‘(II) Upon petition by an agency subject to this subparagraph, the Secretary may adjust the applicable numeric requirement under subclause (I) downward with respect to a specific building, if the head of the agency designing the building certifies in writing that meeting such requirement would be technically impracticable in light of the agency’s specified functional needs for that building and the Secretary concurs with the agency’s conclusion. This subclause shall not apply to the General Services Administration.
‘(III) Sustainable design principles shall be applied to the siting, design, and construction of such buildings. Not later than 90 days after the date of enactment of the Energy Independence and Security Act of 2007, the Secretary, after reviewing the findings of the Federal Director under section 436(h) of that Act, in consultation with the Administrator of General Services, and in consultation with the Secretary of Defense for considerations relating to those facilities under the custody and control of the Department of Defense, shall identify a certification system and level for green buildings that the Secretary determines to be the most likely to encourage a comprehensive and environmentally-sound approach to certification of green buildings. The identification of the certification system and level shall be based on a review of the Federal Director’s findings under section 436(h) of the Energy Independence and Security Act of 2007 and the criteria specified in clause (iii), shall identify the highest level the Secretary determines is appropriate above the minimum level required for certification under the system selected, and shall achieve results at least comparable to the system used by and highest level referenced by the General Services Administration as of the date of enactment of the Energy Independence and Security Act of 2007. Within 90 days of the completion of each study required by clause (iv), the Secretary, in consultation with the Administrator of General Services, and in consultation with the Secretary of Defense for considerations relating to those facilities under the custody and control of the Department of Defense, shall review and update the certification system and level, taking into account the conclusions of such study.
‘(I) the ability and availability of assessors and auditors to independently verify the criteria and measurement of metrics at the scale necessary to implement this subparagraph;
‘(II) the ability of the applicable certification organization to collect and reflect public comment;
‘(III) the ability of the standard to be developed and revised through a consensus-based process;
‘(IV) an evaluation of the robustness of the criteria for a high-performance green building, which shall give credit for promoting--
‘(aa) efficient and sustainable use of water, energy, and other natural resources;
‘(bb) use of renewable energy sources;
‘(cc) improved indoor environmental quality through enhanced indoor air quality, thermal comfort, acoustics, day lighting, pollutant source control, and use of low-emission materials and building system controls; and
‘(dd) such other criteria as the Secretary determines to be appropriate; and
SEC. 434. MANAGEMENT OF FEDERAL BUILDING EFFICIENCY.
(a) Large Capital Energy Investments- Section 543 of the National Energy Conservation Policy Act (42 U.S.C. 8253) is amended by adding at the end the following:
‘(1) IN GENERAL- Each Federal agency shall ensure that any large capital energy investment in an existing building that is not a major renovation but involves replacement of installed equipment (such as heating and cooling systems), or involves renovation, rehabilitation, expansion, or remodeling of existing space, employs the most energy efficient designs, systems, equipment, and controls that are life-cycle cost effective.
‘(2) PROCESS FOR REVIEW OF INVESTMENT DECISIONS- Not later than 180 days after the date of enactment of this subsection, each Federal agency shall--
‘(A) develop a process for reviewing each decision made on a large capital energy investment described in paragraph (1) to ensure that the requirements of this subsection are met; and
‘(B) report to the Director of the Office of Management and Budget on the process established.
(b) Metering- Section 543(e)(1) of the National Energy Conservation Policy Act (42 U.S.C. 8253(e)(1)) is amended by inserting after the second sentence the following: ‘Not later than October 1, 2016, each agency shall provide for equivalent metering of natural gas and steam, in accordance with guidelines established by the Secretary under paragraph (2).’.
SEC. 435. LEASING.
(a) In General- Except as provided in subsection (b), effective beginning on the date that is 3 years after the date of enactment of this Act, no Federal agency shall enter into a contract to lease space in a building that has not earned the Energy Star label in the most recent year.
(1) APPLICATION- This subsection applies if--
(A) no space is available in a building described in subsection (a) that meets the functional requirements of an agency, including locational needs;
(B) the agency proposes to remain in a building that the agency has occupied previously;
(C) the agency proposes to lease a building of historical, architectural, or cultural significance (as defined in section 3306(a)(4) of title 40, United States Code) or space in such a building; or
(D) the lease is for not more than 10,000 gross square feet of space.
(2) BUILDINGS WITHOUT ENERGY STAR LABEL- If one of the conditions described in paragraph (2) is met, the agency may enter into a contract to lease space in a building that has not earned the Energy Star label in the most recent year if the lease contract includes provisions requiring that, prior to occupancy or, in the case of a contract described in paragraph (1)(B), not later than 1 year after signing the contract, the space will be renovated for all energy efficiency and conservation improvements that would be cost effective over the life of the lease, including improvements in lighting, windows, and heating, ventilation, and air conditioning systems.
(c) Revision of Federal Acquisition Regulation-
(1) IN GENERAL- Not later than 3 years after the date of the enactment of this Act, the Federal Acquisition Regulation described in section 6(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 405(a)) shall be revised to require Federal officers and employees to comply with this section in leasing buildings.
(2) CONSULTATION- The members of the Federal Acquisition Regulatory Council established under section 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421) shall consult with the Federal Director and the Commercial Director before promulgating regulations to carry out this subsection.
SEC. 436. HIGH-PERFORMANCE GREEN FEDERAL BUILDINGS.
(a) Establishment of Office- Not later than 60 days after the date of enactment of this Act, the Administrator shall establish within the General Services Administration an Office of Federal High-Performance Green Buildings, and appoint an individual to serve as Federal Director in, a position in the career-reserved Senior Executive service, to--
(1) establish and manage the Office of Federal High-Performance Green Buildings; and
(2) carry out other duties as required under this subtitle.
(b) Compensation- The compensation of the Federal Director shall not exceed the maximum rate of basic pay for the Senior Executive Service under section 5382 of title 5, United States Code, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of that title.
(c) Duties- The Federal Director shall--
(1) coordinate the activities of the Office of Federal High-Performance Green Buildings with the activities of the Office of Commercial High-Performance Green Buildings, and the Secretary, in accordance with section 305(a)(3)(D) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D));
(2) ensure full coordination of high-performance green building information and activities within the General Services Administration and all relevant agencies, including, at a minimum--
(A) the Environmental Protection Agency;
(B) the Office of the Federal Environmental Executive;
(C) the Office of Federal Procurement Policy;
(D) the Department of Energy;
(E) the Department of Health and Human Services;
(F) the Department of Defense;
(G) the Department of Transportation;
(H) the National Institute of Standards and Technology; and
(I) the Office of Science and Technology Policy;
(3) establish a senior-level Federal Green Building Advisory Committee under section 474, which shall provide advice and recommendations in accordance with that section and subsection (d);
(4) identify and every 5 years reassess improved or higher rating standards recommended by the Advisory Committee;
(5) ensure full coordination, dissemination of information regarding, and promotion of the results of research and development information relating to Federal high-performance green building initiatives;
(6) identify and develop Federal high-performance green building standards for all types of Federal facilities, consistent with the requirements of this subtitle and section 305(a)(3)(D) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D));
(7) establish green practices that can be used throughout the life of a Federal facility;
(8) review and analyze current Federal budget practices and life-cycle costing issues, and make recommendations to Congress, in accordance with subsection (d); and
(9) identify opportunities to demonstrate innovative and emerging green building technologies and concepts.
(d) Additional Duties- The Federal Director, in consultation with the Commercial Director and the Advisory Committee, and consistent with the requirements of section 305(a)(3)(D) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)) shall--
(1) identify, review, and analyze current budget and contracting practices that affect achievement of high-performance green buildings, including the identification of barriers to high-performance green building life-cycle costing and budgetary issues;
(2) develop guidance and conduct training sessions with budget specialists and contracting personnel from Federal agencies and budget examiners to apply life-cycle cost criteria to actual projects;
(3) identify tools to aid life-cycle cost decisionmaking; and
(4) explore the feasibility of incorporating the benefits of high-performance green buildings, such as security benefits, into a cost-budget analysis to aid in life-cycle costing for budget and decisionmaking processes.
(e) Incentives- Within 90 days after the date of enactment of this Act, the Federal Director shall identify incentives to encourage the expedited use of high-performance green buildings and related technology in the operations of the Federal Government, in accordance with the requirements of section 305(a)(3)(D) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)), including through--
(1) the provision of recognition awards; and
(2) the maximum feasible retention of financial savings in the annual budgets of Federal agencies for use in reinvesting in future high-performance green building initiatives.
(f) Report- Not later than 2 years after the date of enactment of this Act, and biennially thereafter, the Federal Director, in consultation with the Secretary, shall submit to Congress a report that--
(1) describes the status of compliance with this subtitle, the requirements of section 305(a)(3)(D) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)), and other Federal high-performance green building initiatives in effect as of the date of the report, including--
(A) the extent to which the programs are being carried out in accordance with this subtitle and the requirements of section 305(a)(3)(D) of that Act; and
(B) the status of funding requests and appropriations for those programs;
(2) identifies within the planning, budgeting, and construction process all types of Federal facility procedures that may affect the certification of new and existing Federal facilities as high-performance green buildings under the provisions of section 305(a)(3)(D) of that Act and the criteria established in subsection (h);
(3) identifies inconsistencies, as reported to the Advisory Committee, in Federal law with respect to product acquisition guidelines and high-performance product guidelines;
(4) recommends language for uniform standards for use by Federal agencies in environmentally responsible acquisition;
(5) in coordination with the Office of Management and Budget, reviews the budget process for capital programs with respect to alternatives for--
(A) restructuring of budgets to require the use of complete energy and environmental cost accounting;
(B) using operations expenditures in budget-related decisions while simultaneously incorporating productivity and health measures (as those measures can be quantified by the Office of Federal High-Performance Green Buildings, with the assistance of universities and national laboratories);
(C) streamlining measures for permitting Federal agencies to retain all identified savings accrued as a result of the use of life-cycle costing for future high-performance green building initiatives; and
(D) identifying short-term and long-term cost savings that accrue from high-performance green buildings, including those relating to health and productivity;
(6) identifies green, self-sustaining technologies to address the operational needs of Federal facilities in times of national security emergencies, natural disasters, or other dire emergencies;
(7) summarizes and highlights development, at the State and local level, of high-performance green building initiatives, including executive orders, policies, or laws adopted promoting high-performance green building (including the status of implementation of those initiatives); and
(8) includes, for the 2-year period covered by the report, recommendations to address each of the matters, and a plan for implementation of each recommendation, described in paragraphs (1) through (7).
(g) Implementation- The Office of Federal High-Performance Green Buildings shall carry out each plan for implementation of recommendations under subsection (f)(8).
(h) Identification of Certification System-
(1) IN GENERAL- For the purpose of this section, not later than 60 days after the date of enactment of this Act, the Federal Director shall identify and shall provide to the Secretary pursuant to section 305(a)(3)(D) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)), a certification system that the Director determines to be the most likely to encourage a comprehensive and environmentally-sound approach to certification of green buildings.
(2) BASIS- The system identified under paragraph (1) shall be based on--
(A) a study completed every 5 years and provided to the Secretary pursuant to section 305(a)(3)(D) of that Act, which shall be carried out by the Federal Director to compare and evaluate standards;
(B) the ability and availability of assessors and auditors to independently verify the criteria and measurement of metrics at the scale necessary to implement this subtitle;
(C) the ability of the applicable standard-setting organization to collect and reflect public comment;
(D) the ability of the standard to be developed and revised through a consensus-based process;
(E) an evaluation of the robustness of the criteria for a high-performance green building, which shall give credit for promoting--
(i) efficient and sustainable use of water, energy, and other natural resources;
(ii) use of renewable energy sources;
(iii) improved indoor environmental quality through enhanced indoor air quality, thermal comfort, acoustics, day lighting, pollutant source control, and use of low-emission materials and building system controls;
(iv) reduced impacts from transportation through building location and site design that promote access by public transportation; and
(v) such other criteria as the Federal Director determines to be appropriate; and
(F) national recognition within the building industry.
SEC. 437. FEDERAL GREEN BUILDING PERFORMANCE.
(a) In General- Not later than October 31 of each of the 2 fiscal years following the fiscal year in which this Act is enacted, and at such times thereafter as the Comptroller General of the United States determines to be appropriate, the Comptroller General of the United States shall, with respect to the fiscal years that have passed since the preceding report--
(1) conduct an audit of the implementation of this subtitle, section 305(a)(3)(D) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)), and section 435; and
(2) submit to the Federal Director, the Advisory Committee, the Administrator, and Congress a report describing the results of the audit.
(b) Contents- An audit under subsection (a) shall include a review, with respect to the period covered by the report under subsection (a)(2), of--
(1) budget, life-cycle costing, and contracting issues, using best practices identified by the Comptroller General of the United States and heads of other agencies in accordance with section 436(d);
(2) the level of coordination among the Federal Director, the Office of Management and Budget, the Department of Energy, and relevant agencies;
(3) the performance of the Federal Director and other agencies in carrying out the implementation plan;
(4) the design stage of high-performance green building measures;
(5) high-performance building data that were collected and reported to the Office; and
(6) such other matters as the Comptroller General of the United States determines to be appropriate.
(c) Environmental Stewardship Scorecard- The Federal Director shall consult with the Advisory Committee to enhance, and assist in the implementation of, the Office of Management and Budget government efficiency reports and scorecards under section 528 and the Environmental Stewardship Scorecard announced at the White House summit on Federal sustainable buildings in January 2006, to measure the implementation by each Federal agency of sustainable design and green building initiatives.
SEC. 438. STORM WATER RUNOFF REQUIREMENTS FOR FEDERAL DEVELOPMENT PROJECTS.
The sponsor of any development or redevelopment project involving a Federal facility with a footprint that exceeds 5,000 square feet shall use site planning, design, construction, and maintenance strategies for the property to maintain or restore, to the maximum extent technically feasible, the predevelopment hydrology of the property with regard to the temperature, rate, volume, and duration of flow.
SEC. 439. COST-EFFECTIVE TECHNOLOGY ACCELERATION PROGRAM.
(a) Definition of Administrator- In this section, the term ‘Administrator’ means the Administrator of General Services.
(1) IN GENERAL- The Administrator shall establish a program to accelerate the use of more cost-effective technologies and practices at GSA facilities.
(2) REQUIREMENTS- The program established under this subsection shall--
(A) ensure centralized responsibility for the coordination of cost reduction-related recommendations, practices, and activities of all relevant Federal agencies;
(B) provide technical assistance and operational guidance to applicable tenants to achieve the goal identified in subsection (c)(2)(B)(ii);
(C) establish methods to track the success of Federal departments and agencies with respect to that goal; and
(D) be fully coordinated with and no less stringent nor less energy-conserving or water-conserving than required by other provisions of this Act and other applicable law, including sections 321 through 324, 431 through 438, 461, 511 through 518, and 523 through 525 and amendments made by those sections.
(c) Accelerated Use of Technologies-
(A) IN GENERAL- As part of the program under this section, not later than 90 days after the date of enactment of this Act, the Administrator shall conduct a review of--
(i) current use of cost-effective lighting technologies and geothermal heat pumps in GSA facilities; and
(ii) the availability to managers of GSA facilities of cost-effective lighting technologies and geothermal heat pumps.
(B) REQUIREMENTS- The review under subparagraph (A) shall--
(i) examine the use of cost-effective lighting technologies, geothermal heat pumps, and other cost-effective technologies and practices by Federal agencies in GSA facilities; and
(ii) as prepared in consultation with the Administrator of the Environmental Protection Agency, identify cost-effective lighting technology and geothermal heat pump technology standards that could be used for all types of GSA facilities.
(A) IN GENERAL- As part of the program under this section, not later than 180 days after the date of enactment of this Act, the Administrator shall establish, using available appropriations and programs implementing sections 432 and 525 (and amendments made by those sections), a cost-effective lighting technology and geothermal heat pump technology acceleration program to achieve maximum feasible replacement of existing lighting, heating, cooling technologies with cost-effective lighting technologies and geothermal heat pump technologies in each GSA facility. Such program shall fully comply with the requirements of sections 321 through 324, 431 through 438, 461, 511 through 518, and 523 through 525 and amendments made by those sections and any other provisions of law, which shall be applicable to the extent that they are more stringent or would achieve greater energy savings than required by this section.
(B) ACCELERATION PLAN TIMETABLE-
(i) IN GENERAL- To implement the program established under subparagraph (A), not later than 1 year after the date of enactment of this Act, the Administrator shall establish a timetable of actions to comply with the requirements of this section and sections 431 through 435, whichever achieves greater energy savings most expeditiously, including milestones for specific activities needed to replace existing lighting, heating, cooling technologies with cost-effective lighting technologies and geothermal heat pump technologies, to the maximum extent feasible (including at the maximum rate feasible), at each GSA facility.
(ii) GOAL- The goal of the timetable under clause (i) shall be to complete, using available appropriations and programs implementing sections 431 through 435 (and amendments made by those sections), maximum feasible replacement of existing lighting, heating, and cooling technologies with cost-effective lighting technologies and geothermal heat pump technologies consistent with the requirements of this section and sections 431 through 435, whichever achieves greater energy savings most expeditiously. Notwithstanding any provision of this section, such program shall fully comply with the requirements of the Act including sections 321 through 324, 431 through 438, 461, 511 through 518, and 523 through 525 and amendments made by those sections and other provisions of law, which shall be applicable to the extent that they are more stringent or would achieve greater energy or water savings than required by this section.
(d) GSA Facility Technologies and Practices-
(1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Administrator shall--
(A) ensure that a manager responsible for implementing section 432 and for accelerating the use of cost-effective technologies and practices is designated for each GSA facility; and
(B) submit to Congress a plan to comply with section 432, this section, and other applicable provisions of this Act and applicable law with respect to energy and water conservation at GSA facilities.
(2) MEASURES- The plan shall implement measures required by such other provisions of law in accordance with those provisions, and shall implement the measures required by this section to the maximum extent feasible (including at the maximum rate feasible) using available appropriations and programs implementing sections 431 through 435 and 525 (and amendments made by those sections), by not later than the date that is 5 years after the date of enactment of this Act.
(3) CONTENTS OF PLAN- The plan shall--
(A) with respect to cost-effective technologies and practices--
(i) identify the specific activities needed to comply with sections 431 through 435;
(ii) identify the specific activities needed to achieve at least a 20-percent reduction in operational costs through the application of cost-effective technologies and practices from 2003 levels at GSA facilities by not later than 5 years after the date of enactment of this Act;
(iii) describe activities required and carried out to estimate the funds necessary to achieve the reduction described in clauses (i) and (ii);
(B) include an estimate of the funds necessary to carry out this section;
(C) describe the status of the implementation of cost-effective technologies and practices at GSA facilities, including--
(i) the extent to which programs, including the program established under subsection (b), are being carried out in accordance with this subtitle; and
(ii) the status of funding requests and appropriations for those programs;
(D) identify within the planning, budgeting, and construction processes, all types of GSA facility-related procedures that inhibit new and existing GSA facilities from implementing cost-effective technologies;
(E) recommend language for uniform standards for use by Federal agencies in implementing cost-effective technologies and practices;
(F) in coordination with the Office of Management and Budget, review the budget process for capital programs with respect to alternatives for--
(i) implementing measures that will assure that Federal agencies retain all identified savings accrued as a result of the use of cost-effective technologies, consistent with section 543(a)(1) of the National Energy Conservation Policy Act (42 U.S.C. 8253(a)(1), and other applicable law; and
(ii) identifying short- and long-term cost savings that accrue from the use of cost-effective technologies and practices;
(G) with respect to cost-effective technologies and practices, achieve substantial operational cost savings through the application of the technologies; and
(H) include recommendations to address each of the matters, and a plan for implementation of each recommendation, described in subparagraphs (A) through (G).
(4) ADMINISTRATION- Notwithstanding any provision of this section, the program required under this section shall fully comply with the requirements of sections 321 through 324, 431 through 438, 461, 511 through 518, and 523 through 525 and amendments made by those sections, which shall be applicable to the extent that they are more stringent or would achieve greater energy or water savings than required by this section.
(e) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended.
SEC. 440. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out sections 434 through 439 and 482 $4,000,000 for each of fiscal years 2008 through 2012, to remain available until expended.
SEC. 441. PUBLIC BUILDING LIFE-CYCLE COSTS.
Section 544(a)(1) of the National Energy Conservation Policy Act (42 U.S.C. 8254(a)(1)) is amended by striking ‘25’ and inserting ‘40’.
Subtitle D--Industrial Energy Efficiency
SEC. 451. INDUSTRIAL ENERGY EFFICIENCY.
(a) In General- Title III of the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.) is amended by inserting after part D the following:
‘PART E--INDUSTRIAL ENERGY EFFICIENCY
‘SEC. 371. DEFINITIONS.
‘In this part:
‘(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Environmental Protection Agency.
‘(2) COMBINED HEAT AND POWER- The term ‘combined heat and power system’ means a facility that--
‘(A) simultaneously and efficiently produces useful thermal energy and electricity; and
‘(B) recovers not less than 60 percent of the energy value in the fuel (on a higher-heating-value basis) in the form of useful thermal energy and electricity.
‘(A) in the form of direct heat, steam, hot water, or other thermal form that is used in production and beneficial measures for heating, cooling, humidity control, process use, or other valid thermal end-use energy requirements; and
‘(B) for which fuel or electricity would otherwise be consumed.
‘(A) exhaust heat or flared gas from any industrial process;
‘(B) waste gas or industrial tail gas that would otherwise be flared, incinerated, or vented;
‘(C) a pressure drop in any gas, excluding any pressure drop to a condenser that subsequently vents the resulting heat; and
‘(D) such other forms of waste energy as the Administrator may determine.
‘SEC. 372. SURVEY AND REGISTRY.
‘(a) Recoverable Waste Energy Inventory Program-
‘(1) IN GENERAL- The Administrator, in cooperation with the Secretary and State energy offices, shall establish a recoverable waste energy inventory program.
‘(2) SURVEY- The program shall include--
‘(A) an ongoing survey of all major industrial and large commercial combustion sources in the United States (as defined by the Administrator) and the sites at which the sources are located; and
‘(B) a review of each source for the quantity and quality of waste energy produced at the source.
‘(1) IN GENERAL- Not later than 270 days after the date of enactment of the Energy Independence and Security Act of 2007, the Administrator shall publish a rule for establishing criteria for including sites in the Registry.
‘(2) INCLUSIONS- The criteria shall include--
‘(A) a requirement that, to be included in the Registry, a project at the site shall be determined to be economically feasible by virtue of offering a payback of invested costs not later than 5 years after the date of first full project operation (including incentives offered under this part);
‘(B) standards to ensure that projects proposed for inclusion in the Registry are not developed or used for the primary purpose of making sales of excess electric power under the regulatory provisions of this part; and
‘(C) procedures for contesting the listing of any source or site on the Registry by any State, utility, or other interested person.
‘(1) provide to owners or operators of combustion sources technical support; and
‘(2) offer partial funding (in an amount equal to not more than one-half of total costs) for feasibility studies to confirm whether or not investment in recovery of waste energy or combined heat and power at a source would offer a payback period of 5 years or less.
‘(1) ESTABLISHMENT-
‘(A) IN GENERAL- Not later than 1 year after the date of enactment of the Energy Independence and Security Act of 2007, the Administrator shall establish a Registry of Recoverable Waste Energy Sources, and sites on which the sources are located, that meet the criteria established under subsection (b).
‘(B) UPDATES; AVAILABILITY- The Administrator shall--
‘(i) update the Registry on a regular basis; and
‘(ii) make the Registry available to the public on the website of the Environmental Protection Agency.
‘(A) IN GENERAL- The Administrator shall register and include on the Registry all sites meeting the criteria established under subsection (b).
‘(B) QUANTITY OF RECOVERABLE WASTE ENERGY- The Administrator shall--
‘(i) calculate the total quantities of potentially recoverable waste energy from sources at the sites, nationally and by State; and
‘(ii) make public--
‘(I) the total quantities described in clause (i); and
‘(II) information on the criteria pollutant and greenhouse gas emissions savings that might be achieved with recovery of the waste energy from all sources and sites listed on the Registry.
‘(A) IN GENERAL- The Administrator shall notify owners or operators of recoverable waste energy sources and sites listed on the Registry prior to publishing the listing.
‘(B) DETAILED QUANTITATIVE INFORMATION-
‘(i) IN GENERAL- Except as provided in clause (ii), the owner or operator of a source at a site may elect to have detailed quantitative information concerning the site not made public by notifying the Administrator of the election.
‘(ii) LIMITED AVAILABILITY- The information shall be made available to--
‘(I) the applicable State energy office; and
‘(II) any utility requested to support recovery of waste energy from the source pursuant to the incentives provided under section 374.
‘(A) IN GENERAL- Subject to subparagraph (B), as a project achieves successful recovery of waste energy, the Administrator shall--
‘(i) remove the related sites or sources from the Registry; and
‘(ii) designate the removed projects as eligible for incentives under section 374.
‘(i) the owner or operator has submitted a petition under section 374; and
‘(ii) the petition has not been acted on or denied.
‘(A) was developed for the primary purpose of making sales of excess electric power under the regulatory provisions of this part; or
‘(B) does not capture at least 60 percent of the total energy value of the fuels used (on a higher-heating-value basis) in the form of useful thermal energy, electricity, mechanical energy, chemical output, or any combination thereof.
‘(1) IN GENERAL- Subject to any procedures that are established by the Administrator, an owner, operator, or third-party developer of a recoverable waste energy project that qualifies under standards established by the Administrator may self-certify the sites or sources of the owner, operator, or developer to the Administrator for inclusion in the Registry.
‘(2) REVIEW AND APPROVAL- To prevent a fraudulent listing, a site or source shall be included on the Registry only if the Administrator reviews and approves the self-certification.
‘(1) the Administrator to create and maintain the Registry and services authorized by this section, $1,000,000 for each of fiscal years 2008 through 2012; and
‘(2) the Secretary--
‘(A) to assist site or source owners and operators in determining the feasibility of projects authorized by this section, $2,000,000 for each of fiscal years 2008 through 2012; and
‘(B) to provide funding for State energy office functions under this section, $5,000,000.
‘SEC. 373. WASTE ENERGY RECOVERY INCENTIVE GRANT PROGRAM.
‘(a) Establishment- The Secretary shall establish in the Department of Energy a waste energy recovery incentive grant program to provide incentive grants to--
‘(1) owners and operators of projects that successfully produce electricity or incremental useful thermal energy from waste energy recovery;
‘(2) utilities purchasing or distributing the electricity; and
‘(3) States that have achieved 80 percent or more of recoverable waste heat recovery opportunities.
‘(1) IN GENERAL- The Secretary shall make grants under this section--
‘(A) to the owners or operators of waste energy recovery projects; and
‘(B) in the case of excess power purchased or transmitted by a electric utility, to the utility.
‘(A) IN GENERAL- In the case of waste energy recovery, a grant under this section shall be made at the rate of $10 per megawatt hour of documented electricity produced from recoverable waste energy (or by prevention of waste energy in the case of a new facility) by the project during the first 3 calendar years of production, beginning on or after the date of enactment of the Energy Independence and Security Act of 2007.
‘(B) UTILITIES- If the project produces net excess power and an electric utility purchases or transmits the excess power, 50 percent of so much of the grant as is attributable to the net excess power shall be paid to the electric utility purchasing or transporting the net excess power.
‘(1) establish rules and guidelines to establish eligibility for grants under subsection (b);
‘(2) publicize the availability of the grant program known to owners or operators of recoverable waste energy sources and sites listed on the Registry; and
‘(3) award grants under the program on the basis of the merits of each project in recovering or preventing waste energy throughout the United States on an impartial, objective, and not unduly discriminatory basis.
‘(1) to make grants to projects and utilities under subsection (b)--
‘(A) $100,000,000 for fiscal year 2008 and $200,000,000 for each of fiscal years 2009 through 2012; and
‘(B) such additional amounts for fiscal year 2008 and each fiscal year thereafter as may be necessary for administration of the waste energy recovery incentive grant program; and
‘SEC. 374. ADDITIONAL INCENTIVES FOR RECOVERY, USE, AND PREVENTION OF INDUSTRIAL WASTE ENERGY.
‘(a) Consideration of Standard-
‘(1) IN GENERAL- Not later than 180 days after the receipt by a State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority), or nonregulated electric utility, of a request from a project sponsor or owner or operator, the State regulatory authority or nonregulated electric utility shall--
‘(A) provide public notice and conduct a hearing respecting the standard established by subsection (b); and
‘(B) on the basis of the hearing, consider and make a determination whether or not it is appropriate to implement the standard to carry out the purposes of this part.
‘(1) SALE OF NET EXCESS POWER TO UTILITY- The electric utility shall purchase the net excess power from the owner or operator of the eligible waste energy recovery project during the operation of the project under a contract entered into for that purpose.
‘(2) TRANSPORT BY UTILITY FOR DIRECT SALE TO THIRD PARTY- The electric utility shall transmit the net excess power on behalf of the project owner or operator to up to 3 separate locations on the system of the utility for direct sale by the owner or operator to third parties at those locations.
‘(3) TRANSPORT OVER PRIVATE TRANSMISSION LINES- The State and the electric utility shall permit, and shall waive or modify such laws as would otherwise prohibit, the construction and operation of private electric wires constructed, owned, and operated by the project owner or operator, to transport the power to up to 3 purchasers within a 3-mile radius of the project, allowing the wires to use or cross public rights-of-way, without subjecting the project to regulation as a public utility, and according the wires the same treatment for safety, zoning, land use, and other legal privileges as apply or would apply to the wires of the utility, except that--
‘(A) there shall be no grant of any power of eminent domain to take or cross private property for the wires; and
‘(B) the wires shall be physically segregated and not interconnected with any portion of the system of the utility, except on the customer side of the revenue meter of the utility and in a manner that precludes any possible export of the electricity onto the utility system, or disruption of the system.
‘(1) DEFINITIONS- In this subsection:
‘(A) PER UNIT DISTRIBUTION COSTS- The term ‘per unit distribution costs’ means (in kilowatt hours) the quotient obtained by dividing--
‘(i) the depreciated book-value distribution system costs of a utility; by
‘(ii) the volume of utility electricity sales or transmission during the previous year at the distribution level.
‘(i) in the case of a State-regulated electric utility, a per-unit gross pretax profit equal to the product obtained by multiplying--
‘(I) the State-approved percentage rate of return for the utility for distribution system assets; by
‘(II) the per unit distribution costs; and
‘(I) the percentage (but not less than 10 percent) obtained by dividing--
‘(II) the per unit distribution costs.
‘(A) RATES APPLICABLE TO SALE OF NET EXCESS POWER-
‘(i) IN GENERAL- Sales made by a project owner or operator of a facility under the option described in subsection (c)(1) shall be paid for on a per kilowatt hour basis that shall equal the full undiscounted retail rate paid to the utility for power purchased by the facility minus per unit distribution costs, that applies to the type of utility purchasing the power.
‘(ii) VOLTAGES EXCEEDING 25 KILOVOLTS- If the net excess power is made available for purchase at voltages that must be transformed to or from voltages exceeding 25 kilovolts to be available for resale by the utility, the purchase price shall further be reduced by per unit transmission costs.
‘(i) IN GENERAL- Transportation by utilities of power on behalf of the owner or operator of a project under the option described in subsection (c)(2) shall incur a transportation rate that shall equal the per unit distribution costs and per unit distribution margin, that applies to the type of utility transporting the power.
‘(ii) VOLTAGES EXCEEDING 25 KILOVOLTS- If the net excess power is made available for transportation at voltages that must be transformed to or from voltages exceeding 25 kilovolts to be transported to the designated third-party purchasers, the transport rate shall further be increased by per unit transmission costs.
‘(iii) STATES WITH COMPETITIVE RETAIL MARKETS FOR ELECTRICITY- In a State with a competitive retail market for electricity, the applicable transportation rate for similar transportation shall be applied in lieu of any rate calculated under this paragraph.
‘(A) IN GENERAL- Any rate established for sale or transportation under this section shall--
‘(i) be modified over time with changes in the underlying costs or rates of the electric utility; and
‘(ii) reflect the same time-sensitivity and billing periods as are established in the retail sales or transportation rates offered by the utility.
‘(1) PUBLIC NOTICE AND HEARING-
‘(A) IN GENERAL- The consideration referred to in subsection (a) shall be made after public notice and hearing.
‘(B) ADMINISTRATION- The determination referred to in subsection (a) shall be--
‘(i) in writing;
‘(ii) based on findings included in the determination and on the evidence presented at the hearing; and
‘(iii) available to the public.
‘(A) to calculate--
‘(i) the energy and emissions likely to be saved by electing to adopt 1 or more of the options; and
‘(ii) the costs and benefits to ratepayers and the utility; and
‘(A) IN GENERAL- Except as otherwise provided in paragraphs (1) and (2), the procedures for the consideration and determination referred to in subsection (a) shall be the procedures established by the State regulatory authority or the nonregulated electric utility.
‘(B) MULTIPLE PROJECTS- If there is more than 1 project seeking consideration simultaneously in connection with the same utility, the proceeding may encompass all such projects, if full attention is paid to individual circumstances and merits and an individual judgment is reached with respect to each project.
‘(1) IN GENERAL- The State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) or nonregulated electric utility may, to the extent consistent with otherwise applicable State law--
‘(A) implement the standard determined under this section; or
‘(B) decline to implement any such standard.
‘(A) IN GENERAL- If a State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) or nonregulated electric utility declines to implement any standard established by this section, the authority or nonregulated electric utility shall state in writing the reasons for declining to implement the standard.
‘(B) AVAILABILITY TO PUBLIC- The statement of reasons shall be available to the public.
‘(C) ANNUAL REPORT- The Administrator shall include in an annual report submitted to Congress a description of the lost opportunities for waste-heat recovery from the project described in subparagraph (A), specifically identifying the utility and stating the quantity of lost energy and emissions savings calculated.
‘(D) NEW PETITION- If a State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) or nonregulated electric utility declines to implement the standard established by this section, the project sponsor may submit a new petition under this section with respect to the project at any time after the date that is 2 years after the date on which the State regulatory authority or nonregulated utility declined to implement the standard.
‘SEC. 375. CLEAN ENERGY APPLICATION CENTERS.
‘(a) Renaming-
‘(1) IN GENERAL- The Combined Heat and Power Application Centers of the Department of Energy are redesignated as Clean Energy Application Centers.
‘(2) REFERENCES- Any reference in any law, rule, regulation, or publication to a Combined Heat and Power Application Center shall be treated as a reference to a Clean Energy Application Center.
