities required in section 1834 of the Energy Policy Act of 2005.

(b)

Content

The update under this section shall include identification and description in detail of each facility that is capable, with or without modification, of producing additional hydroelectric power, including estimation of the existing potential for the facility to generate hydroelectric power.

(c)

Report

The Secretaries shall submit to the Committees on Energy and Commerce, Natural Resources, and Transportation and Infrastructure of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the findings, conclusions, and recommendations of the update of the study under this section by not later than 12 months after the date of enactment of this Act. The report shall include each of the following:

(1)

The identifications, descriptions, and estimations referred to in subsection (b).

(2)

A description of activities currently conducted or considered, or that could be considered, to produce additional hydroelectric power from each identified facility.

(3)

A summary of prior actions taken by the Secretaries to produce additional hydroelectric power from each identified facility.

(4)

The costs to install, upgrade, or modify equipment or take other actions to produce additional hydroelectric power from each identified facility, and the level of Federal power customer involvement in the determination of such costs.

(5)

The benefits that would be achieved by such installation, upgrade, modification, or other action, including quantified estimates of any additional energy or capacity from each facility identified under subsection (b).

(6)

A description of actions that are planned, underway, or might reasonably be considered to increase hydroelectric power production by replacing turbine runners, by performing generator upgrades or rewinds, or by construction of pumped storage facilities.

(7)

The impact of increased hydroelectric power production on irrigation, water supply, fish, wildlife, Indian tribes, river health, water quality, navigation, recreation, fishing, and flood control.

(8)

Any additional recommendations to increase hydroelectric power production from, and reduce costs and improve efficiency at, federally owned or operated water regulation, storage, and conveyance facilities.

196.

Clean technology business competition grant program

(a)

In general

The Secretary of Energy is authorized to provide grants to organizations to conduct business competitions that provide incentives, training, and mentorship to entrepreneurs and early stage start-up companies throughout the United States to meet high priority economic, environmental, and energy security goals in areas to include energy efficiency, renewable energy, air quality, water quality and conservation, transportation, smart grid, green building, and waste management. Such competitions shall have the purpose of accelerating the development and deployment of clean technology businesses and green jobs; stimulating green economic development; providing business training and mentoring to early stage clean technology companies; and strengthening the competitiveness of United States clean technology industry in world trade markets. Priority shall be given to business competitions that are private sector led, encourage regional and interregional cooperation, and can demonstrate market-driven practices and show the creation of cost-effective green jobs through an annual publication of competition activities and directory of companies.

(b)

Eligibility

An organization eligible for a grant under subsection (a) is—

(1)

any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and

(2)

any sponsored entity of an organization described in paragraph (1) that is operated as a nonprofit entity.

(c)

Priority

In making grants under this section, the Secretary shall give priority to those organizations that can demonstrate broad funding support from private and other non-Federal funding sources to leverage Federal investment.

(d)

Authorization of appropriations

For the purpose of carrying out this section, there are authorized to be appropriated $20,000,000.

197.

National Bioenergy Partnership

(a)

In general

The Secretary of Energy shall establish a National Bioenergy Partnership to provide coordination among programs of State governments, the Federal Government, and the private sector that support the institutional and physical infrastructure necessary to promote the deployment of sustainable biomass fuels and bioenergy technologies for the United States.

(b)

Program

The National Bioenergy Partnership shall consist of five regions, to be administered by the CONEG Policy Research Center, the Council of Great Lakes Governors, the Southern States Energy Board, the Western Governors Association, and the Pacific Regional Biomass Energy Partnership led by the Washington State University Energy Program.

(c)

Authorization of appropriations

There are authorized to be appropriated for each of fiscal years 2010 through 2014 to carry out this section—

(1)

$5,000,000, to be allocated among the 5 regions described in subsection (b) on the basis of the number of States in each region, for distribution among the member States of that region based on procedures developed by the member States of the region; and

(2)

$2,500,000, to be allocated equally among the 5 regions described in subsection (b) for region-wide activities, including technical assistance and regional studies and coordination.

198.

Office of Consumer Advocacy

Section 319 of the Federal Power Act is amended to read as follows:

319.

Office of Consumer Advocacy

(a)

Office

(1)

Establishment

There is established within the Commission an Office of Consumer Advocacy to serve as an advocate for the public interest. The Office of Administrative Litigation within the Commission shall be incorporated into the Office of Consumer Advocacy.

(2)

Director

The Office shall be headed by a Director to be appointed by the President by and with the advice and consent of the Senate from among individuals who are licensed attorneys admitted to the Bar of any State or of the District of Columbia and who have experience in public utility proceedings.

(3)

Duties

The Office may—

(A)

represent the interests of energy customers—

(i)

on matters before the Commission concerning rates or service of public utilities and natural gas companies under the jurisdiction of the Commission;

(ii)

as amicus curiae, in the review in the courts of the United States of rulings by the Commission in such matters; and

(iii)

as amicus, in hearings and proceedings in other Federal regulatory agencies and commissions related to such matters;

(B)

monitor and review energy customer complaints and grievances on matters concerning rates or service of public utilities and natural gas companies under the jurisdiction of the Commission;

(C)

investigate independently, or within the context of formal proceedings, the services provided by, the rates charged by, and the valuation of the properties of, public utilities and natural gas companies under the jurisdiction of the Commission;

(D)

develop means, such as public dissemination of information, consultative services, and technical assistance, to ensure, to the maximum extent practicable, that the interests of energy consumers are adequately represented in the course of any hearing or proceeding described in subparagraph (A);

(E)

collect data concerning rates or service of public utilities and natural gas companies under the jurisdiction of the Commission; and

(F)

prepare and issue reports and recommendations.

(4)

Compensation and powers

The Director shall be compensated at Level IV of the Executive Schedule. The Director may—

(A)

employ not more than 25 full-time professional employees at appropriate levels in the GS Scale and such additional support personnel as required; and

(B)

procure temporary and intermittent services as needed.

(5)

Information from other Federal agencies

The Director may request, from any department, agency, or instrumentality of the United States such information as he deems necessary to carry out his functions under this section. Upon such request, the head of the department, agency, or instrumentality concerned shall, to the extent practicable and authorized by law, provide such information to the Office.

(b)

Consumer Advocacy Advisory Committee

(1)

Establishment

The Director shall establish an advisory committee to be known as Consumer Advocacy Advisory Committee (in this section referred to as the Advisory Committee) to review rates, services, and disputes and to make recommendations to the Director.

(2)

Composition

The Director shall appoint 5 members to the Advisory Committee including—

(A)

2 individuals representing State utility consumer advocates; and

(B)

1 individual, from a nongovernmental organization representing consumers.

(3)

Meetings

The Advisory Committee shall meet at such frequency as may be required to carry out its duties.

(4)

Reports

The Director shall provide for the publication of recommendations of the Advisory Committee on the public website established for the Office.

(5)

Duration

Notwithstanding any other provision of law, the Advisory Committee shall continue in operation during the period for which the Office exists.

(c)

Definitions

(1)

Energy customer

The term energy customer means a residential customer or a small commercial customer that receives products or services directly or indirectly from a public utility or natural gas company under the jurisdiction of the Commission.

(2)

Natural gas company

The term natural gas company has the meaning given the term in section 2 of the Natural Gas Act (15 U.S.C. 717a), as modified by section 601(a) of the Natural Gas Policy Act of 1978 (15 U.S.C. 3431(a)).

(3)

Office

The term Office means the Office of Consumer Advocacy established under this section.

(4)

Public utility

The term public utility has the meaning given the term in section 201(e) of this Act.

(5)

Small commercial customer

The term small commercial customer means a commercial customer that has a peak demand of not more than 1,000 kilowatts per hour.

(d)

Authorization of appropriations

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

(e)

Savings clause

Nothing in this section affects the rights or obligations of any State utility consumer advocate.

.

II

Energy Efficiency

A

Building Energy Efficiency Programs

201.

Greater energy efficiency in building codes

Section 304 of the Energy Conservation and Production Act (42 U.S.C. 6833) is amended to read as follows:

304.

Greater energy efficiency in building codes

(a)

Energy efficiency targets

(1)

In general

Except as provided in paragraph (2) or (3), the national building code energy efficiency target for the national average percentage improvement of a building’s energy performance when built to a code meeting the target shall be—

(A)

effective on the date of enactment of the American Clean Energy and Security Act of 2009, 30 percent reduction in energy use relative to a comparable building constructed in compliance with the baseline code;

(B)

effective January 1, 2014, for residential buildings, and January 1, 2015, for commercial buildings, 50 percent reduction in energy use relative to the baseline code; and

(C)

effective January 1, 2017, for residential buildings, and January 1, 2018, for commercial buildings, and every 3 years thereafter, respectively, through January 1, 2029, and January 1, 2030, 5 percent additional reduction in energy use relative to the baseline code.

(2)

Consensus-based codes

If on any effective date specified in paragraph (1)(A), (B), or (C) a successor code to the baseline codes provides for greater reduction in energy use than is required under paragraph (1), the overall percentage reduction in energy use provided by that successor code shall be the national building code energy efficiency target.

(3)

Targets established by secretary

The Secretary may by rule establish a national building code energy efficiency target for residential or commercial buildings achieving greater reductions in energy use than the targets prescribed in paragraph (1) or (2) if the Secretary determines that such greater reductions in energy use can be achieved with a code that is life cycle cost-justified and technically feasible. The Secretary may by rule establish a national building code energy efficiency target for residential or commercial buildings achieving a reduction in energy use that is greater than zero but less than the targets prescribed in paragraph (1) or (2) if the Secretary determines that such lesser target is the maximum reduction in energy use that can be achieved through a code that is life cycle cost-justified and technically feasible.

(4)

Additional reductions in energy use

Effective on January 1, 2033, and once every 3 years thereafter, the Secretary shall determine, after notice and opportunity for comment, whether further energy efficiency building code improvements for residential or commercial buildings, respectively, are life cycle cost-justified and technically feasible, and shall establish updated national building code energy efficiency targets that meet such criteria.

(5)

Zero-net-energy buildings

In setting targets under this subsection, the Secretary shall consider ways to support the deployment of distributed renewable energy technology, and shall seek to achieve the goal of zero-net-energy commercial buildings established in section 422 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17082).

(6)

Baseline code

For purposes of this section, the term baseline code means—

(A)

for residential buildings, the 2006 International Energy Conservation Code (IECC) published by the International Code Council (ICC); and

(B)

for commercial buildings, the code published in ASHRAE Standard 90.1-2004.

(7)

Consultation

In establishing the targets required by this section, the Secretary shall consult with the Director of the National Institute of Standards and Technology.

(b)

National energy efficiency building codes

(1)

Requirement

(A)

In general

There shall be established national energy efficiency building codes under this subsection, for residential and commercial buildings, sufficient to meet each of the national building code energy efficiency targets established under subsection (a), not later than the date that is one year after the deadline for establishment of each such target, except that the national energy efficiency building code established to meet the target described in subsection (a)(1)(A) shall be established by not later than 15 months after the effective date of that target.

(B)

Existing code

If the Secretary finds prior to the date provided in subparagraph (A) for establishing a national code for any target that one or more energy efficiency building codes published by a recognized developer of national energy codes and standards meet or exceed the established target, the Secretary shall select the code that meets the target with the highest efficiency in the most cost-effective manner, and such code shall be the national energy efficiency building code.

(C)

Requirement to establish code

If the Secretary does not make a finding under subparagraph (B), the national energy efficiency building code shall be established by rule by the Secretary under paragraph (2).

(2)

Establishment by secretary

(A)

Procedure

In order to establish a national energy efficiency building code as required under paragraph (1)(C), the Secretary shall—

(i)

not later than six months prior to the effective date for each target, review existing and proposed codes published or under review by recognized developers of national energy codes and standards;

(ii)

determine the percentage of energy efficiency improvements that are or would be achieved in such published or proposed code versions relative to the target;

(iii)

propose improvements to such published or proposed code versions sufficient to meet or exceed the target; and

(iv)

unless a finding is made under paragraph (1)(B) with respect to a code published by a recognized developer of national energy codes and standards, adopt a code that meets or exceeds the relevant national building code energy efficiency target by not later than one year after the effective date of each such target, and by not later than 15 months after the target is established under subsection (a)(1)(A).

(B)

Calculations

Each national energy efficiency building code established by the Secretary under this paragraph shall be set at the maximum level the Secretary determines is life cycle cost-justified and technically feasible, in accordance with the following:

(i)

Savings calculations

Calculations of energy savings shall take into account the typical lifetimes of different products, measures, and system configurations.

(ii)

Cost-effectiveness calculations

Calculations of life cycle cost-effectiveness shall be based on life cycle cost methods and procedures under section 544 of the National Energy Conservation Policy Act (42 U.S.C. 8254), but shall incorporate to the extent feasible externalities such as impacts on climate change and on peak energy demand that are not already incorporated in assumed energy costs.

(C)

Considerations

In developing a national energy efficiency building code under this paragraph, the Secretary shall consider—

(i)

for residential national energy efficiency building codes—

(I)

residential building standards published or proposed by ASHRAE;

(II)

building codes published or proposed by the International Code Council (ICC);

(III)

data from the Residential Energy Services Network (RESNET) on compliance measures utilized by consumers to qualify for the residential energy efficiency tax credits established under the Energy Policy Act of 2005;

(IV)

data and information from the Department of Energy’s Building America Program;

(V)

data and information from the Energy Star New Homes program;

(VI)

data and information from the New Building Institute and similar organizations; and

(VII)

standards for practices and materials to achieve cool roofs in residential buildings, taking into consideration reduced air conditioning energy use as a function of cool roofs, the potential reduction in global warming from increased solar reflectance from buildings, and cool roofs criteria in State and local building codes and in national and local voluntary programs, without reduction of otherwise applicable ceiling insulation standards; and

(ii)

for commercial national energy efficiency building codes—

(I)

commercial building standards proposed by ASHRAE;

(II)

building codes proposed by the International Code Council (ICC);

(III)

the Core Performance Criteria published by the New Buildings Institute;

(IV)

data and information developed by the Director of the Commercial High-Performance Green Building Office of the Department of Energy and any public-private partnerships established under that Office;

(V)

data and information from the Energy Star for Buildings program;

(VI)

data and information from the New Building Institute, RESNET, and similar organizations; and

(VII)

standards for practices and materials to achieve cool roofs in commercial buildings, taking into consideration reduced air conditioning energy use as a function of cool roofs, the potential reduction in global warming from increased solar reflectance from buildings, and cool roofs criteria in State and local building codes and in national and local voluntary programs, without reduction of otherwise applicable ceiling insulation standards.

