O: END EPAC300.lc (file 1 of 19) S.L.C. - Energy.gov · 2011-07-28 · O:\END\EPAC300.lc (file 1 of 19) S.L.C. 109TH CONGRESS REPORT HOUSE OF REPRESENTATIVES 1st Session SENATE 109–

O:\END\EPAC300.lc (file 1 of 19) S.L.C.

109TH CONGRESS REPORT" !HOUSE OF REPRESENTATIVESSENATE1st Session 109–��

ENERGY POLICY ACT OF 2005

��, 2005.—Ordered to be printed

��, from the committee of conference,submitted the following

CONFERENCE REPORT

[To accompany H.R. 6]

The committee of conference on the disagreeing votes of the twoHouses on the amendment of the Senate to the bill (H.R. 6), to en-sure jobs for our future with secure, affordable, and reliable energy,having met, after full and free conference, have agreed to rec-ommend and do recommend to their respective Houses as follows:

That the House recede from its disagreement to the amendmentof the Senate and agree to the same with an amendment as fol-lows:

In lieu of the matter proposed to be inserted by the Senateamendment, insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.1

(a) SHORT TITLE.—This Act may be cited as the2

‘‘Energy Policy Act of 2005’’.3

(b) TABLE OF CONTENTS.—The table of contents of4

this Act is as follows:5

TITLE I—ENERGY EFFICIENCY

Subtitle A—Federal Programs

July 27, 2005

2


Sec. 101. Energy and water saving measures in congressional buildings.Sec. 102. Energy management requirements.Sec. 103. Energy use measurement and accountability.Sec. 104. Procurement of energy efficient products.Sec. 105. Energy savings performance contracts.Sec. 106. Voluntary commitments to reduce industrial energy intensity.Sec. 107. Advanced Building Efficiency Testbed.Sec. 108. Increased use of recovered mineral component in federally funded

projects involving procurement of cement or concrete.Sec. 109. Federal building performance standards.Sec. 110. Daylight savings.Sec. 111. Enhancing energy efficiency in management of Federal lands.

Subtitle B—Energy Assistance and State Programs

Sec. 121. Low income home energy assistance program.Sec. 122. Weatherization assistance.Sec. 123. State energy programs.Sec. 124. Energy efficient appliance rebate programs.Sec. 125. Energy efficient public buildings.Sec. 126. Low income community energy efficiency pilot program.Sec. 127. State Technologies Advancement Collaborative.Sec. 128. State building energy efficiency codes incentives.

Subtitle C—Energy Efficient Products

Sec. 131. Energy Star program.Sec. 132. HVAC maintenance consumer education program.Sec. 133. Public energy education program.Sec. 134. Energy efficiency public information initiative.Sec. 135. Energy conservation standards for additional products.Sec. 136. Energy conservation standards for commercial equipment.Sec. 137. Energy labeling.Sec. 138. Intermittent escalator study.Sec. 139. Energy efficient electric and natural gas utilities study.Sec. 140. Energy efficiency pilot program.Sec. 141. Report on failure to comply with deadlines for new or revised energy

conservation standards.

Subtitle D—Public Housing

Sec. 151. Public housing capital fund.Sec. 152. Energy-efficient appliances.Sec. 153. Energy efficiency standards.Sec. 154. Energy strategy for HUD.

July 27, 2005

3


TITLE II—RENEWABLE ENERGY

Subtitle A—General Provisions

Sec. 201. Assessment of renewable energy resources.Sec. 202. Renewable energy production incentive.Sec. 203. Federal purchase requirement.Sec. 204. Use of photovoltaic energy in public buildings.Sec. 205. Biobased products.Sec. 206. Renewable energy security.Sec. 207. Installation of photovoltaic system.Sec. 208. Sugar cane ethanol program.Sec. 209. Rural and remote community electrification grants.Sec. 210. Grants to improve the commercial value of forest biomass for electric

energy, useful heat, transportation fuels, and other commercialpurposes.

Sec. 211. Sense of Congress regarding generation capacity of electricity fromrenewable energy resources on public lands.

Subtitle B—Geothermal Energy

Sec. 221. Short title.Sec. 222. Competitive lease sale requirements.Sec. 223. Direct use.Sec. 224. Royalties and near-term production incentives.Sec. 225. Coordination of geothermal leasing and permitting on Federal lands.Sec. 226. Assessment of geothermal energy potential.Sec. 227. Cooperative or unit plans.Sec. 228. Royalty on byproducts.Sec. 229. Authorities of Secretary to readjust terms, conditions, rentals, and

royalties.Sec. 230. Crediting of rental toward royalty.Sec. 231. Lease duration and work commitment requirements.Sec. 232. Advanced royalties required for cessation of production.Sec. 233. Annual rental.Sec. 234. Deposit and use of geothermal lease revenues for 5 fiscal years.Sec. 235. Acreage limitations.Sec. 236. Technical amendments.Sec. 237. Intermountain West Geothermal Consortium.

Subtitle C—Hydroelectric

Sec. 241. Alternative conditions and fishways.Sec. 242. Hydroelectric production incentives.Sec. 243. Hydroelectric efficiency improvement.Sec. 244. Alaska State jurisdiction over small hydroelectric projects.

July 27, 2005

4


Sec. 245. Flint Creek hydroelectric project.Sec. 246. Small hydroelectric power projects.

Subtitle D—Insular Energy

Sec. 251. Insular areas energy security.Sec. 252. Projects enhancing insular energy independence.

TITLE III—OIL AND GAS

Subtitle A—Petroleum Reserve and Home Heating Oil

Sec. 301. Permanent authority to operate the Strategic Petroleum Reserve andother energy programs.

Sec. 302. National Oilheat Research Alliance.Sec. 303. Site selection.

Subtitle B—Natural Gas

Sec. 311. Exportation or importation of natural gas.Sec. 312. New natural gas storage facilities.Sec. 313. Process coordination; hearings; rules of procedure.Sec. 314. Penalties.Sec. 315. Market manipulation.Sec. 316. Natural gas market transparency rules.Sec. 317. Federal-State liquefied natural gas forums.Sec. 318. Prohibition of trading and serving by certain individuals.

Subtitle C—Production

Sec. 321. Outer Continental Shelf provisions.Sec. 322. Hydraulic fracturing.Sec. 323. Oil and gas exploration and production defined.

Subtitle D—Naval Petroleum Reserve

Sec. 331. Transfer of administrative jurisdiction and environmental remedi-ation, Naval Petroleum Reserve Numbered 2, Kern County,California.

Sec. 332. Naval Petroleum Reserve Numbered 2 Lease Revenue Account.Sec. 333. Land conveyance, portion of Naval Petroleum Reserve Numbered 2,

to City of Taft, California.Sec. 334. Revocation of land withdrawal.

Subtitle E—Production Incentives

Sec. 341. Definition of Secretary.Sec. 342. Program on oil and gas royalties in-kind.

July 27, 2005

5


Sec. 343. Marginal property production incentives.Sec. 344. Incentives for natural gas production from deep wells in the shallow

waters of the Gulf of Mexico.Sec. 345. Royalty relief for deep water production.Sec. 346. Alaska offshore royalty suspension.Sec. 347. Oil and gas leasing in the National Petroleum Reserve in Alaska.Sec. 348. North Slope Science Initiative.Sec. 349. Orphaned, abandoned, or idled wells on Federal land.Sec. 350. Combined hydrocarbon leasing.Sec. 351. Preservation of geological and geophysical data.Sec. 352. Oil and gas lease acreage limitations.Sec. 353. Gas hydrate production incentive .Sec. 354. Enhanced oil and natural gas production through carbon dioxide in-

jection.Sec. 355. Assessment of dependence of State of Hawaii on oil.Sec. 356. Denali Commission.Sec. 357. Comprehensive inventory of OCS oil and natural gas resources.

Subtitle F—Access to Federal Lands

Sec. 361. Federal onshore oil and gas leasing and permitting practices.Sec. 362. Management of Federal oil and gas leasing programs.Sec. 363. Consultation regarding oil and gas leasing on public land.Sec. 364. Estimates of oil and gas resources underlying onshore Federal land.Sec. 365. Pilot project to improve Federal permit coordination.Sec. 366. Deadline for consideration of applications for permits.Sec. 367. Fair market value determinations for linear rights-of-way across pub-

lic lands and National Forests.Sec. 368. Energy right-of-way corridors on Federal land.Sec. 369. Oil shale, tar sands, and other strategic unconventional fuels.Sec. 370. Finger Lakes withdrawal.Sec. 371. Reinstatement of leases.Sec. 372. Consultation regarding energy rights-of-way on public land.Sec. 373. Sense of Congress regarding development of minerals under Padre Is-

land National Seashore.Sec. 374. Livingston Parish mineral rights transfer.

Subtitle G—Miscellaneous

Sec. 381. Deadline for decision on appeals of consistency determination underthe Coastal Zone Management Act of 1972.

Sec. 382. Appeals relating to offshore mineral development.Sec. 383. Royalty payments under leases under the Outer Continental Shelf

Lands Act.Sec. 384. Coastal impact assistance program.Sec. 385. Study of availability of skilled workers.

July 27, 2005

6


Sec. 386. Great Lakes oil and gas drilling ban.Sec. 387. Federal coalbed methane regulation.Sec. 388. Alternate energy-related uses on the outer Continental Shelf.Sec. 389. Oil Spill Recovery Institute.Sec. 390. NEPA review.

Subtitle H—Refinery Revitalization

Sec. 391. Findings and definitions.Sec. 392. Federal-State regulatory coordination and assistance.

TITLE IV—COAL

Subtitle A—Clean Coal Power Initiative

Sec. 401. Authorization of appropriations.Sec. 402. Project criteria.Sec. 403. Report.Sec. 404. Clean coal centers of excellence.