‘(1) IN GENERAL- In order to better coordinate efforts with the separate Industrial Assessment Centers and to ensure that the energy efficiency and, when applicable, the renewable nature of deploying mature clean energy technology is fully accounted for, the Secretary shall relocate the administration of the Clean Energy Application Centers to the Office of Energy Efficiency and Renewable Energy within the Department of Energy.
‘(2) OFFICE OF ELECTRICITY DELIVERY AND ENERGY RELIABILITY- The Office of Electricity Delivery and Energy Reliability shall--
‘(A) continue to perform work on the role of technology described in paragraph (1) in support of the grid and the reliability and security of the technology; and
‘(B) shall assist the Clean Energy Application Centers in the work of the Centers with regard to the grid and with electric utilities.
‘(1) IN GENERAL- The Secretary shall make grants to universities, research centers, and other appropriate institutions to ensure the continued operations and effectiveness of 8 Regional Clean Energy Application Centers in each of the following regions (as designated for such purposes as of the date of the enactment of the Energy Independence and Security Act of 2007):
‘(A) Gulf Coast.
‘(B) Intermountain.
‘(C) Mid-Atlantic.
‘(D) Midwest.
‘(E) Northeast.
‘(F) Northwest.
‘(G) Pacific.
‘(H) Southeast.
‘(1) IN GENERAL- Each Clean Energy Application Center shall--
‘(A) operate a program to encourage deployment of clean energy technologies through education and outreach to building and industrial professionals; and other individuals and organizations with an interest in efficient energy use; and
‘(B) provide project specific support to building and industrial professionals through assessments and advisory activities.
‘(A) to develop and distribute informational materials on clean energy technologies, including continuation of the 8 websites in existence on the date of enactment of the Energy Independence and Security Act of 2007;
‘(B) to develop and conduct target market workshops, seminars, Internet programs, and other activities to educate end users, regulators, and stakeholders in a manner that leads to the deployment of clean energy technologies;
‘(C) to provide or coordinate onsite assessments for sites and enterprises that may consider deployment of clean energy technology;
‘(D) to perform market research to identify high profile candidates for clean energy deployment;
‘(E) to provide consulting support to sites considering deployment of clean energy technologies;
‘(F) to assist organizations developing clean energy technologies to overcome barriers to deployment; and
‘(G) to assist companies and organizations with performance evaluations of any clean energy technology implemented.
‘(1) IN GENERAL- A grant awarded under this section shall be for a period of 5 years
‘(2) ANNUAL EVALUATIONS- Each grant shall be evaluated annually for the continuation of the grant based on the activities and results of the grant.
‘Part E--Industrial Energy Efficiency
‘Sec. 371. Definitions.
‘Sec. 372. Survey and Registry.
‘Sec. 373. Waste energy recovery incentive grant program.
‘Sec. 374. Additional incentives for recovery, utilization and prevention of industrial waste energy.
‘Sec. 375. Clean Energy Application Centers.’.
SEC. 452. ENERGY-INTENSIVE INDUSTRIES PROGRAM.
(a) Definitions- In this section:
(1) ELIGIBLE ENTITY- The term ‘eligible entity’ means--
(A) an energy-intensive industry;
(B) a national trade association representing an energy-intensive industry; or
(C) a person acting on behalf of 1 or more energy-intensive industries or sectors, as determined by the Secretary.
(2) ENERGY-INTENSIVE INDUSTRY- The term ‘energy-intensive industry’ means an industry that uses significant quantities of energy as part of its primary economic activities, including--
(A) information technology, including data centers containing electrical equipment used in processing, storing, and transmitting digital information;
(B) consumer product manufacturing;
(C) food processing;
(D) materials manufacturers, including--
(iii) forest and paper products;
(iv) metal casting;
(vi) petroleum refining;
(E) other energy-intensive industries, as determined by the Secretary.
(3) FEEDSTOCK- The term ‘feedstock’ means the raw material supplied for use in manufacturing, chemical, and biological processes.
(4) PARTNERSHIP- The term ‘partnership’ means an energy efficiency partnership established under subsection (c)(1)(A).
(5) PROGRAM- The term ‘program’ means the energy-intensive industries program established under subsection (b).
(b) Establishment of Program- The Secretary shall establish a program under which the Secretary, in cooperation with energy-intensive industries and national industry trade associations representing the energy-intensive industries, shall support, research, develop, and promote the use of new materials processes, technologies, and techniques to optimize energy efficiency and the economic competitiveness of the United States’ industrial and commercial sectors.
(1) IN GENERAL- As part of the program, the Secretary shall establish energy efficiency partnerships between the Secretary and eligible entities to conduct research on, develop, and demonstrate new processes, technologies, and operating practices and techniques to significantly improve the energy efficiency of equipment and processes used by energy-intensive industries, including the conduct of activities to--
(A) increase the energy efficiency of industrial processes and facilities;
(B) research, develop, and demonstrate advanced technologies capable of energy intensity reductions and increased environmental performance; and
(C) promote the use of the processes, technologies, and techniques described in subparagraphs (A) and (B).
(2) ELIGIBLE ACTIVITIES- Partnership activities eligible for funding under this subsection include--
(A) feedstock and recycling research, development, and demonstration activities to identify and promote--
(i) opportunities for meeting industry feedstock requirements with more energy efficient and flexible sources of feedstock or energy supply;
(ii) strategies to develop and deploy technologies that improve the quality and quantity of feedstocks recovered from process and waste streams; and
(iii) other methods using recycling, reuse, and improved industrial materials;
(B) research to develop and demonstrate technologies and processes that utilize alternative energy sources to supply heat, power, and new feedstocks for energy-intensive industries;
(C) research to achieve energy efficiency in steam, power, control system, and process heat technologies, and in other manufacturing processes; and
(D) industrial and commercial energy efficiency and sustainability assessments to--
(i) assist individual industrial and commercial sectors in developing tools, techniques, and methodologies to assess--
(I) the unique processes and facilities of the sectors;
(II) the energy utilization requirements of the sectors; and
(III) the application of new, more energy efficient technologies; and
(ii) conduct energy savings assessments;
(E) the incorporation of technologies and innovations that would significantly improve the energy efficiency and utilization of energy-intensive commercial applications; and
(F) any other activities that the Secretary determines to be appropriate.
(A) IN GENERAL- To be eligible for funding under this subsection, a partnership shall submit to the Secretary a proposal that describes the proposed research, development, or demonstration activity to be conducted by the partnership.
(B) REVIEW- After reviewing the scientific, technical, and commercial merit of a proposals submitted under subparagraph (A), the Secretary shall approve or disapprove the proposal.
(C) COMPETITIVE AWARDS- The provision of funding under this subsection shall be on a competitive basis.
(4) COST-SHARING REQUIREMENT- In carrying out this section, the Secretary shall require cost sharing in accordance with section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352).
(d) Grants- The Secretary may award competitive grants for innovative technology research, development and demonstrations to universities, individual inventors, and small companies, based on energy savings potential, commercial viability, and technical merit.
(e) Institution of Higher Education-Based Industrial Research and Assessment Centers- The Secretary shall provide funding to institution of higher education-based industrial research and assessment centers, whose purpose shall be--
(1) to identify opportunities for optimizing energy efficiency and environmental performance;
(2) to promote applications of emerging concepts and technologies in small- and medium-sized manufacturers;
(3) to promote research and development for the use of alternative energy sources to supply heat, power, and new feedstocks for energy-intensive industries;
(4) to coordinate with appropriate Federal and State research offices, and provide a clearinghouse for industrial process and energy efficiency technical assistance resources; and
(5) to coordinate with State-accredited technical training centers and community colleges, while ensuring appropriate services to all regions of the United States.
(f) Authorization of Appropriations-
(1) IN GENERAL- There are authorized to be appropriated to the Secretary to carry out this section--
(A) $184,000,000 for fiscal year 2008;
(B) $190,000,000 for fiscal year 2009;
(C) $196,000,000 for fiscal year 2010;
(D) $202,000,000 for fiscal year 2011;
(E) $208,000,000 for fiscal year 2012; and
(F) such sums as are necessary for fiscal year 2013 and each fiscal year thereafter.
(2) PARTNERSHIP ACTIVITIES- Of the amounts made available under paragraph (1), not less than 50 percent shall be used to pay the Federal share of partnership activities under subsection (c).
(3) COORDINATION AND NONDUPLICATION- The Secretary shall coordinate efforts under this section with other programs of the Department and other Federal agencies to avoid duplication of effort.
SEC. 453. ENERGY EFFICIENCY FOR DATA CENTER BUILDINGS.
(a) Definitions- In this section:
(1) DATA CENTER- The term ‘data center’ means any facility that primarily contains electronic equipment used to process, store, and transmit digital information, which may be--
(A) a free-standing structure; or
(B) a facility within a larger structure, that uses environmental control equipment to maintain the proper conditions for the operation of electronic equipment.
(2) DATA CENTER OPERATOR- The term ‘data center operator’ means any person or government entity that builds or operates a data center or purchases data center services, equipment, and facilities.
(b) Voluntary National Information Program-
(1) IN GENERAL- Not later than 90 days after the date of enactment of this Act, the Secretary and the Administrator of the Environmental Protection Agency shall, after consulting with information technology industry and other interested parties, initiate a voluntary national information program for those types of data centers and data center equipment and facilities that are widely used and for which there is a potential for significant data center energy savings as a result of the program.
(2) REQUIREMENTS- The program described in paragraph (1) shall--
(A) address data center efficiency holistically, reflecting the total energy consumption of data centers as whole systems, including both equipment and facilities;
(B) consider prior work and studies undertaken in this area, including by the Environmental Protection Agency and the Department of Energy;
(C) consistent with the objectives described in paragraph (1), determine the type of data center and data center equipment and facilities to be covered under the program;
(D) produce specifications, measurements, best practices, and benchmarks that will enable data center operators to make more informed decisions about the energy efficiency and costs of data centers, and that take into account--
(i) the performance and use of servers, data storage devices, and other information technology equipment;
(ii) the efficiency of heating, ventilation, and air conditioning, cooling, and power conditioning systems, provided that no modification shall be required of a standard then in effect under the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.) for any covered heating, ventilation, air-conditioning, cooling or power-conditioning product;
(iii) energy savings from the adoption of software and data management techniques; and
(iv) other factors determined by the organization described in subsection (c);
(E) allow for creation of separate specifications, measurements, and benchmarks based on data center size and function, as well as other appropriate characteristics;
(F) advance the design and implementation of efficiency technologies to the maximum extent economically practical;
(G) provide to data center operators in the private sector and the Federal Government information about best practices and purchasing decisions that reduce the energy consumption of data centers; and
(H) publish the information described in subparagraph (G), which may be disseminated through catalogs, trade publications, the Internet, or other mechanisms, that will allow data center operators to assess the energy consumption and potential cost savings of alternative data centers and data center equipment and facilities.
(3) PROCEDURES- The program described in paragraph (1) shall be developed in consultation with and coordinated by the organization described in subsection (c) according to commonly accepted procedures for the development of specifications, measurements, and benchmarks.
(c) Data Center Efficiency Organization-
(1) IN GENERAL- After the establishment of the program described in subsection (b), the Secretary and the Administrator shall jointly designate an information technology industry organization to consult with and to coordinate the program.
(2) REQUIREMENTS- The organization designated under paragraph (1), whether preexisting or formed specifically for the purposes of subsection (b), shall--
(A) consist of interested parties that have expertise in energy efficiency and in the development, operation, and functionality of computer data centers, information technology equipment, and software, as well as representatives of hardware manufacturers, data center operators, and facility managers;
(B) obtain and address input from Department of Energy National Laboratories or any college, university, research institution, industry association, company, or public interest group with applicable expertise in any of the areas listed in paragraph (1);
(C) follow commonly accepted procedures for the development of specifications and accredited standards development processes;
(D) have a mission to develop and promote energy efficiency for data centers and information technology; and
(E) have the primary responsibility to consult in the development and publishing of the information, measurements, and benchmarks described in subsection (b) and transmission of the information to the Secretary and the Administrator for consideration under subsection (d).
(d) Measurements and Specifications-
(1) IN GENERAL- The Secretary and the Administrator shall consider the specifications, measurements, and benchmarks described in subsection (b) for use by the Federal Energy Management Program, the Energy Star Program, and other efficiency programs of the Department of Energy and Environmental Protection Agency, respectively.
(2) REJECTIONS- If the Secretary or the Administrator rejects 1 or more specifications, measurements, or benchmarks described in subsection (b), the rejection shall be made consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; Public Law 104-113).
(3) DETERMINATION OF IMPRACTICABILITY- A determination that a specification, measurement, or benchmark described in subsection (b) is impractical may include consideration of the maximum efficiency that is technologically feasible and economically justified.
(e) Monitoring- The Secretary and the Administrator shall--
(1) monitor and evaluate the efforts to develop the program described in subsection (b); and
(2) not later than 3 years after the date of enactment of this Act, make a determination as to whether the program is consistent with the objectives of subsection (b).
(f) Alternative System- If the Secretary and the Administrator make a determination under subsection (e) that a voluntary national information program for data centers consistent with the objectives of subsection (b) has not been developed, the Secretary and the Administrator shall, after consultation with the National Institute of Standards and Technology and not later than 2 years after the determination, develop and implement the program under subsection (b).
(g) Protection of Proprietary Information- The Secretary, the Administrator, or the data center efficiency organization shall not disclose any proprietary information or trade secrets provided by any individual or company for the purposes of carrying out this section or the program established under this section.
Subtitle E--Healthy High-Performance Schools
SEC. 461. HEALTHY HIGH-PERFORMANCE SCHOOLS.
(a) Amendment- The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is amended by adding at the end the following new title:
‘TITLE V--HEALTHY HIGH-PERFORMANCE SCHOOLS
‘SEC. 501. GRANTS FOR HEALTHY SCHOOL ENVIRONMENTS.
‘(a) In General- The Administrator, in consultation with the Secretary of Education, may provide grants to States for use in--
‘(1) providing technical assistance for programs of the Environmental Protection Agency (including the Tools for Schools Program and the Healthy School Environmental Assessment Tool) to schools for use in addressing environmental issues; and
‘(2) development and implementation of State school environmental health programs that include--
‘(A) standards for school building design, construction, and renovation; and
‘(B) identification of ongoing school building environmental problems, including contaminants, hazardous substances, and pollutant emissions, in the State and recommended solutions to address those problems, including assessment of information on the exposure of children to environmental hazards in school facilities.
‘SEC. 502. MODEL GUIDELINES FOR SITING OF SCHOOL FACILITIES.
‘Not later than 18 months after the date of enactment of this section, the Administrator, in consultation with the Secretary of Education and the Secretary of Health and Human Services, shall issue voluntary school site selection guidelines that account for--
‘(1) the special vulnerability of children to hazardous substances or pollution exposures in any case in which the potential for contamination at a potential school site exists;
‘(2) modes of transportation available to students and staff;
‘(3) the efficient use of energy; and
‘(4) the potential use of a school at the site as an emergency shelter.
‘SEC. 503. PUBLIC OUTREACH.
‘(a) Reports- The Administrator shall publish and submit to Congress an annual report on all activities carried out under this title, until the expiration of authority described in section 501(b).
‘(b) Public Outreach- The Federal Director appointed under section 436(a) of the Energy Independence and Security Act of 2007 (in this title referred to as the ‘Federal Director’) shall ensure, to the maximum extent practicable, that the public clearinghouse established under section 423(1) of the Energy Independence and Security Act of 2007 receives and makes available information on the exposure of children to environmental hazards in school facilities, as provided by the Administrator.
‘SEC. 504. ENVIRONMENTAL HEALTH PROGRAM.
‘(a) In General- Not later than 2 years after the date of enactment of this section, the Administrator, in consultation with the Secretary of Education, the Secretary of Health and Human Services, and other relevant agencies, shall issue voluntary guidelines for use by the State in developing and implementing an environmental health program for schools that--
‘(1) takes into account the status and findings of Federal initiatives established under this title or subtitle C of title IV of the Energy Independence and Security Act of 2007 and other relevant Federal law with respect to school facilities, including relevant updates on trends in the field, such as the impact of school facility environments on student and staff--
‘(A) health, safety, and productivity; and
‘(B) disabilities or special needs;
‘(A) environmental problems, contaminants, hazardous substances, and pollutant emissions, including--
‘(i) lead from drinking water;
‘(ii) lead from materials and products;
‘(iii) asbestos;
‘(iv) radon;
‘(v) the presence of elemental mercury releases from products and containers;
‘(vi) pollutant emissions from materials and products; and
‘(vii) any other environmental problem, contaminant, hazardous substance, or pollutant emission that present or may present a risk to the health of occupants of the school facilities or environment;
‘(1) information from the Administrator that is contained in the report described in section 503(a); and
‘(2) information on the exposure of children to environmental hazards in school facilities, as provided by the Administrator.
‘SEC. 505. AUTHORIZATION OF APPROPRIATIONS.
‘There are authorized to be appropriated to carry out this title $1,000,000 for fiscal year 2009, and $1,500,000 for each of fiscal years 2010 through 2013, to remain available until expended.’.
(b) Table of Contents Amendment- The table of contents for the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is amended by adding at the end the following:
‘TITLE V--HEALTHY HIGH-PERFORMANCE SCHOOLS
‘Sec. 501. Grants for healthy school environments.
‘Sec. 502. Model guidelines for siting of school facilities.
‘Sec. 503. Public outreach.
‘Sec. 504. Environmental health program.
‘Sec. 505. Authorization of appropriations.’.
SEC. 462. STUDY ON INDOOR ENVIRONMENTAL QUALITY IN SCHOOLS.
(a) In General- The Administrator of the Environmental Protection Agency shall enter into an arrangement with the Secretary of Education and the Secretary of Energy to conduct a detailed study of how sustainable building features such as energy efficiency affect multiple perceived indoor environmental quality stressors on students in K-12 schools.
(b) Contents- The study shall--
(1) investigate the combined effect building stressors such as heating, cooling, humidity, lighting, and acoustics have on building occupants’ health, productivity, and overall well-being;
(2) identify how sustainable building features, such as energy efficiency, are influencing these human outcomes singly and in concert; and
(3) ensure that the impacts of the indoor environmental quality are evaluated as a whole.
(c) Authorization of Appropriations- There are authorized to be appropriated for carrying out this section $200,000 for each of the fiscal years 2008 through 2012.
Subtitle F--Institutional Entities
SEC. 471. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS AND LOANS FOR INSTITUTIONS.
Part G of title III of the Energy Policy and Conservation Act is amended by inserting after section 399 (42 U.S.C. 6371h) the following:
‘SEC. 399A. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS AND LOANS FOR INSTITUTIONS.
‘(a) Definitions- In this section:
‘(1) COMBINED HEAT AND POWER- The term ‘combined heat and power’ means the generation of electric energy and heat in a single, integrated system, with an overall thermal efficiency of 60 percent or greater on a higher-heating-value basis.
‘(2) DISTRICT ENERGY SYSTEMS- The term ‘district energy systems’ means systems providing thermal energy from a renewable energy source, thermal energy source, or highly efficient technology to more than 1 building or fixed energy-consuming use from 1 or more thermal-energy production facilities through pipes or other means to provide space heating, space conditioning, hot water, steam, compression, process energy, or other end uses for that energy.
‘(3) ENERGY SUSTAINABILITY- The term ‘energy sustainability’ includes using a renewable energy source, thermal energy source, or a highly efficient technology for transportation, electricity generation, heating, cooling, lighting, or other energy services in fixed installations.
‘(4) INSTITUTION OF HIGHER EDUCATION- The term ‘institution of higher education’ has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
‘(5) INSTITUTIONAL ENTITY- The term ‘institutional entity’ means an institution of higher education, a public school district, a local government, a municipal utility, or a designee of 1 of those entities.
‘(6) RENEWABLE ENERGY SOURCE- The term ‘renewable energy source’ has the meaning given the term in section 609 of the Public Utility Regulatory Policies Act of 1978 (7 U.S.C. 918c).
‘(7) SUSTAINABLE ENERGY INFRASTRUCTURE- The term ‘sustainable energy infrastructure’ means--
‘(A) facilities for production of energy from renewable energy sources, thermal energy sources, or highly efficient technologies, including combined heat and power or other waste heat use; and
‘(B) district energy systems.
‘(A) a natural source of cooling or heating from lake or ocean water; and
‘(B) recovery of useful energy that would otherwise be wasted from ongoing energy uses.
‘(1) IN GENERAL- Subject to the availability of appropriated funds, the Secretary shall implement a program of information dissemination and technical assistance to institutional entities to assist the institutional entities in identifying, evaluating, designing, and implementing sustainable energy infrastructure projects in energy sustainability.
‘(2) ASSISTANCE- The Secretary shall support institutional entities in--
‘(A) identification of opportunities for sustainable energy infrastructure;
‘(B) understanding the technical and economic characteristics of sustainable energy infrastructure;
‘(C) utility interconnection and negotiation of power and fuel contracts;
‘(D) understanding financing alternatives;
‘(E) permitting and siting issues;
‘(F) obtaining case studies of similar and successful sustainable energy infrastructure systems; and
‘(G) reviewing and obtaining computer software for assessment, design, and operation and maintenance of sustainable energy infrastructure systems.
‘(A) feasibility studies to assess the potential for implementation or improvement of sustainable energy infrastructure;
‘(B) analysis and implementation of strategies to overcome barriers to project implementation, including financial, contracting, siting, and permitting barriers; and
‘(C) detailed engineering of sustainable energy infrastructure.
‘(1) GRANTS-
‘(A) IN GENERAL- The Secretary shall award grants to institutional entities to carry out projects to improve energy efficiency on the grounds and facilities of the institutional entity.
‘(B) REQUIREMENT- To the extent that applications have been submitted, grants under subparagraph (A) shall include not less than 1 grant each year to an institution of higher education in each State.
‘(C) MINIMUM FUNDING- Not less than 50 percent of the total funding for all grants under this subsection shall be awarded in grants to institutions of higher education.
‘(A) improvement in energy efficiency;
‘(B) reduction in greenhouse gas emissions and other air emissions, including criteria air pollutants and ozone-depleting refrigerants;
‘(C) increased use of renewable energy sources or thermal energy sources;
‘(D) reduction in consumption of fossil fuels;
‘(E) active student participation; and
‘(F) need for funding assistance.
‘(A) to implement a public awareness campaign concerning the project in the community in which the institutional entity is located; and
‘(B) to submit to the Secretary, and make available to the public, reports on any efficiency improvements, energy cost savings, and environmental benefits achieved as part of a project carried out under paragraph (1), including quantification of the results relative to the criteria described under paragraph (2).
‘(1) GRANTS-
‘(A) IN GENERAL- The Secretary shall award grants to institutional entities to engage in innovative energy sustainability projects.
‘(B) REQUIREMENT- To the extent that applications have been submitted, grants under subparagraph (A) shall include not less than 2 grants each year to institutions of higher education in each State.
‘(C) MINIMUM FUNDING- Not less than 50 percent of the total funding for all grants under this subsection shall be awarded in grants to institutions of higher education.
‘(A) involve--
‘(i) an innovative technology that is not yet commercially available; or
‘(ii) available technology in an innovative application that maximizes energy efficiency and sustainability;
‘(1) IN GENERAL- Of the total amount of grants provided to institutions of higher education for a fiscal year under this section, the Secretary shall provide not less than 50 percent of the amount to institutions of higher education that have an endowment of not more than $100,000,000.
‘(2) REQUIREMENT- To the extent that applications have been submitted, at least 50 percent of the amount described in paragraph (1) shall be provided to institutions of higher education that have an endowment of not more than $50,000,000.
‘(1) IN GENERAL- If the Secretary determines that cost sharing is appropriate, the amounts of grants provided under this section shall be limited as provided in this subsection.
‘(2) TECHNICAL ASSISTANCE GRANTS- In the case of grants for technical assistance under subsection (b), grant funds shall be available for not more than--
‘(A) an amount equal to the lesser of--
‘(i) $50,000; or
‘(ii) 75 percent of the cost of feasibility studies to assess the potential for implementation or improvement of sustainable energy infrastructure;
‘(i) $90,000; or
‘(ii) 60 percent of the cost of guidance on overcoming barriers to project implementation, including financial, contracting, siting, and permitting barriers; and
‘(i) $250,000; or
‘(ii) 40 percent of the cost of detailed engineering and design of sustainable energy infrastructure.
‘(A) $1,000,000; or
‘(B) 60 percent of the total cost.
‘(A) $500,000; or
‘(B) 75 percent of the total cost.
‘(1) IN GENERAL- Subject to the availability of appropriated funds, the Secretary shall provide loans to institutional entities for the purpose of implementing energy efficiency improvements and sustainable energy infrastructure.
‘(2) TERMS AND CONDITIONS-
‘(A) IN GENERAL- Except as otherwise provided in this paragraph, loans made under this subsection shall be on such terms and conditions as the Secretary may prescribe.
‘(B) MATURITY- The final maturity of loans made within a period shall be the lesser of, as determined by the Secretary--
‘(i) 20 years; or
‘(ii) 90 percent of the useful life of the principal physical asset to be financed by the loan.
‘(i) IN GENERAL- Loans under this subsection shall be at an interest rate that is set by reference to a benchmark interest rate (yield) on marketable Treasury securities with a similar maturity to the direct loans being made.
‘(ii) MINIMUM- The minimum interest rate of loans under this subsection shall be at the interest rate of the benchmark financial instrument.
‘(iii) NEW LOANS- The minimum interest rate of new loans shall be adjusted each quarter to take account of changes in the interest rate of the benchmark financial instrument.
‘(i) prescribe explicit standards for use in periodically assessing the credit risk of making direct loans under this subsection; and
‘(ii) find that there is a reasonable assurance of repayment before making a loan.
‘(A) improvement in energy efficiency;
‘(B) reduction in greenhouse gas emissions and other air emissions, including criteria air pollutants and ozone-depleting refrigerants;
‘(C) increased use of renewable electric energy sources or renewable thermal energy sources;
‘(D) reduction in consumption of fossil fuels; and
‘(E) need for funding assistance, including consideration of the size of endowment or other financial resources available to the institutional entity.
‘(A) IN GENERAL- All laborers and mechanics employed by contractors or subcontractors in the performance of construction, repair, or alteration work funded in whole or in part under this section 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 sections 3141 through 3144, 3146, and 3147 of title 40, United States Code. The Secretary shall not approve any such funding without first obtaining adequate assurance that required labor standards will be maintained upon the construction work.
‘(B) AUTHORITY AND FUNCTIONS- The Secretary of Labor shall have, with respect to the labor standards specified in paragraph (1), the authority and functions set forth in Reorganization Plan Number 14 of 1950 (15 Fed. Reg. 3176; 64 Stat. 1267) and section 3145 of title 40, United States Code.
‘(1) GRANTS- There is authorized to be appropriated for the cost of grants authorized in subsections (b), (c), and (d) $250,000,000 for each of fiscal years 2009 through 2013, of which not more than 5 percent may be used for administrative expenses.
‘(2) LOANS- There is authorized to be appropriated for the initial cost of direct loans authorized in subsection (g) $500,000,000 for each of fiscal years 2009 through 2013, of which not more than 5 percent may be used for administrative expenses.’.
Subtitle G--Public and Assisted Housing
SEC. 481. APPLICATION OF INTERNATIONAL ENERGY CONSERVATION CODE TO PUBLIC AND ASSISTED HOUSING.
Section 109 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12709) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(C), by striking, ‘, where such standards are determined to be cost effective by the Secretary of Housing and Urban Development’; and
(B) in the first sentence of paragraph (2)--
(i) by striking ‘Council of American Building Officials Model Energy Code, 1992’ and inserting ‘2006 International Energy Conservation Code’; and
(ii) by striking ‘, and, with respect to rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 24 of the United States Housing Act of 1937 (42 U.S.C. 1437v), the 2003 International Energy Conservation Code’;
(2) in subsection (b)--
(A) in the heading, by striking ‘MODEL ENERGY CODE- ’ and inserting ‘INTERNATIONAL ENERGY CONSERVATION CODE- ’;
(B) by inserting ‘and rehabilitation’ after ‘all new construction’; and
(C) by striking ‘, and, with respect to rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 24 of the United States Housing Act of 1937 (42 U.S.C. 1437v), the 2003 International Energy Conservation Code’;
(3) in subsection (c)--
(A) in the heading, by striking ‘MODEL ENERGY CODE AND’; and
(B) by striking ‘, or, with respect to rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 24 of the United States Housing Act of 1937 (42 U.S.C. 1437v), the 2003 International Energy Conservation Code’;
(4) by adding at the end the following:
‘(1) the Secretary of Housing and Urban Development or the Secretary of Agriculture make a determination that the revised codes do not negatively affect the availability or affordability of new construction of assisted housing and single family and multifamily residential housing (other than manufactured homes) subject to mortgages insured under the National Housing Act (12 U.S.C. 1701 et seq.) or insured, guaranteed, or made by the Secretary of Agriculture under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.), respectively; and
‘(2) the Secretary of Energy has made a determination under section 304 of the Energy Conservation and Production Act (42 U.S.C. 6833) that the revised code or standard would improve energy efficiency.’;
(5) by striking ‘CABO Model Energy Code, 1992’ each place it appears and inserting ‘the 2006 IECC’; and
(6) by striking ‘1989’ each place it appears and inserting ‘2004’.
Subtitle H--General Provisions
SEC. 491. DEMONSTRATION PROJECT.
(a) In General- The Federal Director and the Commercial Director shall establish guidelines to implement a demonstration project to contribute to the research goals of the Office of Commercial High-Performance Green Buildings and the Office of Federal High-Performance Green Buildings.
(b) Projects- In accordance with guidelines established by the Federal Director and the Commercial Director under subsection (a) and the duties of the Federal Director and the Commercial Director described in this title, the Federal Director or the Commercial Director shall carry out--
(1) for each of fiscal years 2009 through 2014, 1 demonstration project per year of green features in a Federal building selected by the Federal Director in accordance with relevant agencies and described in subsection (c)(1), that--
(A) provides for instrumentation, monitoring, and data collection related to the green features, for study of the impact of the features on overall energy use and operational costs, and for the evaluation of the information obtained through the conduct of projects and activities under this title; and
(B) achieves the highest rating offered by the high performance green building system identified pursuant to section 436(h);
(2) no fewer than 4 demonstration projects at 4 universities, that, as competitively selected by the Commercial Director in accordance with subsection (c)(2), have--
(A) appropriate research resources and relevant projects to meet the goals of the demonstration project established by the Office of Commercial High-Performance Green Buildings; and
(i) to serve as a model for high-performance green building initiatives, including research and education by achieving the highest rating offered by the high performance green building system identified pursuant to section 436(h);
(ii) to identify the most effective ways to use high-performance green building and landscape technologies to engage and educate undergraduate and graduate students;
(iii) to effectively implement a high-performance green building education program for students and occupants;
(iv) to demonstrate the effectiveness of various high-performance technologies, including their impacts on energy use and operational costs, in each of the 4 climatic regions of the United States described in subsection (c)(2)(B); and
(v) to explore quantifiable and nonquantifiable beneficial impacts on public health and employee and student performance;
(3) demonstration projects to evaluate replicable approaches of achieving high performance in actual building operation in various types of commercial buildings in various climates; and
(4) deployment activities to disseminate information on and encourage widespread adoption of technologies, practices, and policies to achieve zero-net-energy commercial buildings or low energy use and effective monitoring of energy use in commercial buildings.
(1) FEDERAL FACILITIES- With respect to the existing or proposed Federal facility at which a demonstration project under this section is conducted, the Federal facility shall--
(A) be an appropriate model for a project relating to--
(i) the effectiveness of high-performance technologies;
(ii) analysis of materials, components, systems, and emergency operations in the building, and the impact of those materials, components, and systems, including the impact on the health of building occupants;
(iii) life-cycle costing and life-cycle assessment of building materials and systems; and
(iv) location and design that promote access to the Federal facility through walking, biking, and mass transit; and
(B) possess sufficient technological and organizational adaptability.
(2) UNIVERSITIES- With respect to the 4 universities at which a demonstration project under this section is conducted--
(A) the universities should be selected, after careful review of all applications received containing the required information, as determined by the Commercial Director, based on--
(i) successful and established public-private research and development partnerships;
(ii) demonstrated capabilities to construct or renovate buildings that meet high indoor environmental quality standards;
(iii) organizational flexibility;
(iv) technological adaptability;
(v) the demonstrated capacity of at least 1 university to replicate lessons learned among nearby or sister universities, preferably by participation in groups or consortia that promote sustainability;
(vi) the demonstrated capacity of at least 1 university to have officially-adopted, institution-wide ‘high-performance green building’ guidelines for all campus building projects; and
(vii) the demonstrated capacity of at least 1 university to have been recognized by similar institutions as a national leader in sustainability education and curriculum for students of the university; and
(B) each university shall be located in a different climatic region of the United States, each of which regions shall have, as determined by the Office of Commercial High-Performance Green Buildings--
(i) a hot, dry climate;
(ii) a hot, humid climate;
(iii) a cold climate; or
(iv) a temperate climate (including a climate with cold winters and humid summers).
(d) Applications- To receive a grant under subsection (b), an eligible applicant shall submit to the Federal Director or the Commercial Director an application at such time, in such manner, and containing such information as the Director may require, including a written assurance that all laborers and mechanics employed by contractors or subcontractors during construction, alteration, or repair that is financed, in whole or in part, by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with sections 3141 through 3144, 3146, and 3147 of title 40, United States Code. The Secretary of Labor shall, with respect to the labor standards described in this subsection, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40, United States Code.
(e) Report- Not later than 1 year after the date of enactment of this Act, and annually thereafter through September 30, 2014--
(1) the Federal Director and the Commercial Director shall submit to the Secretary a report that describes the status of the demonstration projects; and
(2) each University at which a demonstration project under this section is conducted shall submit to the Secretary a report that describes the status of the demonstration projects under this section.
(f) Authorization of Appropriations- There is authorized to be appropriated to carry out the demonstration project described in section (b)(1), $10,000,000 for the period of fiscal years 2008 through 2012, and to carry out the demonstration project described in section (b)(2), $10,000,000 for the period of fiscal years 2008 through 2012, to remain available until expended.
SEC. 492. RESEARCH AND DEVELOPMENT.