(D)

Consultation

In establishing any national energy efficiency building code required by this section, the Secretary shall consult with the Director of the National Institute of Standards and Technology.

(3)

Consensus standard assistance

(A)

To support the development of consensus standards that may provide the basis for national energy efficiency building codes, minimize duplication of effort, encourage progress through consensus, and facilitate the development of greater building efficiency, the Secretary shall provide assistance to recognized developers of national energy codes and standards to develop, and where the relevant code has been adopted as the national code, disseminate consensus based energy efficiency building codes as provided in this paragraph.

(B)

Upon a finding by the Secretary that a code developed by such a developer meets a target established under subsection (a), the Secretary shall—

(i)

send notice of the Secretary’s finding to all duly authorized or appointed State, tribal, and local code agencies; and

(ii)

provide sufficient support to such a developer to make the code available on the Internet, or to accomplish distribution of such code to all such State, tribal, and local code agencies at no cost to the State, tribal, and local code agencies.

(C)

The Secretary may contract with such a developer and with other organizations with expertise on codes to provide training for State, tribal, and local code officials and building inspectors in the implementation and enforcement of such code.

(D)

The Secretary may provide grants and other support to such a developer to—

(i)

develop appropriate refinements to such code; and

(ii)

support analysis of options for improvements in the code to meet the next scheduled target.

(4)

Code developed by secretary

If the Secretary establishes a national energy efficiency building code under paragraph (2), the Secretary shall—

(A)

to the extent that such code is based on a prior code developed by a recognized developer of national energy codes and standards, negotiate and provide appropriate compensation to such developer for the use of the code materials that remain in the code established by the Secretary; and

(B)

disseminate the national energy efficiency building codes to State, tribal, and local code officials, and support training and provide guidance and technical assistance to such officials as appropriate.

(c)

State adoption of energy efficiency building codes

(1)

Requirement

Not later than 1 year after a national energy efficiency building code for residential or commercial buildings is established or revised under subsection (b), each State—

(A)

shall—

(i)

review and update the provisions of its building code regarding energy efficiency to meet or exceed the target met in the new national energy efficiency building code, to achieve equivalent or greater energy savings;

(ii)

document, where local governments establish building codes, that local governments representing not less than 80 percent of the State’s urban population have adopted the new national code, or have adopted local codes that meet or exceed the target met in the new national code to achieve equivalent or greater energy savings; or

(iii)

adopt the new national code; and

(B)

shall provide a certification to the Secretary demonstrating that energy efficiency building code provisions that apply pursuant to subparagraph (A) in that State meet or exceed the target met by the new national code, to achieve equivalent or greater energy savings.

(2)

Confirmation

(A)

Requirement

Not later than 90 days after a State certification is provided under paragraph (1)(B), the Secretary shall determine whether the State’s energy efficiency building code provisions meet the requirements of this subsection.

(B)

Acceptance by secretary

If the Secretary determines under subparagraph (A) that the State’s energy efficiency building code or codes meet the requirements of this subsection, the Secretary shall accept the certification.

(C)

Deficiency notice

If the Secretary determines under subparagraph (A) that the State’s building code or codes do not meet the requirements of this subsection, the Secretary shall identify the deficiency in meeting the national building code energy efficiency target, and, to the extent possible, indicate areas where further improvement in the State’s code provisions would allow the deficiency to be eliminated.

(D)

Revision of code and recertification

A State may revise its code or codes and submit a recertification under paragraph (1)(B) to the Secretary at any time.

(3)

Compliant code

For the purposes of meeting the target described in subsection (a)(1)(A) for residential buildings, a State that adopts the code represented in California’s Title 24-2009 by the date 27 months after the date of enactment of the American Clean Energy and Security Act of 2009 shall be considered to have met the requirements of this subsection for the applicable period.

(d)

Application of national code to state and local jurisdictions

(1)

In general

Upon the expiration of 18 months after a national energy efficiency building code is established under subsection (b), in any jurisdiction where the State has not had a certification relating to that code accepted by the Secretary under subsection (c)(2)(B), and the local government has not had a certification relating to that code accepted by the Secretary under subsection (e)(5), the national energy efficiency building code shall become the applicable energy efficiency building code for such jurisdiction.

(2)

Conflicts

In the event of a conflict between a provision of the national energy efficiency building code and a provision of other applicable energy codes, the national energy efficiency building code shall apply. If there is a conflict between a provision of the national energy efficiency building code and a provision of any applicable fire code, life safety code, egress code, or accessibility code, the Secretary shall take appropriate actions to resolve such conflict in a manner that does not compromise the objectives of such codes.

(3)

State legislative adoption

In a State in which the relevant building energy code is adopted legislatively, the deadline in paragraph (1) shall not be earlier than 1 year after the first day that the legislature meets following establishment of a national energy efficiency building code.

(4)

Notice of intent to enforce

A State or locality that enforces building codes may assume responsibility for enforcing the national energy efficiency building code by notifying the Secretary to that effect not later than three months after the date established under paragraph (1).

(5)

Violations

Violations of this section shall be defined as follows:

(A)

If the building is subject to the requirements of a State energy efficiency building code with respect to which a certification has been accepted by the Secretary under subsection (c)(2)(B) or a local energy efficiency building code with respect to which a certification has been accepted by the Secretary pursuant to subsection (e)(5), or the requirements of the national energy efficiency building code in a State where the State or locality has notified the Secretary of its intent to enforce the provisions of the national energy efficiency building code, a violation shall be determined pursuant to the relevant provisions of State or local law.

(B)

If the building is subject to the requirements of a national energy efficiency building code made applicable under paragraph (1) of this subsection, except as provided in subparagraph (A), a violation shall be defined by the Secretary pursuant to subsection (g).

(e)

State enforcement of energy efficiency building codes

(1)

In general

Each State, or where applicable under State law each local government, shall implement and enforce applicable State or local codes with respect to which a certification was accepted by the Secretary under subsection (c)(2)(B) or paragraph (5) of this subsection, or the national energy efficiency building codes, as provided in this subsection.

(2)

State certification

Not later than 2 years after the date of a certification under subsection (c)(1) or the application of a national energy efficiency building code under subsection (d)(1), each State shall certify that it has—

(A)

achieved compliance with—

(i)

State codes, or, as provided under State law, local codes, with respect to which a certification was accepted by the Secretary under subsection (c)(2)(B); or

(ii)

the national energy efficiency building code, as applicable; or

(B)

for any certification submitted within 7 years after the date of enactment of the American Clean Energy and Security Act of 2009, made significant progress toward achieving such compliance.

(3)

Achieving compliance

A State shall be considered to achieve compliance with a code described in paragraph (2)(A) if at least 90 percent of new and substantially renovated building space in that State in the preceding year upon inspection meets the requirements of the code. A certification under paragraph (2) shall include documentation of the rate of compliance based on—

(A)

independent inspections of a random sample of the new and substantially renovated buildings covered by the code in the preceding year; or

(B)

an alternative method that yields an accurate measure of compliance as determined by the Secretary.

(4)

Significant progress

A State shall be considered to have made significant progress toward achieving compliance with a code described in paragraph (2)(A) if—

(A)

the State has developed a plan, including for hiring enforcement staff, providing training, providing manuals and checklists, and instituting enforcement programs, designed to achieve full compliance within 5 years after the date of the adoption of the code;

(B)

the State is taking significant, timely, and measurable action to implement that plan;

(C)

the State has not reduced its expenditures for code enforcement; and

(D)

at least 50 percent of new and substantially renovated building space in the State in the preceding year upon inspection meets the requirements of the code.

(5)

Secretary’s determination

Not later than 90 days after a State certification under paragraph (2), the Secretary shall determine whether the State has demonstrated that it has complied with the requirements of this subsection, including accurate measurement of compliance, or that it has made significant progress toward compliance. If such determination is positive, the Secretary shall accept the certification. If the determination is negative, the Secretary shall identify the areas of deficiency.

(6)

Out of compliance

(A)

In general

Any State for which the Secretary has not accepted a certification under paragraph (5) by the dates specified in paragraph (2) is out of compliance with this section.

(B)

Local compliance

In any State that is out of compliance with this section as provided in subparagraph (A), a local government may be in compliance with this section by meeting all certification requirements of this subsection.

(C)

Noncompliance

Any State that is not in compliance with this section, as provided in subparagraph (A), shall, until the State regains such compliance, be ineligible to receive—

(i)

emission allowances pursuant to subsection (h)(1);

(ii)

Federal funding in excess of that State’s share (calculated according to the allocation formula in section 363 of the Energy Policy and Conservation Act (42 U.S.C. 6323)) of $125,000,000 each year; and

(iii)

for—

(I)

the first year for which the State is out of compliance, 25 percent of any additional funding or other items of monetary value otherwise provided under the American Clean Energy and Security Act of 2009;

(II)

the second year for which the State is out of compliance, 50 percent of any additional funding or other items of monetary value otherwise provided under the American Clean Energy and Security Act of 2009;

(III)

the third year for which the State is out of compliance, 75 percent of any additional funding or other items of monetary value otherwise provided under the American Clean Energy and Security Act of 2009; and

(IV)

the fourth and subsequent years for which the State is out of compliance, 100 percent of any additional funding or other items of monetary value otherwise provided under the American Clean Energy and Security Act of 2009.

(f)

Federal enforcement and training

Where a State fails and local governments in that State also fail to enforce the applicable State or national energy efficiency building codes, the Secretary shall enforce such codes, as follows:

(1)

The Secretary shall establish, by rule, within 2 years after the date of enactment of the American Clean Energy and Security Act of 2009, an energy efficiency building code enforcement capability.

(2)

Such enforcement capability shall be designed to achieve 90 percent compliance with such code in any State within 1 year after the date of the Secretary’s determination that such State is out of compliance with this section.

(3)

The Secretary may set and collect reasonable inspection fees to cover the costs of inspections required for such enforcement. Revenue from fees collected shall be available to the Secretary to carry out the requirements of this section upon appropriation.

(4)

In any jurisdiction to which this subsection applies, the Secretary shall coordinate enforcement of the national energy efficiency building code with State and local code enforcement of other building codes.

(5)

In any jurisdiction to which this subsection applies, the Secretary shall enhance compliance by conducting training and education of builders and other professionals in the jurisdiction concerning the national energy efficiency building code.

(6)

The Secretary shall coordinate with professional organizations representing code officials, architects, engineers, builders, and other experts to develop training curricula concerning the national energy efficiency building code.

(7)

If the Secretary enforces such codes under this subsection, the Secretary may, as appropriate, redefine violations of such codes.

(g)

Enforcement procedures

The Secretary shall propose and, not later than three years after the date of enactment of the American Clean Energy and Security Act of 2009, shall define by rule violations of the energy efficiency building codes to be enforced by the Secretary pursuant to this section, and the penalties that shall apply to violators, in any jurisdiction in which the national energy efficiency building code has been made applicable under subsection (d)(1). To the extent that the Secretary determines that the authority to adopt and impose such violations and penalties by rule requires further statutory authority, the Secretary shall report such determination to Congress as soon as such determination is made, but not later than one year after the enactment of the American Clean Energy and Security Act of 2009.

(h)

Federal support

(1)

Allowance allocation for state compliance

For each vintage year from 2012 through 2050, the Administrator shall distribute allowances allocated pursuant to section 782(g)(2) of the Clean Air Act to the SEED Account for each State. Such allowances shall be distributed according to a formula established by the Secretary as follows:

(A)

One-fifth in an equal amount to each of the 50 States and United States territories.

(B)

Two-fifths as a function of the relative energy use in all buildings in each State in the most recent year for which data is available.

(C)

Two-fifths based on the number of building construction starts recorded in each State, the number of new building permits applied for in each State, or other relevant available data indicating building activity in each State, in the judgment of the Secretary, for the year prior to the year of the distribution.

(2)

Allowance allocation to local governments

In the instance that the Secretary certifies that one or more local governments are in compliance with this section pursuant to subsection (e)(6)(B), the Administrator shall provide to each such local government the portion of the emission allowances that would have been provided to that State as a function of the population of that locality as a proportion of the population of that State as a whole.

(3)

Unallocated allowances

To the extent that allowances are not provided to State or local governments for lack of certification in any year, those allowances shall be added to the amount provided to those States and local governments that are certified as eligible in that year.

(4)

Use of allowances

Each State or each local government shall use such emission allowances as it receives pursuant to this section exclusively for the purposes of this section, including covering a reasonable portion of the costs of the development, adoption, implementation, and enforcement of a State or local energy efficiency building code that meets the national building code energy efficiency targets, or the national energy efficiency building code. In a State where local governments provide substantially all building code enforcement, a minimum of 50 percent of the allowance value received pursuant to this section shall be distributed to local governments as a function of the relative populations of such localities. In a State where local and State governments share building code enforcement duties, the State and local shares of allowance value required for enforcement shall be allocated in proportion to the number of building inspections performed by each level of government, and the share for local governments shall be distributed as a function of the relative populations of such localities. States shall further ensure that the allowance value made available pursuant to section 782 of the Clean Air Act and section 132 of the American Clean Energy and Security Act of 2009 is provided to the applicable State or local governmental entities as necessary to adopt and implement energy efficiency building codes, provide training for inspectors, ensure compliance, and provide such other functions as necessary. Actions taken by local authorities pursuant to this section shall constitute an acceptable use of funds authorized pursuant to the Energy Efficiency and Conservation Block Grant program under section 544 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17154).

(i)

Authorization of appropriations

There are authorized to be appropriated to the Secretary of Energy $25,000,000, and such additional sums as may be necessary to provide enforcement of a national energy efficiency building code, for each of fiscal years 2010 through 2020, and such sums thereafter as may be necessary to support the purposes of this section.

(j)

Annual reports by secretary

The Secretary shall annually submit to Congress, and publish in the Federal Register, a report on—

(1)

the status of national energy efficiency building codes;

(2)

the status of energy efficiency building code adoption and compliance in the States;

(3)

the implementation of this section;

(4)

the status of Federal enforcement of building codes, including coordination with State and local enforcement, and the extent and resolution of any conflicts between the national energy efficiency building code and other residential and commercial building codes in force in the same jurisdictions; and

(5)

impacts of past action under this section, and potential impacts of further action, on lifetime energy use by buildings, including resulting energy and cost savings.

.

202.

Building retrofit program

(a)

Definitions

For purposes of this section:

(1)

Assisted housing

The term assisted housing means those properties receiving project-based assistance pursuant to section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), or similar programs.

(2)

Nonresidential building

The term nonresidential building means a building with a primary use or purpose other than residential housing, including any building used for commercial offices, schools, academic and other public and private institutions, nonprofit organizations including faith-based organizations, hospitals, hotels, and other nonresidential purposes. Such buildings shall include mixed-use properties used for both residential and nonresidential purposes in which more than half of building floor space is nonresidential.