Subtitle B—Clean Power Projects

Sec. 411. Integrated coal/renewable energy system.Sec. 412. Loan to place Alaska clean coal technology facility in service.Sec. 413. Western integrated coal gasification demonstration project.Sec. 414. Coal gasification.Sec. 415. Petroleum coke gasification.Sec. 416. Electron scrubbing demonstration.Sec. 417. Department of Energy transportation fuels from Illinois basin coal.

Subtitle C—Coal and Related Programs

Sec. 421. Amendment of the Energy Policy Act of 1992.

Subtitle D—Federal Coal Leases

Sec. 431. Short title.Sec. 432. Repeal of the 160-acre limitation for coal leases.Sec. 433. Approval of logical mining units.Sec. 434. Payment of advance royalties under coal leases.Sec. 435. Elimination of deadline for submission of coal lease operation and

reclamation plan.Sec. 436. Amendment relating to financial assurances with respect to bonus

bids.Sec. 437. Inventory requirement.Sec. 438. Application of amendments.

TITLE V—INDIAN ENERGYJuly 27, 2005

7


Sec. 501. Short titleSec. 502. Office of Indian Energy Policy and ProgramsSec. 503. Indian energySec. 504. Consultation with Indian tribesSec. 505. Four Corners transmission line project and electrificationSec. 506. Energy efficiency in federally assisted housing

TITLE VI—NUCLEAR MATTERS

Subtitle A—Price-Anderson Act Amendments

Sec. 601. Short title.Sec. 602. Extension of indemnification authority.Sec. 603. Maximum assessment.Sec. 604. Department liability limit.Sec. 605. Incidents outside the United States.Sec. 606. Reports.Sec. 607. Inflation adjustment.Sec. 608. Treatment of modular reactors.Sec. 609. Applicability.Sec. 610. Civil penalties.

Subtitle B—General Nuclear Matters

Sec. 621. Licenses.Sec. 622. Nuclear Regulatory Commission scholarship and fellowship program.Sec. 623. Cost recovery from Government agencies.Sec. 624. Elimination of pension offset for certain rehired Federal retirees.Sec. 625. Antitrust review.Sec. 626. Decommissioning.Sec. 627. Limitation on legal fee reimbursement.Sec. 628. Decommissioning pilot program.Sec. 629. Whistleblower protection.Sec. 630. Medical isotope production.Sec. 631. Safe disposal of greater-than-Class C radioactive waste.Sec. 632. Prohibition on nuclear exports to countries that sponsor terrorism.Sec. 633. Employee benefits.Sec. 634. Demonstration hydrogen production at existing nuclear power plants.Sec. 635. Prohibition on assumption by United States Government of liability

for certain foreign incidents.Sec. 636. Authorization of appropriations.Sec. 637. Nuclear Regulatory Commission user fees and annual charges.Sec. 638. Standby support for certain nuclear plant delays.Sec. 639. Conflicts of interest relating to contracts and other arrangements.

Subtitle C—Next Generation Nuclear Plant Project

July 27, 2005

8


Sec. 641. Project establishment.Sec. 642. Project management.Sec. 643. Project organization.Sec. 644. Nuclear Regulatory Commission.Sec. 645. Project timelines and authorization of appropriations.

Subtitle D—Nuclear Security

Sec. 651. Nuclear facility and materials security.Sec. 652. Fingerprinting and criminal history record checks.Sec. 653. Use of firearms by security personnel.Sec. 654. Unauthorized introduction of dangerous weapons.Sec. 655. Sabotage of nuclear facilities, fuel, or designated material.Sec. 656. Secure transfer of nuclear materials.Sec. 657. Department of Homeland Security consultation.

TITLE VII—VEHICLES AND FUELS

Subtitle A—Existing Programs

Sec. 701. Use of alternative fuels by dual fueled vehicles.Sec. 702. Incremental cost allocation.Sec. 703. Alternative compliance and flexibility.Sec. 704. Review of Energy Policy Act of 1992 programs.Sec. 705. Report concerning compliance with alternative fueled vehicle pur-

chasing requirements.Sec. 706. Joint flexible fuel/hybrid vehicle commercialization initiative.Sec. 707. Emergency exemption.

Subtitle B—Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses

PART 1—HYBRID VEHICLES

Sec. 711. Hybrid vehicles.Sec. 712. Efficient hybrid and advanced diesel vehicles.

PART 2—ADVANCED VEHICLES

Sec. 721. Pilot program.Sec. 722. Reports to Congress.Sec. 723. Authorization of appropriations.

PART 3—FUEL CELL BUSES

Sec. 731. Fuel cell transit bus demonstration.

Subtitle C—Clean School Buses

July 27, 2005

9


Sec. 741. Clean school bus program.Sec. 742. Diesel truck retrofit and fleet modernization program.Sec. 743. Fuel cell school buses.

Subtitle D—Miscellaneous

Sec. 751. Railroad efficiency.Sec. 752. Mobile emission reductions trading and crediting.Sec. 753. Aviation fuel conservation and emissions.Sec. 754. Diesel fueled vehicles.Sec. 755. Conserve by Bicycling Program.Sec. 756. Reduction of engine idling.Sec. 757. Biodiesel engine testing program.Sec. 758. Ultra-efficient engine technology for aircraft.Sec. 759. Fuel economy incentive requirements.

Subtitle E—Automobile Efficiency

Sec. 771. Authorization of appropriations for implementation and enforcementof fuel economy standards.

Sec. 772. Extension of maximum fuel economy increase for alternative fueledvehicles.

Sec. 773. Study of feasibility and effects of reducing use of fuel for auto-mobiles.

Sec. 774. Update testing procedures.

Subtitle F—Federal and State Procurement

Sec. 781. Definitions.Sec. 782. Federal and State procurement of fuel cell vehicles and hydrogen en-

ergy systems.Sec. 783. Federal procurement of stationary, portable, and micro fuel cells.

Subtitle G—Diesel Emissions Reduction

Sec. 791. Definitions.Sec. 792. National grant and loan programs.Sec. 793. State grant and loan programs.Sec. 794. Evaluation and report.Sec. 795. Outreach and incentives.Sec. 796. Effect of subtitle.Sec. 797. Authorization of appropriations.

TITLE VIII—HYDROGEN

Sec. 801. Hydrogen and fuel cell program.Sec. 802. Purposes.

July 27, 2005

10


Sec. 803. Definitions.Sec. 804. Plan.Sec. 805. Programs.Sec. 806. Hydrogen and Fuel Cell Technical Task Force.Sec. 807. Technical Advisory Committee.Sec. 808. Demonstration.Sec. 809. Codes and standards.Sec. 810. Disclosure.Sec. 811. Reports.Sec. 812. Solar and wind technologies.Sec. 813. Technology transfer.Sec. 814. Miscellaneous provisions.Sec. 815. Cost sharing.Sec. 816. Savings clause.

TITLE IX—RESEARCH AND DEVELOPMENT

Sec. 901. Short title.Sec. 902. Goals.Sec. 903. Definitions.

Subtitle A—Energy Efficiency

Sec. 911. Energy efficiency.Sec. 912. Next Generation Lighting Initiative.Sec. 913. National Building Performance Initiative.Sec. 914. Building standards.Sec. 915. Secondary electric vehicle battery use program.Sec. 916. Energy Efficiency Science Initiative.Sec. 917. Advanced Energy Efficiency Technology Transfer Centers.

Subtitle B—Distributed Energy and Electric Energy Systems

Sec. 921. Distributed energy and electric energy systems.Sec. 922. High power density industry program.Sec. 923. Micro-cogeneration energy technology.Sec. 924. Distributed energy technology demonstration programs.Sec. 925. Electric transmission and distribution programs.

Subtitle C—Renewable Energy

Sec. 931. Renewable energy.Sec. 932. Bioenergy program.Sec. 933. Low-cost renewable hydrogen and infrastructure for vehicle propul-

sion.Sec. 934. Concentrating solar power research program.Sec. 935. Renewable energy in public buildings.

July 27, 2005

11


Subtitle D—Agricultural Biomass Research and Development Programs

Sec. 941. Amendments to the Biomass Research and Development Act of 2000.Sec. 942. Production incentives for cellulosic biofuels.Sec. 943. Procurement of biobased products.Sec. 944. Small business bioproduct marketing and certification grants.Sec. 945. Regional bioeconomy development grants.Sec. 946. Preprocessing and harvesting demonstration grants.Sec. 947. Education and outreach.Sec. 948. Reports.

Subtitle E—Nuclear Energy

Sec. 951. Nuclear energy.Sec. 952. Nuclear energy research programs.Sec. 953. Advanced fuel cycle initiative.Sec. 954. University nuclear science and engineering support.Sec. 955. Department of Energy civilian nuclear infrastructure and facilities.Sec. 956. Security of nuclear facilities.Sec. 957. Alternatives to industrial radioactive sources.

Subtitle F—Fossil Energy

Sec. 961. Fossil energy.Sec. 962. Coal and related technologies program.Sec. 963. Carbon capture research and development program.Sec. 964. Research and development for coal mining technologies.Sec. 965. Oil and gas research programs.Sec. 966. Low-volume oil and gas reservoir research program.Sec. 967. Complex well technology testing facility.Sec. 968. Methane hydrate research.

Subtitle G—Science

Sec. 971. Science.Sec. 972. Fusion energy sciences program.Sec. 973. Catalysis research program.Sec. 974. Hydrogen.Sec. 975. Solid state lighting.Sec. 976. Advanced scientific computing for energy missions.Sec. 977. Systems biology program.Sec. 978. Fission and fusion energy materials research program.Sec. 979. Energy and water supplies.Sec. 980. Spallation Neutron Source.Sec. 981. Rare isotope accelerator.Sec. 982. Office of Scientific and Technical Information.Sec. 983. Science and engineering education pilot program.