(a) Establishment- The Federal Director and the Commercial Director, jointly and in coordination with the Advisory Committee, shall--
(1)(A) survey existing research and studies relating to high-performance green buildings; and
(B) coordinate activities of common interest;
(2) develop and recommend a high-performance green building research plan that--
(A) identifies information and research needs, including the relationships between human health, occupant productivity, safety, security, and accessibility and each of--
(i) emissions from materials and products in the building;
(ii) natural day lighting;
(iii) ventilation choices and technologies;
(iv) heating, cooling, and system control choices and technologies;
(v) moisture control and mold;
(vi) maintenance, cleaning, and pest control activities;
(viii) access to public transportation; and
(ix) other issues relating to the health, comfort, productivity, and performance of occupants of the building;
(B) promotes the development and dissemination of high-performance green building measurement tools that, at a minimum, may be used--
(i) to monitor and assess the life-cycle performance of facilities (including demonstration projects) built as high-performance green buildings; and
(ii) to perform life-cycle assessments; and
(C) identifies and tests new and emerging technologies for high-performance green buildings;
(3) assist the budget and life-cycle costing functions of the Directors’ Offices under section 436(d);
(4) study and identify potential benefits of green buildings relating to security, natural disaster, and emergency needs of the Federal Government; and
(5) support other research initiatives determined by the Directors’ Offices.
(b) Indoor Air Quality- The Federal Director, in consultation with the Administrator of the Environmental Protection Agency and the Advisory Committee, shall develop and carry out a comprehensive indoor air quality program for all Federal facilities to ensure the safety of Federal workers and facility occupants--
(1) during new construction and renovation of facilities; and
(2) in existing facilities.
SEC. 493. ENVIRONMENTAL PROTECTION AGENCY DEMONSTRATION GRANT PROGRAM FOR LOCAL GOVERNMENTS.
Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is amended by adding at the end the following:
‘SEC. 329. DEMONSTRATION GRANT PROGRAM FOR LOCAL GOVERNMENTS.
‘(a) Grant Program-
‘(1) IN GENERAL- The Administrator shall establish a demonstration program under which the Administrator shall provide competitive grants to assist local governments (such as municipalities and counties), with respect to local government buildings--
‘(A) to deploy cost-effective technologies and practices; and
‘(B) to achieve operational cost savings, through the application of cost-effective technologies and practices, as verified by the Administrator.
‘(A) IN GENERAL- The Federal share of the cost of an activity carried out using a grant provided under this section shall be 40 percent.
‘(B) WAIVER OF NON-FEDERAL SHARE- The Administrator may waive up to 100 percent of the local share of the cost of any grant under this section should the Administrator determine that the community is economically distressed, pursuant to objective economic criteria established by the Administrator in published guidelines.
‘(1) IN GENERAL- Not later than 1 year after the date of enactment of this section, the Administrator shall issue guidelines to implement the grant program established under subsection (a).
‘(2) REQUIREMENTS- The guidelines under paragraph (1) shall establish--
‘(A) standards for monitoring and verification of operational cost savings through the application of cost-effective technologies and practices reported by grantees under this section;
‘(B) standards for grantees to implement training programs, and to provide technical assistance and education, relating to the retrofit of buildings using cost-effective technologies and practices; and
‘(C) a requirement that each local government that receives a grant under this section shall achieve facility-wide cost savings, through renovation of existing local government buildings using cost-effective technologies and practices, of at least 40 percent as compared to the baseline operational costs of the buildings before the renovation (as calculated assuming a 3-year, weather-normalized average).
‘(1) IN GENERAL- The Administrator shall provide annual reports to Congress on cost savings achieved and actions taken and recommendations made under this section, and any recommendations for further action.
‘(2) FINAL REPORT- The Administrator shall issue a final report at the conclusion of the program, including findings, a summary of total cost savings achieved, and recommendations for further action.
SEC. 494. GREEN BUILDING ADVISORY COMMITTEE.
(a) Establishment- Not later than 180 days after the date of enactment of this Act, the Federal Director, in coordination with the Commercial Director, shall establish an advisory committee, to be known as the ‘Green Building Advisory Committee’.
(1) IN GENERAL- The Committee shall be composed of representatives of, at a minimum--
(A) each agency referred to in section 421(e); and
(B) other relevant agencies and entities, as determined by the Federal Director, including at least 1 representative of each of--
(i) State and local governmental green building programs;
(ii) independent green building associations or councils;
(iii) building experts, including architects, material suppliers, and construction contractors;
(iv) security advisors focusing on national security needs, natural disasters, and other dire emergency situations;
(v) public transportation industry experts; and
(vi) environmental health experts, including those with experience in children’s health.
(2) NON-FEDERAL MEMBERS- The total number of non-Federal members on the Committee at any time shall not exceed 15.
(c) Meetings- The Federal Director shall establish a regular schedule of meetings for the Committee.
(d) Duties- The Committee shall provide advice and expertise for use by the Federal Director in carrying out the duties under this subtitle, including such recommendations relating to Federal activities carried out under sections 434 through 436 as are agreed to by a majority of the members of the Committee.
(e) FACA Exemption- The Committee shall not be subject to section 14 of the Federal Advisory Committee Act (5 U.S.C. App.).
SEC. 495. ADVISORY COMMITTEE ON ENERGY EFFICIENCY FINANCE.
(a) Establishment- The Secretary, acting through the Assistant Secretary of Energy for Energy Efficiency and Renewable Energy, shall establish an Advisory Committee on Energy Efficiency Finance to provide advice and recommendations to the Department on energy efficiency finance and investment issues, options, ideas, and trends, and to assist the energy community in identifying practical ways of lowering costs and increasing investments in energy efficiency technologies.
(b) Membership- The advisory committee established under this section shall have a balanced membership that shall include members with expertise in--
(1) availability of seed capital;
(2) availability of venture capital;
(3) availability of other sources of private equity;
(4) investment banking with respect to corporate finance;
(5) investment banking with respect to mergers and acquisitions;
(6) equity capital markets;
(7) debt capital markets;
(8) research analysis;
(9) sales and trading;
(10) commercial lending; and
(11) residential lending.
(c) Termination- The Advisory Committee on Energy Efficiency Finance shall terminate on the date that is 10 years after the date of enactment of this Act.
(d) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to the Secretary for carrying out this section.
TITLE V--ENERGY SAVINGS IN GOVERNMENT AND PUBLIC INSTITUTIONS
Subtitle A--United States Capitol Complex
SEC. 501. CAPITOL COMPLEX PHOTOVOLTAIC ROOF FEASIBILITY STUDIES.
(a) Studies- The Architect of the Capitol may conduct feasibility studies regarding construction of photovoltaic roofs for the Rayburn House Office Building and the Hart Senate Office Building.
(b) Report- Not later than 6 months after the date of enactment of this Act, the Architect of the Capitol shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Rules and Administration of the Senate, a report on the results of the feasibility studies and recommendations regarding construction of photovoltaic roofs for the buildings referred to in subsection (a).
(c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $500,000.
SEC. 502. CAPITOL COMPLEX E-85 REFUELING STATION.
(a) Construction- The Architect of the Capitol may construct a fuel tank and pumping system for E-85 fuel at or within close proximity to the Capitol Grounds Fuel Station.
(b) Use- The E-85 fuel tank and pumping system shall be available for use by all legislative branch vehicles capable of operating with E-85 fuel, subject to such other legislative branch agencies reimbursing the Architect of the Capitol for the costs of E-85 fuel used by such other legislative branch vehicles.
(c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $640,000 for fiscal year 2008.
SEC. 503. ENERGY AND ENVIRONMENTAL MEASURES IN CAPITOL COMPLEX MASTER PLAN.
(a) In General- To the maximum extent practicable, the Architect of the Capitol shall include energy efficiency and conservation measures, greenhouse gas emission reduction measures, and other appropriate environmental measures in the Capitol Complex Master Plan.
(b) Report- Not later than 6 months after the date of enactment of this Act, the Architect of the Capitol shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Rules and Administration of the Senate, a report on the energy efficiency and conservation measures, greenhouse gas emission reduction measures, and other appropriate environmental measures included in the Capitol Complex Master Plan pursuant to subsection (a).
SEC. 504. PROMOTING MAXIMUM EFFICIENCY IN OPERATION OF CAPITOL POWER PLANT.
(a) Steam Boilers-
(1) IN GENERAL- The Architect of the Capitol shall take such steps as may be necessary to operate the steam boilers at the Capitol Power Plant in the most energy efficient manner possible to minimize carbon emissions and operating costs, including adjusting steam pressures and adjusting the operation of the boilers to take into account variations in demand, including seasonality, for the use of the system.
(2) EFFECTIVE DATE- The Architect shall implement the steps required under paragraph (1) not later than 30 days after the date of the enactment of this Act.
(b) Chiller Plant-
(1) IN GENERAL- The Architect of the Capitol shall take such steps as may be necessary to operate the chiller plant at the Capitol Power Plant in the most energy efficient manner possible to minimize carbon emissions and operating costs, including adjusting water temperatures and adjusting the operation of the chillers to take into account variations in demand, including seasonality, for the use of the system.
(2) EFFECTIVE DATE- The Architect shall implement the steps required under paragraph (1) not later than 30 days after the date of the enactment of this Act.
(c) Meters- Not later than 90 days after the date of the enactment of this Act, the Architect of the Capitol shall evaluate the accuracy of the meters in use at the Capitol Power Plant and correct them as necessary.
(d) Report on Implementation- Not later than 180 days after the date of the enactment of this Act, the Architect of the Capitol shall complete the implementation of the requirements of this section and submit a report describing the actions taken and the energy efficiencies achieved to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on House Administration of the House of Representatives, and the Committee on Rules and Administration of the Senate.
SEC. 505. CAPITOL POWER PLANT CARBON DIOXIDE EMISSIONS FEASIBILITY STUDY AND DEMONSTRATION PROJECTS.
The first section of the Act of March 4, 1911 (2 U.S.C. 2162; 36 Stat. 1414, chapter 285) is amended in the seventh undesignated paragraph (relating to the Capitol Power Plant) under the heading ‘Public Buildings’, under the heading ‘Under the Department of Interior’--
(1) by striking ‘ninety thousand dollars:’ and inserting $90,000.’; and
(2) by striking ‘Provided, That hereafter the’ and all that follows through the end of the proviso and inserting the following:
‘(1) the availability of technologies to capture and store or use Capitol Power Plant carbon dioxide emissions;
‘(2) strategies to conserve energy and reduce carbon dioxide emissions at the Capitol Power Plant; and
‘(3) other factors as determined by the Architect of the Capitol.
‘(1) IN GENERAL- If the feasibility study determines that a demonstration project to capture and store or use Capitol Power Plant carbon dioxide emissions is technologically feasible and economically justified (including direct and indirect economic and environmental benefits), the Architect of the Capitol may conduct 1 or more demonstration projects to capture and store or use carbon dioxide emitted from the Capitol Power Plant as a result of burning fossil fuels.
‘(2) FACTORS FOR CONSIDERATION- In carrying out such demonstration projects, the Architect of the Capitol shall consider--
‘(A) the amount of Capitol Power Plant carbon dioxide emissions to be captured and stored or used;
‘(B) whether the proposed project is able to reduce air pollutants other than carbon dioxide;
‘(C) the carbon dioxide energy efficiency of the proposed project;
‘(D) whether the proposed project is able to use carbon dioxide emissions;
‘(E) whether the proposed project could be expanded to significantly increase the amount of Capitol Power Plant carbon dioxide emissions to be captured and stored or used;
‘(F) the potential environmental, energy, and educational benefits of demonstrating the capture and storage or use of carbon dioxide at the U.S. Capitol; and
‘(G) other factors as determined by the Architect of the Capitol.
Subtitle B--Energy Savings Performance Contracting
SEC. 511. AUTHORITY TO ENTER INTO CONTRACTS; REPORTS.
(a) In General- Section 801(a)(2)(D) of the National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)(D)) is amended--
(1) in clause (ii), by inserting ‘and’ after the semicolon at the end;
(2) by striking clause (iii); and
(3) by redesignating clause (iv) as clause (iii).
(b) Reports- Section 548(a)(2) of the National Energy Conservation Policy Act (42 U.S.C. 8258(a)(2)) is amended by inserting ‘and any termination penalty exposure’ after ‘the energy and cost savings that have resulted from such contracts’.
(c) Conforming Amendment- Section 2913 of title 10, United States Code, is amended by striking subsection (e).
SEC. 512. FINANCING FLEXIBILITY.
Section 801(a)(2) of the National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)) is amended by adding at the end the following:
‘(E) FUNDING OPTIONS- In carrying out a contract under this title, a Federal agency may use any combination of--
‘(i) appropriated funds; and
‘(ii) private financing under an energy savings performance contract.’.
SEC. 513. PROMOTING LONG-TERM ENERGY SAVINGS PERFORMANCE CONTRACTS AND VERIFYING SAVINGS.
Section 801(a)(2) of the National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)) (as amended by section 512) is amended--
(1) in subparagraph (D), by inserting ‘beginning on the date of the delivery order’ after ‘25 years’; and
(2) by adding at the end the following:
‘(F) PROMOTION OF CONTRACTS- In carrying out this section, a Federal agency shall not--
‘(i) establish a Federal agency policy that limits the maximum contract term under subparagraph (D) to a period shorter than 25 years; or
‘(ii) limit the total amount of obligations under energy savings performance contracts or other private financing of energy savings measures.
‘(i) IN GENERAL- In the case of energy savings performance contracts, the evaluations and savings measurement and verification required under paragraphs (2) and (4) of section 543(f) shall be used by a Federal agency to meet the requirements for the need for energy audits, calculation of energy savings, and any other evaluation of costs and savings needed to implement the guarantee of savings under this section.
‘(ii) MODIFICATION OF EXISTING CONTRACTS- Not later than 18 months after the date of enactment of this subparagraph, each Federal agency shall, to the maximum extent practicable, modify any indefinite delivery and indefinite quantity energy savings performance contracts, and other indefinite delivery and indefinite quantity contracts using private financing, to conform to the amendments made by subtitle B of title V of the Energy Independence and Security Act of 2007.’.
SEC. 514. PERMANENT REAUTHORIZATION.
Section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287) is amended by striking subsection (c).
SEC. 515. DEFINITION OF ENERGY SAVINGS.
Section 804(2) of the National Energy Conservation Policy Act (42 U.S.C. 8287c(2)) is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and indenting appropriately;
(2) by striking ‘means a reduction’ and inserting ‘means--
(3) by striking the period at the end and inserting a semicolon; and
(4) by adding at the end the following:
‘(B) the increased efficient use of an existing energy source by cogeneration or heat recovery;
‘(C) if otherwise authorized by Federal or State law (including regulations), the sale or transfer of electrical or thermal energy generated on-site from renewable energy sources or cogeneration, but in excess of Federal needs, to utilities or non-Federal energy users; and
‘(D) the increased efficient use of existing water sources in interior or exterior applications.’.
SEC. 516. RETENTION OF SAVINGS.
Section 546(c) of the National Energy Conservation Policy Act (42 U.S.C. 8256(c)) is amended by striking paragraph (5).
SEC. 517. TRAINING FEDERAL CONTRACTING OFFICERS TO NEGOTIATE ENERGY EFFICIENCY CONTRACTS.
(a) Program- The Secretary shall create and administer in the Federal Energy Management Program a training program to educate Federal contract negotiation and contract management personnel so that the contract officers are prepared to--
(1) negotiate energy savings performance contracts;
(2) conclude effective and timely contracts for energy efficiency services with all companies offering energy efficiency services; and
(3) review Federal contracts for all products and services for the potential energy efficiency opportunities and implications of the contracts.
(b) Schedule- Not later than 1 year after the date of enactment of this Act, the Secretary shall plan, staff, announce, and begin training under the Federal Energy Management Program.
(c) Personnel To Be Trained- Personnel appropriate to receive training under the Federal Energy Management Program shall be selected by and sent for the training from--
(1) the Department of Defense;
(2) the Department of Veterans Affairs;
(3) the Department;
(4) the General Services Administration;
(5) the Department of Housing and Urban Development;
(6) the United States Postal Service; and
(7) all other Federal agencies and departments that enter contracts for buildings, building services, electricity and electricity services, natural gas and natural gas services, heating and air conditioning services, building fuel purchases, and other types of procurement or service contracts determined by the Secretary, in carrying out the Federal Energy Management Program, to offer the potential for energy savings and greenhouse gas emission reductions if negotiated with taking into account those goals.
(d) Trainers- Training under the Federal Energy Management Program may be conducted by--
(1) attorneys or contract officers with experience in negotiating and managing contracts described in subsection (c)(7) from any agency, except that the Secretary shall reimburse the related salaries and expenses of the attorneys or contract officers from amounts made available for carrying out this section to the extent the attorneys or contract officers are not employees of the Department; and
(2) private experts hired by the Secretary for the purposes of this section, except that the Secretary may not hire experts who are simultaneously employed by any company under contract to provide energy efficiency services to the Federal Government.
(e) Authorization of Appropriations- There are authorized to be appropriated to the Secretary to carry out this section $750,000 for each of fiscal years 2008 through 2012.
SEC. 518. STUDY OF ENERGY AND COST SAVINGS IN NONBUILDING APPLICATIONS.
(a) Definitions- In this section:
(1) NONBUILDING APPLICATION- The term ‘nonbuilding application’ means--
(A) any class of vehicles, devices, or equipment that is transportable under the power of the applicable vehicle, device, or equipment by land, sea, or air and that consumes energy from any fuel source for the purpose of--
(i) that transportation; or
(ii) maintaining a controlled environment within the vehicle, device, or equipment; and
(B) any federally-owned equipment used to generate electricity or transport water.
(2) SECONDARY SAVINGS-
(A) IN GENERAL- The term ‘secondary savings’ means additional energy or cost savings that are a direct consequence of the energy savings that result from the energy efficiency improvements that were financed and implemented pursuant to an energy savings performance contract.
(B) INCLUSIONS- The term ‘secondary savings’ includes--
(i) energy and cost savings that result from a reduction in the need for fuel delivery and logistical support;
(ii) personnel cost savings and environmental benefits; and
(iii) in the case of electric generation equipment, the benefits of increased efficiency in the production of electricity, including revenues received by the Federal Government from the sale of electricity so produced.
(1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary and the Secretary of Defense shall jointly conduct, and submit to Congress and the President, a report of, a study of the potential for the use of energy savings performance contracts to reduce energy consumption and provide energy and cost savings in nonbuilding applications.
(2) REQUIREMENTS- The study under this subsection shall include--
(A) an estimate of the potential energy and cost savings to the Federal Government, including secondary savings and benefits, from increased efficiency in nonbuilding applications;
(B) an assessment of the feasibility of extending the use of energy savings performance contracts to nonbuilding applications, including an identification of any regulatory or statutory barriers to that use; and
(C) such recommendations as the Secretary and the Secretary of Defense determine to be appropriate.
Subtitle C--Energy Efficiency in Federal Agencies
SEC. 521. INSTALLATION OF PHOTOVOLTAIC SYSTEM AT DEPARTMENT OF ENERGY HEADQUARTERS BUILDING.
(a) In General- The Administrator of General Services shall install a photovoltaic system, as set forth in the Sun Wall Design Project, for the headquarters building of the Department located at 1000 Independence Avenue, SW., Washington, DC, commonly known as the Forrestal Building.
(b) Funding- There shall be available from the Federal Buildings Fund established by section 592 of title 40, United States Code, $30,000,000 to carry out this section. Such sums shall be derived from the unobligated balance of amounts made available from the Fund for fiscal year 2007, and prior fiscal years, for repairs and alternations and other activities (excluding amounts made available for the energy program). Such sums shall remain available until expended.
SEC. 522. PROHIBITION ON INCANDESCENT LAMPS BY COAST GUARD.
(a) Prohibition- Except as provided by subsection (b), on and after January 1, 2009, a general service incandescent lamp shall not be purchased or installed in a Coast Guard facility by or on behalf of the Coast Guard.
(b) Exception- A general service incandescent lamp may be purchased, installed, and used in a Coast Guard facility whenever the application of a general service incandescent lamp is--
(1) necessary due to purpose or design, including medical, security, and industrial applications;
(2) reasonable due to the architectural or historical value of a light fixture installed before January 1, 2009; or
(3) the Commandant of the Coast Guard determines that operational requirements necessitate the use of a general service incandescent lamp.
(c) Limitation- In this section, the term ‘facility’ does not include a vessel or aircraft of the Coast Guard.
SEC. 523. STANDARD RELATING TO SOLAR HOT WATER HEATERS.
Section 305(a)(3)(A) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(A)) is amended--
(1) in clause (i)(II), by striking ‘and’ at the end;
(2) in clause (ii), by striking the period at the end and inserting ‘; and’; and
(3) by adding at the end the following:
‘(iii) if lifecycle cost-effective, as compared to other reasonably available technologies, not less than 30 percent of the hot water demand for each new Federal building or Federal building undergoing a major renovation be met through the installation and use of solar hot water heaters.’.
SEC. 524. FEDERALLY-PROCURED APPLIANCES WITH STANDBY POWER.
Section 553 of the National Energy Conservation Policy Act (42 U.S.C. 8259b) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
‘(1) DEFINITION OF ELIGIBLE PRODUCT- In this subsection, the term ‘eligible product’ means a commercially available, off-the-shelf product that--
‘(A)(i) uses external standby power devices; or
‘(ii) contains an internal standby power function; and
‘(B) is included on the list compiled under paragraph (4).
‘(A) an eligible product that uses not more than 1 watt in the standby power consuming mode of the eligible product; or
‘(B) if an eligible product described in subparagraph (A) is not available, the eligible product with the lowest available standby power wattage in the standby power consuming mode of the eligible product.
‘(A) the lower-wattage eligible product is--
‘(i) lifecycle cost-effective; and
‘(ii) practicable; and
SEC. 525. FEDERAL PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.
(a) Amendments- Section 553 of the National Energy Conservation Policy Act (42 U.S.C. 8259b) is amended--
(1) in subsection (b)(1), by inserting ‘in a product category covered by the Energy Star program or the Federal Energy Management Program for designated products’ after ‘energy consuming product’; and
(2) in the second sentence of subsection (c)--
(A) by inserting ‘list in their catalogues, represent as available, and’ after ‘Logistics Agency shall’; and
(B) by striking ‘where the agency’ and inserting ‘in which the head of the agency’.
(b) Catalogue Listing Deadline- Not later than 9 months after the date of enactment of this Act, the General Services Administration and the Defense Logistics Agency shall ensure that the requirement established by the amendment made by subsection (a)(2)(A) has been fully complied with.
SEC. 526. PROCUREMENT AND ACQUISITION OF ALTERNATIVE FUELS.
No Federal agency shall enter into a contract for procurement of an alternative or synthetic fuel, including a fuel produced from nonconventional petroleum sources, for any mobility-related use, other than for research or testing, unless the contract specifies that the lifecycle greenhouse gas emissions associated with the production and combustion of the fuel supplied under the contract must, on an ongoing basis, be less than or equal to such emissions from the equivalent conventional fuel produced from conventional petroleum sources.
SEC. 527. GOVERNMENT EFFICIENCY STATUS REPORTS.
(a) In General- Each Federal agency subject to any of the requirements of this title or the amendments made by this title shall compile and submit to the Director of the Office of Management and Budget an annual Government efficiency status report on--
(1) compliance by the agency with each of the requirements of this title and the amendments made by this title;
(2) the status of the implementation by the agency of initiatives to improve energy efficiency, reduce energy costs, and reduce emissions of greenhouse gases; and
(3) savings to the taxpayers of the United States resulting from mandated improvements under this title and the amendments made by this title.
(b) Submission- The report shall be submitted--
(1) to the Director at such time as the Director requires;
(2) in electronic, not paper, format; and
(3) consistent with related reporting requirements.
SEC. 528. OMB GOVERNMENT EFFICIENCY REPORTS AND SCORECARDS.
(a) Reports- Not later than April 1 of each year, the Director of the Office of Management and Budget shall submit an annual Government efficiency report to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate, which shall contain--
(1) a summary of the information reported by agencies under section 527;
(2) an evaluation of the overall progress of the Federal Government toward achieving the goals of this title and the amendments made by this title; and
(3) recommendations for additional actions necessary to meet the goals of this title and the amendments made by this title.
(b) Scorecards- The Director of the Office of Management and Budget shall include in any annual energy scorecard the Director is otherwise required to submit a description of the compliance of each agency with the requirements of this title and the amendments made by this title.
SEC. 529. ELECTRICITY SECTOR DEMAND RESPONSE.
(a) In General- Title V of the National Energy Conservation Policy Act (42 U.S.C. 8241 et seq.) is amended by adding at the end the following:
‘PART 5--PEAK DEMAND REDUCTION
‘SEC. 571. NATIONAL ACTION PLAN FOR DEMAND RESPONSE.
‘(a) National Assessment and Report- The Federal Energy Regulatory Commission (‘Commission’) shall conduct a National Assessment of Demand Response. The Commission shall, within 18 months of the date of enactment of this part, submit a report to Congress that includes each of the following:
‘(1) Estimation of nationwide demand response potential in 5 and 10 year horizons, including data on a State-by-State basis, and a methodology for updates of such estimates on an annual basis.
‘(2) Estimation of how much of this potential can be achieved within 5 and 10 years after the enactment of this part accompanied by specific policy recommendations that if implemented can achieve the estimated potential. Such recommendations shall include options for funding and/or incentives for the development of demand response resources.
‘(3) The Commission shall further note any barriers to demand response programs offering flexible, non-discriminatory, and fairly compensatory terms for the services and benefits made available, and shall provide recommendations for overcoming such barriers.
‘(4) The Commission shall seek to take advantage of preexisting research and ongoing work, and shall insure that there is no duplication of effort.
‘(1) Identification of requirements for technical assistance to States to allow them to maximize the amount of demand response resources that can be developed and deployed.
‘(2) Design and identification of requirements for implementation of a national communications program that includes broad-based customer education and support.
‘(3) Development or identification of analytical tools, information, model regulatory provisions, model contracts, and other support materials for use by customers, States, utilities and demand response providers.
‘Part 5--Peak Demand Reduction
‘Sec. 571. National Action Plan for Demand Response.’.
Subtitle D--Energy Efficiency of Public Institutions
SEC. 531. REAUTHORIZATION OF STATE ENERGY PROGRAMS.
Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is amended by striking ‘$100,000,000 for each of the fiscal years 2006 and 2007 and $125,000,000 for fiscal year 2008’ and inserting ‘$125,000,000 for each of fiscal years 2007 through 2012’.
SEC. 532. UTILITY ENERGY EFFICIENCY PROGRAMS.
(a) Electric Utilities- 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:
‘(16) INTEGRATED RESOURCE PLANNING- Each electric utility shall--
‘(A) integrate energy efficiency resources into utility, State, and regional plans; and
‘(B) adopt policies establishing cost-effective energy efficiency as a priority resource.
‘(A) IN GENERAL- The rates allowed to be charged by any electric utility shall--
‘(i) align utility incentives with the delivery of cost-effective energy efficiency; and
‘(ii) promote energy efficiency investments.
‘(i) removing the throughput incentive and other regulatory and management disincentives to energy efficiency;
‘(ii) providing utility incentives for the successful management of energy efficiency programs;
‘(iii) including the impact on adoption of energy efficiency as 1 of the goals of retail rate design, recognizing that energy efficiency must be balanced with other objectives;
‘(iv) adopting rate designs that encourage energy efficiency for each customer class;
‘(v) allowing timely recovery of energy efficiency-related costs; and
‘(vi) offering home energy audits, offering demand response programs, publicizing the financial and environmental benefits associated with making home energy efficiency improvements, and educating homeowners about all existing Federal and State incentives, including the availability of low-cost loans, that make energy efficiency improvements more affordable.’.
(b) Natural Gas Utilities- Section 303(b) of the Public Utility Regulatory Policies Act of 1978 (15 U.S.C. 3203(b)) is amended by adding at the end the following:
‘(5) ENERGY EFFICIENCY- Each natural gas utility shall--
‘(A) integrate energy efficiency resources into the plans and planning processes of the natural gas utility; and
‘(B) adopt policies that establish energy efficiency as a priority resource in the plans and planning processes of the natural gas utility.
‘(A) IN GENERAL- The rates allowed to be charged by a natural gas utility shall align utility incentives with the deployment of cost-effective energy efficiency.
‘(B) POLICY OPTIONS- In complying with subparagraph (A), each State regulatory authority and each nonregulated utility shall consider--
‘(i) separating fixed-cost revenue recovery from the volume of transportation or sales service provided to the customer;
‘(ii) providing to utilities incentives for the successful management of energy efficiency programs, such as allowing utilities to retain a portion of the cost-reducing benefits accruing from the programs;
‘(iii) promoting the impact on adoption of energy efficiency as 1 of the goals of retail rate design, recognizing that energy efficiency must be balanced with other objectives; and
‘(iv) adopting rate designs that encourage energy efficiency for each customer class.
(c) Conforming Amendment- Section 303(a) of the Public Utility Regulatory Policies Act of 1978 (15 U.S.C. 3203(a)) is amended by striking ‘and (4)’ inserting ‘(4), (5), and (6)’.
Subtitle E--Energy Efficiency and Conservation Block Grants
SEC. 541. DEFINITIONS.
In this subtitle:
(1) ELIGIBLE ENTITY- The term ‘eligible entity’ means--
(B) an eligible unit of local government; and
(C) an Indian tribe.
(2) ELIGIBLE UNIT OF LOCAL GOVERNMENT- The term ‘eligible unit of local government’ means--
(A) an eligible unit of local government-alternative 1; and
(B) an eligible unit of local government-alternative 2.
(3)(A) ELIGIBLE UNIT OF LOCAL GOVERNMENT-ALTERNATIVE 1- The term ‘eligible unit of local government-alternative 1’ means--
(i) a city with a population--
(I) of at least 35,000; or
(II) that causes the city to be 1 of the 10 highest-populated cities of the State in which the city is located; and
(ii) a county with a population--
(I) of at least 200,000; or
(II) that causes the county to be 1 of the 10 highest-populated counties of the State in which the county is located.
(B) ELIGIBLE UNIT OF LOCAL GOVERNMENT-ALTERNATIVE 2- The term ‘eligible unit of local government-alternative 2’ means--
(i) a city with a population of at least 50,000; or
(ii) a county with a population of at least 200,000.
(4) 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).
(5) PROGRAM- The term ‘program’ means the Energy Efficiency and Conservation Block Grant Program established under section 542(a).
(6) STATE- The term ‘State’ means--
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United States.
SEC. 542. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM.
(a) Establishment- The Secretary shall establish a program, to be known as the ‘Energy Efficiency and Conservation Block Grant Program’, under which the Secretary shall provide grants to eligible entities in accordance with this subtitle.
(b) Purpose- The purpose of the program shall be to assist eligible entities in implementing strategies--
(1) to reduce fossil fuel emissions created as a result of activities within the jurisdictions of eligible entities in a manner that--
(A) is environmentally sustainable; and
(B) to the maximum extent practicable, maximizes benefits for local and regional communities;
(2) to reduce the total energy use of the eligible entities; and
(3) to improve energy efficiency in--
(A) the transportation sector;
(B) the building sector; and
(C) other appropriate sectors.
SEC. 543. ALLOCATION OF FUNDS.
(a) In General- Of amounts made available to provide grants under this subtitle for each fiscal year, the Secretary shall allocate--
(1) 68 percent to eligible units of local government in accordance with subsection (b);
(2) 28 percent to States in accordance with subsection (c);
(3) 2 percent to Indian tribes in accordance with subsection (d); and
(4) 2 percent for competitive grants under section 546.
(b) Eligible Units of Local Government- Of amounts available for distribution to eligible units of local government under subsection (a)(1), the Secretary shall provide grants to eligible units of local government under this section based on a formula established by the Secretary according to--
(1) the populations served by the eligible units of local government, according to the latest available decennial census; and
(2) the daytime populations of the eligible units of local government and other similar factors (such as square footage of commercial, office, and industrial space), as determined by the Secretary.
(c) States- Of amounts available for distribution to States under subsection (a)(2), the Secretary shall provide--
(1) not less than 1.25 percent to each State; and
(2) the remainder among the States, based on a formula to be established by the Secretary that takes into account--
(A) the population of each State; and
(B) any other criteria that the Secretary determines to be appropriate.
(d) Indian Tribes- Of amounts available for distribution to Indian tribes under subsection (a)(3), the Secretary shall establish a formula for allocation of the amounts to Indian tribes, taking into account any factors that the Secretary determines to be appropriate.
(e) Publication of Allocation Formulas- Not later than 90 days before the beginning of each fiscal year for which grants are provided under this subtitle, the Secretary shall publish in the Federal Register the formulas for allocation established under this section.
(f) State and Local Advisory Committee- The Secretary shall establish a State and local advisory committee to advise the Secretary regarding administration, implementation, and evaluation of the program.
SEC. 544. USE OF FUNDS.
An eligible entity may use a grant received under this subtitle to carry out activities to achieve the purposes of the program, including--
(1) development and implementation of an energy efficiency and conservation strategy under section 545(b);
(2) retaining technical consultant services to assist the eligible entity in the development of such a strategy, including--
(A) formulation of energy efficiency, energy conservation, and energy usage goals;
(B) identification of strategies to achieve those goals--
(i) through efforts to increase energy efficiency and reduce energy consumption; and
(ii) by encouraging behavioral changes among the population served by the eligible entity;
(C) development of methods to measure progress in achieving the goals;
(D) development and publication of annual reports to the population served by the eligible entity describing--
(i) the strategies and goals; and
(ii) the progress made in achieving the strategies and goals during the preceding calendar year; and
(E) other services to assist in the implementation of the energy efficiency and conservation strategy;
(3) conducting residential and commercial building energy audits;
(4) establishment of financial incentive programs for energy efficiency improvements;
(5) the provision of grants to nonprofit organizations and governmental agencies for the purpose of performing energy efficiency retrofits;
(6) development and implementation of energy efficiency and conservation programs for buildings and facilities within the jurisdiction of the eligible entity, including--
(A) design and operation of the programs;
(B) identifying the most effective methods for achieving maximum participation and efficiency rates;
(C) public education;
(D) measurement and verification protocols; and
(E) identification of energy efficient technologies;
(7) development and implementation of programs to conserve energy used in transportation, including--
(A) use of flex time by employers;
(B) satellite work centers;
(C) development and promotion of zoning guidelines or requirements that promote energy efficient development;
(D) development of infrastructure, such as bike lanes and pathways and pedestrian walkways;
(E) synchronization of traffic signals; and
(F) other measures that increase energy efficiency and decrease energy consumption;
(8) development and implementation of building codes and inspection services to promote building energy efficiency;
(9) application and implementation of energy distribution technologies that significantly increase energy efficiency, including--
(A) distributed resources; and
(B) district heating and cooling systems;
(10) activities to increase participation and efficiency rates for material conservation programs, including source reduction, recycling, and recycled content procurement programs that lead to increases in energy efficiency;
(11) the purchase and implementation of technologies to reduce, capture, and, to the maximum extent practicable, use methane and other greenhouse gases generated by landfills or similar sources;
(12) replacement of traffic signals and street lighting with energy efficient lighting technologies, including--
(A) light emitting diodes; and
(B) any other technology of equal or greater energy efficiency;
(13) development, implementation, and installation on or in any government building of the eligible entity of onsite renewable energy technology that generates electricity from renewable resources, including--
(C) fuel cells; and
(14) any other appropriate activity, as determined by the Secretary, in consultation with--
(A) the Administrator of the Environmental Protection Agency;
(B) the Secretary of Transportation; and
(C) the Secretary of Housing and Urban Development.
