Author Topic: HR2454 Text Posted in Sections -- TITLE I, II, III, IV  (Read 17598 times)

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Offline Satyagraha

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HR2454 Text Posted in Sections -- TITLE I, II, III, IV
« on: June 27, 2009, 02:41:48 pm »
The Bill:
http://www.rules.house.gov/111/LegText/111_hr2454_sub.pdf

Update: 1428 Pgs now:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h2454eh.txt.pdf

===================================================
Intro Pages through Sec.2. DEFINITIONS
===================================================

H.L.C.
111TH CONGRESS
1ST SESSION H. R. ll
To create clean energy jobs, achieve energy independence, reduce global
warming pollution and transition to a clean energy economy.
IN THE HOUSE OF REPRESENTATIVES
Mr. WAXMAN (for himself and Mr. MARKEY of Massachusetts) introduced the
following bill; which was referred to the Committee on
lllllllllllllll
A BILL
To create clean energy jobs, achieve energy independence,
reduce global warming pollution and transition to a clean
energy economy.
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H.L.C.
1 Be it enacted by the Senate and House of Representa2
tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
4 (a) SHORT TITLE.—This Act may be cited as the
5 ‘‘American Clean Energy and Security Act of 2009’’.
6 (b) TABLE OF CONTENTS.—The table of contents for
7 this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. International participation.
TITLE I—CLEAN ENERGY
Subtitle A—Combined Efficiency and Renewable Electricity Standard
Sec. 101. Combined efficiency and renewable electricity standard.
Sec. 102. Clarifying State authority to adopt renewable energy incentives.
Subtitle B—Carbon Capture and Sequestration
Sec. 111. National strategy.
Sec. 112. Regulations for geologic sequestration sites.
‘‘Sec. 813. Geologic sequestration sites.
Sec. 113. Studies and reports.
Sec. 114. Carbon capture and sequestration demonstration and early deployment
program.
Sec. 115. Commercial deployment of carbon capture and sequestration technologies.
‘‘Sec. 786. Commercial deployment of carbon capture and sequestration
technologies.
Sec. 116. Performance standards for coal-fueled power plants.
‘‘Sec. 812. Performance standards for new coal-fired power plants.
Subtitle C—Clean Transportation
Sec. 121. Electric vehicle infrastructure.
Sec. 122. Large-scale vehicle electrification program.
Sec. 123. Plug-in electric drive vehicle manufacturing.
Sec. 124. Investment in clean vehicles.
Sec. 125. Advanced technology vehicle manufacturing incentive loans.
Sec. 126. Amendment to renewable fuels standard.
Sec. 127. Open fuel standard.
Sec. 128. Diesel emissions reduction.
Sec. 129. Loan guarantees for projects to construct renewable fuel pipelines.
Subtitle D—State Energy and Environment Development Accounts
Sec. 131. Establishment of SEED Accounts.
Sec. 132. Support of State renewable energy and energy efficiency programs.
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H.L.C.
Sec. 133. Support of Indian renewable energy and energy efficiency programs.
Subtitle E—Smart Grid Advancement
Sec. 141. Definitions.
Sec. 142. Assessment of Smart Grid cost effectiveness in products.
Sec. 143. Inclusions of Smart Grid capability on appliance ENERGY GUIDE
labels.
Sec. 144. Smart Grid peak demand reduction goals.
Sec. 145. Reauthorization of energy efficiency public information program to
include Smart Grid information.
Sec. 146. Inclusion of Smart Grid features in appliance rebate program.
Subtitle F—Transmission Planning
Sec. 151. Transmission planning.
Sec. 152. Net metering for Federal agencies.
Sec. 153. Support for qualified advanced electric transmission manufacturing
plants, qualified high efficiency transmission property, and
qualified advanced electric transmission property.
Subtitle G—Technical Corrections to Energy Laws
Sec. 161. Technical corrections to Energy Independence and Security Act of
2007.
Sec. 162. Technical corrections to Energy Policy Act of 2005.
Subtitle H—Energy and Efficiency Centers and Research
Sec. 171. Energy Innovation Hubs.
Sec. 172. Advanced energy research.
Sec. 173. Building Assessment Centers.
Sec. 174. Centers for Energy and Environmental Knowledge and Outreach.
Subtitle I—Nuclear and Advanced Technologies
Sec. 181. Revisions to loan guarantee program authority.
Sec. 182. Purpose.
Sec. 183. Definitions.
Sec. 184. Clean energy investment fund.
Sec. 185. Energy technology deployment goals.
Sec. 186. Clean energy deployment administration.
Sec. 187. Direct support.
Sec. 188. Indirect support.
Sec. 189. Federal credit authority.
Sec. 190. General provisions.
Sec. 191. Conforming amendments.
Subtitle J—Miscellaneous
Sec. 195. Increased hydroelectric generation at existing Federal facilities.
Sec. 196. Clean technology business competition grant program.
Sec. 197. National Bioenergy Partnership.
Sec. 198. Office of Consumer Advocacy.
TITLE II—ENERGY EFFICIENCY
Subtitle A—Building Energy Efficiency Programs
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H.L.C.
Sec. 201. Greater energy efficiency in building codes.
Sec. 202. Building retrofit program.
Sec. 203. Energy efficient manufactured homes.
Sec. 204. Building energy performance labeling program.
Sec. 205. Tree planting programs.
Sec. 206. Energy efficiency for data center buildings.
Subtitle B—Lighting and Appliance Energy Efficiency Programs
Sec. 211. Lighting efficiency standards.
Sec. 212. Other appliance efficiency standards.
Sec. 213. Appliance efficiency determinations and procedures.
Sec. 214. Best-in-Class Appliances Deployment Program.
Sec. 215. WaterSense.
Sec. 216. Federal procurement of water efficient products.
Sec. 217. Water efficient product rebate programs.
Sec. 218. Certified stoves program.
Sec. 219. Energy Star standards.
Subtitle C—Transportation Efficiency
Sec. 221. Emissions standards.
‘‘PART B—MOBILE SOURCES
‘‘Sec. 821. Greenhouse gas emission standards for mobile sources.
Sec. 222. Greenhouse gas emissions reductions through transportation efficiency.
‘‘PART D—TRANSPORTATION EMISSIONS
‘‘Sec. 841. Greenhouse gas emissions reductions through transportation efficiency.
Sec. 223. SmartWay transportation efficiency program.
‘‘Sec. 822. SmartWay transportation efficiency program.
Sec. 224. State vehicle fleets.
Subtitle D—Industrial Energy Efficiency Programs
Sec. 241. Industrial plant energy efficiency standards.
Sec. 242. Electric and thermal waste energy recovery award program.
Sec. 243. Clarifying election of waste heat recovery financial incentives.
Sec. 244. Motor market assessment and commercial awareness program.
Sec. 245. Motor efficiency rebate program.
Subtitle E—Improvements in Energy Savings Performance Contracting
Sec. 251. Energy savings performance contracts.
Subtitle F—Public Institutions
Sec. 261. Public institutions.
Sec. 262. Community energy efficiency flexibility.
Sec. 263. Small community joint participation.
Sec. 264. Low income community energy efficiency program.
Subtitle G—Miscellaneous
Sec. 271. Energy efficient information and communications technologies.
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H.L.C.
Sec. 272. National energy efficiency goals.
Sec. 273. Affiliated island energy independence team.
Sec. 274. Product carbon disclosure program.
TITLE III—REDUCING GLOBAL WARMING POLLUTION
Sec. 301. Short title.
Subtitle A—Reducing Global Warming Pollution
Sec. 311. Reducing global warming pollution.
‘‘TITLE VII—GLOBAL WARMING POLLUTION REDUCTION
PROGRAM
‘‘PART A—GLOBAL WARMING POLLUTION REDUCTION GOALS AND TARGETS
‘‘Sec. 701. Findings and purpose.
‘‘Sec. 702. Economy-wide reduction goals.
‘‘Sec. 703. Reduction targets for specified sources.
‘‘Sec. 704. Supplemental pollution reductions.
‘‘Sec. 705. Review and program recommendations.
‘‘Sec. 706. National Academy review.
‘‘Sec. 707. Presidential response and recommendations.
‘‘PART B—DESIGNATION AND REGISTRATION OF GREENHOUSE GASES
‘‘Sec. 711. Designation of greenhouse gases.
‘‘Sec. 712. Carbon dioxide equivalent value of greenhouse gases.
‘‘Sec. 713. Greenhouse gas registry.
‘‘PART C—PROGRAM RULES
‘‘Sec. 721. Emission allowances.
‘‘Sec. 722. Prohibition of excess emissions.
‘‘Sec. 723. Penalty for noncompliance.
‘‘Sec. 724. Trading.
‘‘Sec. 725. Banking and borrowing.
‘‘Sec. 726. Strategic reserve.
‘‘Sec. 727. Permits.
‘‘Sec. 728. International emission allowances.
‘‘PART D—OFFSETS
‘‘Sec. 731. Offsets Integrity Advisory Board.
‘‘Sec. 732. Establishment of offsets program.
‘‘Sec. 733. Eligible project types.
‘‘Sec. 734. Requirements for offset projects.
‘‘Sec. 735. Approval of offset projects.
‘‘Sec. 736. Verification of offset projects.
‘‘Sec. 737. Issuance of offset credits.
‘‘Sec. 738. Audits.
‘‘Sec. 739. Program review and revision.
‘‘Sec. 740. Early offset supply.
‘‘Sec. 741. Environmental considerations.
‘‘Sec. 742. Trading.
‘‘Sec. 743. International offset credits.
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H.L.C.
‘‘PART E—SUPPLEMENTAL EMISSIONS REDUCTIONS FROM REDUCED
DEFORESTATION
‘‘Sec. 751. Definitions.
‘‘Sec. 752. Findings.
‘‘Sec. 753. Supplemental emissions reductions through reduced deforestation.
‘‘Sec. 754. Requirements for international deforestation reduction program.
‘‘Sec. 755. Reports and reviews.
‘‘Sec. 756. Legal effect of part.
Sec. 312. Definitions.
‘‘Sec. 700. Definitions.
Subtitle B—Disposition of Allowances
Sec. 321. Disposition of allowances for global warming pollution reduction program.
‘‘PART H—DISPOSITION OF ALLOWANCES
‘‘Sec. 781. Allocation of allowances for supplemental reductions.
‘‘Sec. 782. Allocation of emission allowances.
‘‘Sec. 783. Electricity consumers.
‘‘Sec. 784. Natural gas consumers.
‘‘Sec. 785. Home heating oil, propane, and kerosene consumers.
‘‘Sec. 787. Allocations to refineries.
‘‘Sec. 788. øSECTION RESERVED¿.
‘‘Sec. 789. Climate change consumer refunds.
‘‘Sec. 790. Exchange for State-issued allowances.
‘‘Sec. 791. Auction procedures.
‘‘Sec. 792. Auctioning allowances for other entities.
‘‘Sec. 793. Establishment of funds.
‘‘Sec. 794. Oversight of allocations.
Subtitle C—Additional Greenhouse Gas Standards
Sec. 331. Greenhouse gas standards.
‘‘TITLE VIII—ADDITIONAL GREENHOUSE GAS STANDARDS
‘‘Sec. 801. Definitions.
‘‘PART A—STATIONARY SOURCE STANDARDS
‘‘Sec. 811. Standards of performance.
‘‘PART C—EXEMPTIONS FROM OTHER PROGRAMS
‘‘Sec. 831. Criteria pollutants.
‘‘Sec. 832. International air pollution.
‘‘Sec. 833. Hazardous air pollutants.
‘‘Sec. 834. New source review.
‘‘Sec. 835. Title V permits.
Sec. 332. HFC Regulation.
Sec. 333. Black carbon.
‘‘PART E—BLACK CARBON
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H.L.C.
‘‘Sec. 851. Black carbon.
Sec. 334. States.
Sec. 335. State programs.
‘‘PART F—MISCELLANEOUS
‘‘Sec. 861. State programs.
‘‘Sec. 862. Grants for support of air pollution control programs.
Sec. 336. Enforcement.
Sec. 337. Conforming amendments.
Sec. 338. Davis-Bacon compliance.
Sec. 339. National strategy for domestic biological carbon sequestration.
Subtitle D—Carbon Market Assurance
Sec. 341. Carbon market assurance.
Subtitle E—Additional Market Assurance
Sec. 351. Regulation of certain transactions in derivatives involving energy
commodities.
Sec. 352. No effect on authority of the Federal Energy Regulatory Commission.
Sec. 353. Inspector General of the Commodity Futures Trading Commission.
Sec. 354. Settlement and clearing through registered derivatives clearing organizations.
Sec. 355. Limitation on eligibility to purchase a credit default swap.
Sec. 356. Transaction fees.
Sec. 357. No effect on antitrust law or authority of the Federal Trade Commission.
Sec. 358. Regulation of carbon derivatives markets.
Sec. 359. Cease-and-desist authority.
TITLE IV—TRANSITIONING TO A CLEAN ENERGY ECONOMY
Subtitle A—Ensuring Real Reductions in Industrial Emissions
Sec. 401. Ensuring real reductions in industrial emissions.
‘‘PART F—ENSURING REAL REDUCTIONS IN INDUSTRIAL EMISSIONS
‘‘Sec. 761. Purposes.
‘‘Sec. 762. International negotiations.
‘‘Sec. 763. Definitions.
‘‘SUBPART 1—EMISSION ALLOWANCE REBATE PROGRAM
‘‘Sec. 764. Eligible industrial sectors.
‘‘Sec. 765. Distribution of emission allowance rebates.
‘‘SUBPART 2—INTERNATIONAL RESERVE ALLOWANCE PROGRAM
‘‘Sec. 766. International reserve allowance program.
‘‘SUBPART 3—PRESIDENTIAL DETERMINATION
‘‘Sec. 767. Presidential reports and determinations.
Subtitle B—Green Jobs and Worker Transition
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H.L.C.
PART 1—GREEN JOBS
Sec. 421. Clean energy curriculum development grants.
Sec. 422. Increased funding for energy worker training program.
PART 2—CLIMATE CHANGE WORKER ADJUSTMENT ASSISTANCE
Sec. 425. Petitions, eligibility requirements, and determinations.
Sec. 426. Program benefits.
Sec. 427. General provisions.
Subtitle C—Consumer Assistance
Sec. 431. Energy refund program.
Sec. 432. Modification of earned income credit amount for individuals with no
qualifying children.
Sec. 433. Protection of Social Security and Medicare trust funds.
Subtitle D—Exporting Clean Technology
Sec. 441. Findings and purposes.
Sec. 442. Definitions.
Sec. 443. Governance.
Sec. 444. Determination of eligible countries.
Sec. 445. Qualifying activities.
Sec. 446. Assistance.
Subtitle E—Adapting to Climate Change
PART 1—DOMESTIC ADAPTATION
SUBPART A—NATIONAL CLIMATE CHANGE ADAPTATION PROGRAM
Sec. 451. Global change research and data management.
Sec. 452. National Climate Service.
Sec. 453. State programs to build resilience to climate change impacts.
SUBPART B—PUBLIC HEALTH AND CLIMATE CHANGE
Sec. 461. Sense of Congress on public health and climate change.
Sec. 462. Relationship to other laws.
Sec. 463. National strategic action plan.
Sec. 464. Advisory board.
Sec. 465. Reports.
Sec. 466. Definitions.
Sec. 467. Climate Change Health Protection and Promotion Fund.
SUBPART C—NATURAL RESOURCE ADAPTATION
Sec. 471. Purposes.
Sec. 472. Natural resources climate change adaptation policy.
Sec. 473. Definitions.
Sec. 474. Council on Environmental Quality.
Sec. 475. Natural Resources Climate Change Adaptation Panel.
Sec. 476. Natural Resources Climate Change Adaptation Strategy.
Sec. 477. Natural resources adaptation science and information.
Sec. 478. Federal natural resource agency adaptation plans.
Sec. 479. State natural resources adaptation plans.
Sec. 480. Natural Resources Climate Change Adaptation Fund.
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H.L.C.
Sec. 481. National Wildlife Habitat and Corridors Information Program.
Sec. 482. Additional provisions regarding Indian tribes.
PART 2—INTERNATIONAL CLIMATE CHANGE ADAPTATION PROGRAM
Sec. 491. Findings and purposes.
Sec. 492. Definitions.
Sec. 493. International Climate Change Adaptation Program.
Sec. 494. Distribution of allowances.
Sec. 495. Bilateral assistance.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

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Re: TEXT of HR2454 Posted in Sections
« Reply #1 on: June 27, 2009, 02:48:53 pm »
===================================================
Sec. 2 DEFINITIONS through TITLE 1 - Clean Energy
===================================================

1 SEC. 2. DEFINITIONS.
2 For purposes of this Act:
3 (1) ADMINISTRATOR.—The term ‘‘Adminis4
trator’’ means the Administrator of the Environ5
mental Protection Agency.
6 (2) STATE.—The term ‘‘State’’ has the mean7
ing given that term in section 302 of the Clean Air
8 Act.
9 SEC. 3. INTERNATIONAL PARTICIPATION.
10 The Administrator, in consultation with the Depart11
ment of State and the United States Trade Representa12
tive, shall annually prepare and certify a report to the
13 Congress regarding whether China and India have adopted
14 greenhouse gas emissions standards at least as strict as
15 those standards required under this Act. If the Adminis16
trator determines that China and India have not adopted
17 greenhouse gas emissions standards at least as stringent
18 as those set forth in this Act, the Administrator shall no19
tify each Member of Congress of his determination, and
20 shall release his determination to the media.
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And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

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  • Posts: 8,939
Re: TEXT of HR2454 Posted in Sections
« Reply #2 on: June 27, 2009, 02:51:43 pm »
===================================================
TITLE I - Clean Energy
===================================================
Subtitle A: Combined Efficiency and Renewable Electricity Standard
===================================================
1 TITLE I—CLEAN ENERGY
2 Subtitle A—Combined Efficiency
3 and Renewable Electricity
4 Standard
5 SEC. 101. COMBINED EFFICIENCY AND RENEWABLE ELEC6
TRICITY STANDARD.
7 (a) IN GENERAL.—Title VI of the Public Utility Reg8
ulatory Policies Act of 1978 (16 U.S.C. 2601 and fol9
lowing) is amended by adding at the end the following:
10 ‘‘SEC. 610. COMBINED EFFICIENCY AND RENEWABLE ELEC11
TRICITY STANDARD.
12 ‘‘(a) DEFINITIONS.—For purposes of this section:
13 ‘‘(1) CHP SAVINGS.—The term ‘CHP savings’
14 means—
15 ‘‘(A) CHP system savings from a combined
16 heat and power system that commences oper17
ation after the date of enactment of this sec18
tion; and
19 ‘‘(B) the increase in CHP system savings
20 from, at any time after the date of the enact21
ment of this section, upgrading, replacing, ex22
panding, or increasing the utilization of a com23
bined heat and power system that commenced
24 operation on or before the date of enactment of
25 this section.
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H.L.C.
1 ‘‘(2) CHP SYSTEM SAVINGS.—The term ‘CHP
2 system savings’ means the increment of electric out3
put of a combined heat and power system that is at4
tributable to the higher efficiency of the combined
5 system (as compared to the efficiency of separate
6 production of the electric and thermal outputs).
7 ‘‘(3) COMBINED HEAT AND POWER SYSTEM.—
8 The term ‘combined heat and power system’ means
9 a system that uses the same energy source both for
10 the generation of electrical or mechanical power and
11 the production of steam or another form of useful
12 thermal energy, provided that—
13 ‘‘(A) the system meets such requirements
14 relating to efficiency and other operating char15
acteristics as the Commission may promulgate
16 by regulation; and
17 ‘‘(B) the net sales of electricity by the fa18
cility to customers not consuming the thermal
19 output from that facility will not exceed 50 per20
cent of total annual electric generation by the
21 facility.
22 ‘‘(4) CUSTOMER FACILITY SAVINGS.—The term
23 ‘customer facility savings’ means a reduction in end24
use electricity consumption (including recycled en25
ergy savings) at a facility of an end-use consumer of
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H.L.C.
1 electricity served by a retail electric supplier, as
2 compared to—
3 ‘‘(A) in the case of a new facility, con4
sumption at a reference facility of average effi5
ciency;
6 ‘‘(B) in the case of an existing facility,
7 consumption at such facility during a base pe8
riod, except as provided in subparagraphs (C)
9 and (D);
10 ‘‘(C) in the case of new equipment that re11
places existing equipment with remaining useful
12 life, the projected consumption of the existing
13 equipment for the remaining useful life of such
14 equipment, and thereafter, consumption of new
15 equipment of average efficiency of the same
16 equipment type; and
17 ‘‘(D) in the case of new equipment that re18
places existing equipment at the end of the use19
ful life of the existing equipment, consumption
20 by new equipment of average efficiency of the
21 same equipment type.
22 ‘‘(5) DISTRIBUTED RENEWABLE GENERATION
23 FACILITY.—The term ‘distributed renewable genera24
tion facility’ means a facility that—
25 ‘‘(A) generates renewable electricity;
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H.L.C.
1 ‘‘(B) primarily serves 1 or more electricity
2 consumers at or near the facility site; and
3 ‘‘(C) is no greater than—
4 ‘‘(i) 2 megawatts in capacity; or
5 ‘‘(ii) 4 megawatts in capacity, in the
6 case of a facility that is placed in service
7 after the date of enactment of this section
8 and generates electricity from a renewable
9 energy resource other than by means of
10 combustion.
11 ‘‘(6) ELECTRICITY SAVINGS.—The term ‘elec12
tricity savings’ means reductions in electricity con13
sumption, relative to business-as-usual projections,
14 achieved through measures implemented after the
15 date of enactment of this section, limited to—
16 ‘‘(A) customer facility savings of elec17
tricity, adjusted to reflect any associated in18
crease in fuel consumption at the facility;
19 ‘‘(B) reductions in distribution system
20 losses of electricity achieved by a retail elec21
tricity distributor, as compared to losses attrib22
utable to new or replacement distribution sys23
tem equipment of average efficiency;
24 ‘‘(C) CHP savings; and
25 ‘‘(D) fuel cell savings.
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H.L.C.
1 ‘‘(7) FEDERAL LAND.—The term ‘Federal land’
2 means land owned by the United States, other than
3 land held in trust for an Indian or Indian tribe.
4 ‘‘(8) FEDERAL RENEWABLE ELECTRICITY
5 CREDIT.—The term ‘Federal renewable electricity
6 credit’ means a credit, representing one megawatt
7 hour of renewable electricity, issued pursuant to sub8
section (e).
9 ‘‘(9) FUEL CELL.—The term ‘fuel cell’ means a
10 device that directly converts the chemical energy of
11 a fuel and an oxidant into electricity by electro12
chemical processes occurring at separate electrodes
13 in the device.
14 ‘‘(10) FUEL CELL SAVINGS.—The term ‘fuel
15 cell savings’ means the electricity saved by a fuel cell
16 that is installed after the date of enactment of this
17 section, or by upgrading a fuel cell that commenced
18 operation on or before the date of enactment of this
19 section, as a result of the greater efficiency with
20 which the fuel cell transforms fuel into electricity as
21 compared with sources of electricity delivered
22 through the grid, provided that—
23 ‘‘(A) the fuel cell meets such requirements
24 relating to efficiency and other operating char-
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H.L.C.
1 acteristics as the Commission may promulgate
2 by regulation; and
3 ‘‘(B) the net sales of electricity from the
4 fuel cell to customers not consuming the ther5
mal output from the fuel cell, if any, do not ex6
ceed 50 percent of the total annual electricity
7 generation by the fuel cell.
8 ‘‘(11) HIGH CONSERVATION PRIORITY LAND.—
9 The term ‘high conservation priority land’ means
10 land that is not Federal land and is—
11 ‘‘(A) globally or State ranked as critically
12 imperiled or imperiled under a State Natural
13 Heritage Program; or
14 ‘‘(B) old-growth or late-successional forest,
15 as identified by the office of the relevant State
16 Forester or relevant State agency with regu17
latory jurisdiction over forestry activities.
18 ‘‘(12) OTHER QUALIFYING ENERGY RE19
SOURCE.—The term ‘other qualifying energy re20
source’ means any of the following:
21 ‘‘(A) Landfill gas.
22 ‘‘(B) Wastewater treatment gas.
23 ‘‘(C) Coal mine methane used to generate
24 electricity at or near the mine mouth.
25 ‘‘(D) Qualified waste-to-energy.
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H.L.C.
1 ‘‘(13) QUALIFIED HYDROPOWER.—The term
2 ‘qualified hydropower’ means—
3 ‘‘(A) energy produced from increased effi4
ciency achieved, or additions of capacity made,
5 on or after January 1, 1992, at a hydroelectric
6 facility that was placed in service before that
7 date and does not include additional energy
8 generated as a result of operational changes not
9 directly associated with efficiency improvements
10 or capacity additions; or
11 ‘‘(B) energy produced from generating ca12
pacity added to a dam on or after January 1,
13 1992, provided that the Commission certifies
14 that—
15 ‘‘(i) the dam was placed in service be16
fore the date of the enactment of this sec17
tion and was operated for flood control,
18 navigation, or water supply purposes and
19 was not producing hydroelectric power
20 prior to the addition of such capacity;
21 ‘‘(ii) the hydroelectric project installed
22 on the dam is licensed (or is exempt from
23 licensing) by the Commission and is in
24 compliance with the terms and conditions
25 of the license or exemption, and with other
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H.L.C.
1 applicable legal requirements for the pro2
tection of environmental quality, including
3 applicable fish passage requirements; and
4 ‘‘(iii) the hydroelectric project in5
stalled on the dam is operated so that the
6 water surface elevation at any given loca7
tion and time that would have occurred in
8 the absence of the hydroelectric project is
9 maintained, subject to any license or ex10
emption requirements that require changes
11 in water surface elevation for the purpose
12 of improving the environmental quality of
13 the affected waterway.
14 ‘‘(14) QUALIFIED WASTE-TO-ENERGY.—The
15 term ‘qualified waste-to-energy’ means energy from
16 the combustion of municipal solid waste or construc17
tion, demolition, or disaster debris, or from the gas18
ification or pyrolization of such waste or debris and
19 the combustion of the resulting gas at the same fa20
cility, provided that—
21 ‘‘(A) such term shall include only the en22
ergy derived from the non-fossil biogenic por23
tion of such waste or debris;
24 ‘‘(B) the Commission determines, with the
25 concurrence of the Administrator of the Envi-
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H.L.C.
1 ronmental Protection Agency, that the total
2 lifecycle greenhouse gas emissions attributable
3 to the generation of electricity from such waste
4 or debris are lower than those attributable to
5 the likely alternative method of disposing of
6 such waste or debris; and
7 ‘‘(C) the owner or operator of the facility
8 generating electricity from such energy provides
9 to the Commission, on an annual basis—
10 ‘‘(i) a certification that the facility is
11 in compliance with all applicable State,
12 tribal, and Federal environmental permits;
13 ‘‘(ii) in the case of a facility that com14
menced operation before the date of enact15
ment of this section, a certification that
16 the facility meets emissions standards pro17
mulgated under sections 112 or 129 of the
18 Clean Air Act (42 U.S.C. 7412 or 7429)
19 that apply as of the date of enactment of
20 this section to new facilities within the rel21
evant source category; and
22 ‘‘(iii) in the case of the combustion,
23 pyrolization, or gasification of municipal
24 solid waste, a certification that each local
25 government unit from which such waste
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H.L.C.
1 originates operates, participates in the op2
eration of, contracts for, or otherwise pro3
vides for, recycling services for its resi4
dents.
5 ‘‘(15) RECYCLED ENERGY SAVINGS.—The term
6 ‘recycled energy savings’ means a reduction in elec7
tricity consumption that results from a modification
8 of an industrial or commercial system that com9
menced operation before the date of enactment of
10 this section, in order to recapture electrical, mechan11
ical, or thermal energy that would otherwise be
12 wasted.
13 ‘‘(16) RENEWABLE BIOMASS.—The term ‘re14
newable biomass’ means any of the following:
15 ‘‘(A) Plant material, including waste mate16
rial, harvested or collected from actively man17
aged agricultural land that was in cultivation,
18 cleared, or fallow and nonforested on January
19 1, 2009.
20 ‘‘(B) Plant material, including waste mate21
rial, harvested or collected from pastureland
22 that was nonforested on January 1, 2009.
23 ‘‘(C) Nonhazardous vegetative matter de24
rived from waste, including separated yard
25 waste, landscape right-of-way trimmings, con-
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H.L.C.
1 struction and demolition debris or food waste
2 (but not municipal solid waste, recyclable waste
3 paper, painted, treated or pressurized wood, or
4 wood contaminated with plastic or metals).
5 ‘‘(D) Animal waste or animal byproducts,
6 including products of animal waste digesters.
7 ‘‘(E) Algae.
8 ‘‘(F) Trees, brush, slash, residues, or any
9 other vegetative matter removed from within
10 600 feet of any building, campground, or route
11 designated for evacuation by a public official
12 with responsibility for emergency preparedness,
13 or from within 300 feet of a paved road, electric
14 transmission line, utility tower, or water supply
15 line.
16 ‘‘(G) Residues from or byproducts of
17 milled logs.
18 ‘‘(H) Any of the following removed from
19 forested land that is not Federal and is not
20 high conservation priority land:
21 ‘‘(i) Trees, brush, slash, residues,
22 interplanted energy crops, or any other
23 vegetative matter removed from an actively
24 managed tree plantation established—
25 ‘‘(I) prior to January 1, 2009; or
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H.L.C.
1 ‘‘(II) on land that, as of January
2 1, 2009, was cultivated or fallow and
3 non-forested.
4 ‘‘(ii) Trees, logging residue, thinnings,
5 cull trees, pulpwood, and brush removed
6 from naturally-regenerated forests or other
7 non-plantation forests, including for the
8 purposes of hazardous fuel reduction or
9 preventative treatment for reducing or con10
taining insect or disease infestation.
11 ‘‘(iii) Logging residue, thinnings, cull
12 trees, pulpwood, brush and species that are
13 non-native and noxious, from stands that
14 were planted and managed after January
15 1, 2009, to restore or maintain native for16
est types.
17 ‘‘(iv) Dead or severely damaged trees
18 removed within 5 years of fire, blowdown,
19 or other natural disaster, and badly in20
fested trees.
21 ‘‘(I) Materials, pre-commercial thinnings,
22 or removed invasive species from National For23
est System land and public lands (as defined in
24 section 103 of the Federal Land Policy and
25 Management Act of 1976 (43 U.S.C. 1702)),
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H.L.C.
1 including those that are byproducts of preven2
tive treatments (such as trees, wood, brush,
3 thinnings, chips, and slash), that are removed
4 as part of a federally recognized timber sale, or
5 that are removed to reduce hazardous fuels, to
6 reduce or contain disease or insect infestation,
7 or to restore ecosystem health, and that are—
8 ‘‘(i) not from components of the Na9
tional Wilderness Preservation System,
10 Wilderness Study Areas, Inventoried
11 Roadless Areas, old growth or mature for12
est stands, components of the National
13 Landscape Conservation System, National
14 Monuments, National Conservation Areas,
15 Designated Primitive Areas, or Wild and
16 Scenic Rivers corridors;
17 ‘‘(ii) harvested in environmentally sus18
tainable quantities, as determined by the
19 appropriate Federal land manager; and
20 ‘‘(iii) harvested in accordance with
21 Federal and State law and applicable land
22 management plans.
23 ‘‘(17) RENEWABLE ELECTRICITY.—The term
24 ‘renewable electricity’ means electricity generated
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H.L.C.
1 (including by means of a fuel cell) from a renewable
2 energy resource or other qualifying energy resources.
3 ‘‘(18) RENEWABLE ENERGY RESOURCE.—The
4 term ‘renewable energy resource’ means each of the
5 following:
6 ‘‘(A) Wind energy.
7 ‘‘(B) Solar energy.
8 ‘‘(C) Geothermal energy.
9 ‘‘(D) Renewable biomass.
10 ‘‘(E) Biogas derived exclusively from re11
newable biomass.
12 ‘‘(F) Biofuels derived exclusively from re13
newable biomass.
14 ‘‘(G) Qualified hydropower.
15 ‘‘(H) Marine and hydrokinetic renewable
16 energy, as that term is defined in section 632