(3)

Performance-based building retrofit program

The term performance-based building retrofit program means a program that determines building energy efficiency success based on actual measured savings after a retrofit is complete, as evidenced by energy invoices or evaluation protocols.

(4)

Prescriptive building retrofit program

The term prescriptive building retrofit program means a program that projects building retrofit energy efficiency success based on the known effectiveness of measures prescribed to be included in a retrofit.

(5)

Public housing

The term public housing means properties receiving assistance under section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g).

(6)

Recommissioning; retrocommissioning

The terms recommissioning and retrocommissioning have the meaning given those terms in section 543(f)(1) of the National Energy Conservation Policy Act (42 U.S.C. 8253(f)(1)).

(7)

Residential building

The term residential building means a building whose primary use is residential. Such buildings shall include single-family homes (both attached and detached), owner-occupied units in larger buildings with their own dedicated space-conditioning systems, apartment buildings, multi-unit condominium buildings, public housing, assisted housing, and buildings used for both residential and nonresidential purposes in which more than half of building floor space is residential.

(8)

State energy program

The term State Energy Program means the program under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.).

(b)

Establishment

The Administrator shall develop and implement, in consultation with the Secretary of Energy, standards for a national energy and environmental building retrofit policy for single-family and multifamily residences. The Administrator shall develop and implement, in consultation with the Secretary of Energy and the Director of Commercial High-Performance Green Buildings, standards for a national energy and environmental building retrofit policy for nonresidential buildings. The programs to implement the residential and nonresidential policies based on the standards developed under this section shall together be known as the Retrofit for Energy and Environmental Performance (REEP) program.

(c)

Purpose

The purpose of the REEP program is to facilitate the retrofitting of existing buildings across the United States to achieve maximum cost-effective energy efficiency improvements and significant improvements in water use and other environmental attributes.

(d)

Federal administration

(1)

Existing programs

In creating and operating the REEP program—

(A)

the Administrator shall make appropriate use of existing programs, including the Energy Star program and in particular the Environmental Protection Agency Energy Star for Buildings program; and

(B)

the Secretary of Energy shall make appropriate use of existing programs, including delegating authority to the Director of Commercial High-Performance Green Buildings appointed under section 421 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17081), who shall designate and provide funding to support a high-performance green building partnership consortium pursuant to subsection (f) of such section to support efforts under this section.

(2)

Consultation and coordination

The Administrator and the Secretary of Energy shall consult with and coordinate with the Secretary of Housing and Urban Development in carrying out the REEP program with regard to retrofitting of public housing and assisted housing. As a result of such consultation, the Administrator shall establish standards to ensure that retrofits of public housing and assisted housing funded pursuant to this section are cost-effective, including opportunities to address the potential co-performance of repair and replacement needs that may be supported with other forms of Federal assistance.

(3)

Assistance

The Administrator and the Secretary of Energy shall provide consultation and assistance to State and local agencies for the establishment of revolving loan funds, loan guarantees, or other forms of financial assistance under this section.

(e)

State and local administration

(1)

Designation and delegation

A State may designate one or more agencies or entities, including those regulated by the State, to carry out the purposes of this section, but shall designate one entity or individual as the principal point of contact for the Administrator regarding the REEP Program. The designated State agency, agencies, or entities may delegate performance of appropriate elements of the REEP program, upon their request and subject to State law, to counties, municipalities, appropriate public agencies, and other divisions of local government, as well as to entities regulated by the State. In making any such designation or delegation, a State shall give priority to entities that administer existing comprehensive retrofit programs, including those under the supervision of State utility regulators. States shall maintain responsibility for meeting the standards and requirements of the REEP program. In any State that elects not to administer the REEP program, a unit of local government may propose to do so within its jurisdiction, and if the Administrator finds that such local government is capable of administering the program, the Administrator may provide allowances to that local government, prorated according to the population of the local jurisdiction relative to the population of the State, for purposes of the REEP program.

(2)

Employment

States and local government entities may administer a REEP program in a manner that authorizes public or regulated investor-owned utilities, building auditors and inspectors, contractors, nonprofit organizations, for-profit companies, and other entities to perform audits and retrofit services under this section. A State may provide incentives for retrofits without direct participation by the State or its agents, so long as the resulting savings are measured and verified. A State or local administrator of a REEP program shall seek to ensure that sufficient qualified entities are available to support retrofit activities so that building owners have a competitive choice among qualified auditors, raters, contractors, and providers of services related to retrofits. Nothing in this section is intended to deny the right of a building owner to choose the specific providers of retrofit services to engage for a retrofit project in that owner’s building.

(3)

Equal incentives for equal improvement

In general, the States should strive to offer the same levels of incentives for retrofits that meet the same efficiency improvement goals, regardless of whether the State, its agency or entity, or the building owner has conducted the retrofit achieving the improvement, provided the improvement is measured and verified.

(f)

Elements of reep program

The Administrator, in consultation with the Secretary of Energy, shall establish goals, guidelines, practices, and standards for accomplishing the purpose stated in subsection (c), and shall annually review and, as appropriate, revise such goals, guidelines, practices, and standards. The program under this section shall include the following:

(1)

Residential Energy Services Network (RESNET) or Building Performance Institute (BPI) analyst certification of residential building energy and environment auditors, inspectors, and raters, or an equivalent certification system as determined by the Administrator.

(2)

BPI certification or licensing by States of residential building energy and environmental retrofit contractors, or an equivalent certification or licensing system as determined by the Administrator.

(3)

Provision of BPI, RESNET, or other appropriate information on equipment and procedures, as determined by the Administrator, that contractors can use to test the energy and environmental efficiency of buildings effectively (such as infrared photography and pressurized testing, and tests for water use and indoor air quality).

(4)

Provision of clear and effective materials to describe the testing and retrofit processes for typical buildings.

(5)

Guidelines for offering and managing prescriptive building retrofit programs and performance-based building retrofit programs for residential and nonresidential buildings.

(6)

Guidelines for applying recommissioning and retrocommissioning principles to improve a building’s operations and maintenance procedures.

(7)

A requirement that building retrofits conducted pursuant to a REEP program utilize, especially in all air-conditioned buildings, roofing materials with high solar energy reflectance, unless inappropriate due to green roof management, solar energy production, or for other reasons identified by the Administrator, in order to reduce energy consumption within the building, increase the albedo of the building’s roof, and decrease the heat island effect in the area of the building, without reduction of otherwise applicable ceiling insulation standards.

(8)

Determination of energy savings in a performance-based building retrofit program through—

(A)

for residential buildings, comparison of before and after retrofit scores on the Home Energy Rating System (HERS) Index, where the final score is produced by an objective third party;

(B)

for nonresidential buildings, Environmental Protection Agency Portfolio Manager benchmarks; or

(C)

for either residential or nonresidential buildings, use of an Administrator-approved simulation program by a contractor with the appropriate certification, subject to appropriate software standards and verification of at least 15 percent of all work done, or such other percentage as the Administrator may determine.

(9)

Guidelines for utilizing the Energy Star Portfolio Manager, the Home Energy Rating System (HERS) rating system, Home Performance with Energy Star program approvals, and any other tools associated with the retrofit program.

(10)

Requirements and guidelines for post-retrofit inspection and confirmation of work and energy savings.

(11)

Detailed descriptions of funding options for the benefit of State and local governments, along with model forms, accounting aids, agreements, and guides to best practices.

(12)

Guidance on opportunities for—

(A)

rating or certifying retrofitted buildings as Energy Star buildings, or as green buildings under a recognized green building rating system;

(B)

assigning Home Energy Rating System (HERS) or similar ratings; and

(C)

completing any applicable building performance labels.

(13)

Sample materials for publicizing the program to building owners, including public service announcements and advertisements.

(14)

Processes for tracking the numbers and locations of buildings retrofitted under the REEP program, with information on projected and actual savings of energy and its value over time.

(g)

Requirements

As a condition of receiving allowances for the REEP program pursuant to this Act, a State or qualifying local government shall—

(1)

adopt the standards for training, certification of contractors, certification of buildings, and post-retrofit inspection as developed by the Administrator for residential and nonresidential buildings, respectively, except as necessary to match local conditions, needs, efficiency opportunities, or other local factors, or to accord with State laws or regulations, and then only after the Administrator approves such a variance; and

(2)

establish fiscal controls and accounting procedures (which conform to generally accepted government accounting principles) sufficient to ensure proper accounting during appropriate accounting periods for payments received and disbursements, and for fund balances.

The Administrator shall conduct or require each State to have such independent financial audits of REEP-related funding as the Administrator considers necessary or appropriate to carry out the purposes of this section.
(h)

Options to support reep program

The emission allowances provided pursuant to this Act to the States SEED Accounts shall support the implementation through State REEP programs of alternate means of creating incentives for, or reducing financial barriers to, improved energy and environmental performance in buildings, consistent with this section, including—

(1)

implementing prescriptive building retrofit programs and performance-based building retrofit programs;

(2)

providing credit enhancement, interest rate subsidies, loan guarantees, or other credit support;

(3)

providing initial capital for public revolving fund financing of retrofits, with repayments by beneficiary building owners over time through their tax payments, calibrated to create net positive cash flow to the building owner;

(4)

providing funds to support utility-operated retrofit programs with repayments over time through utility rates, calibrated to create net positive cash flow to the building owner, and transferable from one building owner to the next with the building’s utility services;

(5)

providing funds to local government programs to provide REEP services and financial assistance; and

(6)

other means proposed by State and local agencies, subject to the approval of the Administrator.

(i)

Support for program

(1)

Use of allowances

Direct Federal support for the REEP program is provided through the emission allowances allocated to the States’ SEED Accounts pursuant to section 132 of this Act. To the extent that a State provides allowances to local governments within the State to implement elements of the REEP Program, that shall be deemed a distribution of such allowances to units of local government pursuant to subsection (c)(1) of that section.

(2)

Initial award limits

Except as provided in paragraph (3), State and local REEP programs may make per-building direct expenditures for retrofit improvements, or their equivalent in indirect or other forms of financial support, from funds derived from the sale of allowances received directly from the Administrator in amounts not to exceed the following amounts per unit:

(A)

Residential building program

(i)

Awards

For residential buildings—

(I)

support for a free or low-cost detailed building energy audit that prescribes measures sufficient to achieve at least a 20 percent reduction in energy use, by providing an incentive equal to the documented cost of such audit, but not more than $200, in addition to any earned by achieving a 20 percent or greater efficiency improvement;

(II)

a total of $1,000 for a combination of measures, prescribed in an audit conducted under subclause (I), designed to reduce energy consumption by more than 10 percent, and $2,000 for a combination of measures prescribed in such an audit, designed to reduce energy consumption by more than 20 percent;

(III)

$3,000 for demonstrated savings of 20 percent, pursuant to a performance-based building retrofit program; and

(IV)

$1,000 for each additional 5 percentage points of energy savings achieved beyond savings for which funding is provided under subclause (II) or (III).

Funding shall not be provided under clauses (II) and (III) for the same energy savings.
(ii)

Maximum percentage

Awards under clause (i) shall not exceed 50 percent of retrofit costs for each building. For buildings with multiple residential units, awards under clause (i) shall not be greater than 50 percent of the total cost of retrofitting the building, prorated among individual residential units on the basis of relative costs of the retrofit. In the case of public housing and assisted housing, the 50 percent contribution matching the contribution from REEP program funds may come from any other source, including other Federal funds.

(iii)

Additional awards

Additional awards may be provided for purposes of increasing energy efficiency, for buildings achieving at least 20 percent energy savings using funding provided under clause (i), in the form of grants of not more than $600 for measures projected or measured (using an appropriate method approved by the Administrator) to achieve at least 35 percent potable water savings through equipment or systems with an estimated service life of not less than seven years, and not more than an additional $20 may be provided for each additional one percent of such savings, up to a maximum total grant of $1,200.

(B)

Nonresidential building program

(i)

Awards

For nonresidential buildings—

(I)

support for a free or low-cost detailed building energy audit that prescribes, as part of a energy-reducing measures sufficient to achieve at least a 20 percent reduction in energy use, by providing an incentive equal to the documented cost of such audit, but not more than $500, in addition to any award earned by achieving a 20 percent or greater efficiency improvement;

(II)

$0.15 per square foot of retrofit area for demonstrated energy use reductions from 20 percent to 30 percent;

(III)

$0.75 per square foot for demonstrated energy use reductions from 30 percent to 40 percent;

(IV)

$1.60 per square foot for demonstrated energy use reductions from 40 percent to 50 percent; and

(V)

$2.50 per square foot for demonstrated energy use reductions exceeding 50 percent.

(ii)

Maximum percentage

Amounts provided under subclauses (II) through (V) of clause (i) combined shall not exceed 50 percent of the total retrofit cost of a building. In nonresidential buildings with multiple units, such awards shall be prorated among individual units on the basis of relative costs of the retrofit.

(iii)

Additional awards

Additional awards may be provided, for buildings achieving at least 20 percent energy savings using funding provided under clause (i), as follows:

(I)

Water

For purposes of increasing energy efficiency, grants may be made for whole building potable water use reduction (using an appropriate method approved by the Administrator) for up to 50 percent of the total retrofit cost, including amounts up to—

(aa)

$24.00 per thousand gallons per year of potable water savings of 40 percent or more;

(bb)

$27.00 per thousand gallons per year of potable water savings of 50 percent or more; and

(cc)

$30.00 per thousand gallons per year of potable water savings of 60 percent or more.

(II)

Environmental improvements

Additional awards of up to $1,000 may be granted for the inclusion of other environmental attributes that the Administrator, in consultation with the Secretary, identifies as contributing to energy efficiency. Such attributes may include, but are not limited to waste diversion and the use of environmentally preferable materials (including salvaged, renewable, or recycled materials, and materials with no or low-VOC content). The Administrator may recommend that States develop such standards as are necessary to account for local or regional conditions that may affect the feasibility or availability of identified resources and attributes.

(iv)

Indoor air quality minimum

Nonresidential buildings receiving incentives under this section must satisfy at a minimum the most recent version of ASHRAE Standard 62.1 for ventilation, or the equivalent as determined by the Administrator. A State may issue a waiver from this requirement to a building project on a showing that such compliance is infeasible due to the physical constraints of the building’s existing ventilation system, or such other limitations as may be specified by the Administrator.

(C)

Historic buildings

Notwithstanding subparagraphs (A) and (B), a building in or eligible for the National Register of Historic Places shall be eligible for awards under this paragraph in amounts up to 120 percent of the amounts set forth in subparagraphs (A) and (B).

(D)

Supplemental support

State and local governments may supplement the per-building expenditures under this paragraph with funding from other sources.