SEC. 545. REQUIREMENTS FOR ELIGIBLE ENTITIES.
(a) Construction Requirement-
(1) IN GENERAL- To be eligible to receive a grant under the program, each eligible applicant shall submit to the Secretary a written assurance that all laborers and mechanics employed by any contractor or subcontractor of the eligible entity during any construction, alteration, or repair activity funded, in whole or in part, by the grant shall be paid wages at rates not less than the prevailing wages for similar construction activities in the locality, as determined by the Secretary of Labor, in accordance with sections 3141 through 3144, 3146, and 3147 of title 40, United States Code.
(2) SECRETARY OF LABOR- With respect to the labor standards referred to in paragraph (1), the Secretary of Labor shall have the authority and functions described in--
(A) Reorganization Plan Numbered 14 of 1950 (5 U.S.C. 903 note); and
(B) section 3145 of title 40, United States Code.
(b) Eligible Units of Local Government and Indian Tribes-
(1) PROPOSED STRATEGY-
(A) IN GENERAL- Not later than 1 year after the date on which an eligible unit of local government or Indian tribe receives a grant under this subtitle, the eligible unit of local government or Indian tribe shall submit to the Secretary a proposed energy efficiency and conservation strategy in accordance with this paragraph.
(B) INCLUSIONS- The proposed strategy under subparagraph (A) shall include--
(i) a description of the goals of the eligible unit of local government or Indian tribe, in accordance with the purposes of this subtitle, for increased energy efficiency and conservation in the jurisdiction of the eligible unit of local government or Indian tribe; and
(ii) a plan for the use of the grant to assist the eligible unit of local government or Indian tribe in achieving those goals, in accordance with section 544.
(C) REQUIREMENTS FOR ELIGIBLE UNITS OF LOCAL GOVERNMENT- In developing the strategy under subparagraph (A), an eligible unit of local government shall--
(i) take into account any plans for the use of funds by adjacent eligible units of local governments that receive grants under the program; and
(ii) coordinate and share information with the State in which the eligible unit of local government is located regarding activities carried out using the grant to maximize the energy efficiency and conservation benefits under this subtitle.
(2) APPROVAL BY SECRETARY-
(A) IN GENERAL- The Secretary shall approve or disapprove a proposed strategy under paragraph (1) by not later than 120 days after the date of submission of the proposed strategy.
(B) DISAPPROVAL- If the Secretary disapproves a proposed strategy under subparagraph (A)--
(i) the Secretary shall provide to the eligible unit of local government or Indian tribe the reasons for the disapproval; and
(ii) the eligible unit of local government or Indian tribe may revise and resubmit the proposed strategy as many times as necessary until the Secretary approves a proposed strategy.
(C) REQUIREMENT- The Secretary shall not provide to an eligible unit of local government or Indian tribe any grant under the program until a proposed strategy of the eligible unit of local government or Indian tribe is approved by the Secretary under this paragraph.
(3) LIMITATIONS ON USE OF FUNDS- Of amounts provided to an eligible unit of local government or Indian tribe under the program, an eligible unit of local government or Indian tribe may use--
(A) for administrative expenses, excluding the cost of meeting the reporting requirements of this subtitle, an amount equal to the greater of--
(i) 10 percent; and
(B) for the establishment of revolving loan funds, an amount equal to the greater of--
(i) 20 percent; and
(C) for the provision of subgrants to nongovernmental organizations for the purpose of assisting in the implementation of the energy efficiency and conservation strategy of the eligible unit of local government or Indian tribe, an amount equal to the greater of--
(i) 20 percent; and
(4) ANNUAL REPORT- Not later than 2 years after the date on which funds are initially provided to an eligible unit of local government or Indian tribe under the program, and annually thereafter, the eligible unit of local government or Indian tribe shall submit to the Secretary a report describing--
(A) the status of development and implementation of the energy efficiency and conservation strategy of the eligible unit of local government or Indian tribe; and
(B) as practicable, an assessment of energy efficiency gains within the jurisdiction of the eligible unit of local government or Indian tribe.
(1) DISTRIBUTION OF FUNDS-
(A) IN GENERAL- A State that receives a grant under the program shall use not less than 60 percent of the amount received to provide subgrants to units of local government in the State that are not eligible units of local government.
(B) DEADLINE- The State shall provide the subgrants required under subparagraph (A) by not later than 180 days after the date on which the Secretary approves a proposed energy efficiency and conservation strategy of the State under paragraph (3).
(2) REVISION OF CONSERVATION PLAN; PROPOSED STRATEGY- Not later than 120 days after the date of enactment of this Act, each State shall--
(A) modify the State energy conservation plan of the State under section 362 of the Energy Policy and Conservation Act (42 U.S.C. 6322) to establish additional goals for increased energy efficiency and conservation in the State; and
(B) submit to the Secretary a proposed energy efficiency and conservation strategy that--
(i) establishes a process for providing subgrants as required under paragraph (1); and
(ii) includes a plan of the State for the use of funds received under the program to assist the State in achieving the goals established under subparagraph (A), in accordance with sections 542(b) and 544.
(3) APPROVAL BY SECRETARY-
(A) IN GENERAL- The Secretary shall approve or disapprove a proposed strategy under paragraph (2)(B) by not later than 120 days after the date of submission of the proposed strategy.
(B) DISAPPROVAL- If the Secretary disapproves a proposed strategy under subparagraph (A)--
(i) the Secretary shall provide to the State the reasons for the disapproval; and
(ii) the State may revise and resubmit the proposed strategy as many times as necessary until the Secretary approves a proposed strategy.
(C) REQUIREMENT- The Secretary shall not provide to a State any grant under the program until a proposed strategy of the State is approved by the Secretary under this paragraph.
(4) LIMITATIONS ON USE OF FUNDS- A State may use not more than 10 percent of amounts provided under the program for administrative expenses.
(5) ANNUAL REPORTS- Each State that receives a grant under the program shall submit to the Secretary an annual report that describes--
(A) the status of development and implementation of the energy efficiency and conservation strategy of the State during the preceding calendar year;
(B) the status of the subgrant program of the State under paragraph (1);
(C) the energy efficiency gains achieved through the energy efficiency and conservation strategy of the State during the preceding calendar year; and
(D) specific energy efficiency and conservation goals of the State for subsequent calendar years.
SEC. 546. COMPETITIVE GRANTS.
(a) In General- Of the total amount made available for each fiscal year to carry out this subtitle, the Secretary shall use not less than 2 percent to provide grants under this section, on a competitive basis, to--
(1) units of local government (including Indian tribes) that are not eligible entities; and
(2) consortia of units of local government described in paragraph (1).
(b) Applications- To be eligible to receive a grant under this section, a unit of local government or consortia shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a plan of the unit of local government to carry out an activity described in section 544.
(c) Priority- In providing grants under this section, the Secretary shall give priority to units of local government--
(1) located in States with populations of less than 2,000,000; or
(2) that plan to carry out projects that would result in significant energy efficiency improvements or reductions in fossil fuel use.
SEC. 547. REVIEW AND EVALUATION.
(a) In General- The Secretary may review and evaluate the performance of any eligible entity that receives a grant under the program, including by conducting an audit, as the Secretary determines to be appropriate.
(b) Withholding of Funds- The Secretary may withhold from an eligible entity any portion of a grant to be provided to the eligible entity under the program if the Secretary determines that the eligible entity has failed to achieve compliance with--
(1) any applicable guideline or regulation of the Secretary relating to the program, including the misuse or misappropriation of funds provided under the program; or
(2) the energy efficiency and conservation strategy of the eligible entity.
SEC. 548. FUNDING.
(a) Authorization of Appropriations-
(1) GRANTS- There is authorized to be appropriated to the Secretary for the provision of grants under the program $2,000,000,000 for each of fiscal years 2008 through 2012; provided that 49 percent of the appropriated funds shall be distributed using the definition of eligible unit of local government-alternative 1 in section 541(3)(A) and 49 percent of the appropriated funds shall be distributed using the definition of eligible unit of local government-alternative 2 in section 541(3)(B).
(2) ADMINISTRATIVE COSTS- There are authorized to be appropriated to the Secretary for administrative expenses of the program--
(A) $20,000,000 for each of fiscal years 2008 and 2009;
(B) $25,000,000 for each of fiscal years 2010 and 2011; and
(C) $30,000,000 for fiscal year 2012.
(b) Maintenance of Funding- The funding provided under this section shall supplement (and not supplant) other Federal funding provided under--
(1) a State energy conservation plan established under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.); or
(2) the Weatherization Assistance Program for Low-Income Persons established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.).
TITLE VI--ACCELERATED RESEARCH AND DEVELOPMENT
Subtitle A--Solar Energy
SEC. 601. SHORT TITLE.
This subtitle may be cited as the ‘Solar Energy Research and Advancement Act of 2007’.
SEC. 602. THERMAL ENERGY STORAGE RESEARCH AND DEVELOPMENT PROGRAM.
(a) Establishment- The Secretary shall establish a program of research and development to provide lower cost and more viable thermal energy storage technologies to enable the shifting of electric power loads on demand and extend the operating time of concentrating solar power electric generating plants.
(b) Authorization of Appropriations- There are authorized to be appropriated to the Secretary for carrying out this section $5,000,000 for fiscal year 2008, $7,000,000 for fiscal year 2009, $9,000,000 for fiscal year 2010, $10,000,000 for fiscal year 2011, and $12,000,000 for fiscal year 2012.
SEC. 603. CONCENTRATING SOLAR POWER COMMERCIAL APPLICATION STUDIES.
(a) Integration- The Secretary shall conduct a study on methods to integrate concentrating solar power and utility-scale photovoltaic systems into regional electricity transmission systems, and to identify new transmission or transmission upgrades needed to bring electricity from high concentrating solar power resource areas to growing electric power load centers throughout the United States. The study shall analyze and assess cost-effective approaches for management and large-scale integration of concentrating solar power and utility-scale photovoltaic systems into regional electric transmission grids to improve electric reliability, to efficiently manage load, and to reduce demand on the natural gas transmission system for electric power. The Secretary shall submit a report to Congress on the results of this study not later than 12 months after the date of enactment of this Act.
(b) Water Consumption- Not later than 6 months after the date of the enactment of this Act, the Secretary of Energy shall transmit to Congress a report on the results of a study on methods to reduce the amount of water consumed by concentrating solar power systems.
SEC. 604. SOLAR ENERGY CURRICULUM DEVELOPMENT AND CERTIFICATION GRANTS.
(a) Establishment- The Secretary shall establish in the Office of Solar Energy Technologies a competitive grant program to create and strengthen solar industry workforce training and internship programs in installation, operation, and maintenance of solar energy products. The goal of this program is to ensure a supply of well-trained individuals to support the expansion of the solar energy industry.
(b) Authorized Activities- Grant funds may be used to support the following activities:
(1) Creation and development of a solar energy curriculum appropriate for the local educational, entrepreneurial, and environmental conditions, including curriculum for community colleges.
(2) Support of certification programs for individual solar energy system installers, instructors, and training programs.
(3) Internship programs that provide hands-on participation by students in commercial applications.
(4) Activities required to obtain certification of training programs and facilities by an industry-accepted quality-control certification program.
(5) Incorporation of solar-specific learning modules into traditional occupational training and internship programs for construction-related trades.
(6) The purchase of equipment necessary to carry out activities under this section.
(7) Support of programs that provide guidance and updates to solar energy curriculum instructors.
(c) Administration of Grants- Grants may be awarded under this section for up to 3 years. The Secretary shall award grants to ensure sufficient geographic distribution of training programs nationally. Grants shall only be awarded for programs certified by an industry-accepted quality-control certification institution, or for new and growing programs with a credible path to certification. Due consideration shall be given to women, underrepresented minorities, and persons with disabilities.
(d) Report- The Secretary shall make public, on the website of the Department or upon request, information on the name and institution for all grants awarded under this section, including a brief description of the project as well as the grant award amount.
(e) Authorization of Appropriations- There are authorized to be appropriated to the Secretary for carrying out this section $10,000,000 for each of the fiscal years 2008 through 2012.
SEC. 605. DAYLIGHTING SYSTEMS AND DIRECT SOLAR LIGHT PIPE TECHNOLOGY.
(a) Establishment- The Secretary shall establish a program of research and development to provide assistance in the demonstration and commercial application of direct solar renewable energy sources to provide alternatives to traditional power generation for lighting and illumination, including light pipe technology, and to promote greater energy conservation and improved efficiency. All direct solar renewable energy devices supported under this program shall have the capability to provide measurable data on the amount of kilowatt-hours saved over the traditionally powered light sources they have replaced.
(b) Reporting- The Secretary shall transmit to Congress an annual report assessing the measurable data derived from each project in the direct solar renewable energy sources program and the energy savings resulting from its use.
(c) Definitions- For purposes of this section--
(1) the term ‘direct solar renewable energy’ means energy from a device that converts sunlight into useable light within a building, tunnel, or other enclosed structure, replacing artificial light generated by a light fixture and doing so without the conversion of the sunlight into another form of energy; and
(2) the term ‘light pipe’ means a device designed to transport visible solar radiation from its collection point to the interior of a building while excluding interior heat gain in the nonheating season.
(d) Authorization of Appropriations- There are authorized to be appropriated to the Secretary for carrying out this section $3,500,000 for each of the fiscal years 2008 through 2012.
SEC. 606. SOLAR AIR CONDITIONING RESEARCH AND DEVELOPMENT PROGRAM.
(a) Establishment- The Secretary shall establish a research, development, and demonstration program to promote less costly and more reliable decentralized distributed solar-powered air conditioning for individuals and businesses.
(b) Authorized Activities- Grants made available under this section may be used to support the following activities:
(1) Advancing solar thermal collectors, including concentrating solar thermal and electric systems, flat plate and evacuated tube collector performance.
(2) Achieving technical and economic integration of solar-powered distributed air-conditioning systems with existing hot water and storage systems for residential applications.
(3) Designing and demonstrating mass manufacturing capability to reduce costs of modular standardized solar-powered distributed air conditioning systems and components.
(4) Improving the efficiency of solar-powered distributed air-conditioning to increase the effectiveness of solar-powered absorption chillers, solar-driven compressors and condensors, and cost-effective precooling approaches.
(5) Researching and comparing performance of solar-powered distributed air conditioning systems in different regions of the country, including potential integration with other onsite systems, such as solar, biogas, geothermal heat pumps, and propane assist or combined propane fuel cells, with a goal to develop site-specific energy production and management systems that ease fuel and peak utility loading.
(c) Cost Sharing- Section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352) shall apply to a project carried out under this section.
(d) Authorization of Appropriations- There are authorized to be appropriated to the Secretary for carrying out this section $2,500,000 for each of the fiscal years 2008 through 2012.
SEC. 607. PHOTOVOLTAIC DEMONSTRATION PROGRAM.
(a) In General- The Secretary shall establish a program of grants to States to demonstrate advanced photovoltaic technology.
(1) ABILITY TO MEET REQUIREMENTS- To receive funding under the program under this section, a State must submit a proposal that demonstrates, to the satisfaction of the Secretary, that the State will meet the requirements of subsection (f).
(2) COMPLIANCE WITH REQUIREMENTS- If a State has received funding under this section for the preceding year, the State must demonstrate, to the satisfaction of the Secretary, that it complied with the requirements of subsection (f) in carrying out the program during that preceding year, and that it will do so in the future, before it can receive further funding under this section.
(c) Competition- The Secretary shall award grants on a competitive basis to the States with the proposals the Secretary considers most likely to encourage the widespread adoption of photovoltaic technologies. The Secretary shall take into consideration the geographic distribution of awards.
(d) Proposals- Not later than 6 months after the date of enactment of this Act, and in each subsequent fiscal year for the life of the program, the Secretary shall solicit proposals from the States to participate in the program under this section.
(e) Competitive Criteria- In awarding funds in a competitive allocation under subsection (c), the Secretary shall consider--
(1) the likelihood of a proposal to encourage the demonstration of, or lower the costs of, advanced photovoltaic technologies; and
(2) the extent to which a proposal is likely to--
(A) maximize the amount of photovoltaics demonstrated;
(B) maximize the proportion of non-Federal cost share; and
(C) limit State administrative costs.
(f) State Program- A program operated by a State with funding under this section shall provide competitive awards for the demonstration of advanced photovoltaic technologies. Each State program shall--
(1) require a contribution of at least 60 percent per award from non-Federal sources, which may include any combination of State, local, and private funds, except that at least 10 percent of the funding must be supplied by the State;
(2) endeavor to fund recipients in the commercial, industrial, institutional, governmental, and residential sectors;
(3) limit State administrative costs to no more than 10 percent of the grant;
(4) report annually to the Secretary on--
(A) the amount of funds disbursed;
(B) the amount of photovoltaics purchased; and
(C) the results of the monitoring under paragraph (5);
(5) provide for measurement and verification of the output of a representative sample of the photovoltaics systems demonstrated throughout the average working life of the systems, or at least 20 years; and
(6) require that applicant buildings must have received an independent energy efficiency audit during the 6-month period preceding the filing of the application.
(g) Unexpended Funds- If a State fails to expend any funds received under this section within 3 years of receipt, such remaining funds shall be returned to the Treasury.
(h) Reports- The Secretary shall report to Congress 5 years after funds are first distributed to the States under this section--
(1) the amount of photovoltaics demonstrated;
(2) the number of projects undertaken;
(3) the administrative costs of the program;
(4) the results of the monitoring under subsection (f)(5); and
(5) the total amount of funds distributed, including a breakdown by State.
(i) Authorization of Appropriations- There are authorized to be appropriated to the Secretary for the purposes of carrying out this section--
(1) $15,000,000 for fiscal year 2008;
(2) $30,000,000 for fiscal year 2009;
(3) $45,000,000 for fiscal year 2010;
(4) $60,000,000 for fiscal year 2011; and
(5) $70,000,000 for fiscal year 2012.
Subtitle B--Geothermal Energy
SEC. 611. SHORT TITLE.
This subtitle may be cited as the ‘Advanced Geothermal Energy Research and Development Act of 2007’.
SEC. 612. DEFINITIONS.
For purposes of this subtitle:
(1) ENGINEERED- When referring to enhanced geothermal systems, the term ‘engineered’ means subjected to intervention, including intervention to address one or more of the following issues:
(A) Lack of effective permeability or porosity or open fracture connectivity within the reservoir.
(B) Insufficient contained geofluid in the reservoir.
(C) A low average geothermal gradient, which necessitates deeper drilling.
(2) ENHANCED GEOTHERMAL SYSTEMS- The term ‘enhanced geothermal systems’ means geothermal reservoir systems that are engineered, as opposed to occurring naturally.
(3) GEOFLUID- The term ‘geofluid’ means any fluid used to extract thermal energy from the Earth which is transported to the surface for direct use or electric power generation, except that such term shall not include oil or natural gas.
(4) GEOPRESSURED RESOURCES- The term ‘geopressured resources’ mean geothermal deposits found in sedimentary rocks under higher than normal pressure and saturated with gas or methane.
(5) GEOTHERMAL- The term ‘geothermal’ refers to heat energy stored in the Earth’s crust that can be accessed for direct use or electric power generation.
(6) HYDROTHERMAL- The term ‘hydrothermal’ refers to naturally occurring subsurface reservoirs of hot water or steam.
(7) SYSTEMS APPROACH- The term ‘systems approach’ means an approach to solving problems or designing systems that attempts to optimize the performance of the overall system, rather than a particular component of the system.
SEC. 613. HYDROTHERMAL RESEARCH AND DEVELOPMENT.
(a) In General- The Secretary shall support programs of research, development, demonstration, and commercial application to expand the use of geothermal energy production from hydrothermal systems, including the programs described in subsection (b).
(1) ADVANCED HYDROTHERMAL RESOURCE TOOLS- The Secretary, in consultation with other appropriate agencies, shall support a program to develop advanced geophysical, geochemical, and geologic tools to assist in locating hidden hydrothermal resources, and to increase the reliability of site characterization before, during, and after initial drilling. The program shall develop new prospecting techniques to assist in prioritization of targets for characterization. The program shall include a field component.
(2) INDUSTRY COUPLED EXPLORATORY DRILLING- The Secretary shall support a program of cost-shared field demonstration programs, to be pursued, simultaneously and independently, in collaboration with industry partners, for the demonstration of advanced technologies and techniques of siting and exploratory drilling for undiscovered resources in a variety of geologic settings. The program shall include incentives to encourage the use of advanced technologies and techniques.
SEC. 614. GENERAL GEOTHERMAL SYSTEMS RESEARCH AND DEVELOPMENT.
(a) Subsurface Components and Systems- The Secretary shall support a program of research, development, demonstration, and commercial application of components and systems capable of withstanding extreme geothermal environments and necessary to cost-effectively develop, produce, and monitor geothermal reservoirs and produce geothermal energy. These components and systems shall include advanced casing systems (expandable tubular casing, low-clearance casing designs, and others), high-temperature cements, high-temperature submersible pumps, and high-temperature packers, as well as technologies for under-reaming, multilateral completions, high-temperature and high-pressure logging, logging while drilling, deep fracture stimulation, and reservoir system diagnostics.
(b) Reservoir Performance Modeling- The Secretary shall support a program of research, development, demonstration, and commercial application of models of geothermal reservoir performance, with an emphasis on accurately modeling performance over time. Models shall be developed to assist both in the development of geothermal reservoirs and to more accurately account for stress-related effects in stimulated hydrothermal and enhanced geothermal systems production environments.
(c) Environmental Impacts- The Secretary shall--
(1) support a program of research, development, demonstration, and commercial application of technologies and practices designed to mitigate or preclude potential adverse environmental impacts of geothermal energy development, production or use, and seek to ensure that geothermal energy development is consistent with the highest practicable standards of environmental stewardship;
(2) in conjunction with the Assistant Administrator for Research and Development at the Environmental Protection Agency, support a research program to identify potential environmental impacts of geothermal energy development, production, and use, and ensure that the program described in paragraph (1) addresses such impacts, including effects on groundwater and local hydrology; and
(3) support a program of research to compare the potential environmental impacts identified as part of the development, production, and use of geothermal energy with the potential emission reductions of greenhouse gases gained by geothermal energy development, production, and use.
SEC. 615. ENHANCED GEOTHERMAL SYSTEMS RESEARCH AND DEVELOPMENT.
(a) In General- The Secretary shall support a program of research, development, demonstration, and commercial application for enhanced geothermal systems, including the programs described in subsection (b).
(1) ENHANCED GEOTHERMAL SYSTEMS TECHNOLOGIES- The Secretary shall support a program of research, development, demonstration, and commercial application of the technologies and knowledge necessary for enhanced geothermal systems to advance to a state of commercial readiness, including advances in--
(A) reservoir stimulation;
(B) reservoir characterization, monitoring, and modeling;
(C) stress mapping;
(D) tracer development;
(E) three-dimensional tomography; and
(F) understanding seismic effects of reservoir engineering and stimulation.
(2) ENHANCED GEOTHERMAL SYSTEMS RESERVOIR STIMULATION-
(A) PROGRAM- In collaboration with industry partners, the Secretary shall support a program of research, development, and demonstration of enhanced geothermal systems reservoir stimulation technologies and techniques. A minimum of 4 sites shall be selected in locations that show particular promise for enhanced geothermal systems development. Each site shall--
(i) represent a different class of subsurface geologic environments; and
(ii) take advantage of an existing site where subsurface characterization has been conducted or existing drill holes can be utilized, if possible.
(B) CONSIDERATION OF EXISTING SITE- The Desert Peak, Nevada, site, where a Department of Energy and industry cooperative enhanced geothermal systems project is already underway, may be considered for inclusion among the sites selected under subparagraph (A).
SEC. 616. GEOTHERMAL ENERGY PRODUCTION FROM OIL AND GAS FIELDS AND RECOVERY AND PRODUCTION OF GEOPRESSURED GAS RESOURCES.
(a) In General- The Secretary shall establish a program of research, development, demonstration, and commercial application to support development of geothermal energy production from oil and gas fields and production and recovery of energy, including electricity, from geopressured resources. In addition, the Secretary shall conduct such supporting activities including research, resource characterization, and technology development as necessary.
(b) Geothermal Energy Production From Oil and Gas Fields- The Secretary shall implement a grant program in support of geothermal energy production from oil and gas fields. The program shall include grants for a total of not less than three demonstration projects of the use of geothermal techniques such as advanced organic rankine cycle systems at marginal, unproductive, and productive oil and gas wells. The Secretary shall, to the extent practicable and in the public interest, make awards that--
(1) include not less than five oil or gas well sites per project award;
(2) use a range of oil or gas well hot water source temperatures from 150 degrees Fahrenheit to 300 degrees Fahrenheit;
(3) cover a range of sizes up to one megawatt;
(4) are located at a range of sites;
(5) can be replicated at a wide range of sites;
(6) facilitate identification of optimum techniques among competing alternatives;
(7) include business commercialization plans that have the potential for production of equipment at high volumes and operation and support at a large number of sites; and
(8) satisfy other criteria that the Secretary determines are necessary to carry out the program and collect necessary data and information.
The Secretary shall give preference to assessments that address multiple elements contained in paragraphs (1) through (8).
(c) Grant Awards- Each grant award for demonstration of geothermal technology such as advanced organic rankine cycle systems at oil and gas wells made by the Secretary under subsection (b) shall include--
(1) necessary and appropriate site engineering study;
(2) detailed economic assessment of site specific conditions;
(3) appropriate feasibility studies to determine whether the demonstration can be replicated;
(4) design or adaptation of existing technology for site specific circumstances or conditions;
(5) installation of equipment, service, and support;
(6) operation for a minimum of 1 year and monitoring for the duration of the demonstration; and
(7) validation of technical and economic assumptions and documentation of lessons learned.
(d) Geopressured Gas Resource Recovery and Production- (1) The Secretary shall implement a program to support the research, development, demonstration, and commercial application of cost-effective techniques to produce energy from geopressured resources.
(2) The Secretary shall solicit preliminary engineering designs for geopressured resources production and recovery facilities.
(3) Based upon a review of the preliminary designs, the Secretary shall award grants, which may be cost-shared, to support the detailed development and completion of engineering, architectural and technical plans needed to support construction of new designs.
(4) Based upon a review of the final design plans above, the Secretary shall award cost-shared development and construction grants for demonstration geopressured production facilities that show potential for economic recovery of the heat, kinetic energy and gas resources from geopressured resources.
(e) Competitive Grant Selection- Not less than 90 days after the date of the enactment of this Act, the Secretary shall conduct a national solicitation for applications for grants under the programs outlined in subsections (b) and (d). Grant recipients shall be selected on a competitive basis based on criteria in the respective subsection.
(f) Well Drilling- No funds may be used under this section for the purpose of drilling new wells.
SEC. 617. COST SHARING AND PROPOSAL EVALUATION.
(a) Federal Share- The Federal share of costs of projects funded under this subtitle shall be in accordance with section 988 of the Energy Policy Act of 2005.
(b) Organization and Administration of Programs- Programs under this subtitle shall incorporate the following elements:
(1) The Secretary shall coordinate with, and where appropriate may provide funds in furtherance of the purposes of this subtitle to, other Department of Energy research and development programs focused on drilling, subsurface characterization, and other related technologies.
(2) In evaluating proposals, the Secretary shall give priority to proposals that demonstrate clear evidence of employing a systems approach.
(3) The Secretary shall coordinate and consult with the appropriate Federal land management agencies in selecting proposals for funding under this subtitle.
(4) Nothing in this subtitle shall be construed to alter or affect any law relating to the management or protection of Federal lands.
SEC. 618. CENTER FOR GEOTHERMAL TECHNOLOGY TRANSFER.
(a) In General- The Secretary shall award to an institution of higher education (or consortium thereof) a grant to establish a Center for Geothermal Technology Transfer (referred to in this section as the ‘Center’).
(b) Duties- The Center shall--
(1) serve as an information clearinghouse for the geothermal industry by collecting and disseminating information on best practices in all areas relating to developing and utilizing geothermal resources;
(2) make data collected by the Center available to the public; and
(3) seek opportunities to coordinate efforts and share information with domestic and international partners engaged in research and development of geothermal systems and related technology.
(c) Selection Criteria- In awarding the grant under subsection (a) the Secretary shall select an institution of higher education (or consortium thereof) best suited to provide national leadership on geothermal related issues and perform the duties enumerated under subsection (b).
(d) Duration of Grant- A grant made under subsection (a)--
(1) shall be for an initial period of 5 years; and
(2) may be renewed for additional 5-year periods on the basis of--
(A) satisfactory performance in meeting the duties outlined in subsection (b); and
(B) any other requirements specified by the Secretary.
SEC. 619. GEOPOWERING AMERICA.
The Secretary shall expand the Department of Energy’s GeoPowering the West program to extend its geothermal technology transfer activities throughout the entire United States. The program shall be renamed ‘GeoPowering America’. The program shall continue to be based in the Department of Energy office in Golden, Colorado.
SEC. 620. EDUCATIONAL PILOT PROGRAM.
The Secretary shall seek to award grant funding, on a competitive basis, to an institution of higher education for a geothermal-powered energy generation facility on the institution’s campus. The purpose of the facility shall be to provide electricity and space heating. The facility shall also serve as an educational resource to students in relevant fields of study, and the data generated by the facility shall be available to students and the general public. The total funding award shall not exceed $2,000,000.
SEC. 621. REPORTS.
(a) Reports on Advanced Uses of Geothermal Energy- Not later than 3 years and 5 years after the date of enactment of this Act, the Secretary shall report to the Committee on Science and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on advanced concepts and technologies to maximize the geothermal resource potential of the United States. The reports shall include--
(1) the use of carbon dioxide as an alternative geofluid with potential carbon sequestration benefits;
(2) mineral recovery from geofluids;
(3) use of geothermal energy to produce hydrogen;
(4) use of geothermal energy to produce biofuels;
(5) use of geothermal heat for oil recovery from oil shales and tar sands; and
(6) other advanced geothermal technologies, including advanced drilling technologies and advanced power conversion technologies.
(b) Progress Reports- (1) Not later than 36 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Science and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an interim report describing the progress made under this subtitle. At the end of 60 months, the Secretary shall submit to Congress a report on the results of projects undertaken under this subtitle and other such information the Secretary considers appropriate.
(2) As necessary, the Secretary shall report to the Congress on any legal, regulatory, or other barriers encountered that hinder economic development of these resources, and provide recommendations on legislative or other actions needed to address such impediments.
SEC. 622. APPLICABILITY OF OTHER LAWS.
Nothing in this subtitle shall be construed as waiving, modifying, or superseding the applicability of any requirement under any environmental or other Federal or State law. To the extent that activities authorized in this subtitle take place in coastal and ocean areas, the Secretary shall consult with the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere, regarding the potential marine environmental impacts and measures to address such impacts.
SEC. 623. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry out this subtitle $90,000,000 for each of the fiscal years 2008 through 2012, of which $10,000,000 for each fiscal year shall be for carrying out section 616. There are also authorized to be appropriated to the Secretary for the Intermountain West Geothermal Consortium $5,000,000 for each of the fiscal years 2008 through 2012.
SEC. 624. INTERNATIONAL GEOTHERMAL ENERGY DEVELOPMENT.
(a) In General- The Secretary of Energy, in coordination with other appropriate Federal and multilateral agencies (including the United States Agency for International Development) shall support international collaborative efforts to promote the research, development, and deployment of geothermal technologies used to develop hydrothermal and enhanced geothermal system resources, including as partners (as appropriate) the African Rift Geothermal Development Facility, Australia, China, France, the Republic of Iceland, India, Japan, and the United Kingdom.
(b) United States Trade and Development Agency- The Director of the United States Trade and Development Agency may--
(1) encourage participation by United States firms in actions taken to carry out subsection (a); and
(2) provide grants and other financial support for feasibility and resource assessment studies conducted in, or intended to benefit, less developed countries.
(c) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2008 through 2012.
SEC. 625. HIGH COST REGION GEOTHERMAL ENERGY GRANT PROGRAM.
(a) Definitions- In this section:
(1) ELIGIBLE ENTITY- The term ‘eligible entity’ means--
(B) an electric cooperative;
(D) a political subdivision of a State;
(E) an Indian tribe; or
(F) a Native corporation.
(2) HIGH-COST REGION- The term ‘high-cost region’ means a region in which the average cost of electrical power exceeds 150 percent of the national average retail cost, as determined by the Secretary.
(b) Program- The Secretary shall use amounts made available to carry out this section to make grants to eligible entities for activities described in subsection (c).
(c) Eligible Activities- An eligible entity may use grant funds under this section, with respect to a geothermal energy project in a high-cost region, only--
(1) to conduct a feasibility study, including a study of exploration, geochemical testing, geomagnetic surveys, geologic information gathering, baseline environmental studies, well drilling, resource characterization, permitting, and economic analysis;
(2) for design and engineering costs, relating to the project; and
(3) to demonstrate and promote commercial application of technologies related to geothermal energy as part of the project.
(d) Cost Sharing- The cost-sharing requirements of section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352) shall apply to any project carried out under this section.
(e) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.
Subtitle C--Marine and Hydrokinetic Renewable Energy Technologies
SEC. 631. SHORT TITLE.
This subtitle may be cited as the ‘Marine and Hydrokinetic Renewable Energy Research and Development Act’.
SEC. 632. DEFINITION.
For purposes of this subtitle, the term ‘marine and hydrokinetic renewable energy’ means electrical energy from--
(1) waves, tides, and currents in oceans, estuaries, and tidal areas;
(2) free flowing water in rivers, lakes, and streams;
(3) free flowing water in man-made channels; and
(4) differentials in ocean temperature (ocean thermal energy conversion).