17 of the Energy Independence and Security Act
18 of 2007 (42 U.S.C. 17211).
19 ‘‘(19) RETAIL ELECTRIC SUPPLIER.—
20 ‘‘(A) IN GENERAL.—The term ‘retail elec21
tric supplier’ means, for any given year, an
22 electric utility that sold not less than 4,000,000
23 megawatt hours of electric energy to electric
24 consumers for purposes other than resale dur25
ing the preceding calendar year.
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H.L.C.
1 ‘‘(B) INCLUSIONS AND LIMITATIONS.—For
2 purposes of determining whether an electric
3 utility qualifies as a retail electric supplier
4 under subparagraph (A)—
5 ‘‘(i) the sales of any affiliate of an
6 electric utility to electric consumers, other
7 than sales to the affiliate’s lessees or ten8
ants, for purposes other than resale shall
9 be considered to be sales of such electric
10 utility; and
11 ‘‘(ii) sales by any electric utility to an
12 affiliate, lessee, or tenant of such electric
13 utility shall not be treated as sales to elec14
tric consumers.
15 ‘‘(C) AFFILIATE.—For purposes of this
16 paragraph, the term ‘affiliate’ when used in re17
lation to a person, means another person that
18 directly or indirectly owns or controls, is owned
19 or controlled by, or is under common ownership
20 or control with, such person, as determined
21 under regulations promulgated by the Commis22
sion.
23 ‘‘(20) RETAIL ELECTRIC SUPPLIER’S BASE
24 AMOUNT.—The term ‘retail electric supplier’s base
25 amount’ means the total amount of electric energy
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H.L.C.
1 sold by the retail electric supplier, expressed in
2 megawatt hours, to electric customers for purposes
3 other than resale during the relevant calendar year,
4 excluding—
5 ‘‘(A) electricity generated by a hydro6
electric facility that is not qualified hydropower;
7 ‘‘(B) electricity generated by a nuclear
8 generating unit placed in service after the date
9 of enactment of this section; and
10 ‘‘(C) the proportion of electricity generated
11 by a fossil-fueled generating unit that is equal
12 to the proportion of greenhouse gases produced
13 by such unit that are captured and geologically
14 sequestered.
15 ‘‘(21) RETIRE AND RETIREMENT.—The terms
16 ‘retire’ and ‘retirement’ with respect to a Federal re17
newable electricity credit, means to disqualify such
18 credit for any subsequent use under this section, re19
gardless of whether the use is a sale, transfer, ex20
change, or submission in satisfaction of a compliance
21 obligation.
22 ‘‘(22) THIRD-PARTY EFFICIENCY PROVIDER.—
23 The term ‘third-party efficiency provider’ means any
24 retailer, building owner, energy service company, fi25
nancial institution or other commercial, industrial or
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H.L.C.
1 nonprofit entity that is capable of providing elec2
tricity savings in accordance with the requirements
3 of this section.
4 ‘‘(23) TOTAL ANNUAL ELECTRICITY SAVINGS.—
5 The term ‘total annual electricity savings’ means
6 electricity savings during a specified calendar year
7 from measures implemented since the date of the en8
actment of this section, taking into account verified
9 measure lifetimes or verified annual savings attrition
10 rates, as determined in accordance with such regula11
tions as the Commission may promulgate and meas12
ured in megawatt hours.
13 ‘‘(b) ANNUAL COMPLIANCE OBLIGATION.—
14 ‘‘(1) IN GENERAL.—For each of calendar years
15 2012 through 2039, not later than March 31 of the
16 following calendar year, each retail electric supplier
17 shall submit to the Commission an amount of Fed18
eral renewable electricity credits and demonstrated
19 total annual electricity savings that, in the aggre20
gate, is equal to such retail electric supplier’s annual
21 combined target as set forth in subsection (d), ex22
cept as otherwise provided in subsection (g).
23 ‘‘(2) DEMONSTRATION OF SAVINGS.—For pur24
poses of this subsection, submission of demonstrated
25 total annual electricity savings means submission of
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H.L.C.
1 a report that demonstrates, in accordance with the
2 requirements of subsection (f), the total annual elec3
tricity savings achieved by the retail electric supplier
4 within the relevant compliance year.
5 ‘‘(3) RENEWABLE ELECTRICITY CREDITS POR6
TION.—Except as provided in paragraph (4), each
7 retail electric supplier must submit Federal renew8
able electricity credits equal to at least three quar9
ters of the retail electric supplier’s annual combined
10 target.
11 ‘‘(4) STATE PETITION.—
12 ‘‘(A) IN GENERAL.—Upon written request
13 from the Governor of any State (including, for
14 purposes of this paragraph, the Mayor of the
15 District of Columbia), the Commission shall in16
crease, to not more than two fifths, the propor17
tion of the annual combined targets of retail
18 electric suppliers located within such State that
19 may be met through submission of dem20
onstrated total annual electricity savings, pro21
vided that such increase shall be effective only
22 with regard to the portion of a retail electric
23 supplier’s annual combined target that is attrib24
utable to electricity sales within such State.
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H.L.C.
1 ‘‘(B) CONTENTS.—A Governor’s request
2 under this paragraph shall include an expla3
nation of the Governor’s rationale for deter4
mining, after consultation with the relevant
5 State regulatory authority and other retail elec6
tricity ratemaking authorities within the State,
7 to make such request. The request shall specify
8 the maximum proportion of annual combined
9 targets (not more than two fifths) that can be
10 met through demonstrated total annual elec11
tricity savings, and the period for which such
12 proportion shall be effective.
13 ‘‘(C) REVISION.—The Governor of any
14 State may, after consultation with the relevant
15 State regulatory authority and other retail elec16
tricity ratemaking authorities within the State,
17 submit a written request for revocation or revi18
sion of a previous request submitted under this
19 paragraph. The Commission shall grant such
20 request, provided that—
21 ‘‘(i) any revocation or revision shall
22 not apply to the combined annual target
23 for any year that is any earlier than 2 cal24
endar years after the calendar year in
25 which such request is submitted, so as to
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H.L.C.
1 provide retail electric suppliers with ade2
quate notice of such change; and
3 ‘‘(ii) any revision shall meet the re4
quirements of subparagraph (A).
5 ‘‘(c) ESTABLISHMENT OF PROGRAM.—Not later than
6 1 year after the date of enactment of this section, the
7 Commission shall promulgate regulations to implement
8 and enforce the requirements of this section. In promul9
gating such regulations, the Commission shall, to the ex10
tent practicable—
11 ‘‘(1) preserve the integrity, and incorporate best
12 practices, of existing State and tribal renewable elec13
tricity and energy efficiency programs;
14 ‘‘(2) rely upon existing and emerging State,
15 tribal, or regional tracking systems that issue and
16 track non-Federal renewable electricity credits; and
17 ‘‘(3) cooperate with the States and Indian
18 tribes to facilitate coordination between State, tribal,
19 and Federal renewable electricity and energy effi20
ciency programs and to minimize administrative bur21
dens and costs to retail electric suppliers.
22 ‘‘(d) ANNUAL COMPLIANCE REQUIREMENT.—
23 ‘‘(1) ANNUAL COMBINED TARGETS.—For each
24 of calendar years 2012 through 2039, a retail elec-
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H.L.C.
1 tric supplier’s annual combined target shall be the
2 product of—
3 ‘‘(A) the required annual percentage for
4 such year, as set forth in paragraph (2); and
5 ‘‘(B) the retail electric supplier’s base
6 amount for such year.
7 ‘‘(2) REQUIRED ANNUAL PERCENTAGE.—For
8 each of calendar years 2012 through 2039, the re9
quired annual percentage shall be as follows:
‘‘Calendar year Required annual
percentage
2012 ............................................................................... 6.0
2013 ............................................................................... 6.0
2014 ............................................................................... 9.5
2015 ............................................................................... 9.5
2016 ............................................................................... 13.0
2017 ............................................................................... 13.0
2018 ............................................................................... 16.5
2019 ............................................................................... 16.5
2020 ............................................................................... 20.0
2021 through 2039 ........................................................ 20.0
10 ‘‘(e) FEDERAL RENEWABLE ELECTRICITY CRED11
ITS.—
12 ‘‘(1) IN GENERAL.—The regulations promul13
gated under this section shall include provisions gov14
erning the issuance, tracking, and verification of
15 Federal renewable electricity credits. Except as pro16
vided in paragraphs (2), (3), and (4) of this sub17
section, the Commission shall issue to each gener18
ator of renewable electricity, 1 Federal renewable
19 electricity credit for each megawatt hour of renew-
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H.L.C.
1 able electricity generated by such generator after
2 December 31, 2011. The Commission shall assign a
3 unique serial number to each Federal renewable
4 electricity credit.
5 ‘‘(2) GENERATION FROM CERTAIN STATE RE6
NEWABLE ELECTRICITY PROGRAMS.—Where renew7
able electricity is generated with the support of pay8
ments from a retail electric supplier pursuant to a
9 State renewable electricity program (whether
10 through State alternative compliance payments or
11 through payments to a State renewable electricity
12 procurement fund or entity), the Commission shall
13 issue Federal renewable electricity credits to such re14
tail electric supplier for the proportion of the rel15
evant renewable electricity generation that is attrib16
utable to the retail electric supplier’s payments, as
17 determined pursuant to regulations issued by the
18 Commission. For any remaining portion of the rel19
evant renewable electricity generation, the Commis20
sion shall issue Federal renewable electricity credits
21 to the generator, as provided in paragraph (1), ex22
cept that in no event shall more than 1 Federal re23
newable electricity credit be issued for the same
24 megawatt hour of electricity. In determining how
25 Federal renewable electricity credits will be appor-
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H.L.C.
1 tioned among retail electric suppliers and generators
2 in such circumstances, the Commission shall con3
sider information and guidance furnished by the rel4
evant State or States.
5 ‘‘(3) CERTAIN POWER SALES CONTRACTS.—
6 When a generator has sold renewable electricity to
7 a retail electric supplier under a contract for power
8 from a facility placed in service before the date of
9 enactment of this section, and the contract does not
10 provide for the determination of ownership of the
11 Federal renewable electricity credits associated with
12 such generation, the Commission shall issue such
13 Federal renewable electricity credits to the retail
14 electric supplier for the duration of the contract.
15 ‘‘(4) CREDIT MULTIPLIER FOR DISTRIBUTED
16 RENEWABLE GENERATION.—
17 ‘‘(A) IN GENERAL.—Except as provided in
18 subparagraph (B), the Commission shall issue 3
19 Federal renewable electricity credits for each
20 megawatt hour of renewable electricity gen21
erated by a distributed renewable generation fa22
cility.
23 ‘‘(B) ADJUSTMENT.—Except as provided
24 in subparagraph (C), not later than January 1,
25 2014, and not less frequently than every 4
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H.L.C.
1 years thereafter, the Commission shall review
2 the effect of this paragraph and shall, as nec3
essary, reduce the number of Federal renewable
4 electricity credits per megawatt hour issued
5 under this paragraph for any given energy
6 source or technology, but not below 1, to ensure
7 that such number is no higher than the Com8
mission determines is necessary to make dis9
tributed renewable generation facilities using
10 such source or technology cost competitive with
11 other sources of renewable electricity genera12
tion.
13 ‘‘(C) FACILITIES PLACED IN SERVICE
14 AFTER ENACTMENT.—For any distributed re15
newable generation facility placed in service
16 after the date of enactment of this section, sub17
paragraph (B) shall not apply for the first 10
18 years after the date on which the facility is
19 placed in service. For each year during such 10-
20 year period, the Commission shall issue to the
21 facility the same number of Federal renewable
22 electricity credits per megawatt hour as are
23 issued to that facility in the year in which such
24 facility is placed in service. After such 10-year
25 period, the Commission shall issue Federal re-
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H.L.C.
1 newable electricity credits to the facility in ac2
cordance with the current multiplier as deter3
mined pursuant to subparagraph (B).
4 ‘‘(5) CREDITS BASED ON QUALIFIED HYDRO5
POWER.—For purposes of this subsection, the num6
ber of Federal renewable electricity credits issued for
7 qualified hydropower shall be calculated—
8 ‘‘(A) based solely on the increase in aver9
age annual generation directly resulting from
10 the efficiency improvements or capacity addi11
tions described in subsection (a)(13)(A); and
12 ‘‘(B) using the same water flow informa13
tion used to determine a historic average an14
nual generation baseline for the hydroelectric
15 facility, as certified by the Commission.
16 ‘‘(6) GENERATION FROM QUALIFIED WASTE-TO17
ENERGY.—In the case of electricity generated from
18 the combustion of any municipal solid waste or con19
struction, demolition, or disaster debris that is in20
cluded in the definition of renewable biomass, or
21 from the gasification or pyrolization of such waste or
22 debris and the combustion of the resulting gas at
23 the same facility, the Commission shall issue Federal
24 renewable electricity credits only for electricity gen25
erated from qualified waste-to-energy.
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1 ‘‘(7) GENERATION FROM MIXED RENEWABLE
2 AND NONRENEWABLE RESOURCES.—If electricity is
3 generated using both a renewable energy resource or
4 other qualifying energy resource and an energy
5 source that is not a renewable energy resource or
6 other qualifying energy resource (as, for example, in
7 the case of co-firing of renewable biomass and fossil
8 fuel), the Commission shall issue Federal renewable
9 electricity credits based on the proportion of the
10 electricity that is attributable to the renewable en11
ergy resource or other qualifying energy resource.
12 ‘‘(8) PROHIBITION AGAINST DOUBLE-COUNT13
ING.—Except as provided in paragraph (4) of this
14 subsection, the Commission shall ensure that no
15 more than 1 Federal renewable electricity credit will
16 be issued for any megawatt hour of renewable elec17
tricity and that no Federal renewable electricity
18 credit will be used more than once for compliance
19 with this section.
20 ‘‘(9) TRADING.—The lawful holder of a Federal
21 renewable electricity credit may sell, exchange,
22 transfer, submit for compliance in accordance with
23 subsection (b), or submit such credit for retirement
24 by the Commission.
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H.L.C.
1 ‘‘(10) BANKING.—A Federal renewable elec2
tricity credit may be submitted in satisfaction of the
3 compliance obligation set forth in subsection (b) for
4 the compliance year in which the credit was issued
5 or for any of the 3 immediately subsequent compli6
ance years. The Commission shall retire any Federal
7 renewable electricity credit that has not been retired
8 by April 2 of the calendar year that is 3 years after
9 the calendar year in which the credit was issued.
10 ‘‘(11) RETIREMENT.—The Commission shall re11
tire a Federal renewable electricity credit imme12
diately upon submission by the lawful holder of such
13 credit, whether in satisfaction of a compliance obli14
gation under subsection (b) or on some other basis.
15 ‘‘(f) ELECTRICITY SAVINGS.—
16 ‘‘(1) STANDARDS FOR MEASUREMENT OF SAV17
INGS.—As part of the regulations promulgated
18 under this section, the Commission shall prescribe
19 standards and protocols for defining and measuring
20 electricity savings and total annual electricity sav21
ings that can be counted towards the compliance ob22
ligation set forth in subsection (b). Such protocols
23 and standards shall, at minimum—
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H.L.C.
1 ‘‘(A) specify the types of energy efficiency
2 and energy conservation measures that can be
3 counted;
4 ‘‘(B) require that energy consumption esti5
mates for customer facilities or portions of fa6
cilities in the applicable base and current years
7 be adjusted, as appropriate, to account for
8 changes in weather, level of production, and
9 building area;
10 ‘‘(C) account for the useful life of meas11
ures;
12 ‘‘(D) include deemed savings values for
13 specific, commonly used measures;
14 ‘‘(E) allow for savings from a program to
15 be estimated based on extrapolation from a rep16
resentative sample of participating customers;
17 ‘‘(F) include procedures for counting CHP
18 savings, recycled energy savings, and fuel cell
19 savings;
20 ‘‘(G) include procedures for documenting
21 measurable and verifiable electricity savings
22 achieved as a result of market transformation
23 efforts;
24 ‘‘(H) include procedures for counting elec25
tricity savings achieved by solar water heating
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H.L.C.
1 and solar light pipe technology that has the ca2
pability to provide measurable data on the
3 amount of megawatt-hours displaced;
4 ‘‘(I) avoid double-counting of savings used
5 for compliance with this section, including sav6
ings that are transferred pursuant to paragraph
7 (3);
8 ‘‘(J) ensure that, except as provided in
9 subparagraph (L), the retail electric supplier
10 claiming the savings played a significant role in
11 achieving the savings (including through the ac12
tivities of a designated agent of the supplier or
13 through the purchase of transferred savings);
14 ‘‘(K) include savings from programs ad15
ministered by a retail electric supplier (or a re16
tail electricity distributor that is not a retail
17 electric supplier) that are funded by State, Fed18
eral, or other sources;
19 ‘‘(L) in any State in which the State regu20
latory authority has designated 1 or more enti21
ties to administer electric ratepayer-funded effi22
ciency programs approved by such State regu23
latory authority, provide that electricity savings
24 achieved through such programs shall be dis25
tributed equitably among retail electric sup-
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H.L.C.
1 pliers in accordance with the direction of the
2 relevant State regulatory authority; and
3 ‘‘(M) exclude savings achieved as a result
4 of compliance with mandatory appliance and
5 equipment efficiency standards or building
6 codes.
7 ‘‘(2) STANDARDS FOR THIRD-PARTY
8 VERIFICATION OF SAVINGS.—The regulations pro9
mulgated under this section shall establish proce10
dures and standards requiring third-party
11 verification of all reported electricity savings, includ12
ing requirements for accreditation of third-party
13 verifiers to ensure that such verifiers are profes14
sionally qualified and have no conflicts of interest.
15 ‘‘(3) TRANSFERS OF SAVINGS.—
16 ‘‘(A) BILATERAL CONTRACTS FOR SAVINGS
17 TRANSFERS.—Subject to the limitations of this
18 paragraph, a retail electric supplier may use
19 electricity savings transferred, pursuant to a bi20
lateral contract, from another retail electric
21 supplier, an owner of an electric distribution fa22
cility that is not a retail electric supplier, a
23 State, or a third-party efficiency provider to
24 meet the applicable compliance obligation under
25 subsection (b).
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H.L.C.
1 ‘‘(B) REQUIREMENTS.—Electricity savings
2 transferred and used for compliance pursuant
3 to this paragraph shall be—
4 ‘‘(i) measured and verified in accord5
ance with the procedures specified under
6 this subsection;
7 ‘‘(ii) reported in accordance with
8 paragraph (4) of this subsection; and
9 ‘‘(iii) achieved within the same State
10 as is served by the retail electric supplier.
11 ‘‘(C) REGULATORY APPROVAL.—Nothing
12 in this paragraph shall limit or affect the au13
thority of a State regulatory authority to re14
quire a retail electric supplier that is regulated
15 by such authority to obtain such authority’s au16
thorization or approval of a contract for trans17
fer of savings under this paragraph.
18 ‘‘(4) REPORTING SAVINGS.—
19 ‘‘(A) REQUIREMENTS.—The regulations
20 promulgated under this section shall establish
21 requirements governing the submission of re22
ports to demonstrate, in accordance with the
23 protocols and standards for measurement and
24 third-party verification established under this
25 subsection, the total annual electricity savings
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H.L.C.
1 achieved by a retail electric supplier within the
2 relevant year.
3 ‘‘(B) REVIEW AND APPROVAL.—The Com4
mission shall review each report submitted to
5 the Commission by a retail electric supplier and
6 shall exclude any electricity savings that have
7 not been adequately demonstrated in accord8
ance with the requirements of this subsection.
9 ‘‘(5) STATE ADMINISTRATION.—
10 ‘‘(A) DELEGATION OF AUTHORITY.—Upon
11 receipt of an application from the Governor of
12 a State (including, for purposes of this sub13
section, the Mayor of the District of Columbia),
14 the Commission may delegate to the State the
15 authority to review and verify reported elec16
tricity savings for purposes of determining dem17
onstrated total annual electricity savings that
18 may be counted towards a retail electric sup19
plier’s compliance obligation under subsection
20 (b). The Commission shall make a substantive
21 determination approving or disapproving a
22 State application under this subparagraph,
23 after notice and comment, within 180 days of
24 receipt of a complete application.
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H.L.C.
1 ‘‘(B) ALTERNATIVE MEASUREMENT AND
2 VERIFICATION PROCEDURES AND STAND3
ARDS.—As part of an application submitted
4 under subparagraph (A), a State may request
5 to use alternative measurement and verification
6 procedures and standards to those specified in
7 paragraphs (1) and (2), provided the State
8 demonstrates that such alternative procedures
9 and standards provide a level of accuracy of
10 measurement and verification at least equiva11
lent to the Federal procedures and standards
12 promulgated under paragraphs (1) and (2).
13 ‘‘(C) REVIEW OF STATE IMPLEMENTA14
TION.—The Commission shall, not less fre15
quently than once every 4 years, review each
16 State’s implementation of delegated authority
17 under this paragraph to ensure conformance
18 with the requirements of this section. The Com19
mission may, at any time, revoke the delegation
20 of authority under this section upon a finding
21 that the State is not implementing its delegated
22 responsibilities in conformity with this para23
graph. As a condition of maintaining its dele24
gated authority under this paragraph, the Com25
mission may require a State to submit a revised
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H.L.C.
1 application under subparagraph (A) if the Com2
mission has—
3 ‘‘(i) promulgated new or substantially
4 revised measurement and verification pro5
cedures and standards under this sub6
section; or
7 ‘‘(ii) otherwise substantially revised
8 the program established under this section.
9 ‘‘(g) ALTERNATIVE COMPLIANCE PAYMENTS.—
10 ‘‘(1) IN GENERAL.—A retail electric supplier
11 may satisfy the requirements of subsection (b) in
12 whole or in part by submitting in accordance with
13 this subsection, in lieu of each Federal renewable
14 electricity credit or megawatt hour of demonstrated
15 total annual electricity savings that would otherwise
16 be due, a payment equal to $25, adjusted for infla17
tion on January 1 of each year following calendar
18 year 2009, in accordance with such regulations as
19 the Commission may promulgate.
20 ‘‘(2) PAYMENT TO STATE FUNDS.—Except as
21 otherwise provided in this paragraph, payments
22 made under this subsection shall be made directly to
23 the State or States in which the retail electric sup24
plier is located, in proportion to the portion of the
25 retail electric supplier’s base amount that is sold
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H.L.C.
1 within each relevant State, provided that such pay2
ments are deposited directly into a fund in the State
3 treasury established for this purpose and that the
4 State uses such funds in accordance with para5
graphs (3) and (4). If the Commission determines at
6 any time that a State is in substantial noncompli7
ance with paragraph (3) or (4), the Commission
8 shall direct that any future alternative compliance
9 payments that would otherwise be paid to such State
10 under this subsection shall instead be paid to the
11 Commission and deposited in the United States
12 Treasury.
13 ‘‘(3) STATE USE OF FUNDS.—As a condition of
14 continued receipt of alternative compliance payments
15 pursuant to this subsection, a State shall use such
16 payments exclusively for the purposes of—
17 ‘‘(A) deploying technologies that generate
18 electricity from renewable energy resources; or
19 ‘‘(B) implementing cost-effective energy ef20
ficiency programs to achieve electricity savings.
21 ‘‘(4) REPORTING.—As a condition of continued
22 receipt of alternative compliance payments pursuant
23 to this subsection, a State shall, within 12 months
24 of receipt of any such payments and at 12-month in25
tervals thereafter until such payments are expended,
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H.L.C.
1 provide a report to the Commission, in accordance
2 with such regulations as the Commission may pre3
scribe, giving a full accounting of the use of such
4 payments, including a detailed description of the ac5
tivities funded thereby.
6 ‘‘(h) INFORMATION COLLECTION.—The Commission
7 may require any retail electric supplier, renewable elec8
tricity generator, or such other entities as the Commission
9 deems appropriate, to provide any information the Com10
mission determines appropriate to carry out this section.
11 Failure to submit such information or submission of false
12 or misleading information under this subsection shall be
13 a violation of this section.
14 ‘‘(i) ENFORCEMENT AND JUDICIAL REVIEW.—
15 ‘‘(1) FAILURE TO SUBMIT CREDITS OR DEM16
ONSTRATE SAVINGS.—If any person fails to comply
17 with the requirements of subsection (b) or (g), such
18 person shall be liable to pay to the Commission a
19 civil penalty equal to the product of—
20 ‘‘(A) double the alternative compliance
21 payment calculated under subsection (g)(1),
22 and
23 ‘‘(B) the aggregate quantity of Federal re24
newable electricity credits, total annual elec25
tricity savings, or equivalent alternative compli-
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H.L.C.
1 ance payments that the person failed to submit
2 in violation of the requirements of subsections
3 (b) and (g).
4 ‘‘(2) ENFORCEMENT.—The Commission shall
5 assess a civil penalty under paragraph (1) in accord6
ance with the procedures described in section 31(d)
7 of the Federal Power Act (16 U.S.C. 823b(d)).
8 ‘‘(3) VIOLATION OF REQUIREMENT OF REGULA9
TIONS OR ORDERS.—Any person who violates, or
10 fails or refuses to comply with, any requirement of
11 a regulation promulgated or order issued under this
12 section shall be subject to a civil penalty under sec13
tion 316A(b) of the Federal Power Act (16 U.S.C.
14 825o–1). Such penalty shall be assessed by the Com15
mission in the same manner as in the case of a vio16
lation referred to in section 316A(b) of such Act.
17 ‘‘(j) JUDICIAL REVIEW.—Any person aggrieved by a
18 final action taken by the Commission under this section,
19 other than the assessment of a civil penalty under sub20
section (i), may use the procedures for review described
21 in section 313 of the Federal Power Act (16 U.S.C. 825l).
22 For purposes of this paragraph, references to an order in
23 section 313 of such Act shall be deemed to refer also to
24 all other final actions of the Commission under this section
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H.L.C.
1 other than the assessment of a civil penalty under sub2
section (i).
3 ‘‘(k) SAVINGS PROVISIONS.—Nothing in this section
4 shall—
5 ‘‘(1) diminish or qualify any authority of a
6 State, a political subdivision of a State, or an Indian
7 tribe to—
8 ‘‘(A) adopt or enforce any law or regula9
tion respecting renewable electricity or energy
10 efficiency, including any law or regulation es11
tablishing requirements more stringent than
12 those established by this section, provided that
13 no such law or regulation may relieve any per14
son of any requirement otherwise applicable
15 under this section; or
16 ‘‘(B) regulate the acquisition and disposi17
tion of Federal renewable electricity credits by
18 retail electric suppliers within the jurisdiction of
19 such State, political subdivision, or Indian tribe,
20 including the authority to require such retail
21 electric supplier to acquire and submit to the
22 Secretary for retirement Federal renewable
23 electricity credits in excess of those submitted
24 under this section; or
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H.L.C.
1 ‘‘(2) affect the application of, or the responsi2
bility for compliance with, any other provision of law
3 or regulation, including environmental and licensing
4 requirements.
5 ‘‘(l) SUNSET.—This section expires on December 31,
6 2040.’’.
7 (b) CONFORMING AMENDMENT.—The table of con8
tents set forth in section 1(b) of the Public Utility Regu9
latory Policies Act of 1978 (16 U.S.C. 2601 and following)
10 is amended by inserting after the item relating to section
11 609 the following:
‘‘Sec. 610. Combined efficiency and renewable electricity standard.’’.
12 SEC. 102. CLARIFYING STATE AUTHORITY TO ADOPT RE13
NEWABLE ENERGY INCENTIVES.
14 Section 210 of the Public Utility Regulatory Policies
15 Act of 1978 is amended by adding at the end thereof:
16 ‘‘(o) CLARIFICATION OF STATE AUTHORITY TO
17 ADOPT RENEWABLE ENERGY INCENTIVES.—Notwith18
standing any other provision of this Act or the Federal
19 Power Act, a State legislature or regulatory authority may
20 set the rates for a sale of electric energy by a facility gen21
erating electric energy from renewable energy sources pur22
suant to a State-approved production incentive program
23 under which the facility voluntarily sells electric energy.
24 For purposes of this subsection, ‘State-approved produc25
tion incentive program’ means a requirement imposed pur-
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H.L.C.
1 suant to State law, or by a State regulatory authority act2
ing within its authority under State law, that an electric
3 utility purchase renewable energy (as defined in section
4 609 of this Act) at a specified rate.’’.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Nailer