July 27, 2005

12


Sec. 984. Energy research fellowships.Sec. 984A. Science and technology scholarship program.

Subtitle H—International Cooperation

Sec. 985. Western Hemisphere energy cooperation.Sec. 986. Cooperation between United States and Israel.Sec. 986A. International energy training.

Subtitle I—Research Administration and Operations

Sec. 987. Availability of funds.Sec. 988. Cost sharing.Sec. 989. Merit review of proposals.Sec. 990. External technical review of Departmental programs.Sec. 991. National Laboratory designation.Sec. 992. Report on equal employment opportunity practices.Sec. 993. Strategy and plan for science and energy facilities and infrastructure.Sec. 994. Strategic research portfolio analysis and coordination plan.Sec. 995. Competitive award of management contracts.Sec. 996. Western Michigan demonstration project.Sec. 997. Arctic Engineering Research Center.Sec. 998. Barrow Geophysical Research Facility.

Subtitle J—Ultra-Deepwater and Unconventional Natural Gas and OtherPetroleum Resources

Sec. 999A. Program authority.Sec. 999B. Ultra-deepwater and unconventional onshore natural gas and other

petroleum research and development program.Sec. 999C. Additional requirements for awards.Sec. 999D. Advisory committees.Sec. 999E. Limits on participation.Sec. 999F. Sunset.Sec. 999G. Definitions.Sec. 999H. Funding.

TITLE X—DEPARTMENT OF ENERGY MANAGEMENT

Sec. 1001. Improved technology transfer of energy technologies.Sec. 1002. Technology Infrastructure Program.Sec. 1003. Small business advocacy and assistance.Sec. 1004. Outreach.Sec. 1005. Relationship to other laws.Sec. 1006. Improved coordination and management of civilian science and tech-

nology programs.Sec. 1007. Other transactions authority.

July 27, 2005

13


Sec. 1008. Prizes for achievement in grand challenges of science and tech-nology.

Sec. 1009. Technical corrections.Sec. 1010. University collaboration.Sec. 1011. Sense of Congress.

TITLE XI—PERSONNEL AND TRAINING

Sec. 1101. Workforce trends and traineeship grants.Sec. 1102. Educational programs in science and mathematics.Sec. 1103. Training guidelines for nonnuclear electric energy industry per-

sonnel.Sec. 1104. National Center for Energy Management and Building Tech-

nologies.Sec. 1105. Improved access to energy-related scientific and technical careers.Sec. 1106. National Power Plant Operations Technology and Educational Cen-

ter.

TITLE XII—ELECTRICITY

Sec. 1201. Short title.

Subtitle A—Reliability Standards

Sec. 1211. Electric reliability standards.

Subtitle B—Transmission Infrastructure Modernization

Sec. 1221. Siting of interstate electric transmission facilities.Sec. 1222. Third-party finance.Sec. 1223. Advanced transmission technologies.Sec. 1224. Advanced Power System Technology Incentive Program.

Subtitle C—Transmission Operation Improvements

Sec. 1231. Open nondiscriminatory access.Sec. 1232. Federal utility participation in Transmission Organizations.Sec. 1233. Native load service obligation.Sec. 1234. Study on the benefits of economic dispatch.Sec. 1235. Protection of transmission contracts in the Pacific Northwest.Sec. 1236. Sense of Congress regarding locational installed capacity mecha-

nism.

Subtitle D—Transmission Rate Reform

Sec. 1241. Transmission infrastructure investment.Sec. 1242. Funding new interconnection and transmission upgrades.

July 27, 2005

14


Subtitle E—Amendments to PURPA

Sec. 1251. Net metering and additional standards.Sec. 1252. Smart metering.Sec. 1253. Cogeneration and small power production purchase and sale require-

ments.Sec. 1254. Interconnection.

Subtitle F—Repeal of PUHCA

Sec. 1261. Short title.Sec. 1262. Definitions.Sec. 1263. Repeal of the Public Utility Holding Company Act of 1935.Sec. 1264. Federal access to books and records.Sec. 1265. State access to books and records.Sec. 1266. Exemption authority.Sec. 1267. Affiliate transactions.Sec. 1268. Applicability.Sec. 1269. Effect on other regulations.Sec. 1270. Enforcement.Sec. 1271. Savings provisions.Sec. 1272. Implementation.Sec. 1273. Transfer of resources.Sec. 1274. Effective date.Sec. 1275. Service allocation.Sec. 1276. Authorization of appropriations.Sec. 1277. Conforming amendments to the Federal Power Act.

Subtitle G—Market Transparency, Enforcement, and Consumer Protection

Sec. 1281. Electricity market transparency.Sec. 1282. False statements.Sec. 1283. Market manipulation.Sec. 1284. Enforcement.Sec. 1285. Refund effective date.Sec. 1286. Refund authority.Sec. 1287. Consumer privacy and unfair trade practices.Sec. 1288. Authority of court to prohibit individuals from serving as officers,

directors, and energy traders.Sec. 1289. Merger review reform.Sec. 1290. Relief for extraordinary violations.

Subtitle H—Definitions

Sec. 1291. Definitions.

Subtitle I—Technical and Conforming AmendmentsJuly 27, 2005

15


Sec. 1295. Conforming amendments.

Subtitle J—Economic Dispatch

Sec. 1298. Economic dispatch.

TITLE XIII—ENERGY POLICY TAX INCENTIVES

Sec. 1300. Short title; amendment to 1986 code.

Subtitle A—Electricity Infrastructure

Sec. 1301. Extension and modification of renewable electricity production cred-it.

Sec. 1302. Application of section 45 credit to agricultural cooperatives.Sec. 1303. Clean renewable energy bonds.Sec. 1304. Treatment of income of certain electric cooperatives.Sec. 1305. Dispositions of transmission property to implement FERC restruc-

turing policy.Sec. 1306. Credit for production from advanced nuclear power facilities.Sec. 1307. Credit for investment in clean coal facilities.Sec. 1308. Electric transmission property treated as 15-year property.Sec. 1309. Expansion of amortization for certain atmospheric pollution control

facilities in connection with plants first placed in service after1975.

Sec. 1310. Modifications to special rules for nuclear decommissioning costs.Sec. 1311. 5-year net operating loss carryover for certain losses.

Subtitle B—Domestic Fossil Fuel Security

Sec. 1321. Extension of credit for producing fuel from a nonconventional sourcefor facilities producing coke or coke gas.

Sec. 1322. Modification of credit for producing fuel from a nonconventionalsource.

Sec. 1323. Temporary expensing for equipment used in refining of liquid fuels.Sec. 1324. Pass through to owners of deduction for capital costs incurred by

small refiner cooperatives in complying with EnvironmentalProtection Agency sulfur regulations.

Sec. 1325. Natural gas distribution lines treated as 15-year property.Sec. 1326. Natural gas gathering lines treated as 7-year property.Sec. 1327. Arbitrage rules not to apply to prepayments for natural gas.Sec. 1328. Determination of small refiner exception to oil depletion deduction.Sec. 1329. Amortization of geological and geophysical expenditures.

Subtitle C—Conservation and Energy Efficiency Provisions

Sec. 1331. Energy efficient commercial buildings deduction.

July 27, 2005

16


Sec. 1332. Credit for construction of new energy efficient homes.Sec. 1333. Credit for certain nonbusiness energy property.Sec. 1334. Credit for energy efficient appliances.Sec. 1335. Credit for residential energy efficient property.Sec. 1336. Credit for business installation of qualified fuel cells and stationary

microturbine power plants.Sec. 1337. Business solar investment tax credit.

Subtitle D—Alternative Motor Vehicles and Fuels Incentives

Sec. 1341. Alternative motor vehicle credit.Sec. 1342. Credit for installation of alternative fueling stations.Sec. 1343. Reduced motor fuel excise tax on certain mixtures of diesel fuel.Sec. 1344. Extension of excise tax provisions and income tax credit for bio-

diesel.Sec. 1345. Small agri-biodiesel producer credit.Sec. 1346. Renewable diesel.Sec. 1347. Modification.of small ethanol producer credit.Sec. 1348. Sunset of deduction for clean-fuel vehicles and certain refueling

property.

Subtitle E—Additional Energy Tax Incentives

Sec. 1351. Expansion of research credit.Sec. 1352. National Academy of Sciences study and report.Sec. 1353. Recycling study.

Subtitle F—Revenue Raising Provisions

Sec. 1361. Oil Spill Liability Trust Fund financing rate.Sec. 1362. Extension of Leaking Underground Storage Tank Trust Fund fi-

nancing rate.Sec. 1363. Modification of recapture rules for amortizable section 197 intangi-

bles.Sec. 1364. Clarification of tire excise tax.

TITLE XIV—MISCELLANEOUS

Subtitle A—In General

Sec. 1401. Sense of Congress on risk assessments.Sec. 1402. Energy production incentives.Sec. 1403. Regulation of certain oil used in transformers.Sec. 1404. Petrochemical and oil refinery facility health assessment.Sec. 1405. National Priority Project Designation.Sec. 1406. Cold cracking.Sec. 1407. Oxygen-fuel.

July 27, 2005

17


Subtitle B—Set America Free

Sec. 1421. Short title.Sec. 1422. Purpose.Sec. 1423. United States Commission on North American Energy Freedom.Sec. 1424. North American energy freedom policy.

TITLE XV—ETHANOL AND MOTOR FUELS

Subtitle A—General Provisions

Sec. 1501. Renewable content of gasoline.Sec. 1502. Findings.Sec. 1503. Claims filed after enactment.Sec. 1504. Elimination of oxygen content requirement for reformulated gaso-

line.Sec. 1505. Public health and environmental impacts of fuels and fuel additives.Sec. 1506. Analyses of motor vehicle fuel changes.Sec. 1507. Additional opt-in areas under reformulated gasoline program.Sec. 1508. Data collection.Sec. 1509. Fuel system requirements harmonization study.Sec. 1510. Commercial byproducts from municipal solid waste and cellulosic

biomass loan guarantee program.Sec. 1511. Renewable fuel.Sec. 1512. Conversion assistance for cellulosic biomass, waste-derived ethanol,

approved renewable fuels.Sec. 1513. Blending of compliant reformulated gasolines.Sec. 1514. Advanced biofuel technologies program.Sec. 1515. Waste-derived ethanol and biodiesel.Sec. 1516. Sugar ethanol loan guarantee program.