The term ‘marine and hydrokinetic renewable energy’ does not include energy from any source that uses a dam, diversionary structure, or impoundment for electric power purposes.
SEC. 633. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND DEVELOPMENT.
(a) In General- The Secretary, in consultation with the Secretary of the Interior and the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere, shall establish a program of research, development, demonstration, and commercial application to expand marine and hydrokinetic renewable energy production, including programs to--
(1) study and compare existing marine and hydrokinetic renewable energy technologies;
(2) research, develop, and demonstrate marine and hydrokinetic renewable energy systems and technologies;
(3) reduce the manufacturing and operation costs of marine and hydrokinetic renewable energy technologies;
(4) investigate efficient and reliable integration with the utility grid and intermittency issues;
(5) advance wave forecasting technologies;
(6) conduct experimental and numerical modeling for optimization of marine energy conversion devices and arrays;
(7) increase the reliability and survivability of marine and hydrokinetic renewable energy technologies, including development of corrosive-resistant materials;
(8) identify, in conjunction with the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere, and other Federal agencies as appropriate, the potential environmental impacts, including potential impacts on fisheries and other marine resources, of marine and hydrokinetic renewable energy technologies, measures to prevent adverse impacts, and technologies and other means available for monitoring and determining environmental impacts;
(9) identify, in conjunction with the Secretary of the Department in which the United States Coast Guard is operating, acting through the Commandant of the United States Coast Guard, the potential navigational impacts of marine and hydrokinetic renewable energy technologies and measures to prevent adverse impacts on navigation;
(10) develop power measurement standards for marine and hydrokinetic renewable energy;
(11) develop identification standards for marine and hydrokinetic renewable energy devices;
(12) address standards development, demonstration, and technology transfer for advanced systems engineering and system integration methods to identify critical interfaces;
(13) identifying opportunities for cross fertilization and development of economies of scale between other renewable sources and marine and hydrokinetic renewable energy sources; and
(14) providing public information and opportunity for public comment concerning all technologies.
(b) Report- Not later than 18 months after the date of enactment of this Act, the Secretary, in conjunction with the Secretary of Commerce, acting through the Undersecretary of Commerce for Oceans and Atmosphere, and the Secretary of the Interior, shall provide to the Congress a report that addresses--
(1) the potential environmental impacts, including impacts to fisheries and marine resources, of marine and hydrokinetic renewable energy technologies;
(2) options to prevent adverse environmental impacts;
(3) the potential role of monitoring and adaptive management in identifying and addressing any adverse environmental impacts; and
(4) the necessary components of such an adaptive management program.
SEC. 634. NATIONAL MARINE RENEWABLE ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION CENTERS.
(a) Centers- The Secretary shall award grants to institutions of higher education (or consortia thereof) for the establishment of 1 or more National Marine Renewable Energy Research, Development, and Demonstration Centers. In selecting locations for Centers, the Secretary shall consider sites that meet one of the following criteria:
(1) Hosts an existing marine renewable energy research and development program in coordination with an engineering program at an institution of higher education.
(2) Has proven expertise to support environmental and policy-related issues associated with harnessing of energy in the marine environment.
(3) Has access to and utilizes the marine resources in the Gulf of Mexico, the Atlantic Ocean, or the Pacific Ocean.
The Secretary may give special consideration to historically black colleges and universities and land grant universities that also meet one of these criteria. In establishing criteria for the selection of the Centers, the Secretary shall consult with the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere, on the criteria related to ocean waves, tides, and currents including those for advancing wave forecasting technologies, ocean temperature differences, and studying the compatibility of marine renewable energy technologies and systems with the environment, fisheries, and other marine resources.
(b) Purposes- The Centers shall advance research, development, demonstration, and commercial application of marine renewable energy, and shall serve as an information clearinghouse for the marine renewable energy industry, collecting and disseminating information on best practices in all areas related to developing and managing enhanced marine renewable energy systems resources.
(c) Demonstration of Need- When applying for a grant under this section, an applicant shall include a description of why Federal support is necessary for the Center, including evidence that the research of the Center will not be conducted in the absence of Federal support.
SEC. 635. APPLICABILITY OF OTHER LAWS.
Nothing in this subtitle shall be construed as waiving, modifying, or superseding the applicability of any requirement under any environmental or other Federal or State law.
SEC. 636. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry out this subtitle $50,000,000 for each of the fiscal years 2008 through 2012, except that no funds shall be appropriated under this section for activities that are receiving funds under section 931(a)(2)(E)(i) of the Energy Policy Act of 2005 (42 U.S.C. 16231(a)(2)(E)(i)).
Subtitle D--Energy Storage for Transportation and Electric Power
SEC. 641. ENERGY STORAGE COMPETITIVENESS.
(a) Short Title- This section may be cited as the ‘United States Energy Storage Competitiveness Act of 2007’.
(b) Definitions- In this section:
(1) COUNCIL- The term ‘Council’ means the Energy Storage Advisory Council established under subsection (e).
(2) COMPRESSED AIR ENERGY STORAGE- The term ‘compressed air energy storage’ means, in the case of an electricity grid application, the storage of energy through the compression of air.
(3) ELECTRIC DRIVE VEHICLE- The term ‘electric drive vehicle’ means--
(A) a vehicle that uses an electric motor for all or part of the motive power of the vehicle, including battery electric, hybrid electric, plug-in hybrid electric, fuel cell, and plug-in fuel cell vehicles and rail transportation vehicles; or
(B) mobile equipment that uses an electric motor to replace an internal combustion engine for all or part of the work of the equipment.
(4) ISLANDING- The term ‘islanding’ means a distributed generator or energy storage device continuing to power a location in the absence of electric power from the primary source.
(5) FLYWHEEL- The term ‘flywheel’ means, in the case of an electricity grid application, a device used to store rotational kinetic energy.
(6) MICROGRID- The term ‘microgrid’ means an integrated energy system consisting of interconnected loads and distributed energy resources (including generators and energy storage devices), which as an integrated system can operate in parallel with the utility grid or in an intentional islanding mode.
(7) SELF-HEALING GRID- The term ‘self-healing grid’ means a grid that is capable of automatically anticipating and responding to power system disturbances (including the isolation of failed sections and components), while optimizing the performance and service of the grid to customers.
(8) SPINNING RESERVE SERVICES- The term ‘spinning reserve services’ means a quantity of electric generating capacity in excess of the quantity needed to meet peak electric demand.
(9) ULTRACAPACITOR- The term ‘ultracapacitor’ means an energy storage device that has a power density comparable to a conventional capacitor but is capable of exceeding the energy density of a conventional capacitor by several orders of magnitude.
(c) Program- The Secretary shall carry out a research, development, and demonstration program to support the ability of the United States to remain globally competitive in energy storage systems for electric drive vehicles, stationary applications, and electricity transmission and distribution.
(d) Coordination- In carrying out the activities of this section, the Secretary shall coordinate relevant efforts with appropriate Federal agencies, including the Department of Transportation.
(e) Energy Storage Advisory Council-
(1) ESTABLISHMENT- Not later than 90 days after the date of enactment of this Act, the Secretary shall establish an Energy Storage Advisory Council.
(A) IN GENERAL- Subject to subparagraph (B), the Council shall consist of not less than 15 individuals appointed by the Secretary, based on recommendations of the National Academy of Sciences.
(B) ENERGY STORAGE INDUSTRY- The Council shall consist primarily of representatives of the energy storage industry of the United States.
(C) CHAIRPERSON- The Secretary shall select a Chairperson for the Council from among the members appointed under subparagraph (A).
(A) IN GENERAL- The Council shall meet not less than once a year.
(B) FEDERAL ADVISORY COMMITTEE ACT- The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to a meeting of the Council.
(4) PLANS- No later than 1 year after the date of enactment of this Act and every 5 years thereafter, the Council, in conjunction with the Secretary, shall develop a 5-year plan for integrating basic and applied research so that the United States retains a globally competitive domestic energy storage industry for electric drive vehicles, stationary applications, and electricity transmission and distribution.
(5) REVIEW- The Council shall--
(A) assess, every 2 years, the performance of the Department in meeting the goals of the plans developed under paragraph (4); and
(B) make specific recommendations to the Secretary on programs or activities that should be established or terminated to meet those goals.
(f) Basic Research Program-
(1) BASIC RESEARCH- The Secretary shall conduct a basic research program on energy storage systems to support electric drive vehicles, stationary applications, and electricity transmission and distribution, including--
(A) materials design;
(B) materials synthesis and characterization;
(C) electrode-active materials, including electrolytes and bioelectrolytes;
(D) surface and interface dynamics;
(E) modeling and simulation; and
(F) thermal behavior and life degradation mechanisms.
(2) NANOSCIENCE CENTERS- The Secretary, in cooperation with the Council, shall coordinate the activities of the nanoscience centers of the Department to help the energy storage research centers of the Department maintain a globally competitive posture in energy storage systems for electric drive vehicles, stationary applications, and electricity transmission and distribution.
(3) FUNDING- For activities carried out under this subsection, in addition to funding activities at National Laboratories, the Secretary shall award funds to, and coordinate activities with, a range of stakeholders including the public, private, and academic sectors.
(g) Applied Research Program-
(1) IN GENERAL- The Secretary shall conduct an applied research program on energy storage systems to support electric drive vehicles, stationary applications, and electricity transmission and distribution technologies, including--
(C) batteries and battery systems (including flow batteries);
(D) compressed air energy systems;
(E) power conditioning electronics;
(F) manufacturing technologies for energy storage systems;
(G) thermal management systems; and
(H) hydrogen as an energy storage medium.
(2) FUNDING- For activities carried out under this subsection, in addition to funding activities at National Laboratories, the Secretary shall provide funds to, and coordinate activities with, a range of stakeholders, including the public, private, and academic sectors.
(h) Energy Storage Research Centers-
(1) IN GENERAL- The Secretary shall establish, through competitive bids, not more than 4 energy storage research centers to translate basic research into applied technologies to advance the capability of the United States to maintain a globally competitive posture in energy storage systems for electric drive vehicles, stationary applications, and electricity transmission and distribution.
(2) PROGRAM MANAGEMENT- The centers shall be managed by the Under Secretary for Science of the Department.
(3) PARTICIPATION AGREEMENTS- As a condition of participating in a center, a participant shall enter into a participation agreement with the center that requires that activities conducted by the participant for the center promote the goal of enabling the United States to compete successfully in global energy storage markets.
(4) PLANS- A center shall conduct activities that promote the achievement of the goals of the plans of the Council under subsection (e)(4).
(5) NATIONAL LABORATORIES- A national laboratory (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)) may participate in a center established under this subsection, including a cooperative research and development agreement (as defined in section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d))).
(6) DISCLOSURE- Section 623 of the Energy Policy Act of 1992 (42 U.S.C. 13293) may apply to any project carried out through a grant, contract, or cooperative agreement under this subsection.
(7) INTELLECTUAL PROPERTY- In accordance with section 202(a)(ii) of title 35, United States Code, section 152 of the Atomic Energy Act of 1954 (42 U.S.C. 2182), and section 9 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5908), the Secretary may require, for any new invention developed under this subsection, that--
(A) if an industrial participant is active in a energy storage research center established under this subsection relating to the advancement of energy storage technologies carried out, in whole or in part, with Federal funding, the industrial participant be granted the first option to negotiate with the invention owner, at least in the field of energy storage technologies, nonexclusive licenses, and royalties on terms that are reasonable, as determined by the Secretary;
(B) if 1 or more industry participants are active in a center, during a 2-year period beginning on the date on which an invention is made--
(i) the patent holder shall not negotiate any license or royalty agreement with any entity that is not an industrial participant under this subsection; and
(ii) the patent holder shall negotiate nonexclusive licenses and royalties in good faith with any interested industrial participant under this subsection; and
(C) the new invention be developed under such other terms as the Secretary determines to be necessary to promote the accelerated commercialization of inventions made under this subsection to advance the capability of the United States to successfully compete in global energy storage markets.
(i) Energy Storage Systems Demonstrations-
(1) IN GENERAL- The Secretary shall carry out a program of new demonstrations of advanced energy storage systems.
(2) SCOPE- The demonstrations shall--
(A) be regionally diversified; and
(B) expand on the existing technology demonstration program of the Department.
(3) STAKEHOLDERS- In carrying out the demonstrations, the Secretary shall, to the maximum extent practicable, include the participation of a range of stakeholders, including--
(A) rural electric cooperatives;
(B) investor owned utilities;
(C) municipally owned electric utilities;
(D) energy storage systems manufacturers;
(E) electric drive vehicle manufacturers;
(F) the renewable energy production industry;
(G) State or local energy offices;
(H) the fuel cell industry; and
(I) institutions of higher education.
(4) OBJECTIVES- Each of the demonstrations shall include 1 or more of the following:
(A) Energy storage to improve the feasibility of microgrids or islanding, or transmission and distribution capability, to improve reliability in rural areas.
(B) Integration of an energy storage system with a self-healing grid.
(C) Use of energy storage to improve security to emergency response infrastructure and ensure availability of emergency backup power for consumers.
(D) Integration with a renewable energy production source, at the source or away from the source.
(E) Use of energy storage to provide ancillary services, such as spinning reserve services, for grid management.
(F) Advancement of power conversion systems to make the systems smarter, more efficient, able to communicate with other inverters, and able to control voltage.
(G) Use of energy storage to optimize transmission and distribution operation and power quality, which could address overloaded lines and maintenance of transformers and substations.
(H) Use of advanced energy storage for peak load management of homes, businesses, and the grid.
(I) Use of energy storage devices to store energy during nonpeak generation periods to make better use of existing grid assets.
(j) Vehicle Energy Storage Demonstration-
(1) IN GENERAL- The Secretary shall carry out a program of electric drive vehicle energy storage technology demonstrations.
(2) CONSORTIA- The technology demonstrations shall be conducted through consortia, which may include--
(A) energy storage systems manufacturers and suppliers of the manufacturers;
(B) electric drive vehicle manufacturers;
(C) rural electric cooperatives;
(D) investor owned utilities;
(E) municipal and rural electric utilities;
(F) State and local governments;
(G) metropolitan transportation authorities; and
(H) institutions of higher education.
(3) OBJECTIVES- The program shall demonstrate 1 or more of the following:
(A) Novel, high capacity, high efficiency energy storage, charging, and control systems, along with the collection of data on performance characteristics, such as battery life, energy storage capacity, and power delivery capacity.
(B) Advanced onboard energy management systems and highly efficient battery cooling systems.
(C) Integration of those systems on a prototype vehicular platform, including with drivetrain systems for passenger, commercial, and nonroad electric drive vehicles.
(D) New technologies and processes that reduce manufacturing costs.
(E) Integration of advanced vehicle technologies with electricity distribution system and smart metering technology.
(F) Control systems that minimize emissions profiles in cases in which clean diesel engines are part of a plug-in hybrid drive system.
(k) Secondary Applications and Disposal of Electric Drive Vehicle Batteries- The Secretary shall carry out a program of research, development, and demonstration of--
(1) secondary applications of energy storage devices following service in electric drive vehicles; and
(2) technologies and processes for final recycling and disposal of the devices.
(l) Cost Sharing- The Secretary shall carry out the programs established under this section in accordance with section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352).
(m) Merit Review of Proposals- The Secretary shall carry out the programs established under subsections (i), (j), and (k) in accordance with section 989 of the Energy Policy Act of 2005 (42 U.S.C. 16353).
(n) Coordination and Nonduplication- To the maximum extent practicable, the Secretary shall coordinate activities under this section with other programs and laboratories of the Department and other Federal research programs.
(o) Review by National Academy of Sciences- On the business day that is 5 years after the date of enactment of this Act, the Secretary shall offer to enter into an arrangement with the National Academy of Sciences to assess the performance of the Department in carrying out this section.
(p) Authorization of Appropriations- There are authorized to be appropriated to carry out--
(1) the basic research program under subsection (f) $50,000,000 for each of fiscal years 2009 through 2018;
(2) the applied research program under subsection (g) $80,000,000 for each of fiscal years 2009 through 2018; and;
(3) the energy storage research center program under subsection (h) $100,000,000 for each of fiscal years 2009 through 2018;
(4) the energy storage systems demonstration program under subsection (i) $30,000,000 for each of fiscal years 2009 through 2018;
(5) the vehicle energy storage demonstration program under subsection (j) $30,000,000 for each of fiscal years 2009 through 2018; and
(6) the secondary applications and disposal of electric drive vehicle batteries program under subsection (k) $5,000,000 for each of fiscal years 2009 through 2018.
Subtitle E--Miscellaneous Provisions
SEC. 651. LIGHTWEIGHT MATERIALS RESEARCH AND DEVELOPMENT.
(a) In General- As soon as practicable after the date of enactment of this Act, the Secretary of Energy shall establish a program to determine ways in which the weight of motor vehicles could be reduced to improve fuel efficiency without compromising passenger safety by conducting research, development, and demonstration relating to--
(1) the development of new materials (including cast metal composite materials formed by autocombustion synthesis) and material processes that yield a higher strength-to-weight ratio or other properties that reduce vehicle weight; and
(2) reducing the cost of--
(A) lightweight materials (including high-strength steel alloys, aluminum, magnesium, metal composites, and carbon fiber reinforced polymer composites) with the properties required for construction of lighter-weight vehicles; and
(B) materials processing, automated manufacturing, joining, and recycling lightweight materials for high-volume applications.
(b) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $80,000,000 for the period of fiscal years 2008 through 2012.
SEC. 652. COMMERCIAL INSULATION DEMONSTRATION PROGRAM.
(a) Definitions- In this section:
(1) ADVANCED INSULATION- The term ‘advanced insulation’ means insulation that has an R value of not less than R35 per inch.
(2) COVERED REFRIGERATION UNIT- The term ‘covered refrigeration unit’ means any--
(A) commercial refrigerated truck;
(B) commercial refrigerated trailer; or
(C) commercial refrigerator, freezer, or refrigerator-freezer described in section 342(c) of the Energy Policy and Conservation Act (42 U.S.C. 6313(c)).
(b) Report- Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to Congress a report that includes an evaluation of--
(1) the state of technological advancement of advanced insulation; and
(2) the projected amount of cost savings that would be generated by implementing advanced insulation into covered refrigeration units.
(c) Demonstration Program-
(1) ESTABLISHMENT- If the Secretary determines in the report described in subsection (b) that the implementation of advanced insulation into covered refrigeration units would generate an economically justifiable amount of cost savings, the Secretary, in cooperation with manufacturers of covered refrigeration units, shall establish a demonstration program under which the Secretary shall demonstrate the cost-effectiveness of advanced insulation.
(2) DISCLOSURE- The Secretary may, for a period of up to 5 years after an award is granted under the demonstration program, exempt from mandatory disclosure under section 552 of title 5, United States Code (popularly known as the Freedom of Information Act) information that the Secretary determines would be a privileged or confidential trade secret or commercial or financial information under subsection (b)(4) of such section if the information had been obtained from a non-Government party.
(3) COST-SHARING- Section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352) shall apply to any project carried out under this subsection.
(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $8,000,000 for the period of fiscal years 2009 through 2014.
SEC. 653. TECHNICAL CRITERIA FOR CLEAN COAL POWER INITIATIVE.
Section 402(b)(1)(B)(ii) of the Energy Policy Act of 2005 (42 U.S.C. 15962(b)(1)(B)(ii)) is amended by striking subclause (I) and inserting the following:
‘(I)(aa) to remove at least 99 percent of sulfur dioxide; or
‘(bb) to emit not more than 0.04 pound SO2 per million Btu, based on a 30-day average;’.
SEC. 654. H-PRIZE.
Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396) is amended by adding at the end the following new subsection:
‘(1) PRIZE AUTHORITY-
‘(A) IN GENERAL- As part of the program under this section, the Secretary shall carry out a program to competitively award cash prizes in conformity with this subsection to advance the research, development, demonstration, and commercial application of hydrogen energy technologies.
‘(B) ADVERTISING AND SOLICITATION OF COMPETITORS-
‘(i) ADVERTISING- The Secretary shall widely advertise prize competitions under this subsection to encourage broad participation, including by individuals, universities (including historically Black colleges and universities and other minority serving institutions), and large and small businesses (including businesses owned or controlled by socially and economically disadvantaged persons).
‘(ii) ANNOUNCEMENT THROUGH FEDERAL REGISTER NOTICE- The Secretary shall announce each prize competition under this subsection by publishing a notice in the Federal Register. This notice shall include essential elements of the competition such as the subject of the competition, the duration of the competition, the eligibility requirements for participation in the competition, the process for participants to register for the competition, the amount of the prize, and the criteria for awarding the prize.
‘(i) advertising prize competitions under this subsection and their results;
‘(ii) raising funds from private entities and individuals to pay for administrative costs and to contribute to cash prizes, including funds provided in exchange for the right to name a prize awarded under this subsection;
‘(iii) developing, in consultation with and subject to the final approval of the Secretary, the criteria for selecting winners in prize competitions under this subsection, based on goals provided by the Secretary;
‘(iv) determining, in consultation with the Secretary, the appropriate amount and funding sources for each prize to be awarded under this subsection, subject to the final approval of the Secretary with respect to Federal funding;
‘(v) providing advice and consultation to the Secretary on the selection of judges in accordance with paragraph (2)(D), using criteria developed in consultation with and subject to the final approval of the Secretary; and
‘(vi) protecting against the administering entity’s unauthorized use or disclosure of a registered participant’s trade secrets and confidential business information. Any information properly identified as trade secrets or confidential business information that is submitted by a participant as part of a competitive program under this subsection may be withheld from public disclosure.
‘(i) notice of the increase is provided in the same manner as the initial notice of the prize; and
‘(ii) the funds needed to pay out the announced amount of the increase have been appropriated or committed in writing by the administering entity.
‘(A) CATEGORIES- The Secretary shall establish prizes under this subsection for--
‘(i) advancements in technologies, components, or systems related to--
‘(I) hydrogen production;
‘(II) hydrogen storage;
‘(III) hydrogen distribution; and
‘(IV) hydrogen utilization;
‘(i) ADVANCEMENTS- To the extent permitted under paragraph (1)(E), the prizes authorized under subparagraph (A)(i) shall be awarded biennially to the most significant advance made in each of the four subcategories described in subclauses (I) through (IV) of subparagraph (A)(i) since the submission deadline of the previous prize competition in the same category under subparagraph (A)(i) or the date of enactment of this subsection, whichever is later, unless no such advance is significant enough to merit an award. No one such prize may exceed $1,000,000. If less than $4,000,000 is available for a prize competition under subparagraph (A)(i), the Secretary may omit one or more subcategories, reduce the amount of the prizes, or not hold a prize competition.
‘(ii) PROTOTYPES- To the extent permitted under paragraph (1)(E), prizes authorized under subparagraph (A)(ii) shall be awarded biennially in alternate years from the prizes authorized under subparagraph (A)(i). The Secretary is authorized to award up to one prize in this category in each 2-year period. No such prize may exceed $4,000,000. If no registered participants meet the objective performance criteria established pursuant to subparagraph (C) for a competition under this clause, the Secretary shall not award a prize.
‘(iii) TRANSFORMATIONAL TECHNOLOGIES- To the extent permitted under paragraph (1)(E), the Secretary shall announce one prize competition authorized under subparagraph (A)(iii) as soon after the date of enactment of this subsection as is practicable. A prize offered under this clause shall be not less than $10,000,000, paid to the winner in a lump sum, and an additional amount paid to the winner as a match for each dollar of private funding raised by the winner for the hydrogen technology beginning on the date the winner was named. The match shall be provided for 3 years after the date the prize winner is named or until the full amount of the prize has been paid out, whichever occurs first. A prize winner may elect to have the match amount paid to another entity that is continuing the development of the winning technology. The Secretary shall announce the rules for receiving the match in the notice required by paragraph (1)(B)(ii). The Secretary shall award a prize under this clause only when a registered participant has met the objective criteria established for the prize pursuant to subparagraph (C) and announced pursuant to paragraph (1)(B)(ii). Not more than $10,000,000 in Federal funds may be used for the prize award under this clause. The administering entity shall seek to raise $40,000,000 toward the matching award under this clause.
‘(i) shall consult with the Department’s Hydrogen Technical and Fuel Cell Advisory Committee;
‘(ii) shall consult with other Federal agencies, including the National Science Foundation; and
‘(iii) may consult with other experts such as private organizations, including professional societies, industry associations, and the National Academy of Sciences and the National Academy of Engineering.
‘(i) have personal or financial interests in, or be an employee, officer, director, or agent of, any entity that is a registered participant in the prize competition for which he or she will serve as a judge; or
‘(ii) have a familial or financial relationship with an individual who is a registered participant in the prize competition for which he or she will serve as a judge.
‘(A) shall have complied with all the requirements in accordance with the Federal Register notice required under paragraph (1)(B)(ii);
‘(B) in the case of a private entity, shall be incorporated in and maintain a primary place of business in the United States, and in the case of an individual, whether participating singly or in a group, shall be a citizen of, or an alien lawfully admitted for permanent residence in, the United States; and
‘(C) shall not be a Federal entity, a Federal employee acting within the scope of his employment, or an employee of a national laboratory acting within the scope of his employment.
‘(A) WAIVER OF LIABILITY- The Secretary may require registered participants to waive claims against the Federal Government and the administering entity (except claims for willful misconduct) for any injury, death, damage, or loss of property, revenue, or profits arising from the registered participants’ participation in a competition under this subsection. The Secretary shall give notice of any waiver required under this subparagraph in the notice required by paragraph (1)(B)(ii). The Secretary may not require a registered participant to waive claims against the administering entity arising out of the unauthorized use or disclosure by the administering entity of the registered participant’s trade secrets or confidential business information.
‘(B) LIABILITY INSURANCE-
‘(i) REQUIREMENTS- Registered participants in a prize competition under this subsection shall be required to obtain liability insurance or demonstrate financial responsibility, in amounts determined by the Secretary, for claims by--
‘(I) a third party for death, bodily injury, or property damage or loss resulting from an activity carried out in connection with participation in a competition under this subsection; and
‘(II) the Federal Government for damage or loss to Government property resulting from such an activity.
‘(A) identifies each award recipient;
‘(B) describes the technologies developed by each award recipient; and
‘(C) specifies actions being taken toward commercial application of all technologies with respect to which a prize has been awarded under this subsection.
‘(A) IN GENERAL-
‘(i) AWARDS- There are authorized to be appropriated to the Secretary for the period encompassing fiscal years 2008 through 2017 for carrying out this subsection--
‘(I) $20,000,000 for awards described in paragraph (2)(A)(i);
‘(II) $20,000,000 for awards described in paragraph (2)(A)(ii); and
‘(III) $10,000,000 for the award described in paragraph (2)(A)(iii).
SEC. 655. BRIGHT TOMORROW LIGHTING PRIZES.
(a) Establishment- Not later than 1 year after the date of enactment of this Act, as part of the program carried out under section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396), the Secretary shall establish and award Bright Tomorrow Lighting Prizes for solid state lighting in accordance with this section.
(b) Prize Specifications-
(1) 60-watt incandescent replacement lamp prize- The Secretary shall award a 60-Watt Incandescent Replacement Lamp Prize to an entrant that produces a solid-state-light package simultaneously capable of--
(A) producing a luminous flux greater than 900 lumens;
(B) consuming less than or equal to 10 watts;
(C) having an efficiency greater than 90 lumens per watt;
(D) having a color rendering index greater than 90;
(E) having a correlated color temperature of not less than 2,750, and not more than 3,000, degrees Kelvin;
(F) having 70 percent of the lumen value under subparagraph (A) exceeding 25,000 hours under typical conditions expected in residential use;
(G) having a light distribution pattern similar to a soft 60-watt incandescent A19 bulb;
(H) having a size and shape that fits within the maximum dimensions of an A19 bulb in accordance with American National Standards Institute standard C78.20-2003, figure C78.20-211;
(I) using a single contact medium screw socket; and
(J) mass production for a competitive sales commercial market satisfied by producing commercially accepted quality control lots of such units equal to or exceeding the criteria described in subparagraphs (A) through (I).
(2) PAR TYPE 38 HALOGEN REPLACEMENT LAMP PRIZE- The Secretary shall award a Parabolic Aluminized Reflector Type 38 Halogen Replacement Lamp Prize (referred to in this section as the ‘PAR Type 38 Halogen Replacement Lamp Prize’) to an entrant that produces a solid-state-light package simultaneously capable of--
(A) producing a luminous flux greater than or equal to 1,350 lumens;
(B) consuming less than or equal to 11 watts;
(C) having an efficiency greater than 123 lumens per watt;
(D) having a color rendering index greater than or equal to 90;
(E) having a correlated color coordinate temperature of not less than 2,750, and not more than 3,000, degrees Kelvin;
(F) having 70 percent of the lumen value under subparagraph (A) exceeding 25,000 hours under typical conditions expected in residential use;
(G) having a light distribution pattern similar to a PAR 38 halogen lamp;
(H) having a size and shape that fits within the maximum dimensions of a PAR 38 halogen lamp in accordance with American National Standards Institute standard C78-21-2003, figure C78.21-238;
(I) using a single contact medium screw socket; and
(J) mass production for a competitive sales commercial market satisfied by producing commercially accepted quality control lots of such units equal to or exceeding the criteria described in subparagraphs (A) through (I).
(3) TWENTY-FIRST CENTURY LAMP PRIZE- The Secretary shall award a Twenty-First Century Lamp Prize to an entrant that produces a solid-state-light-light capable of--
(A) producing a light output greater than 1,200 lumens;
(B) having an efficiency greater than 150 lumens per watt;
(C) having a color rendering index greater than 90;
(D) having a color coordinate temperature between 2,800 and 3,000 degrees Kelvin; and
(E) having a lifetime exceeding 25,000 hours.
(c) Private Funds-
(1) IN GENERAL- Subject to paragraph (2), and notwithstanding section 3302 of title 31, United States Code, the Secretary may accept, retain, and use funds contributed by any person, government entity, or organization for purposes of carrying out this subsection--
(A) without further appropriation; and
(B) without fiscal year limitation.
(2) PRIZE COMPETITION- A private source of funding may not participate in the competition for prizes awarded under this section.
(d) Technical Review- The Secretary shall establish a technical review committee composed of non-Federal officers to review entrant data submitted under this section to determine whether the data meets the prize specifications described in subsection (b).
(e) Third Party Administration- The Secretary may competitively select a third party to administer awards under this section.
(f) Eligibility for Prizes- To be eligible to be awarded a prize under this section--
(1) in the case of a private entity, the entity shall be incorporated in and maintain a primary place of business in the United States; and
(2) in the case of an individual (whether participating as a single individual or in a group), the individual shall be a citizen or lawful permanent resident of the United States.
(g) Award Amounts- Subject to the availability of funds to carry out this section, the amount of--
(1) the 60-Watt Incandescent Replacement Lamp Prize described in subsection (b)(1) shall be $10,000,000;
(2) the PAR Type 38 Halogen Replacement Lamp Prize described in subsection (b)(2) shall be $5,000,000; and
(3) the Twenty-First Century Lamp Prize described in subsection (b)(3) shall be $5,000,000.
(h) Federal Procurement of Solid-State-Lights-
(1) 60-watt incandescent replacement- Subject to paragraph (3), as soon as practicable after the successful award of the 60-Watt Incandescent Replacement Lamp Prize under subsection (b)(1), the Secretary (in consultation with the Administrator of General Services) shall develop governmentwide Federal purchase guidelines with a goal of replacing the use of 60-watt incandescent lamps in Federal Government buildings with a solid-state-light package described in subsection (b)(1) by not later than the date that is 5 years after the date the award is made.
(2) PAR 38 HALOGEN REPLACEMENT LAMP REPLACEMENT- Subject to paragraph (3), as soon as practicable after the successful award of the PAR Type 38 Halogen Replacement Lamp Prize under subsection (b)(2), the Secretary (in consultation with the Administrator of General Services) shall develop governmentwide Federal purchase guidelines with the goal of replacing the use of PAR 38 halogen lamps in Federal Government buildings with a solid-state-light package described in subsection (b)(2) by not later than the date that is 5 years after the date the award is made.
(A) IN GENERAL- The Secretary or the Administrator of General Services may waive the application of paragraph (1) or (2) if the Secretary or Administrator determines that the return on investment from the purchase of a solid-state-light package described in paragraph (1) or (2) of subsection (b), respectively, is cost prohibitive.
(B) REPORT OF WAIVER- If the Secretary or Administrator waives the application of paragraph (1) or (2), the Secretary or Administrator, respectively, shall submit to Congress an annual report that describes the waiver and provides a detailed justification for the waiver.
(i) Report- Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Administrator of General Services shall submit to the Energy Information Agency a report describing the quantity, type, and cost of each lighting product purchased by the Federal Government.
(j) Bright Tomorrow Lighting Award Fund-
(1) ESTABLISHMENT- There is established in the United States Treasury a Bright Tomorrow Lighting permanent fund without fiscal year limitation to award prizes under paragraphs (1), (2), and (3) of subsection (b).
(2) SOURCES OF FUNDING- The fund established under paragraph (1) shall accept--
(A) fiscal year appropriations; and
(B) private contributions authorized under subsection (c).
(k) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.
SEC. 656. RENEWABLE ENERGY INNOVATION MANUFACTURING PARTNERSHIP.
(a) Establishment- The Secretary shall carry out a program, to be known as the Renewable Energy Innovation Manufacturing Partnership Program (referred to in this section as the ‘Program’), to make assistance awards to eligible entities for use in carrying out research, development, and demonstration relating to the manufacturing of renewable energy technologies.
(b) Solicitation- To carry out the Program, the Secretary shall annually conduct a competitive solicitation for assistance awards for an eligible project described in subsection (e).
(c) Program Purposes- The purposes of the Program are--
(1) to develop, or aid in the development of, advanced manufacturing processes, materials, and infrastructure;
(2) to increase the domestic production of renewable energy technology and components; and
(3) to better coordinate Federal, State, and private resources to meet regional and national renewable energy goals through advanced manufacturing partnerships.
(d) Eligible Entities- An entity shall be eligible to receive an assistance award under the Program to carry out an eligible project described in subsection (e) if the entity is composed of--
(1) 1 or more public or private nonprofit institutions or national laboratories engaged in research, development, demonstration, or technology transfer, that would participate substantially in the project; and
(2) 1 or more private entities engaged in the manufacturing or development of renewable energy system components (including solar energy, wind energy, biomass, geothermal energy, energy storage, or fuel cells).