  • Member
  • *****
  • Posts: 5,448
Re: TEXT of HR2454 Posted in Sections
« Reply #3 on: June 27, 2009, 02:52:17 pm »
where is the link?  and WTF is black carbon, is it a new obama brand carbon ?
I am a realist that is slightly conservative yet I have some republican demeanor that can turn democrat when I feel the urge to flip independant.
 
The truth shall set you free, if not a 45ACP round will do the trick.. HEHE

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
Re: TEXT of HR2454 Posted in Sections
« Reply #4 on: June 27, 2009, 02:55:32 pm »
===================================================
TITLE I - Clean Energy
===================================================
Subtitle B: Carbon Capture and Sequestration (Part 1 of 2)
===================================================

5 Subtitle B—Carbon Capture and
6 Sequestration
7 SEC. 111. NATIONAL STRATEGY.
8 (a) IN GENERAL.—Not later than 1 year after the
9 date of enactment of this Act, the Administrator, in con10
sultation with the Secretary of Energy, the Secretary of
11 the Interior, and the heads of such other relevant Federal
12 agencies as the President may designate, shall submit to
13 Congress a report setting forth a unified and comprehen14
sive strategy to address the key legal, regulatory and other
15 barriers to the commercial-scale deployment of carbon
16 capture and sequestration.
17 (b) BARRIERS.— The report under this section
18 shall—
19 (1) identify those regulatory, legal, and other
20 gaps and barriers that could be addressed by a Fed21
eral agency using existing statutory authority, those,
22 if any, that require Federal legislation, and those
23 that would be best addressed at the State, tribal, or
24 regional level;
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H.L.C.
1 (2) identify regulatory implementation chal2
lenges, including those related to approval of State
3 and tribal programs and delegation of authority for
4 permitting; and
5 (3) recommend rulemakings, Federal legisla6
tion, or other actions that should be taken to further
7 evaluate and address such barriers.
8 SEC. 112. REGULATIONS FOR GEOLOGIC SEQUESTRATION
9 SITES.
10 (a) COORDINATED CERTIFICATION AND PERMITTING
11 PROCESS.—Title VIII of the Clean Air Act, as added by
12 section 331 of this Act, is amended by adding after section
13 812 (as added by section 116 of this Act) the following:
14 ‘‘SEC. 813. GEOLOGIC SEQUESTRATION SITES.
15 ‘‘(a) COORDINATED PROCESS.—The Administrator
16 shall establish a coordinated approach to certifying and
17 permitting geologic sequestration, taking into consider18
ation all relevant statutory authorities. In establishing
19 such approach, the Administrator shall—
20 ‘‘(1) take into account, and reduce redundancy
21 with, the requirements of section 1421 of the Safe
22 Drinking Water Act (42 U.S.C. 300h), as amended
23 by section 112(b) of the American Clean Energy and
24 Security Act of 2009, including the rulemaking for
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H.L.C.
1 geologic sequestration wells described at 73 Fed.
2 Reg. 43491-541 (July 25, 2008); and
3 ‘‘(2) to the extent practicable, reduce the bur4
den on certified entities and implementing authori5
ties.
6 ‘‘(b) REGULATIONS.—Not later than 2 years after
7 the date of enactment of this title, the Administrator shall
8 promulgate regulations to protect human health and the
9 environment by minimizing the risk of escape to the at10
mosphere of carbon dioxide injected for purposes of geo11
logic sequestration.
12 ‘‘(c) REQUIREMENTS.—The regulations under sub13
section (b) shall include—
14 ‘‘(1) a process to obtain certification for geo15
logic sequestration under this section; and
16 ‘‘(2) requirements for—
17 ‘‘(A) monitoring, record keeping, and re18
porting for emissions associated with injection
19 into, and escape from, geologic sequestration
20 sites, taking into account any requirements or
21 protocols developed under section 713;
22 ‘‘(B) public participation in the certifi23
cation process that maximizes transparency;
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1 ‘‘(C) the sharing of data between States,
2 Indian tribes, and the Environmental Protec3
tion Agency; and
4 ‘‘(D) other elements or safeguards nec5
essary to achieve the purpose set forth in sub6
section (b).
7 ‘‘(d) REPORT.—Not later than 2 years after the pro8
mulgation of regulations under subsection (b), and at 3-
9 year intervals thereafter, the Administrator shall deliver
10 to the Committee on Energy and Commerce of the House
11 of Representatives and the Committee on Environment
12 and Public Works of the Senate a report on geologic se13
questration in the United States, and, to the extent rel14
evant, other countries in North America. Such report shall
15 include—
16 ‘‘(1) data regarding injection, emissions to the
17 atmosphere, if any, and performance of active and
18 closed geologic sequestration sites, including those
19 where enhanced hydrocarbon recovery operations
20 occur;
21 ‘‘(2) an evaluation of the performance of rel22
evant Federal environmental regulations and pro23
grams in ensuring environmentally protective geo24
logic sequestration practices;
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1 ‘‘(3) recommendations on how such programs
2 and regulations should be improved or made more
3 effective; and
4 ‘‘(4) other relevant information.’’.
5 (b) SAFE DRINKING WATER ACT STANDARDS.—Sec6
tion 1421 of the Safe Drinking Water Act (42 U.S.C.
7 300h) is amended by inserting after subsection (d) the fol8
lowing:
9 ‘‘(e) CARBON DIOXIDE GEOLOGIC SEQUESTRATION
10 WELLS.—
11 ‘‘(1) IN GENERAL.—Not later than 1 year after
12 the date of enactment of this subsection, the Admin13
istrator shall promulgate regulations under sub14
section (a) for carbon dioxide geologic sequestration
15 wells.
16 ‘‘(2) FINANCIAL RESPONSIBILITY.—The regula17
tions referred to in paragraph (1) shall include re18
quirements for maintaining evidence of financial re19
sponsibility, including financial responsibility for
20 emergency and remedial response, well plugging, site
21 closure, and post-injection site care. Financial re22
sponsibility may be established for carbon dioxide
23 geologic sequestration wells in accordance with regu24
lations promulgated by the Administrator by any
25 one, or any combination, of the following: insurance,
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H.L.C.
1 guarantee, trust, standby trust, surety bond, letter
2 of credit, qualification as a self-insurer, or any other
3 method satisfactory to the Administrator.’’.
4 SEC. 113. STUDIES AND REPORTS.
5 (a) STUDY OF LEGAL FRAMEWORK FOR GEOLOGIC
6 SEQUESTRATION SITES.—
7 (1) ESTABLISHMENT OF TASK FORCE.—As
8 soon as practicable, but not later than 6 months
9 after the date of enactment of this Act, the Adminis10
trator shall establish a task force to be composed of
11 an equal number of subject matter experts, non12
governmental organizations with expertise in envi13
ronmental policy, academic experts with expertise in
14 environmental law, State and tribal officials with en15
vironmental expertise, representatives of State and
16 tribal Attorneys General, representatives from the
17 Environmental Protection Agency, the Department
18 of the Interior, the Department of Energy, the De19
partment of Transportation, and other relevant Fed20
eral agencies, and members of the private sector, to
21 conduct a study of—
22 (A) existing Federal environmental stat23
utes, State environmental statutes, and State
24 common law that apply to geologic sequestra25
tion sites for carbon dioxide, including the abil-
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H.L.C.
1 ity of such laws to serve as risk management
2 tools;
3 (B) the existing statutory framework, in4
cluding Federal and State laws, that apply to
5 harm and damage to the environment or public
6 health at closed sites where carbon dioxide in7
jection has been used for enhanced hydrocarbon
8 recovery;
9 (C) the statutory framework, environ10
mental health and safety considerations, imple11
mentation issues, and financial implications of
12 potential models for Federal, State, or private
13 sector assumption of liabilities and financial re14
sponsibilities with respect to closed geologic se15
questration sites;
16 (D) private sector mechanisms, including
17 insurance and bonding, that may be available to
18 manage environmental, health and safety risk
19 from closed geologic sequestration sites; and
20 (E) the subsurface mineral rights, water
21 rights, or property rights issues associated with
22 geologic sequestration of carbon dioxide, includ23
ing issues specific to Federal lands.
24 (2) REPORT.—Not later than 18 months after
25 the date of enactment of this Act, the task force es-
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H.L.C.
1 tablished under paragraph (1) shall submit to Con2
gress a report describing the results of the study
3 conducted under that paragraph including any con4
sensus recommendations of the task force.
5 (b) ENVIRONMENTAL STATUTES.—
6 (1) STUDY.—The Administrator shall conduct a
7 study examining how, and under what cir8
cumstances, the environmental statutes for which
9 the Environmental Protection Agency has responsi10
bility would apply to carbon dioxide injection and
11 geologic sequestration activities.
12 (2) REPORT.—Not later than 1 year after the
13 date of enactment of this Act, the Administrator
14 shall submit to Congress a report describing the re15
sults of the study conducted under paragraph (1).
16 SEC. 114. CARBON CAPTURE AND SEQUESTRATION DEM17
ONSTRATION AND EARLY DEPLOYMENT PRO18
GRAM.
19 (a) DEFINITIONS.—For purposes of this section:
20 (1) SECRETARY.—The term ‘‘Secretary’’ means
21 the Secretary of Energy.
22 (2) DISTRIBUTION UTILITY.—The term ‘‘dis23
tribution utility’’ means an entity that distributes
24 electricity directly to retail consumers under a legal,
25 regulatory, or contractual obligation to do so.
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H.L.C.
1 (3) ELECTRIC UTILITY.—The term ‘‘electric
2 utility’’ has the meaning provided by section 3(22)
3 of the Federal Power Act (16 U.S.C. 796(22)).
4 (4) FOSSIL FUEL-BASED ELECTRICITY.—The
5 term ‘‘fossil fuel-based electricity’’ means electricity
6 that is produced from the combustion of fossil fuels.
7 (5) FOSSIL FUEL.—The term ‘‘fossil fuel’’
8 means coal, petroleum, natural gas or any derivative
9 of coal, petroleum, or natural gas.
10 (6) CORPORATION.—The term ‘‘Corporation’’
11 means the Carbon Storage Research Corporation es12
tablished in accordance with this section.
13 (7) QUALIFIED INDUSTRY ORGANIZATION.—The
14 term ‘‘qualified industry organization’’ means the
15 Edison Electric Institute, the American Public
16 Power Association, the National Rural Electric Co17
operative Association, a successor organization of
18 such organizations, or a group of owners or opera19
tors of distribution utilities delivering fossil fuel20
based electricity who collectively represent at least
21 20 percent of the volume of fossil fuel-based elec22
tricity delivered by distribution utilities to consumers
23 in the United States.
24 (8) RETAIL CONSUMER.—The term ‘‘retail con25
sumer’’ means an end-user of electricity.
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H.L.C.
1 (b) CARBON STORAGE RESEARCH CORPORATION.—
2 (1) ESTABLISHMENT.—
3 (A) REFERENDUM.—Qualified industry or4
ganizations may conduct, at their own expense,
5 a referendum among the owners or operators of
6 distribution utilities delivering fossil fuel-based
7 electricity for the creation of a Carbon Storage
8 Research Corporation. Such referendum shall
9 be conducted by an independent auditing firm
10 agreed to by the qualified industry organiza11
tions. Voting rights in such referendum shall be
12 based on the quantity of fossil fuel-based elec13
tricity delivered to consumers in the previous
14 calendar year or other representative period as
15 determined by the Secretary pursuant to sub16
section (f). Upon approval of those persons rep17
resenting two-thirds of the total quantity of fos18
sil fuel-based electricity delivered to retail con19
sumers, the Corporation shall be established un20
less opposed by the State regulatory authorities
21 pursuant to subparagraph (B). All distribution
22 utilities voting in the referendum shall certify to
23 the independent auditing firm the quantity of
24 fossil fuel-based electricity represented by their
25 vote.
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H.L.C.
1 (B) STATE REGULATORY AUTHORITIES.—
2 Upon its own motion or the petition of a quali3
fied industry organization, each State regu4
latory authority shall consider its support or op5
position to the creation of the Corporation
6 under subparagraph (A). State regulatory au7
thorities may notify the independent auditing
8 firm referred to in subparagraph (A) of their
9 views on the creation of the Corporation within
10 180 days after the date of enactment of this
11 Act. If 40 percent or more of the State regu12
latory authorities submit to the independent au13
diting firm written notices of opposition, the
14 Corporation shall not be established notwith15
standing the approval of the qualified industry
16 organizations as provided in subparagraph (A).
17 (2) TERMINATION.—The Corporation shall be
18 authorized to collect assessments and conduct oper19
ations pursuant to this section for a 10-year period
20 from the date 6 months after the date of enactment
21 of this Act. After such 10-year period, the Corpora22
tion is no longer authorized to collect assessments
23 and shall be dissolved on the date 15 years after
24 such date of enactment, unless the period is ex25
tended by an Act of Congress.
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H.L.C.
1 (3) GOVERNANCE.—The Corporation shall oper2
ate as a division or affiliate of the Electric Power
3 Research Institute (referred to in this section as
4 ‘‘EPRI’’) and be managed by a Board of not more
5 than 15 voting members responsible for its oper6
ations, including compliance with this section. EPRI,
7 in consultation with the Edison Electric Institute,
8 the American Public Power Association and the Na9
tional Rural Electric Cooperative Association shall
10 appoint the Board members under clauses (i), (ii),
11 and (iii) of subparagraph (A) from among can12
didates recommended by those organizations. At
13 least a majority of the Board members appointed by
14 EPRI shall be representatives of distribution utilities
15 subject to assessments under subsection (d).
16 (A) MEMBERS.—The Board shall include
17 at least one representative of each of the fol18
lowing:
19 (i) Investor-owned utilities.
20 (ii) Utilities owned by a State agency,
21 a municipality, and an Indian tribe.
22 (iii) Rural electric cooperatives.
23 (iv) Fossil fuel producers.
24 (v) Nonprofit environmental organiza25
tions.
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H.L.C.
1 (vi) Independent generators or whole2
sale power providers.
3 (vii) Consumer groups.
4 (B) NONVOTING MEMBERS.—The Board
5 shall also include as additional nonvoting Mem6
bers the Secretary of Energy or his designee
7 and 2 representatives of State regulatory au8
thorities as defined in section 3(17) of the Pub9
lic Utility Regulatory Policies Act of 1978 (16
10 U.S.C. 2602(17)), each designated by the Na11
tional Association of State Regulatory Utility
12 Commissioners from States that are not within
13 the same transmission interconnection.
14 (4) COMPENSATION.—Corporation Board mem15
bers shall receive no compensation for their services,
16 nor shall Corporation Board members be reimbursed
17 for expenses relating to their service.
18 (5) TERMS.—Corporation Board members shall
19 serve terms of 4 years and may serve not more than
20 2 full consecutive terms. Members filling unexpired
21 terms may serve not more than a total of 8 consecu22
tive years. Former members of the Corporation
23 Board may be reappointed to the Corporation Board
24 if they have not been members for a period of 2
25 years. Initial appointments to the Corporation Board
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H.L.C.
1 shall be for terms of 1, 2, 3, and 4 years, staggered
2 to provide for the selection of 3 members each year.
3 (6) STATUS OF CORPORATION.—The Corpora4
tion shall not be considered to be an agency, depart5
ment, or instrumentality of the United States, and
6 no officer or director or employee of the Corporation
7 shall be considered to be an officer or employee of
8 the United States Government, for purposes of title
9 5 or title 31 of the United States Code, or for any
10 other purpose, and no funds of the Corporation shall
11 be treated as public money for purposes of chapter
12 33 of title 31, United States Code, or for any other
13 purpose.
14 (c) FUNCTIONS AND ADMINISTRATION OF THE COR15
PORATION.—
16 (1) IN GENERAL.—The Corporation shall estab17
lish and administer a program to accelerate the com18
mercial availability of carbon dioxide capture and
19 storage technologies and methods, including tech20
nologies which capture and store, or capture and
21 convert, carbon dioxide. Under such program com22
petitively awarded grants, contracts, and financial
23 assistance shall be provided and entered into with el24
igible entities. Except as provided in paragraph (8),
25 the Corporation shall use all funds derived from as-
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H.L.C.
1 sessments under subsection (d) to issue grants and
2 contracts to eligible entities.
3 (2) PURPOSE.—The purposes of the grants,
4 contracts, and assistance under this subsection shall
5 be to support commercial-scale demonstrations of
6 carbon capture or storage technology projects capa7
ble of advancing the technologies to commercial
8 readiness. Such projects should encompass a range
9 of different coal and other fossil fuel varieties, be
10 geographically diverse, involve diverse storage media,
11 and employ capture or storage, or capture and con12
version, technologies potentially suitable either for
13 new or for retrofit applications. The Corporation
14 shall seek, to the extent feasible, to support at least
15 5 commercial-scale demonstration projects inte16
grating carbon capture and sequestration or conver17
sion technologies.
18 (3) ELIGIBLE ENTITIES.—Entities eligible for
19 grants, contracts or assistance under this subsection
20 may include distribution utilities, electric utilities
21 and other private entities, academic institutions, na22
tional laboratories, Federal research agencies, State
23 and tribal research agencies, nonprofit organizations,
24 or consortiums of 2 or more entities. Pilot-scale and
25 similar small-scale projects are not eligible for sup-
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H.L.C.
1 port by the Corporation. Owners or developers of
2 projects supported by the Corporation shall, where
3 appropriate, share in the costs of such projects.
4 (4) GRANTS FOR EARLY MOVERS.—Fifty per5
cent of the funds raised under this section shall be
6 provided in the form of grants to electric utilities
7 that had, prior to the award of any grant under this
8 section, committed resources to deploy a large scale
9 electricity generation unit with integrated carbon
10 capture and sequestration or conversion applied to a
11 substantial portion of the unit’s carbon dioxide emis12
sions. Grant funds shall be provided to defray costs
13 incurred by such electricity utilities for at least 5
14 such electricity generation units.
15 (5) ADMINISTRATION.—The members of the
16 Board of Directors of the Corporation shall elect a
17 Chairman and other officers as necessary, may es18
tablish committees and subcommittees of the Cor19
poration, and shall adopt rules and bylaws for the
20 conduct of business and the implementation of this
21 section. The Board shall appoint an Executive Di22
rector and professional support staff who may be
23 employees of the Electric Power Research Institute
24 (EPRI). After consultation with the Technical Advi25
sory Committee established under subsection (j), the
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H.L.C.
1 Secretary, and the Director of the National Energy
2 Technology Laboratory to obtain advice and rec3
ommendations on plans, programs, and project selec4
tion criteria, the Board shall establish priorities for
5 grants, contracts, and assistance; publish requests
6 for proposals for grants, contracts, and assistance;
7 and award grants, contracts, and assistance competi8
tively, on the basis of merit, after the establishment
9 of procedures that provide for scientific peer review
10 by the Technical Advisory Committee. The Board
11 shall give preference to applications that reflect the
12 best overall value and prospect for achieving the
13 purposes of the section, such as those which dem14
onstrate an integrated approach for capture and
15 storage or capture and conversion technologies. The
16 Board members shall not participate in making
17 grants or awards to entities with whom they are af18
filiated.
19 (6) USES OF GRANTS, CONTRACTS, AND ASSIST20
ANCE.—A grant, contract, or other assistance pro21
vided under this subsection may be used to purchase
22 carbon dioxide when needed to conduct tests of car23
bon dioxide storage sites, in the case of established
24 projects that are storing carbon dioxide emissions, or
25 for other purposes consistent with the purposes of
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H.L.C.
1 this section. The Corporation shall make publicly
2 available at no cost information learned as a result
3 of projects which it supports financially.
4 (7) INTELLECTUAL PROPERTY.—The Board
5 shall establish policies regarding the ownership of in6
tellectual property developed as a result of Corpora7
tion grants and other forms of technology support.
8 Such policies shall encourage individual ingenuity
9 and invention.
10 (8) ADMINISTRATIVE EXPENSES.—Up to 5 per11
cent of the funds collected in any fiscal year under
12 subsection (d) may be used for the administrative
13 expenses of operating the Corporation (not including
14 costs incurred in the determination and collection of
15 the assessments pursuant to subsection (d)).
16 (9) PROGRAMS AND BUDGET.—Before August 1
17 each year, the Corporation, after consulting with the
18 Technical Advisory Committee and the Secretary
19 and the Director of the Department’s National En20
ergy Technology Laboratory and other interested
21 parties to obtain advice and recommendations, shall
22 publish for public review and comment its proposed
23 plans, programs, project selection criteria, and
24 projects to be funded by the Corporation for the
25 next calendar year. The Corporation shall also pub-
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H.L.C.
1 lish for public review and comment a budget plan for
2 the next calendar year, including the probable costs
3 of all programs, projects, and contracts and a rec4
ommended rate of assessment sufficient to cover
5 such costs. The Secretary may recommend programs
6 and activities the Secretary considers appropriate.
7 The Corporation shall include in the first publication
8 it issues under this paragraph a strategic plan or
9 roadmap for the achievement of the purposes of the
10 Corporation, as set forth in paragraph (2).
11 (10) RECORDS; AUDITS.—The Corporation shall
12 keep minutes, books, and records that clearly reflect
13 all of the acts and transactions of the Corporation
14 and make public such information. The books of the
15 Corporation shall be audited by a certified public ac16
countant at least once each fiscal year and at such
17 other times as the Corporation may designate. Cop18
ies of each audit shall be provided to the Congress,
19 all Corporation board members, all qualified indus20
try organizations, each State regulatory authority
21 and, upon request, to other members of the industry.
22 If the audit determines that the Corporation’s prac23
tices fail to meet generally accepted accounting prin24
ciples the assessment collection authority of the Cor25
poration under subsection (d) shall be suspended
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H.L.C.
1 until a certified public accountant renders a subse2
quent opinion that the failure has been corrected.
3 The Corporation shall make its books and records
4 available for review by the Secretary or the Comp5
troller General of the United States.
6 (11) PUBLIC ACCESS.—The Corporation
7 Board’s meetings shall be open to the public and
8 shall occur after at least 30 days advance public no9
tice. Meetings of the Board of Directors may be
10 closed to the public where the agenda of such meet11
ings includes only confidential matters pertaining to
12 project selection, the award of grants or contracts,
13 personnel matters, or the receipt of legal advice. The
14 minutes of all meetings of the Corporation shall be
15 made available to and readily accessible by the pub16
lic.
17 (12) ANNUAL REPORT.—Each year the Cor18
poration shall prepare and make publicly available a
19 report which includes an identification and descrip20
tion of all programs and projects undertaken by the
21 Corporation during the previous year. The report
22 shall also detail the allocation or planned allocation
23 of Corporation resources for each such program and
24 project. The Corporation shall provide its annual re25
port to the Congress, the Secretary, each State regu-
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H.L.C.
1 latory authority, and upon request to the public. The
2 Secretary shall, not less than 60 days after receiving
3 such report, provide to the President and Congress
4 a report assessing the progress of the Corporation in
5 meeting the objectives of this section.
6 (d) ASSESSMENTS.—
7 (1) AMOUNT.—(A) In all calendar years fol8
lowing its establishment, the Corporation shall col9
lect an assessment on distribution utilities for all
10 fossil fuel-based electricity delivered directly to retail
11 consumers (as determined under subsection (f)). The
12 assessments shall reflect the relative carbon dioxide
13 emission rates of different fossil fuel-based elec14
tricity, and initially shall be not less than the fol15
lowing amounts for coal, natural gas, and oil:
Fuel type Rate of assessment
per kilowatt hour
Coal ................................................................... $0.00043
Natural Gas ...................................................... $0.00022
Oil ..................................................................... $0.00032.
16 (B) The Corporation is authorized to adjust the
17 assessments on fossil fuel-based electricity to reflect
18 changes in the expected quantities of such electricity
19 from different fuel types, such that the assessments
20 generate not less than $1.0 billion and not more
21 than $1.1 billion annually. The Corporation is au-
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H.L.C.
1 thorized to supplement assessments through addi2
tional financial commitments.
3 (2) INVESTMENT OF FUNDS.—Pending dis4
bursement pursuant to a program, plan, or project,
5 the Corporation may invest funds collected through
6 assessments under this subsection, and any other
7 funds received by the Corporation, only in obliga8
tions of the United States or any agency thereof, in
9 general obligations of any State or any political sub10
division thereof, in any interest-bearing account or
11 certificate of deposit of a bank that is a member of
12 the Federal Reserve System, or in obligations fully
13 guaranteed as to principal and interest by the
14 United States.
15 (3) REVERSION OF UNUSED FUNDS.—If the
16 Corporation does not disburse, dedicate or assign 75
17 percent or more of the available proceeds of the as18
sessed fees in any calendar year 7 or more years fol19
lowing its establishment, due to an absence of quali20
fied projects or similar circumstances, it shall reim21
burse the remaining undedicated or unassigned bal22
ance of such fees, less administrative and other ex23
penses authorized by this section, to the distribution
24 utilities upon which such fees were assessed, in pro25
portion to their collected assessments.
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1 (e) ERCOT.—
2 (1) ASSESSMENT, COLLECTION, AND REMIT3
TANCE.—(A) Notwithstanding any other provision of
4 this section, within ERCOT, the assessment pro5
vided for in subsection (d) shall be—
6 (i) levied directly on qualified scheduling
7 entities, or their successor entities;
8 (ii) charged consistent with other charges
9 imposed on qualified scheduling entities as a fee
10 on energy used by the load-serving entities; and
11 (iii) collected and remitted by ERCOT to
12 the Corporation in the amounts and in the
13 same manner as set forth in subsection (d).
14 (B) The assessment amounts referred to in sub15
paragraph (A) shall be—
16 (i) determined by the amount and types of
17 fossil fuel-based electricity delivered directly to
18 all retail customers in the prior calendar year
19 beginning with the year ending immediately
20 prior to the period described in subsection
21 (b)(2); and
22 (ii) take into account the number of renew23
able energy credits retired by the load-serving
24 entities represented by a qualified scheduling
25 entity within the prior calendar year.
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1 (2) ADMINISTRATION EXPENSES.—Up to 1 per2
cent of the funds collected in any fiscal year by
3 ERCOT under the provisions of this subsection may
4 be used for the administrative expenses incurred in
5 the determination, collection and remittance of the
6 assessments to the Corporation.
7 (3) AUDIT.—ERCOT shall provide a copy of its
8 annual audit pertaining to the administration of the
9 provisions of this subsection to the Corporation.
10 (4) DEFINITIONS.—For the purposes of this
11 subsection:
12 (A) The term ‘‘ERCOT’’ means the Elec13
tric Reliability Council of Texas.
14 (B) The term ‘‘load-serving entities’’ has
15 the meaning adopted by ERCOT Protocols and
16 in effect on the date of enactment of this Act.
17 (C) The term ‘‘qualified scheduling enti18
ties’’ has the meaning adopted by ERCOT Pro19
tocols and in effect on the date of enactment of
20 this Act.
21 (D) The term ‘‘renewable energy credit’’
22 has the meaning as promulgated and adopted
23 by the Public Utility Commission of Texas pur24
suant to section 39.904(b) of the Public Utility
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1 Regulatory Act of 1999, and in effect on the
2 date of enactment of this Act.
3 (f) DETERMINATION OF FOSSIL FUEL-BASED ELEC4
TRICITY DELIVERIES.—
5 (1) FINDINGS.—The Congress finds that:
6 (A) The assessments under subsection (d)
7 are to be collected based on the amount of fossil
8 fuel-based electricity delivered by each distribu9
tion utility.
10 (B) Since many distribution utilities pur11
chase all or part of their retail consumer’s elec12
tricity needs from other entities, it may not be
13 practical to determine the precise fuel mix for
14 the power sold by each individual distribution
15 utility.
16 (C) It may be necessary to use average
17 data, often on a regional basis with reference to
18 Regional Transmission Organization (‘‘RTO’’)
19 or NERC regions, to make the determinations
20 necessary for making assessments.
21 (2) DOE PROPOSED RULE.—The Secretary,
22 acting in close consultation with the Energy Infor23
mation Administration, shall issue for notice and
24 comment a proposed rule to determine the level of
25 fossil fuel electricity delivered to retail customers by
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H.L.C.
1 each distribution utility in the United States during
2 the most recent calendar year or other period deter3
mined to be most appropriate. Such proposed rule
4 shall balance the need to be efficient, reasonably pre5
cise, and timely, taking into account the nature and
6 cost of data currently available and the nature of
7 markets and regulation in effect in various regions
8 of the country. Different methodologies may be ap9
plied in different regions if appropriate to obtain the
10 best balance of such factors.
11 (3) FINAL RULE.—Within 6 months after the
12 date of enactment of this Act, and after opportunity
13 for comment, the Secretary shall issue a final rule
14 under this subsection for determining the level and
15 type of fossil fuel-based electricity delivered to retail
16 customers by each distribution utility in the United
17 States during the appropriate period. In issuing
18 such rule, the Secretary may consider opportunities
19 and costs to develop new data sources in the future
20 and issue recommendations for the Energy Informa21
tion Administration or other entities to collect such
22 data. After notice and opportunity for comment the
23 Secretary may, by rule, subsequently update and
24 modify the methodology for making such determina25
tions.
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H.L.C.
1 (4) ANNUAL DETERMINATIONS.—Pursuant to
2 the final rule issued under paragraph (3), the Sec3
retary shall make annual determinations of the
4 amounts and types for each such utility and publish
5 such determinations in the Federal Register. Such
6 determinations shall be used to conduct the ref7
erendum under subsection (b) and by the Corpora8
tion in applying any assessment under this sub9
section.
10 (5) REHEARING AND JUDICIAL REVIEW.—The
11 owner or operator of any distribution utility that be12
lieves that the Secretary has misapplied the method13
ology in the final rule in determining the amount
14 and types of fossil fuel electricity delivered by such
15 distribution utility may seek rehearing of such deter16
mination within 30 days of publication of the deter17
mination in the Federal Register. The Secretary
18 shall decide such rehearing petitions within 30 days.
19 The Secretary’s determinations following rehearing
20 shall be final and subject to judicial review in the
21 United States Court of Appeals for the District of
22 Columbia.
23 (g) COMPLIANCE WITH CORPORATION ASSESS24
MENTS.—The Corporation may bring an action in the ap25
propriate court of the United States to compel compliance
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H.L.C.
1 with an assessment levied by the Corporation under this
2 section. A successful action for compliance under this sub3
section may also require payment by the defendant of the
4 costs incurred by the Corporation in bringing such action.
5 (h) MIDCOURSE REVIEW.—Not later than 5 years
6 following establishment of the Corporation, the Comp7
troller General of the United States shall prepare an anal8
ysis, and report to Congress, assessing the Corporation’s
9 activities, including project selection and methods of dis10
bursement of assessed fees, impacts on the prospects for
11 commercialization of carbon capture and storage tech12
nologies, adequacy of funding, and administration of
13 funds. The report shall also make such recommendations
14 as may be appropriate in each of these areas. The Cor15
poration shall reimburse the Government Accountability
16 Office for the costs associated with performing this mid17
course review.
18 (i) RECOVERY OF COSTS.—
19 (1) IN GENERAL.—A distribution utility whose
20 transmission, delivery, or sales of electric energy are
21 subject to any form of rate regulation shall not be
22 denied the opportunity to recover the full amount of
23 the prudently incurred costs associated with com24
plying with this section, consistent with applicable
25 State or Federal law.
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H.L.C.
1 (2) RATEPAYER REBATES.—Regulatory authori2
ties that approve cost recovery pursuant to para3
graph (1) may order rebates to ratepayers to the ex4
tent that distribution utilities are reimbursed
5 undedicated or unassigned balances pursuant to sub6
section (d)(3).
7 (j) TECHNICAL ADVISORY COMMITTEE.—
8 (1) ESTABLISHMENT.—There is established an
9 advisory committee, to be known as the ‘‘Technical
10 Advisory Committee’’.
11 (2) MEMBERSHIP.—The Technical Advisory
12 Committee shall be comprised of not less than 7
13 members appointed by the Board from among aca14
demic institutions, national laboratories, independent
15 research institutions, and other qualified institu16
tions. No member of the Committee shall be affili17
ated with EPRI or with any organization having
18 members serving on the Board. At least one member
19 of the Committee shall be appointed from among of20
ficers or employees of the Department of Energy
21 recommended to the Board by the Secretary of En22
ergy.
23 (3) CHAIRPERSON AND VICE CHAIRPERSON.—
24 The Board shall designate one member of the Tech25
nical Advisory Committee to serve as Chairperson of
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H.L.C.
1 the Committee and one to serve as Vice Chairperson
2 of the Committee.
3 (4) COMPENSATION.—The Board shall provide
4 compensation to members of the Technical Advisory
5 Committee for travel and other incidental expenses
6 and such other compensation as the Board deter7
mines to be necessary.
8 (5) PURPOSE.—The Technical Advisory Com9
mittee shall provide independent assessments and
10 technical evaluations, as well as make non-binding
11 recommendations to the Board, concerning Corpora12
tion activities, including but not limited to the fol13
lowing:
14 (A) Reviewing and evaluating the Corpora15
tion’s plans and budgets described in subsection
16 (c)(9), as well as any other appropriate areas,
17 which could include approaches to prioritizing
18 technologies, appropriateness of engineering
19 techniques, monitoring and verification tech20
nologies for storage, geological site selection,
21 and cost control measures.
22 (B) Making annual non-binding rec23
ommendations to the Board concerning any of
24 the matters referred to in subparagraph (A), as
25 well as what types of investments, scientific re-
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H.L.C.
1 search, or engineering practices would best fur2
ther the goals of the Corporation.
3 (6) PUBLIC AVAILABILITY.—All reports, evalua4
tions, and other materials of the Technical Advisory
5 Committee shall be made available to the public by
6 the Board, without charge, at time of receipt by the
7 Board.
8 (k) LOBBYING RESTRICTIONS.—No funds collected
9 by the Corporation shall be used in any manner for influ10
encing legislation or elections, except that the Corporation
11 may recommend to the Secretary and the Congress
12 changes in this section or other statutes that would fur13
ther the purposes of this section.
14 (l) DAVIS-BACON COMPLIANCE.—The Corporation
15 shall ensure that entities receiving grants, contracts, or
16 other financial support from the Corporation for the
17 project activities authorized by this section are in compli18
ance with the Davis-Bacon Act (40 U.S.C. 276a–276a–
19 5).
20 SEC. 115. COMMERCIAL DEPLOYMENT OF CARBON CAP21
TURE AND SEQUESTRATION TECHNOLOGIES.
22 Part H of title VII of the Clean Air Act (as added
23 by section 321 of this Act) is amended by adding the fol24
lowing new section after section 785:
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H.L.C.
1 ‘‘SEC. 786. COMMERCIAL DEPLOYMENT OF CARBON CAP2
TURE AND SEQUESTRATION TECHNOLOGIES.
3 ‘‘(a) REGULATIONS.—Not later than 2 years after
4 the date of enactment of this title, the Administrator shall
5 promulgate regulations providing for the distribution of
6 emission allowances allocated pursuant to section 782(f),
7 pursuant to the requirements of this section, to support
8 the commercial deployment of carbon capture and seques9
tration technologies in both electric power generation and
10 industrial operations.
11 ‘‘(b) ELIGIBILITY CRITERIA.—For an owner or oper12
ator of a project to be eligible to receive emission allow13
ances under this section, the project must—
14 ‘‘(1) implement carbon capture and sequestra15
tion technology—
16 ‘‘(A) at an electric generating unit that—
17 ‘‘(i) has a nameplate capacity of 200
18 megawatts or more;
19 ‘‘(ii) in the case of a retrofit applica20
tion, applies the carbon capture and se21
questration technology to the flue gas from
22 at least 200 megawatts of the total name23
plate generating capacity of the unit, pro24
vided that clause (i) shall apply without ex25
ception;
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1 ‘‘(iii) derives at least 50 percent of its
2 annual fuel input from coal, petroleum
3 coke, or any combination of these 2 fuels;
4 and
5 ‘‘(iv) upon implementation of capture
6 and sequestration technology, will achieve
7 an emission limit that is at least a 50 per8
cent reduction in emissions of the carbon
9 dioxide produced by—
10 ‘‘(I) the unit, measured on an
11 annual basis, determined in accord12
ance with section 812(b)(2); or
13 ‘‘(II) in the case of retrofit appli14
cations under clause (ii), the treated
15 portion of flue gas from the unit,
16 measured on an annual basis, deter17
mined in accordance with section
18 812(b)(2); or
19 ‘‘(B) at an industrial source that—
20 ‘‘(i) absent carbon capture and se21
questration, would emit greater than
22 50,000 tons per year of carbon dioxide;
23 ‘‘(ii) upon implementation, will
24 achieve an emission limit that is at least a
25 50 percent reduction in emissions of the
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H.L.C.
1 carbon dioxide produced by the emission
2 point, measured on an annual basis, deter3
mined in accordance with section
4 812(b)(2); and
5 ‘‘(iii) does not produce a liquid trans6
portation fuel from a solid fossil-based
7 feedstock;
8 ‘‘(2) geologically sequester carbon dioxide at a
9 site that meets all applicable permitting and certifi10
cation requirements for geologic sequestration, or,
11 pursuant to such requirements as the Administrator
12 may prescribe by regulation, convert captured car13
bon dioxide to a stable form that will safely and per14
manently sequester such carbon dioxide;
15 ‘‘(3) meet all other applicable State, tribal, and
16 Federal permitting requirements; and
17 ‘‘(4) be located in the United States.
18 ‘‘(c) PHASE I DISTRIBUTION TO ELECTRIC GENER19
ATING UNITS.—
20 ‘‘(1) APPLICATION.—This subsection shall
21 apply only to projects at the first 6 gigawatts of
22 electric generating units, measured in cumulative
23 generating capacity of such units, that receive allow24
ances under this section.
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H.L.C.
1 ‘‘(2) DISTRIBUTION.—The Administrator shall
2 distribute emission allowances allocated under sec3
tion 782(f) to the owner or operator of each eligible
4 project at an electric generating unit in a quantity
5 equal to the quotient obtained by dividing—
6 ‘‘(A) the product obtained by multi7
plying—
8 ‘‘(i) the number of metric tons of car9
bon dioxide emissions avoided through cap10
ture and sequestration of emissions by the
11 project, as determined pursuant to such
12 methodology as the Administrator shall
13 prescribe by regulation; and
14 ‘‘(ii) a bonus allowance value, pursu15
ant to paragraph (3); by
16 ‘‘(B) the average fair market value of an
17 emission allowance during the preceding year.
18 ‘‘(3) BONUS ALLOWANCE VALUES.—
19 ‘‘(A) For a generating unit achieving the
20 capture and sequestration of 85 percent or
21 more of the carbon dioxide that otherwise would
22 be emitted by such unit, the bonus allowance
23 value shall be $90 per ton.
24 ‘‘(B) The Administrator shall by regulation
25 establish a bonus allowance value for each rate
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H.L.C.
1 of lower capture and sequestration achieved by
2 a generating unit, from a minimum of $50 per
3 ton for a 50 percent rate and varying directly
4 with increasing rates of capture and sequestra5
tion up to $90 per ton for an 85 percent rate.
6 ‘‘(C) For a generating unit that achieves
7 the capture and sequestration of at least 50
8 percent of the carbon dioxide that otherwise
9 would be emitted by such unit by not later than
10 January 1, 2017, the otherwise applicable
11 bonus allowance value under this paragraph
12 shall be increased by $10, provided that the
13 owner of such unit notifies the Administrator
14 by not later than January 1, 2012, of its intent
15 to achieve such rate of capture and sequestra16
tion.
17 ‘‘(D) For a carbon capture and sequestra18
tion project sequestering in a geological forma19
tion for purposes of enhanced hydrocarbon re20
covery, the Administrator shall, by regulation,
21 reduce the applicable bonus allowance value
22 under this paragraph to reflect the lower net
23 cost of the project when compared to sequestra24
tion into geological formations solely for pur25
poses of sequestration.
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H.L.C.
1 ‘‘(E) The Administrator shall annually ad2
just for inflation the bonus allowance values es3
tablished under this paragraph.
4 ‘‘(d) PHASE II DISTRIBUTION TO ELECTRIC GENER5
ATING UNITS.—
6 ‘‘(1) APPLICATION.—This subsection shall
7 apply only to the distribution of emission allowances
8 for carbon capture and sequestration projects at
9 electric generating units after the capacity threshold
10 identified in subsection (c)(1) is reached.
11 ‘‘(2) REGULATIONS.—Not later than 2 years
12 prior to the date on which the capacity threshold
13 identified in subsection (c)(1) is projected to be
14 reached, the Administrator shall promulgate regula15
tions to govern the distribution of emission allow16
ances to the owners or operators of eligible projects
17 under this subsection.
18 ‘‘(3) REVERSE AUCTIONS.—
19 ‘‘(A) IN GENERAL.—Except as provided in
20 paragraph (4), the regulations promulgated
21 under paragraph (2) shall provide for the dis22
tribution of emission allowances to the owners
23 or operators of eligible projects under this sub24
section through reverse auctions, which shall be
25 held no less frequently than once each calendar
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H.L.C.
1 year. The Administrator may establish a sepa2
rate auction for each of no more than 5 dif3
ferent project categories, defined on the basis of
4 coal type, capture technology, geological forma5
tion type, new unit versus retrofit application,
6 such other factors as the Administrator may
7 prescribe, or any combination thereof. The Ad8
ministrator may establish appropriate minimum
9 rates of capture and sequestration in imple10
menting this paragraph.
11 ‘‘(B) AUCTION PROCESS.—At each reverse
12 auction—
13 ‘‘(i) the Administrator shall solicit
14 bids from eligible projects;
15 ‘‘(ii) eligible projects participating in
16 the auction shall submit a bid including
17 the desired level of carbon dioxide seques18
tration incentive per ton and the estimated
19 quantity of carbon dioxide that the project
20 will permanently sequester over 10 years;
21 and
22 ‘‘(iii) the Administrator shall select
23 bids, within each auction, for the seques24
tration amount submitted, beginning with
25 the eligible project submitting the bid for
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H.L.C.
1 the lowest level of sequestration incentive
2 on a per ton basis and meeting such other
3 requirements as the Administrator may
4 specify, until the amount of funds available
5 for the reverse auction is committed.
6 ‘‘(C) FORM OF DISTRIBUTION.—The Ad7
ministrator shall distribute emission allowances
8 to the owners or operators of eligible projects
9 selected through a reverse auction under this
10 paragraph pursuant to a formula equivalent to
11 that described in subsection (c)(2), except that
12 the bonus allowance value that is bid by the en13
tity shall be substituted for the bonus allowance
14 values set forth in subsection (c)(3).
15 ‘‘(4) ALTERNATIVE DISTRIBUTION METHOD.—
16 ‘‘(A) IN GENERAL.—If the Administrator
17 determines that reverse auctions would not pro18
vide for efficient and cost-effective commercial
19 deployment of carbon capture and sequestration
20 technologies, the Administrator may instead,
21 through regulations promulgated under para22
graph (2) or (5), prescribe a schedule for the
23 award of bonus allowances to the owners or op24
erators of eligible projects under this sub-
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H.L.C.
1 section, in accordance with the requirements of
2 this paragraph.
3 ‘‘(B) MULTIPLE TRANCHES.—The Admin4
istrator shall divide emission allowances avail5
able for distribution to the owners or operators
6 of eligible projects into a series of tranches,
7 each supporting the deployment of a specified
8 quantity of cumulative electric generating ca9
pacity utilizing carbon capture and sequestra10
tion technology, each of which shall not be
11 greater than 6 gigawatts.
12 ‘‘(C) METHOD OF DISTRIBUTION.—The
13 Administrator shall distribute emission allow14
ances within each tranche, on a first-come,
15 first-served basis—
16 ‘‘(i) based on the date of full-scale op17
eration of capture and sequestration tech18
nology; and
19 ‘‘(ii) pursuant to a formula, similar to
20 that set forth in subsection (c)(2) (except
21 that the Administrator shall prescribe
22 bonus allowance values different than those
23 set forth in subsection (c)(3)), establishing
24 the number of allowances to be distributed
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H.L.C.
1 per ton of carbon dioxide sequestered by
2 the project.
3 ‘‘(D) REQUIREMENTS.—For each tranche
4 established pursuant to subparagraph (B), the
5 Administrator shall establish a schedule for dis6
tributing emission allowances that—
7 ‘‘(i) is based on a sliding scale that
8 provides higher bonus allowance values for
9 projects achieving higher rates of capture
10 and sequestration;
11 ‘‘(ii) for each capture and sequestra12
tion rate, establishes a bonus allowance
13 value that is lower than that established
14 for such rate in the previous tranche (or,
15 in the case of the first tranche, than that
16 established for such rate under subsection
17 (c)(3)); and
18 ‘‘(iii) may establish different bonus al19
lowance levels for no more than 5 different
20 project categories, defined by coal type,
21 capture technology, geological formation
22 type, new unit versus retrofit application,
23 such other factors as the Administrator
24 may prescribe, or any combination thereof.
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H.L.C.
1 ‘‘(E) CRITERIA FOR ESTABLISHING BONUS
2 ALLOWANCE VALUES.—In setting bonus allow3
ance values under this paragraph, the Adminis4
trator shall seek to cover no more than the rea5
sonable incremental capital and operating costs
6 of a project that are attributable to implemen7
tation of carbon capture, transportation, and
8 sequestration technologies, taking into ac9
count—
10 ‘‘(i) the reduced cost of compliance
11 with section 722 of this Act;
12 ‘‘(ii) the reduced cost associated with
13 sequestering in a geological formation for
14 purposes of enhanced hydrocarbon recovery
15 when compared to sequestration into geo16
logical formations solely for purposes of se17
questration;
18 ‘‘(iii) the relevant factors defining the
19 project category; and
20 ‘‘(iv) such other factors as the Admin21
istrator determines are appropriate.
22 ‘‘(5) REVISION OF REGULATIONS.—The Admin23
istrator shall review, and as appropriate revise, the
24 applicable regulations under this subsection no less
25 frequently than every 8 years.
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And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
Re: TEXT of HR2454 Posted in Sections
« Reply #5 on: June 27, 2009, 02:56:52 pm »
===================================================
TITLE I - Clean Energy
===================================================
Subtitle B: Carbon Capture and Sequestration (Part 2 of 2)
===================================================


H.L.C.
1 ‘‘(e) LIMITS FOR CERTAIN ELECTRIC GENERATING
2 UNITS.—
3 ‘‘(1) DEFINITIONS.—For purposes of this sub4
section, the terms ‘covered EGU’ and ‘initially per5
mitted’ shall have the meaning given those terms in
6 section 812 of this Act.
7 ‘‘(2) COVERED EGUS INITIALLY PERMITTED
8 FROM 2009 THROUGH 2014.—For a covered EGU
9 that is initially permitted on or after January 1,
10 2009, and before January 1, 2015, the Adminis11
trator shall reduce the quantity of emission allow12
ances that the owner or operator of such covered
13 EGU would otherwise be eligible to receive under
14 this section as follows:
15 ‘‘(A) In the case of a unit commencing op16
eration on or before January 1, 2019, if the
17 date in clause (ii)(I) is earlier than the date in
18 clause (ii)(II), by the product of—
19 ‘‘(i) 20 percent; and
20 ‘‘(ii) the number of years, if any, that
21 have elapsed between—
22 ‘‘(I) the earlier of January 1,
23 2020, or the date that is 5 years after
24 the commencement of operation of
25 such covered EGU; and
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1 ‘‘(II) the first year that such cov2
ered EGU achieves (and thereafter
3 maintains) an emission limit that is at
4 least a 50 percent reduction in emis5
sions of the carbon dioxide produced
6 by the unit, measured on an annual
7 basis, as determined in accordance
8 with section 812(b)(2).
9 ‘‘(B) In the case of a unit commencing op10
eration after January 1, 2019, by the product
11 of—
12 ‘‘(i) 20 percent; and
13 ‘‘(ii) the number of years between—
14 ‘‘(I) the commencement of oper15
ation of such covered EGU; and
16 ‘‘(II) the first year that such cov17
ered EGU achieves (and thereafter
18 maintains) an emission limit that is at
19 least a 50 percent reduction in emis20
sions of the carbon dioxide produced
21 by the unit, measured on an annual
22 basis, as determined in accordance
23 with section 812(b)(2).
24 ‘‘(3) COVERED EGUS INITIALLY PERMITTED
25 FROM 2015 THROUGH 2019.—The owner or operator
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1 of a covered EGU that is initially permitted on or
2 after January 1, 2015, and before January 1, 2020,
3 shall be ineligible to receive emission allowances pur4
suant to this section if such unit, upon commence5
ment of operations (and thereafter), does not achieve
6 and maintain an emission limit that is at least a 50
7 percent reduction in emissions of the carbon dioxide
8 produced by the unit, measured on an annual basis,
9 as determined in accordance with section 812(b)(2).
10 ‘‘(f) INDUSTRIAL SOURCES.—
11 ‘‘(1) ALLOWANCES.—The Administrator may
12 distribute not more than 15 percent of the allow13
ances allocated under section 782(f) for any vintage
14 year to the owners or operators of eligible industrial
15 sources to support the commercial-scale deployment
16 of carbon capture and sequestration technologies at
17 such sources.
18 ‘‘(2) DISTRIBUTION.—The Administrator shall,
19 by regulation, prescribe requirements for the dis20
tribution of emission allowances to the owners or op21
erators of industrial sources under this subsection,
22 based on a bonus allowance formula that awards al23
lowances to qualifying projects on the basis of tons
24 of carbon dioxide captured and permanently seques-
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1 tered. The Administrator may provide for the dis2
tribution of emission allowances pursuant to—
3 ‘‘(A) a reverse auction method, similar to
4 that described under subsection (d)(3), includ5
ing the use of separate auctions for different
6 project categories; or
7 ‘‘(B) an incentive schedule, similar to that
8 described under subsection (d)(4), which shall
9 ensure that incentives are set so as to satisfy
10 the requirement described in subsection
11 (d)(4)(E).
12 ‘‘(3) REVISION OF REGULATIONS.—The Admin13
istrator shall review, and as appropriate revise, the
14 applicable regulations under this subsection no less
15 frequently than every 8 years.
16 ‘‘(g) LIMITATIONS.—Allowances may be distributed
17 under this section only for tons of carbon dioxide emis18
sions that have already been captured and sequestered. A
19 qualifying project may receive annual emission allowances
20 under this section only for the first 10 years of operation.
21 No greater than 72 gigawatts of total cumulative gener22
ating capacity (including industrial applications, measured
23 by such equivalent metric as the Administrator may des24
ignate) may receive emission allowances under this sec25
tion. Upon reaching the limit described in the preceding
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1 sentence, any emission allowances that are allocated for
2 carbon capture and sequestration deployment under sec3
tion 782(f) and are not yet obligated under this section
4 shall be treated as allowances not designated for distribu5
tion for purposes of section 782(r).
6 ‘‘(h) EXHAUSTION OF ACCOUNT AND ANNUAL ROLL7
OVER OF SURPLUS ALLOWANCES.—
8 ‘‘(1) In distributing emission allowances under
9 this section, the Administrator shall ensure that
10 qualifying projects receiving allowances receive dis11
tributions for 10 years.
12 ‘‘(2) If the Administrator determines that the
13 emission allowances allocated under section 782(f)
14 with a vintage year that matches the year of dis15
tribution will be exhausted once the estimated full
16 10-year distributions will be provided to current eli17
gible participants, the Administrator shall provide to
18 new eligible projects allowances from vintage years
19 after the year of the distribution.
20 ‘‘(i) RETROFIT APPLICATIONS.—(1) In calculating
21 bonus allowance values for retrofit applications eligible
22 under subsection (b)(1)(A)(ii) and (iv)(II), the Adminis23
trator shall apply the required capture rates with respect
24 to the treated portion of flue gas from the unit.
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1 ‘‘(2) No additional projects shall be eligible for allow2
ances under subsection (b)(1)(A)(ii) and (iv)(II) as of such
3 time as the Administrator reports, pursuant to section
4 812(d), that carbon capture and sequestration retrofit
5 projects at electric generating units that are eligible for
6 allowances under this section have been applied, in the ag7
gregate, to the flue gas generated by 1 gigawatt of total
8 cumulative generating capacity.
9 ‘‘(j) DAVIS-BACON COMPLIANCE.—All laborers and
10 mechanics employed on projects funded directly by or as11
sisted in whole or in part by this section through the use
12 of emission allowances shall be paid wages at rates not
13 less than those prevailing on projects of a character simi14
lar in the locality as determined by the Secretary of Labor
15 in accordance with subchapter IV, chapter 31, part A of
16 subtitle II of title 40, United States Code. With respect
17 to the labor standards specified in this subsection, the Sec18
retary of Labor shall have the authority and functions set
19 forth in Reorganization Plan Numbered 14 of 1950 (64
20 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40,
21 United States Code.’’.
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1 SEC. 116. PERFORMANCE STANDARDS FOR COAL-FUELED
2 POWER PLANTS.
3 (a) IN GENERAL.—Title VIII of the Clean Air Act
4 (as added by section 331 of this Act) is amended by add5
ing the following new section after section 811:
6 ‘‘SEC. 812. PERFORMANCE STANDARDS FOR NEW COAL7
FIRED POWER PLANTS.
8 ‘‘(a) DEFINITIONS.—For purposes of this section:
9 ‘‘(1) COVERED EGU.—The term ‘covered EGU’
10 means a utility unit that is required to have a per11
mit under section 503(a) and is authorized under
12 state or federal law to derive at least 30 percent of
13 its annual heat input from coal, petroleum coke, or
14 any combination of these fuels.
15 ‘‘(2) INITIALLY PERMITTED.—The term ‘ini16
tially permitted’ means that the owner or operator
17 has received a Clean Air Act preconstruction ap18
proval or permit, for the covered EGU as a new (not
19 a modified) source, but administrative review or ap20
peal of such approval or permit has not been ex21
hausted. A subsequent modification of any such ap22
proval or permits, ongoing administrative or court
23 review, appeals, or challenges, or the existence or
24 tolling of any time to pursue further review, appeals,
25 or challenges shall not affect the date on which a
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H.L.C.
1 covered EGU is considered to be initially permitted
2 under this paragraph.
3 ‘‘(b) STANDARDS.—(1) A covered EGU that is ini4
tially permitted on or after January 1, 2020, shall achieve
5 an emission limit that is a 65 percent reduction in emis6
sions of the carbon dioxide produced by the unit, as
7 measured on an annual basis, or meet such more stringent
8 standard as the Administrator may establish pursuant to
9 subsection (c).
10 ‘‘(2) A covered EGU that is initially permitted after
11 January 1, 2009, and before January 1, 2020, shall, by
12 the applicable compliance date established under this
13 paragraph, achieve an emission limit that is a 50 percent
14 reduction in emissions of the carbon dioxide produced by
15 the unit, as measured on an annual basis. Compliance
16 with the requirement set forth in this paragraph shall be
17 required by the earliest of the following:
18 ‘‘(A) Four years after the date the Adminis19
trator has published pursuant to subsection (d) a re20
port that there are in commercial operation in the
21 United States electric generating units or other sta22
tionary sources equipped with carbon capture and
23 sequestration technology that, in the aggregate—
24 ‘‘(i) have a total of at least 4 gigawatts of
25 nameplate generating capacity of which—
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1 ‘‘(I) at least 3 gigawatts must be elec2
tric generating units; and
3 ‘‘(II) up to 1 gigawatt may be indus4
trial applications, for which capture and
5 sequestration of 3 million tons of carbon
6 dioxide per year on an aggregate
7 annualized basis shall be considered equiv8
alent to 1 gigawatt;
9 ‘‘(ii) include at least 2 electric generating
10 units, each with a nameplate generating capac11
ity of 250 megawatts or greater, that capture,
12 inject, and sequester carbon dioxide into geo13
logic formations other than oil and gas fields;
14 and
15 ‘‘(iii) are capturing and sequestering in the
16 aggregate at least 12 million tons of carbon di17
oxide per year, calculated on an aggregate
18 annualized basis.
19 ‘‘(B) January 1, 2025.
20 ‘‘(3) If the deadline for compliance with paragraph
21 (2) is January 1, 2025, the Administrator may extend the
22 deadline for compliance by a covered EGU by up to 18
23 months if the Administrator makes a determination, based
24 on a showing by the owner or operator of the unit, that
25 it will be technically infeasible for the unit to meet the
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1 standard by the deadline. The owner or operator must
2 submit a request for such an extension by no later than
3 January 1, 2022, and the Administrator shall provide for
4 public notice and comment on the extension request.
5 ‘‘(c) REVIEW AND REVISION OF STANDARDS.—Not
6 later than 2025 and at 5-year intervals thereafter, the Ad7
ministrator shall review the standards for new covered
8 EGUs under this section and shall, by rule, reduce the
9 maximum carbon dioxide emission rate for new covered
10 EGUs to a rate which reflects the degree of emission limi11
tation achievable through the application of the best sys12
tem of emission reduction which (taking into account the
13 cost of achieving such reduction and any nonair quality
14 health and environmental impact and energy require15
ments) the Administrator determines has been adequately
16 demonstrated.
17 ‘‘(d) REPORTS.—Not later than the date 18 months
18 after the date of enactment of this title and semiannually
19 thereafter, the Administrator shall publish a report on the
20 nameplate capacity of units (determined pursuant to sub21
section (b)(2)(A)) in commercial operation in the United
22 States equipped with carbon capture and sequestration
23 technology, including the information described in sub24
section (b)(2)(A) (including the cumulative generating ca25
pacity to which carbon capture and sequestration retrofit
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1 projects meeting the criteria described in section
2 786(b)(1)(A)(ii) and (b)(1)(A)(iv)(II) has been applied
3 and the quantities of carbon dioxide captured and seques4
tered by such projects).
5 ‘‘(e) REGULATIONS.—Not later than 2 years after the
6 date of enactment of this title, the Administrator shall
7 promulgate regulations to carry out the requirements of
8 this section.’’.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
Re: TEXT of HR2454 Posted in Sections
« Reply #6 on: June 27, 2009, 02:59:38 pm »
===================================================
TITLE I - Clean Energy
===================================================
Subtitle C: Clean Transportation
===================================================