(3)

Adjustment

The Administrator may adjust the specific dollar limits funded by the sale of allowances pursuant to paragraph (2) in years subsequent to the second year after the date of enactment of this Act, and every 2 years thereafter, as the Administrator determines necessary to achieve optimum cost-effectiveness and to maximize incentives to achieve energy efficiency within the total building award amounts provided in that paragraph, and shall publish and hold constant such revised limits for at least 2 years. The Administrator, in consultation with the Secretary of Housing and Urban Development, may establish different dollar limits for public housing and assisted housing than for other residential buildings.

(j)

Report to congress

The Administrator shall conduct an annual assessment of the achievements of the REEP program in each State, shall prepare an annual report of such achievements and any recommendations for program modifications, and shall provide such report to Congress at the end of each fiscal year during which funding or other resources were made available to the States for the REEP Program.

(k)

Other sources of federal support

(1)

Additional state energy program funds

Any Federal funding provided to a State Energy Program that is not required to be expended for a different federally designated purpose may be used to support a REEP program.

(2)

Program administration

State Energy Offices or designated State agencies may expend up to 10 percent of available allowance value provided under this section for program administration.

(3)

Authorization of appropriations

There are authorized to be appropriated for the purposes of this section, for each of fiscal years 2010, 2011, 2012, and 2013—

(A)

$50,000,000 to the Administrator for program administration costs; and

(B)

$20,000,000 to the Secretary of Energy for program administration costs.

203.

Energy efficient manufactured homes

(a)

Definitions

In this section:

(1)

Manufactured Home

The term manufactured home has the meaning given such term in section 603 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5402).

(2)

Energy Star qualified manufactured home

The term Energy Star qualified manufactured home means a manufactured home that has been designed, produced, and installed in accordance with Energy Star's guidelines by an Energy Star certified plant.

(b)

Purpose

The purpose of this section is to assist low-income households residing in manufactured homes constructed prior to 1976 to save energy and energy expenditures by providing support toward the purchase of new Energy Star qualified manufactured homes.

(c)

State implementation of program

(1)

Manufactured home replacement program

Any State may provide to the owner of a manufactured home constructed prior to 1976 a rebate to use toward the purchase of a new Energy Star qualified manufactured home pursuant to this section.

(2)

Use of allowances

Direct Federal support for the program established in this section is provided through the emission allowances allocated to the States’ SEED Accounts pursuant to section 132 of this Act. To the extent that a State provides allowances to local governments within the State to implement this program, that shall be deemed a distribution of such allowances to units of local government pursuant to subsection (c)(1) of that section.

(3)

Rebates

(A)

Primary Residence Requirement

A rebate described under paragraph (1) may only be made to an owner of a manufactured home constructed prior to 1976 that is used on a year-round basis as a primary residence.

(B)

Dismantling and replacement

A rebate described under paragraph (1) may be made only if the manufactured home constructed prior to 1976 will be—

(i)

rendered unusable for human habitation (including appropriate recycling); and

(ii)

replaced, in the same general location, as determined by the applicable State agency, with an Energy Star qualified manufactured home.

(C)

Single rebate

A rebate described under paragraph (1) may not be provided to any owner of a manufactured home constructed prior to 1976 that was or is a member of a household for which any other member of the household was provided a rebate pursuant to this section.

(D)

Eligible households

To be eligible to receive a rebate described under paragraph (1), an owner of a manufactured home constructed prior to 1976 shall demonstrate to the applicable State agency that the total income of all members the owner’s household does not exceed 200 percent of the Federal poverty level for income in the applicable area.

(E)

Advance availability

A rebate may be provided under this section in a manner to facilitate the purchase of a new Energy Star qualified manufactured home.

(4)

Rebate limitation

Rebates provided by States under this section shall not exceed $7,500 per manufactured home from any value derived from the use of emission allowances provided to the State pursuant to section 132.

(5)

Use of State funds

A State providing rebates under this section may supplement the amount of such rebates under paragraph (4) by any additional amount is from State funds and other sources, including private donations or grants from charitable organizations.

(6)

Coordination with similar programs

(A)

State programs

A State conducting an existing program that has the purpose of replacing manufactured homes constructed prior to 1976 with Energy Star qualified manufactured homes, may use allowance value provided under section 782 of the Clean Air Act to support such a program, provided such funding does not exceed the rebate limitation amount under paragraph (4).

(B)

Federal programs

The Secretary of Energy shall coordinate with and seek to achieve the purpose of this section through similar Federal programs including—

(i)

the Weatherization Assistance Program under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.); and

(ii)

the program under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.).

(C)

Coordination with other State agencies

A State agency using allowance value to administer the program under this section may coordinate its efforts, and share funds for administration, with other State agencies involved in low-income housing programs.

(7)

Administrative expenses

A State using allowance value under this section may expend not more than 10 percent of such value for administrative expenses related to this program.

204.

Building energy performance labeling program

(a)

Establishment

(1)

Purpose

The Administrator shall establish a building energy performance labeling program with broad applicability to the residential and commercial markets to enable and encourage knowledge about building energy performance by owners and occupants and to inform efforts to reduce energy consumption nationwide.

(2)

Components

In developing such program, the Administrator shall—

(A)

consider existing programs, such as Environmental Protection Agency’s Energy Star program, the Home Energy Rating System (HERS) Index, and programs at the Department of Energy;

(B)

support the development of model performance labels for residential and commercial buildings; and

(C)

utilize incentives and other means to spur use of energy performance labeling of public and private sector buildings nationwide.

(b)

Data assessment for building energy performance

(1)

Initial report

Not later than 90 days after the date of enactment of this Act, the Administrator shall provide to Congress, as well as to the Secretary of Energy and the Office of Management and Budget, a report identifying—

(A)

all principal building types for which statistically significant energy performance data exists to serve as the basis of measurement protocols and labeling requirements for achieved building energy performance; and

(B)

those building types for which additional data are required to enable the development of such protocols and requirements.

(2)

Additional reports

Additional updated reports shall be provided under this subsection as often as The Administrator considers practicable, but not less than every 2 years.

(c)

Building data acquisition

(1)

Resource requirements

For all principal building types identified under subsection (b), the Secretary of Energy, not later than 90 days after a report by the Administrator under subsection (b), shall provide to Congress, the Administrator, and the Office of Management and Budget a statement of additional resources needed, if any, to fully develop the relevant data, as well as the anticipated timeline for data development.

(2)

Consultation

The Secretary of Energy shall consult with the Administrator concerning the Administrator’s ability to use data series for these additional building types to support the achieved performance component in the labeling program.

(3)

Improvements to building energy consumption databases

(A)

Commercial database

The Secretary of Energy shall support improvements to the Commercial Buildings Energy Consumption Survey (CBECS) as authorized by section 205(k) of the Department of Energy Organization Act (42 U.S.C. 7135(k))—

(i)

to enable complete and robust data for the actual energy performance of principal building types currently covered by survey;

(ii)

to cover additional building types as identified by the Administrator under subsection (b)(1)(B), to enable the development of achieved performance measurement protocols are developed for at least 90 percent of all major commercial building types within 5 years after the date of enactment of this Act; and

(iii)

to include third-party audits of random data samplings to ensure the quality and accuracy of survey information.

(B)

Residential databases

The Administrator, in consultation with the Energy Information Administration and the Secretary of Energy, shall support improvements to the Residential Energy Consumption Survey (RECS) as authorized by section 205(k) of the Department of Energy Organization Act (42 U.S.C. 7135(k)), or such other residential energy performance databases as the Administrator considers appropriate, to aid the development of achieved performance measurement protocols for residential building energy use for at least 90 percent of the residential market within 5 years after the date of enactment of this Act.

(C)

Consultation

The Secretary of Energy and the Administrator shall consult with public, private, and nonprofit sector representatives from the building industry and real estate industry to assist in the evaluation and improvement of building energy performance databases and labeling programs.

(d)

Identification of measurement protocols for achieved performance

(1)

Proposed protocols and requirements

At the earliest practicable date, but not later than 1 year after identifying a building type under subsection (b)(1)(A), the Administrator shall propose a measurement protocol for that building type and a requirement detailing how to use that protocol in completing applicable commercial or residential performance labels created pursuant to this section.

(2)

Final rule

After providing for notice and comment, the Administrator shall publish a final rule containing a measurement protocol and the corresponding requirements for applying that protocol. Such a rule—

(A)

shall define the minimum period for measurement of energy use by buildings of that type and other details for determining achieved performance, to include leased buildings or parts thereof;

(B)

shall identify necessary data collection and record retention requirements; and

(C)

may specify transition rules and exemptions for classes of buildings within the building type.

(e)

Procedures for evaluating designed performance

The Administrator shall develop protocols for evaluating the designed performance of individual building types. The Administrator may conduct such feasibility studies and demonstration projects as are necessary to evaluate the sufficiency of proposed protocols for designed performance.

(f)

Creation of building energy performance labeling program

(1)

Model label

Not later than 1 year after the date of enactment of this Act, the Administrator shall propose a model building energy label that provides a format—

(A)

to display achieved performance and designed performance data;

(B)

that may be tailored for residential and commercial buildings, and for single-occupancy and multitenanted buildings; and

(C)

to display other appropriate elements identified during the development of measurement protocols under subsections (d) and (e).

(2)

Inclusions

Nothing in this section shall require the inclusion on such a label of designed performance data where impracticable or not cost effective, or to preclude the display of both achieved performance and designed performance data for a particular building where both such measures are available, practicable, and cost effective.

(3)

Existing programs

In developing the model label, the Administrator shall consider existing programs, including—

(A)

the Environmental Protection Agency’s Energy Star Portfolio Manager program and the California HERS II Program Custom Approach for the achieved performance component of the label;

(B)

the Home Energy Rating System (HERS) Index system for the designed performance component of the label; and

(C)

other Federal and State programs, including the Department of Energy’s related programs on building technologies and those of the Federal Energy Management Program.

(4)

Final rule

After providing for notice and comment, the Administrator shall publish a final rule containing the label applicable to covered building types.

(g)

Demonstration projects for labeling program

(1)

In general

The Administrator shall conduct building energy performance labeling demonstration projects for different building types—

(A)

to ensure the sufficiency of the current Commercial Buildings Energy Consumption Survey and other data to serve as the basis for new measurement protocols for the achieved performance component of the building energy performance labeling program;

(B)

to inform the development of measurement protocols for building types not currently covered by the Commercial Buildings Energy Consumption Survey; and

(C)

to identify any additional information that needs to be developed to ensure effective use of the model label.

(2)

Participation

Such demonstration projects shall include participation of—

(A)

buildings from diverse geographical and climate regions;

(B)

buildings in both urban and rural areas;

(C)

single-family residential buildings;

(D)

multihousing residential buildings with more than 50 units, including at least one project that provides affordable housing to individuals of diverse incomes;

(E)

single-occupant commercial buildings larger than 30,000 square feet;

(F)

multitenanted commercial buildings larger than 50,000 square feet; and

(G)

buildings from both the public and private sectors.

(3)

Priority

Priority in the selection of demonstration projects shall be given to projects that facilitate large-scale implementation of the labeling program for samples of buildings across neighborhoods, geographic regions, cities, or States.

(4)

Findings

The Administrator shall report any findings from demonstration projects under this subsection, including an identification of any areas of needed data improvement, to the Department of Energy’s Energy Information Administration and Building Technologies Program.

(5)

Coordination

The Administrator and the Secretary of Energy shall coordinate demonstration projects undertaken pursuant to this subsection with those undertaken as part of the Zero-Net-Energy Commercial Buildings Initiative adopted under section 422 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17082).

(h)

Implementation of labeling program

(1)

In general

The Administrator, in consultation with the Secretary of Energy, shall work with all State Energy Offices established pursuant to part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.) or other State authorities as necessary for the purpose of implementing the labeling program established under this section for commercial and residential buildings.

(2)

Outreach to local authorities

The Administrator shall, acting in consultation and coordination with the respective States, encourage use of the labeling program by counties and other localities to broaden access to information about building energy use, for example, through disclosure of building label contents in tax, title, and other records those localities maintain. For this purpose, the Administrator shall develop an electronic version of the label and information that can be readily transmitted and read in widely-available computer programs but is protected from unauthorized manipulation.

(3)

Means of implementation

In adopting the model labeling program established under this section, a State shall seek to ensure that labeled information be made accessible to the public in a manner so that owners, lenders, tenants, occupants, or other relevant parties can utilize it. Such accessibility may be accomplished through—

(A)

preparation, and public disclosure of the label through filing with tax and title records at the time of—

(i)

a building audit conducted with support from Federal or State funds;

(ii)

a building energy-efficiency retrofit conducted in response to such an audit;

(iii)

a final inspection of major renovations or additions made to a building in accordance with a building permit issued by a local government entity;

(iv)

a sale that is recorded for title and tax purposes consistent with paragraph (8);

(v)

a new lien recorded on the property for more than a set percentage of the assessed value of the property, if that lien reflects public financial assistance for energy-related improvements to that building; or

(vi)

a change in ownership or operation of the building for purposes of utility billing; or

(B)

other appropriate means.

(4)

State implementation of program

(A)

Eligibility

A State may become eligible to utilize allowance value to implement this program by—

(i)

adopting by statute or regulation a requirement that buildings be assessed and labeled, consistent with the labeling requirements of the program established under this section; or

(ii)

adopting a plan to implement a model labeling program consistent with this section within one year of enactment of this Act, including the establishment of that program within 3 years after the date of enactment of this Act, and demonstrating continuous progress under that plan.

(B)

Use of allowances

Direct Federal support for the program established in this section is provided through the emission allowances allocated to the States’ SEED Accounts pursuant to section 132 of this Act. To the extent that a State provides allowances to local governments within the State to implement this program, that shall be deemed a distribution of such allowances to units of local government pursuant to subsection (c)(1) of that section.

(5)

Guidance

The Administrator may create or identify model programs and resources to provide guidance to offer to States and localities for creating labeling programs consistent with the model program established under this section.

(6)

Progress report

The Administrator, in consultation with the Secretary of Energy, shall provide a progress report to Congress not later than 3 years after the date of enactment of this Act that—

(A)

evaluates the effectiveness of efforts to advance use of the model labeling program by States and localities;

(B)

recommends any legislative changes necessary to broaden the use of the model labeling program; and

(C)

identifies any changes to broaden the use of the model labeling program that the Administrator has made or intends to make that do not require additional legislative authority.

(7)

State information

The Administrator may require States to report to the Administrator information that the Administrator requires to provide the report required under paragraph (6).

(8)

Prevention of disruption of sales transactions

No State shall implement a new labeling program pursuant to this section in a manner that requires the labeling of a building to occur after a contract has been executed for the sale of that building and before the sales transaction is completed.