Subtitle B—Underground Storage Tank Compliance

Sec. 1521. Short title.Sec. 1522. Leaking underground storage tanks.Sec. 1523. Inspection of underground storage tanks.Sec. 1524. Operator training.Sec. 1525. Remediation from oxygenated fuel additives.Sec. 1526. Release prevention, compliance, and enforcement.Sec. 1527. Delivery prohibition.Sec. 1528. Federal facilities.Sec. 1529. Tanks on tribal lands.Sec. 1530. Additional measures to protect groundwater.Sec. 1531. Authorization of appropriations.Sec. 1532. Conforming amendments.Sec. 1533. Technical amendments.

July 27, 2005

18


Subtitle C—Boutique Fuels

Sec. 1541. Reducing the proliferation of boutique fuels.

TITLE XVI—CLIMATE CHANGE

Subtitle A—National Climate Change Technology Deployment

Sec. 1601. Greenhouse gas intensity reducing technology strategies.

Subtitle B—Climate Change Technology Deployment in Developing Countries

Sec. 1611. Climate change technology deployment in developing countries.

TITLE XVII—INCENTIVES FOR INNOVATIVE TECHNOLOGIES

Sec. 1701. Definitions.Sec. 1702. Terms and conditions.Sec. 1703. Eligible projects.Sec. 1704. Authorization of appropriations.

TITLE XVIII—STUDIES

Sec. 1801. Study on inventory of petroleum and natural gas storage.Sec. 1802. Study of energy efficiency standards.Sec. 1803. Telecommuting study.Sec. 1804. LIHEAP Report.Sec. 1805. Oil bypass filtration technology.Sec. 1806. Total integrated thermal systems.Sec. 1807. Report on energy integration with Latin America.Sec. 1808. Low-volume gas reservoir study.Sec. 1809. Investigation of gasoline prices.Sec. 1810. Alaska natural gas pipeline.Sec. 1811. Coal bed methane study.Sec. 1812. Backup fuel capability study.Sec. 1813. Indian land rights-of-way.Sec. 1814. Mobility of scientific and technical personnel.Sec. 1815. Interagency review of competition in the wholesale and retail mar-

kets for electric energy.Sec. 1816. Study of rapid electrical grid restoration.Sec. 1817. Study of distributed generation.Sec. 1818. Natural gas supply shortage report.Sec. 1819. Hydrogen participation study.Sec. 1820. Overall employment in a hydrogen economy.Sec. 1821. Study of best management practices for energy research and devel-

opment programs.

July 27, 2005

19


Sec. 1822. Effect of electrical contaminants on reliability of energy productionsystems.

Sec. 1823. Alternative fuels reports.Sec. 1824. Final action on refunds for excessive charges.Sec. 1825. Fuel cell and hydrogen technology study.Sec. 1826. Passive solar technologies.Sec. 1827. Study of link between energy security and increases in vehicle miles

traveled.Sec. 1828. Science study on cumulative impacts of multiple offshore liquefied

natural gas facilities.Sec. 1829. Energy and water saving measures in congressional buildings.Sec. 1830. Study of availability of skilled workers.Sec. 1831. Review of Energy Policy Act of 1992 programs.Sec. 1832. Study on the benefits of economic dispatch.Sec. 1833. Renewable energy on Federal land.Sec. 1834. Increased hydroelectric generation at existing Federal facilities.Sec. 1835. Split-estate Federal oil and gas leasing and development practices.Sec. 1836. Resolution of Federal resource development conflicts in the Powder

River Basin.Sec. 1837. National security review of international energy requirements.Sec. 1838. Used oil re-refining study.Sec. 1839. Transmission system monitoring.Sec. 1840. Report identifying and describing the status of potential hydropower

facilities.

SEC. 2. DEFINITIONS.1

Except as otherwise provided, in this Act:2

(1) DEPARTMENT.—The term ‘‘Department’’3

means the Department of Energy.4

(2) INSTITUTION OF HIGHER EDUCATION.—5

(A) IN GENERAL.—The term ‘‘institution6

of higher education’’ has the meaning given the7

term in section 101(a) of the Higher Education8

Act of 1065 (20 U.S.C. 1001(a)).9

July 27, 2005

20


(B) INCLUSION.—The term ‘‘institution of1

higher education’’ includes an organization2

that—3

(i) is organized, and at all times4

thereafter operated, exclusively for the ben-5

efit of, to perform the functions of, or to6

carry out the functions of 1 or more orga-7

nizations referred to in subparagraph (A);8

and9

(ii) is operated, supervised, or con-10

trolled by or in connection with 1 or more11

of those organizations.12

(3) NATIONAL LABORATORY.—The term ‘‘Na-13

tional Laboratory’’ means any of the following lab-14

oratories owned by the Department:15

(A) Ames Laboratory.16

(B) Argonne National Laboratory.17

(C) Brookhaven National Laboratory.18

(D) Fermi National Accelerator Labora-19

tory.20

(E) Idaho National Laboratory.21July 27, 2005

21


(F) Lawrence Berkeley National Labora-1

tory.2

(G) Lawrence Livermore National Labora-3

tory.4

(H) Los Alamos National Laboratory.5

(I) National Energy Technology Labora-6

tory.7

(J) National Renewable Energy Labora-8

tory.9

(K) Oak Ridge National Laboratory.10

(L) Pacific Northwest National Labora-11

tory.12

(M) Princeton Plasma Physics Laboratory.13

(N) Sandia National Laboratories.14

(O) Savannah River National Laboratory.15

(P) Stanford Linear Accelerator Center.16

(Q) Thomas Jefferson National Accel-17

erator Facility.18

(4) SECRETARY.—The term ‘‘Secretary’’ means19

the Secretary of Energy.20

July 27, 2005

22


(5) SMALL BUSINESS CONCERN.—The term1

‘‘small business concern’’ has the meaning given the2

term in section 3 of the Small Business Act (153

U.S.C. 632).4

TITLE I—ENERGY EFFICIENCY5Subtitle A—Federal Programs6

SEC. 101. ENERGY AND WATER SAVING MEASURES IN CON-7

GRESSIONAL BUILDINGS.8

(a) IN GENERAL.—Part 3 of title V of the National9

Energy Conservation Policy Act (42 U.S.C. 8251 et seq.)10

is amended by adding at the end the following:11

‘‘SEC. 552. ENERGY AND WATER SAVINGS MEASURES IN12

CONGRESSIONAL BUILDINGS.13

‘‘(a) IN GENERAL.—The Architect of the Capitol—14

‘‘(1) shall develop, update, and implement a15

cost-effective energy conservation and management16

plan (referred to in this section as the ‘plan’) for all17

facilities administered by Congress (referred to in18

this section as ‘congressional buildings’) to meet the19

energy performance requirements for Federal build-20

ings established under section 543(a)(1); and21July 27, 2005

23


‘‘(2) shall submit the plan to Congress, not1

later than 180 days after the date of enactment of2

this section.3

‘‘(b) PLAN REQUIREMENTS.—The plan shall4

include—5

‘‘(1) a description of the life cycle cost analysis6

used to determine the cost-effectiveness of proposed7

energy efficiency projects;8

‘‘(2) a schedule of energy surveys to ensure9

complete surveys of all congressional buildings every10

5 years to determine the cost and payback period of11

energy and water conservation measures;12

‘‘(3) a strategy for installation of life cycle cost-13

effective energy and water conservation measures;14

‘‘(4) the results of a study of the costs and ben-15

efits of installation of submetering in congressional16

buildings; and17

‘‘(5) information packages and ‘how-to’ guides18

for each Member and employing authority of Con-19

gress that detail simple, cost-effective methods to20

save energy and taxpayer dollars in the workplace.21July 27, 2005

24


‘‘(c) ANNUAL REPORT.—The Architect of the Capitol1

shall submit to Congress annually a report on congres-2

sional energy management and conservation programs re-3

quired under this section that describes in detail—4

‘‘(1) energy expenditures and savings estimates5

for each facility;6

‘‘(2) energy management and conservation7

projects; and8

‘‘(3) future priorities to ensure compliance with9

this section.’’.10

(b) TABLE OF CONTENTS AMENDMENT.—The table11

of contents of the National Energy Conservation Policy12

Act is amended by adding at the end of the items relating13

to part 3 of title V the following new item:14

‘‘Sec. 552. Energy and water savings measures in congressional buildings’’.

(c) REPEAL.—Section 310 of the Legislative Branch15

Appropriations Act, 1999 (2 U.S.C. 1815), is repealed.16

SEC. 102. ENERGY MANAGEMENT REQUIREMENTS.17

(a) ENERGY REDUCTION GOALS.—18

(1) AMENDMENT.—Section 543(a)(1) of the19

National Energy Conservation Policy Act (42 U.S.C.20July 27, 2005

25


8253(a)(1)) is amended by striking ‘‘its Federal1

buildings so that’’ and all that follows through the2

end and inserting ‘‘the Federal buildings of the3

agency (including each industrial or laboratory facil-4

ity) so that the energy consumption per gross square5

foot of the Federal buildings of the agency in fiscal6

years 2006 through 2015 is reduced, as compared7

with the energy consumption per gross square foot8

of the Federal buildings of the agency in fiscal year9

2003, by the percentage specified in the following10

table:11‘‘Fiscal Year Percentage reduction

2006 ..................................................................................... 22007 ..................................................................................... 42008 ..................................................................................... 62009 ..................................................................................... 82010 ..................................................................................... 102011 ..................................................................................... 122012 ..................................................................................... 142013 ..................................................................................... 162014 ..................................................................................... 182015 ..................................................................................... 20.