(e) Eligible Projects- An eligible entity may use an assistance award provided under this section to carry out a project relating to--
(1) the conduct of studies of market opportunities for component manufacturing of renewable energy systems;
(2) the conduct of multiyear applied research, development, demonstration, and deployment projects for advanced manufacturing processes, materials, and infrastructure for renewable energy systems; and
(3) other similar ventures, as approved by the Secretary, that promote advanced manufacturing of renewable technologies.
(f) Criteria and Guidelines- The Secretary shall establish criteria and guidelines for the submission, evaluation, and funding of proposed projects under the Program.
(g) Cost Sharing- Section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352) shall apply to a project carried out under this section.
(h) Disclosure- The Secretary may, for a period of up to 5 years after an award is granted under this section, exempt from mandatory disclosure under section 552 of title 5, United States Code (popularly known as the Freedom of Information Act) information that the Secretary determines would be a privileged or confidential trade secret or commercial or financial information under subsection (b)(4) of such section if the information had been obtained from a non-Government party.
(i) Sense of the Congress- It is the sense of the Congress that the Secretary should ensure that small businesses engaged in renewable manufacturing be given priority consideration for the assistance awards provided under this section.
(j) Authorization of Appropriations- There is authorized to be appropriated out of funds already authorized to carry out this section $25,000,000 for each of fiscal years 2008 through 2013, to remain available until expended.
TITLE VII--CARBON CAPTURE AND SEQUESTRATION
Subtitle A--Carbon Capture and Sequestration Research, Development, and Demonstration
SEC. 701. SHORT TITLE.
This subtitle may be cited as the ‘Department of Energy Carbon Capture and Sequestration Research, Development, and Demonstration Act of 2007’.
SEC. 702. CARBON CAPTURE AND SEQUESTRATION RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROGRAM.
(a) Amendment- Section 963 of the Energy Policy Act of 2005 (42 U.S.C. 16293) is amended--
(1) in the section heading, by striking ‘research and development’ and inserting ‘and sequestration research, development, and demonstration’;
(2) in subsection (a)--
(A) by striking ‘research and development’ and inserting ‘and sequestration research, development, and demonstration’; and
(B) by striking ‘capture technologies on combustion-based systems’ and inserting ‘capture and sequestration technologies related to industrial sources of carbon dioxide’;
(3) in subsection (b)--
(A) in paragraph (3), by striking ‘and’ at the end;
(B) in paragraph (4), by striking the period at the end and inserting ‘; and’; and
(C) by adding at the end the following:
‘(5) to expedite and carry out large-scale testing of carbon sequestration systems in a range of geologic formations that will provide information on the cost and feasibility of deployment of sequestration technologies.’; and
(4) by striking subsection (c) and inserting the following:
‘(1) FUNDAMENTAL SCIENCE AND ENGINEERING RESEARCH AND DEVELOPMENT AND DEMONSTRATION SUPPORTING CARBON CAPTURE AND SEQUESTRATION TECHNOLOGIES AND CARBON USE ACTIVITIES-
‘(A) IN GENERAL- The Secretary shall carry out fundamental science and engineering research (including laboratory-scale experiments, numeric modeling, and simulations) to develop and document the performance of new approaches to capture and sequester, or use carbon dioxide to lead to an overall reduction of carbon dioxide emissions.
‘(B) PROGRAM INTEGRATION- The Secretary shall ensure that fundamental research carried out under this paragraph is appropriately applied to energy technology development activities, the field testing of carbon sequestration, and carbon use activities, including--
‘(i) development of new or advanced technologies for the capture and sequestration of carbon dioxide;
‘(ii) development of new or advanced technologies that reduce the cost and increase the efficacy of advanced compression of carbon dioxide required for the sequestration of carbon dioxide;
‘(iii) modeling and simulation of geologic sequestration field demonstrations;
‘(iv) quantitative assessment of risks relating to specific field sites for testing of sequestration technologies;
‘(v) research and development of new and advanced technologies for carbon use, including recycling and reuse of carbon dioxide; and
‘(vi) research and development of new and advanced technologies for the separation of oxygen from air.
‘(A) IN GENERAL- The Secretary shall promote, to the maximum extent practicable, regional carbon sequestration partnerships to conduct geologic sequestration tests involving carbon dioxide injection and monitoring, mitigation, and verification operations in a variety of candidate geologic settings, including--
‘(i) operating oil and gas fields;
‘(ii) depleted oil and gas fields;
‘(iii) unmineable coal seams;
‘(iv) deep saline formations;
‘(v) deep geologic systems that may be used as engineered reservoirs to extract economical quantities of heat from geothermal resources of low permeability or porosity; and
‘(vi) deep geologic systems containing basalt formations.
‘(i) to develop and validate geophysical tools, analysis, and modeling to monitor, predict, and verify carbon dioxide containment;
‘(ii) to validate modeling of geologic formations;
‘(iii) to refine sequestration capacity estimated for particular geologic formations;
‘(iv) to determine the fate of carbon dioxide concurrent with and following injection into geologic formations;
‘(v) to develop and implement best practices for operations relating to, and monitoring of, carbon dioxide injection and sequestration in geologic formations;
‘(vi) to assess and ensure the safety of operations related to geologic sequestration of carbon dioxide;
‘(vii) to allow the Secretary to promulgate policies, procedures, requirements, and guidance to ensure that the objectives of this subparagraph are met in large-scale testing and deployment activities for carbon capture and sequestration that are funded by the Department of Energy; and
‘(viii) to provide information to States, the Environmental Protection Agency, and other appropriate entities to support development of a regulatory framework for commercial-scale sequestration operations that ensure the protection of human health and the environment.
‘(A) IN GENERAL- The Secretary shall conduct not less than 7 initial large-scale sequestration tests, not including the FutureGen project, for geologic containment of carbon dioxide to collect and validate information on the cost and feasibility of commercial deployment of technologies for geologic containment of carbon dioxide. These 7 tests may include any Regional Partnership projects awarded as of the date of enactment of the Department of Energy Carbon Capture and Sequestration Research, Development, and Demonstration Act of 2007.
‘(B) DIVERSITY OF FORMATIONS TO BE STUDIED- In selecting formations for study under this paragraph, the Secretary shall consider a variety of geologic formations across the United States, and require characterization and modeling of candidate formations, as determined by the Secretary.
‘(C) SOURCE OF CARBON DIOXIDE FOR LARGE-SCALE SEQUESTRATION TESTS- In the process of any acquisition of carbon dioxide for sequestration tests under subparagraph (A), the Secretary shall give preference to sources of carbon dioxide from industrial sources. To the extent feasible, the Secretary shall prefer tests that would facilitate the creation of an integrated system of capture, transportation and sequestration of carbon dioxide. The preference provided for under this subparagraph shall not delay the implementation of the large-scale sequestration tests under this paragraph.
‘(D) DEFINITION- For purposes of this paragraph, the term ‘large-scale’ means the injection of more than 1,000,000 tons of carbon dioxide from industrial sources annually or a scale that demonstrates the ability to inject and sequester several million metric tons of industrial source carbon dioxide for a large number of years.
‘(A) give preference to proposals from partnerships among industrial, academic, and government entities; and
‘(B) require recipients to provide assurances that all laborers and mechanics employed by contractors and subcontractors in the construction, repair, or alteration of new or existing facilities performed in order to carry out a demonstration or commercial application activity authorized under this subsection shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code, and the Secretary of Labor shall, with respect to the labor standards in this paragraph, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 Fed. Reg. 3176; 5 U.S.C. Appendix) and section 3145 of title 40, United States Code.
‘(A) conduct a review of programmatic activities carried out under this subsection; and
‘(B) make recommendations with respect to continuation of the activities.
‘(1) $240,000,000 for fiscal year 2008;
‘(2) $240,000,000 for fiscal year 2009;
‘(3) $240,000,000 for fiscal year 2010;
‘(4) $240,000,000 for fiscal year 2011; and
‘(5) $240,000,000 for fiscal year 2012.’.
(b) Table of Contents Amendment- The item relating to section 963 in the table of contents for the Energy Policy Act of 2005 is amended to read as follows:
‘Sec. 963. Carbon capture and sequestration research, development, and demonstration program.’.
SEC. 703. CARBON CAPTURE.
(a) Program Establishment-
(1) IN GENERAL- The Secretary shall carry out a program to demonstrate technologies for the large-scale capture of carbon dioxide from industrial sources. In making awards under this program, the Secretary shall select, as appropriate, a diversity of capture technologies to address the need to capture carbon dioxide from a range of industrial sources.
(2) SCOPE OF AWARD- Awards under this section shall be only for the portion of the project that--
(A) carries out the large-scale capture (including purification and compression) of carbon dioxide from industrial sources;
(B) provides for the transportation and injection of carbon dioxide; and
(C) incorporates a comprehensive measurement, monitoring, and validation program.
(3) PREFERENCES FOR AWARD- To ensure reduced carbon dioxide emissions, the Secretary shall take necessary actions to provide for the integration of the program under this paragraph with the large-scale carbon dioxide sequestration tests described in section 963(c)(3) of the Energy Policy Act of 2005 (42 U.S.C. 16293(c)(3)), as added by section 702 of this subtitle. These actions should not delay implementation of these tests. The Secretary shall give priority consideration to projects with the following characteristics:
(A) CAPACITY- Projects that will capture a high percentage of the carbon dioxide in the treated stream and large volumes of carbon dioxide as determined by the Secretary.
(B) SEQUESTRATION- Projects that capture carbon dioxide from industrial sources that are near suitable geological reservoirs and could continue sequestration including--
(i) a field testing validation activity under section 963 of the Energy Policy Act of 2005 (42 U.S.C. 16293), as amended by this Act; or
(ii) other geologic sequestration projects approved by the Secretary.
(4) REQUIREMENT- For projects that generate carbon dioxide that is to be sequestered, the carbon dioxide stream shall be of a sufficient purity level to allow for safe transport and sequestration.
(5) COST-SHARING- The cost-sharing requirements of section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352) for research and development projects shall apply to this section.
(b) Authorization of Appropriations- There is authorized to be appropriated to the Secretary to carry out this section $200,000,000 per year for fiscal years 2009 through 2013.
SEC. 704. REVIEW OF LARGE-SCALE PROGRAMS.
The Secretary shall enter into an arrangement with the National Academy of Sciences for an independent review and oversight, beginning in 2011, of the programs under section 963(c)(3) of the Energy Policy Act of 2005 (42 U.S.C. 16293(c)(3)), as added by section 702 of this subtitle, and under section 703 of this subtitle, to ensure that the benefits of such programs are maximized. Not later than January 1, 2012, the Secretary shall transmit to the Congress a report on the results of such review and oversight.
SEC. 705. GEOLOGIC SEQUESTRATION TRAINING AND RESEARCH.
(1) IN GENERAL- The Secretary shall enter into an arrangement with the National Academy of Sciences to undertake a study that--
(A) defines an interdisciplinary program in geology, engineering, hydrology, environmental science, and related disciplines that will support the Nation’s capability to capture and sequester carbon dioxide from anthropogenic sources;
(B) addresses undergraduate and graduate education, especially to help develop graduate level programs of research and instruction that lead to advanced degrees with emphasis on geologic sequestration science;
(C) develops guidelines for proposals from colleges and universities with substantial capabilities in the required disciplines that seek to implement geologic sequestration science programs that advance the Nation’s capacity to address carbon management through geologic sequestration science; and
(D) outlines a budget and recommendations for how much funding will be necessary to establish and carry out the grant program under subsection (b).
(2) REPORT- Not later than 1 year after the date of enactment of this Act, the Secretary shall transmit to the Congress a copy of the results of the study provided by the National Academy of Sciences under paragraph (1).
(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary for carrying out this subsection $1,000,000 for fiscal year 2008.
(b) Grant Program-
(1) ESTABLISHMENT- The Secretary shall establish a competitive grant program through which colleges and universities may apply for and receive 4-year grants for--
(A) salary and startup costs for newly designated faculty positions in an integrated geologic carbon sequestration science program; and
(B) internships for graduate students in geologic sequestration science.
(2) RENEWAL- Grants under this subsection shall be renewable for up to 2 additional 3-year terms, based on performance criteria, established by the National Academy of Sciences study conducted under subsection (a), that include the number of graduates of such programs.
(3) INTERFACE WITH REGIONAL GEOLOGIC CARBON SEQUESTRATION PARTNERSHIPS- To the greatest extent possible, geologic carbon sequestration science programs supported under this subsection shall interface with the research of the Regional Carbon Sequestration Partnerships operated by the Department to provide internships and practical training in carbon capture and geologic sequestration.
(4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary for carrying out this subsection such sums as may be necessary.
SEC. 706. RELATION TO SAFE DRINKING WATER ACT.
The injection and geologic sequestration of carbon dioxide pursuant to this subtitle and the amendments made by this subtitle shall be subject to the requirements of the Safe Drinking Water Act (42 U.S.C. 300f et seq.), including the provisions of part C of such Act (42 U.S.C. 300h et seq.; relating to protection of underground sources of drinking water). Nothing in this subtitle and the amendments made by this subtitle imposes or authorizes the promulgation of any requirement that is inconsistent or in conflict with the requirements of the Safe Drinking Water Act (42 U.S.C. 300f et seq.) or regulations thereunder.
SEC. 707. SAFETY RESEARCH.
(a) Program- The Administrator of the Environmental Protection Agency shall conduct a research program to address public health, safety, and environmental impacts that may be associated with capture, injection, and sequestration of greenhouse gases in geologic reservoirs.
(b) Authorization of Appropriations- There are authorized to be appropriated for carrying out this section $5,000,000 for each fiscal year.
SEC. 708. UNIVERSITY BASED RESEARCH AND DEVELOPMENT GRANT PROGRAM.
(a) Establishment- The Secretary, in consultation with other appropriate agencies, shall establish a university based research and development program to study carbon capture and sequestration using the various types of coal.
(b) Rural and Agricultural Institutions- The Secretary shall give special consideration to rural or agricultural based institutions in areas that have regional sources of coal and that offer interdisciplinary programs in the area of environmental science to study carbon capture and sequestration.
(c) Authorization of Appropriations- There are to be authorized to be appropriated $10,000,000 to carry out this section.
Subtitle B--Carbon Capture and Sequestration Assessment and Framework
SEC. 711. CARBON DIOXIDE SEQUESTRATION CAPACITY ASSESSMENT.
(a) Definitions- In this section--
(1) ASSESSMENT- The term ‘assessment’ means the national assessment of onshore capacity for carbon dioxide completed under subsection (f).
(2) CAPACITY- The term ‘capacity’ means the portion of a sequestration formation that can retain carbon dioxide in accordance with the requirements (including physical, geological, and economic requirements) established under the methodology developed under subsection (b).
(3) ENGINEERED HAZARD- The term ‘engineered hazard’ includes the location and completion history of any well that could affect potential sequestration.
(4) RISK- The term ‘risk’ includes any risk posed by geomechanical, geochemical, hydrogeological, structural, and engineered hazards.
(5) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior, acting through the Director of the United States Geological Survey.
(6) SEQUESTRATION FORMATION- The term ‘sequestration formation’ means a deep saline formation, unmineable coal seam, or oil or gas reservoir that is capable of accommodating a volume of industrial carbon dioxide.
(b) Methodology- Not later than 1 year after the date of enactment of this Act, the Secretary shall develop a methodology for conducting an assessment under subsection (f), taking into consideration--
(1) the geographical extent of all potential sequestration formations in all States;
(2) the capacity of the potential sequestration formations;
(3) the injectivity of the potential sequestration formations;
(4) an estimate of potential volumes of oil and gas recoverable by injection and sequestration of industrial carbon dioxide in potential sequestration formations;
(5) the risk associated with the potential sequestration formations; and
(6) the work done to develop the Carbon Sequestration Atlas of the United States and Canada that was completed by the Department.
(1) FEDERAL COORDINATION-
(A) CONSULTATION- The Secretary shall consult with the Secretary of Energy and the Administrator of the Environmental Protection Agency on issues of data sharing, format, development of the methodology, and content of the assessment required under this section to ensure the maximum usefulness and success of the assessment.
(B) COOPERATION- The Secretary of Energy and the Administrator shall cooperate with the Secretary to ensure, to the maximum extent practicable, the usefulness and success of the assessment.
(2) STATE COORDINATION- The Secretary shall consult with State geological surveys and other relevant entities to ensure, to the maximum extent practicable, the usefulness and success of the assessment.
(d) External Review and Publication- On completion of the methodology under subsection (b), the Secretary shall--
(1) publish the methodology and solicit comments from the public and the heads of affected Federal and State agencies;
(2) establish a panel of individuals with expertise in the matters described in paragraphs (1) through (5) of subsection (b) composed, as appropriate, of representatives of Federal agencies, institutions of higher education, nongovernmental organizations, State organizations, industry, and international geoscience organizations to review the methodology and comments received under paragraph (1); and
(3) on completion of the review under paragraph (2), publish in the Federal Register the revised final methodology.
(e) Periodic Updates- The methodology developed under this section shall be updated periodically (including at least once every 5 years) to incorporate new data as the data becomes available.
(f) National Assessment-
(1) IN GENERAL- Not later than 2 years after the date of publication of the methodology under subsection (d)(1), the Secretary, in consultation with the Secretary of Energy and State geological surveys, shall complete a national assessment of capacity for carbon dioxide in accordance with the methodology.
(2) GEOLOGICAL VERIFICATION- As part of the assessment under this subsection, the Secretary shall carry out a drilling program to supplement the geological data relevant to determining sequestration capacity of carbon dioxide in geological sequestration formations, including--
(A) well log data;
(B) core data; and
(C) fluid sample data.
(3) PARTNERSHIP WITH OTHER DRILLING PROGRAMS- As part of the drilling program under paragraph (2), the Secretary shall enter, as appropriate, into partnerships with other entities to collect and integrate data from other drilling programs relevant to the sequestration of carbon dioxide in geological formations.
(4) INCORPORATION INTO NATCARB-
(A) IN GENERAL- On completion of the assessment, the Secretary of Energy and the Secretary of the Interior shall incorporate the results of the assessment using--
(i) the NatCarb database, to the maximum extent practicable; or
(ii) a new database developed by the Secretary of Energy, as the Secretary of Energy determines to be necessary.
(B) RANKING- The database shall include the data necessary to rank potential sequestration sites for capacity and risk, across the United States, within each State, by formation, and within each basin.
(5) REPORT- Not later than 180 days after the date on which the assessment is completed, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the findings under the assessment.
(6) PERIODIC UPDATES- The national assessment developed under this section shall be updated periodically (including at least once every 5 years) to support public and private sector decisionmaking.
(g) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $30,000,000 for the period of fiscal years 2008 through 2012.
SEC. 712. ASSESSMENT OF CARBON SEQUESTRATION AND METHANE AND NITROUS OXIDE EMISSIONS FROM ECOSYSTEMS.
(a) Definitions- In this section:
(1) ADAPTATION STRATEGY- The term ‘adaptation strategy’ means a land use and management strategy that can be used--
(A) to increase the sequestration capabilities of covered greenhouse gases of any ecosystem; or
(B) to reduce the emissions of covered greenhouse gases from any ecosystem.
(2) ASSESSMENT- The term ‘assessment’ means the national assessment authorized under subsection (b).
(3) COVERED GREENHOUSE GAS- The term ‘covered greenhouse gas’ means carbon dioxide, nitrous oxide, and methane gas.
(4) ECOSYSTEM- The term ‘ecosystem’ means any terrestrial, freshwater aquatic, or coastal ecosystem, including an estuary.
(5) NATIVE PLANT SPECIES- The term ‘native plant species’ means any noninvasive, naturally occurring plant species within an ecosystem.
(6) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.
(b) Authorization of Assessment- Not later than 2 years after the date on which the final methodology is published under subsection (f)(3)(D), the Secretary shall complete a national assessment of--
(1) the quantity of carbon stored in and released from ecosystems, including from man-caused and natural fires; and
(2) the annual flux of covered greenhouse gases in and out of ecosystems.
(c) Components- In conducting the assessment under subsection (b), the Secretary shall--
(1) determine the processes that control the flux of covered greenhouse gases in and out of each ecosystem;
(2) estimate the potential for increasing carbon sequestration in natural and managed ecosystems through management activities or restoration activities in each ecosystem;
(3) develop near-term and long-term adaptation strategies or mitigation strategies that can be employed--
(A) to enhance the sequestration of carbon in each ecosystem;
(B) to reduce emissions of covered greenhouse gases from ecosystems; and
(C) to adapt to climate change; and
(4) estimate the annual carbon sequestration capacity of ecosystems under a range of policies in support of management activities to optimize sequestration.
(d) Use of Native Plant Species- In developing restoration activities under subsection (c)(2) and management strategies and adaptation strategies under subsection (c)(3), the Secretary shall emphasize the use of native plant species (including mixtures of many native plant species) for sequestering covered greenhouse gas in each ecosystem.
(1) IN GENERAL- In conducting the assessment under subsection (b) and developing the methodology under subsection (f), the Secretary shall consult with--
(A) the Secretary of Energy;
(B) the Secretary of Agriculture;
(C) the Administrator of the Environmental Protection Agency;
(D) the Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere; and
(E) the heads of other relevant agencies.
(2) OCEAN AND COASTAL ECOSYSTEMS- In carrying out this section with respect to ocean and coastal ecosystems (including estuaries), the Secretary shall work jointly with the Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere.
(1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Secretary shall develop a methodology for conducting the assessment.
(2) REQUIREMENTS- The methodology developed under paragraph (1)--
(i) determine the method for measuring, monitoring, and quantifying covered greenhouse gas emissions and reductions;
(ii) estimate the total capacity of each ecosystem to sequester carbon; and
(iii) estimate the ability of each ecosystem to reduce emissions of covered greenhouse gases through management practices; and
(B) may employ economic and other systems models, analyses, and estimates, to be developed in consultation with each of the individuals described in subsection (e).
(3) EXTERNAL REVIEW AND PUBLICATION- On completion of a proposed methodology, the Secretary shall--
(A) publish the proposed methodology;
(B) at least 60 days before the date on which the final methodology is published, solicit comments from--
(i) the public; and
(ii) heads of affected Federal and State agencies;
(C) establish a panel to review the proposed methodology published under subparagraph (A) and any comments received under subparagraph (B), to be composed of members--
(i) with expertise in the matters described in subsections (c) and (d); and
(ii) that are, as appropriate, representatives of Federal agencies, institutions of higher education, nongovernmental organizations, State organizations, industry, and international organizations; and
(D) on completion of the review under subparagraph (C), publish in the Federal Register the revised final methodology.
(g) Estimate; Review- The Secretary shall--
(1) based on the assessment, prescribe the data, information, and analysis needed to establish a scientifically sound estimate of the carbon sequestration capacity of relevant ecosystems; and
(2) not later than 180 days after the date on which the assessment is completed, submit to the heads of applicable Federal agencies and the appropriate committees of Congress a report that describes the results of the assessment.
(h) Data and Report Availability- On completion of the assessment, the Secretary shall incorporate the results of the assessment into a web-accessible database for public use.
(i) Authorization- There is authorized to be appropriated to carry out this section $20,000,000 for the period of fiscal years 2008 through 2012.
SEC. 713. CARBON DIOXIDE SEQUESTRATION INVENTORY.
Section 354 of the Energy Policy Act of 2005 (42 U.S.C. 15910) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
‘(d) Records and Inventory- The Secretary of the Interior, acting through the Bureau of Land Management, shall maintain records on, and an inventory of, the quantity of carbon dioxide stored within Federal mineral leaseholds.’.
SEC. 714. FRAMEWORK FOR GEOLOGICAL CARBON SEQUESTRATION ON PUBLIC LAND.
(a) Report- Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on a recommended framework for managing geological carbon sequestration activities on public land.
(b) Contents- The report required by subsection (a) shall include the following:
(1) Recommended criteria for identifying candidate geological sequestration sites in each of the following types of geological settings:
(A) Operating oil and gas fields.
(B) Depleted oil and gas fields.
(C) Unmineable coal seams.
(D) Deep saline formations.
(E) Deep geological systems that may be used as engineered reservoirs to extract economical quantities of heat from geothermal resources of low permeability or porosity.
(F) Deep geological systems containing basalt formations.
(G) Coalbeds being used for methane recovery.
(2) A proposed regulatory framework for the leasing of public land or an interest in public land for the long-term geological sequestration of carbon dioxide, which includes an assessment of options to ensure that the United States receives fair market value for the use of public land or an interest in public land for geological sequestration.
(3) A proposed procedure for ensuring that any geological carbon sequestration activities on public land--
(A) provide for public review and comment from all interested persons; and
(B) protect the quality of natural and cultural resources of the public land overlaying a geological sequestration site.
(4) A description of the status of Federal leasehold or Federal mineral estate liability issues related to the geological subsurface trespass of or caused by carbon dioxide stored in public land, including any relevant experience from enhanced oil recovery using carbon dioxide on public land.
(5) Recommendations for additional legislation that may be required to ensure that public land management and leasing laws are adequate to accommodate the long-term geological sequestration of carbon dioxide.
(6) An identification of the legal and regulatory issues specific to carbon dioxide sequestration on land in cases in which title to mineral resources is held by the United States but title to the surface estate is not held by the United States.
(7)(A) An identification of the issues specific to the issuance of pipeline rights-of-way on public land under the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) for natural or anthropogenic carbon dioxide.
(B) Recommendations for additional legislation that may be required to clarify the appropriate framework for issuing rights-of-way for carbon dioxide pipelines on public land.
(c) Consultation With Other Agencies- In preparing the report under this section, the Secretary of the Interior shall coordinate with--
(1) the Administrator of the Environmental Protection Agency;
(2) the Secretary of Energy; and
(3) the heads of other appropriate agencies.
(d) Compliance With Safe Drinking Water Act- The Secretary shall ensure that all recommendations developed under this section are in compliance with all Federal environmental laws, including the Safe Drinking Water Act (42 U.S.C. 300f et seq.) and regulations under that Act.
TITLE VIII--IMPROVED MANAGEMENT OF ENERGY POLICY
Subtitle A--Management Improvements
SEC. 801. NATIONAL MEDIA CAMPAIGN.
(a) In General- The Secretary, acting through the Assistant Secretary for Energy Efficiency and Renewable Energy (referred to in this section as the ‘Secretary’), shall develop and conduct a national media campaign--
(1) to increase energy efficiency throughout the economy of the United States during the 10-year period beginning on the date of enactment of this Act;
(2) to promote the national security benefits associated with increased energy efficiency; and
(3) to decrease oil consumption in the United States during the 10-year period beginning on the date of enactment of this Act.
(b) Contract With Entity- The Secretary shall carry out subsection (a) directly or through--
(1) competitively bid contracts with 1 or more nationally recognized media firms for the development and distribution of monthly television, radio, and newspaper public service announcements; or
(2) collective agreements with 1 or more nationally recognized institutes, businesses, or nonprofit organizations for the funding, development, and distribution of monthly television, radio, and newspaper public service announcements.
(1) IN GENERAL- Amounts made available to carry out this section shall be used for--
(A) advertising costs, including--
(i) the purchase of media time and space;
(ii) creative and talent costs;
(iii) testing and evaluation of advertising; and
(iv) evaluation of the effectiveness of the media campaign; and
(B) administrative costs, including operational and management expenses.
(2) LIMITATIONS- In carrying out this section, the Secretary shall allocate not less than 85 percent of funds made available under subsection (e) for each fiscal year for the advertising functions specified under paragraph (1)(A).
(d) Reports- The Secretary shall annually submit to Congress a report that describes--
(1) the strategy of the national media campaign and whether specific objectives of the campaign were accomplished, including--
(A) determinations concerning the rate of change of energy consumption, in both absolute and per capita terms; and
(B) an evaluation that enables consideration of whether the media campaign contributed to reduction of energy consumption;
(2) steps taken to ensure that the national media campaign operates in an effective and efficient manner consistent with the overall strategy and focus of the campaign;
(3) plans to purchase advertising time and space;
(4) policies and practices implemented to ensure that Federal funds are used responsibly to purchase advertising time and space and eliminate the potential for waste, fraud, and abuse; and
(5) all contracts or cooperative agreements entered into with a corporation, partnership, or individual working on behalf of the national media campaign.
(e) Authorization of Appropriations-
(1) IN GENERAL- There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2008 through 2012.
(2) DECREASED OIL CONSUMPTION- The Secretary shall use not less than 50 percent of the amount that is made available under this section for each fiscal year to develop and conduct a national media campaign to decrease oil consumption in the United States over the next decade.
SEC. 802. ALASKA NATURAL GAS PIPELINE ADMINISTRATION.
Section 106 of the Alaska Natural Gas Pipeline Act (15 U.S.C. 720d) is amended by adding at the end the following:
‘(1) PERSONNEL APPOINTMENTS-
‘(A) IN GENERAL- The Federal Coordinator may appoint and terminate such personnel as the Federal Coordinator determines to be appropriate.
‘(B) AUTHORITY OF FEDERAL COORDINATOR- Personnel appointed by the Federal Coordinator under subparagraph (A) shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service.
‘(A) IN GENERAL- Subject to subparagraph (B), personnel appointed by the Federal Coordinator under paragraph (1)(A) shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code (relating to classification and General Schedule pay rates).
‘(B) MAXIMUM LEVEL OF COMPENSATION- The rate of pay for personnel appointed by the Federal Coordinator under paragraph (1)(A) shall not exceed the maximum level of rate payable for level III of the Executive Schedule (5 U.S.C. 5314).
‘(C) ALLOWANCES- Section 5941 of title 5, United States Code, shall apply to personnel appointed by the Federal Coordinator under paragraph (1)(A).
‘(A) IN GENERAL- The Federal Coordinator may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code.
‘(B) MAXIMUM LEVEL OF COMPENSATION- The level of compensation of an individual employed on a temporary or intermittent basis under subparagraph (A) shall not exceed the maximum level of rate payable for level III of the Executive Schedule (5 U.S.C. 5314).
‘(A) IN GENERAL- With respect to the duties of the Federal Coordinator, as described in this Act, the Federal Coordinator shall have similar authority to establish, change, and abolish reasonable filing and service fees, charges, and commissions, require deposits of payments, and provide refunds as provided to the Secretary of the Interior in section 304 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1734).
‘(B) AUTHORITY OF SECRETARY OF THE INTERIOR- Subparagraph (A) shall not affect the authority of the Secretary of the Interior to establish, change, and abolish reasonable filing and service fees, charges, and commissions, require deposits of payments, and provide refunds under section 304 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1734).
‘(C) USE OF FUNDS- The Federal Coordinator is authorized to use, without further appropriation, amounts collected under subparagraph (A) to carry out this section.’.
SEC. 803. RENEWABLE ENERGY DEPLOYMENT.
(a) Definitions- In this section:
(1) ALASKA SMALL HYDROELECTRIC POWER- The term ‘Alaska small hydroelectric power’ means power that--
(i) in the State of Alaska;
(ii) without the use of a dam or impoundment of water; and
(iii) through the use of--
(I) a lake tap (but not a perched alpine lake); or
(II) a run-of-river screened at the point of diversion; and
(B) has a nameplate capacity rating of a wattage that is not more than 15 megawatts.
(2) ELIGIBLE APPLICANT- The term ‘eligible applicant’ means any--
(A) governmental entity;
(B) private utility;
(C) public utility;
(D) municipal utility;
(E) cooperative utility;
(F) Indian tribes; and
(G) Regional Corporation (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)).
(A) INCLUSIONS- The term ‘ocean energy’ includes current, wave, and tidal energy.
(B) EXCLUSION- The term ‘ocean energy’ excludes thermal energy.
(4) RENEWABLE ENERGY PROJECT- The term ‘renewable energy project’ means a project--
(A) for the commercial generation of electricity; and
(B) that generates electricity from--
(i) solar, wind, or geothermal energy or ocean energy;
(ii) biomass (as defined in section 203(b) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)));
(iii) landfill gas; or
(iv) Alaska small hydroelectric power.
(b) Renewable Energy Construction Grants-
(1) IN GENERAL- The Secretary shall use amounts appropriated under this section to make grants for use in carrying out renewable energy projects.
(2) CRITERIA- Not later than 180 days after the date of enactment of this Act, the Secretary shall set forth criteria for use in awarding grants under this section.
(3) APPLICATION- To receive a grant from the Secretary under paragraph (1), an eligible applicant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a written assurance that--
(A) all laborers and mechanics employed by contractors or subcontractors during construction, alteration, or repair that is financed, in whole or in part, by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with sections 3141-3144, 3146, and 3147 of title 40, United States Code; and
(B) the Secretary of Labor shall, with respect to the labor standards described in this paragraph, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40, United States Code.
(4) NON-FEDERAL SHARE- Each eligible applicant that receives a grant under this subsection shall contribute to the total cost of the renewable energy project constructed by the eligible applicant an amount not less than 50 percent of the total cost of the project.
(c) Authorization of Appropriations- There are authorized to be appropriated to the Fund such sums as are necessary to carry out this section.
SEC. 804. COORDINATION OF PLANNED REFINERY OUTAGES.
(a) Definitions- In this section:
(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Energy Information Administration.
(2) PLANNED REFINERY OUTAGE-
(A) IN GENERAL- The term ‘planned refinery outage’ means a removal, scheduled before the date on which the removal occurs, of a refinery, or any unit of a refinery, from service for maintenance, repair, or modification.
(B) EXCLUSION- The term ‘planned refinery outage’ does not include any necessary and unplanned removal of a refinery, or any unit of a refinery, from service as a result of a component failure, safety hazard, emergency, or action reasonably anticipated to be necessary to prevent such events.
(3) REFINED PETROLEUM PRODUCT- The term ‘refined petroleum product’ means any gasoline, diesel fuel, fuel oil, lubricating oil, liquid petroleum gas, or other petroleum distillate that is produced through the refining or processing of crude oil or an oil derived from tar sands, shale, or coal.
(4) REFINERY- The term ‘refinery’ means a facility used in the production of a refined petroleum product through distillation, cracking, or any other process.
(b) Review and Analysis of Available Information- The Administrator shall, on an ongoing basis--
(1) review information on refinery outages that is available from commercial reporting services;
(2) analyze that information to determine whether the scheduling of a refinery outage may nationally or regionally substantially affect the price or supply of any refined petroleum product by--
(A) decreasing the production of the refined petroleum product; and
(B) causing or contributing to a retail or wholesale supply shortage or disruption;
(3) not less frequently than twice each year, submit to the Secretary a report describing the results of the review and analysis under paragraphs (1) and (2); and
(4) specifically alert the Secretary of any refinery outage that the Administrator determines may nationally or regionally substantially affect the price or supply of a refined petroleum product.