9 Subtitle C—Clean Transportation
10 SEC. 121. ELECTRIC VEHICLE INFRASTRUCTURE.
11 (a) AMENDMENT OF PURPA.—Section 111(d) of the
12 Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
13 2621(d)) is amended by adding at the end the following:
14 ‘‘(20) PLUG-IN ELECTRIC DRIVE VEHICLE IN15
FRASTRUCTURE.—
16 ‘‘(A) UTILITY PLAN FOR INFRASTRUC17
TURE.—Each electric utility shall develop a
18 plan to support the use of plug-in electric drive
19 vehicles, including heavy-duty hybrid electric ve20
hicles. The plan may provide for deployment of
21 electrical charging stations in public or private
22 locations, including street parking, parking ga23
rages, parking lots, homes, gas stations, and
24 highway rest stops. Any such plan may also in25
clude—
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H.L.C.
1 ‘‘(i) battery exchange, fast charging
2 infrastructure and other services;
3 ‘‘(ii) triggers for infrastructure de4
ployment based upon market penetration
5 of plug-in electric drive vehicles; and
6 ‘‘(iii) such other elements as the State
7 determines necessary to support plug-in
8 electric drive vehicles.
9 Each plan under this paragraph shall provide
10 for the deployment of the charging infrastruc11
ture or other infrastructure necessary to ade12
quately support the use of plug-in electric drive
13 vehicles.
14 ‘‘(B) SUPPORT REQUIREMENTS.—Each
15 State regulatory authority (in the case of each
16 electric utility for which it has ratemaking au17
thority) and each utility (in the case of a non18
regulated utility) shall—
19 ‘‘(i) require that charging infrastruc20
ture deployed is interoperable with prod21
ucts of all auto manufacturers to the ex22
tent possible; and
23 ‘‘(ii) consider adopting minimum re24
quirements for deployment of electrical
25 charging infrastructure and other appro-
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H.L.C.
1 priate requirements necessary to support
2 the use of plug-in electric drive vehicles.
3 ‘‘(C) COST RECOVERY.—Each State regu4
latory authority (in the case of each electric
5 utility for which it has ratemaking authority)
6 and each utility (in the case of a nonregulated
7 utility) shall consider whether, and to what ex8
tent, to allow cost recovery for plans and imple9
mentation of plans.
10 ‘‘(D) SMART GRID INTEGRATION.—The
11 State regulatory authority (in the case of each
12 electric utility for which it has ratemaking au13
thority) and each utility (in the case of a non14
regulated utility) shall, in accordance with regu15
lations issued by the Federal Energy Regu16
latory Commission pursuant to section 1305(d)
17 of the Energy Independence and Security Act
18 of 2007—
19 ‘‘(i) establish any appropriate proto20
cols and standards for integrating plug-in
21 electric drive vehicles into an electrical dis22
tribution system, including Smart Grid
23 systems and devices as described in title
24 XIII of the Energy Independence and Se25
curity Act of 2007;
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H.L.C.
1 ‘‘(ii) include, to the extent feasible,
2 the ability for each plug-in electric drive
3 vehicle to be identified individually and to
4 be associated with its owner’s electric util5
ity account, regardless of the location that
6 the vehicle is plugged in, for purposes of
7 appropriate billing for any electricity re8
quired to charge the vehicle’s batteries as
9 well as any crediting for electricity pro10
vided to the electric utility from the vehi11
cle’s batteries; and
12 ‘‘(iii) review the determination made
13 in response to section 1252 of the Energy
14 Policy Act of 2005 in light of this section,
15 including whether time-of-use pricing
16 should be employed to enable the use of
17 plug-in electric drive vehicles to contribute
18 to meeting peak-load and ancillary service
19 power needs.’’.
20 (b) COMPLIANCE.—
21 (1) TIME LIMITATIONS.—Section 112(b) of the
22 Public Utility Regulatory Policies Act of 1978 (16
23 U.S.C. 2622(b)) is amended by adding the following
24 at the end thereof:
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1 ‘‘(7)(A) Not later than 3 years after the date of en2
actment of this paragraph, each State regulatory authority
3 (with respect to each electric utility for which it has rate4
making authority) and each nonregulated utility shall
5 commence the consideration referred to in section 111, or
6 set a hearing date for consideration, with respect to the
7 standard established by paragraph (20) of section 111(d).
8 ‘‘(B) Not later than 4 years after the date of enact9
ment of the this paragraph, each State regulatory author10
ity (with respect to each electric utility for which it has
11 ratemaking authority), and each nonregulated electric util12
ity, shall complete the consideration, and shall make the
13 determination, referred to in section 111 with respect to
14 the standard established by paragraph (20) of section
15 111(d).’’.
16 (2) FAILURE TO COMPLY.—Section 112(c) of
17 the Public Utility Regulatory Policies Act of 1978
18 (16 U.S.C. 2622(c)) is amended by adding the fol19
lowing at the end: ‘‘In the case of the standards es20
tablished by paragraph (20) of section 111(d), the
21 reference contained in this subsection to the date of
22 enactment of this Act shall be deemed to be a ref23
erence to the date of enactment of such paragraph.’’.
24 (3) PRIOR STATE ACTIONS.—Section 112(d) of
25 the Public Utility Regulatory Policies Act of 1978
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1 (16 U.S.C. 2622(d)) is amended by striking ‘‘(19)’’
2 and inserting ‘‘(20)’’ before ‘‘of section 111(d)’’.
3 SEC. 122. LARGE-SCALE VEHICLE ELECTRIFICATION PRO4
GRAM.
5 (a) DEPLOYMENT PROGRAM.—The Secretary of En6
ergy shall establish a program to deploy and integrate
7 plug-in electric drive vehicles into the electricity grid in
8 multiple regions. In carrying out the program, the Sec9
retary may provide financial assistance described under
10 subsection (d), consistent with the goals under subsection
11 (b). The Secretary shall select regions based upon applica12
tions for assistance received pursuant to subsection (c).
13 (b) GOALS.—The goals of the program established
14 pursuant to subsection (a) shall be—
15 (1) to demonstrate the viability of a vehicle16
based transportation system that is not overly de17
pendent on petroleum as a fuel and contributes to
18 lower carbon emissions than a system based on con19
ventional vehicles;
20 (2) to facilitate the integration of advanced ve21
hicle technologies into electricity distribution areas
22 to improve system performance and reliability;
23 (3) to demonstrate the potential benefits of co24
ordinated investments in vehicle electrification on
25 personal mobility and a regional grid;
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1 (4) to demonstrate protocols and standards that
2 facilitate vehicle integration into the grid; and
3 (5) to investigate differences in each region and
4 regulatory environment regarding best practices in
5 implementing vehicle electrification.
6 (c) APPLICATIONS.—Any State, Indian tribe, or local
7 government (or group of State, Indian tribe, or local gov8
ernments) may apply to the Secretary of Energy for finan9
cial assistance in furthering the regional deployment and
10 integration into the electricity grid of plug-in electric drive
11 vehicles. Such applications may be jointly sponsored by
12 electric utilities, automobile manufacturers, technology
13 providers, car sharing companies or organizations, or
14 other persons or entities.
15 (d) USE OF FUNDS.—Pursuant to applications re16
ceived under subsection (c), the Secretary may make fi17
nancial assistance available to any applicant or joint spon18
sor of the application to be used for any of the following:
19 (1) Assisting persons located in the regional de20
ployment area, including fleet owners, in the pur21
chase of new plug-in electric drive vehicles by offset22
ting in whole or in part the incremental cost of such
23 vehicles above the cost of comparable conventionally
24 fueled vehicles.
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1 (2) Supporting the use of plug-in electric drive
2 vehicles by funding projects for the deployment of
3 any of the following:
4 (A) Electrical charging infrastructure for
5 plug-in electric drive vehicles, including battery
6 exchange, fast charging infrastructure, and
7 other services, in public or private locations, in8
cluding street parking, parking garages, park9
ing lots, homes, gas stations, and highway rest
10 stops.
11 (B) Smart Grid equipment and infrastruc12
ture, as described in title XIII of the Energy
13 Independence and Security Act of 2007, to fa14
cilitate the charging and integration of plug-in
15 electric drive vehicles.
16 (3) Such other projects as the Secretary deter17
mines appropriate to support the large-scale deploy18
ment of plug-in electric drive vehicles in regional de19
ployment areas.
20 (e) PROGRAM REQUIREMENTS.—The Secretary, in
21 consultation with the Administrator and the Secretary of
22 Transportation, shall determine design elements and re23
quirements of the program established pursuant to sub24
section (a), including—
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1 (1) the type of financial mechanism with which
2 to provide financial assistance;
3 (2) criteria for evaluating applications sub4
mitted under subsection (c), including the antici5
pated ability to promote deployment and market
6 penetration of vehicles that are less dependent on
7 petroleum as a fuel source; and
8 (3) reporting requirements for entities that re9
ceive financial assistance under this section, includ10
ing a comprehensive set of performance data charac11
terizing the results of the deployment program.
12 (f) INFORMATION CLEARINGHOUSE.—The Secretary
13 shall, as part of the program established pursuant to sub14
section (a), collect and make available to the public infor15
mation regarding the cost, performance, and other tech16
nical data regarding the deployment and integration of
17 plug-in electric drive vehicles.
18 (g) AUTHORIZATION.—There are authorized to be ap19
propriated to carry out this section such sums as may be
20 necessary.
21 SEC. 123. PLUG-IN ELECTRIC DRIVE VEHICLE MANUFAC22
TURING.
23 (a) VEHICLE MANUFACTURING ASSISTANCE PRO24
GRAM.—The Secretary of Energy shall establish a pro25
gram to provide financial assistance to automobile manu-
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1 facturers to facilitate the manufacture of plug-in electric
2 drive vehicles, as defined in section 131(a)(5) of the En3
ergy Independence and Security Act of 2007, that are de4
veloped and produced in the United States.
5 (b) FINANCIAL ASSISTANCE.—The Secretary of En6
ergy may provide financial assistance to an automobile
7 manufacturer under the program established pursuant to
8 subsection (a) for—
9 (1) the reconstruction or retooling of facilities
10 for the manufacture of plug-in electric drive vehicles
11 that are developed and produced in the United
12 States; and
13 (2) if appropriate, the purchase of vehicle bat14
teries to be used in the manufacture of vehicles
15 manufactured pursuant to paragraph (1).
16 (c) COORDINATION WITH REGIONAL DEPLOY17
MENT.—The Secretary may provide financial assistance
18 under subsection (b) in conjunction with the award of fi19
nancial assistance under the large scale vehicle electrifica20
tion program established pursuant to section 122 of this
21 Act.
22 (d) PROGRAM REQUIREMENTS.—The Secretary shall
23 determine design elements and requirements of the pro24
gram established pursuant to subsection (a), including—
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1 (1) the type of financial mechanism with which
2 to provide financial assistance;
3 (2) criteria, in addition to the criteria described
4 under subsection (e), for evaluating applications for
5 financial assistance; and
6 (3) reporting requirements for automobile man7
ufacturers that receive financial assistance under
8 this section.
9 (e) CRITERIA.—In selecting recipients of financial as10
sistance from among applicant automobile manufacturers,
11 the Secretary shall give preference to proposals that—
12 (1) are most likely to be successful; and
13 (2) are located in local markets that have the
14 greatest need for the facility.
15 (f) REPORTS.—The Secretary shall annually submit
16 to Congress a report on the program established pursuant
17 to this section.
18 (g) AUTHORIZATION OF APPROPRIATIONS.—There
19 are authorized to be appropriated such sums as are nec20
essary to carry out this section.
21 SEC. 124. INVESTMENT IN CLEAN VEHICLES.
22 (a) DEFINITIONS.—In this section:
23 (1) ADVANCED TECHNOLOGY VEHICLES AND
24 QUALIFYING COMPONENTS.—The terms ‘‘advanced
25 technology vehicles’’ and ‘‘qualifying components’’
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1 shall have the definition of such terms in section 136
2 of the Energy Independence and Security Act of
3 2007, except that for purposes of this section, the
4 average base year as described in such section
5 136(a)(1)(C) shall be the following:
6 (A) In each of the years 2012 through
7 2016, model year 2009.
8 (B) In 2017, the Administrator shall, not9
withstanding such section 136(a)(1)(C), deter10
mine an appropriate baseline based on techno11
logical and economic feasibility.
12 (2) PLUG-IN ELECTRIC DRIVE VEHICLE.—The
13 term ‘‘plug-in electric drive vehicle’’ shall have the
14 definition of such term in section 131 of the Energy
15 Independence and Security Act of 2007.
16 (b) DISTRIBUTION OF ALLOWANCES.—The Adminis17
trator shall, in accordance with this section, distribute
18 emission allowances allocated pursuant to section 782(i)
19 of the Clean Air Act not later than September 30 of 2012
20 and each calendar year thereafter through 2025.
21 (c) PLUG-IN ELECTRIC DRIVE VEHICLE MANUFAC22
TURING AND DEPLOYMENT.—
23 (1) IN GENERAL.—The Administrator shall, at
24 the direction of the Secretary of Energy, provide
25 emission allowances allocated pursuant to section
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1 782(i) to applicants, joint sponsors and automobile
2 manufacturers pursuant to sections 122 and 123 of
3 this Act.
4 (2) ANNUAL AMOUNT.—In each of the years
5 2012 through 2017, one-quarter of the portion of
6 the emission allowances allocated pursuant to section
7 782(i) of the Clean Air Act shall be available to
8 carry out paragraph (1) such that—
9 (A) one-eighth of the portion shall be avail10
able to carry out section 122; and,
11 (B) one-eighth of the portion shall be
12 available to carry out section 123.
13 (3) PREFERENCE.—In directing the provision
14 of emission allowances under this subsection to carry
15 out section 122, the Secretary shall give preference
16 to applications under section 122(c) that are jointly
17 sponsored by one or more automobile manufacturers.
18 (4) MULTI-YEAR COMMITMENTS.—The Admin19
istrator shall commit to providing emission allow20
ances to an applicant, joint sponsor, or automobile
21 manufacturer for up to five consecutive years if—
22 (A) an application under section 122 or
23 123 of this Act requests a multi-year commit24
ment;
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1 (B) such application meets the criteria for
2 support established by the Secretary of Energy
3 under sections 122 or 123 of this Act;
4 (C) the Administrator confirms to the Sec5
retary that emission allowances will be available
6 for a multi-year commitment;
7 (D) the Secretary of Energy determines
8 that a multi-year commitment for such applica9
tion will advance the goals of section 122 or
10 123; and
11 (E) the Secretary of Energy directs the
12 Administrator to make a multi-year commit13
ment.
14 (5) INSUFFICIENT APPLICATIONS.—If, in any
15 year, emission allowances available under paragraph
16 (2) cannot be provided because of insufficient num17
bers of submitted applications that meet the criteria
18 for support established by the Secretary of Energy
19 under sections 122 or 123 of this Act, the remaining
20 emission allowances shall be distributed according to
21 subsection (d).
22 (d) ADVANCED TECHNOLOGY VEHICLES.—
23 (1) IN GENERAL.—The Administrator shall, at
24 the direction of the Secretary of Energy, provide any
25 emission allowances allocated pursuant to section
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1 782(i) of the Clean Air Act that are not provided
2 under subsection (c) to automobile manufacturers
3 and component suppliers to pay not more than 30
4 percent of the cost of—
5 (A) reequipping, expanding, or establishing
6 a manufacturing facility in the United States to
7 produce—
8 (i) qualifying advanced technology ve9
hicles; or
10 (ii) qualifying components; and
11 (B) engineering integration performed in
12 the United States of qualifying vehicles and
13 qualifying components.
14 (2) PREFERENCE.—In directing the provision
15 of emission allowances under this subsection during
16 the years 2012 through 2017, the Secretary shall
17 give preference to applications for projects that save
18 the maximum number of gallons of fuel.
19 SEC. 125. ADVANCED TECHNOLOGY VEHICLE MANUFAC20
TURING INCENTIVE LOANS.
21 Section 136(d)(1) of the Energy Independence and
22 Security Act of 2007 (42 U.S.C. 17013(d)(1)) is amended
23 by striking ‘‘$25,000,000,000’’ and inserting
24 ‘‘$50,000,000,000’’.
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1 SEC. 126. AMENDMENT TO RENEWABLE FUELS STANDARD.
2 (a) DEFINITION OF RENEWABLE BIOMASS.—Section
3 211(o)(1)(I) of the Clean Air Act (42 U.S.C. 7545(o)) is
4 amended to read as follows:
5 ‘‘(I) RENEWABLE BIOMASS.—The term ‘re6
newable biomass’ means any of the following:
7 ‘‘(i) Plant material, including waste
8 material, harvested or collected from ac9
tively managed agricultural land that was
10 in cultivation, cleared, or fallow and non11
forested on January 1, 2009.
12 ‘‘(ii) Plant material, including waste
13 material, harvested or collected from
14 pastureland that was nonforested on Janu15
ary 1, 2009.
16 ‘‘(iii) Nonhazardous vegetative matter
17 derived from waste, including separated
18 yard waste, landscape right-of-way trim19
mings, construction and demolition debris
20 or food waste (but not recyclable waste
21 paper, painted, treated or pressurized
22 wood, or wood contaminated with plastic or
23 metals).
24 ‘‘(iv) Animal waste or animal byprod25
ucts, including products of animal waste
26 digesters.
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1 ‘‘(v) Algae.
2 ‘‘(vi) Trees, brush, slash, residues, or
3 any other vegetative matter removed from
4 within 600 feet of any building, camp5
ground, or route designated for evacuation
6 by a public official with responsibility for
7 emergency preparedness, or from within
8 300 feet of a paved road, electric trans9
mission line, utility tower, or water supply
10 line.
11 ‘‘(vii) Residues from or byproducts of
12 milled logs.
13 ‘‘(viii) Any of the following removed
14 from forested land that is not Federal and
15 is not high conservation priority land:
16 ‘‘(I) Trees, brush, slash, residues,
17 interplanted energy crops, or any
18 other vegetative matter removed from
19 an actively managed tree plantation
20 established—
21 ‘‘(aa) prior to January 1,
22 2009; or
23 ‘‘(bb) on land that, as of
24 January 1, 2009, was cultivated
25 or fallow and non-forested.
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1 ‘‘(II) Trees, logging residue,
2 thinnings, cull trees, pulpwood, and
3 brush removed from naturally-regen4
erated forests or other non-plantation
5 forests, including for the purposes of
6 hazardous fuel reduction or preventa7
tive treatment for reducing or con8
taining insect or disease infestation.
9 ‘‘(III) Logging residue,
10 thinnings, cull trees, pulpwood, brush
11 and species that are non-native and
12 noxious, from stands that were plant13
ed and managed after January 1,
14 2009, to restore or maintain native
15 forest types.
16 ‘‘(IV) Dead or severely damaged
17 trees removed within 5 years of fire,
18 blowdown, or other natural disaster,
19 and badly infested trees.
20 ‘‘(ix) Materials, pre-commercial
21 thinnings, or removed invasive species from
22 National Forest System land and public
23 lands (as defined in section 103 of the
24 Federal Land Policy and Management Act
25 of 1976 (43 U.S.C. 1702)), including those
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H.L.C.
1 that are byproducts of preventive treat2
ments (such as trees, wood, brush,
3 thinnings, chips, and slash), that are re4
moved as part of a federally recognized
5 timber sale, or that are removed to reduce
6 hazardous fuels, to reduce or contain dis7
ease or insect infestation, or to restore eco8
system health, and that are—
9 ‘‘(I) not from components of the
10 National Wilderness Preservation Sys11
tem, Wilderness Study Areas, Inven12
toried Roadless Areas, old growth or
13 mature forest stands, components of
14 the National Landscape Conservation
15 System, National Monuments, Na16
tional Conservation Areas, Designated
17 Primitive Areas, or Wild and Scenic
18 Rivers corridors;
19 ‘‘(II) harvested in environ20
mentally sustainable quantities, as de21
termined by the appropriate Federal
22 land manager; and
23 ‘‘(III) harvested in accordance
24 with Federal and State law and appli25
cable land management plans.’’.
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1 (b) DEFINITION OF HIGH CONSERVATION PRIORITY
2 LAND.—Section 211(o)(1) of the Clean Air Act (42
3 U.S.C. 7545(o)) is amended by inserting the following at
4 the end thereof:
5 ‘‘(M) HIGH CONSERVATION PRIORITY
6 LAND.—The term ‘high conservation priority
7 land’ means land that is not Federal land and
8 is—
9 ‘‘(i) globally or State ranked as criti10
cally imperiled or imperiled under a State
11 Natural Heritage Program; or
12 ‘‘(ii) old-growth or late-successional
13 forest, as identified by the office of the
14 State Forester or relevant State agency
15 with regulatory jurisdiction over forestry
16 activities.’’.
17 SEC. 127. OPEN FUEL STANDARD.
18 (a) FINDINGS.—The Congress finds that—
19 (1) the status of oil as a strategic commodity,
20 which derives from its domination of the transpor21
tation sector, presents a clear and present danger to
22 the United States;
23 (2) in a prior era, when salt was a strategic
24 commodity, salt mines conferred national power and
25 wars were fought over the control of such mines;
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1 (3) technology, in the form of electricity and re2
frigeration, decisively ended salt’s monopoly of meat
3 preservation and greatly reduced its strategic impor4
tance;
5 (4) fuel competition and consumer choice would
6 similarly serve to end oil’s monopoly in the transpor7
tation sector and strip oil of its strategic status;
8 (5) the current closed fuel market has allowed
9 a cartel of petroleum exporting countries to inflate
10 fuel prices, effectively imposing a harmful tax on the
11 economy of the United States;
12 (6) much of the inflated petroleum revenues the
13 oil cartel earns at the expense of the people of the
14 United States are used for purposes antithetical to
15 the interests of the United States and its allies;
16 (7) alcohol fuels, including ethanol and meth17
anol, could potentially provide significant supplies of
18 additional fuels that could be produced in the United
19 States and in many other countries in the Western
20 Hemisphere that are friendly to the United States;
21 (8) alcohol fuels can only play a major role in
22 securing the energy independence of the United
23 States if a substantial portion of vehicles in the
24 United States are capable of operating on such fuels;
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1 (9) it is not in the best interest of United
2 States consumers or the United States Government
3 to be constrained to depend solely upon petroleum
4 resources for vehicle fuels if alcohol fuels are poten5
tially available;
6 (10) existing technology, in the form of flexible
7 fuel vehicles, allows internal combustion engine cars
8 and trucks to be produced at little or no additional
9 cost, which are capable of operating on conventional
10 gasoline, alcohol fuels, or any combination of such
11 fuels, as availability or cost advantage dictates, pro12
viding a platform on which fuels can compete;
13 (11) the necessary distribution system for such
14 alcohol fuels will not be developed in the United
15 States until a substantial fraction of the vehicles in
16 the United States are capable of operating on such
17 fuels;
18 (12) the establishment of such a vehicle fleet
19 and distribution system would provide a large mar20
ket that would mobilize private resources to substan21
tially advance the technology and expand the pro22
duction of alcohol fuels in the United States and
23 abroad;
24 (13) the United States has an urgent national
25 security interest to develop alcohol fuels technology,
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1 production, and distribution systems as rapidly as
2 possible;
3 (14) new cars sold in the United States that
4 are equipped with an internal combustion engine
5 should allow for fuel competition by being flexible
6 fuel vehicles, and new diesel cars should be capable
7 of operating on biodiesel; and
8 (15) such an open fuel standard would help to
9 protect the United States economy from high and
10 volatile oil prices and from the threats caused by
11 global instability, terrorism, and natural disaster.
12 (b) OPEN FUEL STANDARD FOR TRANSPOR13
TATION.—(1) Chapter 329 of title 49, United States Code,
14 is amended by adding at the end the following:
15 ‘‘§ 32920. Open fuel standard for transportation
16 ‘‘(a) DEFINITIONS.—In this section:
17 ‘‘(1) E85.—The term ‘E85’ means a fuel mix18
ture containing 85 percent ethanol and 15 percent
19 gasoline by volume.
20 ‘‘(2) FLEXIBLE FUEL AUTOMOBILE.—The term
21 ‘flexible fuel automobile’ means an automobile that
22 has been warranted by its manufacturer to operate
23 on gasoline, E85, and M85.
24 ‘‘(3) FUEL CHOICE-ENABLING AUTOMOBILE.—
25 The term ‘fuel choice-enabling automobile’ means—
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1 ‘‘(A) a flexible fuel automobile; or
2 ‘‘(B) an automobile that has been war3
ranted by its manufacturer to operate on bio4
diesel.
5 ‘‘(4) LIGHT-DUTY AUTOMOBILE.—The term
6 ‘light-duty automobile’ means—
7 ‘‘(A) a passenger automobile; or
8 ‘‘(B) a non-passenger automobile.
9 ‘‘(5) LIGHT-DUTY AUTOMOBILE MANUFAC10
TURER’S ANNUAL COVERED INVENTORY.—The term
11 ‘light-duty automobile manufacturer’s annual cov12
ered inventory’ means the number of light-duty
13 automobiles powered by an internal combustion en14
gine that a manufacturer, during a given calendar
15 year, manufactures in the United States or imports
16 from outside of the United States for sale in the
17 United States.
18 ‘‘(6) M85.—The term ‘M85’ means a fuel mix19
ture containing 85 percent methanol and 15 percent
20 gasoline by volume.
21 ‘‘(b) OPEN FUEL STANDARD FOR TRANSPOR22
TATION.—
23 ‘‘(1) IN GENERAL.—The Secretary may promul24
gate regulations to require each light-duty auto25
mobile manufacturer’s annual covered inventory to
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1 be comprised of a minimum percentage of fuel-choice
2 enabling automobiles, with sufficient lead time, if
3 the Secretary, in coordination with the Secretary of
4 Energy and the Administrator of the Environmental
5 Protection Agency, determines such requirement is a
6 cost-effective way to achieve the Nation’s energy
7 independence and environmental objectives. The
8 cost-effective determination shall consider the future
9 availability of both alternative fuel supply and infra10
structure to deliver the alternative fuel to the fuel11
choice enabling vehicles.
12 ‘‘(2) TEMPORARY EXEMPTION FROM REQUIRE13
MENTS.—
14 ‘‘(A) APPLICATION.—A manufacturer may
15 request an exemption from the requirement de16
scribed in paragraph (1) by submitting an ap17
plication to the Secretary, at such time, in such
18 manner, and containing such information as the
19 Secretary may require by regulation. Each such
20 application shall specify the models, lines, and
21 types of automobiles affected.
22 ‘‘(B) EVALUATION.—After evaluating an
23 application received from a manufacturer, the
24 Secretary may at any time, under such terms
25 and conditions, and to such extent as the Sec-
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1 retary considers appropriate, temporarily ex2
empt, or renew the exemption of, a light-duty
3 automobile from the requirement described in
4 paragraph (1) if the Secretary determines that
5 unavoidable events not under the control of the
6 manufacturer prevent the manufacturer of such
7 automobile from meeting its required produc8
tion volume of fuel choice-enabling automobiles,
9 including—
10 ‘‘(i) a disruption in the supply of any
11 component required for compliance with
12 the regulations;
13 ‘‘(ii) a disruption in the use and in14
stallation by the manufacturer of such
15 component; or
16 ‘‘(iii) application to plug-in electric
17 drive vehicles causing such vehicles to fail
18 to meet State air quality requirements.
19 ‘‘(C) CONSOLIDATION.—The Secretary
20 may consolidate applications received from mul21
tiple manufacturers under subparagraph (A) if
22 they are of a similar nature.
23 ‘‘(D) CONDITIONS.—Any exemption grant24
ed under subparagraph (B) shall be conditioned
25 upon the manufacturer’s commitment to recall
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1 the exempted automobiles for installation of the
2 omitted components within a reasonable time
3 proposed by the manufacturer and approved by
4 the Secretary after such components become
5 available in sufficient quantities to satisfy both
6 anticipated production and recall volume re7
quirements.
8 ‘‘(E) NOTICE.—The Secretary shall pub9
lish in the Federal Register—
10 ‘‘(i) notice of each application received
11 from a manufacturer;
12 ‘‘(ii) notice of each decision to grant
13 or deny a temporary exemption; and
14 ‘‘(iii) the reasons for granting or de15
nying such exemptions.’’.
16 (2) The table of contents in chapter 329 of such title
17 is amended adding at the end the following:
‘‘32920. Open fuel standard for transportation.’’.
18 SEC. 128. DIESEL EMISSIONS REDUCTION.
19 Subtitle G of title VII of the Energy Policy Act of
20 2005 (42 U.S.C. 16131 et seq.) is amended—
21 (1) in the matter preceding clause (i) in section
22 791(3)(B), by inserting ‘‘in any State’’ after ‘‘non23
profit organization or institution’’;
24 (2) in section 791(9), by striking ‘‘The term
25 ‘State’ includes the District of Columbia.’’ and in-
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1 serting ‘‘The term ‘State’ includes the District of
2 Columbia, American Samoa, Guam, the Common3
wealth of the Northern Mariana Islands, Puerto
4 Rico, and the Virgin Islands.’’; and
5 (3) in section 793(c)—
6 (A) in paragraph (2)(A), by striking ‘‘51
7 States’’ and inserting ‘‘56 States’’;
8 (B) in paragraph (2)(A), by striking ‘‘1.96
9 percent’’ and inserting ‘‘1.785 percent’’;
10 (C) in paragraph (2)(B), by striking ‘‘51
11 States’’ and inserting ‘‘56 States’’; and
12 (D) in paragraph (2)(B), by amending
13 clause (ii) to read as follows:
14 ‘‘(ii) the amount of funds remaining
15 after each State described in paragraph (1)
16 receives the 1.785-percent allocation under
17 this paragraph.’’.
18 SEC. 129. LOAN GUARANTEES FOR PROJECTS TO CON19
STRUCT RENEWABLE FUEL PIPELINES.
20 (a) DEFINITIONS.—Section 1701 of the Energy Pol21
icy Act of 2005 (42 U.S.C. 16511) is amended by adding
22 at the end the following:
23 ‘‘(6) RENEWABLE FUEL.—The term ‘renewable
24 fuel’ has the meaning given the term in section
25 211(o)(1) of the Clean Air Act (42 U.S.C.
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1 7545(o)(1)), except that the term shall include all
2 ethanol and biodiesel.
3 ‘‘(7) RENEWABLE FUEL PIPELINE.—The term
4 ‘renewable fuel pipeline’ means a common carrier
5 pipeline for transporting renewable fuel.’’.
6 (b) RENEWABLE FUEL PIPELINE ELIGIBILITY.—
7 Section 1703(b) the Energy Policy Act of 2005 (42 U.S.C.
8 16513) is amended by adding at the end the following:
9 ‘‘(11) Renewable fuel pipelines.’’.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

luckee1

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Re: TEXT of HR2454 Posted in Sections
« Reply #7 on: June 27, 2009, 03:01:05 pm »
I appreciate the posts, it is alot easier to read here than on the white background.  This is very sweet of you!

Offline Satyagraha

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Re: TEXT of HR2454 Posted in Sections
« Reply #8 on: June 27, 2009, 03:01:33 pm »
===================================================
TITLE I - Clean Energy
===================================================
Subtitle D: State Energy and Environment Development Accounts
===================================================

10 Subtitle D—State Energy and Envi11
ronment Development Accounts
12 SEC. 131. ESTABLISHMENT OF SEED ACCOUNTS.
13 (a) DEFINITIONS.—In this section:
14 (1) SEED ACCOUNT.—The term ‘‘SEED Ac15
count’’ means a State Energy and Environment De16
velopment Account established pursuant to this sec17
tion.
18 (2) STATE ENERGY OFFICE.—The term ‘‘State
19 Energy Office’’ means a State entity eligible for
20 grants under part D of title III of the Energy Policy
21 and Conservation Act (42 U.S.C. 6321 et seq.).
22 (b) ESTABLISHMENT OF PROGRAM.—The Adminis23
trator shall establish a program under which a State,
24 through its State Energy Office or other State agency des-
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H.L.C.
1 ignated by the State, may operate a State Energy and En2
vironment Development Account.
3 (c) PURPOSE.—The purpose of each SEED Account
4 is to serve as a common State-level repository for man5
aging and accounting for emission allowances provided to
6 States designated for renewable energy and energy effi7
ciency purposes.
8 (d) REGULATIONS.—Not later than one year after the
9 date of enactment of this Act, the Administrator shall pro10
mulgate regulations to carry out this section, including
11 regulations—
12 (1) to ensure that each State operates its
13 SEED Account and any subaccounts thereof effi14
ciently and in accordance with this Act and applica15
ble State and Federal laws;
16 (2) to prevent waste, fraud, and abuse;
17 (3) to indicate the emission allowances that
18 may be deposited in a State’s SEED Account pend19
ing distribution or use;
20 (4) to indicate the programs and objectives au21
thorized by Federal law for which emission allow22
ances in a SEED Account may be distributed or
23 used;
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H.L.C.
1 (5) to identify the forms of financial assistance
2 and incentives that States may provide through dis3
tribution or use of SEED Accounts; and
4 (6) to prescribe the form and content of reports
5 that the States are required to submit under this
6 section on the use of SEED Accounts.
7 (e) OPERATION.—
8 (1) DEPOSITS.—
9 (A) IN GENERAL.—In the allowance track10
ing system established pursuant to section
11 724(d) of the Clean Air Act, the Administrator
12 shall establish a SEED Account for each State
13 and place in it the allowances allocated pursu14
ant to section 782(g) of the Clean Air Act to
15 be distributed to States pursuant to sections
16 132 and 201 of this Act.
17 (B) FINANCIAL ACCOUNT.—A State may
18 create a financial account associated with its
19 SEED Account to deposit, retain, and manage
20 any proceeds of any sale of any allowance pro21
vided pursuant to this Act pending expenditure
22 or disbursement of those proceeds for purposes
23 permitted under this section. The funds in such
24 an account shall not be commingled with other
25 funds not derived from the sale of allowances
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H.L.C.
1 provided to the State; however, loans made by
2 the State from such funds pursuant to para3
graph (2)(C)(i) may be repaid into such a fi4
nancial account, including any interest charged.
5 (2) WITHDRAWALS.—
6 (A) IN GENERAL.—All allowances distrib7
uted pursuant to sections 132 and 201, includ8
ing the proceeds of any sale of such allowances,
9 shall support renewable energy and energy effi10
ciency programs authorized or approved by the
11 Federal Government.
12 (B) DEDICATED ALLOWANCES.—Allow13
ances distributed pursuant to sections 132 and
14 201 that are required by law to be used for spe15
cific purposes for a specified period shall be
16 used according to those requirements during
17 that period.
18 (C) UNDEDICATED ALLOWANCES.—To the
19 extent that allowances distributed pursuant to
20 sections 132 and 201 are not required by law
21 to be used for specific purposes for a specified
22 period as described in subparagraph (B), such
23 allowances or the proceeds of their sale may be
24 used for any of the following purposes:
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H.L.C.
1 (i) LOANS.—Loans of allowances, or
2 the proceeds from the sale of allowances,
3 may be provided, interest on commercial
4 loans may be subsidized at an interest rate
5 as low as zero, and other credit support
6 may be provided to support programs au7
thorized to use SEED Account allowance
8 value or any other renewable energy or en9
ergy efficiency purpose authorized or ap10
proved by the Federal Government.
11 (ii) GRANTS.—Grants of allowances or
12 the proceeds of their sale may be provided
13 to support programs authorized to use
14 SEED Account allowance value or any
15 other renewable energy or energy efficiency
16 purpose authorized or approved by the
17 Federal Government.
18 (iii) OTHER FORMS OF SUPPORT.—Al19
lowances or the proceeds of the sale of al20
lowances may be provided for other forms
21 of support for programs authorized to use
22 SEED Account allowance value or any
23 other renewable energy or energy efficiency
24 purpose authorized or approved by the
25 Federal Government.
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H.L.C.
1 (iv) ADMINISTRATIVE COSTS.—Except
2 to the extent provided in Federal law au3
thorizing or allocating allowances deposited
4 in a SEED Account, not more than 5 per5
cent of the allowance value in a SEED Ac6
count in any year may be used to cover ad7
ministrative expenses of the SEED Ac8
count.
9 (D) SUBACCOUNTS.—A State may request
10 that the Administrator establish accounts for
11 local governments that request such sub12
accounts to hold allowances distributed to local
13 governments for renewable energy or energy ef14
ficiency programs authorized or approved by
15 the Federal Government.
16 (E) INTENDED USE PLANS.—
17 (i) IN GENERAL.—After providing for
18 public review and comment, each State ad19
ministering a SEED Account shall annu20
ally prepare a plan that identifies the in21
tended uses of the allowances or proceeds
22 from the sale of allowances in its SEED
23 Account.
24 (ii) CONTENTS.—An intended use
25 plan shall include—
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1 (I) a list of the projects or pro2
grams for which withdrawals from the
3 SEED Account are intended in the
4 next fiscal year that begins after the
5 date of the plan, including a descrip6
tion of each project;
7 (II) the relationship of each of
8 the projects or programs to an identi9
fied Federal purpose authorized by
10 this Act, or any other Federal statute;
11 (III) the expected terms of use of
12 allowance value to provide assistance;
13 (IV) the criteria and methods es14
tablished for the distribution of allow15
ances or allowance value;
16 (V) a description of the equiva17
lent financial value and status of the
18 SEED Account; and
19 (VI) a statement of the mid-term
20 and long-term goals of the State for
21 use of its SEED Account.
22 (3) ACCOUNTABILITY AND TRANSPARENCY.—
23 (A) CONTROLS AND PROCEDURES.—Any
24 State that has a SEED Account shall establish
25 fiscal controls and recordkeeping and account-
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H.L.C.
1 ing procedures for the SEED Account sufficient
2 to ensure proper accounting during appropriate
3 accounting periods for distributions into the
4 SEED Account, transfers from the SEED Ac5
count, and SEED Account balances, including
6 any related financial accounts. Such controls
7 and procedures shall conform to generally ac8
cepted government accounting principles. Any
9 State that has a SEED Account shall retain
10 records for a period of at least 5 years.
11 (B) AUDITS.—Any State that has a SEED
12 Account shall have an annual audit conducted
13 of the SEED Account by an independent public
14 accountant in accordance with generally accept15
ed auditing standards, and shall transmit the
16 results of that audit to the Administrator.
17 (C) STATE REPORT.—Each State admin18
istering a SEED Account shall make publicly
19 available and submit to the Administrator a re20
port every 2 years on its activities related to its
21 SEED Account.
22 (D) PUBLIC INFORMATION.—Any—
23 (i) controls and procedures established
24 under subparagraph (A); and
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H.L.C.
1 (ii) information obtained through au2
dits conducted under subparagraph (B),
3 except to the extent that it would be pro4
tected from disclosure, if it were informa5
tion held by the Federal Government,
6 under section 552(b) of title 5, United
7 States Code,
8 shall be made publicly available.
9 (E) OTHER PROTECTIONS.—The Adminis10
trator shall require such additional procedures
11 and protections as are necessary to ensure that
12 any State that has a SEED Account will oper13
ate the SEED Account in an accountable and
14 transparent manner.
15 (f) REQUIREMENTS FOR ELIGIBILITY.—A State’s eli16
gibility to receive allowances in its SEED Account shall
17 depend on that State’s compliance with the requirements
18 of this Act (and the amendments made by this Act).
19 (g) AUTHORIZATION OF APPROPRIATIONS.—There
20 are authorized to be appropriated to the Administrator
21 such sums as may be necessary for SEED Account oper22
ations.
23 SEC. 132. SUPPORT OF STATE RENEWABLE ENERGY AND
24 ENERGY EFFICIENCY PROGRAMS.
25 (a) DEFINITIONS.—For purposes of this section:
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H.L.C.
1 (1) ALLOWANCE.—The term ‘‘allowance’’
2 means an emission allowance established under sec3
tion 721 of the Clean Air Act (as added by section
4 311 of this Act).
5 (2) COST-EFFECTIVE.—The term ‘‘cost-effec6
tive’’, with respect to an energy efficiency program,
7 means that the program meets the Total Resource
8 Cost Test, which requires that the net present value
9 of economic benefits over the life of the program or
10 measure, including avoided supply and delivery costs
11 and deferred or avoided investments, is greater than
12 the net present value of the economic costs over the
13 life of the program, including program costs and in14
cremental costs borne by the energy consumer.
15 (3) RENEWABLE ENERGY RESOURCE.—The
16 term ‘‘renewable energy resource’’ shall have the
17 meaning given that term in section 610 of the Public
18 Utility Regulatory Policies Act of 1978 (as added by
19 section 101 of this Act).
20 (4) VINTAGE YEAR.—The term ‘‘vintage year’’
21 shall the meaning given that term in section 700 of
22 the Clean Air Act (as added by section 311 of this
23 Act).
24 (b) DISTRIBUTION AMONG STATES.—Not later than
25 September 30 of each calendar year from 2011 through
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H.L.C.
1 2049, the Administrator shall, in accordance with this sec2
tion, distribute allowances allocated pursuant to section
3 782(g)(1) of the Clean Air Act (as added by section 311
4 of this Act) for the following vintage year. The Adminis5
trator shall distribute 0.5 percent of such allowances pur6
suant to section 133 of this Act. The Administrator shall
7 distribute the remaining allowances to States for renew8
able energy and energy efficiency programs to be deposited
9 in and administered through the State Energy and Envi10
ronment Development (SEED) Accounts established pur11
suant to section 131. The Administrator shall distribute
12 allowances among the States under this section each year
13 in accordance with the following formula:
14 (1) One third of the allowances shall be divided
15 equally among the States.
16 (2) One third of the allowances shall be distrib17
uted ratably among the States based on the popu18
lation of each State, as contained in the most recent
19 reliable census data available from the Bureau of the
20 Census, Department of Commerce, for all States at
21 the time the Administrator calculates the formula
22 for distribution.
23 (3) One third of the allowances for shall be dis24
tributed ratably among the States on the basis of
25 the energy consumption of each State as contained
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H.L.C.
1 in the most recent State Energy Data Report avail2
able from the Energy Information Administration
3 (or such alternative reliable source as the Adminis4
trator may designate).
5 (c) USES.—The allowances distributed to each State
6 pursuant to this section shall be used exclusively in accord7
ance with the following requirements:
8 (1) Not less than 12.5 percent shall be distrib9
uted by the State to units of local government within
10 such State to be used exclusively to support the en11
ergy efficiency and renewable energy purposes listed
12 in paragraphs (2) and (3).
13 (2) Not less than 20 percent shall be used ex14
clusively for the following energy efficiency purposes,
15 provided that not less than 1 percent shall be used
16 for the purpose described in subparagraph (D) and
17 not less than 5 percent shall be used for the purpose
18 described in subparagraph (E):
19 (A) Implementation and enforcement of
20 building codes adopted in compliance with sec21
tion 201.
22 (B) Implementation of the energy efficient
23 manufactured homes program established pur24
suant to section 203.
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H.L.C.
1 (C) Implementation of the building energy
2 performance labeling program established pur3
suant to section 204.
4 (D) Low-income community energy effi5
ciency programs that are consistent with the
6 grant program established under section 264 of
7 this Act.
8 (E) Implementation of the Retrofit for En9
ergy and Environmental Performance (REEP)
10 program established pursuant to section 202.
11 (3) Not less than 20 percent shall be used ex12
clusively for capital grants, tax credits, production
13 incentives, loans, loan guarantees, forgivable loans,
14 and interest rate buy-downs for—
15 (A) re-equipping, expanding, or estab16
lishing a manufacturing facility that receives
17 certification from the Secretary of Energy pur18
suant to section 1302 of the American Recovery
19 and Reinvestment Act of 2009 for the produc20
tion of—
21 (i) property designed to be used to
22 produce energy from renewable energy
23 sources; and
24 (ii) electricity storage systems;
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H.L.C.
1 (B) deployment of technologies to generate
2 electricity from renewable energy sources; and
3 (C) deployment of facilities or equipment,
4 such as solar panels, to generate electricity or
5 thermal energy from renewable energy re6
sources in and on buildings in an urban envi7
ronment.
8 (4) The remaining 47.5 percent shall be used
9 exclusively for any of the following purposes:
10 (A) Energy efficiency purposes described
11 in paragraph (2).
12 (B) Renewable energy purposes described
13 in paragraph (3)(B) and (C).
14 (C) Cost-effective energy efficiency pro15
grams for end-use consumers of electricity, nat16
ural gas, home heating oil, or propane, includ17
ing, where appropriate, programs or mecha18
nisms administered by local governments and
19 entities other than the State.
20 (D) Enabling the development of a Smart
21 Grid (as described in section 1301 of the En22
ergy Independence and Security Act of 2007
23 (42 U.S.C. 17381)) for State, local government,
24 and other public buildings and facilities, includ25
ing integration of renewable energy resources
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H.L.C.
1 and distributed generation, demand response,
2 demand side management, and systems anal3
ysis.
4 (E) Providing the non-Federal share of
5 support for surface transportation capital
6 projects under—
7 (i) sections 5307, 5308, 5309, 5310,
8 5311 and 5319 of title 49, United States
9 Code; and
10 (ii) sections 142, 146, and 149 of title
11 23, United States Code,
12 provided that not more than 10 percent of al13
lowances distributed to each State pursuant to
14 this section shall be used for such purpose.
15 (5) For any allowances used for the purpose de16
scribed in paragraph (4)(C), the State shall—
17 (A) prioritize expansion of existing energy
18 efficiency programs approved and overseen by
19 the State or the appropriate State regulatory
20 authority; and
21 (B) demonstrate that such allowances have
22 been used to supplement, and not to supplant,
23 existing and otherwise available State, local,
24 and ratepayer funding for such purpose.
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H.L.C.
1 (d) REPORTING.—Each State receiving allowances
2 under this section shall include in its biennial reports re3
quired under section 131, in accordance with such require4
ments as the Administrator may prescribe
5 (1) a list of entities receiving allowances or al6
lowance value under this section, including entities
7 receiving such allowances or allowance value from
8 units of local government pursuant to subsection
9 (c)(1);
10 (2) the amount and nature of allowances or al11
lowance value received by each such recipient;
12 (3) the specific purposes for which such allow13
ances or allowance value was conveyed to each such
14 recipient;
15 (4) documentation of the amount of energy sav16
ings, emission reductions, renewable energy deploy17
ment, and new or retooled manufacturing capacity
18 resulting from the use of such allowances or allow19
ance value; and
20 (5) for any energy efficiency program supported
21 under subsection (c)(4)(C)—
22 (A) an assessment demonstrating the cost23
effectiveness of such program; and
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H.L.C.
1 (B) a demonstration that the requirements
2 set forth in subsection (c)(5) have been satis3
fied.
4 (e) ENFORCEMENT.—If the Administrator deter5
mines that a State is not in compliance with this section,
6 the Administrator may withhold up to twice the number
7 of allowances that the State failed to use in accordance
8 with the requirements of this section, that such State
9 would otherwise be eligible to receive under this section
10 in later years. Allowances withheld pursuant to this sub11
section shall be distributed among the remaining States
12 in accordance with the requirements of subsection (b).
13 SEC. 133. SUPPORT OF INDIAN RENEWABLE ENERGY AND
14 ENERGY EFFICIENCY PROGRAMS.
15 (a) DEFINITIONS.—For purposes of this section:
16 (1) ALLOWANCE; COST-EFFECTIVE; RENEW17
ABLE ENERGY RESOURCE.—The terms ‘‘allowance’’,
18 ‘‘cost-effective’’, and ‘‘renewable energy resource’’
19 have the meaning given those terms in section 132
20 of this Act.
21 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’
22 has the meaning given the term in section 4 of the
23 Indian Self-Determination and Education Assistance
24 Act (25. U.S.C. 450b).
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H.L.C.
1 (3) SECRETARY.—The term ‘‘Secretary’’ means
2 the Secretary of Energy.
3 (b) ESTABLISHMENT.—Not later than 18 months
4 after the date of enactment of this Act, the Secretary
5 shall, in consultation with the Administrator and the Sec6
retary of the Interior, promulgate regulations establishing
7 a program to distribute allowances to Indian tribes on a
8 competitive basis for the following purposes:
9 (1) ENERGY EFFICIENCY.—Cost-effective en10
ergy efficiency programs for end-use consumers of
11 electricity, natural gas, home heating oil, or propane.
12 (2) RENEWABLE ENERGY.—Deployment of
13 technologies to generate electricity from renewable
14 energy resources.
15 (c) REQUIREMENTS.—The regulations promulgated
16 pursuant to subsection (b) shall prescribe design elements
17 and requirements of the program established under this
18 section, including—
19 (1) objective criteria for evaluating proposals
20 submitted by Indian tribes, and for selecting projects
21 and programs to receive support, under this section;
22 (2) reporting requirements for Indian tribes
23 that receive allowances under this section; and
24 (3) other appropriate elements and require25
ments.
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H.L.C.
1 (d) DISTRIBUTION.—The Administrator shall, at the
2 direction of the Secretary, distribute to Indian tribes al3
lowances that are set aside, pursuant to section 132, for
4 use under this section.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

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Re: TEXT of HR2454 Posted in Sections
« Reply #9 on: June 27, 2009, 03:02:22 pm »
I appreciate the posts, it is alot easier to read here than on the white background.  This is very sweet of you!