(i)

Implementation of labeling program in Federal buildings

(1)

Use of labeling program

The Secretary of Energy and the Administrator shall use the labeling program established under this section to evaluate energy performance in the facilities of the Department of Energy and the Environmental Protection Agency, respectively, to the extent practicable, and shall encourage and support implementation efforts in other Federal agencies.

(2)

Annual progress report

The Secretary of Energy and Administrator shall provide an annual progress report to Congress and the Office of Management and Budget detailing efforts to implement this subsection, as well as any best practices or needed resources identified as a result of such efforts.

(j)

Public outreach

The Secretary of Energy and the Administrator, in consultation with nonprofit and industry stakeholders with specialized expertise, and in conjunction with other energy efficiency public awareness efforts, shall establish a business and consumer education program to increase awareness about the importance of building energy efficiency and to facilitate widespread use of the labeling program established under this section.

(k)

Definitions

In this section:

(1)

Building type

The term building type means a grouping of buildings as identified by their principal building activities, or as grouped by their use, including office buildings, laboratories, libraries, data centers, retail establishments, hotels, warehouses, and educational buildings.

(2)

Measurement protocol

The term measurement protocol means the methodology, prescribed by the Administrator, for defining a benchmark for building energy performance for a specific building type and for measuring that performance against the benchmark.

(3)

Achieved Performance

The term achieved performance means the actual energy consumption of a building as compared to a baseline building of the same type and size, determined by actual consumption data normalized for appropriate variables.

(4)

Designed performance

The term designed performance means the energy consumption performance a building would achieve if operated consistent with its design intent for building energy use, utilizing a standardized set of operational conditions informed by data collected or confirmed during an energy audit.

(l)

Authorization of appropriations

There are authorized to be appropriated—

(1)

to the Administrator $50,000,000 for implementation of this section for each fiscal year from 2010 through 2020; and

(2)

to the Secretary of Energy $20,000,000 for implementation of this section for fiscal year 2010 and $10,000,000 for fiscal years 2011 through 2020.

205.

Tree planting programs

(a)

Findings

The Congress finds that—

(1)

the utility sector is the largest single source of greenhouse gas emissions in the United States today, producing approximately one-third of the country’s emissions;

(2)

heating and cooling homes accounts for nearly 60 percent of residential electricity usage in the United States;

(3)

shade trees planted in strategic locations can reduce residential cooling costs by as much as 30 percent;

(4)

shade trees have significant clean-air benefits associated with them;

(5)

every 100 healthy large trees removes about 300 pounds of air pollution (including particulate matter and ozone) and about 15 tons of carbon dioxide from the air each year;

(6)

tree cover on private property and on newly-developed land has declined since the 1970s, even while emissions from transportation and industry have been rising; and

(7)

in over a dozen test cities across the United States, increasing urban tree cover has generated between two and five dollars in savings for every dollar invested in such tree planting.

(b)

Definitions

As used in this section:

(1)

The term Secretary refers to the Secretary of Energy.

(2)

The term retail power provider means any entity authorized under applicable State or Federal law to generate, distribute, or provide retail electricity, natural gas, or fuel oil service.

(3)

The term tree-planting organization means any nonprofit or not-for-profit group which exists, in whole or in part, to—

(A)

expand urban and residential tree cover;

(B)

distribute trees for planting;

(C)

increase awareness of the environmental and energy-related benefits of trees;

(D)

educate the public about proper tree planting, care, and maintenance strategies; or

(E)

carry out any combination of the foregoing activities.

(4)

The term tree-siting guidelines means a comprehensive list of science-based measurements outlining the species and minimum distance required between trees planted pursuant to this section, in addition to the minimum required distance to be maintained between such trees and—

(A)

building foundations;

(B)

air conditioning units;

(C)

driveways and walkways;

(D)

property fences;

(E)

preexisting utility infrastructure;

(F)

septic systems;

(G)

swimming pools; and

(H)

other infrastructure as deemed appropriate.

(5)

The terms small office, small office buildings, and small office settings means nonresidential buildings or structures zoned for business purposes that are 20,000 square feet or less in total area.

(c)

Purposes

The purpose of this section is to establish a grant program to assist retail power providers with the establishment and operation of targeted tree-planting programs in residential and small office settings, for the following purposes:

(1)

Reducing the peak-load demand for electricity from residences and small office buildings during the summer months through direct shading of buildings provided by strategically planted trees.

(2)

Reducing wintertime demand for energy from residences and small office buildings by blocking cold winds from reaching such structures, which lowers interior temperatures and drives heating demand.

(3)

Protecting public health by removing harmful pollution from the air.

(4)

Utilizing the natural photosynthetic and transpiration process of trees to lower ambient temperatures and absorb carbon dioxide, thus mitigating the effects of climate change.

(5)

Lowering electric bills for residential and small office ratepayers by limiting electricity consumption without reducing benefits.

(6)

Relieving financial and demand pressure on retail power providers that stems from large peak-load energy demand.

(7)

Protecting water quality and public health by reducing stormwater runoff and keeping harmful pollutants from entering waterways.

(8)

Ensuring that trees are planted in locations that limit the amount of public money needed to maintain public and electric infrastructure.

(d)

General authority

(1)

Assistance

The Secretary is authorized to provide financial, technical, and related assistance to retail power providers to assist with the establishment of new, or continued operation of existing, targeted tree-planting programs for residences and small office buildings.

(2)

Public recognition initiative

In carrying out the authority provided under this section, the Secretary shall also create a national public recognition initiative to encourage participation in tree-planting programs by retail power providers.

(3)

Eligibility

Only those programs which utilize targeted, strategic tree-siting guidelines to plant trees in relation to building location, sunlight, and prevailing wind direction shall be eligible for assistance under this section.

(4)

Requirements

In order to qualify for assistance under this section, a tree-planting program shall meet each of the following requirements:

(A)

The program shall provide free or discounted shade-providing or wind-reducing trees to residential and small office consumers interested in lowering their home energy costs.

(B)

The program shall optimize the electricity-consumption reduction benefit of each tree by planting in strategic locations around a given residence or small office.

(C)

The program shall either—

(i)

provide maximum amounts of shade during summer intervals when residences and small offices are exposed to the most sun intensity; or

(ii)

provide maximum amounts of wind protection during fall and winter intervals when residences and small offices are exposed to the most wind intensity.

(D)

The program shall use the best available science to create tree siting guidelines which dictate where the optimum tree species are best planted in locations that achieve maximum reductions in consumer energy demand while causing the least disruption to public infrastructure, considering overhead and underground facilities.

(E)

The program shall receive certification from the Secretary that it is designed to achieve the goals set forth in subparagraphs (A) through (D). In designating criteria for such certification, the Secretary shall collaborate with the United States Forest Service’s Urban and Community Forestry Program to ensure that certification requirements are consistent with such above goals.

(5)

New program funding share

The Secretary shall ensure that no less than 30 percent of the funds made available under this section are distributed to retail power providers which—

(A)

have not previously established or operated qualified tree-planting programs; or

(B)

are operating qualified tree-planting programs which were established no more than three years prior to the date of enactment of this section.

(e)

Agreements between electricity providers and tree-planting organizations

(1)

Grant authorization

In providing assistance under this section, the Secretary is authorized to award grants only to retail power providers that have entered into binding legal agreements with nonprofit tree-planting organizations.

(2)

Conditions of agreement

Those agreements between retail power providers and tree-planting organizations shall set forth conditions under which nonprofit tree-planting organizations shall provide targeted tree-planting programs which may require these organizations to—

(A)

participate in local technical advisory committees responsible for drafting general tree-siting guidelines and choosing the most effective species of trees to plant in given locations;

(B)

coordinate volunteer recruitment to assist with the physical act of planting trees in residential locations;

(C)

undertake public awareness campaigns to educate local residents about the benefits, cost savings, and availability of free shade trees;

(D)

establish education and information campaigns to encourage recipients to maintain their shade trees over the long term;

(E)

serve as the point of contact for existing and potential residential participants who have questions or concerns regarding the tree-planting program;

(F)

require tree recipients to sign agreements committing to voluntary stewardship and care of provided trees;

(G)

monitor and report on the survival, growth, overall health, and estimated energy savings of provided trees up until the end of their establishment period which shall be no less than five years; and

(H)

ensure that trees planted near existing power lines will not interfere with energized electricity distribution lines when mature, and that no new trees will be planted under or adjacent to high-voltage electric transmission lines without prior consultation with the applicable retail power provider receiving assistance under this section.

(3)

Lack of nonprofit organization

If qualified nonprofit or not-for-profit tree planting organizations do not exist or operate within areas served by retail power providers applying for assistance under this section, the requirements of this section shall apply to binding legal agreements entered into by such retail power providers and one of the following entities:

(A)

Local municipal governments with jurisdiction over the urban or suburban forest.

(B)

The State Forester for the State in which the tree planting program will operate.

(C)

The United States Forest Service’s Urban and Community Forestry representative for the State in which the tree-planting program will operate.

(D)

A landscaping services company that is—

(i)

identified in consultation with a national or State nonprofit or not-for-profit tree-planting organization;

(ii)

licensed to operate in the State in which the tree-planting program will operate; and

(iii)

a business as defined by the United States Census Bureau’s 2007 North American Industry Classification System Code 561730.

(f)

Technical advisory committees

(1)

Description

In order to qualify for assistance under this section, the retail power provider shall establish and consult with a local technical advisory committee which shall provide advice and consultation to the program, and may—

(A)

design and adopt an approved plant list that emphasizes the use of hardy, noninvasive tree species and, where geographically appropriate, the use of native, or site-adapted, or low water-use shade trees;

(B)

design and adopt planting, installation, and maintenance specifications and create a process for inspection and quality control;

(C)

ensure that tree recipients are educated to care for and maintain their trees over the long term;

(D)

help the public become more engaged and educated in the planting and care of shade trees;

(E)

prioritize which sites receive trees, giving preference to locations with the most potential for energy conservation and secondary preference to areas where the average annual income is below the regional median; and

(F)

assist with monitoring and collection of data on tree health, tree survival, and energy conservation benefits generated under this section.

(2)

Compensation

Individuals serving on local technical advisory committees shall not receive compensation for their service.

(3)

Composition

Local technical advisory committees shall be composed of representatives from public, private, and nongovernmental agencies with expertise in demand-side energy efficiency management, urban forestry, or arboriculture, and shall be composed of the following:

(A)

Up to 4 persons, but no less than one person, representing the retail power provider receiving assistance under this section.

(B)

Up to 4 persons, but no less than one person, representing the local tree-planting organization which will partner with the retail power provider to carry out this section.

(C)

Up to 3 persons representing local nonprofit conservation or environmental organizations. Preference shall be given to those entities which are organized under section 501(c)(3) of the Internal Revenue Code of 1986, and which have demonstrated expertise engaging the public in energy conservation, energy efficiency, or green building practices or a combination thereof, such that no single organization is represented by more than one individual under this paragraph.

(D)

Up to 2 persons representing a local affordable housing agency, affordable housing builder, or community development corporation.

(E)

Up to 3, but no less than one, persons representing local city or county government for each municipality where a shade tree-planting program will take place; at least one of these representatives shall be the city or county forester, city or county arborist, or functional equivalent.

(F)

Up to one person representing the local government agency responsible for management of roads, sewers, and infrastructure, including but not limited to public works departments, transportation agencies, or equivalents.

(G)

Up to 3 persons representing the nursery and landscaping industry.

(H)

Up to 3 persons representing the research community or academia with expertise in natural resources or energy management issues.

(4)

Chairperson

Each local technical advisory committee shall elect a chairperson to preside over Committee meetings, act as a liaison to governmental and other outside entities, and direct the general operation of the committee; only committee representatives from paragraph (3)(A) or paragraph (3)(B) of this subsection shall be eligible to act as local technical advisory committee chairpersons.

(5)

Credentials

At least one of the members of each local technical advisory committee shall be certified with one or more of the following credentials: International Society of Arboriculture; Certified Arborist, ISA; Certified Arborist Municipal Specialist, ISA; Certified Arborist Utility Specialist, ISA; Board Certified Master Arborist; or Registered Landscape Architect recommended by the American Society of Landscape Architects.

(g)

Cost-share program

(1)

Federal share

The Federal share of support for projects funded under this section shall not exceed 50 percent of the cost of such project and shall be provided on a matching basis.

(2)

Non-Federal share

The non-Federal share of such costs may be paid or contributed by any governmental or nongovernmental entity other than from funds derived directly or indirectly from an agency or instrumentality of the United States.

(h)

Rulemaking

(1)

Rulemaking period

The Secretary shall be authorized to solicit comments and initiate a rulemaking period that shall last no more than 6 months after the date of enactment of this section.

(2)

Competitive grant rule

At the conclusion of the rulemaking period under paragraph (1), the Secretary shall promulgate a rule governing a public, competitive grants process through which retail power providers may apply for Federal support under this section.

(i)

Nonduplicity

Nothing in this section shall be construed to supersede, duplicate, cancel, or negate the programs or authorities provided under section 9 of the Cooperative Forestry Assistance Act of 1978 (92 Stat. 369; Public Law 95–313; 16 U.S.C. 2105).

(j)

Authorization of appropriations

There are hereby authorized to be appropriated such sums as may be necessary for the implementation of this section.

206.

Energy efficiency for data center buildings

Section 453(c)(1) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17112(c)(1)) is amended by inserting but not later than 2 years after the date of enactment of this Act after described in subsection (b).

B

Lighting and Appliance Energy Efficiency Programs

211.

Lighting efficiency standards

(a)

Outdoor lighting

(1)

Definitions

(A)

Section 340(1) of the Energy Policy and Conservation Act (42 U.S.C. 6311(1)) is amended by striking subparagraph (L) and inserting the following:

(L)

Outdoor luminaires.

(M)

Outdoor high light output lamps.

(N)

Any other type of industrial equipment which the Secretary classifies as covered equipment under section 341(b).

.

(B)

Section 340 of the Energy Policy and Conservation Act (42 U.S.C. 6311) is amended as adding at the end the following:

(25)

The term luminaire means a complete lighting unit consisting of one or more light sources and ballast(s), together with parts designed to distribute the light, to position and protect such lamps, and to connect such light sources to the power supply.