(2) REPORTING BASELINE.—The energy reduc-12

tion goals and baseline established in paragraph (1)13

of section 543(a) of the National Energy Conserva-14

tion Policy Act (42 U.S.C. 8253(a)(1)), as amended15

July 27, 2005

26


by this subsection, supersede all previous goals and1

baselines under such paragraph, and related report-2

ing requirements.3

(b) REVIEW AND REVISION OF ENERGY PERFORM-4

ANCE REQUIREMENT.—Section 543(a) of the National5

Energy Conservation Policy Act (42 U.S.C. 8253(a)) is6

further amended by adding at the end the following:7

‘‘(3) Not later than December 31, 2014, the Sec-8

retary shall review the results of the implementation of9

the energy performance requirement established under10

paragraph (1) and submit to Congress recommendations11

concerning energy performance requirements for fiscal12

years 2016 through 2025.’’.13

(c) EXCLUSIONS.—Section 543(c)(1) of the National14

Energy Conservation Policy Act (42 U.S.C. 8253(c)(1))15

is amended by striking ‘‘An agency may exclude’’ and all16

that follows through the end and inserting ‘‘(A) An agency17

may exclude, from the energy performance requirement18

for a fiscal year established under subsection (a) and the19

energy management requirement established under sub-20

July 27, 2005

27


section (b), any Federal building or collection of Federal1

buildings, if the head of the agency finds that—2

‘‘(i) compliance with those requirements would3

be impracticable;4

‘‘(ii) the agency has completed and submitted5

all federally required energy management reports;6

‘‘(iii) the agency has achieved compliance with7

the energy efficiency requirements of this Act, the8

Energy Policy Act of 1992, Executive orders, and9

other Federal law; and10

‘‘(iv) the agency has implemented all prac-11

ticable, life cycle cost-effective projects with respect12

to the Federal building or collection of Federal13

buildings to be excluded.14

‘‘(B) A finding of impracticability under subpara-15

graph (A)(i) shall be based on—16

‘‘(i) the energy intensiveness of activities car-17

ried out in the Federal building or collection of Fed-18

eral buildings; or19

July 27, 2005

28


‘‘(ii) the fact that the Federal building or col-1

lection of Federal buildings is used in the perform-2

ance of a national security function.’’.3

(d) REVIEW BY SECRETARY.—Section 543(c)(2) of4

the National Energy Conservation Policy Act (42 U.S.C.5

8253(c)(2)) is amended—6

(1) by striking ‘‘impracticability standards’’ and7

inserting ‘‘standards for exclusion’’;8

(2) by striking ‘‘a finding of impracticability’’9

and inserting ‘‘the exclusion’’; and10

(3) by striking ‘‘energy consumption require-11

ments’’ and inserting ‘‘requirements of subsections12

(a) and (b)(1)’’.13

(e) CRITERIA.—Section 543(c) of the National En-14

ergy Conservation Policy Act (42 U.S.C. 8253(c)) is fur-15

ther amended by adding at the end the following:16

‘‘(3) Not later than 180 days after the date of enact-17

ment of this paragraph, the Secretary shall issue guide-18

lines that establish criteria for exclusions under paragraph19

(1).’’.20

July 27, 2005

29


(f) RETENTION OF ENERGY AND WATER SAVINGS.—1

Section 546 of the National Energy Conservation Policy2

Act (42 U.S.C. 8256) is amended by adding at the end3

the following new subsection:4

‘‘(e) RETENTION OF ENERGY AND WATER SAV-5

INGS.—An agency may retain any funds appropriated to6

that agency for energy expenditures, water expenditures,7

or wastewater treatment expenditures, at buildings subject8

to the requirements of section 543(a) and (b), that are9

not made because of energy savings or water savings. Ex-10

cept as otherwise provided by law, such funds may be used11

only for energy efficiency, water conservation, or uncon-12

ventional and renewable energy resources projects. Such13

projects shall be subject to the requirements of section14

3307 of title 40, United States Code.’’.15

(g) REPORTS.—Section 548(b) of the National En-16

ergy Conservation Policy Act (42 U.S.C. 8258(b)) is17

amended—18

(1) in the subsection heading, by inserting19

‘‘THE PRESIDENT AND’’ before ‘‘CONGRESS’’; and20

July 27, 2005

30


(2) by inserting ‘‘President and’’ before ‘‘Con-1

gress’’.2

(h) CONFORMING AMENDMENT.—Section 550(d) of3

the National Energy Conservation Policy Act (42 U.S.C.4

8258b(d)) is amended in the second sentence by striking5

‘‘the 20 percent reduction goal established under section6

543(a) of the National Energy Conservation Policy Act7

(42 U.S.C. 8253(a)).’’ and inserting ‘‘each of the energy8

reduction goals established under section 543(a).’’.9

SEC. 103. ENERGY USE MEASUREMENT AND ACCOUNT-10

ABILITY.11

Section 543 of the National Energy Conservation12

Policy Act (42 U.S.C. 8253) is further amended by adding13

at the end the following:14

‘‘(e) METERING OF ENERGY USE.—15

‘‘(1) DEADLINE.—By October 1, 2012, in ac-16

cordance with guidelines established by the Sec-17

retary under paragraph (2), all Federal buildings18

shall, for the purposes of efficient use of energy and19

reduction in the cost of electricity used in such20

buildings, be metered. Each agency shall use, to the21July 27, 2005

31


maximum extent practicable, advanced meters or ad-1

vanced metering devices that provide data at least2

daily and that measure at least hourly consumption3

of electricity in the Federal buildings of the agency.4

Such data shall be incorporated into existing Federal5

energy tracking systems and made available to Fed-6

eral facility managers.7

‘‘(2) GUIDELINES.—8

‘‘(A) IN GENERAL.—Not later than 1809

days after the date of enactment of this sub-10

section, the Secretary, in consultation with the11

Department of Defense, the General Services12

Administration, representatives from the meter-13

ing industry, utility industry, energy services in-14

dustry, energy efficiency industry, energy effi-15

ciency advocacy organizations, national labora-16

tories, universities, and Federal facility man-17

agers, shall establish guidelines for agencies to18

carry out paragraph (1).19

‘‘(B) REQUIREMENTS FOR GUIDELINES.—20

The guidelines shall—21July 27, 2005

32


‘‘(i) take into consideration—1

‘‘(I) the cost of metering and the2

reduced cost of operation and mainte-3

nance expected to result from meter-4

ing;5

‘‘(II) the extent to which meter-6

ing is expected to result in increased7

potential for energy management, in-8

creased potential for energy savings9

and energy efficiency improvement,10

and cost and energy savings due to11

utility contract aggregation; and12

‘‘(III) the measurement and13

verification protocols of the Depart-14

ment of Energy;15

‘‘(ii) include recommendations con-16

cerning the amount of funds and the num-17

ber of trained personnel necessary to gath-18

er and use the metering information to19

track and reduce energy use;20

July 27, 2005

33


‘‘(iii) establish priorities for types and1

locations of buildings to be metered based2

on cost-effectiveness and a schedule of 1 or3

more dates, not later than 1 year after the4

date of issuance of the guidelines, on which5

the requirements specified in paragraph6

(1) shall take effect; and7

‘‘(iv) establish exclusions from the re-8

quirements specified in paragraph (1)9

based on the de minimis quantity of energy10

use of a Federal building, industrial proc-11

ess, or structure.12

‘‘(3) PLAN.—Not later than 6 months after the13

date guidelines are established under paragraph (2),14

in a report submitted by the agency under section15

548(a), each agency shall submit to the Secretary a16

plan describing how the agency will implement the17

requirements of paragraph (1), including (A) how18

the agency will designate personnel primarily respon-19

sible for achieving the requirements and (B) dem-20

onstration by the agency, complete with documenta-21July 27, 2005

34


tion, of any finding that advanced meters or ad-1

vanced metering devices, as defined in paragraph2

(1), are not practicable.’’.3

SEC. 104. PROCUREMENT OF ENERGY EFFICIENT PROD-4

UCTS.5

(a) REQUIREMENTS.—Part 3 of title V of the Na-6

tional Energy Conservation Policy Act (42 U.S.C. 82517

et seq.), as amended by section 101, is amended by adding8

at the end the following:9

‘‘SEC. 553. FEDERAL PROCUREMENT OF ENERGY EFFI-10

CIENT PRODUCTS.11

‘‘(a) DEFINITIONS.—In this section:12

‘‘(1) AGENCY.—The term ‘agency’ has the13

meaning given that term in section 7902(a) of title14

5, United States Code.15

‘‘(2) ENERGY STAR PRODUCT.—The term ‘En-16

ergy Star product’ means a product that is rated for17

energy efficiency under an Energy Star program.18

‘‘(3) ENERGY STAR PROGRAM.—The term ‘En-19

ergy Star program’ means the program established20

July 27, 2005

35


by section 324A of the Energy Policy and Conserva-1

tion Act.2

‘‘(4) FEMP DESIGNATED PRODUCT.—The term3

‘FEMP designated product’ means a product that is4

designated under the Federal Energy Management5

Program of the Department of Energy as being6

among the highest 25 percent of equivalent products7

for energy efficiency.8

‘‘(5) PRODUCT.—The term ‘product’ does not9

include any energy consuming product or system de-10

signed or procured for combat or combat-related11

missions.12

‘‘(b) PROCUREMENT OF ENERGY EFFICIENT PROD-13

UCTS.—14

‘‘(1) REQUIREMENT.—To meet the require-15

ments of an agency for an energy consuming prod-16

uct, the head of the agency shall, except as provided17

in paragraph (2), procure—18

‘‘(A) an Energy Star product; or19

‘‘(B) a FEMP designated product.20

July 27, 2005

36


‘‘(2) EXCEPTIONS.—The head of an agency is1

not required to procure an Energy Star product or2

FEMP designated product under paragraph (1) if3

the head of the agency finds in writing that—4

‘‘(A) an Energy Star product or FEMP5

designated product is not cost-effective over the6

life of the product taking energy cost savings7

into account; or8

‘‘(B) no Energy Star product or FEMP9

designated product is reasonably available that10

meets the functional requirements of the agen-11

cy.12

‘‘(3) PROCUREMENT PLANNING.—The head of13

an agency shall incorporate into the specifications14

for all procurements involving energy consuming15

products and systems, including guide specifications,16

project specifications, and construction, renovation,17

and services contracts that include provision of en-18

ergy consuming products and systems, and into the19

factors for the evaluation of offers received for the20

procurement, criteria for energy efficiency that are21July 27, 2005

37


consistent with the criteria used for rating Energy1

Star products and for rating FEMP designated2

products.3

‘‘(c) LISTING OF ENERGY EFFICIENT PRODUCTS IN4

FEDERAL CATALOGS.—Energy Star products and FEMP5

designated products shall be clearly identified and promi-6

nently displayed in any inventory or listing of products7

by the General Services Administration or the Defense Lo-8

gistics Agency. The General Services Administration or9

the Defense Logistics Agency shall supply only Energy10

Star products or FEMP designated products for all prod-11

uct categories covered by the Energy Star program or the12

Federal Energy Management Program, except in cases13

where the agency ordering a product specifies in writing14

that no Energy Star product or FEMP designated product15

is available to meet the buyer’s functional requirements,16

or that no Energy Star product or FEMP designated17

product is cost-effective for the intended application over18

the life of the product, taking energy cost savings into ac-19

count.20

July 27, 2005

38


‘‘(d) SPECIFIC PRODUCTS.—(1) In the case of elec-1

tric motors of 1 to 500 horsepower, agencies shall select2

only premium efficient motors that meet a standard des-3

ignated by the Secretary. The Secretary shall designate4

such a standard not later than 120 days after the date5

of the enactment of this section, after considering the rec-6

ommendations of associated electric motor manufacturers7

and energy efficiency groups.8

‘‘(2) All Federal agencies are encouraged to take ac-9

tions to maximize the efficiency of air conditioning and10

refrigeration equipment, including appropriate cleaning11

and maintenance, including the use of any system treat-12

ment or additive that will reduce the electricity consumed13

by air conditioning and refrigeration equipment. Any such14

treatment or additive must be—15

‘‘(A) determined by the Secretary to be effective16

in increasing the efficiency of air conditioning and17

refrigeration equipment without having an adverse18

impact on air conditioning performance (including19

cooling capacity) or equipment useful life;20

July 27, 2005

39


‘‘(B) determined by the Administrator of the1

Environmental Protection Agency to be environ-2

mentally safe; and3

‘‘(C) shown to increase seasonal energy effi-4

ciency ratio (SEER) or energy efficiency ratio5

(EER) when tested by the National Institute of6

Standards and Technology according to Department7

of Energy test procedures without causing any ad-8

verse impact on the system, system components, the9

refrigerant or lubricant, or other materials in the10

system.11

Results of testing described in subparagraph (C)12

shall be published in the Federal Register for public13

review and comment. For purposes of this section, a14

hardware device or primary refrigerant shall not be15

considered an additive.16

‘‘(e) REGULATIONS.—Not later than 180 days after17

the date of the enactment of this section, the Secretary18

shall issue guidelines to carry out this section.’’.19

(b) CONFORMING AMENDMENT.—The table of con-20

tents of the National Energy Conservation Policy Act is21July 27, 2005

40


further amended by inserting after the item relating to1

section 552 the following new item:2

‘‘Sec. 553. Federal procurement of energy efficient products.’’.