Thanks - this will take a while - I'm trying to divide so it makes sense (I know.. none of this makes sense ;)
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
Re: TEXT of HR2454 Posted in Sections
« Reply #10 on: June 27, 2009, 03:03:34 pm »
===================================================
TITLE I - Clean Energy
===================================================
Subtitle E: Smart Grid Advancements
===================================================
5 Subtitle E—Smart Grid
6 Advancement
7 SEC. 141. DEFINITIONS.
8 For purposes of this subtitle:
9 (1) The term ‘‘applicable baseline’’ means the
10 average of the highest three annual peak demands a
11 load-serving entity has experienced during the 5
12 years immediately prior to the date of enactment of
13 this Act.
14 (2) The term ‘‘Commission’’ means Federal En15
ergy Regulatory Commission.
16 (3) The term ‘‘load-serving entity’’ means an
17 entity that provides electricity directly to retail con18
sumers with the responsibility to assure power qual19
ity and reliability, including such entities that are
20 investor-owned, publicly owned, owned by rural elec21
tric cooperatives, or other entities.
22 (4) The term ‘‘peak demand’’ means the high23
est point of electricity demand, net of any distrib24
uted electricity generation or storage from sources
25 on the load-serving entity’s customers’ premises,
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148
H.L.C.
1 during any hour on the system of a load serving en2
tity during a calendar year, expressed in Megawatts
3 (MW), or more than one such high point as a func4
tion of seasonal demand changes.
5 (5) The term ‘‘peak demand reduction’’ means
6 the reduction in annual peak demand as compared
7 to a previous baseline year or period, expressed in
8 Megawatts (MW), whether accomplished by—
9 (A) diminishing the end-use requirements
10 for electricity;
11 (B) use of locally stored energy or gen12
erated electricity to meet those requirements
13 from distributed resources on the load-serving
14 entity’s customers’ premises and without use of
15 high-voltage transmission; or
16 (C) energy savings from efficient operation
17 of the distribution grid resulting from the use
18 of a Smart Grid.
19 (6) The term ‘‘peak demand reduction plan’’
20 means a plan developed by or for a load-serving enti21
ty that it will implement to meet its peak demand
22 reduction goals.
23 (7) The term ‘‘peak period’’ means the time pe24
riod on the system of a load-serving entity relative
25 to peak demand that may warrant special measures
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1 or electricity resources to maintain system reliability
2 while meeting peak demand.
3 (8) The term ‘‘Secretary’’ means the Secretary
4 of Energy.
5 (9) The term ‘‘Smart Grid’’ has the meaning
6 provided by section 1301 of the Energy Independ7
ence and Security Act of 2007 (15 U.S.C. 17381).
8 SEC. 142. ASSESSMENT OF SMART GRID COST EFFECTIVE9
NESS IN PRODUCTS.
10 (a) ASSESSMENT.—Within one year after the date of
11 enactment of this Act, the Secretary and the Adminis12
trator shall each assess the potential for cost-effective in13
tegration of Smart Grid technologies and capabilities in
14 all products that are reviewed by the Department of En15
ergy and the Environmental Protection Agency, respec16
tively, for potential designation as Energy Star products.
17 (b) ANALYSIS.—(1) Within 2 years after the date of
18 enactment of this Act, the Secretary and the Adminis19
trator shall each prepare an analysis of the potential en20
ergy savings, greenhouse gas emission reductions, and
21 electricity cost savings that could accrue for each of the
22 products identified by the assessment in subsection (a) in
23 the following optimal circumstances:
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1 (A) The products possessed Smart Grid capa2
bility and interoperability that is tested and proven
3 reliable.
4 (B) The products were utilized in an electricity
5 utility service area which had Smart Grid capability
6 and offered customers rate or program incentives to
7 use the products.
8 (C) The utility’s rates reflected national average
9 costs, including average peak and valley seasonal
10 and daily electricity costs.
11 (D) Consumers using such products took full
12 advantage of such capability.
13 (E) The utility avoided incremental investments
14 and rate increases related to such savings.
15 (2) The analysis under paragraph (1) shall be consid16
ered the ‘‘best case’’ Smart Grid analysis. On the basis
17 of such an analysis for each product, the Secretary and
18 the Administrator shall determine whether the installation
19 of Smart Grid capability for such a product would be cost
20 effective. For purposes of this paragraph, the term ‘‘cost
21 effective’’ means that the cumulative savings from using
22 the product under the best case Smart Grid circumstances
23 for a period of one-half of the product’s expected useful
24 life will be greater than the incremental cost of the Smart
25 Grid features included in the product.
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1 (3) To the extent that including Smart Grid capa2
bility in any products analyzed under paragraph (2) is
3 found to be cost effective in the best case, the Secretary
4 and the Administrator shall, not later than 3 years after
5 the date of enactment of this Act take each of the fol6
lowing actions:
7 (A) Inform the manufacturer of such product of
8 such finding of cost effectiveness.
9 (B) Assess the potential contributions the devel10
opment and use of products with Smart Grid tech11
nologies bring to reducing peak demand and pro12
moting grid stability.
13 (C) Assess the potential national energy savings
14 and electricity cost savings that could be realized if
15 Smart Grid potential were installed in the relevant
16 products reviewed by the Energy Star program.
17 (D) Assess and identify options for providing
18 consumers information on products with Smart Grid
19 capabilities, including the necessary conditions for
20 cost-effective savings.
21 (E) Submit a report to Congress summarizing
22 the results of the assessment for each class of prod23
ucts, and presenting the potential energy and green24
house gas savings that could result if Smart Grid
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H.L.C.
1 capability were installed and utilized on such prod2
ucts.
3 SEC. 143. INCLUSIONS OF SMART GRID CAPABILITY ON AP4
PLIANCE ENERGY GUIDE LABELS.
5 Section 324(a)(2) of the Energy Policy and Conserva6
tion Act (42 U.S.C. 6294(a)(2)) is amended by adding the
7 following at the end:
8 ‘‘(J)(i) Not later than 1 year after the date
9 of enactment of this subparagraph, the Federal
10 Trade Commission shall initiate a rulemaking
11 to consider making a special note in a promi12
nent manner on any ENERGY GUIDE label
13 for any product actually including Smart Grid
14 capability that—
15 ‘‘(I) Smart Grid capability is a fea16
ture of that product;
17 ‘‘(II) the use and value of that feature
18 depended on the Smart Grid capability of
19 the utility system in which the product was
20 installed and the active utilization of that
21 feature by the customer; and
22 ‘‘(III) on a utility system with Smart
23 Grid capability, the use of the product’s
24 Smart Grid capability could reduce the
25 customer’s cost of the product’s annual op-
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H.L.C.
1 eration by an estimated dollar amount
2 range representing the result of incre3
mental energy and electricity cost savings
4 that would result from the customer taking
5 full advantage of such Smart Grid capa6
bility.
7 ‘‘(ii) Not later than 3 years after the date
8 of enactment of this subparagraph, the Com9
mission shall complete the rulemaking initiated
10 under clause (i).’’.
11 SEC. 144. SMART GRID PEAK DEMAND REDUCTION GOALS.
12 (a) GOALS.—Not later than one year after the date
13 of enactment of this section, each load-serving entity, or,
14 at the option of the State, each State with respect to load15
serving entities that the State regulates, shall determine
16 and publish peak demand reduction goals for any load17
serving entities that have an applicable baseline in excess
18 of 250 megawatts.
19 (b) BASELINES.—(1) The Commission, in consulta20
tion with the Secretary and the Administrator, shall de21
velop and publish, after an opportunity for public com22
ment, but not later than 180 days after enactment of this
23 section, a methodology to provide for adjustments or nor24
malization to a load-serving entity’s applicable baseline
25 over time to reflect changes in the number of customers
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H.L.C.
1 served, weather conditions, general economic conditions,
2 and any other appropriate factors external to peak de3
mand management, as determined by the Commission.
4 (2) The Commission shall support load-serving enti5
ties (including any load-serving entities with an applicable
6 baseline of less than 250 megawatts that volunteer to par7
ticipate in achieving the purposes of this section) in deter8
mining their applicable baselines, and in developing their
9 peak demand reduction goals.
10 (3) The Secretary, in consultation with the Commis11
sion, the Administrator, and the North American Electric
12 Reliability Corporation, shall develop a system and rules
13 for measurement and verification of demand reductions.
14 (c) PEAK DEMAND REDUCTION GOALS.—(1) Peak
15 demand reduction goals may be established for an indi16
vidual load-serving entity, or, at the determination of a
17 State, tribal, or regional entity, by that State, tribal, or
18 regional entity for a larger region that shares a common
19 system peak demand and for which peak demand reduc20
tion measures would offer regional benefit.
21 (2) A State or regional entity establishing peak de22
mand reduction goals shall cooperate, as necessary and
23 appropriate, with the Commission, the Secretary, State
24 regulatory commissions, State energy offices, the North
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H.L.C.
1 American Electric Reliability Corporation, and other rel2
evant authorities.
3 (3) In determining the applicable peak demand reduc4
tion goals—
5 (A) States and other jurisdictional entities may
6 utilize the results of the 2009 National Demand Re7
sponse Potential Assessment, as authorized by sec8
tion 571 of the National Energy Conservation Policy
9 Act (42 U.S.C. 8279); and
10 (B) the relative economics of peak demand re11
duction and generation required to meet peak de12
mand shall be evaluated in a neutral and objective
13 manner.
14 (4) The applicable peak demand reduction goals shall
15 provide that—
16 (A) load-serving entities will reduce or mitigate
17 peak demand by a minimum percentage amount
18 from the applicable baseline to a lower peak demand
19 during calendar year 2012;
20 (B) load-serving entities will reduce or mitigate
21 peak demand by a minimum percentage greater
22 amount from the applicable baseline to a lower peak
23 demand during calendar year 2015; and
24 (C) the minimum percentage reductions estab25
lished as peak demand reduction goals shall be the
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1 maximum reductions that are realistically achievable
2 with an aggressive effort to deploy Smart Grid and
3 peak demand reduction technologies and methods,
4 including but not limited to those listed in sub5
section (d).
6 (d) PLAN.—Each load-serving entity shall prepare a
7 peak demand reduction plan that demonstrates its ability
8 to meet each applicable goal by any or a combination of
9 the following options:
10 (1) Direct reduction in megawatts of peak de11
mand through—
12 (A) energy efficiency measures (including
13 efficient transmission wire technologies which
14 significantly reduce line loss compared to tradi15
tional wire technology) with reliable and contin16
ued application during peak demand periods; or
17 (B) use of a Smart Grid.
18 (2) Demonstration that an amount of
19 megawatts equal to a stated portion of the applicable
20 goal is contractually committed to be available for
21 peak reduction through one or more of the following:
22 (A) Megawatts enrolled in demand re23
sponse programs.
24 (B) Megawatts subject to the ability of a
25 load-serving entity to call on demand response
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1 programs, smart appliances, smart electricity or
2 energy storage devices, distributed generation
3 resources on the entity’s customers’ premises,
4 or other measures directly capable of actively,
5 controllably, reliably, and dynamically reducing
6 peak demand (‘‘dynamic peak management con7
trol’’).
8 (C) Megawatts available from distributed
9 dynamic electricity or energy storage under
10 agreement with the owner of that storage.
11 (D) Megawatts committed from
12 dispatchable distributed generation dem13
onstrated to be reliable under peak period con14
ditions and in compliance with air quality regu15
lations.
16 (E) Megawatts available from smart appli17
ances and equipment with Smart Grid capa18
bility available for direct control by the utility
19 through agreement with the customer owning
20 the appliances or equipment or with a third
21 party pursuant to such agreements.
22 (F) Megawatts from a demonstrated and
23 assured minimum of distributed solar electric
24 generation capacity in instances where peak pe25
riod and peak demand conditions are directly
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H.L.C.
1 related to solar radiation and accompanying
2 heat.
3 (3) If any of the methods listed in subpara4
graph (C), (D), or (E) of paragraph (2) are relied
5 upon to meet its peak demand reduction goals, the
6 load-serving entity must demonstrate this capability
7 by operating a test during the applicable calendar
8 year.
9 (4) Nothing in this section shall require the
10 publication in peak demand reduction goals or in
11 any peak demand reduction plan of any information
12 that is confidential for competitive or other reasons
13 or that identifies individual customers.
14 (e) EXISTING AUTHORITY AND REQUIREMENTS.—
15 Nothing in this section diminishes or supersedes any au16
thority of a State or political subdivision of a State to
17 adopt or enforce any law or regulation respecting peak de18
mand management, demand response, distributed energy
19 storage, use of distributed generation, or the regulation
20 of load-serving entities. The Commission, in consultation
21 with States and Indian tribes having such peak manage22
ment, demand response and distributed energy storage
23 programs, shall to the maximum extent practicable, facili24
tate coordination between the Federal program and such
25 State and tribal programs.
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1 (f) RELIEF.—The Commission may, for good cause,
2 grant relief to load-serving entities from the requirements
3 of this section.
4 (g) OTHER LAWS.—Except as provided in sub5
sections (e) and (f), no law or regulation shall relieve any
6 person of any requirement otherwise applicable under this
7 section.
8 (h) COMPLIANCE.—(1) The Commission shall within
9 one year after the date of enactment of this Act establish
10 a public website where the Commission will provide infor11
mation and data demonstrating compliance by States, In12
dian tribes regional entities, and load-serving entities with
13 this section, including the success of load-serving entities
14 in meeting applicable peak demand reduction goals.
15 (2) The Commission shall, by April 1 of each year
16 beginning in 2012, provide a report to Congress on com17
pliance with this section and success in meeting applicable
18 peak demand reduction goals and, as appropriate, shall
19 make recommendations as to how to increase peak de20
mand reduction efforts.
21 (3) The Commission shall note in each such report
22 any State, political subdivision of a State, or load-serving
23 entity that has failed to comply with this section, or is
24 not a part of any region or group of load-serving entities
25 serving a region that has complied with this section.
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H.L.C.
1 (4) The Commission shall have and exercise the au2
thority to take reasonable steps to modify the process of
3 establishing peak demand reduction goals and to accept
4 adjustments to them as appropriate when sought by load5
serving entities.
6 (i) ASSISTANCE AND FUNDING.—
7 (1) ASSISTANCE TO STATES AND TRIBES.—Any
8 costs incurred by States for activities undertaken
9 pursuant to this section shall be supported by the
10 use of emission allowances allocated to the States’
11 SEED Accounts or to the tribes pursuant to section
12 132 of this Act. To the extent that a State provides
13 allowances to local governments within the State to
14 implement this program, that shall be deemed a dis15
tribution of such allowances to units of local govern16
ment pursuant to subsection (c)(1) of that section.
17 (2) FUNDING.—There are authorized to be ap18
propriated such sums as may be necessary to the
19 Commission, the Secretary, and the Administrator to
20 carry out the provisions of this section.
21 SEC. 145. REAUTHORIZATION OF ENERGY EFFICIENCY PUB22
LIC INFORMATION PROGRAM TO INCLUDE
23 SMART GRID INFORMATION.
24 (a) IN GENERAL.—Section 134 of the Energy Policy
25 Act of 2005 (42 U.S.C. 15832) is amended as follows:
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1 (1) By amending the section heading to read as
2 follows: ‘‘ENERGY EFFICIENCY AND SMART GRID
3 PUBLIC INFORMATION INITIATIVE’’.
4 (2) In paragraph (1) of subsection (a) by strik5
ing ‘‘reduce energy consumption during the 4-year
6 period beginning on the date of enactment of this
7 Act’’ and inserting ‘‘increase energy efficiency and
8 to adopt Smart Grid technology and practices’’.
9 (3) In paragraph (2) of subsection (a) by strik10
ing ‘‘benefits to consumers of reducing’’ and insert11
ing ‘‘economic and environmental benefits to con12
sumers and the United States of optimizing’’.
13 (4) In subsection (a) by inserting at the begin14
ning of paragraph (3) ‘‘the effect of energy effi15
ciency and Smart Grid capability in reducing energy
16 and electricity prices throughout the economy, to17
gether with’’.
18 (5) In subsection (a)(4) by redesignating sub19
paragraph (D) as (E), by striking ‘‘and’’ at the end
20 of subparagraph (C), and by inserting after subpara21
graph (C) the following:
22 ‘‘(D) purchasing and utilizing equipment
23 that includes Smart Grid features and capa24
bility; and’’.
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1 (6) In subsection (c), by striking ‘‘Not later
2 than July 1, 2009,’’ and inserting, ‘‘For each year
3 when appropriations pursuant to the authorization
4 in this section exceed $10,000,000,’’.
5 (7) In subsection (d) by striking ‘‘2010’’ and
6 inserting ‘‘2020’’.
7 (8) In subsection (e) by striking ‘‘2010’’ and in8
serting ‘‘2020’’.
9 (b) TABLE OF CONTENTS.—The item relating to sec10
tion 134 in the table of contents for the Energy Policy
11 Act of 2005 (42 U.S.C. 15801 and following) is amended
12 to read as follows:
‘‘Sec. 134. Energy efficiency and Smart Grid public information initiative.’’.
13 SEC. 146. INCLUSION OF SMART GRID FEATURES IN APPLI14
ANCE REBATE PROGRAM.
15 (a) AMENDMENTS.—Section 124 of the Energy Pol16
icy Act of 2005 (42 U.S.C. 15821) is amended as follows:
17 (1) By amending the section heading to read as
18 follows: ‘‘ENERGY EFFICIENT AND SMART AP19
PLIANCE REBATE PROGRAM.’’.
20 (2) By redesignating paragraphs (4) and (5) of
21 subsection (a) as paragraphs (5) and (6), respec22
tively, and inserting after paragraph (3) the fol23
lowing:
24 ‘‘(4) SMART APPLIANCE.—The term ‘smart ap25
pliance’ means a product that the Administrator of
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H.L.C.
1 the Environmental Protection Agency or the Sec2
retary of Energy has determined qualifies for such
3 a designation in the Energy Star program pursuant
4 to section 142 of the American Clean Energy and
5 Security Act of 2009, or that the Secretary or the
6 Administrator has separately determined includes
7 the relevant Smart Grid capabilities listed in section
8 1301 of the Energy Independence and Security Act
9 of 2007 (15 U.S.C. 17381).’’.
10 (3) In subsection (b)(1) by inserting ‘‘and
11 smart’’ after ‘‘efficient’’ and by inserting after
12 ‘‘products’’ the first place it appears ‘‘, including
13 products designated as being smart appliances’’.
14 (4) In subsection (b)(3), by inserting ‘‘the ad15
ministration of’’ after ‘‘carry out’’.
16 (5) In subsection (d), by inserting ‘‘the admin17
istration of’’ after ‘‘carrying out’’ and by inserting
18 ‘‘, and up to 100 percent of the value of the rebates
19 provided pursuant to this section’’ before the period
20 at the end.
21 (6) In subsection (e)(3), by inserting ‘‘, with
22 separate consideration as applicable if the product is
23 also a smart appliance,’’ after ‘‘Energy Star prod24
uct’’ the first place it appears and by inserting ‘‘or
25 smart appliance’’ before the period at the end.
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1 (7) In subsection (f), by striking
2 ‘‘$50,000,000’’ through the period at the end and
3 inserting ‘‘$100,000,000 for each fiscal year from
4 2010 through 2015.’’.
5 (b) TABLE OF CONTENTS.—The item relating to sec6
tion 124 in the table of contents for the Energy Policy
7 Act of 2005 (42 U.S.C. 15801 and following) is amended
8 to read as follows:
‘‘Sec. 124. Energy efficient and smart appliance rebate program.’’.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

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Re: TEXT of HR2454 Posted in Sections
« Reply #11 on: June 27, 2009, 03:04:56 pm »
===================================================
TITLE I - Clean Energy
===================================================
Subtitle F: Transmission Planning
===================================================

9 Subtitle F—Transmission Planning
10 SEC. 151. TRANSMISSION PLANNING.
11 Part II of the Federal Power Act (16 U.S.C. 824 et
12 seq.) is amended by adding after section 216 the following
13 new section:
14 ‘‘SEC. 216A. TRANSMISSION PLANNING.
15 ‘‘(a) FEDERAL POLICY.—
16 ‘‘(1) OBJECTIVES.—It is the policy of the
17 United States that regional electric grid planning
18 should facilitate the deployment of renewable and
19 other zero-carbon energy sources for generating elec20
tricity to reduce greenhouse gas emissions while en21
suring reliability, reducing congestion, ensuring
22 cyber-security, and providing for cost-effective elec23
tricity services throughout the United States.
24 ‘‘(2) OPTIONS.—In addition to the policy under
25 paragraph (1), it is the policy of the United States
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H.L.C.
1 that regional electric grid planning to meet these ob2
jectives should take into account all significant de3
mand-side and supply-side options, including energy
4 efficiency, distributed generation, renewable energy
5 and zero-carbon electricity generation technologies,
6 smart-grid technologies and practices, demand re7
sponse, electricity storage, voltage regulation tech8
nologies, high capacity conductors with at least 25
9 percent greater efficiency than traditional ACSR
10 (aluminum stranded conductors steel reinforced)
11 conductors, superconductor technologies, under12
ground transmission technologies, and new conven13
tional electric transmission capacity and corridors.
14 ‘‘(b) PLANNING.—
15 ‘‘(1) PLANNING PRINCIPLES.—Not later than 1
16 year after the date of enactment of this section, the
17 Commission shall adopt, after notice and oppor18
tunity for comment, national electricity grid plan19
ning principles derived from the Federal policy es20
tablished under subsection (a) to be applied in ongo21
ing and future transmission planning that may im22
plicate interstate transmission of electricity.
23 ‘‘(2) REGIONAL PLANNING ENTITIES.—Not
24 later than 3 months after the date of adoption by
25 the Commission of national electricity grid planning
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H.L.C.
1 principles pursuant to paragraph (1), entities that
2 conduct or may conduct transmission planning pur3
suant to State, tribal, or Federal law or regulation,
4 including States, Indian tribes, entities designated
5 by States and Indian tribes, Federal Power Mar6
keting Administrations, public utility transmission
7 providers, operators and owners, regional organiza8
tions, and electric utilities, and that are willing to
9 incorporate the national electricity grid planning
10 principles adopted by the Commission in their elec11
tric grid planning, shall identify themselves and the
12 regions for which they propose to develop plans to
13 the Commission.
14 ‘‘(3) COORDINATION OF REGIONAL PLANNING
15 ENTITIES.—The Commission shall encourage re16
gional planning entities described under paragraph
17 (2) to cooperate and coordinate across regions and
18 to harmonize regional electric grid planning with
19 planning in adjacent or overlapping jurisdictions to
20 the maximum extent feasible. The Commission shall
21 work with States, Indian tribes, Federal Power Mar22
keting Administrations, public utilities transmission
23 providers, load-serving entities, transmission opera24
tors, Regional Transmission Organizations, Inde25
pendent System Operators, and other organizations
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H.L.C.
1 to resolve any conflict or competition among pro2
posed planning entities in order to build consensus
3 and promote the Federal policy established under
4 subsection (a). The Commission shall seek to ensure
5 that planning that is consistent with the national
6 electricity grid planning principles adopted pursuant
7 to paragraph (1) is conducted in all regions of the
8 United States and the territories.
9 ‘‘(4) RELATION TO EXISTING PLANNING POL10
ICY.—In implementing the Federal policy established
11 under subsection (a), the Commission shall—
12 ‘‘(A) incorporate any ongoing planning ef13
forts undertaken pursuant to section 217;
14 ‘‘(B) consult with and invite the participa15
tion of the Secretary of Energy in relationship
16 to the Secretary’s duties pursuant to section
17 216; and
18 ‘‘(C) coordinate with the Secretaries of the
19 Interior and Agriculture and with Indian tribes
20 in carrying out the Secretaries’ or tribal govern21
ments’ existing responsibilities for the planning
22 or siting of transmission facilities on Federal or
23 tribal lands.
24 ‘‘(5) ASSISTANCE.—
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H.L.C.
1 ‘‘(A) IN GENERAL.—The Commission shall
2 provide support to and participate in the re3
gional grid planning processes conducted by re4
gional planning entities. The Commission may
5 provide planning resources and assistance as re6
quired or as requested by regional planning en7
tities, including system data, cost information,
8 system analysis, technical expertise, modeling
9 support, dispute resolution services, and other
10 assistance to regional planning entities, as ap11
propriate.
12 ‘‘(B) AUTHORIZATION.—There are author13
ized to be appropriated such sums as may be
14 necessary to carry out this paragraph.
15 ‘‘(6) CONFLICT RESOLUTION.—In the event
16 that regional grid plans conflict, the Commission
17 shall assist the regional planning entities in resolving
18 such conflicts in order to achieve the objectives of
19 the Federal policy established under subsection (a).
20 ‘‘(7) SUBMISSION OF PLANS.—The Commission
21 shall require regional planning entities to submit ini22
tial regional electric grid plans to the Commission
23 not later than 18 months after the date the Commis24
sion promulgates national electricity grid planning
25 principles pursuant to paragraph (1) and to update
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H.L.C.
1 such plans not less than every 3 years thereafter.
2 Regional electric grid plans should, in general, be
3 developed from sub-regional requirements and plans,
4 including planning input reflecting individual utility
5 service areas. Regional plans may then in turn be
6 combined into larger regional plans, up to inter7
connection-wide and national plans, as appropriate
8 and necessary as determined by the Commission.
9 The Commission shall review such plans for consist10
ency with the national grid planning principles and
11 may return a plan to one or more planning entities
12 for further consideration, along with the Commis13
sion’s own recommendations for resolution of any
14 conflict or for improvement. To the extent prac15
ticable, all plans submitted to the Commission shall
16 be public documents and available on the Commis17
sion’s website.
18 ‘‘(8) MULTI-REGIONAL MEETINGS.—As regional
19 grid plans are submitted to the Commission, the
20 Commission may convene multi-regional meetings to
21 discuss regional grid plan consistency and integra22
tion, including requirements for multi-regional
23 projects, and to resolve any conflicts that emerge
24 from such multi-regional projects. The Commission
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H.L.C.
1 shall provide its recommendations for eliminating
2 any inter-regional conflicts.
3 ‘‘(9) REPORT TO CONGRESS.—Not later than 3
4 years after the date of enactment of this section, the
5 Commission shall provide a report to Congress con6
taining the results of the initial regional grid plan7
ning process, including summaries of the adopted re8
gional plans. The Commission shall provide an elec9
tronic version of its report on its website with links
10 to all regional and sub-regional plans taken into ac11
count. The Commission shall note and provide its
12 recommended resolution for any conflicts not re13
solved during the planning process. The Commission
14 shall make any recommendations to Congress on the
15 appropriate Federal role or support required to ad16
dress the needs of the electric grid, including rec17
ommendations for addressing any needs that are be18
yond the reach of existing State, tribal, and Federal
19 authority.’’.
20 SEC. 152. NET METERING FOR FEDERAL AGENCIES.
21 (a) STANDARD.—Subsection (b) of section 113 of the
22 Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
23 2623) is amended by adding the following new paragraph
24 at the end thereof:
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H.L.C.
1 ‘‘(6) NET METERING FOR FEDERAL AGEN2
CIES.—Each electric utility shall offer to arrange
3 (either directly or through a third party) to make
4 interconnection and net metering available to Fed5
eral Government agencies, offices, or facilities in ac6
cordance with the requirements of section 115(j).
7 The standard under this paragraph shall apply only
8 to electric utilities that sold over 4,000,000 mega9
watt hours of electricity in the preceding year to the
10 ultimate consumers thereof. In the case of a stand11
ard under this paragraph, a period of 1 year after
12 the date of the enactment of this section shall be
13 substituted for the 2-year period referred to in other
14 provisions of this section.’’.
15 (b) SPECIAL RULES.—Section 115 of the Public Util16
ity Regulatory Policies Act of 1978 (16 U.S.C. 2625) is
17 amended by adding the following new subsection at the
18 end thereof:
19 ‘‘(j) NET METERING FOR FEDERAL AGENCIES.—(1)
20 The standard under paragraph (6) of section 113(b) shall
21 require that rates and charges and contract terms and
22 conditions for the sale of electric energy to the Federal
23 Government or agency shall be the same as the rates and
24 charges and contract terms and conditions that would be
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H.L.C.
1 applicable if the agency did not own or operate a qualified
2 generation unit and use a net metering system.
3 ‘‘(2)(A) The standard under paragraph (6) of section
4 113(b) shall require that each electric utility shall arrange
5 to provide to the Government office or agency that quali6
fies for net metering an electrical energy meter capable
7 of net metering and measuring, to the maximum extent
8 practicable, the flow of electricity to or from the customer,
9 using a single meter and single register, the cost of which
10 shall be recovered from the customer.
11 ‘‘(B) In a case in which it is not practicable to provide
12 a meter under subparagraph (A), the utility (either di13
rectly or through a third party) shall, at the expense of
14 the utility install 1 or more of those electric energy meters.
15 ‘‘(3)(A) The standard under paragraph (6) of section
16 113(b) shall require that each electric utility shall cal17
culate the electric energy consumption for the Government
18 office or agency using a net metering system that meets
19 the requirements of this subsection and paragraph (6) of
20 section 113(b) and shall measure the net electricity pro21
duced or consumed during the billing period using the me22
tering installed in accordance with this paragraph.
23 ‘‘(B) If the electricity supplied by the retail electric
24 supplier exceeds the electricity generated by the Govern25
ment office or agency during the billing period, the Gov-
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H.L.C.
1 ernment office or agency shall be billed for the net electric
2 energy supplied by the retail electric supplier in accord3
ance with normal billing practices.
4 ‘‘(C) If electric energy generated by the Government
5 office or agency exceeds the electric energy supplied by
6 the retail electric supplier during the billing period, the
7 Government office or agency shall be billed for the appro8
priate customer charges for that billing period and cred9
ited for the excess electric energy generated during the
10 billing period, with the credit appearing as a kilowatt-hour
11 credit on the bill for the following billing period.
12 ‘‘(D) Any kilowatt-hour credits provided to the Gov13
ernment office or agency as provided in this subsection
14 shall be applied to the Government office or agency elec15
tric energy consumption on the following billing period bill
16 (except for a billing period that ends in the next calendar
17 year). At the beginning of each calendar year, any unused
18 kilowatt-hour credits remaining from the preceding year
19 will carry over to the new year.
20 ‘‘(4) The standard under paragraph (6) of section
21 113(b) shall require that each electric utility shall offer
22 a meter and retail billing arrangement that has time-dif23
ferentiated rates. The kilowatt-hour credit shall be based
24 on the ratio representing the difference in retail rates for
25 each time-of-use rate, or the credits shall be reflected on
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174
H.L.C.
1 the bill of the Government office or agency as a monetary
2 credit reflecting retail rates at the time of generation of
3 the electric energy by the customer-generator.
4 ‘‘(5) The standard under paragraph (6) of section
5 113(b) shall require that the qualified generation unit,
6 interconnection standards, and net metering system used
7 by the Government office or agency shall meet all applica8
ble safety and performance and reliability standards estab9
lished by the National Electrical Code, the Institute of
10 Electrical and Electronics Engineers, Underwriters Lab11
oratories, and the American National Standards Institute.
12 ‘‘(6) The standard under paragraph (6) of section
13 113(b) shall require that electric utilities shall not make
14 additional charges, including standby charges, for equip15
ment or services for safety or performance that are in ad16
dition to those necessary to meet the other standards and
17 requirements of this subsection and paragraph (6) of sec18
tion 113(b).
19 ‘‘(7) For purposes of this subsection and paragraph
20 (6) of section 113(b):
21 ‘‘(A) The term ‘Government’ means any office,
22 facility, or agency of the Federal Government.
23 ‘‘(B) The term ‘customer-generator’ means the
24 owner or operator of a electricity generation unit.
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H.L.C.
1 ‘‘(C) The term ‘electric generation unit’ means
2 any renewable electric generation unit that is owned,
3 operated, or sited on a Federal Government facility.
4 ‘‘(D) The term ‘net metering’ means the proc5
ess of—
6 ‘‘(i) measuring the difference between the
7 electricity supplied to a customer-generator and
8 the electricity generated by the customer-gener9
ator that is delivered to a utility at the same
10 point of interconnection during an applicable
11 billing period; and
12 ‘‘(ii) providing an energy credit to the cus13
tomer-generator in the form of a kilowatt-hour
14 credit for each kilowatt-hour of electricity pro15
duced by the customer-generator from an elec16
tric generation unit.’’.
17 (c) SAVINGS PROVISION.—If this section or a portion
18 of this section is determined to be invalid or unenforceable,
19 that shall not affect the validity or enforceability of any
20 other provision of this Act.
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H.L.C.
1 SEC. 153. SUPPORT FOR QUALIFIED ADVANCED ELECTRIC
2 TRANSMISSION MANUFACTURING PLANTS,
3 QUALIFIED HIGH EFFICIENCY TRANSMISSION
4 PROPERTY, AND QUALIFIED ADVANCED
5 ELECTRIC TRANSMISSION PROPERTY.
6 (a) LOAN GUARANTEES PRIOR TO SEPTEMBER 30,
7 2011.—Section 1705(a) of the Energy Policy Act of 2005
8 (42 U.S.C. 16515(a)), as added by section 406 of the
9 American Recovery and Reinvestment Act of 2009 (Public
10 Law 109-58; 119 Stat. 594) is amended by adding the
11 following new paragraph at the end thereof:
12 ‘‘(5) The development, construction, acquisition,
13 retrofitting, or engineering integration of a qualified
14 advanced electric transmission manufacturing plant
15 or the construction of a qualified high efficiency
16 transmission property or a qualified advanced elec17
tric transmission property (whether by construction
18 of new facilities or the modification of existing facili19
ties). For purposes of this paragraph:
20 ‘‘(A) The term ‘qualified advanced electric
21 transmission property’ means any high voltage
22 electric transmission cable, related substation,
23 converter station, or other integrated facility
24 that—
25 ‘‘(i) utilizes advanced ultra low resist26
ance superconductive material or other ad-
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H.L.C.
1 vanced technology that has been deter2
mined by the Secretary of Energy as—
3 ‘‘(I) reasonably likely to become
4 commercially viable within 10 years
5 after the date of enactment of this
6 paragraph;
7 ‘‘(II) capable of reliably transmit8
ting at least 5 gigawatts of high-volt9
age electric energy for distances
10 greater than 300 miles with energy
11 losses not exceeding 3 percent of the
12 total power transported; and
13 ‘‘(III) not creating an electro14
magnetic field;
15 ‘‘(ii) has been determined by an ap16
propriate energy regulatory body, upon ap17
plication, to be in the public interest and
18 thereby eligible for inclusion in regulated
19 rates; and
20 ‘‘(iii) can be located safely and eco21
nomically in a permanent underground
22 right of way not to exceed 25 feet in width.
23 The term ‘qualified advanced electric trans24
mission property’ shall not include any property
25 placed in service after December 31, 2016.
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H.L.C.
1 ‘‘(B)(i) The term ‘qualified high efficiency
2 transmission property’ means any high voltage
3 overhead electric transmission line, related sub4
station, or other integrated facility that—
5 ‘‘(I) utilizes advanced conductor core
6 technology that—
7 ‘‘(aa) has been determined by the
8 Secretary of Energy as reasonably
9 likely to become commercially viable
10 within 10 years after the date of en11
actment of this paragraph;
12 ‘‘(bb) is suitable for use on trans13
mission lines up to 765kV; and
14 ‘‘(cc) exhibits power losses at
15 least 30 percent lower than that of
16 transmission lines using conventional
17 ‘ACSR’ conductors;
18 ‘‘(II) has been determined by an ap19
propriate energy regulatory body, upon ap20
plication, to be in the public interest and
21 thereby eligible for inclusion in regulated
22 rates; and
23 ‘‘(III) can be located safely and eco24
nomically in a right of way not to exceed
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H.L.C.
1 that used by conventional ‘ACSR’ conduc2
tors; and
3 ‘‘(ii) The term ‘qualified high efficiency
4 transmission property’ shall not include any
5 property placed in service after December 31,
6 2016.
7 ‘‘(C) The term ‘qualified advanced electric
8 transmission manufacturing plant’ means any
9 industrial facility located in the United States
10 which can be equipped, re-equipped, expanded,
11 or established to produce in whole or in part
12 qualified advanced electric transmission prop13
erty.’’.
14 (b) ADDITIONAL LOAN GUARANTEE AUTHORITY.—
15 Section 1703 of the Energy Policy Act of 2005 (42 U.S.C.
16 16513) is amended by adding the following new paragraph
17 at the end of subsection (b):
18 ‘‘(12) The development, construction, acquisi19
tion, retrofitting, or engineering integration of a
20 qualified advanced electric transmission manufac21
turing plant or the construction of a qualified ad22
vanced electric transmission property (whether by
23 construction of new facilities or the modification of
24 existing facilities). For purposes of this paragraph,
25 the terms ‘qualified advanced electric transmission
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H.L.C.
1 property’ and ‘qualified advanced electric trans2
mission manufacturing plant’ have the meanings
3 provided by section 1705(a)(5).’’.
4 (c) GRANTS.—The Secretary of Energy is authorized
5 to provide grants for up to 50 percent of costs incurred
6 in connection with the development, construction, acquisi7
tion of components for, or engineering of a qualified ad8
vanced electric transmission property defined in paragraph
9 (5) of section 1705(a) of the Energy Policy Act of 2005
10 (42 U.S.C. 16515(a)). Such grants may only be made to
11 the first project which qualifies under that paragraph.
12 There are authorized to be appropriated for purposes of
13 this subsection not more than $100,000,000 for fiscal year
14 2010. The United States shall take no equity or other
15 ownership interest in the qualified advanced electric trans16
mission manufacturing plant or qualified advanced electric
17 transmission property for which funding is provided under
18 this subsection.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
Re: TEXT of HR2454 Posted in Sections
« Reply #12 on: June 27, 2009, 03:06:25 pm »
===================================================
TITLE I - Clean Energy
===================================================
Subtitle G: Technical Corrections to Energy Laws
===================================================