(26)

The term outdoor luminaire means a luminaire that is listed as suitable for wet locations pursuant to Underwriters Laboratories Inc. standard UL 1598 and is labeled as Suitable for Wet Locations consistent with section 410.4(A) of the National Electrical Code 2005, or is designed for roadway illumination and meets the requirements of Addendum A for IESNA TM-15-07: Backlight, Uplight, and Glare (BUG) Ratings, except for—

(A)

luminaires designed for outdoor video display images that cannot be used in general lighting applications;

(B)

portable luminaires designed for use at construction sites;

(C)

luminaires designed for continuous immersion in swimming pools and other water features;

(D)

seasonal luminaires incorporating solely individual lamps rated at 10 watts or less;

(E)

luminaires designed to be used in emergency conditions that incorporate a means of charging a battery and a device to switch the power supply to emergency lighting loads automatically upon failure of the normal power supply;

(F)

components used for repair of installed luminaries and that meet the requirements of section 342(h);

(G)

a luminaire utilizing an electrode-less fluorescent lamp as the light source;

(H)

decorative gas lighting systems;

(I)

luminaires designed explicitly for lighting for theatrical purposes, including performance, stage, film production, and video production;

(J)

luminaires designed as theme elements in theme/amusement parks and that cannot be used in most general lighting applications;

(K)

luminaires designed explicitly for vehicular roadway tunnels designed to comply with ANSI/IESNA RP-22-05;

(L)

luminaires designed explicitly for hazardous locations meeting UL Standard 844;

(M)

searchlights;

(N)

luminaires that are designed to be recessed into a building, and that cannot be used in most general lighting applications;

(O)

a luminaire rated only for residential applications utilizing a light source or sources regulated under the amendments made by section 321 of the Energy Independence and Security Act of 2007 and with a light output no greater than 2,600 lumens;

(P)

a residential pole-mounted luminaire that is not rated for commercial use utilizing a light source or sources meeting the efficiency requirements of section 231 of the Energy Independence and Security Act of 2007 and mounted on a post or pole not taller than 10.5 feet above ground and with a light output not greater than 2,600 lumens;

(Q)

a residential fixture with E12 (Candelabra) bases that is rated for not more than 300 watts total; or

(R)

a residential fixture with medium screw bases that is rated for not more than 145 watts.

(27)

The term outdoor high light outputlamp means a lamp that—

(A)

has a rated lumen output not less than 2601 lumens;

(B)

is capable of being operated at a voltage not less than 110 volts and not greater than 300 volts, or driven at a constant current of 6.6 amperes;

(C)

is not a Parabolic Aluminized Reflector lamp; and

(D)

is not a J-type double-ended (T-3) halogen quartz lamp, utilizing R-7S bases, that is manufactured before January 1, 2015.

(28)

The term outdoor lighting control means a device incorporated in a luminaire that receives a signal, from either a sensor (such as an occupancy sensor, motion sensor, or daylight sensor) or an input signal (including analog or digital signals communicated through wired or wireless technology), and can adjust the light level according to the signal.

.

(2)

Standards

Section 342 of the Energy Policy and Conservation Act (42 U.S.C. 6313) is amended by adding at the end the following:

(g)

Outdoor luminaires

(1)

Each outdoor luminaire manufactured on or after January 1, 2011, shall—

(A)

have an initial luminaire efficacy of at least 50 lumens per watt; and

(B)

be designed to use a light source with a lumen maintenance, calculated as mean rated lumens divided by initial lumens, of at least 0.6.

(2)

Each outdoor luminaire manufactured on or after January 1, 2013, shall—

(A)

have an initial luminaire efficacy of at least 70 lumens per watt; and

(B)

be designed to use a light source with a lumen maintenance, calculated as mean rated lumens divided by initial lumens, of at least 0.6.

(3)

Each outdoor luminaire manufactured on or after January 1, 2015, shall—

(A)

have an initial luminaire efficacy of at least 80 lumens per watt; and

(B)

be designed to use a light source with a lumen maintenance, calculated as mean rated lumens divided by initial lumens, of at least 0.65.

(4)

In addition to the requirements of paragraphs (1) through (3), each outdoor luminaire manufactured on or after January 1, 2011, shall have the capability of producing at least two different light levels, including 100 percent and 60 percent of full lamp output as tested with the maximum rated lamp per UL1598 or the manufacturer’s maximum specified for the luminaire under test.

(5)
(A)

Not later than January 1, 2017, the Secretary shall issue a final rule amending the applicable standards established in paragraphs (3) and (4) if technologically feasible and economically justified.

(B)

A final rule issued under subparagraph (A) shall establish efficiency standards at the maximum level that is technically feasible and economically justified, as provided in subsections (o) and (p) of section 325. The Secretary may also, in such rulemaking, amend or discontinue the product exclusions listed in section 340(26)(A) through (P), or amend the lumen maintenance requirements in paragraph (3) if the Secretary determines that such amendments are consistent with the purposes of this Act.

(C)

If the Secretary issues a final rule under subparagraph (A) establishing amended standards, the final rule shall provide that the amended standards apply to products manufactured on or after January 1, 2020, or one year after the date on which the final amended standard is published, whichever is later.

(h)

Outdoor high light output lamps

Each outdoor high light output lamp manufactured on or after January 1, 2012, shall have a lighting efficiency of at least 45 lumens per watt.

.

(3)

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:

(10)

Outdoor lighting

(A)

With respect to outdoor luminaires and outdoor high light output lamps, the test procedures shall be based upon the test procedures specified in illuminating engineering society procedures LM–79 as of March 1, 2009, and LM-31, and/or other appropriate consensus test procedures developed by the Illuminating Engineering Society or other appropriate consensus standards bodies.

(B)

If illuminating engineering society procedure LM—79 is amended, the Secretary shall amend the test procedures established in subparagraph (A) as necessary to be consistent with the amended LM–79 test procedure, unless the Secretary determines, by rule, published in the Federal Register and supported by clear and convincing evidence, that to do so would not meet the requirements for test procedures under paragraph (2).

(C)

The Secretary may revise the test procedures for outdoor luminaires or outdoor high light output lamps by rule consistent with paragraph (2), and may incorporate as appropriate consensus test procedures developed by the Illuminating Engineering Society or other appropriate consensus standards bodies.

.

(4)

Preemption

Section 345 of the Energy Policy and Conservation Act (42 U.S.C. 6316) is amended by adding at the end the following:

(i)
(1)

Except as provided in paragraph (2), section 327 shall apply to outdoor luminaires to the same extent and in the same manner as the section applies under part B.

(2)

Any State standard that is adopted on or before January 1, 2015, pursuant to a statutory requirement to adopt efficiency standards for reducing outdoor lighting energy use enacted prior to January 31, 2008, shall not be preempted.

.

(5)

Energy efficiency standards for certain luminaires

Not later than 1 year after the date of enactment of this Act, the Secretary of Energy shall, in consultation with the National Electrical Manufacturers Association, collect data for United States sales of luminaires described in section 340(26)(H) and (M) of the Energy Policy and Conservation Act, to determine the historical growth rate. If the Secretary finds that the growth in market share of such luminaires exceeds twice the year to year rate of the average of the previous three years, then the Secretary shall within 12 months initiate a rulemaking to determine if such exclusion should be eliminated, if substitute products exist that perform more efficiently and fulfill the performance functions of these luminaires.

(b)

Portable lighting

(1)

Portable light fixtures

(A)

Definitions

Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) is amended by adding at the end the following:

(67)

Art work light fixture

The term art work light fixture means a light fixture designed only to be mounted directly to an art work and for the purpose of illuminating that art work.

(68)

LED light engine

The term LED light engine or LED light engine with integral heat sink means a subsystem of an LED light fixture that—

(A)

includes 1 or more LED components, including—

(i)

an LED driver power source with electrical and mechanical interfaces; and

(ii)

an integral heat sink to provide thermal dissipation; and

(B)

may be designed to accept additional components that provide aesthetic, optical, and environmental control.

(69)

LED light fixture

The term LED light fixture means a complete lighting unit consisting of—

(A)

an LED light source with 1 or more LED lamps or LED light engines; and

(B)

parts—

(i)

to distribute the light;

(ii)

to position and protect the light source; and

(iii)

to connect the light source to electrical power.

(70)

Light fixture

The term light fixture means a product designed to provide light that includes—

(A)

at least 1 lamp socket; and

(B)

parts—

(i)

to distribute the light;

(ii)

position and protect 1 or more lamps; and

(iii)

to connect 1 or more lamps to a power supply.

(71)

Portable light fixture

(A)

In general

The term portable light fixture means a light fixture that has a flexible cord and an attachment plug for connection to a nominal 120-volt circuit that—

(i)

allows the user to relocate the product without any rewiring; and

(ii)

typically can be controlled with a switch located on the product or the power cord of the product.

(B)

Exclusions

The term portable light fixture does not include—

(i)

direct plug-in night lights, sun or heat lamps, medical or dental lights, portable electric hand lamps, signs or commercial advertising displays, photographic lamps, germicidal lamps, or light fixtures for marine use or for use in hazardous locations (as those terms are defined in ANSI/NFPA 70 of the National Electrical Code); or

(ii)

decorative lighting strings, decorative lighting outfits, or electric candles or candelabra without lamp shades that are covered by Underwriter Laboratories (UL) standard 588, Seasonal and Holiday Decorative Products.

.

(B)

Coverage

(i)

In general

Section 322(a) of the Energy Policy and Conservation Act (42 U.S.C. 6292(a)) is amended—

(I)

by redesignating paragraph (20) as paragraph (24); and

(II)

by inserting after paragraph (19) the following:

(20)

Portable light fixtures.

.

(ii)

Conforming amendments

Section 325(l) of the Energy Policy and Conservation Act (42 U.S.C. 6295(l)) is amended by striking paragraph (19) each place it appears in paragraphs (1) and (2) and inserting paragraph (24).

(C)

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:

(19)

LED fixtures and LED light engines

Test procedures for LED fixtures and LED light engines shall be based on Illuminating Engineering Society of North America (IESNA) test procedure LM–79, Approved Method for Electrical and Photometric Testing of Solid-State Lighting Devices, and IESNA-approved test procedure for testing LED light engines.

.

(D)

Standards

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

(i)

by redesignating subsection (ii) as subsection (oo);

(ii)

in subsection (oo)(2), as redesignated in clause (i) of this subparagraph, by striking (hh) each place it appears and inserting (mm); and

(iii)

by inserting after subsection (hh) the following:

(ii)

Portable light fixtures

(1)

In general

Subject to paragraphs (2) and (3), portable light fixtures manufactured on or after January 1, 2012, shall meet 1 or more of the following requirements:

(A)

Be a fluorescent light fixture that meets the requirements of the Energy Star Program for Residential Light Fixtures, Version 4.2.

(B)

Be equipped with only 1 or more GU–24 line-voltage sockets, not be rated for use with incandescent lamps of any type (as defined in ANSI standards), and meet the requirements of version 4.2 of the Energy Star program for residential light fixtures.

(C)

Be an LED light fixture or a light fixture with an LED light engine and comply with the following minimum requirements:

(i)

Minimum light output: 200 lumens (initial).

(ii)

Minimum LED light engine efficacy: 40 lumens/watt installed in fixtures that meet the minimum light fixture efficacy of 29 lumens/watt or, alternatively, a minimum LED light engine efficacy of 60 lumens/watt for fixtures that do not meet the minimum light fixture efficacy of 29 lumens/watt.

(iii)

All portable fixtures shall have a minimum LED light fixture efficacy of 29 lumens/watt and a minimum LED light engine efficacy of 60 lumens/watt by January 1, 2016.

(iv)

Color Correlated Temperature (CCT): 2700K through 4000K.

(v)

Minimum Color Rendering Index (CRI): 75.

(vi)

Power factor equal to or greater than 0.70.

(vii)

Portable luminaries that have internal power supplies shall have zero standby power when the luminaire is turned off.

(viii)

LED light sources shall deliver at least 70 percent of initial lumens for at least 25,000 hours.

(D)
(i)

Be equipped with an ANSI-designated E12, E17, or E26 screw-based socket and be prepackaged and sold together with 1 screw-based compact fluorescent lamp or screw-based LED lamp for each screw-based socket on the portable light fixture.

(ii)

The compact fluorescent or LED lamps prepackaged with the light fixture shall be fully compatible with any light fixture controls incorporated into the light fixture (for example, light fixtures with dimmers shall be packed with dimmable lamps).

(iii)

Compact fluorescent lamps prepackaged with light fixtures shall meet the requirements of the Energy Star Program for CFLs Version 4.0.

(iv)

Screw-based LED lamps shall comply with the minimum requirements described in subparagraph (C).

(E)

Be equipped with 1 or more single-ended, non-screw based halogen lamp sockets (line or low voltage), a dimmer control or high-low control, and be rated for a maximum of 100 watts.

(2)

Review

(A)

Review

The Secretary shall review the criteria and standards established under paragraph (1) to determine if revised standards are technologically feasible and economically justified.

(B)

Components

The review shall include consideration of—

(i)

whether a separate compliance procedure is still needed for halogen fixtures described in subparagraph (E) and, if necessary, what an appropriate standard for halogen fixtures shall be;

(ii)

whether the specific technical criteria described in subparagraphs (A), (C), and (D)(iii) should be modified; and

(iii)

which fixtures should be exempted from the light fixture efficacy standard as of January 1, 2016, because the fixtures are primarily decorative in nature (as defined by the Secretary) and, even if exempted, are likely to be sold in limited quantities.

(C)

Timing

(i)

Determination

Not later than January 1, 2014, the Secretary shall publish amended standards, or a determination that no amended standards are justified, under this subsection.

(ii)

Standards

Any standards under this paragraph shall take effect on January 1, 2016.

(3)

Art work light fixtures

Art work light fixtures manufactured on or after January 1, 2012, shall—

(A)

comply with paragraph (1); or

(B)
(i)

contain only ANSI-designated E12 screw-based line-voltage sockets;

(ii)

have not more than 3 sockets;

(iii)

be controlled with an integral high/low switch;

(iv)

be rated for not more than 25 watts if fitted with 1 socket; and

(v)

be rated for not more than 15 watts per socket if fitted with 2 or 3 sockets.

(4)

Exception from preemption

Notwithstanding section 327, Federal preemption shall not apply to a regulation concerning portable light fixtures adopted by the California Energy Commission on or before January 1, 2014.

.

(2)

GU–24 base lamps

(A)

Definitions

Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) (as amended by paragraph (1)(A)) is amended by adding at the end the following:

(72)

GU–24

The term GU–24 means the designation of a lamp socket, based on a coding system by the International Electrotechnical Commission, under which—

(A)

G indicates a holder and socket type with 2 or more projecting contacts, such as pins or posts;

(B)

U distinguishes between lamp and holder designs of similar type that are not interchangeable due to electrical or mechanical requirements; and

(C)

24 indicates the distance in millimeters between the electrical contact posts.