SEC. 105. ENERGY SAVINGS PERFORMANCE CONTRACTS.3

(a) EXTENSION.—Section 801(c) of the National En-4

ergy Conservation Policy Act (42 U.S.C. 8287(c)) is5

amended by striking ‘‘2006’’ and inserting ‘‘2016’’.6

(b) EXTENSION OF AUTHORITY.—Any energy sav-7

ings performance contract entered into under section 8018

of the National Energy Conservation Policy Act (429

U.S.C. 8287) after October 1, 2003, and before the date10

of enactment of this Act, shall be considered to have been11

entered into under that section.12

SEC. 106. VOLUNTARY COMMITMENTS TO REDUCE INDUS-13

TRIAL ENERGY INTENSITY.14

(a) DEFINITION OF ENERGY INTENSITY.—In this15

section, the term ‘‘energy intensity’’ means the primary16

energy consumed for each unit of physical output in an17

industrial process.18

(b) VOLUNTARY AGREEMENTS.—The Secretary may19

enter into voluntary agreements with 1 or more persons20July 27, 2005

41


in industrial sectors that consume significant quantities1

of primary energy for each unit of physical output to re-2

duce the energy intensity of the production activities of3

the persons.4

(c) GOAL.—Voluntary agreements under this section5

shall have as a goal the reduction of energy intensity by6

not less than 2.5 percent each year during the period of7

calendar years 2007 through 2016.8

(d) RECOGNITION.—The Secretary, in cooperation9

with other appropriate Federal agencies, shall develop10

mechanisms to recognize and publicize the achievements11

of participants in voluntary agreements under this section.12

(e) TECHNICAL ASSISTANCE.—A person that enters13

into an agreement under this section and continues to14

make a good faith effort to achieve the energy efficiency15

goals specified in the agreement shall be eligible to receive16

from the Secretary a grant or technical assistance, as ap-17

propriate, to assist in the achievement of those goals.18

(f) REPORT.—Not later than each of June 30, 2012,19

and June 30, 2017, the Secretary shall submit to Con-20

gress a report that—21July 27, 2005

42


(1) evaluates the success of the voluntary agree-1

ments under this section; and2

(2) provides independent verification of a sam-3

ple of the energy savings estimates provided by par-4

ticipating firms.5

SEC. 107. ADVANCED BUILDING EFFICIENCY TESTBED.6

(a) ESTABLISHMENT.—The Secretary, in consulta-7

tion with the Administrator of General Services, shall es-8

tablish an Advanced Building Efficiency Testbed program9

for the development, testing, and demonstration of ad-10

vanced engineering systems, components, and materials to11

enable innovations in building technologies. The program12

shall evaluate efficiency concepts for government and in-13

dustry buildings, and demonstrate the ability of next gen-14

eration buildings to support individual and organizational15

productivity and health (including by improving indoor air16

quality) as well as flexibility and technological change to17

improve environmental sustainability. Such program shall18

complement and not duplicate existing national programs.19

(b) PARTICIPANTS.—The program established under20

subsection (a) shall be led by a university with the ability21July 27, 2005

43


to combine the expertise from numerous academic fields1

including, at a minimum, intelligent workplaces and ad-2

vanced building systems and engineering, electrical and3

computer engineering, computer science, architecture,4

urban design, and environmental and mechanical engi-5

neering. Such university shall partner with other univer-6

sities and entities who have established programs and the7

capability of advancing innovative building efficiency tech-8

nologies.9

(c) AUTHORIZATION OF APPROPRIATIONS.—There10

are authorized to be appropriated to the Secretary to carry11

out this section $6,000,000 for each of the fiscal years12

2006 through 2008, to remain available until expended.13

For any fiscal year in which funds are expended under14

this section, the Secretary shall provide 1⁄3 of the total15

amount to the lead university described in subsection (b),16

and provide the remaining 2⁄3 to the other participants re-17

ferred to in subsection (b) on an equal basis.18

July 27, 2005

44


SEC. 108. INCREASED USE OF RECOVERED MINERAL COM-1

PONENT IN FEDERALLY FUNDED PROJECTS2

INVOLVING PROCUREMENT OF CEMENT OR3

CONCRETE.4

(a) AMENDMENT.—Subtitle F of the Solid Waste5

Disposal Act (42 U.S.C. 6961 et seq.) is amended by add-6

ing at the end the following:7

‘‘INCREASED USE OF RECOVERED MINERAL COMPONENT8

IN FEDERALLY FUNDED PROJECTS INVOLVING PRO-9

CUREMENT OF CEMENT OR CONCRETE10

‘‘SEC. 6005. (a) DEFINITIONS.—In this section:11

‘‘(1) AGENCY HEAD.—The term ‘agency head’12

means—13

‘‘(A) the Secretary of Transportation; and14

‘‘(B) the head of any other Federal agency15

that, on a regular basis, procures, or provides16

Federal funds to pay or assist in paying the17

cost of procuring, material for cement or con-18

crete projects.19

‘‘(2) CEMENT OR CONCRETE PROJECT.—The20

term ‘cement or concrete project’ means a project21

July 27, 2005

45


for the construction or maintenance of a highway or1

other transportation facility or a Federal, State, or2

local government building or other public facility3

that—4

‘‘(A) involves the procurement of cement5

or concrete; and6

‘‘(B) is carried out, in whole or in part,7

using Federal funds.8

‘‘(3) RECOVERED MINERAL COMPONENT.—The9

term ‘recovered mineral component’ means—10

‘‘(A) ground granulated blast furnace slag,11

excluding lead slag;12

‘‘(B) coal combustion fly ash; and13

‘‘(C) any other waste material or byprod-14

uct recovered or diverted from solid waste that15

the Administrator, in consultation with an16

agency head, determines should be treated as17

recovered mineral component under this section18

for use in cement or concrete projects paid for,19

in whole or in part, by the agency head.20

‘‘(b) IMPLEMENTATION OF REQUIREMENTS.—21July 27, 2005

46


‘‘(1) IN GENERAL.—Not later than 1 year after1

the date of enactment of this section, the Adminis-2

trator and each agency head shall take such actions3

as are necessary to implement fully all procurement4

requirements and incentives in effect as of the date5

of enactment of this section (including guidelines6

under section 6002) that provide for the use of ce-7

ment and concrete incorporating recovered mineral8

component in cement or concrete projects.9

‘‘(2) PRIORITY.—In carrying out paragraph (1),10

an agency head shall give priority to achieving great-11

er use of recovered mineral component in cement or12

concrete projects for which recovered mineral compo-13

nents historically have not been used or have been14

used only minimally.15

‘‘(3) FEDERAL PROCUREMENT REQUIRE-16

MENTS.—The Administrator and each agency head17

shall carry out this subsection in accordance with18

section 6002.19

‘‘(c) FULL IMPLEMENTATION STUDY.—20

July 27, 2005

47


‘‘(1) IN GENERAL.—The Administrator, in co-1

operation with the Secretary of Transportation and2

the Secretary of Energy, shall conduct a study to de-3

termine the extent to which procurement require-4

ments, when fully implemented in accordance with5

subsection (b), may realize energy savings and envi-6

ronmental benefits attainable with substitution of re-7

covered mineral component in cement used in ce-8

ment or concrete projects.9

‘‘(2) MATTERS TO BE ADDRESSED.—The study10

shall—11

‘‘(A) quantify—12

‘‘(i) the extent to which recovered13

mineral components are being substituted14

for Portland cement, particularly as a re-15

sult of procurement requirements; and16

‘‘(ii) the energy savings and environ-17

mental benefits associated with the substi-18

tution;19

‘‘(B) identify all barriers in procurement20

requirements to greater realization of energy21July 27, 2005

48


savings and environmental benefits, including1

barriers resulting from exceptions from the law;2

and3

‘‘(C)(i) identify potential mechanisms to4

achieve greater substitution of recovered min-5

eral component in types of cement or concrete6

projects for which recovered mineral compo-7

nents historically have not been used or have8

been used only minimally;9

‘‘(ii) evaluate the feasibility of establishing10

guidelines or standards for optimized substi-11

tution rates of recovered mineral component in12

those cement or concrete projects; and13

‘‘(iii) identify any potential environmental14

or economic effects that may result from great-15

er substitution of recovered mineral component16

in those cement or concrete projects.17

‘‘(3) REPORT.—Not later than 30 months after18

the date of enactment of this section, the Adminis-19

trator shall submit to Congress a report on the20

study.21July 27, 2005

49


‘‘(d) ADDITIONAL PROCUREMENT REQUIREMENTS.—1

Unless the study conducted under subsection (c) identifies2

any effects or other problems described in subsection3

(c)(2)(C)(iii) that warrant further review or delay, the Ad-4

ministrator and each agency head shall, not later than 15

year after the date on which the report under subsection6

(c)(3) is submitted, take additional actions under this Act7

to establish procurement requirements and incentives that8

provide for the use of cement and concrete with increased9

substitution of recovered mineral component in the con-10

struction and maintenance of cement or concrete11

projects—12

‘‘(1) to realize more fully the energy savings13

and environmental benefits associated with increased14

substitution; and15

‘‘(2) to eliminate barriers identified under sub-16

section (c)(2)(B).17

‘‘(e) EFFECT OF SECTION.—Nothing in this section18

affects the requirements of section 6002 (including the19

guidelines and specifications for implementing those re-20

quirements).’’.21July 27, 2005

50


(b) CONFORMING AMENDMENT.—The table of con-1

tents of the Solid Waste Disposal Act is amended by add-2

ing after the item relating to section 6004 the following:3

‘‘Sec. 6005. Increased use of recovered mineral component in federally fundedprojects involving procurement of cement or concrete.’’.