19 Subtitle G—Technical Corrections
20 to Energy Laws
21 SEC. 161. TECHNICAL CORRECTIONS TO ENERGY INDE22
PENDENCE AND SECURITY ACT OF 2007.
23 (a) TITLE III—ENERGY SAVINGS THROUGH IM24
PROVED STANDARDS FOR APPLIANCE AND LIGHTING.—
25 (1) Section 325(u) of the Energy Policy and Conservation
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H.L.C.
1 Act (42 U.S.C. 6295(u)) (as amended by section 301(c)
2 of the Energy Independence and Security Act of 2007
3 (121 Stat. 1550)) is amended—
4 (A) by redesignating paragraph (7) as
5 paragraph (4); and
6 (B) in paragraph (4) (as so redesignated),
7 by striking ‘‘supplies is’’ and inserting ‘‘supply
8 is’’.
9 (2) Section 302 of the Energy Independence and Se10
curity Act of 2007 (121 Stat. 1551)) is amended—
11 (A) in subsection (a), by striking ‘‘end of the
12 paragraph’’ and inserting ‘‘end of subparagraph
13 (A)’’; and
14 (B) in subsection (b), by striking ‘‘6313(a)’’
15 and inserting ‘‘6314(a)’’.
16 (3) Section 343(a)(1) of the Energy Policy and Con17
servation Act (42 U.S.C. 6313(a)(1)) (as amended by sec18
tion 302(b) of the Energy Independence and Security Act
19 of 2007 (121 Stat. 1551)) is amended—
20 (A) by striking ‘‘TEST PROCEDURES’’ and all
21 that follows through ‘‘At least once’’ and inserting
22 ‘‘TEST PROCEDURES.—At least once’’; and
23 (B) by redesignating clauses (i) and (ii) as sub24
paragraphs (A) and (B), respectively (and by moving
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H.L.C.
1 the margins of such subparagraphs 2 ems to the
2 left).
3 (4) Section 342(a)(6) of the Energy Policy and Con4
servation Act (42 U.S.C. 6313(a)(6)) (as amended by sec5
tion 305(b)(2) of the Energy Independence and Security
6 Act of 2007 (121 Stat. 1554)) is amended—
7 (A) in subparagraph (B)—
8 (i) by striking ‘‘If the Secretary’’ and in9
serting the following:
10 ‘‘(i) IN GENERAL.—If the Secretary’’;
11 (ii) by striking ‘‘clause (ii)(II)’’ and insert12
ing ‘‘subparagraph (A)(ii)(II)’’;
13 (iii) by striking ‘‘clause (i)’’ and inserting
14 ‘‘subparagraph (A)(i)’’; and
15 (iv) by adding at the end the following:
16 ‘‘(ii) FACTORS.—In determining
17 whether a standard is economically justi18
fied for the purposes of subparagraph
19 (A)(ii)(II), the Secretary shall, after receiv20
ing views and comments furnished with re21
spect to the proposed standard, determine
22 whether the benefits of the standard ex23
ceed the burden of the proposed standard
24 by, to the maximum extent practicable,
25 considering—
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H.L.C.
1 ‘‘(I) the economic impact of the
2 standard on the manufacturers and
3 on the consumers of the products sub4
ject to the standard;
5 ‘‘(II) the savings in operating
6 costs throughout the estimated aver7
age life of the product in the type (or
8 class) compared to any increase in the
9 price of, or in the initial charges for,
10 or maintenance expenses of, the prod11
ucts that are likely to result from the
12 imposition of the standard;
13 ‘‘(III) the total projected quan14
tity of energy savings likely to result
15 directly from the imposition of the
16 standard;
17 ‘‘(IV) any lessening of the utility
18 or the performance of the products
19 likely to result from the imposition of
20 the standard;
21 ‘‘(V) the impact of any lessening
22 of competition, as determined in writ23
ing by the Attorney General, that is
24 likely to result from the imposition of
25 the standard;
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H.L.C.
1 ‘‘(VI) the need for national en2
ergy conservation; and
3 ‘‘(VII) other factors the Sec4
retary considers relevant.
5 ‘‘(iii) ADMINISTRATION.—
6 ‘‘(I) ENERGY USE AND EFFI7
CIENCY.—The Secretary may not pre8
scribe any amended standard under
9 this paragraph that increases the
10 maximum allowable energy use, or de11
creases the minimum required energy
12 efficiency, of a covered product.
13 ‘‘(II) UNAVAILABILITY.—
14 ‘‘(aa) IN GENERAL.—The
15 Secretary may not prescribe an
16 amended standard under this
17 subparagraph if the Secretary
18 finds (and publishes the finding)
19 that interested persons have es20
tablished by a preponderance of
21 the evidence that a standard is
22 likely to result in the unavail23
ability in the United States in
24 any product type (or class) of
25 performance characteristics (in-
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H.L.C.
1 cluding reliability, features, sizes,
2 capacities, and volumes) that are
3 substantially the same as those
4 generally available in the United
5 States at the time of the finding
6 of the Secretary.
7 ‘‘(bb) OTHER TYPES OR
8 CLASSES.—The failure of some
9 types (or classes) to meet the cri10
terion established under this sub11
clause shall not affect the deter12
mination of the Secretary on
13 whether to prescribe a standard
14 for the other types or classes.’’;
15 and
16 (B) in subparagraph (C)(iv), by striking ‘‘An
17 amendment prescribed under this subsection’’ and
18 inserting ‘‘Notwithstanding subparagraph (D), an
19 amendment prescribed under this subparagraph’’.
20 (5) Section 342(a)(6)(B)(iii) of the Energy Policy
21 and Conservation Act (as added by section 306(c) of the
22 Energy Independence and Security Act of 2007) is trans23
ferred and redesignated as clause (vi) of section
24 342(a)(6)(C) of the Energy Policy and Conservation Act
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1 (as amended by section 305(b)(2) of the Energy Independ2
ence and Security Act of 2007).
3 (6) Section 340 of the Energy Policy and Conserva4
tion Act (42 U.S.C. 6311) (as amended by sections
5 312(a)(2) and 314(a) of the Energy Independence and Se6
curity Act of 2007 (121 Stat. 1564, 1569)) is amended
7 by redesignating paragraphs (22) and (23) (as added by
8 section 314(a) of that Act) as paragraphs (23) and (24),
9 respectively.
10 (7) Section 345 of the Energy Policy and Conserva11
tion Act (42 U.S.C. 6316) (as amended by section 312(e)
12 of the Energy Independence and Security Act of 2007
13 (121 Stat. 1567)) is amended—
14 (A) by striking ‘‘subparagraphs (B) through
15 (G)’’ each place it appears and inserting ‘‘subpara16
graphs (B), (C), (D), (I), (J), and (K)’’;
17 (B) by striking ‘‘part A’’ each place it appears
18 and inserting ‘‘part B’’; and
19 (C) in subsection (h)(3), by striking ‘‘section
20 342(f)(3)’’ and inserting ‘‘section 342(f)(4)’’.
21 (8) Section 340(13) of the Energy Policy and Con22
servation Act (42 U.S.C. 6311(13)) (as amended by sec23
tion 313(a) of the Energy Independence and Security Act
24 of 2007 (121 Stat. 1568)) is amended—
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H.L.C.
1 (A) by striking subparagraphs (A) and (B) and
2 inserting the following:
3 ‘‘(A) IN GENERAL.—The term ‘electric
4 motor’ means any motor that is—
5 ‘‘(i) a general purpose T-frame, sin6
gle-speed, foot-mounting, polyphase squir7
rel-cage induction motor of the National
8 Electrical Manufacturers Association, De9
sign A and B, continuous rated, operating
10 on 230/460 volts and constant 60 Hertz
11 line power as defined in NEMA Standards
12 Publication MG1-1987; or
13 ‘‘(ii) a motor incorporating the design
14 elements described in clause (i), but is con15
figured to incorporate one or more of the
16 following variations—
17 ‘‘(I) U-frame motor;
18 ‘‘(II) NEMA Design C motor;
19 ‘‘(III) close-coupled pump motor;
20 ‘‘(IV) footless motor;
21 ‘‘(V) vertical solid shaft normal
22 thrust motor (as tested in a horizontal
23 configuration);
24 ‘‘(VI) 8-pole motor; or
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1 ‘‘(VII) poly-phase motor with a
2 voltage rating of not more than 600
3 volts (other than 230 volts or 460
4 volts, or both, or can be operated on
5 230 volts or 460 volts, or both).’’; and
6 (B) by redesignating subparagraphs (C)
7 through (I) as subparagraphs (B) through (H), re8
spectively.
9 (9)(A) Section 342(b) of the Energy Policy and Con10
servation Act (42 U.S.C. 6313(b)) is amended—
11 (i) in paragraph (1), by striking ‘‘paragraph (2)’’ and
12 inserting ‘‘paragraph (3)’’;
13 (ii) by redesignating paragraphs (2) and (3) as para14
graphs (3) and (4);
15 (iii) by inserting after paragraph (1) the following:
16 ‘‘(2) STANDARDS EFFECTIVE BEGINNING DE17
CEMBER 19, 2010.—
18 ‘‘(A) IN GENERAL.—Except for definite
19 purpose motors, special purpose motors, and
20 those motors exempted by the Secretary under
21 paragraph (3) and except as provided for in
22 subparagraphs (B), (C), and (D), each electric
23 motor manufactured with power ratings from 1
24 to 200 horsepower (alone or as a component of
25 another piece of equipment) on or after Decem-
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H.L.C.
1 ber 19, 2010, shall have a nominal full load ef2
ficiency of not less than the nominal full load
3 efficiency described in NEMA MG-1 (2006)
4 Table 12-12.
5 ‘‘(B) FIRE PUMP ELECTRIC MOTORS.—Ex6
cept for those motors exempted by the Sec7
retary under paragraph (3), each fire pump
8 electric motor manufactured with power ratings
9 from 1 to 200 horsepower (alone or as a compo10
nent of another piece of equipment) on or after
11 December 19, 2010, shall have a nominal full
12 load efficiency that is not less than the nominal
13 full load efficiency described in NEMA MG-1
14 (2006) Table 12-11.
15 ‘‘(C) NEMA DESIGN B ELECTRIC MO16
TORS.—Except for those motors exempted by
17 the Secretary under paragraph (3), each
18 NEMA Design B electric motor with power rat19
ings of more than 200 horsepower, but not
20 greater than 500 horsepower, manufactured
21 (alone or as a component of another piece of
22 equipment) on or after December 19, 2010,
23 shall have a nominal full load efficiency of not
24 less than the nominal full load efficiency de25
scribed in NEMA MG-1 (2006) Table 12-11.
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1 ‘‘(D) MOTORS INCORPORATING CERTAIN
2 DESIGN ELEMENTS.—Except for those motors
3 exempted by the Secretary under paragraph
4 (3), each electric motor described in section
5 340(13)(A)(ii) manufactured with power rat6
ings from 1 to 200 horsepower (alone or as a
7 component of another piece of equipment) on or
8 after December 19, 2010, shall have a nominal
9 full load efficiency of not less than the nominal
10 full load efficiency described in NEMA MG-1
11 (2006) Table 12-11.’’; and
12 (iv) in paragraph (3) (as redesignated by clause (ii)),
13 by striking ‘‘paragraph (1)’’ each place it appears in sub14
paragraphs (A) and (D) and inserting ‘‘paragraphs (1)
15 and (2)’’.
16 (B) Section 313 of the Energy Independence and Se17
curity Act of 2007 (121 Stat. 1568) is repealed.
18 (C) The amendments made by—
19 (i) subparagraph (A) shall take effect on De20
cember 19, 2010; and
21 (ii) subparagraph (B) shall take effect on De22
cember 19, 2007.
23 (10) Section 321(30)(D)(i)(III) of the Energy Policy
24 and Conservation Act (42 U.S.C. 6291(30)(D)(i)(III)) (as
25 amended by section 321(a)(1)(A) of the Energy Independ-
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H.L.C.
1 ence and Security Act of 2007 (121 Stat. 1574)) is
2 amended by inserting before the semicolon the following:
3 ‘‘or, in the case of a modified spectrum lamp, not less than
4 232 lumens and not more than 1,950 lumens’’.
5 (11) Section 321(30)(T) of the Energy Policy and
6 Conservation Act (42 U.S.C. 6291(30)(T) (as amended by
7 section 321(a)(1)(B) of the Energy Independence and Se8
curity Act of 2007 (121 Stat. 1574)) is amended—
9 (A) in clause (i)—
10 (i) by striking the comma after ‘‘household
11 appliance’’ and inserting ‘‘and’’; and
12 (ii) by striking ‘‘and is sold at retail,’’; and
13 (B) in clause (ii), by inserting ‘‘when sold at re14
tail,’’ before ‘‘is designated’’.
15 (12) Section 325 of the Energy Policy and Conserva16
tion Act (42 U.S.C. 6295) (as amended by sections
17 321(a)(3)(A) and 322(b) of the Energy Independence and
18 Security Act of 2007 (121 Stat. 1577, 1588)) is amended
19 by striking subsection (i) and inserting the following:
20 ‘‘(i) GENERAL SERVICE FLUORESCENT LAMPS, GEN21
ERAL SERVICE INCANDESCENT LAMPS, INTERMEDIATE
22 BASE INCANDESCENT LAMPS, CANDELABRA BASE INCAN23
DESCENT LAMPS, AND INCANDESCENT REFLECTOR
24 LAMPS.—
25 ‘‘(1) ENERGY EFFICIENCY STANDARDS.—
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H.L.C.
1 ‘‘(A) IN GENERAL.—Each of the following
2 general service fluorescent lamps, general serv3
ice incandescent lamps, intermediate base in4
candescent lamps, candelabra base incandescent
5 lamps, and incandescent reflector lamps manu6
factured after the effective date specified in the
7 tables listed in this subparagraph shall meet or
8 exceed the following lamp efficacy, new max9
imum wattage, and CRI standards:
‘‘FLUORESCENT LAMPS
Lamp Type
Nominal
Lamp
Wattage
Minimum
CRI
Minimum Average
Lamp Efficacy
(LPW)
Effective
Date (Period
of
Months)
4-foot medium bi-pin ................. >35 W 69 75.0 36
.................................................... ≤35 W 45 75.0 36
2-foot U-shaped ......................... >35 W 69 68.0 36
.................................................... ≤35 W 45 64.0 36
8-foot slimline ............................ 65 W 69 80.0 18
.................................................... ≤65 W 45 80.0 18
8-foot high output ...................... >100 W 69 80.0 18
.................................................... ≤100 W 45 80.0 18
‘‘INCANDESCENT REFLECTOR LAMPS
Nominal Lamp Wattage
Minimum Average
Lamp Efficacy
(LPW)
Effective
Date (Period
of
Months)
40–50 ...................................................................................... 10.5 36
51–66 ...................................................................................... 11.0 36
67–85 ...................................................................................... 12.5 36
86–115 .................................................................................... 14.0 36
116–155 .................................................................................... 14.5 36
156–205 .................................................................................... 15.0 36
‘‘GENERAL SERVICE INCANDESCENT LAMPS
Rated Lumen Ranges Maximum Rated
Wattage
Minimum
Rated Lifetime
Effective
Date
1490–2600 72 1,000 hrs 1/1/2012
1050–1489 53 1,000 hrs 1/1/2013
750–1049 43 1,000 hrs 1/1/2014
310–749 29 1,000 hrs 1/1/2014
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H.L.C.
‘‘MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS
Rated Lumen Ranges Maximum Rated
Wattage
Minimum
Rated Lifetime
Effective
Date
1118–1950 72 1,000 hrs 1/1/2012
788–1117 53 1,000 hrs 1/1/2013
563–787 43 1,000 hrs 1/1/2014
232–562 29 1,000 hrs 1/1/2014
1 ‘‘(B) APPLICATION.—
2 ‘‘(i) APPLICATION CRITERIA.—This
3 subparagraph applies to each lamp that—
4 ‘‘(I) is intended for a general
5 service or general illumination applica6
tion (whether incandescent or not);
7 ‘‘(II) has a medium screw base
8 or any other screw base not defined in
9 ANSI C81.61–2006;
10 ‘‘(III) is capable of being oper11
ated at a voltage at least partially
12 within the range of 110 to 130 volts;
13 and
14 ‘‘(IV) is manufactured or im15
ported after December 31, 2011.
16 ‘‘(ii) REQUIREMENT.—For purposes
17 of this paragraph, each lamp described in
18 clause (i) shall have a color rendering
19 index that is greater than or equal to—
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H.L.C.
1 ‘‘(I) 80 for nonmodified spectrum
2 lamps; or
3 ‘‘(II) 75 for modified spectrum
4 lamps.
5 ‘‘(C) CANDELABRA INCANDESCENT LAMPS
6 AND INTERMEDIATE BASE INCANDESCENT
7 LAMPS.—
8 ‘‘(i) CANDELABRA BASE INCANDES9
CENT LAMPS.—Effective beginning Janu10
ary 1, 2012, a candelabra base incandes11
cent lamp shall not exceed 60 rated watts.
12 ‘‘(ii) INTERMEDIATE BASE INCANDES13
CENT LAMPS.—Effective beginning Janu14
ary 1, 2012, an intermediate base incan15
descent lamp shall not exceed 40 rated
16 watts.
17 ‘‘(D) EXEMPTIONS.—
18 ‘‘(i) STATUTORY EXEMPTIONS.—The
19 standards specified in subparagraph (A)
20 shall not apply to the following types of in21
candescent reflector lamps:
22 ‘‘(I) Lamps rated at 50 watts or
23 less that are ER30, BR30, BR40, or
24 ER40 lamps.
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H.L.C.
1 ‘‘(II) Lamps rated at 65 watts
2 that are BR30, BR40, or ER40
3 lamps.
4 ‘‘(III) R20 incandescent reflector
5 lamps rated 45 watts or less.
6 ‘‘(ii) ADMINISTRATIVE EXEMP7
TIONS.—
8 ‘‘(I) PETITION.—Any person may
9 petition the Secretary for an exemp10
tion for a type of general service lamp
11 from the requirements of this sub12
section.
13 ‘‘(II) CRITERIA.—The Secretary
14 may grant an exemption under sub15
clause (I) only to the extent that the
16 Secretary finds, after a hearing and
17 opportunity for public comment, that
18 it is not technically feasible to serve a
19 specialized lighting application (such
20 as a military, medical, public safety,
21 or certified historic lighting applica22
tion) using a lamp that meets the re23
quirements of this subsection.
24 ‘‘(III) ADDITIONAL CRITERION.—
25 To grant an exemption for a product
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H.L.C.
1 under this clause, the Secretary shall
2 include, as an additional criterion,
3 that the exempted product is unlikely
4 to be used in a general service lighting
5 application.
6 ‘‘(E) EXTENSION OF COVERAGE.—
7 ‘‘(i) PETITION.—Any person may peti8
tion the Secretary to establish standards
9 for lamp shapes or bases that are excluded
10 from the definition of general service
11 lamps.
12 ‘‘(ii) INCREASED SALES OF EXEMPT13
ED LAMPS.—The petition shall include evi14
dence that the availability or sales of ex15
empted incandescent lamps have increased
16 significantly since the date on which the
17 standards on general service incandescent
18 lamps were established.
19 ‘‘(iii) CRITERIA.—The Secretary shall
20 grant a petition under clause (i) if the Sec21
retary finds that—
22 ‘‘(I) the petition presents evi23
dence that demonstrates that commer24
cial availability or sales of exempted
25 incandescent lamp types have in-
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197
H.L.C.
1 creased significantly since the stand2
ards on general service lamps were es3
tablished and likely are being widely
4 used in general lighting applications;
5 and
6 ‘‘(II) significant energy savings
7 could be achieved by covering exempt8
ed products, as determined by the
9 Secretary based in part on sales data
10 provided to the Secretary from manu11
facturers and importers.
12 ‘‘(iv) NO PRESUMPTION.—The grant
13 of a petition under this subparagraph shall
14 create no presumption with respect to the
15 determination of the Secretary with respect
16 to any criteria under a rulemaking con17
ducted under this section.
18 ‘‘(v) EXPEDITED PROCEEDING.—If
19 the Secretary grants a petition for a lamp
20 shape or base under this subparagraph,
21 the Secretary shall—
22 ‘‘(I) conduct a rulemaking to de23
termine standards for the exempted
24 lamp shape or base; and
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H.L.C.
1 ‘‘(II) complete the rulemaking
2 not later than 18 months after the
3 date on which notice is provided
4 granting the petition.
5 ‘‘(F) EFFECTIVE DATES.—
6 ‘‘(i) IN GENERAL.—In this paragraph,
7 except as otherwise provided in a table
8 contained in subparagraph (A) or in clause
9 (ii), the term ‘effective date’ means the last
10 day of the month specified in the table
11 that follows October 24, 1992.
12 ‘‘(ii) SPECIAL EFFECTIVE DATES.—
13 ‘‘(I) ER, BR, AND BPAR
14 LAMPS.—The standards specified in
15 subparagraph (A) shall apply with re16
spect to ER incandescent reflector
17 lamps, BR incandescent reflector
18 lamps, BPAR incandescent reflector
19 lamps, and similar bulb shapes on and
20 after January 1, 2008, or the date
21 that is 180 days after the date of en22
actment of the Energy Independence
23 and Security Act of 2007.
24 ‘‘(II) LAMPS BETWEEN 2.25–2.75
25 INCHES IN DIAMETER.—The stand-
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199
H.L.C.
1 ards specified in subparagraph (A)
2 shall apply with respect to incandes3
cent reflector lamps with a diameter
4 of more than 2.25 inches, but not
5 more than 2.75 inches, on and after
6 the later of January 1, 2008, or the
7 date that is 180 days after the date of
8 enactment of the Energy Independ9
ence and Security Act of 2007.
10 ‘‘(2) COMPLIANCE WITH EXISTING LAW.—Not11
withstanding section 332(a)(5) and section 332(b),
12 it shall not be unlawful for a manufacturer to sell
13 a lamp that is in compliance with the law at the
14 time the lamp was manufactured.
15 ‘‘(3) RULEMAKING BEFORE OCTOBER 24,
16 1995.—
17 ‘‘(A) IN GENERAL.—Not later than 36
18 months after October 24, 1992, the Secretary
19 shall initiate a rulemaking procedure and shall
20 publish a final rule not later than the end of
21 the 54-month period beginning on October 24,
22 1992, to determine whether the standards es23
tablished under paragraph (1) should be
24 amended.
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H.L.C.
1 ‘‘(B) ADMINISTRATION.—The rule shall
2 contain the amendment, if any, and provide
3 that the amendment shall apply to products
4 manufactured on or after the 36-month period
5 beginning on the date on which the final rule is
6 published.
7 ‘‘(4) RULEMAKING BEFORE OCTOBER 24,
8 2000.—
9 ‘‘(A) IN GENERAL.—Not later than 8 years
10 after October 24, 1992, the Secretary shall ini11
tiate a rulemaking procedure and shall publish
12 a final rule not later than 9 years and 6 months
13 after October 24, 1992, to determine whether
14 the standards in effect for fluorescent lamps
15 and incandescent lamps should be amended.
16 ‘‘(B) ADMINISTRATION.—The rule shall
17 contain the amendment, if any, and provide
18 that the amendment shall apply to products
19 manufactured on or after the 36-month period
20 beginning on the date on which the final rule is
21 published.
22 ‘‘(5) RULEMAKING FOR ADDITIONAL GENERAL
23 SERVICE FLUORESCENT LAMPS.—
24 ‘‘(A) IN GENERAL.—Not later than the
25 end of the 24-month period beginning on the
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H.L.C.
1 date labeling requirements under section
2 324(a)(2)(C) become effective, the Secretary
3 shall—
4 ‘‘(i) initiate a rulemaking procedure to
5 determine whether the standards in effect
6 for fluorescent lamps and incandescent
7 lamps should be amended so that the
8 standards would be applicable to additional
9 general service fluorescent lamps; and
10 ‘‘(ii) publish, not later than 18
11 months after initiating the rulemaking, a
12 final rule including the amended stand13
ards, if any.
14 ‘‘(B) ADMINISTRATION.—The rule shall
15 provide that the amendment shall apply to
16 products manufactured after a date which is 36
17 months after the date on which the rule is pub18
lished.
19 ‘‘(6) STANDARDS FOR GENERAL SERVICE
20 LAMPS.—
21 ‘‘(A) RULEMAKING BEFORE JANUARY 1,
22 2014.—
23 ‘‘(i) IN GENERAL.—Not later than
24 January 1, 2014, the Secretary shall ini-
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H.L.C.
1 tiate a rulemaking procedure to determine
2 whether—
3 ‘‘(I) standards in effect for gen4
eral service lamps should be amended;
5 and
6 ‘‘(II) the exclusions for certain
7 incandescent lamps should be main8
tained or discontinued based, in part,
9 on excluded lamp sales collected by
10 the Secretary from manufacturers.
11 ‘‘(ii) SCOPE.—The rulemaking—
12 ‘‘(I) shall not be limited to incan13
descent lamp technologies; and
14 ‘‘(II) shall include consideration
15 of a minimum standard of 45 lumens
16 per watt for general service lamps.
17 ‘‘(iii) AMENDED STANDARDS.—If the
18 Secretary determines that the standards in
19 effect for general service lamps should be
20 amended, the Secretary shall publish a
21 final rule not later than January 1, 2017,
22 with an effective date that is not earlier
23 than 3 years after the date on which the
24 final rule is published.
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H.L.C.
1 ‘‘(iv) PHASED-IN EFFECTIVE
2 DATES.—The Secretary shall consider
3 phased-in effective dates under this sub4
paragraph after considering—
5 ‘‘(I) the impact of any amend6
ment on manufacturers, retiring and
7 repurposing existing equipment,
8 stranded investments, labor contracts,
9 workers, and raw materials; and
10 ‘‘(II) the time needed to work
11 with retailers and lighting designers
12 to revise sales and marketing strate13
gies.
14 ‘‘(v) BACKSTOP REQUIREMENT.—If
15 the Secretary fails to complete a rule16
making in accordance with clauses (i)
17 through (iv) or if the final rule does not
18 produce savings that are greater than or
19 equal to the savings from a minimum effi20
cacy standard of 45 lumens per watt, effec21
tive beginning January 1, 2020, the Sec22
retary shall prohibit the manufacture of
23 any general service lamp that does not
24 meet a minimum efficacy standard of 45
25 lumens per watt.
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204
H.L.C.
1 ‘‘(vi) STATE PREEMPTION.—Neither
2 section 327(c) nor any other provision of
3 law shall preclude California or Nevada
4 from adopting, effective beginning on or
5 after January 1, 2018—
6 ‘‘(I) a final rule adopted by the
7 Secretary in accordance with clauses
8 (i) through (iv);
9 ‘‘(II) if a final rule described in
10 subclause (I) has not been adopted,
11 the backstop requirement under
12 clause (v); or
13 ‘‘(III) in the case of California, if
14 a final rule described in subclause (I)
15 has not been adopted, any California
16 regulations relating to these covered
17 products adopted pursuant to State
18 statute in effect as of the date of en19
actment of the Energy Independence
20 and Security Act of 2007.
21 ‘‘(B) RULEMAKING BEFORE JANUARY 1,
22 2020.—
23 ‘‘(i) IN GENERAL.—Not later than
24 January 1, 2020, the Secretary shall ini-
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H.L.C.
1 tiate a rulemaking procedure to determine
2 whether—
3 ‘‘(I) standards in effect for gen4
eral service lamps should be amended;
5 and
6 ‘‘(II) the exclusions for certain
7 incandescent lamps should be main8
tained or discontinued based, in part,
9 on excluded lamp sales data collected
10 by the Secretary from manufacturers.
11 ‘‘(ii) SCOPE.—The rulemaking shall
12 not be limited to incandescent lamp tech13
nologies.
14 ‘‘(iii) AMENDED STANDARDS.—If the
15 Secretary determines that the standards in
16 effect for general service lamps should be
17 amended, the Secretary shall publish a
18 final rule not later than January 1, 2022,
19 with an effective date that is not earlier
20 than 3 years after the date on which the
21 final rule is published.
22 ‘‘(iv) PHASED-IN EFFECTIVE
23 DATES.—The Secretary shall consider
24 phased-in effective dates under this sub25
paragraph after considering—
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H.L.C.
1 ‘‘(I) the impact of any amend2
ment on manufacturers, retiring and
3 repurposing existing equipment,
4 stranded investments, labor contracts,
5 workers, and raw materials; and
6 ‘‘(II) the time needed to work
7 with retailers and lighting designers
8 to revise sales and marketing strate9
gies.
10 ‘‘(7) FEDERAL ACTIONS.—
11 ‘‘(A) COMMENTS OF SECRETARY.—
12 ‘‘(i) IN GENERAL.—With respect to
13 any lamp to which standards are applicable
14 under this subsection or any lamp specified
15 in section 346, the Secretary shall inform
16 any Federal entity proposing actions that
17 would adversely impact the energy con18
sumption or energy efficiency of the lamp
19 of the energy conservation consequences of
20 the action.
21 ‘‘(ii) CONSIDERATION.—The Federal
22 entity shall carefully consider the com23
ments of the Secretary.
24 ‘‘(B) AMENDMENT OF STANDARDS.—Not25
withstanding section 325(n)(1), the Secretary
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H.L.C.
1 shall not be prohibited from amending any
2 standard, by rule, to permit increased energy
3 use or to decrease the minimum required en4
ergy efficiency of any lamp to which standards
5 are applicable under this subsection if the ac6
tion is warranted as a result of other Federal
7 action (including restrictions on materials or
8 processes) that would have the effect of either
9 increasing the energy use or decreasing the en10
ergy efficiency of the product.
11 ‘‘(8) COMPLIANCE.—
12 ‘‘(A) IN GENERAL.—Not later than the
13 date on which standards established pursuant
14 to this subsection become effective, or, with re15
spect to high-intensity discharge lamps covered
16 under section 346, the effective date of stand17
ards established pursuant to that section, each
18 manufacturer of a product to which the stand19
ards are applicable shall file with the Secretary
20 a laboratory report certifying compliance with
21 the applicable standard for each lamp type.
22 ‘‘(B) CONTENTS.—The report shall include
23 the lumen output and wattage consumption for
24 each lamp type as an average of measurements
25 taken over the preceding 12-month period.
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208
H.L.C.
1 ‘‘(C) OTHER LAMP TYPES.—With respect
2 to lamp types that are not manufactured during
3 the 12-month period preceding the date on
4 which the standards become effective, the re5
port shall—
6 ‘‘(i) be filed with the Secretary not
7 later than the date that is 12 months after
8 the date on which manufacturing is com9
menced; and
10 ‘‘(ii) include the lumen output and
11 wattage consumption for each such lamp
12 type as an average of measurements taken
13 during the 12-month period.’’.
14 (13) Section 325(l)(4)(A) of the Energy Policy and
15 Conservation Act (42 U.S.C. 6295(l)(4)(A)) (as amended
16 by section 321(a)(3)(B) of the Energy Independence and
17 Security Act of 2007 (121 Stat. 1581)) is amended by
18 striking ‘‘only’’.
19 (14) Section 327(b)(1)(B) of the Energy Policy and
20 Conservation Act (42 U.S.C. 6297(b)(1)(B)) (as amended
21 by section 321(d)(3) of the Energy Independence and Se22
curity Act of 2007 (121 Stat. 1585)) is amended—
23 (A) in clause (i), by inserting ‘‘and’’ after the
24 semicolon at the end;
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H.L.C.
1 (B) in clause (ii), by striking ‘‘; and’’ and in2
serting a period; and
3 (C) by striking clause (iii).
4 (15) Section 321(e) of the Energy Independence and
5 Security Act of 2007 (121 Stat. 1586) is amended—
6 (A) in the matter preceding paragraph (1), by
7 striking ‘‘is amended’’ and inserting ‘‘(as amended
8 by section 306(b)) is amended’’; and
9 (B) by striking paragraphs (1) and (2) and in10
serting the following:
11 ‘‘(1) in paragraph (5), by striking ‘or’ after the
12 semicolon at the end;
13 ‘‘(2) in paragraph (6), by striking the period at
14 the end and inserting ‘; or’; and’’.
15 (16) Section 332(a) of the Energy Policy and Con16
servation Act (42 U.S.C. 6302(a)) (as amended by section
17 321(e) of the Energy Independence and Security Act of
18 2007 (121 Stat. 1586)) is amended by redesignating the
19 second paragraph (6) as paragraph (7).
20 (17) Section 321(30)(C)(ii) of the Energy Policy and
21 Conservation Act (42 U.S.C. 6291(30)(C)(ii)) (as amend22
ed by section 322(a)(1)(B) of the Energy Independence
23 and Security Act of 2007 (121 Stat. 1587)) is amended
24 by inserting a period after ‘‘40 watts or higher’’.
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210
H.L.C.
1 (18) Section 322(b) of the Energy Independence and
2 Security Act of 2007 (121 Stat. 1588)) is amended by
3 striking ‘‘6995(i)’’ and inserting ‘‘6295(i)’’.
4 (19) Section 327(c) of the Energy Policy and Con5
servation Act (42 U.S.C. 6297(c)) (as amended by sec6
tions 324(f) of the Energy Independence and Security Act
7 of 2007 (121 Stat. 1594)) is amended—
8 (A) in paragraph (6), by striking ‘‘or’’ after the
9 semicolon at the end;
10 (B) in paragraph (8)(B), by striking ‘‘and’’
11 after the semicolon at the end;
12 (C) in paragraph (9)—
13 (i) by striking ‘‘except that—’’ and all that
14 follows through ‘‘if the Secretary fails to issue’’
15 and inserting ‘‘except that if the Secretary fails
16 to issue’’;
17 (ii) by redesignating clauses (i) and (ii) as
18 subparagraphs (A) and (B), respectively (and
19 by moving the margins of such subparagraphs
20 2 ems to the left); and
21 (iii) by striking the period at the end and
22 inserting a semicolon; and
23 (D) by adding at the end the following:
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H.L.C.
1 ‘‘(10) is a regulation for general service lamps
2 that conforms with Federal standards and effective
3 dates;
4 ‘‘(11) is an energy efficiency standard for gen5
eral service lamps enacted into law by the State of
6 Nevada prior to December 19, 2007, if the State has
7 not adopted the Federal standards and effective
8 dates pursuant to subsection (b)(1)(B)(ii); or’’.
9 (20) Section 325(b) of the Energy Independence and
10 Security Act of 2007 (121 Stat. 1596)) is amended by
11 striking ‘‘6924(c)’’ and inserting ‘‘6294(c)’’.
12 (b) TITLE IV—ENERGY SAVINGS IN BUILDINGS AND
13 INDUSTRY.—(1) Section 401 of the Energy Independence
14 and Security Act of 2007 (42 U.S.C. 17061) is amend15
ed—
16 (A) in paragraph (2), by striking ‘‘484’’ and in17
serting ‘‘494’’; and
18 (B) in paragraph (13), by striking ‘‘Agency’’
19 and inserting ‘‘Administration’’.
20 (2) Section 422 of the Energy Conservation and Pro21
duction Act (42 U.S.C. 6872) (as amended by section
22 411(a) of the Energy Independence and Security Act of
23 2007 (121 Stat. 1600)) is amended by striking 1 of the
24 2 periods at the end of paragraph (5).
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212
H.L.C.
1 (3) Section 305(a)(3)(D)(i) of the Energy Conserva2
tion and Production Act (42 U.S.C. 6834(a)(3)(D)(i)) (as
3 amended by section 433(a) of the Energy Independence
4 and Security Act of 2007 (121 Stat. 1612)) is amended—
5 (A) in subclause (I)—
6 (i) by striking ‘‘in fiscal year 2003 (as
7 measured by Commercial Buildings Energy
8 Consumption Survey or Residential Energy
9 Consumption Survey data from the Energy In10
formation Agency’’ and inserting ‘‘as measured
11 by the calendar year 2003 Commercial Build12
ings Energy Consumption Survey or the cal13
endar year 2005 Residential Energy Consump14
tion Survey data from the Energy Information
15 Administration’’; and
16 (ii) in the table at the end, by striking
17 ‘‘Fiscal Year’’ and inserting ‘‘Calendar
18 Year’’; and
19 (B) in subclause (II)—
20 (i) by striking ‘‘(II) Upon petition’’ and in21
serting the following:
22 ‘‘(II) DOWNWARD ADJUSTMENT
23 OF NUMERIC REQUIREMENT.—
24 ‘‘(aa) IN GENERAL.—On pe25
tition’’; and
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H.L.C.
1 (ii) by striking the last sentence and in2
serting the following:
3 ‘‘(bb) EXCEPTIONS TO RE4
QUIREMENT FOR CONCURRENCE
5 OF SECRETARY.—
6 ‘‘(AA) IN GENERAL.—
7 The requirement to petition
8 and obtain the concurrence
9 of the Secretary under this
10 subclause shall not apply to
11 any Federal building with
12 respect to which the Admin13
istrator of General Services
14 is required to transmit a
15 prospectus to Congress
16 under section 3307 of title
17 40, United States Code, or
18 to any other Federal build19
ing designed, constructed, or
20 renovated by the Adminis21
trator if the Administrator
22 certifies, in writing, that
23 meeting the applicable nu24
meric requirement under
25 subclause (I) with respect to
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H.L.C.
1 the Federal building would
2 be technically impracticable
3 in light of the specific func4
tional needs for the building.
5 ‘‘(BB) ADJUSTMENT.—
6 In the case of a building de7
scribed in subitem (AA), the
8 Administrator may adjust
9 the applicable numeric re10
quirement of subclause (I)
11 downward with respect to
12 the building.’’.
13 (4) Section 436(c)(3) of the Energy Independence
14 and Security Act of 2007 (42 U.S.C. 17092(c)(3)) is
15 amended by striking ‘‘474’’ and inserting ‘‘494’’.
16 (5) Section 440 of the Energy Independence and Se17
curity Act of 2007 (42 U.S.C. 17096) is amended by strik18
ing ‘‘and 482’’.
19 (6) Section 373(c) of the Energy Policy and Con20
servation Act (42 U.S.C. 6343(c)) (as amended by section
21 451(a) of the Energy Independence and Security Act of
22 2007 (121 Stat. 1628)) is amended by striking ‘‘Adminis23
trator’’ and inserting ‘‘Secretary’’.
24 (c) DATE OF ENACTMENT.—Section 1302 of the En25
ergy Independence and Security Act of 2007 (42 U.S.C.
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H.L.C.
1 17382) is amended in the first sentence by striking ‘‘en2
actment’’ and inserting ‘‘the date of enactment of this
3 Act’’.
4 (d) REFERENCE.—Section 1306(c)(3) of the Energy
5 Independence and Security Act of 2007 (42 U.S.C.
6 17386(c)(3)) is amended by striking ‘‘section 1307 (para7
graph (17) of section 111(d) of the Public Utility Regu8
latory Policies Act of 1978)’’ and inserting ‘‘paragraph
9 (19) of section 111(d) of the Public Utility Regulatory
10 Policies Act of 1978 (16 U.S.C. 2621(d))’’.
11 (e) EFFECTIVE DATE.—This section and the amend12
ments made by this section take effect as if included in
13 the Energy Independence and Security Act of 2007 (Pub14
lic Law 110–140; 121 Stat. 1492).
15 SEC. 162. TECHNICAL CORRECTIONS TO ENERGY POLICY
16 ACT OF 2005.
17 (a) TITLE I—ENERGY EFFICIENCY.—Section
18 325(g)(8)(C)(ii) of the Energy Policy and Conservation
19 Act (42 U.S.C. 6295(g)(8)(C)(ii)) (as added by section
20 135(c)(2)(B) of the Energy Policy Act of 2005) is amend21
ed by striking ‘‘20°F’’ and inserting ‘‘¥20°F’’.
22 (b) EFFECTIVE DATE.—This section and the amend23
ments made by this section take effect as if included in
24 the Energy Policy Act of 2005 (Public Law 109–58; 119
25 Stat. 594).
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And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
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  • Posts: 8,939
Re: TEXT of HR2454 Posted in Sections
« Reply #13 on: June 27, 2009, 03:07:55 pm »
===================================================
TITLE I - Clean Energy
===================================================
Subtitle H: Enery and Efficiency Centers and Research
===================================================