(c) Action by Secretary- On a determination by the Secretary, based on a report or alert under paragraph (3) or (4) of subsection (b), that a refinery outage may affect the price or supply of a refined petroleum product, the Secretary shall make available to refinery operators information on planned refinery outages to encourage reductions of the quantity of refinery capacity that is out of service at any time.
(d) Limitation- Nothing in this section shall alter any existing legal obligation or responsibility of a refinery operator, or create any legal right of action, nor shall this section authorize the Secretary--
(1) to prohibit a refinery operator from conducting a planned refinery outage; or
(2) to require a refinery operator to continue to operate a refinery.
SEC. 805. ASSESSMENT OF RESOURCES.
(1) ESTABLISHMENT- The Administrator of the Energy Information Administration (referred to in this section as the ‘Administrator’) shall establish a 5-year plan to enhance the quality and scope of the data collection necessary to ensure the scope, accuracy, and timeliness of the information needed for efficient functioning of energy markets and related financial operations.
(2) REQUIREMENT- In establishing the plan under paragraph (1), the Administrator shall pay particular attention to--
(A) data series terminated because of budget constraints;
(B) data on demand response;
(C) timely data series of State-level information;
(D) improvements in the area of oil and gas data;
(E) improvements in data on solid byproducts from coal-based energy-producing facilities; and
(F) the ability to meet applicable deadlines under Federal law (including regulations) to provide data required by Congress.
(b) Submission to Congress- The Administrator shall submit to Congress the plan established under subsection (a), including a description of any improvements needed to enhance the ability of the Administrator to collect and process energy information in a manner consistent with the needs of energy markets.
(1) IN GENERAL- The Administrator shall--
(A) establish guidelines to ensure the quality, comparability, and scope of State energy data, including data on energy production and consumption by product and sector and renewable and alternative sources, required to provide a comprehensive, accurate energy profile at the State level;
(B) share company-level data collected at the State level with each State involved, in a manner consistent with the legal authorities, confidentiality protections, and stated uses in effect at the time the data were collected, subject to the condition that the State shall agree to reasonable requirements for use of the data, as the Administrator may require;
(C) assess any existing gaps in data obtained and compiled by the Energy Information Administration; and
(D) evaluate the most cost-effective ways to address any data quality and quantity issues in conjunction with State officials.
(2) CONSULTATION- The Administrator shall consult with State officials and the Federal Energy Regulatory Commission on a regular basis in--
(A) establishing guidelines and determining the scope of State-level data under paragraph (1); and
(B) exploring ways to address data needs and serve data uses.
(d) Assessment of State Data Needs- Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress an assessment of State-level data needs, including a plan to address the needs.
(e) Authorization of Appropriations- In addition to any other amounts made available to the Administrator, there are authorized to be appropriated to the Administrator to carry out this section--
(1) $10,000,000 for fiscal year 2008;
(2) $10,000,000 for fiscal year 2009;
(3) $10,000,000 for fiscal year 2010;
(4) $15,000,000 for fiscal year 2011;
(5) $20,000,000 for fiscal year 2012; and
(6) such sums as are necessary for subsequent fiscal years.
SEC. 806. SENSE OF CONGRESS RELATING TO THE USE OF RENEWABLE RESOURCES TO GENERATE ENERGY.
(a) Findings- Congress finds that--
(1) the United States has a quantity of renewable energy resources that is sufficient to supply a significant portion of the energy needs of the United States;
(2) the agricultural, forestry, and working land of the United States can help ensure a sustainable domestic energy system;
(3) accelerated development and use of renewable energy technologies provide numerous benefits to the United States, including improved national security, improved balance of payments, healthier rural economies, improved environmental quality, and abundant, reliable, and affordable energy for all citizens of the United States;
(4) the production of transportation fuels from renewable energy would help the United States meet rapidly growing domestic and global energy demands, reduce the dependence of the United States on energy imported from volatile regions of the world that are politically unstable, stabilize the cost and availability of energy, and safeguard the economy and security of the United States;
(5) increased energy production from domestic renewable resources would attract substantial new investments in energy infrastructure, create economic growth, develop new jobs for the citizens of the United States, and increase the income for farm, ranch, and forestry jobs in the rural regions of the United States;
(6) increased use of renewable energy is practical and can be cost effective with the implementation of supportive policies and proper incentives to stimulate markets and infrastructure; and
(7) public policies aimed at enhancing renewable energy production and accelerating technological improvements will further reduce energy costs over time and increase market demand.
(b) Sense of Congress- It is the sense of Congress that it is the goal of the United States that, not later than January 1, 2025, the agricultural, forestry, and working land of the United States should--
(1) provide from renewable resources not less than 25 percent of the total energy consumed in the United States; and
(2) continue to produce safe, abundant, and affordable food, feed, and fiber.
SEC. 807. GEOTHERMAL ASSESSMENT, EXPLORATION INFORMATION, AND PRIORITY ACTIVITIES.
(a) In General- Not later than January 1, 2012, the Secretary of the Interior, acting through the Director of the United States Geological Survey, shall--
(1) complete a comprehensive nationwide geothermal resource assessment that examines the full range of geothermal resources in the United States; and
(2) submit to the the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of the assessment.
(b) Periodic Updates- At least once every 10 years, the Secretary shall update the national assessment required under this section to support public and private sector decisionmaking.
(c) Authorization of Appropriations- There are authorized to be appropriated to the Secretary of the Interior to carry out this section--
(1) $15,000,000 for each of fiscal years 2008 through 2012; and
(2) such sums as are necessary for each of fiscal years 2013 through 2022.
Subtitle B--Prohibitions on Market Manipulation and False Information
SEC. 811. PROHIBITION ON MARKET MANIPULATION.
It is unlawful for any person, directly or indirectly, to use or employ, in connection with the purchase or sale of crude oil gasoline or petroleum distillates at wholesale, any manipulative or deceptive device or contrivance, in contravention of such rules and regulations as the Federal Trade Commission may prescribe as necessary or appropriate in the public interest or for the protection of United States citizens.
SEC. 812. PROHIBITION ON FALSE INFORMATION.
It is unlawful for any person to report information related to the wholesale price of crude oil gasoline or petroleum distillates to a Federal department or agency if--
(1) the person knew, or reasonably should have known, the information to be false or misleading;
(2) the information was required by law to be reported; and
(3) the person intended the false or misleading data to affect data compiled by the department or agency for statistical or analytical purposes with respect to the market for crude oil, gasoline, or petroleum distillates.
SEC. 813. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Enforcement- This subtitle shall be enforced by the Federal Trade Commission in the same manner, by the same means, and with the same jurisdiction as though all applicable terms of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this subtitle.
(b) Violation Is Treated as Unfair or Deceptive Act or Practice- The violation of any provision of this subtitle shall be treated as an unfair or deceptive act or practice proscribed under a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
SEC. 814. PENALTIES.
(a) Civil Penalty- In addition to any penalty applicable under the Federal Trade Commission Act (15 U.S.C. 41 et seq.), any supplier that violates section 811 or 812 shall be punishable by a civil penalty of not more than $1,000,000.
(b) Method- The penalties provided by subsection (a) shall be obtained in the same manner as civil penalties imposed under section 5 of the Federal Trade Commission Act (15 U.S.C. 45).
(c) Multiple Offenses; Mitigating Factors- In assessing the penalty provided by subsection (a)--
(1) each day of a continuing violation shall be considered a separate violation; and
(2) the court shall take into consideration, among other factors--
(A) the seriousness of the violation; and
(B) the efforts of the person committing the violation to remedy the harm caused by the violation in a timely manner.
SEC. 815. EFFECT ON OTHER LAWS.
(a) Other Authority of the Commission- Nothing in this subtitle limits or affects the authority of the Federal Trade Commission to bring an enforcement action or take any other measure under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any other provision of law.
(b) Antitrust Law- Nothing in this subtitle shall be construed to modify, impair, or supersede the operation of any of the antitrust laws. For purposes of this subsection, the term ‘antitrust laws’ shall have the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12), except that it includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section 5 applies to unfair methods of competition.
(c) State Law- Nothing in this subtitle preempts any State law.
TITLE IX--INTERNATIONAL ENERGY PROGRAMS
SEC. 901. DEFINITIONS.
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term ‘appropriate congressional committees’ means--
(A) the Committee on Foreign Affairs and the Committee on Energy and Commerce of the House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Commerce, Science, and Transportation of the Senate.
(2) CLEAN AND EFFICIENT ENERGY TECHNOLOGY- The term ‘clean and efficient energy technology’ means an energy supply or end-use technology that, compared to a similar technology already in widespread commercial use in a recipient country, will--
(A) reduce emissions of greenhouse gases; or
(B)(i) increase efficiency of energy production; or
(ii) decrease intensity of energy usage.
(3) GREENHOUSE GAS- The term ‘greenhouse gas’ means--
(A) carbon dioxide;
(C) nitrous oxide;
(E) perfluorocarbons; or
(F) sulfur hexafluoride.
Subtitle A--Assistance to Promote Clean and Efficient Energy Technologies in Foreign Countries
SEC. 911. UNITED STATES ASSISTANCE FOR DEVELOPING COUNTRIES.
(a) Assistance Authorized- The Administrator of the United States Agency for International Development shall support policies and programs in developing countries that promote clean and efficient energy technologies--
(1) to produce the necessary market conditions for the private sector delivery of energy and environmental management services;
(2) to create an environment that is conducive to accepting clean and efficient energy technologies that support the overall purpose of reducing greenhouse gas emissions, including--
(A) improving policy, legal, and regulatory frameworks;
(B) increasing institutional abilities to provide energy and environmental management services; and
(C) increasing public awareness and participation in the decision-making of delivering energy and environmental management services; and
(3) to promote the use of American-made clean and efficient energy technologies, products, and energy and environmental management services.
(b) Report- The Administrator of the United States Agency for International Development shall submit to the appropriate congressional committees an annual report on the implementation of this section for each of the fiscal years 2008 through 2012.
(c) Authorization of Appropriations- To carry out this section, there are authorized to be appropriated to the Administrator of the United States Agency for International Development $200,000,000 for each of the fiscal years 2008 through 2012.
SEC. 912. UNITED STATES EXPORTS AND OUTREACH PROGRAMS FOR INDIA, CHINA, AND OTHER COUNTRIES.
(a) Assistance Authorized- The Secretary of Commerce shall direct the United States and Foreign Commercial Service to expand or create a corps of the Foreign Commercial Service officers to promote United States exports in clean and efficient energy technologies and build the capacity of government officials in India, China, and any other country the Secretary of Commerce determines appropriate, to become more familiar with the available technologies--
(1) by assigning or training Foreign Commercial Service attaches, who have expertise in clean and efficient energy technologies from the United States, to embark on business development and outreach efforts to such countries; and
(2) by deploying the attaches described in paragraph (1) to educate provincial, state, and local government officials in such countries on the variety of United States-based technologies in clean and efficient energy technologies for the purposes of promoting United States exports and reducing global greenhouse gas emissions.
(b) Report- The Secretary of Commerce shall submit to the appropriate congressional committees an annual report on the implementation of this section for each of the fiscal years 2008 through 2012.
(c) Authorization of Appropriations- To carry out this section, there are authorized to be appropriated to the Secretary of Commerce such sums as may be necessary for each of the fiscal years 2008 through 2012.
SEC. 913. UNITED STATES TRADE MISSIONS TO ENCOURAGE PRIVATE SECTOR TRADE AND INVESTMENT.
(a) Assistance Authorized- The Secretary of Commerce shall direct the International Trade Administration to expand or create trade missions to and from the United States to encourage private sector trade and investment in clean and efficient energy technologies--
(1) by organizing and facilitating trade missions to foreign countries and by matching United States private sector companies with opportunities in foreign markets so that clean and efficient energy technologies can help to combat increases in global greenhouse gas emissions; and
(2) by creating reverse trade missions in which the Department of Commerce facilitates the meeting of foreign private and public sector organizations with private sector companies in the United States for the purpose of showcasing clean and efficient energy technologies in use or in development that could be exported to other countries.
(b) Report- The Secretary of Commerce shall submit to the appropriate congressional committees an annual report on the implementation of this section for each of the fiscal years 2008 through 2012.
(c) Authorization of Appropriations- To carry out this section, there are authorized to be appropriated to the Secretary of Commerce such sums as may be necessary for each of the fiscal years 2008 through 2012.
SEC. 914. ACTIONS BY OVERSEAS PRIVATE INVESTMENT CORPORATION.
(a) Sense of Congress- It is the sense of Congress that the Overseas Private Investment Corporation should promote greater investment in clean and efficient energy technologies by--
(1) proactively reaching out to United States companies that are interested in investing in clean and efficient energy technologies in countries that are significant contributors to global greenhouse gas emissions;
(2) giving preferential treatment to the evaluation and awarding of projects that involve the investment or utilization of clean and efficient energy technologies; and
(3) providing greater flexibility in supporting projects that involve the investment or utilization of clean and efficient energy technologies, including financing, insurance, and other assistance.
(b) Report- The Overseas Private Investment Corporation shall include in its annual report required under section 240A of the Foreign Assistance Act of 1961 (22 U.S.C. 2200a)--
(1) a description of the activities carried out to implement this section; or
(2) if the Corporation did not carry out any activities to implement this section, an explanation of the reasons therefor.
SEC. 915. ACTIONS BY UNITED STATES TRADE AND DEVELOPMENT AGENCY.
(a) Assistance Authorized- The Director of the Trade and Development Agency shall establish or support policies that--
(1) proactively seek opportunities to fund projects that involve the utilization of clean and efficient energy technologies, including in trade capacity building and capital investment projects;
(2) where appropriate, advance the utilization of clean and efficient energy technologies, particularly to countries that have the potential for significant reduction in greenhouse gas emissions; and
(3) recruit and retain individuals with appropriate expertise or experience in clean, renewable, and efficient energy technologies to identify and evaluate opportunities for projects that involve clean and efficient energy technologies and services.
(b) Report- The President shall include in the annual report on the activities of the Trade and Development Agency required under section 661(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2421(d)) a description of the activities carried out to implement this section.
SEC. 916. DEPLOYMENT OF INTERNATIONAL CLEAN AND EFFICIENT ENERGY TECHNOLOGIES AND INVESTMENT IN GLOBAL ENERGY MARKETS.
(1) ESTABLISHMENT- Not later than 90 days after the date of the enactment of this Act, the President shall establish a Task Force on International Cooperation for Clean and Efficient Energy Technologies (in this section referred to as the ‘Task Force’).
(2) COMPOSITION- The Task Force shall be composed of representatives, appointed by the head of the respective Federal department or agency, of--
(A) the Council on Environmental Quality;
(B) the Department of Energy;
(C) the Department of Commerce;
(D) the Department of the Treasury;
(E) the Department of State;
(F) the Environmental Protection Agency;
(G) the United States Agency for International Development;
(H) the Export-Import Bank of the United States;
(I) the Overseas Private Investment Corporation:
(J) the Trade and Development Agency;
(K) the Small Business Administration;
(L) the Office of the United States Trade Representative; and
(M) other Federal departments and agencies, as determined by the President.
(3) CHAIRPERSON- The President shall designate a Chairperson or Co-Chairpersons of the Task Force.
(4) DUTIES- The Task Force--
(A) shall develop and assist in the implementation of the strategy required under subsection (c); and
(B)(i) shall analyze technology, policy, and market opportunities for the development, demonstration, and deployment of clean and efficient energy technologies on an international basis; and
(ii) shall examine relevant trade, tax, finance, international, and other policy issues to assess which policies, in the United States and in developing countries, would help open markets and improve the export of clean and efficient energy technologies from the United States.
(5) TERMINATION- The Task Force, including any working group established by the Task Force pursuant to subsection (b), shall terminate 12 years after the date of the enactment of this Act.
(b) Working Groups-
(1) ESTABLISHMENT- The Task Force--
(A) shall establish an Interagency Working Group on the Export of Clean and Efficient Energy Technologies (in this section referred to as the ‘Interagency Working Group’); and
(B) may establish other working groups as may be necessary to carry out this section.
(2) COMPOSITION- The Interagency Working Group shall be composed of--
(A) the Secretary of Energy, the Secretary of Commerce, and the Secretary of State, who shall serve as Co-Chairpersons of the Interagency Working Group; and
(B) other members, as determined by the Chairperson or Co-Chairpersons of the Task Force.
(3) DUTIES- The Interagency Working Group shall coordinate the resources and relevant programs of the Department of Energy, the Department of Commerce, the Department of State, and other relevant Federal departments and agencies to support the export of clean and efficient energy technologies developed or demonstrated in the United States to other countries and the deployment of such clean and efficient energy technologies in such other countries.
(4) INTERAGENCY CENTER- The Interagency Working Group--
(A) shall establish an Interagency Center on the Export of Clean and Efficient Energy Technologies (in this section referred to as the ‘Interagency Center’) to assist the Interagency Working Group in carrying out its duties required under paragraph (3); and
(B) shall locate the Interagency Center at a site agreed upon by the Co-Chairpersons of the Interagency Working Group, with the approval of the Chairperson or Co-Chairpersons of the Task Force.
(1) IN GENERAL- Not later than 1 year after the date of the enactment of this Act, the Task Force shall develop and submit to the President and the appropriate congressional committees a strategy to--
(A) support the development and implementation of programs, policies, and initiatives in developing countries to promote the adoption and deployment of clean and efficient energy technologies, with an emphasis on those developing countries that are expected to experience the most significant growth in energy production and use over the next 20 years;
(B) open and expand clean and efficient energy technology markets and facilitate the export of clean and efficient energy technologies to developing countries, in a manner consistent with United States obligations as a member of the World Trade Organization;
(C) integrate into the foreign policy objectives of the United States the promotion of--
(i) the deployment of clean and efficient energy technologies and the reduction of greenhouse gas emissions in developing countries; and
(ii) the export of clean and efficient energy technologies; and
(D) develop financial mechanisms and instruments, including securities that mitigate the political and foreign exchange risks of uses that are consistent with the foreign policy objectives of the United States by combining the private sector market and government enhancements, that--
(i) are cost-effective; and
(ii) facilitate private capital investment in clean and efficient energy technology projects in developing countries.
(2) UPDATES- Not later than 3 years after the date of submission of the strategy under paragraph (1), and every 3 years thereafter, the Task Force shall update the strategy in accordance with the requirements of paragraph (1).
(1) IN GENERAL- Not later than 3 years after the date of submission of the strategy under subsection (c)(1), and every 3 years thereafter, the President shall transmit to the appropriate congressional committees a report on the implementation of this section for the prior 3-year period.
(2) MATTERS TO BE INCLUDED- The report required under paragraph (1) shall include the following:
(A) The update of the strategy required under subsection (c)(2) and a description of the actions taken by the Task Force to assist in the implementation of the strategy.
(B) A description of actions taken by the Task Force to carry out the duties required under subsection (a)(4)(B).
(C) A description of assistance provided under this section.
(D) The results of programs, projects, and activities carried out under this section.
(E) A description of priorities for promoting the diffusion and adoption of clean and efficient energy technologies and strategies in developing countries, taking into account economic and security interests of the United States and opportunities for the export of technology of the United States.
(F) Recommendations to the heads of appropriate Federal departments and agencies on methods to streamline Federal programs and policies to improve the role of such Federal departments and agencies in the development, demonstration, and deployment of clean and efficient energy technologies on an international basis.
(G) Strategies to integrate representatives of the private sector and other interested groups on the export and deployment of clean and efficient energy technologies.
(H) A description of programs to disseminate information to the private sector and the public on clean and efficient energy technologies and opportunities to transfer such clean and efficient energy technologies.
(e) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2008 through 2020.
SEC. 917. UNITED STATES-ISRAEL ENERGY COOPERATION.
(a) Findings- Congress finds that--
(1) it is in the highest national security interests of the United States to develop renewable energy sources;
(2) the State of Israel is a steadfast ally of the United States;
(3) the special relationship between the United States and Israel is manifested in a variety of cooperative scientific research and development programs, such as--
(A) the United States-Israel Binational Science Foundation; and
(B) the United States-Israel Binational Industrial Research and Development Foundation;
(4) those programs have made possible many scientific, technological, and commercial breakthroughs in the fields of life sciences, medicine, bioengineering, agriculture, biotechnology, communications, and others;
(5) on February 1, 1996, the Secretary of Energy (referred to in this section as the ‘Secretary’) and the Israeli Minister of Energy and Infrastructure signed an agreement to establish a framework for collaboration between the United States and Israel in energy research and development activities;
(6) Israeli scientists and engineers are at the forefront of research and development in the field of renewable energy sources; and
(7) enhanced cooperation between the United States and Israel for the purpose of research and development of renewable energy sources would be in the national interests of both countries.
(b) Grant Program-
(1) ESTABLISHMENT- In implementing the agreement entitled the ‘Agreement between the Department of Energy of the United States of America and the Ministry of Energy and Infrastructure of Israel Concerning Energy Cooperation’, dated February 1, 1996, the Secretary shall establish a grant program in accordance with the requirements of sections 988 and 989 of the Energy Policy Act of 2005 (42 U.S.C. 16352, 16353) to support research, development, and commercialization of renewable energy or energy efficiency.
(2) TYPES OF ENERGY- In carrying out paragraph (1), the Secretary may make grants to promote--
(B) biomass energy;
(C) energy efficiency;
(E) geothermal energy;
(F) wave and tidal energy; and
(G) advanced battery technology.
(3) ELIGIBLE APPLICANTS- An applicant shall be eligible to receive a grant under this subsection if the project of the applicant--
(A) addresses a requirement in the area of improved energy efficiency or renewable energy sources, as determined by the Secretary; and
(B) is a joint venture between--
(i)(I) a for-profit business entity, academic institution, National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)), or nonprofit entity in the United States; and
(II) a for-profit business entity, academic institution, or nonprofit entity in Israel; or
(ii)(I) the Federal Government; and
(II) the Government of Israel.
(4) APPLICATIONS- To be eligible to receive a grant under this subsection, an applicant shall submit to the Secretary an application for the grant in accordance with procedures established by the Secretary, in consultation with the advisory board established under paragraph (5).
(5) ADVISORY BOARD-
(A) ESTABLISHMENT- The Secretary shall establish an advisory board--
(i) to monitor the method by which grants are awarded under this subsection; and
(ii) to provide to the Secretary periodic performance reviews of actions taken to carry out this subsection.
(B) COMPOSITION- The advisory board established under subparagraph (A) shall be composed of 3 members, to be appointed by the Secretary, of whom--
(i) 1 shall be a representative of the Federal Government;
(ii) 1 shall be selected from a list of nominees provided by the United States-Israel Binational Science Foundation; and
(iii) 1 shall be selected from a list of nominees provided by the United States-Israel Binational Industrial Research and Development Foundation.
(6) CONTRIBUTED FUNDS- Notwithstanding section 3302 of title 31, United States Code, the Secretary may accept, retain, and use funds contributed by any person, government entity, or organization for purposes of carrying out this subsection--
(A) without further appropriation; and
(B) without fiscal year limitation.
(7) REPORT- Not later than 180 days after the date of completion of a project for which a grant is provided under this subsection, the grant recipient shall submit to the Secretary a report that contains--
(A) a description of the method by which the recipient used the grant funds; and
(B) an evaluation of the level of success of each project funded by the grant.
(8) CLASSIFICATION- Grants shall be awarded under this subsection only for projects that are considered to be unclassified by both the United States and Israel.
(c) Termination- The grant program and the advisory committee established under this section terminate on the date that is 7 years after the date of enactment of this Act.
(d) Authorization of Appropriations- The Secretary shall use amounts authorized to be appropriated under section 931 of the Energy Policy Act of 2005 (42 U.S.C. 16231) to carry out this section.
Subtitle B--International Clean Energy Foundation
SEC. 921. DEFINITIONS.
In this subtitle:
(1) BOARD- The term ‘Board’ means the Board of Directors of the Foundation established pursuant to section 922(c).
(2) CHIEF EXECUTIVE OFFICER- The term ‘Chief Executive Officer’ means the chief executive officer of the Foundation appointed pursuant to section 922(b).
(3) FOUNDATION- The term ‘Foundation’ means the International Clean Energy Foundation established by section 922(a).
SEC. 922. ESTABLISHMENT AND MANAGEMENT OF FOUNDATION.
(1) IN GENERAL- There is established in the executive branch a foundation to be known as the ‘International Clean Energy Foundation’ that shall be responsible for carrying out the provisions of this subtitle. The Foundation shall be a government corporation, as defined in section 103 of title 5, United States Code.
(2) BOARD OF DIRECTORS- The Foundation shall be governed by a Board of Directors in accordance with subsection (c).
(3) INTENT OF CONGRESS- It is the intent of Congress, in establishing the structure of the Foundation set forth in this subsection, to create an entity that serves the long-term foreign policy and energy security goals of reducing global greenhouse gas emissions.
(b) Chief Executive Officer-
(1) IN GENERAL- There shall be in the Foundation a Chief Executive Officer who shall be responsible for the management of the Foundation.
(2) APPOINTMENT- The Chief Executive Officer shall be appointed by the Board, with the advice and consent of the Senate, and shall be a recognized leader in clean and efficient energy technologies and climate change and shall have experience in energy security, business, or foreign policy, chosen on the basis of a rigorous search.
(3) RELATIONSHIP TO BOARD- The Chief Executive Officer shall report to, and be under the direct authority of, the Board.
(4) COMPENSATION AND RANK-
(A) IN GENERAL- The Chief Executive Officer shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code.
(B) AMENDMENT- Section 5314 of title 5, United States Code, is amended by adding at the end the following:
‘Chief Executive Officer, International Clean Energy Foundation.’.
(C) AUTHORITIES AND DUTIES- The Chief Executive Officer shall be responsible for the management of the Foundation and shall exercise the powers and discharge the duties of the Foundation.
(D) AUTHORITY TO APPOINT OFFICERS- In consultation and with approval of the Board, the Chief Executive Officer shall appoint all officers of the Foundation.
(c) Board of Directors-
(1) ESTABLISHMENT- There shall be in the Foundation a Board of Directors.
(2) DUTIES- The Board shall perform the functions specified to be carried out by the Board in this subtitle and may prescribe, amend, and repeal bylaws, rules, regulations, and procedures governing the manner in which the business of the Foundation may be conducted and in which the powers granted to it by law may be exercised.
(3) MEMBERSHIP- The Board shall consist of--
(A) the Secretary of State (or the Secretary’s designee), the Secretary of Energy (or the Secretary’s designee), and the Administrator of the United States Agency for International Development (or the Administrator’s designee); and
(B) four other individuals with relevant experience in matters relating to energy security (such as individuals who represent institutions of energy policy, business organizations, foreign policy organizations, or other relevant organizations) who shall be appointed by the President, by and with the advice and consent of the Senate, of whom--
(i) one individual shall be appointed from among a list of individuals submitted by the Majority Leader of the House of Representatives;
(ii) one individual shall be appointed from among a list of individuals submitted by the Minority Leader of the House of Representatives;
(iii) one individual shall be appointed from among a list of individuals submitted by the Majority Leader of the Senate; and
(iv) one individual shall be appointed from among a list of individuals submitted by the Minority Leader of the Senate.
(4) CHIEF EXECUTIVE OFFICER- The Chief Executive Officer of the Foundation shall serve as a nonvoting, ex officio member of the Board.
(A) OFFICERS OF THE FEDERAL GOVERNMENT- Each member of the Board described in paragraph (3)(A) shall serve for a term that is concurrent with the term of service of the individual’s position as an officer within the other Federal department or agency.
(B) OTHER MEMBERS- Each member of the Board described in paragraph (3)(B) shall be appointed for a term of 3 years and may be reappointed for a term of an additional 3 years.
(C) VACANCIES- A vacancy in the Board shall be filled in the manner in which the original appointment was made.
(D) ACTING MEMBERS- A vacancy in the Board may be filled with an appointment of an acting member by the Chairperson of the Board for up to 1 year while a nominee is named and awaits confirmation in accordance with paragraph (3)(B).
(6) CHAIRPERSON- There shall be a Chairperson of the Board. The Secretary of State (or the Secretary’s designee) shall serve as the Chairperson.
(7) QUORUM- A majority of the members of the Board described in paragraph (3) shall constitute a quorum, which, except with respect to a meeting of the Board during the 135-day period beginning on the date of the enactment of this Act, shall include at least 1 member of the Board described in paragraph (3)(B).
(8) MEETINGS- The Board shall meet at the call of the Chairperson, who shall call a meeting no less than once a year.
(A) OFFICERS OF THE FEDERAL GOVERNMENT-
(i) IN GENERAL- A member of the Board described in paragraph (3)(A) may not receive additional pay, allowances, or benefits by reason of the member’s service on the Board.
(ii) TRAVEL EXPENSES- Each such member of the Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.
(B) OTHER MEMBERS-
(i) IN GENERAL- Except as provided in clause (ii), a member of the Board described in paragraph (3)(B)--
(I) shall be paid compensation out of funds made available for the purposes of this subtitle at the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties as a member of the Board; and
(II) while away from the member’s home or regular place of business on necessary travel in the actual performance of duties as a member of the Board, shall be paid per diem, travel, and transportation expenses in the same manner as is provided under subchapter I of chapter 57 of title 5, United States Code.
(ii) LIMITATION- A member of the Board may not be paid compensation under clause (i)(II) for more than 90 days in any calendar year.
SEC. 923. DUTIES OF FOUNDATION.
The Foundation shall--
(1) use the funds authorized by this subtitle to make grants to promote projects outside of the United States that serve as models of how to significantly reduce the emissions of global greenhouse gases through clean and efficient energy technologies, processes, and services;
(2) seek contributions from foreign governments, especially those rich in energy resources such as member countries of the Organization of the Petroleum Exporting Countries, and private organizations to supplement funds made available under this subtitle;
(3) harness global expertise through collaborative partnerships with foreign governments and domestic and foreign private actors, including nongovernmental organizations and private sector companies, by leveraging public and private capital, technology, expertise, and services towards innovative models that can be instituted to reduce global greenhouse gas emissions;
(4) create a repository of information on best practices and lessons learned on the utilization and implementation of clean and efficient energy technologies and processes to be used for future initiatives to tackle the climate change crisis;
(5) be committed to minimizing administrative costs and to maximizing the availability of funds for grants under this subtitle; and
(6) promote the use of American-made clean and efficient energy technologies, processes, and services by giving preference to entities incorporated in the United States and whose technology will be substantially manufactured in the United States.
SEC. 924. ANNUAL REPORT.
(a) Report Required- Not later than March 31, 2008, and each March 31 thereafter, the Foundation shall submit to the appropriate congressional committees a report on the implementation of this subtitle during the prior fiscal year.
(b) Contents- The report required by subsection (a) shall include--
(1) the total financial resources available to the Foundation during the year, including appropriated funds, the value and source of any gifts or donations accepted pursuant to section 925(a)(6), and any other resources;
(2) a description of the Board’s policy priorities for the year and the basis upon which competitive grant proposals were solicited and awarded to nongovernmental institutions and other organizations;
(3) a list of grants made to nongovernmental institutions and other organizations that includes the identity of the institutional recipient, the dollar amount, and the results of the program; and
(4) the total administrative and operating expenses of the Foundation for the year, as well as specific information on--
(A) the number of Foundation employees and the cost of compensation for Board members, Foundation employ-ees, and personal service contractors;
(B) costs associated with securing the use of real property for carrying out the functions of the Foundation;
(C) total travel expenses incurred by Board members and Foundation employees in connection with Foundation activities; and
(D) total representational expenses.
SEC. 925. POWERS OF THE FOUNDATION; RELATED PROVISIONS.
(a) Powers- The Foundation--
(1) shall have perpetual succession unless dissolved by a law enacted after the date of the enactment of this Act;
(2) may adopt, alter, and use a seal, which shall be judicially noticed;
(3) may make and perform such contracts, grants, and other agreements with any person or government however designated and wherever situated, as may be necessary for carrying out the functions of the Foundation;
(4) may determine and prescribe the manner in which its obligations shall be incurred and its expenses allowed and paid, including expenses for representation;
(5) may lease, purchase, or otherwise acquire, improve, and use such real property wherever situated, as may be necessary for carrying out the functions of the Foundation;
(6) may accept money, funds, services, or property (real, personal, or mixed), tangible or intangible, made available by gift, bequest grant, or otherwise for the purpose of carrying out the provisions of this title from domestic or foreign private individuals, charities, nongovernmental organizations, corporations, or governments;
(7) may use the United States mails in the same manner and on the same conditions as the executive departments;
(8) may contract with individuals for personal services, who shall not be considered Federal employees for any provision of law administered by the Office of Personnel Management;
(9) may hire or obtain passenger motor vehicles; and
(10) shall have such other powers as may be necessary and incident to carrying out this subtitle.
(b) Principal Office- The Foundation shall maintain its principal office in the metropolitan area of Washington, District of Columbia.
(c) Applicability of Government Corporation Control Act-
(1) IN GENERAL- The Foundation shall be subject to chapter 91 of subtitle VI of title 31, United States Code, except that the Foundation shall not be authorized to issue obligations or offer obligations to the public.
(2) CONFORMING AMENDMENT- Section 9101(3) of title 31, United States Code, is amended by adding at the end the following:
‘(R) the International Clean Energy Foundation.’.
(d) Inspector General-
(1) IN GENERAL- The Inspector General of the Department of State shall serve as Inspector General of the Foundation, and, in acting in such capacity, may conduct reviews, investigations, and inspections of all aspects of the operations and activities of the Foundation.
(2) AUTHORITY OF THE BOARD- In carrying out the responsibilities under this subsection, the Inspector General shall report to and be under the general supervision of the Board.
(3) REIMBURSEMENT AND AUTHORIZATION OF SERVICES-
(A) REIMBURSEMENT- The Foundation shall reimburse the Department of State for all expenses incurred by the Inspector General in connection with the Inspector General’s responsibilities under this subsection.
(B) AUTHORIZATION FOR SERVICES- Of the amount authorized to be appropriated under section 927(a) for a fiscal year, up to $500,000 is authorized to be made available to the Inspector General of the Department of State to conduct reviews, investigations, and inspections of operations and activities of the Foundation.
SEC. 926. GENERAL PERSONNEL AUTHORITIES.
(a) Detail of Personnel- Upon request of the Chief Executive Officer, the head of an agency may detail any employee of such agency to the Foundation on a reimbursable basis. Any employee so detailed remains, for the purpose of preserving such employee’s allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed.