(73)

GU-24 adaptor

(A)

In general

The term GU-24 Adaptor means a 1-piece device, pig-tail, wiring harness, or other such socket or base attachment that—

(i)

connects to a GU-24 socket on 1 end and provides a different type of socket or connection on the other end; and

(ii)

does not alter the voltage.

(B)

Exclusion

The term GU-24 Adaptor does not include a fluorescent ballast with a GU–24 base.

(74)

GU–24 base lamp

GU–24 base lamp means a light bulb designed to fit in a GU–24 socket.

.

(B)

Standards

Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) (as amended by paragraph (1)(D)) is amended by inserting after subsection (ii) the following:

(jj)

GU–24 base lamps

(1)

In general

A GU–24 base lamp shall not be an incandescent lamp as defined by ANSI.

(2)

GU-24 adaptors

GU–24 adaptors shall not adapt a GU–24 socket to any other line voltage socket.

.

(3)

Standards for certain incandescent reflector lamps

Section 325(i) of the Energy Policy and Conservation Act (42 U.S.C. 6295(i)), as amended by section 161(a)(12) of this Act, is amended by adding at the end the following:

(9)

Certain incandescent reflector lamps

(A)

No later than 12 months after enactment of this paragraph, the Secretary shall publish a final rule establishing standards for incandescent reflector lamp types described in paragraph (1)(D). Such standards shall be effective on July 1, 2013.

(B)

Any rulemaking for incandescent reflector lamps completed after enactment of this section shall consider standards for all incandescent reflector lamps, inclusive of those specified in paragraph (1)(C).

(10)

Reflector lamps

No later than January 1, 2015, the Secretary shall publish a final rule establishing and amending standards for reflector lamps, including incandescent reflector lamps. Such standards shall be effective no sooner than three years after publication of the final rule. Such rulemaking shall consider incandescent and nonincandescent technologies. Such rulemaking shall consider a new metric other than lumens-per-watt based on the photometric distribution of light from such lamps.

.

212.

Other appliance efficiency standards

(a)

Standards for Water Dispensers, Hot Food Holding Cabinets, and Portable Electric Spas

(1)

Definitions

Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291), as amended by section 211 of this Act, is further amended by adding at the end the following:

(75)

The term water dispenser means a factory-made assembly that mechanically cools and heats potable water and that dispenses the cooled or heated water by integral or remote means.

(76)

The term bottle-type water dispenser means a drinking water dispenser designed for dispensing both hot and cold water that uses a removable bottle or container as the source of potable water.

(77)

The term commercial hot food holding cabinet means a heated, fully-enclosed compartment with one or more solid or glass doors that is designed to maintain the temperature of hot food that has been cooked in a separate appliance. Such term does not include heated glass merchandizing cabinets, drawer warmers, commercial hot food holding cabinets with interior volumes of less than 8 cubic feet, or cook-and-hold appliances.

(78)

The term portable electric spa means a factory-built electric spa or hot tub, supplied with equipment for heating and circulating water.

.

(2)

Coverage

Section 322(a) of the Energy Policy and Conservation Act (42 U.S.C. 6292(a)), as amended by section 211(b)(1)(B) of this Act, is further amended by inserting after paragraph (20) the following new paragraphs:

(21)

Bottle type water dispensers.

(22)

Commercial hot food holding cabinets.

(23)

Portable electric spas.

.

(3)

Test procedures

Section 323(b) of the Energy Policy and Conservation Act (42 U.S.C. 6293(b)), as amended by section 211(b)(1)(C) of this Act, is further amended by adding at the end the following:

(20)

Bottle type water dispensers

Test procedures for bottle type water dispensers shall be based on Energy Star Program Requirements for Bottled Water Coolers version 1.1 published by the Environmental Protection Agency. Units with an integral, automatic timer shall not be tested using section 4D, Timer Usage, of the test criteria.

(21)

Commercial hot food holding cabinets

Test procedures for commercial hot food holding cabinets shall be based on the test procedures described in ANSI/ASTM F2140–01 (Test for idle energy rate-dry test). Interior volume shall be based on the method shown in the Environmental Protection Agency’s Energy Star Program Requirements for Commercial Hot Food Holding Cabinets as in effect on August 15, 2003.

(22)

Portable electric spas

Test procedures for portable electric spas shall be based on the test method for portable electric spas contained in section 1604, title 20, California Code of Regulations as amended on December 3, 2008. When the American National Standards Institute publishes a test procedure for portable electric spas, the Secretary shall revise the Department of Energy’s procedure.

.

(4)

Standards

Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295), as amended by section 211 of this Act, is further amended by adding after subsection (jj) the following:

(kk)

Bottle type water dispensers

Effective January 1, 2012, bottle-type water dispensers designed for dispensing both hot and cold water shall not have standby energy consumption greater than 1.2 kilowatt-hours per day.

(ll)

Commercial hot food holding cabinets

Effective January 1, 2012, commercial hot food holding cabinets with interior volumes of 8 cubic feet or greater shall have a maximum idle energy rate of 40 watts per cubic foot of interior volume.

(mm)

Portable electric spas

Effective January 1, 2012, portable electric spas shall not have a normalized standby power greater than 5(V2/3) Watts where V=the fill volume in gallons.

(nn)

Revisions

The Secretary of Energy shall consider revisions to the standards in subsections (kk), (ll), and (mm) in accordance with subsection (o) and publish a final rule no later than January 1, 2013 establishing such revised standards, or make a finding that no revisions are technically feasible and economically justified. Any such revised standards shall take effect January 1, 2016.

.

(b)

Commercial furnace efficiency standards

Section 342(a) of the Energy Policy and Conservation Act (42 U.S.C. 6312(a)) is amended by inserting after paragraph (10) the following new paragraph:

(11)

Warm air furnaces

Each warm air furnace with an input rating of 225,000 Btu per hour or more and manufactured after January 1, 2011, shall meet the following standard levels:

(A)

Gas-fired units

(i)

Minimum thermal efficiency of 80 percent.

(ii)

Include an interrupted or intermittent ignition device.

(iii)

Have jacket losses not exceeding 0.75 percent of the input rating.

(iv)

Have either power venting or a flue damper.

(B)

Oil-fired units

(i)

Minimum thermal efficiency of 81 percent.

(ii)

Have jacket losses not exceeding 0.75 percent of the input rating.

(iii)

Have either power venting or a flue damper.

.

213.

Appliance efficiency determinations and procedures

(a)

Definition of energy conservation standard

Section 321(6) of the Energy Policy and Conservation Act (42 U.S.C. 6291(6)) is amended to read as follows:

(6)

Energy conservation standard

(A)

In general

The term energy conservation standard means 1 or more performance standards that—

(i)

for covered products (excluding clothes washers, dishwashers, showerheads, faucets, water closets, and urinals), prescribe a minimum level of energy efficiency or a maximum quantity of energy use, determined in accordance with test procedures prescribed under section 323;

(ii)

for showerheads, faucets, water closets, and urinals, prescribe a minimum level of water efficiency or a maximum quantity of water use, determined in accordance with test procedures prescribed under section 323; and

(iii)

for clothes washers and dishwashers—

(I)

prescribe a minimum level of energy efficiency or a maximum quantity of energy use, determined in accordance with test procedures prescribed under section 323; and

(II)

may include a minimum level of water efficiency or a maximum quantity of water use, determined in accordance with those test procedures.

(B)

Inclusions

The term energy conservation standard includes—

(i)

1 or more design requirements, if the requirements were established—

(I)

on or before the date of enactment of this subclause;

(II)

as part of a direct final rule under section 325(p)(4); or

(III)

as part of a final rule published on or after January 1, 2012, and

(ii)

any other requirements that the Secretary may prescribe under section 325(r).

(C)

Exclusion

The term energy conservation standard does not include a performance standard for a component of a finished covered product, unless regulation of the component is specifically authorized or established pursuant to this title.

.

(b)

Adopting consensus test procedures and test procedures in use elsewhere

Section 323(b) of the Energy Policy and Conservation Act (42 U.S.C. 6293(b)), as amended by sections 211 and 212 of this Act, is further amended by adding the following new paragraph after paragraph (22):

(23)

Consensus and alternate test procedures

(A)

Receipt of joint recommendation or alternate testing procedure

On receipt of—

(i)

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 the testing procedure for a covered product; or

(ii)

a submission of a testing procedure currently in use for a covered product by a State, nation, or group of nations—

(I)

if the Secretary determines that the recommended testing procedure contained in the statement or submission is in accordance with subsection (b)(3), the Secretary may issue a final rule that establishes an energy or water conservation testing procedure that is published simultaneously with a notice of proposed rulemaking that proposes a new or amended energy or water conservation testing procedure that is identical to the testing procedure established in the final rule to establish the recommended testing procedure (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 or submission, 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)(ii)(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)(ii)(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)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 paragraph (3) 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)(ii)(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 (b).

(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 test procedures relating to the direct final rule.

.

(c)

Updating television test methods

Section 323(b) of the Energy Policy and Conservation Act (42 U.S.C. 6293(b)), as amended by sections 211 and 212 of this Act, and subsection (b) of this section, is further amended by adding at the end the following new paragraph:

(24)

Televisions

(A)

On the date of enactment of this paragraph, Appendix H to Subpart B of Part 430 of the United States Code of Federal Regulations, Uniform Test Method for Measuring the Energy Consumption of Television Sets, is repealed.

(B)

No later than 12 months after the date of enactment of this paragraph the Secretary shall publish in the Federal Register a final rule prescribing a new test method for televisions.

.

(d)

Criteria for Prescribing New or Amended Standards

(1)

Section 325(o)(2)(B)(i) of the Energy Policy and Conservation Act (42 U.S.C. 6295(o)(2)(B)(i)) is amended as follows:

(A)

By striking and at the end of subclause (VI).

(B)

By redesignating subclause (VII) as subclause (XI).

(C)

By inserting the following new subclauses after subclause (VI):

(VII)

the estimated value of the carbon dioxide and other emission reductions that will be achieved by virtue of the higher energy efficiency of the covered products resulting from the imposition of the standard;

(VIII)

the estimated impact of standards for a particular product on average consumer energy prices;

(IX)

the increased energy efficiency that may be attributable to the installation of Smart Grid technologies or capabilities in the covered products, if applicable in the determination of the Secretary;

(X)

the availability in the United States or in other nations of examples or prototypes of covered products that achieve significantly higher efficiency standards for energy or for water; and

.

(2)

Section 325(o)(2)(B)(iii) of such Act is amended as follows:

(A)

By striking three and inserting 5.

(B)

By inserting after the first sentence the following For products with an average expected useful life of less than 5 years, such rebuttable presumption shall be determined utilizing 75 percent of the product’s average expected useful life as a multiplier instead of 5..

(C)

By striking the last sentence and inserting the following:

Such a presumption may be rebutted only if the Secretary finds, based on clear, convincing, and reliable evidence, that—

(I)

such standard level would cause serious and unavoidable hardship to the average consumer of the product, or to manufacturers supplying a significant portion of the market for the product, that substantially outweighs the standard level’s benefits;

(II)

the standard and implementing regulations cannot be designed to avoid or mitigate the hardship identified under subclause (I), through the adoption of regional standards consistent with paragraph (6) of this subsection, or other reasonable means consistent with this part;

(III)

the same or substantially similar hardship would not occur under a standard adopted in the absence of the presumption, but that otherwise meets the requirements of this section; and

(IV)

the hardship cannot be avoided or mitigated pursuant the procedures specified in section 504 of the Department of Energy Organization Act (42 U.S.C. 7194).

A determination by the Secretary that the criteria triggering such presumption are not met, or that the criterion for rebutting the presumption are met shall not be taken into consideration in the Secretary’s determination of whether a standard is economically justified.

.

(e)

Obtaining appliance information from manufacturers

Section 326(d) of the Energy Policy and Conservation Act (42 U.S.C. 6295(d)) is amended to read as follows:

(d)

Information requirements

(1)

For purposes of carrying out this part, the Secretary shall publish proposed regulations not later than one year after the date of enactment of the American Clean Energy and Security Act of 2009, and after receiving public comment, final regulations not later than 18 months from such date of enactment under this part or other provision of law administered by the Secretary, which shall require each manufacturer of a covered product to submit information or reports to the Secretary on an annual basis in a form adopted by the Secretary. Such reports shall include information or data with respect to—

(A)

the manufacturers’ compliance with all requirements applicable pursuant to this part;

(B)

the economic impact of any proposed energy conservation standard;

(C)

the manufacturers’ annual shipments of each class or category of covered products, organized, to the maximum extent practicable, by—

(i)

energy efficiency, energy use, and, if applicable, water use;

(ii)

the presence or absence of such efficiency related or energy consuming operational characteristics or components as the Secretary determines are relevant for the purposes of carrying out this part; and

(iii)

the State or regional location of sale, for covered products for which the Secretary may adopt regional standards; and

(D)

such other categories of information as the Secretary deems relevant to carry out this part, including such other information as may be necessary to establish and revise test procedures, labeling rules, and energy conservation standards and to insure compliance with the requirements of this part.

(2)

In adopting regulations under this subsection, the Secretary shall consider existing public sources of information, including nationally recognized certification programs of trade associations.

(3)

The Secretary shall exercise authority under this section in a manner designed to minimize unnecessary burdens on manufacturers of covered products.

(4)

To the extent that they do not conflict with the duties of the Secretary in carrying out this part, the provisions of section 11(d) of the Energy Supply and Environmental Coordination Act of 1974 (15 U.S.C. 796(d)) shall apply with respect to information obtained under this subsection to the same extent and in the same manner as they apply with respect to other energy information obtained under such section.

.

(f)

State Waiver

Section 327(c) of the Energy Policy and Conservation Act (42 U.S.C. 6297(c)), as amended by section 161(a)(19) of this Act, is further amended by adding at the end the following:

(12)

is a regulation concerning standards for hot food holding cabinets, drinking water dispensers and portable electric spas adopted by the California Energy Commission on or before January 1, 2013.

.

(g)

Waiver of federal preemption

Paragraph (1) of section 327(d) of the Energy Policy and Conservation Act (42 U.S.C. 6297(d)) is amended as follows:

(1)

In subparagraph (A) by striking State regulation each place it appears and inserting State statute or regulation.

(2)

In subparagraph (B) by adding at the end the following new sentence: In making such a finding, the Secretary may not reject a petition for failure of the petitioning State or river basin commission to produce confidential information maintained by any manufacturer or distributor, or group or association of manufacturers or distributors, and which the petitioning party does not have the legal right to obtain..

(3)

In clause (ii) of subparagraph (C) by striking costs each place it appears and inserting estimated costs.

(4)

In subparagraph (C) by striking within the context of the State’s energy plan and forecast, and,.