216
H.L.C.
1 Subtitle H—Energy and Efficiency
2 Centers and Research
3 SEC. 171. ENERGY INNOVATION HUBS.
4 (a) PURPOSE.—The Secretary shall carry out a pro5
gram to establish Energy Innovation Hubs to enhance the
6 Nation’s economic, environmental, and energy security by
7 promoting commercial application of clean, indigenous en8
ergy alternatives to oil and other fossil fuels, reducing
9 greenhouse gas emissions, and ensuring that the United
10 States maintains a technological lead in the development
11 and commercial application of state-of-the-art energy tech12
nologies. To achieve these purposes the program shall—
13 (1) leverage the expertise and resources of the
14 university and private research communities, indus15
try, venture capital, national laboratories, and other
16 participants in energy innovation to support cross17
disciplinary research and development in areas not
18 being served by the private sector in order to develop
19 and transfer innovative clean energy technologies
20 into the marketplace;
21 (2) expand the knowledge base and human cap22
ital necessary to transition to a low-carbon economy;
23 and
24 (3) promote regional economic development by
25 cultivating clusters of clean energy technology firms,
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H.L.C.
1 private research organizations, suppliers, and other
2 complementary groups and businesses.
3 (b) DEFINITIONS.—For purposes of this section:
4 (1) ALLOWANCE.—The term ‘‘allowance’’
5 means an emission allowance established under sec6
tion 721 of the Clean Air Act (as added by section
7 311 of this Act).
8 (2) CLEAN ENERGY TECHNOLOGY.—The term
9 ‘‘clean energy technology’’ means a technology
10 that—
11 (A) produces energy from solar, wind, geo12
thermal, biomass, tidal, wave, ocean, and other
13 renewable energy resources (as such term is de14
fined in section 610 of the Public Utility Regu15
latory Policies Act of 1978);
16 (B) more efficiently transmits, distributes,
17 or stores energy;
18 (C) enhances energy efficiency for build19
ings and industry, including combined heat and
20 power;
21 (D) enables the development of a Smart
22 Grid (as described in section 1301 of the En23
ergy Independence and Security Act of 2007
24 (42 U.S.C. 17381)), including integration of re25
newable energy resources and distributed gen-
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H.L.C.
1 eration, demand response, demand side man2
agement, and systems analysis;
3 (E) produces an advanced or sustainable
4 material with energy or energy efficiency appli5
cations;
6 (F) enhances water security through im7
proved water management, conservation, dis8
tribution, and end use applications; or
9 (G) improves energy efficiency for trans10
portation, including electric vehicles.
11 (3) CLUSTER.—The term ‘‘cluster’’ means a
12 concentration of firms directly involved in the re13
search, development, finance, and commercialization
14 of clean energy technologies whose geographic prox15
imity facilitates utilization and sharing of skilled
16 human resources, infrastructure, research facilities,
17 educational and training institutions, venture cap18
ital, and input suppliers.
19 (4) HUB.—The term ‘‘Hub’’ means an Energy
20 Innovation Hub established in accordance with this
21 section.
22 (5) PROJECT.—The term ‘‘project’’ means an
23 activity with respect to which a Hub provides sup24
port under subsection (e).
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H.L.C.
1 (6) QUALIFYING ENTITY.—The term ‘‘quali2
fying entity’’ means each of the following:
3 (A) A research university.
4 (B) A State or Federal institution with a
5 focus on the advancement of clean energy tech6
nologies.
7 (C) A nongovernmental organization with
8 research or commercialization expertise in clean
9 energy technology development.
10 (7) SECRETARY.—The term ‘‘Secretary’’ means
11 the Secretary of Energy.
12 (8) TECHNOLOGY DEVELOPMENT FOCUS.—The
13 term ‘‘technology development focus’’ means the
14 unique technology development areas in which a
15 Hub will specialize, and may include solar electricity,
16 fuels from solar energy, batteries and energy stor17
age, electricity grid systems and devices, energy effi18
cient building systems and design, advanced mate19
rials, modeling and simulation, and other clean en20
ergy technology development areas designated by the
21 Secretary.
22 (9) TRANSLATIONAL RESEARCH.—The term
23 ‘‘translational research’’ means coordination of basic
24 or applied research with technical and commercial
25 applications to enable promising discoveries or inven-
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H.L.C.
1 tions to attract investment sufficient for market pen2
etration and diffusion.
3 (10) VINTAGE YEAR.—The term ‘‘vintage year’’
4 has the meaning given that term in section 700 of
5 the Clean Air Act (as added by section 312 of this
6 Act).
7 (c) ROLE OF THE SECRETARY.—The Secretary
8 shall—
9 (1) have ultimate responsibility for, and over10
sight of, all aspects of the program under this sec11
tion;
12 (2) provide for the distribution of allowances al13
located under section 782(h)(1) of the Clean Air Act
14 (as added by section 321 of this Act) to support the
15 establishment of 8 Hubs, each with a unique des16
ignated technology development focus, pursuant to
17 this section;
18 (3) coordinate the innovation activities of Hubs
19 with those occurring through other Department of
20 Energy entities, including the National Laboratories,
21 the Advanced Research Projects Agency—Energy,
22 and Energy Frontier Research Collaborations, and
23 within industry, including by annually—
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221
H.L.C.
1 (A) issuing guidance regarding national
2 energy research and development priorities and
3 strategic objectives; and
4 (B) convening a conference of staff of the
5 Department of Energy and representatives from
6 such other entities to share research results,
7 program plans, and opportunities for collabora8
tion.
9 (d) ENTITIES ELIGIBLE FOR SUPPORT.—A consor10
tium shall be eligible to receive allowances to support the
11 establishment of a Hub under this section if—
12 (1) it is composed of—
13 (A) 2 research universities with a com14
bined annual research budget of $500,000,000;
15 and
16 (B) 1 or more additional qualifying enti17
ties;
18 (2) its members have established a binding
19 agreement that documents—
20 (A) the structure of the partnership agree21
ment;
22 (B) a governance and management struc23
ture to enable cost-effective implementation of
24 the program;
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H.L.C.
1 (C) an intellectual property management
2 policy;
3 (D) a conflicts of interest policy consistent
4 with subsection (e)(4);
5 (E) an accounting structure that meets the
6 requirements of the Department of Energy and
7 can be audited under subsection (f)(5); and
8 (F) that it has an Advisory Board con9
sistent with subsection (e)(3);
10 (3) it receives financial contributions from
11 States, consortium participants, or other non-Fed12
eral sources, to be used to support project awards
13 pursuant to subsection (e);
14 (4) it is part of an existing cluster or dem15
onstrates high potential to develop a new cluster;
16 and
17 (5) it operates as a nonprofit organization.
18 (e) ENERGY INNOVATION HUBS.—
19 (1) ROLE.—Hubs receiving allowances under
20 this section shall support translational research ac21
tivities leading to commercial application of clean en22
ergy technologies, in accordance with the purposes of
23 this section, through issuance of awards to projects
24 managed by qualifying entities and other entities
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1 meeting the Hub’s project criteria, including na2
tional laboratories. Each such Hub shall—
3 (A) develop and publish for public review
4 and comment proposed plans, programs, project
5 selection criteria, and terms for individual
6 project awards under this subsection;
7 (B) submit an annual report to the Sec8
retary summarizing the Hub’s activities, organi9
zational expenditures, and Board members,
10 which shall include a certification of compliance
11 with conflict of interest policies and a descrip12
tion of each project in the research portfolio;
13 (C) establish policies—
14 (i) regarding intellectual property de15
veloped as a result of Hub awards and
16 other forms of technology support that en17
courage individual ingenuity and invention
18 while speeding technology transfer and fa19
cilitating the establishment of rapid com20
mercialization pathways;
21 (ii) to prevent resources provided to
22 the Hub from being used to displace pri23
vate sector investment otherwise likely to
24 occur, including investment from private
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1 sector entities that are members of the
2 consortium;
3 (iii) to facilitate the participation of
4 private investment firms or other private
5 entities that invest in clean energy tech6
nologies to perform due diligence on award
7 proposals, to participate in the award re8
view process, and to provide guidance to
9 projects supported by the Hub; and
10 (iv) to facilitate the participation of
11 entrepreneurs with a demonstrated history
12 of developing and commercializing clean
13 energy technologies;
14 (D) oversee project solicitations, review
15 proposed projects, and select projects for
16 awards; and
17 (E) monitor project implementation.
18 (2) DISTRIBUTION OF AWARDS BY HUBS.—A
19 Hub shall distribute awards under this subsection to
20 support clean energy technology projects conducting
21 translational research and related activities, provided
22 that at least 50 percent of such support shall be pro23
vided to projects related to the Hub’s technology de24
velopment focus.
25 (3) ADVISORY BOARDS.—
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1 (A) IN GENERAL.—Each Hub shall estab2
lish an Advisory Board, the members of which
3 shall have extensive and relevant scientific,
4 technical, industry, financial, or research man5
agement expertise. The Advisory Board shall
6 review the Hub’s proposed plans, programs,
7 project selection criteria, and projects and shall
8 ensure that projects selected for awards meet
9 the conflict of interest policies of the Hub. Ad10
visory Board members other than those rep11
resenting consortium members shall serve for
12 no more than 3 years. All Advisory Board mem13
bers shall comply with the Hub’s conflict of in14
terest policies and procedures.
15 (B) MEMBERS.—Each Advisory Board
16 shall consist of—
17 (i) 5 members selected by the consor18
tium’s research universities;
19 (ii) 2 members selected by the consor20
tium’s other qualifying entities;
21 (iii) 2 members selected at large by
22 other Advisory Board members to rep23
resent the entrepreneur and venture cap24
ital communities; and
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H.L.C.
1 (iv) 1 member appointed by the Sec2
retary.
3 (D) COMPENSATION.—Members of an Ad4
visory Board may receive reimbursement for
5 travel expenses and a reasonable stipend.
6 (4) CONFLICT OF INTEREST.—
7 (A) PROCEDURES.—Hubs shall establish
8 procedures to ensure that any employee or con9
sortia designee for Hub activities who serves in
10 a decisionmaking capacity shall—
11 (i) disclose any financial interests in,
12 or financial relationships with, applicants
13 for or recipients of awards under this sub14
section, including those of his or her
15 spouse or minor child, unless such relation16
ships or interests would be considered to
17 be remote or inconsequential; and
18 (ii) recuse himself or herself from any
19 funding decision for projects in which he
20 or she has a personal financial interest.
21 (B) DISQUALIFICATION AND REVOCA22
TION.—The Secretary may disqualify an appli23
cation or revoke allowances distributed to the
24 Hub or awards provided under this subsection,
25 if cognizant officials of the Hub fail to comply
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H.L.C.
1 with procedures required under subparagraph
2 (A).
3 (f) DISTRIBUTION OF ALLOWANCES TO ENERGY IN4
NOVATION HUBS.—
5 (1) DISTRIBUTION OF ALLOWANCES.—Not later
6 than September 30 of 2011 and each calendar year
7 thereafter through 2049, the Secretary shall, in ac8
cordance with the requirements of this section, dis9
tribute to eligible consortia allowances allocated for
10 the following vintage year under section 782(h)(1) of
11 the Clean Air Act (as added by section 321 of this
12 Act). Not less than 10 percent and not more than
13 30 percent of the allowances available for distribu14
tion in any given year shall be distributed to support
15 any individual Hub under this section.
16 (2) SELECTION AND SCHEDULE.—Allowances to
17 support the establishment of a Hub shall be distrib18
uted to eligible consortia (as defined in subsection
19 (d)) selected through a competitive process. Not
20 later than 120 days after the date of enactment of
21 this Act, the Secretary shall solicit proposals from
22 eligible consortia to establish Hubs, which shall be
23 submitted not later than 180 days after the date of
24 enactment of this Act. The Secretary shall select the
25 program consortia not later than 270 days after the
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1 date of enactment of this Act. For at least 3 awards
2 to consortia under this section, the Secretary shall
3 give special consideration to applications in which 1
4 or more of the institutions under subsection
5 (d)(1)(A) are 1890 Land Grant Institutions (as de6
fined in section 2 of the Agricultural Research, Ex7
tension, and Education Reform Act of 1998 (7
8 U.S.C. 7061)), Predominantly Black Institutions (as
9 defined in section 318 of the Higher Education Act
10 of 1965 (20 U.S.C. 1059e)), Tribal Colleges or Uni11
versities (as defined in section 316(b) of the Higher
12 Education Act of 1965 (20 U.S.C. 1059c(b)), or
13 Hispanic Serving Institutions (as defined in section
14 318 of the Higher Education Act of 1965 (20
15 U.S.C. 1059e)).
16 (3) AMOUNT AND TERM OF AWARDS.—For each
17 Hub selected to receive an award under this sub18
section, the Secretary shall define a quantity of al19
lowances that shall be distributed to such Hub each
20 year for an initial period not to exceed 5 years. The
21 Secretary may extend the term of such award by up
22 to 5 additional years, and a Hub may compete to re23
ceive an increase in the quantity of allowances per
24 year that it shall receive during any such extension.
25 A Hub shall be eligible to compete for a new award
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H.L.C.
1 after the expiration of the term of any award, in2
cluding any extension of such term, under this sub3
section.
4 (4) USE OF ALLOWANCES.—Allowances distrib5
uted under this section shall be used exclusively to
6 support project awards pursuant to subsection (e)(1)
7 and (2), provided that a Hub may use not more
8 than 10 percent of the value of such allowances for
9 its administrative expenses related to making such
10 awards. Allowances distributed under this section
11 shall not be used for construction of new buildings
12 or facilities for Hubs, and construction of new build13
ings or facilities shall not be considered as part of
14 the non-Federal share of a cost sharing agreement
15 under this section.
16 (5) AUDIT.—Each Hub shall conduct, in ac17
cordance with such requirements as the Secretary
18 may prescribe, an annual audit to determine the ex19
tent to which allowances distributed to the Hub
20 under this subsection, and awards under subsection
21 (e), have been utilized in a manner consistent with
22 this section. The auditor shall transmit a report of
23 the results of the audit to the Secretary and to the
24 Government Accountability Office. The Secretary
25 shall include such report in an annual report to Con-
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H.L.C.
1 gress, along with a plan to remedy any deficiencies
2 cited in the report. The Government Accountability
3 Office may review such audits as appropriate and
4 shall have full access to the books, records, and per5
sonnel of the Hub to ensure that allowances distrib6
uted to the Hub under this subsection, and awards
7 made under subsection (e), have been utilized in a
8 manner consistent with this section.
9 (6) REVOCATION OF ALLOWANCES.—The Sec10
retary shall have authority to review awards made
11 under this subsection and to revoke such awards if
12 the Secretary determines that a Hub has used the
13 award in a manner not consistent with the require14
ments of this section.
15 SEC. 172. ADVANCED ENERGY RESEARCH.
16 (a) DEFINITIONS.—For purposes of this section:
17 (1) ALLOWANCE.—The term ‘‘allowance’’
18 means an emission allowance established under sec19
tion 721 of the Clean Air Act (as added by section
20 311 of this Act).
21 (2) DIRECTOR.—The term ‘‘Director’’ means
22 Director of the Advanced Research Projects Agency-
23 Energy.
24 (b) IN GENERAL.—Not later than September 30 of
25 2011 and each calendar year thereafter through 2049, the
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H.L.C.
1 Director shall distribute allowances allocated for the fol2
lowing vintage year under section 782(h)(2) of the Clean
3 Air Act (as added by section 321 of this Act). Such allow4
ances shall be distributed on a competitive basis to institu5
tions of higher education, companies, research founda6
tions, trade and industry research collaborations, or con7
sortia of such entities, or other appropriate research and
8 development entities to achieve the goals of the Advanced
9 Research Projects Agency-Energy (as described in section
10 5012(c) of the America COMPETES Act) through tar11
geted acceleration of—
12 (1) novel early-stage energy research with pos13
sible technology applications;
14 (2) development of techniques, processes, and
15 technologies, and related testing and evaluation;
16 (3) development of manufacturing processes for
17 technologies; and
18 (4) demonstration and coordination with non19
governmental entities for commercial applications of
20 technologies and research applications.
21 (c) RESPONSIBILITIES.—The Director shall be re22
sponsible for assessing the success of programs and termi23
nating programs carried out under this section that are
24 not achieving the goals of the programs, consistent with
25 5012(e)(2) and (4) of the America COMPETES Act. The
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H.L.C.
1 Director shall designate program managers whose respon2
sibilities are consistent with 5012(f)(1)(B) of the America
3 COMPETES Act. The Director’s reporting and coordina4
tion requirements established through 5012(g) and (h) of
5 the America COMPETES Act shall apply to activities
6 funded through this section.
7 (d) SUPPLEMENT NOT SUPPLANT.—Assistance pro8
vided under this section shall be used to supplement, and
9 not to supplant, any other Federal resources available to
10 carry out activities described in this section.
11 SEC. 173. BUILDING ASSESSMENT CENTERS.
12 (a) IN GENERAL.—The Secretary of Energy (in this
13 section referred to as the ‘‘Secretary’’) shall provide fund14
ing to institutions of higher education for Building Assess15
ment Centers to—
16 (1) identify opportunities for optimizing energy
17 efficiency and environmental performance in existing
18 buildings;
19 (2) promote high-efficiency building construc20
tion techniques and materials options;
21 (3) promote applications of emerging concepts
22 and technologies in commercial and institutional
23 buildings;
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H.L.C.
1 (4) train engineers, architects, building sci2
entists, and building technicians in energy-efficient
3 design and operation;
4 (5) assist local community colleges, trade
5 schools, registered apprenticeship programs and
6 other accredited training programs in training build7
ing technicians;
8 (6) promote research and development for the
9 use of alternative energy sources to supply heat and
10 power, for buildings, particularly energy-intensive
11 buildings; and
12 (7) coordinate with and assist State-accredited
13 technical training centers and community colleges,
14 while ensuring appropriate services to all regions of
15 the United States.
16 (b) COORDINATION WITH REGIONAL CENTERS FOR
17 ENERGY AND ENVIRONMENTAL KNOWLEDGE AND OUT18
REACH.—A Building Assessment Center may serve as a
19 Center for Energy and Environmental Knowledge and
20 Outreach established pursuant to section 174.
21 (c) COORDINATION AND DUPLICATION.—The Sec22
retary shall coordinate efforts under this section with
23 other programs of the Department of Energy and other
24 Federal agencies to avoid duplication of effort.
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H.L.C.
1 (d) AUTHORIZATION OF APPROPRIATIONS.—There
2 are authorized to be appropriated to the Secretary to carry
3 out this section $50,000,000 for fiscal year 2010 and each
4 fiscal year thereafter.
5 SEC. 174. CENTERS FOR ENERGY AND ENVIRONMENTAL
6 KNOWLEDGE AND OUTREACH.
7 (a) REGIONAL CENTERS FOR ENERGY AND ENVI8
RONMENTAL KNOWLEDGE AND OUTREACH.—
9 (1) ESTABLISHMENT.—The Secretary shall es10
tablish not more than 10 regional Centers for En11
ergy and Environmental Knowledge and Outreach at
12 institutions of higher education to coordinate with
13 and advise industrial research and assessment cen14
ters, Building Assessment Centers, and Clean En15
ergy Application Centers located in the region of
16 such Center for Energy and Environmental Knowl17
edge and Outreach.
18 (2) TECHNICAL ASSISTANCE PROGRAMS.—Each
19 Center for Energy and Environmental Knowledge
20 and Outreach shall consist of at least one, new or
21 existing, high performing, of the following:
22 (A) An industrial research and assessment
23 center.
24 (B) A Clean Energy Application Center.
25 (C) A Building Assessment Center.
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H.L.C.
1 (3) SELECTION CRITERIA.—The Secretary shall
2 select Centers for Energy and Environmental
3 Knowledge and Outreach through a competitive
4 process, based on the following:
5 (A) Identification of the highest per6
forming industrial research and assessment cen7
ters, Clean Energy Application Centers, and
8 Building Assessment Centers.
9 (B) The degree to which an institution of
10 higher education maintains credibility among
11 regional private sector organizations such as
12 trade associations, engineering associations, and
13 environmental organizations.
14 (C) The degree to which an institution of
15 higher education is providing or has provided
16 technical assistance, academic leadership, and
17 market leadership in the energy arena in a
18 manner that is consistent with the areas of
19 focus of industrial research and assessment cen20
ters, Clean Energy Application Centers, and
21 Building Assessment Centers.
22 (D) The presence of an additional indus23
trial research and assessment center, Clean En24
ergy Application Center, or Building Assess-
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H.L.C.
1 ment Center at the institution of higher edu2
cation.
3 (4) GEOGRAPHIC DIVERSITY.—In selecting Cen4
ters for Energy and Environmental Knowledge and
5 Outreach under this subsection, the Secretary shall
6 ensure such Centers are distributed geographically
7 in a relatively uniform manner to ensure all regions
8 of the Nation are represented.
9 (5) REGIONAL LEADERSHIP.—Each Center for
10 Energy and Environmental Knowledge and Outreach
11 shall, to the extent possible, provide leadership to all
12 other industrial research and assessment centers,
13 Clean Energy Application Centers, and Building As14
sessment Centers located in the Center’s geographic
15 region, as determined by the Secretary. Such leader16
ship shall include—
17 (A) developing regional goals specific to
18 the purview of the industrial research and as19
sessment centers, Clean Energy Application
20 Centers, and Building Assessment Centers pro21
grams;
22 (B) developing regionally specific technical
23 resources; and
24 (C) outreach to interested parties in the
25 region to inform them of the information, re-
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H.L.C.
1 sources, and services available through the asso2
ciated industrial research and assessment cen3
ters, Clean Energy Application Centers, and
4 Building Assessment Centers.
5 (6) FURTHER COORDINATION.—To increase the
6 value and capabilities of the regionally associated in7
dustrial research and assessment centers, Clean En8
ergy Application Centers, and Building Assessment
9 Centers programs, Centers for Energy and Environ10
mental Knowledge and Outreach shall—
11 (A) coordinate with Manufacturing Exten12
sion Partnership Centers of the National Insti13
tute of Science and Technology;
14 (B) coordinate with the relevant programs
15 in the Department of Energy, including the
16 Building Technology Program and Industrial
17 Technologies Program;
18 (C) increase partnerships with the Na19
tional Laboratories of the Department of En20
ergy to leverage the expertise and technologies
21 of the National Laboratories to achieve the
22 goals of the industrial research and assessment
23 centers, Clean Energy Application Centers, and
24 Building Assessment Centers;
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H.L.C.
1 (D) work with relevant municipal, county,
2 and State economic development entities to le3
verage relevant financial incentives for capital
4 investment and other policy tools for the protec5
tion and growth of local business and industry;
6 (E) partner with local professional and pri7
vate trade associations and business develop8
ment interests to leverage existing knowledge of
9 local business challenges and opportunities;
10 (F) work with energy utilities and other
11 administrators of publicly funded energy pro12
grams to leverage existing energy efficiency and
13 clean energy programs;
14 (G) identify opportunities for reducing
15 greenhouse gas emissions; and
16 (H) promote sustainable business practices
17 for those served by the industrial research and
18 assessment centers, Clean Energy Application
19 Centers, and Building Assessment Centers.
20 (7) WORKFORCE TRAINING.—
21 (A) IN GENERAL.—The Secretary shall re22
quire each Center for Energy and Environ23
mental Knowledge and Outreach to establish or
24 maintain an internship program for the region
25 of such Center, designed to encourage students
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H.L.C.
1 who perform energy assessments to continue
2 working with a particular company, building, or
3 facility to help implement the recommendations
4 contained in any such assessment provided to
5 such company, building, or facility. Each Center
6 for Energy and Environmental Knowledge and
7 Outreach shall act as internship coordinator to
8 help match students to available opportunities.
9 (B) FEDERAL SHARE.—The Federal share
10 of the cost of carrying out internship programs
11 described under subparagraph (A) shall be 50
12 percent.
13 (C) FUNDING.—Subject to the availability
14 of appropriations, of the funds made available
15 to carry out this subsection, the Secretary shall
16 use to carry out this paragraph not less than
17 $5,000,000 for fiscal year 2010 and each fiscal
18 year thereafter.
19 (8) SMALL BUSINESS LOANS.—The Adminis20
trator of the Small Business Administration shall, to
21 the maximum practicable, expedite consideration of
22 applications from eligible small business concerns for
23 loans under the Small Business Act (15 U.S.C. 631
24 et seq.) for loans to implement recommendations of
25 any industrial research and assessment center, Clean
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H.L.C.
1 Energy Application Center, or Building Assessment
2 Center.
3 (9) DEFINITIONS.—In this subsection:
4 (A) INDUSTRIAL RESEARCH AND ASSESS5
MENT CENTER.—The term ‘‘industrial research
6 and assessment center’’ means a center estab7
lished or maintained pursuant to section 452(e)
8 of the Energy Independence and Security Act
9 of 2007 (42 U.S.C. 17111(e)).
10 (B) CLEAN ENERGY APPLICATION CEN11
TER.—The term ‘‘Clean Energy Application
12 Center’’ means a center redesignated and de13
scribed section under section 375 of the Energy
14 Policy and Conservation Act (42 U.S.C. 6345).
15 (C) BUILDING ASSESSMENT CENTER.—The
16 term ‘‘Building Assessment Center’’ means an
17 institution of higher education-based center es18
tablished pursuant to section 173.
19 (D) SECRETARY.—The term ‘‘Secretary’’
20 means the Secretary of Energy.
21 (10) FUNDING.—There are authorized to be ap22
propriated to the Secretary to carry out this sub23
section $10,000,000 for fiscal year 2010 and each
24 fiscal year thereafter. Subject to the availability of
25 appropriations, of the funds made available to carry
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H.L.C.
1 out this subsection, the Secretary shall provide to
2 each Center for Energy and Environmental Knowl3
edge and Outreach not less than $500,000 for fiscal
4 year 2010 and each fiscal year thereafter.
5 (b) INTEGRATION OF OTHER TECHNICAL ASSIST6
ANCE PROGRAMS.—
7 (1) CLEAN ENERGY APPLICATION CENTERS.—
8 Section 375 of the Energy Policy and Conservation
9 Act (42 U.S.C. 6345) is amended—
10 (A) by redesignating subsection (f) as sub11
section (g); and
12 (B) by adding after subsection (e) the fol13
lowing new subsection:
14 ‘‘(f) COORDINATION WITH CENTERS FOR ENERGY
15 AND ENVIRONMENTAL KNOWLEDGE AND OUTREACH.—A
16 Clean Energy Application Center may serve as a Center
17 for Energy and Environmental Knowledge and Outreach
18 established pursuant to section 174 of the American Clean
19 Energy and Security Act of 2009.’’.
20 (2) INDUSTRIAL RESEARCH AND ASSESSMENT
21 CENTERS.—Section 452(e) of the Energy Independ22
ence and Security Act of 2007 (42 U.S.C. 17111(e))
23 is amended—
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H.L.C.
1 (A) by striking ‘‘The Secretary’’ and all
2 that follows through ‘‘shall be—’’ and inserting
3 the following:
4 ‘‘(1) IN GENERAL.—The Secretary shall provide
5 funding to institution of higher education-based in6
dustrial research and assessment centers, whose pur7
poses shall be—’’;
8 (B) by redesignating paragraphs (1)
9 through (5) as subparagraphs (A) through (E),
10 respectively (and by moving the margins of such
11 subparagraphs 2 ems to the right); and
12 (C) by adding at the end the following new
13 paragraph:
14 ‘‘(2) COORDINATION WITH CENTERS FOR EN15
ERGY AND ENVIRONMENTAL KNOWLEDGE AND OUT16
REACH.—An industrial research and assessment cen17
ter may serve as a Center for Energy and Environ18
mental Knowledge and Outreach established pursu19
ant to section 174 of the American Clean Energy
20 and Security Act of 2009.’’.
21 (c) ADDITIONAL FUNDING FOR CLEAN ENERGY AP22
PLICATION CENTERS.—Subsection (g) of section 375 of
23 the Energy Policy and Conservation Act (42 U.S.C.
24 6345(f)), as redesignated by subsection (b)(1) of this sec25
tion, is amended by striking ‘‘$10,000,000 for each of fis-
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And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

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Re: TEXT of HR2454 Posted in Sections
« Reply #14 on: June 27, 2009, 03:09:48 pm »
===================================================
TITLE I - Clean Energy
===================================================
Subtitle I: Nuclear and Advanced Technologies
===================================================