(b) Reemployment Rights-
(1) IN GENERAL- An employee of an agency who is serving under a career or career conditional appointment (or the equivalent), and who, with the consent of the head of such agency, transfers to the Foundation, is entitled to be reemployed in such employee’s former position or a position of like seniority, status, and pay in such agency, if such employee--
(A) is separated from the Foundation for any reason, other than misconduct, neglect of duty, or malfeasance; and
(B) applies for reemployment not later than 90 days after the date of separation from the Foundation.
(2) SPECIFIC RIGHTS- An employee who satisfies paragraph (1) is entitled to be reemployed (in accordance with such paragraph) within 30 days after applying for reemployment and, on reemployment, is entitled to at least the rate of basic pay to which such employee would have been entitled had such employee never transferred.
(c) Hiring Authority- Of persons employed by the Foundation, no more than 30 persons may be appointed, compensated, or removed without regard to the civil service laws and regulations.
(d) Basic Pay- The Chief Executive Officer may fix the rate of basic pay of employees of the Foundation without regard to the provisions of chapter 51 of title 5, United States Code (relating to the classification of positions), subchapter III of chapter 53 of such title (relating to General Schedule pay rates), except that no employee of the Foundation may receive a rate of basic pay that exceeds the rate for level IV of the Executive Schedule under section 5315 of such title.
(e) Definitions- In this section--
(1) the term ‘agency’ means an executive agency, as defined by section 105 of title 5, United States Code; and
(2) the term ‘detail’ means the assignment or loan of an employee, without a change of position, from the agency by which such employee is employed to the Foundation.
SEC. 927. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations- To carry out this subtitle, there are authorized to be appropriated $20,000,000 for each of the fiscal years 2009 through 2013.
(b) Allocation of Funds-
(1) IN GENERAL- The Foundation may allocate or transfer to any agency of the United States Government any of the funds available for carrying out this subtitle. Such funds shall be available for obligation and expenditure for the purposes for which the funds were authorized, in accordance with authority granted in this subtitle or under authority governing the activities of the United States Government agency to which such funds are allocated or transferred.
(2) NOTIFICATION- The Foundation shall notify the appropriate congressional committees not less than 15 days prior to an allocation or transfer of funds pursuant to paragraph (1).
Subtitle C--Miscellaneous Provisions
SEC. 931. ENERGY DIPLOMACY AND SECURITY WITHIN THE DEPARTMENT OF STATE.
(a) State Department Coordinator for International Energy Affairs-
(1) IN GENERAL- The Secretary of State should ensure that energy security is integrated into the core mission of the Department of State.
(2) COORDINATOR FOR INTERNATIONAL ENERGY AFFAIRS- There is established within the Office of the Secretary of State a Coordinator for International Energy Affairs, who shall be responsible for--
(A) representing the Secretary of State in interagency efforts to develop the international energy policy of the United States;
(B) ensuring that analyses of the national security implications of global energy and environmental developments are reflected in the decision making process within the Department of State;
(C) incorporating energy security priorities into the activities of the Department of State;
(D) coordinating energy activities of the Department of State with relevant Federal agencies; and
(E) coordinating energy security and other relevant functions within the Department of State currently undertaken by offices within--
(i) the Bureau of Economic, Energy and Business Affairs;
(ii) the Bureau of Oceans and International Environmental and Scientific Affairs; and
(iii) other offices within the Department of State.
(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this subsection.
(b) Energy Experts in Key Embassies- Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that includes--
(1) a description of the Department of State personnel who are dedicated to energy matters and are stationed at embassies and consulates in countries that are major energy producers or consumers;
(2) an analysis of the need for Federal energy specialist personnel in United States embassies and other United States diplomatic missions; and
(3) recommendations for increasing energy expertise within United States embassies among foreign service officers and options for assigning to such embassies energy attaches from the National Laboratories or other agencies within the Department of Energy.
(c) Energy Advisors- The Secretary of Energy may make appropriate arrangements with the Secretary of State to assign personnel from the Department of Energy or the National Laboratories of the Department of Energy to serve as dedicated advisors on energy matters in embassies of the United States or other United States diplomatic missions.
(d) Report- Not later than 180 days after the date of the enactment of this Act, and every 2 years thereafter for the following 20 years, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that describes--
(1) the energy-related activities being conducted by the Department of State, including activities within--
(A) the Bureau of Economic, Energy and Business Affairs;
(B) the Bureau of Oceans and Environmental and Scientific Affairs; and
(C) other offices within the Department of State;
(2) the amount of funds spent on each activity within each office described in paragraph (1); and
(3) the number and qualification of personnel in each embassy (or relevant foreign posting) of the United States whose work is dedicated exclusively to energy matters.
SEC. 932. NATIONAL SECURITY COUNCIL REORGANIZATION.
Section 101(a) of the National Security Act of 1947 (50 U.S.C. 402(a)) is amended--
(1) by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively; and
(2) by inserting after paragraph (4) the following:
SEC. 933. ANNUAL NATIONAL ENERGY SECURITY STRATEGY REPORT.
(1) IN GENERAL- Subject to paragraph (2), on the date on which the President submits to Congress the budget for the following fiscal year under section 1105 of title 31, United States Code, the President shall submit to Congress a comprehensive report on the national energy security of the United States.
(2) NEW PRESIDENTS- In addition to the reports required under paragraph (1), the President shall submit a comprehensive report on the national energy security of the United States by not later than 150 days after the date on which the President assumes the office of President after a presidential election.
(b) Contents- Each report under this section shall describe the national energy security strategy of the United States, including a comprehensive description of--
(1) the worldwide interests, goals, and objectives of the United States that are vital to the national energy security of the United States;
(2) the foreign policy, worldwide commitments, and national defense capabilities of the United States necessary--
(A) to deter political manipulation of world energy resources; and
(B) to implement the national energy security strategy of the United States;
(3) the proposed short-term and long-term uses of the political, economic, military, and other authorities of the United States--
(A) to protect or promote energy security; and
(B) to achieve the goals and objectives described in paragraph (1);
(4) the adequacy of the capabilities of the United States to protect the national energy security of the United States, including an evaluation of the balance among the capabilities of all elements of the national authority of the United States to support the implementation of the national energy security strategy; and
(5) such other information as the President determines to be necessary to inform Congress on matters relating to the national energy security of the United States.
(c) Classified and Unclassified Form- Each national energy security strategy report shall be submitted to Congress in--
(1) a classified form; and
(2) an unclassified form.
SEC. 934. CONVENTION ON SUPPLEMENTARY COMPENSATION FOR NUCLEAR DAMAGE CONTINGENT COST ALLOCATION.
(a) Findings and Purpose-
(1) FINDINGS- Congress finds that--
(A) section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) (commonly known as the ‘Price-Anderson Act’)--
(i) provides a predictable legal framework necessary for nuclear projects; and
(ii) ensures prompt and equitable compensation in the event of a nuclear incident in the United States;
(B) the Price-Anderson Act, in effect, provides operators of nuclear powerplants with insurance for damage arising out of a nuclear incident and funds the insurance primarily through the assessment of a retrospective premium from each operator after the occurrence of a nuclear incident;
(C) the Convention on Supplementary Compensation for Nuclear Damage, done at Vienna on September 12, 1997, will establish a global system--
(i) to provide a predictable legal framework necessary for nuclear energy projects; and
(ii) to ensure prompt and equitable compensation in the event of a nuclear incident;
(D) the Convention benefits United States nuclear suppliers that face potentially unlimited liability for nuclear incidents that are not covered by the Price-Anderson Act by replacing a potentially open-ended liability with a predictable liability regime that, in effect, provides nuclear suppliers with insurance for damage arising out of such an incident;
(E) the Convention also benefits United States nuclear facility operators that may be publicly liable for a Price-Anderson incident by providing an additional early source of funds to compensate damage arising out of the Price-Anderson incident;
(F) the combined operation of the Convention, the Price-Anderson Act, and this section will augment the quantity of assured funds available for victims in a wider variety of nuclear incidents while reducing the potential liability of United States suppliers without increasing potential costs to United States operators;
(G) the cost of those benefits is the obligation of the United States to contribute to the supplementary compensation fund established by the Convention;
(H) any such contribution should be funded in a manner that does not--
(i) upset settled expectations based on the liability regime established under the Price-Anderson Act; or
(ii) shift to Federal taxpayers liability risks for nuclear incidents at foreign installations;
(I) with respect to a Price-Anderson incident, funds already available under the Price-Anderson Act should be used; and
(J) with respect to a nuclear incident outside the United States not covered by the Price-Anderson Act, a retrospective premium should be prorated among nuclear suppliers relieved from potential liability for which insurance is not available.
(2) PURPOSE- The purpose of this section is to allocate the contingent costs associated with participation by the United States in the international nuclear liability compensation system established by the Convention on Supplementary Compensation for Nuclear Damage, done at Vienna on September 12, 1997--
(A) with respect to a Price-Anderson incident, by using funds made available under section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) to cover the contingent costs in a manner that neither increases the burdens nor decreases the benefits under section 170 of that Act; and
(B) with respect to a covered incident outside the United States that is not a Price-Anderson incident, by allocating the contingent costs equitably, on the basis of risk, among the class of nuclear suppliers relieved by the Convention from the risk of potential liability resulting from any covered incident outside the United States.
(b) Definitions- In this section:
(1) COMMISSION- The term ‘Commission’ means the Nuclear Regulatory Commission.
(2) CONTINGENT COST- The term ‘contingent cost’ means the cost to the United States in the event of a covered incident the amount of which is equal to the amount of funds the United States is obligated to make available under paragraph 1(b) of Article III of the Convention.
(3) CONVENTION- The term ‘Convention’ means the Convention on Supplementary Compensation for Nuclear Damage, done at Vienna on September 12, 1997.
(4) COVERED INCIDENT- The term ‘covered incident’ means a nuclear incident the occurrence of which results in a request for funds pursuant to Article VII of the Convention.
(5) COVERED INSTALLATION- The term ‘covered installation’ means a nuclear installation at which the occurrence of a nuclear incident could result in a request for funds under Article VII of the Convention.
(6) COVERED PERSON-
(A) IN GENERAL- The term ‘covered person’ means--
(i) a United States person; and
(ii) an individual or entity (including an agency or instrumentality of a foreign country) that--
(I) is located in the United States; or
(II) carries out an activity in the United States.
(B) EXCLUSIONS- The term ‘covered person’ does not include--
(i) the United States; or
(ii) any agency or instrumentality of the United States.
(7) NUCLEAR SUPPLIER- The term ‘nuclear supplier’ means a covered person (or a successor in interest of a covered person) that--
(A) supplies facilities, equipment, fuel, services, or technology pertaining to the design, construction, operation, or decommissioning of a covered installation; or
(B) transports nuclear materials that could result in a covered incident.
(8) PRICE-ANDERSON INCIDENT- The term ‘Price-Anderson incident’ means a covered incident for which section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) would make funds available to compensate for public liability (as defined in section 11 of that Act (42 U.S.C. 2014)).
(9) SECRETARY- The term ‘Secretary’ means the Secretary of Energy.
(10) UNITED STATES-
(A) IN GENERAL- The term ‘United States’ has the meaning given the term in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014).
(B) INCLUSIONS- The term ‘United States’ includes--
(i) the Commonwealth of Puerto Rico;
(ii) any other territory or possession of the United States;
(iii) the Canal Zone; and
(iv) the waters of the United States territorial sea under Presidential Proclamation Number 5928, dated December 27, 1988 (43 U.S.C. 1331 note).
(11) UNITED STATES PERSON- The term ‘United States person’ means--
(A) any individual who is a resident, national, or citizen of the United States (other than an individual residing outside of the United States and employed by a person who is not a United States person); and
(B) any corporation, partnership, association, joint stock company, business trust, unincorporated organization, or sole proprietorship that is organized under the laws of the United States.
(c) Use of Price-Anderson Funds-
(1) IN GENERAL- Funds made available under section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) shall be used to cover the contingent cost resulting from any Price-Anderson incident.
(2) EFFECT- The use of funds pursuant to paragraph (1) shall not reduce the limitation on public liability established under section 170 e. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(e)).
(d) Effect on Amount of Public Liability-
(1) IN GENERAL- Funds made available to the United States under Article VII of the Convention with respect to a Price-Anderson incident shall be used to satisfy public liability resulting from the Price-Anderson incident.
(2) AMOUNT- The amount of public liability allowable under section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) relating to a Price-Anderson incident under paragraph (1) shall be increased by an amount equal to the difference between--
(A) the amount of funds made available for the Price-Anderson incident under Article VII of the Convention; and
(B) the amount of funds used under subsection (c) to cover the contingent cost resulting from the Price-Anderson incident.
(e) Retrospective Risk Pooling Program-
(1) IN GENERAL- Except as provided under paragraph (2), each nuclear supplier shall participate in a retrospective risk pooling program in accordance with this section to cover the contingent cost resulting from a covered incident outside the United States that is not a Price-Anderson incident.
(2) DEFERRED PAYMENT-
(A) IN GENERAL- The obligation of a nuclear supplier to participate in the retrospective risk pooling program shall be deferred until the United States is called on to provide funds pursuant to Article VII of the Convention with respect to a covered incident that is not a Price-Anderson incident.
(B) AMOUNT OF DEFERRED PAYMENT- The amount of a deferred payment of a nuclear supplier under subparagraph (A) shall be based on the risk-informed assessment formula determined under subparagraph (C).
(C) RISK-INFORMED ASSESSMENT FORMULA-
(i) IN GENERAL- Not later than 3 years after the date of the enactment of this Act, and every 5 years thereafter, the Secretary shall, by regulation, determine the risk-informed assessment formula for the allocation among nuclear suppliers of the contingent cost resulting from a covered incident that is not a Price-Anderson incident, taking into account risk factors such as--
(I) the nature and intended purpose of the goods and services supplied by each nuclear supplier to each covered installation outside the United States;
(II) the quantity of the goods and services supplied by each nuclear supplier to each covered installation outside the United States;
(III) the hazards associated with the supplied goods and services if the goods and services fail to achieve the intended purposes;
(IV) the hazards associated with the covered installation outside the United States to which the goods and services are supplied;
(V) the legal, regulatory, and financial infrastructure associated with the covered installation outside the United States to which the goods and services are supplied; and
(VI) the hazards associated with particular forms of transportation.
(ii) FACTORS FOR CONSIDERATION- In determining the formula, the Secretary may--
(aa) goods and services with negligible risk;
(bb) classes of goods and services not intended specifically for use in a nuclear installation;
(cc) a nuclear supplier with a de minimis share of the contingent cost; and
(dd) a nuclear supplier no longer in existence for which there is no identifiable successor; and
(II) establish the period on which the risk assessment is based.
(iii) APPLICATION- In applying the formula, the Secretary shall not consider any covered installation or transportation for which funds would be available under section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210).
(iv) REPORT- Not later than 5 years after the date of the enactment of this Act, and every 5 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report on whether there is a need for continuation or amendment of this section, taking into account the effects of the implementation of the Convention on the United States nuclear industry and suppliers.
(1) COLLECTION OF INFORMATION-
(A) IN GENERAL- The Secretary may collect information necessary for developing and implementing the formula for calculating the deferred payment of a nuclear supplier under subsection (e)(2).
(B) PROVISION OF INFORMATION- Each nuclear supplier and other appropriate persons shall make available to the Secretary such information, reports, records, documents, and other data as the Secretary determines, by regulation, to be necessary or appropriate to develop and implement the formula under subsection (e)(2)(C).
(2) PRIVATE INSURANCE- The Secretary shall make available to nuclear suppliers, and insurers of nuclear suppliers, information to support the voluntary establishment and maintenance of private insurance against any risk for which nuclear suppliers may be required to pay deferred payments under this section.
(g) Effect on Liability- Nothing in any other law (including regulations) limits liability for a covered incident to an amount equal to less than the amount prescribed in paragraph 1(a) of Article IV of the Convention, unless the law--
(1) specifically refers to this section; and
(2) explicitly repeals, alters, amends, modifies, impairs, displaces, or supersedes the effect of this subsection.
(h) Payments to and by the United States-
(1) ACTION BY NUCLEAR SUPPLIERS-
(A) NOTIFICATION- In the case of a request for funds under Article VII of the Convention resulting from a covered incident that is not a Price-Anderson incident, the Secretary shall notify each nuclear supplier of the amount of the deferred payment required to be made by the nuclear supplier.
(i) IN GENERAL- Except as provided under clause (ii), not later than 60 days after receipt of a notification under subparagraph (A), a nuclear supplier shall pay to the general fund of the Treasury the deferred payment of the nuclear supplier required under subparagraph (A).
(ii) ANNUAL PAYMENTS- A nuclear supplier may elect to prorate payment of the deferred payment required under subparagraph (A) in 5 equal annual payments (including interest on the unpaid balance at the prime rate prevailing at the time the first payment is due).
(C) VOUCHERS- A nuclear supplier shall submit payment certification vouchers to the Secretary of the Treasury in accordance with section 3325 of title 31, United States Code.
(A) IN GENERAL- Amounts paid into the Treasury under paragraph (1) shall be available to the Secretary of the Treasury, without further appropriation and without fiscal year limitation, for the purpose of making the contributions of public funds required to be made by the United States under the Convention.
(B) ACTION BY SECRETARY OF TREASURY- The Secretary of the Treasury shall pay the contribution required under the Convention to the court of competent jurisdiction under Article XIII of the Convention with respect to the applicable covered incident.
(3) FAILURE TO PAY- If a nuclear supplier fails to make a payment required under this subsection, the Secretary may take appropriate action to recover from the nuclear supplier--
(A) the amount of the payment due from the nuclear supplier;
(B) any applicable interest on the payment; and
(C) a penalty of not more than twice the amount of the deferred payment due from the nuclear supplier.
(i) Limitation on Judicial Review; Cause of Action-
(1) LIMITATION ON JUDICIAL REVIEW-
(A) IN GENERAL- In any civil action arising under the Convention over which Article XIII of the Convention grants jurisdiction to the courts of the United States, any appeal or review by writ of mandamus or otherwise with respect to a nuclear incident that is not a Price-Anderson incident shall be in accordance with chapter 83 of title 28, United States Code, except that the appeal or review shall occur in the United States Court of Appeals for the District of Columbia Circuit.
(B) SUPREME COURT JURISDICTION- Nothing in this paragraph affects the jurisdiction of the Supreme Court of the United States under chapter 81 of title 28, United States Code.
(2) CAUSE OF ACTION-
(A) IN GENERAL- Subject to subparagraph (B), in any civil action arising under the Convention over which Article XIII of the Convention grants jurisdiction to the courts of the United States, in addition to any other cause of action that may exist, an individual or entity shall have a cause of action against the operator to recover for nuclear damage suffered by the individual or entity.
(B) REQUIREMENT- Subparagraph (A) shall apply only if the individual or entity seeks a remedy for nuclear damage (as defined in Article I of the Convention) that was caused by a nuclear incident (as defined in Article I of the Convention) that is not a Price-Anderson incident.
(C) SAVINGS PROVISION- Nothing in this paragraph may be construed to limit, modify, extinguish, or otherwise affect any cause of action that would have existed in the absence of enactment of this paragraph.
(j) Right of Recourse- This section does not provide to an operator of a covered installation any right of recourse under the Convention.
(k) Protection of Sensitive United States Information- Nothing in the Convention or this section requires the disclosure of--
(1) any data that, at any time, was Restricted Data (as defined in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014));
(2) information relating to intelligence sources or methods protected by section 102A(i) of the National Security Act of 1947 (50 U.S.C. 403-1(i)); or
(3) national security information classified under Executive Order 12958 (50 U.S.C. 435 note; relating to classified national security information) (or a successor Executive Order or regulation).
(1) IN GENERAL- The Secretary or the Commission, as appropriate, may prescribe regulations to carry out section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) and this section.
(2) REQUIREMENT- Rules prescribed under this subsection shall ensure, to the maximum extent practicable, that--
(A) the implementation of section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) and this section is consistent and equitable; and
(B) the financial and operational burden on a Commission licensee in complying with section 170 of that Act is not greater as a result of the enactment of this section.
(3) APPLICABILITY OF PROVISION- Section 553 of title 5, United States Code, shall apply with respect to the promulgation of regulations under this subsection.
(4) EFFECT OF SUBSECTION- The authority provided under this subsection is in addition to, and does not impair or otherwise affect, any other authority of the Secretary or the Commission to prescribe regulations.
(m) Effective Date- This section shall take effect on the date of the enactment of this Act.
SEC. 935. TRANSPARENCY IN EXTRACTIVE INDUSTRIES RESOURCE PAYMENTS.
(a) Purpose- The purpose of this section is to--
(1) ensure greater United States energy security by combating corruption in the governments of foreign countries that receive revenues from the sale of their natural resources; and
(2) enhance the development of democracy and increase political and economic stability in such resource rich foreign countries.
(b) Statement of Policy- It is the policy of the United States--
(1) to increase energy security by promoting anti-corruption initiatives in oil and natural gas rich countries; and
(2) to promote global energy security through promotion of programs such as the Extractive Industries Transparency Initiative (EITI) that seek to instill transparency and accountability into extractive industries resource payments.
(c) Sense of Congress- It is the sense of Congress that the United States should further global energy security and promote democratic development in resource-rich foreign countries by--
(1) encouraging further participation in the EITI by eligible countries and companies; and
(2) promoting the efficacy of the EITI program by ensuring a robust and candid review mechanism.
(1) REPORT REQUIRED- Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in consultation with the Secretary of Energy, shall submit to the appropriate congressional committees a report on progress made in promoting transparency in extractive industries resource payments.
(2) MATTERS TO BE INCLUDED- The report required by paragraph (1) shall include a detailed description of United States participation in the EITI, bilateral and multilateral diplomatic efforts to further participation in the EITI, and other United States initiatives to strengthen energy security, deter energy kleptocracy, and promote transparency in the extractive industries.
(e) Authorization of Appropriations- There is authorized to be appropriated $3,000,000 for the purposes of United States contributions to the Multi-Donor Trust Fund of the EITI.
TITLE X--GREEN JOBS
SEC. 1001. SHORT TITLE.
This title may be cited as the ‘Green Jobs Act of 2007’.
SEC. 1002. ENERGY EFFICIENCY AND RENEWABLE ENERGY WORKER TRAINING PROGRAM.
Section 171 of the Workforce Investment Act of 1998 (29 U.S.C. 2916) is amended by adding at the end the following:
‘(1) GRANT PROGRAM-
‘(A) IN GENERAL- Not later than 6 months after the date of enactment of the Green Jobs Act of 2007, the Secretary, in consultation with the Secretary of Energy, shall establish an energy efficiency and renewable energy worker training program under which the Secretary shall carry out the activities described in paragraph (2) to achieve the purposes of this subsection.
‘(B) ELIGIBILITY- For purposes of providing assistance and services under the program established under this subsection--
‘(i) target populations of eligible individuals to be given priority for training and other services shall include--
‘(I) workers impacted by national energy and environmental policy;
‘(II) individuals in need of updated training related to the energy efficiency and renewable energy industries;
‘(III) veterans, or past and present members of reserve components of the Armed Forces;
‘(IV) unemployed individuals;
‘(V) individuals, including at-risk youth, seeking employment pathways out of poverty and into economic self-sufficiency; and
‘(VI) formerly incarcerated, adjudicated, nonviolent offenders; and
‘(I) the energy-efficient building, construction, and retrofits industries;
‘(II) the renewable electric power industry;
‘(III) the energy efficient and advanced drive train vehicle industry;
‘(IV) the biofuels industry;
‘(V) the deconstruction and materials use industries;
‘(VI) the energy efficiency assessment industry serving the residential, commercial, or industrial sectors; and
‘(VII) manufacturers that produce sustainable products using environmentally sustainable processes and materials.
‘(A) NATIONAL RESEARCH PROGRAM- Under the program established under paragraph (1), the Secretary, acting through the Bureau of Labor Statistics, where appropriate, shall collect and analyze labor market data to track workforce trends resulting from energy-related initiatives carried out under this subsection. Activities carried out under this paragraph shall include--
‘(i) tracking and documentation of academic and occupational competencies as well as future skill needs with respect to renewable energy and energy efficiency technology;
‘(ii) tracking and documentation of occupational information and workforce training data with respect to renewable energy and energy efficiency technology;
‘(iii) collaborating with State agencies, workforce investments boards, industry, organized labor, and community and nonprofit organizations to disseminate information on successful innovations for labor market services and worker training with respect to renewable energy and energy efficiency technology;
‘(iv) serving as a clearinghouse for best practices in workforce development, job placement, and collaborative training partnerships;
‘(v) encouraging the establishment of workforce training initiatives with respect to renewable energy and energy efficiency technologies;
‘(vi) linking research and development in renewable energy and energy efficiency technology with the development of standards and curricula for current and future jobs;
‘(vii) assessing new employment and work practices including career ladder and upgrade training as well as high performance work systems; and
‘(viii) providing technical assistance and capacity building to national and State energy partnerships, including industry and labor representatives.
‘(i) IN GENERAL- Under the program established under paragraph (1), the Secretary shall award National Energy Training Partnerships Grants on a competitive basis to eligible entities to enable such entities to carry out training that leads to economic self-sufficiency and to develop an energy efficiency and renewable energy industries workforce. Grants shall be awarded under this subparagraph so as to ensure geographic diversity with at least 2 grants awarded to entities located in each of the 4 Petroleum Administration for Defense Districts with no subdistricts, and at least 1 grant awarded to an entity located in each of the subdistricts of the Petroleum Administration for Defense District with subdistricts.
‘(ii) ELIGIBILITY- To be eligible to receive a grant under clause (i), an entity shall be a nonprofit partnership that--
‘(I) includes the equal participation of industry, including public or private employers, and labor organizations, including joint labor-management training programs, and may include workforce investment boards, community-based organizations, qualified service and conservation corps, educational institutions, small businesses, cooperatives, State and local veterans agencies, and veterans service organizations; and
‘(II) demonstrates--
‘(iii) PRIORITY- Priority shall be given to partnerships which leverage additional public and private resources to fund training programs, including cash or in-kind matches from participating employers.
‘(i) IN GENERAL- Under the program established under paragraph (1), the Secretary shall award competitive grants to States to enable such States to administer labor market and labor exchange information programs that include the implementation of the activities described in clause (ii), in coordination with the one-stop delivery system.
‘(ii) ACTIVITIES- A State shall use amounts awarded under a grant under this subparagraph to provide funding to the State agency that administers the Wagner-Peyser Act and State unemployment compensation programs to carry out the following activities using State agency merit staff:
‘(I) The identification of job openings in the renewable energy and energy efficiency sector.
‘(II) The administration of skill and aptitude testing and assessment for workers.
‘(III) The counseling, case management, and referral of qualified job seekers to openings and training programs, including energy efficiency and renewable energy training programs.
‘(i) IN GENERAL- Under the program established under paragraph (1), the Secretary shall award competitive grants to States to enable such States to administer renewable energy and energy efficiency workforce development programs that include the implementation of the activities described in clause (ii).
‘(ii) PARTNERSHIPS- A State shall use amounts awarded under a grant under this subparagraph to award competitive grants to eligible State Energy Sector Partnerships to enable such Partnerships to coordinate with existing apprenticeship and labor management training programs and implement training programs that lead to the economic self-sufficiency of trainees.
‘(iii) ELIGIBILITY- To be eligible to receive a grant under this subparagraph, a State Energy Sector Partnership shall--
‘(I) consist of nonprofit organizations that include equal participation from industry, including public or private nonprofit employers, and labor organizations, including joint labor-management training programs, and may include representatives from local governments, the workforce investment system, including one-stop career centers, community based organizations, qualified service and conservation corps, community colleges, and other post-secondary institutions, small businesses, cooperatives, State and local veterans agencies, and veterans service organizations;
‘(II) demonstrate experience in implementing and operating worker skills training and education programs; and
‘(III) demonstrate the ability to identify and involve in training programs, target populations of workers who would benefit from training and be actively involved in activities related to energy efficiency and renewable energy industries.
‘(I) meet national energy policies associated with energy efficiency, renewable energy, and the reduction of emissions of greenhouse gases;
‘(II) meet State energy policies associated with energy efficiency, renewable energy, and the reduction of emissions of greenhouse gases; and
‘(III) leverage additional public and private resources to fund training programs, including cash or in-kind matches from participating employers.
‘(i) IN GENERAL- Under the program established under paragraph (1), the Secretary shall award competitive grants of sufficient size to eligible entities to enable such entities to carry out training that leads to economic self-sufficiency. The Secretary shall give priority to entities that serve individuals in families with income of less than 200 percent of the sufficiency standard for the local areas where the training is conducted that specifies, as defined by the State, or where such standard is not established, the income needs of families, by family size, the number and ages of children in the family, and sub-State geographical considerations. Grants shall be awarded to ensure geographic diversity.
‘(ii) ELIGIBLE ENTITIES- To be eligible to receive a grant an entity shall be a partnership that--
‘(I) includes community-based nonprofit organizations, educational institutions with expertise in serving low-income adults or youth, public or private employers from the industry sectors described in paragraph (1)(B)(ii), and labor organizations representing workers in such industry sectors;
‘(II) demonstrates a record of successful experience in implementing and operating worker skills training and education programs;
‘(III) coordinates activities, where appropriate, with the workforce investment system; and
‘(IV) demonstrates the ability to recruit individuals for training and to support such individuals to successful completion in training programs carried out under this grant, targeting populations of workers who are or will be engaged in activities related to energy efficiency and renewable energy industries.
‘(I) target programs to benefit low-income workers, unemployed youth and adults, high school dropouts, or other underserved sectors of the workforce within areas of high poverty;
‘(II) ensure that supportive services are integrated with education and training, and delivered by organizations with direct access to and experience with targeted populations;
‘(III) leverage additional public and private resources to fund training programs, including cash or in-kind matches from participating employers;
‘(IV) involve employers and labor organizations in the determination of relevant skills and competencies and ensure that the certificates or credentials that result from the training are employer-recognized;
‘(V) deliver courses at alternative times (such as evening and weekend programs) and locations most convenient and accessible to participants and link adult remedial education with occupational skills training; and
‘(VI) demonstrate substantial experience in administering local, municipal, State, Federal, foundation, or private entity grants.
‘(I) The number of participants.
‘(II) The demographic characteristics of participants, including race, gender, age, parenting status, participation in other Federal programs, education and literacy level at entry, significant barriers to employment (such as limited English proficiency, criminal record, addiction or mental health problem requiring treatment, or mental disability).
‘(III) The services received by participants, including training, education, and supportive services.
‘(IV) The amount of program spending per participant.
‘(V) Program completion rates.
‘(VI) Factors determined as significantly interfering with program participation or completion.
‘(VII) The rate of job placement and the rate of employment retention after 1 year.
‘(VIII) The average wage at placement, including any benefits, and the rate of average wage increase after 1 year.
‘(IX) Any post-employment supportive services provided.
‘(A) IN GENERAL- Activities to be carried out under a program authorized by subparagraph (B), (D), or (E) of paragraph (2) shall be coordinated with existing systems or providers, as appropriate. Such activities may include--
‘(i) occupational skills training, including curriculum development, on-the-job training, and classroom training;
‘(ii) safety and health training;
‘(iii) the provision of basic skills, literacy, GED, English as a second language, and job readiness training;
‘(iv) individual referral and tuition assistance for a community college training program, or any training program leading to an industry-recognized certificate;
‘(v) internship programs in fields related to energy efficiency and renewable energy;
‘(vi) customized training in conjunction with an existing registered apprenticeship program or labor-management partnership;
‘(vii) incumbent worker and career ladder training and skill upgrading and retraining;
‘(viii) the implementation of transitional jobs strategies; and
‘(ix) the provision of supportive services.
‘(A) APPLICATION OF WIA- The provisions of sections 181 and 188 of the Workforce Investment Act of 1998 (29 U.S.C. 2931 and 2938) shall apply to all programs carried out with assistance under this subsection.
‘(B) CONSULTATION WITH LABOR ORGANIZATIONS- If a labor organization represents a substantial number of workers who are engaged in similar work or training in an area that is the same as the area that is proposed to be funded under this Act, the labor organization shall be provided an opportunity to be consulted and to submit comments in regard to such a proposal.
‘(A) IN GENERAL- The Secretary shall negotiate and reach agreement with the eligible entities that receive grants and assistance under this section on performance measures for the indicators of performance referred to in subparagraphs (A) and (B) of section 136(b)(2) that will be used to evaluate the performance of the eligible entity in carrying out the activities described in subsection (e)(2). Each performance measure shall consist of such an indicator of performance, and a performance level referred to in subparagraph (B).
‘(B) PERFORMANCE LEVELS- The Secretary shall negotiate and reach agreement with the eligible entity regarding the levels of performance expected to be achieved by the eligible entity on the indicators of performance.
‘(A) STATUS REPORT- Not later than 18 months after the date of enactment of the Green Jobs Act of 2007, the Secretary shall transmit a report to the Senate Committee on Energy and Natural Resources, the Senate Committee on Health, Education, Labor, and Pensions, the House Committee on Education and Labor, and the House Committee on Energy and Commerce on the training program established by this subsection. The report shall include a description of the entities receiving funding and the activities carried out by such entities.
‘(B) EVALUATION- Not later than 3 years after the date of enactment of such Act, the Secretary shall transmit to the Senate Committee on Energy and Natural Resources, the Senate Committee on Health, Education, Labor, and Pensions, the House Committee on Education and Labor, and the House Committee on Energy and Commerce an assessment of such program and an evaluation of the activities carried out by entities receiving funding from such program.
‘(A) not to exceed 20 percent of the amount appropriated in each such fiscal year shall be made available for, and shall be equally divided between, national labor market research and information under paragraph (2)(A) and State labor market information and labor exchange research under paragraph (2)(C), and not more than 2 percent of such amount shall be for the evaluation and report required under paragraph (4);
‘(B) 20 percent shall be dedicated to Pathways Out of Poverty Demonstration Programs under paragraph (2)(E); and
‘(C) the remainder shall be divided equally between National Energy Partnership Training Grants under paragraph (2)(B) and State energy training partnership grants under paragraph (2)(D).’.
TITLE XI--ENERGY TRANSPORTATION AND INFRASTRUCTURE
Subtitle A--Department of Transportation
SEC. 1101. OFFICE OF CLIMATE CHANGE AND ENVIRONMENT.
(a) In General- Section 102 of title 49, United States Code, is amended--