SEC. 109. FEDERAL BUILDING PERFORMANCE STANDARDS.4

Section 305(a) of the Energy Conservation and Pro-5

duction Act (42 U.S.C. 6834(a)) is amended—6

(1) in paragraph (2)(A), by striking ‘‘CABO7

Model Energy Code, 1992 (in the case of residential8

buildings) or ASHRAE Standard 90.1–1989’’ and9

inserting ‘‘the 2004 International Energy Conserva-10

tion Code (in the case of residential buildings) or11

ASHRAE Standard 90.1–2004’’; and12

(2) by adding at the end the following:13

‘‘(3)(A) Not later than 1 year after the date of enact-14

ment of this paragraph, the Secretary shall establish, by15

rule, revised Federal building energy efficiency perform-16

ance standards that require that—17

‘‘(i) if life-cycle cost-effective for new Federal18

buildings—19

July 27, 2005

51


‘‘(I) the buildings be designed to achieve1

energy consumption levels that are at least 302

percent below the levels established in the3

version of the ASHRAE Standard or the Inter-4

national Energy Conservation Code, as appro-5

priate, that is in effect as of the date of enact-6

ment of this paragraph; and7

‘‘(II) sustainable design principles are ap-8

plied to the siting, design, and construction of9

all new and replacement buildings; and10

‘‘(ii) if water is used to achieve energy effi-11

ciency, water conservation technologies shall be ap-12

plied to the extent that the technologies are life-cycle13

cost-effective.14

‘‘(iii) Not later than 1 year after the date of approval15

of each subsequent revision of the ASHRAE Standard or16

the International Energy Conservation Code, as appro-17

priate, the Secretary shall determine, based on the cost-18

effectiveness of the requirements under the amendment,19

whether the revised standards established under this para-20

graph should be updated to reflect the amendment.21July 27, 2005

52


‘‘(iv) In the budget request of the Federal agency for1

each fiscal year and each report submitted by the Federal2

agency under section 548(a) of the National Energy Con-3

servation Policy Act (42 U.S.C. 8258(a)), the head of each4

Federal agency shall include—5

‘‘(v) a list of all new Federal buildings owned,6

operated, or controlled by the Federal agency; and7

‘‘(vi) a statement specifying whether the Fed-8

eral buildings meet or exceed the revised standards9

established under this paragraph.’’.10

SEC. 110. DAYLIGHT SAVINGS.11

(a) AMENDMENT.—Section 3(a) of the Uniform Time12

Act of 1966 (15 U.S.C. 260a(a)) is amended—13

(1) by striking ‘‘first Sunday of April’’ and in-14

serting ‘‘second Sunday of March’’; and15

(2) by striking ‘‘last Sunday of October’’ and16

inserting ‘‘first Sunday of November’’.17

(b) EFFECTIVE DATE.—Subsection (a) shall take ef-18

fect 1 year after the date of enactment of this Act or19

March 1, 2007, whichever is later.20

July 27, 2005

53


(c) REPORT TO CONGRESS.—Not later than 91

months after the effective date stated in subsection (b),2

the Secretary shall report to Congress on the impact of3

this section on energy consumption in the United States.4

(d) RIGHT TO REVERT.—Congress retains the right5

to revert the Daylight Saving Time back to the 2005 time6

schedules once the Department study is complete.7

SEC. 111. ENHANCING ENERGY EFFICIENCY IN MANAGE-8

MENT OF FEDERAL LANDS.9

(a) SENSE OF THE CONGRESS.—It is the sense of the10

Congress that Federal agencies should enhance the use of11

energy efficient technologies in the management of natural12

resources.13

(b) ENERGY EFFICIENT BUILDINGS.—To the extent14

practicable, the Secretary of the Interior, the Secretary15

of Commerce, and the Secretary of Agriculture shall seek16

to incorporate energy efficient technologies in public and17

administrative buildings associated with management of18

the National Park System, National Wildlife Refuge Sys-19

tem, National Forest System, National Marine Sanc-20

July 27, 2005

54


tuaries System, and other public lands and resources man-1

aged by the Secretaries.2

(c) ENERGY EFFICIENT VEHICLES.—To the extent3

practicable, the Secretary of the Interior, the Secretary4

of Commerce, and the Secretary of Agriculture shall seek5

to use energy efficient motor vehicles, including vehicles6

equipped with biodiesel or hybrid engine technologies, in7

the management of the National Park System, National8

Wildlife Refuge System, National Forest System, National9

Marine Sanctuaries System, and other public lands and10

resources managed by the Secretaries.11

Subtitle B—Energy Assistance and12State Programs13

SEC. 121. LOW INCOME HOME ENERGY ASSISTANCE PRO-14

GRAM.15

(a) AUTHORIZATION OF APPROPRIATIONS.—Section16

2602(b) of the Low-Income Home Energy Assistance Act17

of 1981 (42 U.S.C. 8621(b)) is amended by striking ‘‘and18

$2,000,000,000 for each of fiscal years 2002 through19

2004’’ and inserting ‘‘and $5,100,000,000 for each of fis-20

cal years 2005 through 2007’’.21July 27, 2005

55


(b) RENEWABLE FUELS.—The Low-Income Home1

Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.)2

is amended by adding at the end the following new section:3

‘‘RENEWABLE FUELS4

‘‘SEC. 2612. In providing assistance pursuant to this5

title, a State, or any other person with which the State6

makes arrangements to carry out the purposes of this title,7

may purchase renewable fuels, including biomass.’’.8

(c) REPORT TO CONGRESS.—The Secretary shall re-9

port to Congress on the use of renewable fuels in providing10

assistance under the Low-Income Home Energy Assist-11

ance Act of 1981 (42 U.S.C. 8621 et seq.).12

SEC. 122. WEATHERIZATION ASSISTANCE.13

(a) AUTHORIZATION OF APPROPRIATIONS.—Section14

422 of the Energy Conservation and Production Act (4215

U.S.C. 6872) is amended by striking ‘‘for fiscal years16

1999 through 2003 such sums as may be necessary’’ and17

inserting ‘‘$500,000,000 for fiscal year 2006,18

$600,000,000 for fiscal year 2007, and $700,000,000 for19

fiscal year 2008’’.20

July 27, 2005

56


(b) ELIGIBILITY.—Section 412(7) of the Energy1

Conservation and Production Act (42 U.S.C. 6862(7)) is2

amended by striking ‘‘125 percent’’ both places it appears3

and inserting ‘‘150 percent’’.4

SEC. 123. STATE ENERGY PROGRAMS.5

(a) STATE ENERGY CONSERVATION PLANS.—Section6

362 of the Energy Policy and Conservation Act (42 U.S.C.7

6322) is amended by inserting at the end the following8

new subsection:9

‘‘(g) The Secretary shall, at least once every 3 years,10

invite the Governor of each State to review and, if nec-11

essary, revise the energy conservation plan of such State12

submitted under subsection (b) or (e). Such reviews should13

consider the energy conservation plans of other States14

within the region, and identify opportunities and actions15

carried out in pursuit of common energy conservation16

goals.’’.17

(b) STATE ENERGY EFFICIENCY GOALS.—Section18

364 of the Energy Policy and Conservation Act (42 U.S.C.19

6324) is amended to read as follows:20

July 27, 2005

57


‘‘STATE ENERGY EFFICIENCY GOALS1

‘‘SEC. 364. Each State energy conservation plan with2

respect to which assistance is made available under this3

part on or after the date of enactment of the Energy Pol-4

icy Act of 2005 shall contain a goal, consisting of an im-5

provement of 25 percent or more in the efficiency of use6

of energy in the State concerned in calendar year 20127

as compared to calendar year 1990, and may contain in-8

terim goals.’’.9

(c) AUTHORIZATION OF APPROPRIATIONS.—Section10

365(f) of the Energy Policy and Conservation Act (4211

U.S.C. 6325(f)) is amended by striking ‘‘for fiscal years12

1999 through 2003 such sums as may be necessary’’ and13

inserting ‘‘$100,000,000 for each of the fiscal years 200614

and 2007 and $125,000,000 for fiscal year 2008’’.15

SEC. 124. ENERGY EFFICIENT APPLIANCE REBATE PRO-16

GRAMS.17

(a) DEFINITIONS.—In this section:18

(1) ELIGIBLE STATE.—The term ‘‘eligible19

State’’ means a State that meets the requirements20

of subsection (b).21July 27, 2005

58


(2) ENERGY STAR PROGRAM.—The term ‘‘En-1