(h)

Inclusion of carbon output on appliance Energyguide labels

(1)

Section 324(a)(2) of the Energy Policy and Conservation Act (42 U.S.C. 6294(a)(2)) is amended by adding the following at the end:

(I)
(i)

Not later than 90 days after the date of enactment of this subparagraph, the Commission shall initiate a rulemaking to implement the additional labeling requirements specified in subsection (c)(1)(C) of this section with an effective date for the revised labeling requirement not later than 12 months from issuance of the final rule.

(ii)

Not later than 24 months after the date of enactment of this subparagraph, the Commission shall complete the rulemaking initiated under clause (i).

(iii)

Not later than 90 days after issuance of the final rule as provided in this subparagraph, the Secretary shall issue calculation methods required to effectuate the labeling requirements specified in subsection (c)(1)(C) of this section.

.

(2)

Section 324(c)(1) of the Energy Policy and Conservation Act (42 U.S.C. 6294(c)(1)) is amended—

(A)

by striking and at the end of subparagraph (A);

(B)

by striking the period at the end of subparagraph (B) and inserting a semicolon; and

(C)

by adding at the end the following new subparagraphs:

(C)

for products or groups of products providing a comparable function (including the group of products comprising the heating function of heat pumps and furnaces) among covered products listed in paragraphs (3), (4), (5), (8), (9), (10), and (11) of section 322(a) of this part, and others designated by the Secretary, the estimated total annual atmospheric carbon dioxide emissions (or their equivalent in other greenhouse gases) associated with, or caused by, the product, calculated utilizing—

(i)

national average energy use for the product including energy consumed at the point of end use based on test procedures developed under section 323 of this part;

(ii)

national average energy consumed or lost in the production, generation, transportation, storage, and distribution of energy to the point of end use; and

(iii)

any direct emissions of greenhouse gases from the product during normal use;

(D)

in determining the national average energy consumption and total annual atmospheric carbon dioxide emissions, the Secretary shall utilize Federal Government sources, including the Energy Information Administration Annual Energy Review, the Environmental Protection Agency eGRID data base, Environmental Protection Agency AP–42 Emission Factors as amended, and other sources determined to be appropriate by the Secretary; and

(E)

information presenting, for each product (or group of products providing the comparable function) identified in section (c)(1)(C) of this section, the estimated annual carbon dioxide emissions calculated within the range of emissions calculated for all models of the product or group according to its function, including those models consuming fuels and those models not consuming fuels.

.

(i)

Permitting States to seek injunctive enforcement

(1)

Section 334 of the Energy Policy and Conservation Act (42 U.S.C. 6304) is amended to read as follows:

334.

Jurisdiction and venue

(a)

Jurisdiction

The United States district courts shall have jurisdiction to restrain—

(1)

any violation of section 332; and

(2)

any person from distributing in commerce any covered product which does not comply with an applicable rule under section 324 or 325.

(b)

Authority

Any action referred to in subsection (a) shall be brought by the Commission or by the attorney general of a State in the name of the State, except that—

(1)

any such action to restrain any violation of section 332(a)(3) which relates to requirements prescribed by the Secretary or any violation of section 332(a)(4) which relates to request of the Secretary under section 326(b)(2) shall be brought by the Secretary; and

(2)

any violation of section 332(a)(5) or 332(a)(7) shall be brought by the Secretary or by the attorney general of a State in the name of the State.

(c)

Venue and service of process

Any such action may be brought in the United States district court for a district wherein any act, omission, or transaction constituting the violation occurred, or in such court of the district wherein the defendant is found or transacts business. In any action under this section, process may be served on a defendant in any other district in which the defendant resides or may be found.

.

(2) The item relating to section 334 in the table of contents for such Act is amended to read as follows:

Sec. 334. Jurisdiction and venue.

.

(j)

Treatment of appliances within building codes

(1)

Section 327(f)(3) of the Energy Policy and Conservation Act (42 U.S.C. 6297(f)(3)) is amended by striking subparagraphs (B) through (G) and inserting the following:

(B)

The code meets at least one of the following requirements:

(i)

The code does not require that the covered product have an energy efficiency exceeding—

(I)

the applicable energy conservation standard established in or prescribed under section 325;

(II)

the level required by a regulation of that State for which the Secretary has issued a rule granting a waiver under subsection (d) of this section; or

(III)

the required level established in the International Energy Conservation Code or in a standard of the American Society of Heating, Refrigerating and Air-Conditioning Engineers, or by the Secretary pursuant to section 304 of the Energy Conservation and Production Act.

(ii)

If the code uses one or more baseline building designs against which all submitted building designs are to be evaluated and such baseline building designs contain a covered product subject to an energy conservation standard established in or prescribed under section 325, the baseline building designs are based on an efficiency level for such covered product which meets but does not exceed one of the levels specified in clause (i).

(iii)

If the code sets forth one or more optional combinations of items which meet the energy consumption or conservation objective, in at least one combination that the State has found to be reasonably achievable using commercially available technologies the efficiency of the covered product meets but does not exceed one of the levels specified in clause (i).

(C)

The credit to the energy consumption or conservation objective allowed by the code for installing covered products having energy efficiencies exceeding one of the levels specified in subparagraph (B)(i) is on a one-for-one equivalent energy use or equivalent energy cost basis, taking into account the typical lifetime of the product.

(D)

The energy consumption or conservation objective is specified in terms of an estimated total consumption of energy (which may be calculated from energy loss- or gain-based codes) utilizing an equivalent amount of energy (which may be specified in units of energy or its equivalent cost) and equivalent lifetimes.

(E)

The estimated energy use of any covered product permitted or required in the code, or used in calculating the objective, is determined using the applicable test procedures prescribed under section 323, except that the State may permit the estimated energy use calculation to be adjusted to reflect the conditions of the areas where the code is being applied if such adjustment is based on the use of the applicable test procedures prescribed under section 323 or other technically accurate documented procedure.

.

(2)

Section 327(f)(4)(B) of the Energy Policy and Conservation Act (42 U.S.C. 6297(f)(4)(B)) is amended to read as follows:

(B)

If a building code requires the installation of covered products with efficiencies exceeding the levels and requirements specified in paragraph (3)(B), such requirement of the building code shall not be applicable unless the Secretary has granted a waiver for such requirement under subsection (d) of this section.

.

214.

Best-in-Class Appliances Deployment Program

(a)

In General

Not later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with the Administrator, shall establish a program to be known as the Best-in-Class Appliances Deployment Program to—

(1)

provide bonus payments to retailers or distributors under subsection (c) for sales of best-in-class high-efficiency household appliance models, high-efficiency installed building equipment, and high-efficiency consumer electronics, with the goal of reducing life-cycle costs for consumers, encouraging innovation, and maximizing energy savings and public benefit;

(2)

provide bounties under subsection (d) to retailers and manufacturers for the replacement, retirement, and recycling of old, inefficient, and environmentally harmful products; and

(3)

provide premium awards under subsection (e) to manufacturers for developing and producing new Superefficient Best-in-Class Products.

(b)

Designation of Best-in-Class Product Models

(1)

In general

The Secretary of Energy shall designate product models of appliances, equipment, or electronics as Best-in-Class Product models. The Secretary shall publicly announce the Best-in-Class Product models designated under this subsection. The Secretary shall define product classes broadly and, except as provided in paragraph (2), shall designate as Best-in-Class Product models no more than the most efficient 10 percent of the commercially available product models in a class that demonstrate, as a group, a distinctly greater energy efficiency than the average energy efficiency of that class of appliances, equipment, or electronics. In designating models, the Secretary shall—

(A)

identify commercially available models in the relevant class of products;

(B)

identify the subgroup of those models that share the distinctly higher energy-efficiency characteristics that warrant designation as best-in-class; and

(C)

add other models in that class to the list of Best-in-Class Product models as they demonstrate their ability to meet the higher-efficiency characteristics on which the designation was made.

(2)

Percentage exception

If there are fewer than 10 product models in a class of products, the Secretary may designate one or more of such models as Best-in-Class Products.

(3)

Review of best-in-class standards

The Secretary shall review annually the product-specific criteria for designating, and the product models that qualify as, Best-in-Class Products and, after notice and a 30-day comment period, make upwards adjustments in the efficiency criteria as necessary to maintain an appropriate ratio of such product models to the total number of product models in the product class.

(4)

Smart grid energy efficiency savings

The Secretary shall include energy efficiency savings achieved by a commercially available product having smart grid capability in determining the efficiency level of a product for purposes of a Best-In-Class Product designation pursuant to this subsection. In measuring energy efficiency savings achieved by smart grid capability, the Secretary shall use a metric that—

(A)

is based on the time-differentiated value and amount of energy consumption;

(B)

accounts for the capability of the product to respond to a smart grid in which the physical capability of the product to save or delay energy because of a smart grid feature is weighted by the likelihood that the feature will be used;

(C)

is based on the value of a unit of electric or gas consumption as a function of time of day and season; and

(D)

includes a test method by which the manufacturer shall determine the energy efficiency of smart grid capable products.

(c)

Bonuses for Sales of Best-in-Class Products

(1)

In general

The Secretary of Energy shall make bonus payments to retailers or, as provided in paragraph (5)(B), distributors for the sale of Best-in-Class Products.

(2)

Bonus program

The Secretary shall—

(A)

publicly announce the availability and amount of the bonus to be paid for each sale of a Best-in-Class Product of a model designated under subsection (b); and

(B)

make bonus payments in at least that amount for each Best-in-Class Product of that model sold during the 3-year period beginning on the date the model is designated under subsection (b).

(3)

Upgrade of best-in-class product eligibility

In conducting a review under subsection (b)(3), the Secretary shall—

(A)

consider designating as a Best-in-Class Product model a Superefficient Best-in-Class Product model that has been designated pursuant to subsection (e);

(B)

announce any change in the bonus payment as necessary to increase the market share of Best-in-Class Product models;

(C)

list models that will be eligible for bonuses in the new amount; and

(D)

continue paying bonus payments at the original level, for the sale of any models that previously qualified as Best-in-Class Products but do not qualify at the new level, for the remainder of the 3-year period announced with the original designation.

(4)

Size of individual bonus payments

(A)

The size of each bonus payment under this subsection shall be the product of—

(i)

an amount determined by the Secretary; and

(ii)

the difference in energy consumption between the Best-in-Class Product and the average product in the product class.

(B)

The Secretary shall determine the amount under subparagraph (A)(i) for each product type, in consultation with State and utility efficiency program administrators as well as the Administrator, based on estimates of the amount of bonus payment that would provide significant incentive to increase the market share of Best-in-Class Products.

(5)

Eligible bonus recipient

(A)

The Secretary shall ensure that not more than 1 bonus payment is provided under this subsection for each Best-in-Class Product.

(B)

The Secretary may make distributors eligible to receive bonus payments under this subsection for sales that are not to the final end-user, to the extent that the Secretary determines that for a particular product category distributors are well situated to increase sales of Best-in-Class Products.

(d)

Bounties for Replacement, Retirement, and Recycling of Existing Low-Efficiency Products

(1)

In general

The Secretary of Energy shall make bounty payments to—

(A)

retailers for the replacement, retirement, and recycling of older operating low-efficiency products that might otherwise continue in operation; and

(B)

manufacturers of Superefficient Best-in-Class Products for the retirement and recycling of older operating low-efficiency products that perform the same function and which might otherwise continue in operation.

(2)

Bounties

Bounties shall be payable—

(A)

to a retailer upon documentation that the sale of a Best-in-Class Product was accompanied by the replacement, retirement, and recycling of—

(i)

an inefficient but still-functioning product; or

(ii)

a nonfunctioning product containing a refrigerant, by the consumer to whom the Best-in-Class Product was sold; and

(B)

to a manufacturer upon documentation of the retirement and recycling of—

(i)

an inefficient but still-functioning product from a consumer to whom a Superefficient Best-in-Class Product was delivered; or

(ii)

a nonfunctioning product containing a refrigerant from a consumer to whom a Superefficient Best-in-Class Product was delivered.

(3)

Amount

(A)

Functioning products

The bounty payment payable under this subsection for a product described in paragraphs (2)(A)(i) and (2)(B)(i) shall be based on the difference between the estimated energy use of the product replaced and the energy use of an average new product in the product class, over the estimated remaining lifetime of the product that was replaced.

(B)

Nonfunctioning products containing refrigerants

The bounty payment payable under this subsection for a product described in paragraphs (2)(A)(ii) and (2)(B)(ii) shall be in the amount that the Secretary of Energy, in consultation with the Administrator, determines is sufficient to promote the recycling of such products, up to the amount of bounty for a comparable product described in paragraphs (2)(A) and (2)(B).

(4)

Retirement

The Secretary shall ensure that no product for which a bounty is paid under this subsection is returned to active service, but that it is instead destroyed, and recycled to the extent feasible.

(5)

Recycling appliances containing refrigerants

Exclusively for the purpose of implementing the bounty payment program for products containing a refrigerant under this section, the Administrator shall establish standards for environmentally responsible methods of recycling and disposal of refrigerant-containing appliances that, at a minimum, meet the requirements set by the Responsible Appliance Disposal (RAD) Program for refrigerant disposal. The Secretary shall ensure that such standards are met before a bounty payment is made under this subsection for a product containing a refrigerant. Nothing in this section shall be interpreted to alter the requirements of section 608 of the Clean Air Act or to relieve any person from complying with those requirements.

(e)

Premium Awards for Development and Production of Superefficient Best-in-Class Products

(1)

In general

(A)

The Secretary of Energy shall provide premium awards to manufacturers for the development and production of Superefficient Best-in-Class Products. The Secretary shall set and periodically revise standards for eligibility of products for designation as a Superefficient Best-in-Class Product.

(B)

The Secretary may establish a standard for a Superefficient Best-in-Class Product even if no product meeting that standard exists, if the Secretary has reasonable grounds to conclude that a mass-producible product could be made to meet that standard.

(C)

The Secretary may also establish a Superefficient Best-in-Class Product standard that is met by one or more existing Best-in-Class Product models, if those product models have distinct energy efficiency attributes and performance characteristics that make them significantly better than other product models qualifying as best-in-class. The Secretary may not designate as Superefficient Best-in-Class Products under this subparagraph models that represent more than 10 percent of the currently qualifying Best-in-Class Product models. This subparagraph shall not apply to products designated pursuant to paragraph (4)(A).

(D)

In making its finding on the efficiency level a product can achieve for purposes of a Superefficient Best-In-Class Product designation pursuant to this paragraph, the Secretary shall include energy efficiency savings that would be achieved by a product as a result of smart grid capability when a product having such capability can be produced and sold commercially to mass market consumers. In measuring energy efficiency savings achieved by smart grid capability, the Secretary shall use a metric that–

(i)

is based on the time-differentiated value and amount of energy consumption;

(ii)