ergy Star program’’ means the program established2

by section 324A of the Energy Policy and Conserva-3

tion Act.4

(3) RESIDENTIAL ENERGY STAR PRODUCT.—5

The term ‘‘residential Energy Star product’’ means6

a product for a residence that is rated for energy ef-7

ficiency under the Energy Star program.8

(4) STATE ENERGY OFFICE.—The term ‘‘State9

energy office’’ means the State agency responsible10

for developing State energy conservation plans under11

section 362 of the Energy Policy and Conservation12

Act (42 U.S.C. 6322).13

(5) STATE PROGRAM.—The term ‘‘State pro-14

gram’’ means a State energy efficient appliance re-15

bate program described in subsection (b)(1).16

(b) ELIGIBLE STATES.—A State shall be eligible to17

receive an allocation under subsection (c) if the State—18

(1) establishes (or has established) a State en-19

ergy efficient appliance rebate program to provide20

rebates to residential consumers for the purchase of21July 27, 2005

59


residential Energy Star products to replace used ap-1

pliances of the same type;2

(2) submits an application for the allocation at3

such time, in such form, and containing such infor-4

mation as the Secretary may require; and5

(3) provides assurances satisfactory to the Sec-6

retary that the State will use the allocation to sup-7

plement, but not supplant, funds made available to8

carry out the State program.9

(c) AMOUNT OF ALLOCATIONS.—10

(1) IN GENERAL.—Subject to paragraph (2),11

for each fiscal year, the Secretary shall allocate to12

the State energy office of each eligible State to carry13

out subsection (d) an amount equal to the product14

obtained by multiplying the amount made available15

under subsection (f) for the fiscal year by the ratio16

that the population of the State in the most recent17

calendar year for which data are available bears to18

the total population of all eligible States in that cal-19

endar year.20

July 27, 2005

60


(2) MINIMUM ALLOCATIONS.—For each fiscal1

year, the amounts allocated under this subsection2

shall be adjusted proportionately so that no eligible3

State is allocated a sum that is less than an amount4

determined by the Secretary.5

(d) USE OF ALLOCATED FUNDS.—The allocation to6

a State energy office under subsection (c) may be used7

to pay up to 50 percent of the cost of establishing and8

carrying out a State program.9

(e) ISSUANCE OF REBATES.—Rebates may be pro-10

vided to residential consumers that meet the requirements11

of the State program. The amount of a rebate shall be12

determined by the State energy office, taking into13

consideration—14

(1) the amount of the allocation to the State15

energy office under subsection (c);16

(2) the amount of any Federal or State tax in-17

centive available for the purchase of the residential18

Energy Star product; and19

(3) the difference between the cost of the resi-20

dential Energy Star product and the cost of an ap-21July 27, 2005

61


pliance that is not a residential Energy Star prod-1

uct, but is of the same type as, and is the nearest2

capacity, performance, and other relevant character-3

istics (as determined by the State energy office) to,4

the residential Energy Star product.5

(f) AUTHORIZATION OF APPROPRIATIONS.—There6

are authorized to be appropriated to the Secretary to carry7

out this section $50,000,000 for each of the fiscal years8

2006 through 2010.9

SEC. 125. ENERGY EFFICIENT PUBLIC BUILDINGS.10

(a) GRANTS.—The Secretary may make grants to the11

State agency responsible for developing State energy con-12

servation plans under section 362 of the Energy Policy13

and Conservation Act (42 U.S.C. 6322), or, if no such14

agency exists, a State agency designated by the Governor15

of the State, to assist units of local government in the16

State in improving the energy efficiency of public buildings17

and facilities—18

(1) through construction of new energy efficient19

public buildings that use at least 30 percent less en-20

ergy than a comparable public building constructed21July 27, 2005

62


in compliance with standards prescribed in the most1

recent version of the International Energy Conserva-2

tion Code, or a similar State code intended to3

achieve substantially equivalent efficiency levels; or4

(2) through renovation of existing public build-5

ings to achieve reductions in energy use of at least6

30 percent as compared to the baseline energy use7

in such buildings prior to renovation, assuming a 3-8

year, weather-normalized average for calculating9

such baseline.10

(b) ADMINISTRATION.—State energy offices receiving11

grants under this section shall—12

(1) maintain such records and evidence of com-13

pliance as the Secretary may require; and14

(2) develop and distribute information and ma-15

terials and conduct programs to provide technical16

services and assistance to encourage planning, fi-17

nancing, and design of energy efficient public build-18

ings by units of local government.19

(c) AUTHORIZATION OF APPROPRIATIONS.—For the20

purposes of this section, there are authorized to be appro-21July 27, 2005

63


priated to the Secretary $30,000,000 for each of fiscal1

years 2006 through 2010. Not more than 10 percent of2

appropriated funds shall be used for administration.3

SEC. 126. LOW INCOME COMMUNITY ENERGY EFFICIENCY4

PILOT PROGRAM.5

(a) GRANTS.—The Secretary is authorized to make6

grants to units of local government, private, non-profit7

community development organizations, and Indian tribe8

economic development entities to improve energy effi-9

ciency; identify and develop alternative, renewable, and10

distributed energy supplies; and increase energy conserva-11

tion in low income rural and urban communities.12

(b) PURPOSE OF GRANTS.—The Secretary may make13

grants on a competitive basis for—14

(1) investments that develop alternative, renew-15

able, and distributed energy supplies;16

(2) energy efficiency projects and energy con-17

servation programs;18

(3) studies and other activities that improve en-19

ergy efficiency in low income rural and urban com-20

munities;21July 27, 2005

64


(4) planning and development assistance for in-1

creasing the energy efficiency of buildings and facili-2

ties; and3

(5) technical and financial assistance to local4

government and private entities on developing new5

renewable and distributed sources of power or com-6

bined heat and power generation.7

(c) DEFINITION.—For purposes of this section, the8

term ‘‘Indian tribe’’ means any Indian tribe, band, nation,9

or other organized group or community, including any10

Alaskan Native village or regional or village corporation11

as defined in or established pursuant to the Alaska Native12

Claims Settlement Act (43 U.S.C. 1601 et seq.), that is13

recognized as eligible for the special programs and services14

provided by the United States to Indians because of their15

status as Indians.16

(d) AUTHORIZATION OF APPROPRIATIONS.—For the17

purposes of this section there are authorized to be appro-18

priated to the Secretary $20,000,000 for each of fiscal19

years 2006 through 2008.20

July 27, 2005

65


SEC. 127. STATE TECHNOLOGIES ADVANCEMENT COLLABO-1

RATIVE.2

(a) IN GENERAL.—The Secretary, in cooperation3

with the States, shall establish a cooperative program for4

research, development, demonstration, and deployment of5

technologies in which there is a common Federal and State6

energy efficiency, renewable energy, and fossil energy in-7

terest, to be known as the ‘‘State Technologies Advance-8

ment Collaborative’’ (referred to in this section as the9

‘‘Collaborative’’).10

(b) DUTIES.—The Collaborative shall—11

(1) leverage Federal and State funding through12

cost-shared activity;13

(2) reduce redundancies in Federal and State14

funding; and15

(3) c

Documents

O: END EPAC300.lc (file 1 of 19) S.L.C. - Energy.gov · 2011-07-28 · O:\END\EPAC300.lc (file 1 of 19) S.L.C. 109TH CONGRESS REPORT HOUSE OF REPRESENTATIVES 1st Session SENATE 109–