243
H.L.C.
1 cal years 2008 through 2012’’ and inserting ‘‘$30,000,000
2 for fiscal year 2010 and each fiscal year thereafter’’.
3 Subtitle I—Nuclear and Advanced
4 Technologies
5 SEC. 181. REVISIONS TO LOAN GUARANTEE PROGRAM AU6
THORITY.
7 (a) DEFINITION OF CONDITIONAL COMMITMENT.—
8 Section 1701 of the Energy Policy Act of 2005 (42 U.S.C.
9 16511), as amended by section 130(a) of this Act, is
10 amended by adding after paragraph (7) the following:
11 ‘‘(8) CONDITIONAL COMMITMENT.—The term
12 ‘conditional commitment’ means a final term sheet
13 negotiated between the Secretary and a project
14 sponsor or sponsors, which term sheet shall be bind15
ing on both parties and become a final loan guar16
antee agreement if all conditions precedent estab17
lished in the term sheet, which shall include the ac18
quisition of all necessary permits and licenses, are
19 satisfied.’’.
20 (b) SPECIFIC APPROPRIATION OR CONTRIBUTION.—
21 Section 1702 of the Energy Policy Act of 2005 (42 U.S.C.
22 16512) is amended by striking subsection (b) and insert23
ing the following:
24 ‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBU25
TION.—
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1 ‘‘(1) IN GENERAL.—No guarantee shall be
2 made unless—
3 ‘‘(A) an appropriation for the cost has
4 been made;
5 ‘‘(B) the Secretary has received from the
6 borrower a payment in full for the cost of the
7 obligation and deposited the payment into the
8 Treasury; or
9 ‘‘(C) a combination of appropriations or
10 payments from the borrower has been made
11 sufficient to cover the cost of the obligation.
12 ‘‘(2) LIMITATION.—The source of payments re13
ceived from a borrower under paragraph (1)(B) shall
14 not be a loan or other debt obligation that is made
15 or guaranteed by the Federal Government.’’.
16 (c) FEES.—Section 1702(h) of the Energy Policy Act
17 of 2005 (42 U.S.C. 16512(h)) is amended by striking
18 paragraph (2) and inserting the following:
19 ‘‘(2) AVAILABILITY.—Fees collected under this
20 subsection shall—
21 ‘‘(A) be deposited by the Secretary into a
22 special fund in the Treasury to be known as the
23 ‘Incentives For Innovative Technologies Fund’;
24 and
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H.L.C.
1 ‘‘(B) remain available to the Secretary for
2 expenditure, without further appropriation or
3 fiscal year limitation, for administrative ex4
penses incurred in carrying out this title.’’.
5 (d) WAGE RATE REQUIREMENTS.—Section 1702 of
6 the Energy Policy Act of 2005 (42 U.S.C. 16512) is
7 amended by adding at the end the following new sub8
section:
9 ‘‘(k) WAGE RATE REQUIREMENTS.—No loan guar10
antee shall be made under this title unless the borrower
11 has provided to the Secretary reasonable assurances that
12 all laborers and mechanics employed by contractors and
13 subcontractors in the performance of construction work fi14
nanced in whole or in part by the guaranteed loan will
15 be paid wages at rates not less than those prevailing on
16 projects of a character similar to the contract work in the
17 civil subdivision of the State in which the contract work
18 is to be performed as determined by the Secretary of
19 Labor in accordance with subchapter IV of chapter 31 of
20 part A of subtitle II of title 40, United States Code. With
21 respect to the labor standards specified in this subsection,
22 the Secretary of Labor shall have the authority and func23
tions set forth in Reorganization Plan Numbered 14 of
24 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145
25 of title 40, United States Code.’’.
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H.L.C.
1 (e) SUBROGATION.—Section 1702(g)(2) of the En2
ergy Policy Act of 2005 (42 U.S.C. 16512(g)(2)) is
3 amended by striking subparagraphs (B) and (C) and in4
serting the following:
5 ‘‘(B) SUPERIORITY OF RIGHTS.—Except as
6 provided in subparagraph (C), the rights of the
7 Secretary, with respect to any property ac8
quired pursuant to a guarantee or related
9 agreements, shall be superior to the rights of
10 any other person with respect to the property.
11 ‘‘(C) TERMS AND CONDITIONS.—A guar12
antee agreement shall include such detailed
13 terms and conditions as the Secretary deter14
mines appropriate to—
15 ‘‘(i) protect the financial interests of
16 the United States in the case of default;
17 ‘‘(ii) have available all the patents and
18 technology necessary for any person se19
lected, including the Secretary, to complete
20 and operate the project;
21 ‘‘(iii) provide for sharing the proceeds
22 received from the sale of project assets
23 with other creditors or control the disposi24
tion of project assets if necessary to pro-
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H.L.C.
1 tect the financial interests of the United
2 States in the case of default; and
3 ‘‘(iv) provide such lien priority in
4 project assets as necessary to protect the
5 financial interests of the United States in
6 the case of a default.’’.
7 SEC. 182. PURPOSE.
8 The purpose of sections 183 through 189 of this sub9
title is to promote the domestic development and deploy10
ment of clean energy technologies required for the 21st
11 century through the establishment of a self-sustaining
12 Clean Energy Deployment Administration that will pro13
vide for an attractive investment environment through
14 partnership with and support of the private capital market
15 in order to promote access to affordable financing for ac16
celerated and widespread deployment of—
17 (1) clean energy technologies;
18 (2) advanced or enabling energy infrastructure
19 technologies;
20 (3) energy efficiency technologies in residential,
21 commercial, and industrial applications, including
22 end-use efficiency in buildings; and
23 (4) manufacturing technologies for any of the
24 technologies or applications described in this section.
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H.L.C.
1 SEC. 183. DEFINITIONS.
2 In this subtitle:
3 (1) ADMINISTRATION.—The term ‘‘Administra4
tion’’ means the Clean Energy Deployment Adminis5
tration established by section 186.
6 (2) ADVISORY COUNCIL.—The term ‘‘Advisory
7 Council’’ means the Energy Technology Advisory
8 Council of the Administration.
9 (3) BREAKTHROUGH TECHNOLOGY.—The term
10 ‘‘breakthrough technology’’ means a clean energy
11 technology that—
12 (A) presents a significant opportunity to
13 advance the goals developed under section 185,
14 as assessed under the methodology established
15 by the Advisory Council; but
16 (B) has generally not been considered a
17 commercially ready technology as a result of
18 high perceived technology risk or other similar
19 factors.
20 (4) CLEAN ENERGY TECHNOLOGY.—The term
21 ‘‘clean energy technology’’ means a technology re22
lated to the production, use, transmission, storage,
23 control, or conservation of energy—
24 (A) that will contribute to a stabilization of
25 atmospheric greenhouse gas concentrations
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H.L.C.
1 thorough reduction, avoidance, or sequestration
2 of energy-related emissions and—
3 (i) reduce the need for additional en4
ergy supplies by using existing energy sup5
plies with greater efficiency or by transmit6
ting, distributing, or transporting energy
7 with greater effectiveness through the in8
frastructure of the United States; or
9 (ii) diversify the sources of energy
10 supply of the United States to strengthen
11 energy security and to increase supplies
12 with a favorable balance of environmental
13 effects if the entire technology system is
14 considered; and
15 (B) for which, as determined by the Ad16
ministrator, insufficient commercial lending is
17 available at affordable rates to allow for wide18
spread deployment.
19 (5) COST.—The term ‘‘cost’’ has the meaning
20 given the term in section 502 of the Federal Credit
21 Reform Act of 1990 (2 U.S.C. 661a).
22 (6) DIRECT LOAN.—The term ‘‘direct loan’’ has
23 the meaning given the term in section 502 of the
24 Federal Credit Reform Act of 1990 (2 U.S.C. 661a).
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H.L.C.
1 (7) FUND.—The term ‘‘Fund’’ means the Clean
2 Energy Investment Fund established by section
3 184(a).
4 (8) GREEN BONDS.—The term ‘‘Green Bonds’’
5 means bonds issued pursuant to section 184.
6 (8) LOAN GUARANTEE.—The term ‘‘loan guar7
antee’’ has the meaning given the term in section
8 502 of the Federal Credit Reform Act of 1990 (2
9 U.S.C. 661a).
10 (9) NATIONAL LABORATORY.—The term ‘‘Na11
tional Laboratory’’ has the meaning given the term
12 in section 2 of the Energy Policy Act of 2005 (42
13 U.S.C. 15801).
14 (10) SECRETARY.—The term ‘‘Secretary’’
15 means the Secretary of Energy.
16 (11) STATE.—The term ‘‘State’’ means—
17 (A) a State;
18 (B) the District of Columbia;
19 (C) the Commonwealth of Puerto Rico;
20 and
21 (D) any other territory or possession of the
22 United States.
23 (12) TECHNOLOGY RISK.—The term ‘‘tech24
nology risk’’ means the risks during construction or
25 operation associated with the design, development,
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H.L.C.
1 and deployment of clean energy technologies (includ2
ing the cost, schedule, performance, reliability and
3 maintenance, and accounting for the perceived risk),
4 from the perspective of commercial lenders, that
5 may be increased as a result of the absence of ade6
quate historical construction, operating, or perform7
ance data from commercial applications of the tech8
nology.
9 SEC. 184. CLEAN ENERGY INVESTMENT FUND.
10 (a) ESTABLISHMENT.—There is established in the
11 Treasury of the United States a revolving fund, to be
12 known as the ‘‘Clean Energy Investment Fund’’, con13
sisting of—
14 (1) such amounts as are deposited in the Fund
15 under this subtitle; and
16 (2) such sums as may be appropriated to sup17
plement the Fund.
18 (b) AUTHORIZATION OF APPROPRIATIONS.—There
19 are authorized to be appropriated to the Fund such sums
20 as are necessary to carry out this subtitle.
21 (c) EXPENDITURES FROM FUND.—
22 (1) IN GENERAL.—Amounts in the Fund shall
23 be available to the Administrator of the Administra24
tion for obligation without fiscal year limitation, to
25 remain available until expended.
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H.L.C.
1 (2) ADMINISTRATIVE EXPENSES.—
2 (A) FEES.—Fees collected for administra3
tive expenses shall be available without limita4
tion to cover applicable expenses.
5 (B) FUND.—To the extent that adminis6
trative expenses are not reimbursed through
7 fees, an amount not to exceed 1.5 percent of
8 the amounts in the Fund as of the beginning of
9 each fiscal year shall be available to pay the ad10
ministrative expenses for the fiscal year nec11
essary to carry out this subtitle.
12 (d) TRANSFERS OF AMOUNTS.—
13 (1) IN GENERAL.—The amounts required to be
14 transferred to the Fund under this section shall be
15 transferred at least monthly from the general fund
16 of the Treasury to the Fund on the basis of esti17
mates made by the Secretary of the Treasury.
18 (2) ADJUSTMENTS.—Proper adjustment shall
19 be made in amounts subsequently transferred to the
20 extent prior estimates were in excess of or less than
21 the amounts required to be transferred.
22 (3) CASH FLOWS.—Cash flows associated with
23 costs of the Fund described in section 502(5)(B) of
24 the Federal Credit Reform Act of 1990 (2 U.S.C.
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H.L.C.
1 661a(5)(B)) shall be transferred to appropriate
2 credit accounts.
3 (e) GREEN BONDS.—
4 (1) INITIAL CAPITALIZATION.—The Secretary
5 of the Treasury shall issue Green Bonds in the
6 amount of $7,500,000,000 on the credit of the
7 United States to acquire capital stock of the Admin8
istration. Stock certificates evidencing ownership in
9 the Administration shall be issued by the Adminis10
tration to the Secretary of the Treasury, to the ex11
tent of payments made for the capital stock of the
12 Administration.
13 (2) DENOMINATIONS AND MATURITY.—Green
14 Bonds shall be in such forms and denominations,
15 and shall mature within such periods, as determined
16 by the Secretary of the Treasury.
17 (3) INTEREST.—Green Bonds shall bear inter18
est at a rate not less than the current average yield
19 on outstanding market obligations of the United
20 States of comparable maturity during the month
21 preceding the issuance of the obligation as deter22
mined by the Secretary of the Treasury.
23 (4) LAWFUL INVESTMENTS.—Green Bonds
24 shall be lawful investments, and may be accepted as
25 security for all fiduciary, trust, and public funds, the
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H.L.C.
1 investment or deposit of which shall be under the
2 authority or control of the United States or any offi3
cer or officers thereof.
4 SEC. 185. ENERGY TECHNOLOGY DEPLOYMENT GOALS.
5 (a) GOALS.—Not later than 1 year after the date of
6 enactment of this Act, the Secretary, after consultation
7 with the Advisory Council, shall develop and publish for
8 review and comment in the Federal Register recommended
9 near-, medium-, and long-term goals (including numerical
10 performance targets at appropriate intervals to measure
11 progress toward those goals) for the deployment of clean
12 energy technologies through the credit support programs
13 established by section 187 to promote—
14 (1) sufficient electric generating capacity using
15 clean energy technologies to meet the energy needs
16 of the United States;
17 (2) clean energy technologies in vehicles and
18 fuels that will substantially reduce the reliance of
19 the United States on foreign sources of energy and
20 insulate consumers from the volatility of world en21
ergy markets;
22 (3) a domestic commercialization and manufac23
turing capacity that will establish the United States
24 as a world leader in clean energy technologies across
25 multiple sectors;
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H.L.C.
1 (4) installation of sufficient infrastructure to
2 allow for the cost-effective deployment of clean en3
ergy technologies appropriate to each region of the
4 United States;
5 (5) the transformation of the building stock of
6 the United States to zero net energy consumption;
7 (6) the recovery, use, and prevention of waste
8 energy;
9 (7) domestic manufacturing of clean energy
10 technologies on a scale that is sufficient to achieve
11 price parity with conventional energy sources;
12 (8) domestic production of commodities and
13 materials (such as steel, chemicals, polymers, and
14 cement) using clean energy technologies so that the
15 United States will become a world leader in environ16
mentally sustainable production of the commodities
17 and materials;
18 (9) a robust, efficient, and interactive electricity
19 transmission grid that will allow for the incorpora20
tion of clean energy technologies, distributed genera21
tion, and demand-response in each regional electric
22 grid;
23 (10) sufficient availability of financial products
24 to allow owners and users of residential, retail, com25
mercial, and industrial buildings to make energy ef-
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H.L.C.
1 ficiency and distributed generation technology in2
vestments with reasonable payback periods; and
3 (11) such other goals as the Secretary, in con4
sultation with the Advisory Council, determines to be
5 consistent with the purpose stated in section 182.
6 (b) REVISIONS.—The Secretary shall revise the goals
7 established under subsection (a), from time to time as ap8
propriate, to account for advances in technology and
9 changes in energy policy.
10 SEC. 186. CLEAN ENERGY DEPLOYMENT ADMINISTRATION.
11 (a) ESTABLISHMENT.—
12 (1) ESTABLISHMENT OF CORPORATION.—There
13 is established a corporation to be known as the
14 Clean Energy Deployment Administration that shall
15 be wholly owned by the United States.
16 (2) INDEPENDENT CORPORATION.—The Admin17
istration shall be an independent corporation. Nei18
ther the Administration nor any of its functions,
19 powers, or duties shall be transferred to or consoli20
dated with any other department, agency, or cor21
poration of the Government unless the Congress pro22
vides otherwise.
23 (3) CHARTER.—The Administration shall be
24 chartered for 20 years from the date of enactment
25 of this section.
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H.L.C.
1 (4) STATUS.—
2 (A) INSPECTOR GENERAL.—Section 12 of
3 the Inspector General Act of 1978 (5 U.S.C.
4 App.) is amended—
5 (i) in paragraph (1), by inserting ‘‘the
6 Administrator of the Clean Energy Deploy7
ment Administration;’’ after ‘‘Export-Im8
port Bank;’’; and
9 (ii) in paragraph (2), by inserting
10 ‘‘the Clean Energy Deployment Adminis11
tration,’’ after ‘‘Export-Import Bank,’’.
12 (3) OFFICES.—
13 (A) PRINCIPAL OFFICE.—The Administra14
tion shall—
15 (i) maintain the principal office of the
16 Administration in the national capital re17
gion; and
18 (ii) for purposes of venue in civil ac19
tions, be considered to be a resident of the
20 District of Columbia.
21 (B) OTHER OFFICES.—The Administration
22 may establish other offices in such other places
23 as the Administration considers necessary or
24 appropriate for the conduct of the business of
25 the Administration.
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H.L.C.
1 (b) ADMINISTRATOR.—
2 (1) IN GENERAL.—The Administrator of the
3 Administration shall be—
4 (A) appointed by the President, with the
5 advice and consent of the Senate, for a 5-year
6 term; and
7 (B) compensated at the prevailing rate for
8 compensation for similar positions in industry.
9 (2) DUTIES.—The Administrator of the Admin10
istration shall—
11 (A) serve as the Chief Executive Officer of
12 the Administration and Chairman of the Board;
13 (B) ensure that—
14 (i) the Administration operates in a
15 safe and sound manner, including mainte16
nance of adequate capital and internal con17
trols (consistent with section 404 of the
18 Sarbanes-Oxley Act of 2002 (15 U.S.C.
19 7262));
20 (ii) the operations and activities of the
21 Administration foster liquid, efficient, com22
petitive, and resilient energy and energy ef23
ficiency finance markets;
24 (iii) the Administration carries out the
25 purpose stated in section 182 only through
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H.L.C.
1 activities that are authorized under and
2 consistent with sections 182 through 189;
3 and
4 (iv) the activities of the Administra5
tion and the manner in which the Adminis6
tration is operated are consistent with the
7 public interest;
8 (C) develop policies and procedures for the
9 Administration that will—
10 (i) promote a self-sustaining portfolio
11 of investments that will maximize the value
12 of investments to effectively promote clean
13 energy technologies;
14 (ii) promote transparency and open15
ness in Administration operations;
16 (iii) afford the Administration with
17 sufficient flexibility to meet the purpose
18 stated in section 182; and
19 (iv) provide for the efficient proc20
essing of applications; and
21 (D) with the concurrence of the Board, set
22 expected loss reserves for the support provided
23 by the Administration consistent with section
24 187(c).
25 (c) BOARD OF DIRECTORS.—
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1 (1) IN GENERAL.—The Board of Directors of
2 the Administration shall consist of—
3 (A) the Secretary or the designee of the
4 Secretary, who shall serve as an ex-officio mem5
ber of the Board of Directors;
6 (B) the Secretary of the Treasury or the
7 designee of the Secretary, who shall serve as an
8 ex-officio member of the Board of Directors;
9 (C) the Secretary of the Interior or the
10 designee of the Secretary, who shall serve as an
11 ex-officio member of the Board of Directors;
12 (D) the Secretary of Agriculture or the
13 designee of the Secretary, who shall serve as an
14 ex officio member of the Board of Directors;
15 (E) the Administrator of the Administra16
tion, who shall serve as the Chairman of the
17 Board of Directors; and
18 (F) 4 additional members who shall—
19 (i) be appointed by the President,
20 with the advice and consent of the Senate,
21 for staggered 5-year terms; and
22 (ii) have experience in banking, finan23
cial services, technology assessment, energy
24 regulation, or risk management, including
25 individuals with substantial experience in
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H.L.C.
1 the development of energy projects, the
2 electricity generation sector, the transpor3
tation sector, the manufacturing sector,
4 and the energy efficiency sector.
5 (2) DUTIES.—The Board of Directors shall—
6 (A) oversee the operations of the Adminis7
tration and ensure industry best practices are
8 followed in all financial transactions involving
9 the Administration;
10 (B) consult with the Administrator of the
11 Administration on the general policies and pro12
cedures of the Administration to ensure the in13
terests of the taxpayers are protected;
14 (C) ensure the portfolio of investments are
15 consistent with purpose stated in section 182
16 and with the long-term financial stability of the
17 Administration;
18 (D) ensure that the operations and activi19
ties of the Administration are consistent with
20 the development of a robust private sector that
21 can provide commercial loans or financing prod22
ucts; and
23 (E) not serve on a full-time basis, except
24 that the Board of Directors shall meet at least
25 quarterly to review, as appropriate, applications
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1 for credit support and set policies and proce2
dures as necessary.
3 (3) REMOVAL.—An appointed member of the
4 Board of Directors may be removed from office by
5 the President for good cause.
6 (4) VACANCIES.—An appointed seat on the
7 Board of Directors that becomes vacant shall be
8 filled by appointment by the President, but only for
9 the unexpired portion of the term of the vacating
10 member.
11 (5) COMPENSATION OF MEMBERS.—An ap12
pointed member of the Board of Directors shall be
13 compensated at the prevailing rate for compensation
14 for similar positions in industry.
15 (d) ENERGY TECHNOLOGY ADVISORY COUNCIL.—
16 (1) IN GENERAL.—The Administration shall
17 have an Energy Technology Advisory Council con18
sisting of 8 members selected by the Board of Direc19
tors of the Administration.
20 (2) QUALIFICATIONS.—The members of the Ad21
visory Council shall—
22 (A) have clean energy project development,
23 clean energy finance, commercial, and/or rel24
evant scientific expertise; and
25 (B) include representatives of—
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1 (i) the academic community;
2 (ii) the private research community;
3 (iii) National Laboratories;
4 (iv) the technology or project develop5
ment community; and
6 (v) the commercial energy financing
7 and operations sector.
8 (3) DUTIES.—The Advisory Council shall—
9 (A) develop and publish for comment in
10 the Federal Register a methodology for assess11
ment of clean energy technologies that will
12 allow the Administration to evaluate projects
13 based on the progress likely to be achieved per14
dollar invested in maximizing the attributes of
15 the definition of clean energy technology, taking
16 into account the extent to which support for a
17 clean energy technology is likely to accrue sub18
sequent benefits that are attributable to a com19
mercial scale deployment taking place earlier
20 than that which otherwise would have occurred
21 without the support; and
22 (B) advise on the technological approaches
23 that should be supported by the Administration
24 to meet the technology deployment goals estab25
lished by the Secretary pursuant to section 185.
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1 (4) TERM.—
2 (A) IN GENERAL.—Members of the Advi3
sory Council shall have 5-year staggered terms,
4 as determined by the Administrator of the Ad5
ministration.
6 (B) REAPPOINTMENT.—A member of the
7 Advisory Council may be reappointed.
8 (5) COMPENSATION.—A member of the Advi9
sory Council, who is not otherwise compensated as
10 a Federal employee, shall be compensated at a rate
11 equal to the daily equivalent of the annual rate of
12 basic pay prescribed for level IV of the Executive
13 Schedule under section 5315 of title 5, United
14 States Code, for each day (including travel time)
15 during which the member is engaged in the perform16
ance of the duties of the Advisory Council.
17 (e) STAFF.—
18 (1) IN GENERAL.—The Administrator of the
19 Administration, in consultation with the Board of
20 Directors, may—
21 (A) appoint and terminate such officers,
22 attorneys, employees, and agents as are nec23
essary to carry out this subtitle; and
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1 (B) vest those personnel with such powers
2 and duties as the Administrator of the Adminis3
tration may determine.
4 (f) CONFLICTS OF INTEREST.—No director, officer,
5 attorney, agent, or employee of the Administration shall
6 in any manner, directly or indirectly, participate in the
7 deliberation upon, or the determination of, any question
8 affecting such individual’s personal interests, or the inter9
ests of any corporation, partnership, or association in
10 which such individual is directly or indirectly personally
11 interested.
12 (g) SUNSET.—
13 (1) EXPIRATION OF CHARTER.—The Adminis14
tration shall continue to exercise its functions until
15 all obligations and commitments of the Administra16
tion are discharged, even after its charter has ex17
pired.
18 (2) PRIOR OBLIGATIONS.—No provisions of this
19 subsection shall be construed as preventing the Ad20
ministration from—
21 (A) undertaking obligations prior to the
22 date of the expiration of its charter which ma23
ture subsequent to such date;
24 (B) assuming, prior to the date of the ex25
piration of its charter, liability as guarantor,
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1 endorser, or acceptor of obligations which ma2
ture subsequent to such date; or
3 (C) continuing as a corporation and exer4
cising any of its functions subsequent to the
5 date of the expiration of its charter for pur6
poses of orderly liquidation, including the ad7
ministration of its assets and the collection of
8 any obligations held by the Administration.
9 SEC. 187. DIRECT SUPPORT.
10 (a) IN GENERAL.—The Administration may issue di11
rect loans, letters of credit, and loan guarantees to deploy
12 clean energy technologies if the Administrator of the Ad13
ministration has determined that deployment of the tech14
nologies would benefit or be accelerated by the support.
15 (b) ELIGIBILITY CRITERIA.—In carrying out this sec16
tion and awarding credit support to projects, the Adminis17
trator of the Administration shall account for—
18 (1) how the technology rates based on an eval19
uation methodology established by the Advisory
20 Council;
21 (2) how the project fits with the goals estab22
lished under section 185; and
23 (3) the potential for the applicant to success24
fully complete the project.
25 (c) RISK.—
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1 (1) EXPECTED LOAN LOSS RESERVE.—The Ad2
ministrator of the Administration shall establish an
3 expected loan loss reserve to account for estimated
4 losses attributable to activities under this section
5 that is consistent with the purposes of—
6 (A) developing breakthrough technologies
7 to the point at which technology risk is largely
8 mitigated;
9 (B) achieving widespread deployment and
10 advancing the commercial viability of clean en11
ergy technologies; and
12 (C) advancing the goals established under
13 section 185.
14 (2) INITIAL EXPECTED LOAN LOSS RESERVE.—
15 Until such time as the Administrator of the Admin16
istration determines sufficient data exist to establish
17 an expected loan loss reserve that is appropriate, the
18 Administrator of the Administration shall consider
19 establishing an initial rate of 10 percent for the
20 portfolio of investments under this subtitle.
21 (3) PORTFOLIO INVESTMENT APPROACH.—The
22 Administration shall—
23 (A) use a portfolio investment approach to
24 mitigate risk and diversify investments across
25 technologies and ensure that no particular tech-
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1 nology is provided more than 30 percent of the
2 financial support available;
3 (B) to the maximum extent practicable and
4 consistent with long-term self-sufficiency, weigh
5 the portfolio of investments in projects to ad6
vance the goals established under section 185;
7 (C) consistent with the expected loan loss
8 reserve established under this subsection, the
9 purpose stated in section 182, and section
10 186(b)(2)(B), provide the maximum practicable
11 percentage of support to promote breakthrough
12 technologies; and
13 (D) give the highest priority to investments
14 that promote technologies that will achieve the
15 maximum greenhouse gas emission reductions
16 within a reasonable period of time per dollar in17
vested and the earliest reductions in greenhouse
18 gas emissions.
19 (4) LOSS RATE REVIEW.—
20 (A) IN GENERAL.—The Board of Directors
21 shall review on an annual basis the loss rates
22 of the portfolio to determine the adequacy of
23 the reserves.
24 (B) REPORT.—Not later than 90 days
25 after the date of the initiation of the review, the
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1 Administrator of the Administration shall sub2
mit to the Committee on Energy and Natural
3 Resources and the Committee on Finance of the
4 Senate, and the Committee on Energy and
5 Commerce and the Committee on Ways and
6 Means of the House of Representatives a report
7 describing the results of the review and any rec8
ommended policy changes.
9 (5) FEDERAL COST SHARE.—Direct loans, let10
ters of credit and loan guarantees by the Adminis11
tration shall not exceed an amount equal to 80 per12
cent of the project cost of the facility that is the
13 subject of the loan, letter of credit or loan guar14
antee, as estimated at the time at which the loan,
15 letter of credit or loan guarantee is issued.
16 (d) APPLICATION REVIEW.—
17 (1) IN GENERAL.—To the maximum extent
18 practicable and consistent with sound business prac19
tices, the Administration shall seek to consolidate re20
views of applications for credit support under this
21 subtitle such that final decisions on applications can
22 generally be issued not later than 180 days after the
23 date of submission of a completed application.
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1 (2) ENVIRONMENTAL REVIEW.—In carrying out
2 this subtitle, the Administration shall, to the max3
imum extent practicable—
4 (A) avoid duplicating efforts that have al5
ready been undertaken by other agencies (in6
cluding State agencies acting under Federal
7 programs); and
8 (B) with the advice of the Council on Envi9
ronmental Quality and any other applicable
10 agencies, use the administrative records of simi11
lar reviews conducted throughout the executive
12 branch to develop the most expeditious review
13 process practicable.
14 (e) WAGE RATE REQUIREMENTS.—
15 (1) IN GENERAL.—No credit support shall be
16 issued under this section unless the borrower has
17 provided to the Administrator of the Administration
18 reasonable assurances that all laborers and mechan19
ics employed by contractors and subcontractors in
20 the performance of construction work financed in
21 whole or in part by the Administration will be paid
22 wages at rates not less than those prevailing on
23 projects of a character similar to the contract work
24 in the civil subdivision of the State in which the con25
tract work is to be performed as determined by the
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1 Secretary of Labor in accordance with subchapter
2 IV of chapter 31 of part A of subtitle II of title 40,
3 United States Code.
4 (2) LABOR STANDARDS.—With respect to the
5 labor standards specified in this subsection, the Sec6
retary of Labor shall have the authority and func7
tions set forth in Reorganization Plan Numbered 14
8 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
9 3145 of title 40, United States Code.
10 (f) LIMITATIONS.—(1) The Administration shall not
11 provide direct support as defined under this section or in12
direct support as defined under section 188 to an indi13
vidual clean energy technology project that obtained a loan
14 guarantee under title XVII of the Energy Policy Act of
15 2005.
16 (2) No direct or indirect support provided by the Ad17
ministration may be used to pay any part of the cost of
18 an obligation or a loan guarantee under Title XVII of the
19 Energy Policy Act of 2005.
20 SEC. 188. INDIRECT SUPPORT.
21 (a) IN GENERAL.—For the purpose of enhancing the
22 availability of private financing for clean energy tech23
nology deployment, the Administration may—
24 (1) provide credit support to portfolios of tax25
able debt obligations originated by state, local, and
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H.L.C.
1 private sector entities that enable owners and users
2 of buildings and industrial facilities to—
3 (A) significantly increase the energy effi4
ciency of such buildings or facilities; or
5 (B) install systems that individually gen6
erate electricity from renewable energy re7
sources and have a capacity of no more than 2
8 megawatts;
9 (2) facilitate financing transactions in tax eq10
uity markets and long-term purchasing of clean en11
ergy by state, local, and non-governmental not-for12
profit entities, to the degree and extent that the Ad13
ministration determines such financing activity is
14 appropriate and consistent with carrying out the
15 purposes described in Section 182 of this Act; and
16 (3) provide credit support to portfolios of tax17
able debt obligations originated by state, local, and
18 private sector entities that enable the deployment of
19 energy storage applications for electric drive vehi20
cles, stationary applications, and electricity trans21
mission and distribution.
22 (b) DEFINITIONS.—For purposes of the section:
23 (1) CREDIT SUPPORT.—The term ‘‘credit sup24
port’’ means—
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1 (A) direct loans, letters of credit, loan
2 guarantees, and insurance products; and
3 (B) the purchase or commitment to pur4
chase, or the sale or commitment to sell, debt
5 instruments (including subordinated securities).
6 (2) RENEWABLE ENERGY RESOURCE.—The
7 term ‘‘renewable energy resource’’ shall have the
8 meaning given that term in section 610 of the Public
9 Utility Regulatory Policies Act of 1978 (as added by
10 section 101 of this Act).
11 (c) TRANSPARENCY.—The Administration shall seek
12 to foster through its credit support activities—
13 (1) the development and consistent application
14 of standard contractual terms, transparent under15
writing standards and consistent measurement and
16 verification protocols, as applicable; and
17 (2) the creation of performance data that pro18
motes effective underwriting and risk management
19 to support lending markets and stimulate the devel20
opment of private investment markets.
21 (d) EXEMPT SECURITIES.—All securities insured or
22 guaranteed by the Administration shall, to the same ex23
tent as securities that are direct obligations of or obliga24
tions guaranteed as to the principal or interest by the
25 United States, be considered to be exempt securities with-
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H.L.C.
1 in the meaning of the laws administered by the Securities
2 and Exchange Commission.
3 SEC. 189. FEDERAL CREDIT AUTHORITY.
4 (a) PAYMENTS OF LIABILITIES.—
5 (1) IN GENERAL.—Any payment made to dis6
charge liabilities arising from agreements under this
7 subtitle shall be paid exclusively out of the Fund or
8 the associated credit account, as appropriate.
9 (2) SECURITY.—Subject to paragraph (1), the
10 full faith and credit of the United States is pledged
11 to the payment of all obligations entered into by the
12 Administration pursuant to this subtitle.
13 (b) FEES.—
14 (1) IN GENERAL.—Consistent with achieving
15 the purpose stated in section 182, the Administrator
16 of the Administration shall charge fees or collect
17 compensation generally in accordance with commer18
cial rates.
19 (2) AVAILABILITY OF FEES.—All fees collected
20 by the Administration may be retained by the Ad21
ministration and placed in the Fund and may re22
main available to the Administration, without fur23
ther appropriation or fiscal year limitation, for use
24 in carrying out the purpose stated in section 182.
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H.L.C.
1 (3) BREAKTHROUGH TECHNOLOGIES.—The Ad2
ministration shall charge the minimum amount in
3 fees or compensation practicable for breakthrough
4 technologies, consistent with the long-term viability
5 of the Administration, unless the Administration
6 first determines that a higher charge will not impede
7 the development of the technology.
8 (4) ALTERNATIVE FEE ARRANGEMENTS.—The
9 Administration may use such alternative arrange10
ments (such as profit participation, contingent fees,
11 and other valuable contingent interests) as the Ad12
ministration considers appropriate to compensate the
13 Administration for the expenses of the Administra14
tion and the risk inherent in the support of the Ad15
ministration.
16 (c) COST TRANSFER AUTHORITY.—Amounts col17
lected by the Administration for the cost of a loan or loan
18 guarantee shall be transferred by the Administration to
19 the respective credit accounts.
20 SEC. 190. GENERAL PROVISIONS.
21 (a) IMMUNITY FROM IMPAIRMENT, LIMITATION, OR
22 RESTRICTION.—
23 (1) IN GENERAL.—All rights and remedies of
24 the Administration (including any rights and rem25
edies of the Administration on, under, or with re-
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H.L.C.
1 spect to any mortgage or any obligation secured by
2 a mortgage) shall be immune from impairment, limi3
tation, or restriction by or under—
4 (A) any law (other than a law enacted by
5 Congress expressly in limitation of this para6
graph) that becomes effective after the acquisi7
tion by the Administration of the subject or
8 property on, under, or with respect to which the
9 right or remedy arises or exists or would so
10 arise or exist in the absence of the law; or
11 (B) any administrative or other action that
12 becomes effective after the acquisition.
13 (2) STATE LAW.—The Administrator of the Ad14
ministration may conduct the business of the Ad15
ministration without regard to any qualification or
16 law of any State relating to incorporation.
17 (b) USE OF OTHER AGENCIES.—With the consent of
18 a department, establishment, or instrumentality (including
19 any field office), the Administration may—
20 (1) use and act through any department, estab21
lishment, or instrumentality; and
22 (2) use, and pay compensation for, information,
23 services, facilities, and personnel of the department,
24 establishment, or instrumentality.
25 (c) FINANCIAL MATTERS.—
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H.L.C.
1 (1) INVESTMENTS.—Funds of the Administra2
tion may be invested in such investments as the
3 Board of Directors may prescribe. Earnings from
4 such funds, other than fees collected under section
5 189, may be spent by the Administration only to
6 such extent or in such amounts as are provided in
7 advance by appropriation Acts.
8 (2) FISCAL AGENTS.—Any Federal Reserve
9 bank or any bank as to which at the time of the des10
ignation of the bank by the Administrator of the Ad11
ministration there is outstanding a designation by
12 the Secretary of the Treasury as a general or other
13 depository of public money, may be designated by
14 the Administrator of the Administration as a deposi15
tary or custodian or as a fiscal or other agent of the
16 Administration.
17 (d) PERIODIC REPORTS.—Not later than 1 year after
18 commencement of operation of the Administration and at
19 least biannually thereafter, the Administrator of the Ad20
ministration shall submit to the Committee on Energy and
21 Natural Resources and the Committee on Finance of the
22 Senate and the Committee on Energy and Commerce and
23 the Committee on Ways and Means of the House of Rep24
resentatives a report that includes a description of—
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H.L.C.
1 (1) the technologies supported by activities of
2 the Administration and how the activities advance
3 the purpose stated in section 182; and
4 (2) the performance of the Administration on
5 meeting the goals established under section 185.
6 (g) AUDITS BY THE COMPTROLLER GENERAL.—
7 (1) IN GENERAL.—The programs, activities, re8
ceipts, expenditures, and financial transactions of
9 the Administration shall be subject to audit by the
10 Comptroller General of the United States under
11 such rules and regulations as may be prescribed by
12 the Comptroller General.
13 (2) ACCESS.—The representatives of the Gov14
ernment Accountability Office shall—
15 (A) have access to the personnel and to all
16 books, accounts, documents, records (including
17 electronic records), reports, files, and all other
18 papers, automated data, things, or property be19
longing to, under the control of, or in use by
20 the Administration, or any agent, representa21
tive, attorney, advisor, or consultant retained by
22 the Administration, and necessary to facilitate
23 the audit;
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1 (B) be afforded full facilities for verifying
2 transactions with the balances or securities held
3 by depositories, fiscal agents, and custodians;
4 (C) be authorized to obtain and duplicate
5 any such books, accounts, documents, records,
6 working papers, automated data and files, or
7 other information relevant to the audit without
8 cost to the Comptroller General; and
9 (D) have the right of access of the Comp10
troller General to such information pursuant to
11 section 716(c) of title 31, United States Code.
12 (3) ASSISTANCE AND COST.—
13 (A) IN GENERAL.—For the purpose of con14
ducting an audit under this subsection, the
15 Comptroller General may, in the discretion of
16 the Comptroller General, employ by contract,
17 without regard to section 3709 of the Revised
18 Statutes (41 U.S.C. 5), professional services of
19 firms and organizations of certified public ac20
countants for temporary periods or for special
21 purposes.
22 (B) REIMBURSEMENT.—
23 (i) IN GENERAL.—On the request of
24 the Comptroller General, the Administra25
tion shall reimburse the Government Ac-
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1 countability Office for the full cost of any
2 audit conducted by the Comptroller Gen3
eral under this subsection.
4 (ii) CREDITING.—Such reimburse5
ments shall—
6 (I) be credited to the appropria7
tion account entitled ‘‘Salaries and
8 Expenses, Government Accountability
9 Office’’ at the time at which the pay10
ment is received; and
11 (II) remain available until ex12
pended.
13 (h) ANNUAL INDEPENDENT AUDITS.—
14 (1) IN GENERAL.—The Administrator of the
15 Administration shall—
16 (A) have an annual independent audit
17 made of the financial statements of the Admin18
istration by an independent public accountant
19 in accordance with generally accepted auditing
20 standards; and
21 (B) submit to the Secretary and to the
22 Committee on Energy and Natural Resources
23 and the Committee on Finance of the Senate
24 and the Committee on Energy and Commerce
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1 and the Committee on Ways and Means of the
2 House the results of the audit.
3 (2) CONTENT.—In conducting an audit under
4 this subsection, the independent public accountant
5 shall determine and report on whether the financial
6 statements of the Administration—
7 (A) are presented fairly in accordance with
8 generally accepted accounting principles; and
9 (B) comply with any disclosure require10
ments imposed under this subtitle.
11 (i) FINANCIAL REPORTS.—
12 (1) IN GENERAL.—The Administrator of the
13 Administration shall submit to the Secretary and to
14 the Committee on Energy and Natural Resources
15 and the Committee on Finance of the Senate and
16 the Committee on Energy and Commerce and the
17 Committee on Ways and Means of the House annual
18 and quarterly reports of the financial condition and
19 operations of the Administration, which shall be in
20 such form, contain such information, and be sub21
mitted on such dates as the Secretary shall require.
22 (2) CONTENTS OF ANNUAL REPORTS.—Each
23 annual report shall include—
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1 (A) financial statements prepared in ac2
cordance with generally accepted accounting
3 principles;
4 (B) any supplemental information or alter5
native presentation that the Secretary may re6
quire; and
7 (C) an assessment (as of the end of the
8 most recent fiscal year of the Administration),
9 signed by the chief executive officer and chief
10 accounting or financial officer of the Adminis11
tration, of—
12 (i) the effectiveness of the internal
13 control structure and procedures of the
14 Administration; and
15 (ii) the compliance of the Administra16
tion with applicable safety and soundness
17 laws.
18 (3) SPECIAL REPORTS.—The Secretary may re19
quire the Administrator of the Administration to
20 submit other reports on the condition (including fi21
nancial condition), management, activities, or oper22
ations of the Administration, as the Secretary con23
siders appropriate.
24 (4) ACCURACY.—Each report of financial condi25
tion shall contain a declaration by the Administrator
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1 of the Administration or any other officer designated
2 by the Board of Directors of the Administration to
3 make the declaration, that the report is true and
4 correct to the best of the knowledge and belief of the
5 officer.
6 (5) AVAILABILITY OF REPORTS.—Reports re7
quired under this section shall be published and
8 made publicly available as soon as is practicable
9 after receipt by the Secretary.
10 (j) SPENDING SAFEGUARDS AND REPORTING.—
11 (1) IN GENERAL.—The Administrator—
12 (A) shall require any entity receiving fi13
nancing support from the Administration to re14
port quarterly, in a format specified by the Ad15
ministrator, on such entity’s use of such sup16
port and its progress fulfilling the objectives for
17 which such support was granted, and the Ad18
ministrator shall make these reports available
19 to the public;
20 (B) may establish additional reporting and
21 information requirements for any recipient of fi22
nancing support from the Administration;
23 (C) shall establish appropriate mechanisms
24 to ensure appropriate use and compliance with
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1 all terms of any financing support from the Ad2
ministration;
3 (D) shall create and maintain a fully
4 searchable database, accessible on the Internet
5 (or successor protocol) at no cost to the public,
6 that contains at least—
7 (i) a list of each entity that has ap8
plied for financing support;
9 (ii) a description of each application;
10 (iii) the status of each such applica11
tion;
12 (iv) the name of each entity receiving
13 financing support;
14 (v) the purpose for which such entity
15 is receiving such financing support;
16 (vi) each quarterly report submitted
17 by the entity pursuant to this section; and
18 (vii) such other information sufficient
19 to allow the public to understand and mon20
itor the financial support provided by the
21 Administration;
22 (E) shall make all financing transactions
23 available for public inspection, including formal
24 annual reviews by both a private auditor and
25 the Comptroller General; and
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1 (F) shall at all times be available to receive
2 public comment in writing on the activities of
3 the Administration.
4 (2) PROTECTION OF CONFIDENTIAL BUSINESS
5 INFORMATION.—To the extent necessary and appro6
priate, the Administrator may redact any informa7
tion regarding applicants and borrowers to protect
8 confidential business information.
9 SEC. 191. CONFORMING AMENDMENTS.
10 (a) TAX EXEMPT STATUS.—Subsection (l) of section
11 501 of the Internal Revenue Code of 1986 is amended by
12 adding at the end the following:
13 ‘‘(4) The Clean Energy Deployment Adminis14
tration established under section 9801 of title 31,
15 United States Code.’’.
16 (b) WHOLLY OWNED GOVERNMENT CORPORA17
TION.—Paragraph (3) of section 9101 of title 31, United
18 States Code, is amended by adding at the end the fol19
lowing:
20 ‘‘(S) the Clean Energy Deployment Admin21
istration.’’.
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And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
Re: TEXT of HR2454 Posted in Sections
« Reply #15 on: June 27, 2009, 03:11:32 pm »
===================================================
TITLE I - Clean Energy
===================================================
Subtitle J: Miscellaneous
===================================================

286
H.L.C.
1 Subtitle J—Miscellaneous
2 SEC. 195. INCREASED HYDROELECTRIC GENERATION AT
3 EXISTING FEDERAL FACILITIES.
4 (a) IN GENERAL.—The Secretary of the Interior, the
5 Secretary of Energy, and the Secretary of the Army shall
6 jointly update the study of the potential for increasing
7 electric power production capability at federally owned or
8 operated water regulation, storage, and conveyance facili9
ties required in section 1834 of the Energy Policy Act of
10 2005.
11 (b) CONTENT.—The update under this section shall
12 include identification and description in detail of each fa13
cility that is capable, with or without modification, of pro14
ducing additional hydroelectric power, including esti15
mation of the existing potential for the facility to generate
16 hydroelectric power.
17 (c) REPORT.—The Secretaries shall submit to the
18 Committees on Energy and Commerce, Natural Re19
sources, and Transportation and Infrastructure of the
20 House of Representatives and the Committee on Energy
21 and Natural Resources of the Senate a report on the find22
ings, conclusions, and recommendations of the update of
23 the study under this section by not later than 12 months
24 after the date of enactment of this Act. The report shall
25 include each of the following:
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1 (1) The identifications, descriptions, and esti2
mations referred to in subsection (b).
3 (2) A description of activities currently con4
ducted or considered, or that could be considered, to
5 produce additional hydroelectric power from each
6 identified facility.
7 (3) A summary of prior actions taken by the
8 Secretaries to produce additional hydroelectric power
9 from each identified facility.
10 (4) The costs to install, upgrade, or modify
11 equipment or take other actions to produce addi12
tional hydroelectric power from each identified facil13
ity, and the level of Federal power customer involve14
ment in the determination of such costs.
15 (5) The benefits that would be achieved by such
16 installation, upgrade, modification, or other action,
17 including quantified estimates of any additional en18
ergy or capacity from each facility identified under
19 subsection (b).
20 (6) A description of actions that are planned,
21 underway, or might reasonably be considered to in22
crease hydroelectric power production by replacing
23 turbine runners, by performing generator upgrades
24 or rewinds, or by construction of pumped storage fa25
cilities.
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1 (7) The impact of increased hydroelectric power
2 production on irrigation, water supply, fish, wildlife,
3 Indian tribes, river health, water quality, navigation,
4 recreation, fishing, and flood control.
5 (8) Any additional recommendations to increase
6 hydroelectric power production from, and reduce
7 costs and improve efficiency at, federally owned or
8 operated water regulation, storage, and conveyance
9 facilities.
10 SEC. 196. CLEAN TECHNOLOGY BUSINESS COMPETITION
11 GRANT PROGRAM.
12 (a) IN GENERAL.—The Secretary of Energy is au13
thorized to provide grants to organizations to conduct
14 business competitions that provide incentives, training,
15 and mentorship to entrepreneurs and early stage start-up
16 companies throughout the United States to meet high pri17
ority economic, environmental, and energy security goals
18 in areas to include energy efficiency, renewable energy, air
19 quality, water quality and conservation, transportation,
20 smart grid, green building, and waste management. Such
21 competitions shall have the purpose of accelerating the de22
velopment and deployment of clean technology businesses
23 and green jobs; stimulating green economic development;
24 providing business training and mentoring to early stage
25 clean technology companies; and strengthening the com-
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H.L.C.
1 petitiveness of United States clean technology industry in
2 world trade markets. Priority shall be given to business
3 competitions that are private sector led, encourage re4
gional and interregional cooperation, and can demonstrate
5 market-driven practices and show the creation of cost-ef6
fective green jobs through an annual publication of com7
petition activities and directory of companies.
8 (b) ELIGIBILITY.—An organization eligible for a
9 grant under subsection (a) is—
10 (1) any organization described in section
11 501(c)(3) of the Internal Revenue Code of 1986 and
12 exempt from tax under section 501(a) of such Code;
13 and
14 (2) any sponsored entity of an organization de15
scribed in paragraph (1) that is operated as a non16
profit entity.
17 (c) PRIORITY.—In making grants under this section,
18 the Secretary shall give priority to those organizations
19 that can demonstrate broad funding support from private
20 and other non-Federal funding sources to leverage Federal
21 investment.
22 (d) AUTHORIZATION OF APPROPRIATIONS.—For the
23 purpose of carrying out this section, there are authorized
24 to be appropriated $20,000,000.
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1 SEC. 197. NATIONAL BIOENERGY PARTNERSHIP.
2 (a) IN GENERAL.—The Secretary of Energy shall es3
tablish a National Bioenergy Partnership to provide co4
ordination among programs of State governments, the
5 Federal Government, and the private sector that support
6 the institutional and physical infrastructure necessary to
7 promote the deployment of sustainable biomass fuels and
8 bioenergy technologies for the United States.
9 (b) PROGRAM.—The National Bioenergy Partnership
10 shall consist of five regions, to be administered by the
11 CONEG Policy Research Center, the Council of Great
12 Lakes Governors, the Southern States Energy Board, the
13 Western Governors Association, and the Pacific Regional
14 Biomass Energy Partnership led by the Washington State
15 University Energy Program.
16 (c) AUTHORIZATION OF APPROPRIATIONS.—There
17 are authorized to be appropriated for each of fiscal years
18 2010 through 2014 to carry out this section—
19 (1) $5,000,000, to be allocated among the 5 re20
gions described in subsection (b) on the basis of the
21 number of States in each region, for distribution
22 among the member States of that region based on
23 procedures developed by the member States of the
24 region; and
25 (2) $2,500,000, to be allocated equally among
26 the 5 regions described in subsection (b) for region-
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1 wide activities, including technical assistance and re2
gional studies and coordination.
3 SEC. 198. OFFICE OF CONSUMER ADVOCACY.
4 Section 319 of the Federal Power Act is amended to
5 read as follows:
6 ‘‘SEC. 319. OFFICE OF CONSUMER ADVOCACY.
7 ‘‘(a) OFFICE.—
8 ‘‘(1) ESTABLISHMENT.—There is established
9 within the Commission an Office of Consumer Advo10
cacy to serve as an advocate for the public interest.
11 The Office of Administrative Litigation within the
12 Commission shall be incorporated into the Office of
13 Consumer Advocacy.
14 ‘‘(2) DIRECTOR.—The Office shall be headed by
15 a Director to be appointed by the President by and
16 with the advice and consent of the Senate from
17 among individuals who are licensed attorneys admit18
ted to the Bar of any State or of the District of Co19
lumbia and who have experience in public utility pro20
ceedings.
21 ‘‘(3) DUTIES.—The Office may—
22 ‘‘(A) represent the interests of energy cus23
tomers—
24 ‘‘(i) on matters before the Commission
25 concerning rates or service of public utili-
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1 ties and natural gas companies under the
2 jurisdiction of the Commission;
3 ‘‘(ii) as amicus curiae, in the review in
4 the courts of the United States of rulings
5 by the Commission in such matters; and
6 ‘‘(iii) as amicus, in hearings and pro7
ceedings in other Federal regulatory agen8
cies and commissions related to such mat9
ters;
10 ‘‘(B) monitor and review energy customer
11 complaints and grievances on matters con12
cerning rates or service of public utilities and
13 natural gas companies under the jurisdiction of
14 the Commission;
15 ‘‘(C) investigate independently, or within
16 the context of formal proceedings, the services
17 provided by, the rates charged by, and the valu18
ation of the properties of, public utilities and
19 natural gas companies under the jurisdiction of
20 the Commission;
21 ‘‘(D) develop means, such as public dis22
semination of information, consultative services,
23 and technical assistance, to ensure, to the max24
imum extent practicable, that the interests of
25 energy consumers are adequately represented in
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1 the course of any hearing or proceeding de2
scribed in subparagraph (A);
3 ‘‘(E) collect data concerning rates or serv4
ice of public utilities and natural gas companies
5 under the jurisdiction of the Commission; and
6 ‘‘(F) prepare and issue reports and rec7
ommendations.
8 ‘‘(4) COMPENSATION AND POWERS.—The Di9
rector shall be compensated at Level IV of the Exec10
utive Schedule. The Director may—
11 ‘‘(A) employ not more than 25 full-time
12 professional employees at appropriate levels in
13 the GS Scale and such additional support per14
sonnel as required; and
15 ‘‘(B) procure temporary and intermittent
16 services as needed.
17 ‘‘(5) INFORMATION FROM OTHER FEDERAL
18 AGENCIES.—The Director may request, from any de19
partment, agency, or instrumentality of the United
20 States such information as he deems necessary to
21 carry out his functions under this section. Upon
22 such request, the head of the department, agency, or
23 instrumentality concerned shall, to the extent prac24
ticable and authorized by law, provide such informa25
tion to the Office.
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1 ‘‘(b) CONSUMER ADVOCACY ADVISORY COM2
MITTEE.—
3 ‘‘(1) ESTABLISHMENT.—The Director shall es4
tablish an advisory committee to be known as Con5
sumer Advocacy Advisory Committee (in this section
6 referred to as the ‘Advisory Committee’) to review
7 rates, services, and disputes and to make rec8
ommendations to the Director.
9 ‘‘(2) COMPOSITION.—The Director shall ap10
point 5 members to the Advisory Committee includ11
ing—
12 ‘‘(A) 2 individuals representing State util13
ity consumer advocates; and
14 ‘‘(B) 1 individual, from a nongovernmental
15 organization representing consumers.
16 ‘‘(3) MEETINGS.—The Advisory Committee
17 shall meet at such frequency as may be required to
18 carry out its duties.
19 ‘‘(4) REPORTS.—The Director shall provide for
20 the publication of recommendations of the Advisory
21 Committee on the public website established for the
22 Office.
23 ‘‘(5) DURATION.—Notwithstanding any other
24 provision of law, the Advisory Committee shall con-
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H.L.C.
1 tinue in operation during the period for which the
2 Office exists.
3 ‘‘(c) DEFINITIONS.—
4 ‘‘(1) ENERGY CUSTOMER.—The term ‘energy
5 customer’ means a residential customer or a small
6 commercial customer that receives products or serv7
ices directly or indirectly from a public utility or
8 natural gas company under the jurisdiction of the
9 Commission.
10 ‘‘(2) NATURAL GAS COMPANY.—The term ‘nat11
ural gas company’ has the meaning given the term
12 in section 2 of the Natural Gas Act (15 U.S.C.
13 717a), as modified by section 601(a) of the Natural
14 Gas Policy Act of 1978 (15 U.S.C. 3431(a)).
15 ‘‘(3) OFFICE.—The term ‘Office’ means the Of16
fice of Consumer Advocacy established under this
17 section.
18 ‘‘(4) PUBLIC UTILITY.—The term ‘public util19
ity’ has the meaning given the term in section
20 201(e) of this Act.
21 ‘‘(5) SMALL COMMERCIAL CUSTOMER.—The
22 term ‘small commercial customer’ means a commer23
cial customer that has a peak demand of not more
24 than 1,000 kilowatts per hour.
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1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There
2 are authorized to be appropriated such sums as necessary
3 to carry out this section.
4 ‘‘(e) SAVINGS CLAUSE.—Nothing in this section af5
fects the rights or obligations of any State utility con6
sumer advocate.’’.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
Re: TEXT of HR2454 Posted in Sections
« Reply #16 on: June 27, 2009, 03:14:26 pm »
===================================================
TITLE II - Energy Efficiency
===================================================
Subtitle A: Building Energy Efficiency Programs - (Part 1 of 3)
===================================================

7 TITLE II—ENERGY EFFICIENCY
8 Subtitle A—Building Energy
9 Efficiency Programs
10 SEC. 201. GREATER ENERGY EFFICIENCY IN BUILDING
11 CODES.
12 Section 304 of the Energy Conservation and Produc13
tion Act (42 U.S.C. 6833) is amended to read as follows:
14 ‘‘SEC. 304. GREATER ENERGY EFFICIENCY IN BUILDING
15 CODES.
16 ‘‘(a) ENERGY EFFICIENCY TARGETS.—
17 ‘‘(1) IN GENERAL.—Except as provided in para18
graph (2) or (3), the national building code energy
19 efficiency target for the national average percentage
20 improvement of a building’s energy performance
21 when built to a code meeting the target shall be—
22 ‘‘(A) effective on the date of enactment of
23 the American Clean Energy and Security Act of
24 2009, 30 percent reduction in energy use rel-
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1 ative to a comparable building constructed in
2 compliance with the baseline code;
3 ‘‘(B) effective January 1, 2014, for resi4
dential buildings, and January 1, 2015, for
5 commercial buildings, 50 percent reduction in
6 energy use relative to the baseline code; and
7 ‘‘(C) effective January 1, 2017, for resi8
dential buildings, and January 1, 2018, for
9 commercial buildings, and every 3 years there10
after, respectively, through January 1, 2029,
11 and January 1, 2030, 5 percent additional re12
duction in energy use relative to the baseline
13 code.
14 ‘‘(2) CONSENSUS-BASED CODES.—If on any ef15
fective date specified in paragraph (1)(A), (B), or
16 (C) a successor code to the baseline codes provides
17 for greater reduction in energy use than is required
18 under paragraph (1), the overall percentage reduc19
tion in energy use provided by that successor code
20 shall be the national building code energy efficiency
21 target.
22 ‘‘(3) TARGETS ESTABLISHED BY SECRETARY.—
23 The Secretary may by rule establish a national
24 building code energy efficiency target for residential
25 or commercial buildings achieving greater reductions
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1 in energy use than the targets prescribed in para2
graph (1) or (2) if the Secretary determines that
3 such greater reductions in energy use can be
4 achieved with a code that is life cycle cost-justified
5 and technically feasible. The Secretary may by rule
6 establish a national building code energy efficiency
7 target for residential or commercial buildings achiev8
ing a reduction in energy use that is greater than
9 zero but less than the targets prescribed in para10
graph (1) or (2) if the Secretary determines that
11 such lesser target is the maximum reduction in en12
ergy use that can be achieved through a code that
13 is life cycle cost-justified and technically feasible.
14 ‘‘(4) ADDITIONAL REDUCTIONS IN ENERGY
15 USE.—Effective on January 1, 2033, and once every
16 3 years thereafter, the Secretary shall determine,
17 after notice and opportunity for comment, whether
18 further energy efficiency building code improvements
19 for residential or commercial buildings, respectively,
20 are life cycle cost-justified and technically feasible,
21 and shall establish updated national building code
22 energy efficiency targets that meet such criteria.
23 ‘‘(5) ZERO-NET-ENERGY BUILDINGS.—In set24
ting targets under this subsection, the Secretary
25 shall consider ways to support the deployment of
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H.L.C.
1 distributed renewable energy technology, and shall
2 seek to achieve the goal of zero-net-energy commer3
cial buildings established in section 422 of the En4
ergy Independence and Security Act of 2007 (42
5 U.S.C. 17082).
6 ‘‘(6) BASELINE CODE.—For purposes of this
7 section, the term ‘baseline code’ means—
8 ‘‘(A) for residential buildings, the 2006
9 International Energy Conservation Code
10 (IECC) published by the International Code
11 Council (ICC); and
12 ‘‘(B) for commercial buildings, the code
13 published in ASHRAE Standard 90.1-2004.
14 ‘‘(7) CONSULTATION.—In establishing the tar15
gets required by this section, the Secretary shall
16 consult with the Director of the National Institute of
17 Standards and Technology.
18 ‘‘(b) NATIONAL ENERGY EFFICIENCY BUILDING
19 CODES.—
20 ‘‘(1) REQUIREMENT.—
21 ‘‘(A) IN GENERAL.—There shall be estab22
lished national energy efficiency building codes
23 under this subsection, for residential and com24
mercial buildings, sufficient to meet each of the
25 national building code energy efficiency targets
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H.L.C.
1 established under subsection (a), not later than
2 the date that is one year after the deadline for
3 establishment of each such target, except that
4 the national energy efficiency building code es5
tablished to meet the target described in sub6
section (a)(1)(A) shall be established by not
7 later than 15 months after the effective date of
8 that target.
9 ‘‘(B) EXISTING CODE.—If the Secretary
10 finds prior to the date provided in subpara11
graph (A) for establishing a national code for
12 any target that one or more energy efficiency
13 building codes published by a recognized devel14
oper of national energy codes and standards
15 meet or exceed the established target, the Sec16
retary shall select the code that meets the tar17
get with the highest efficiency in the most cost18
effective manner, and such code shall be the na19
tional energy efficiency building code.
20 ‘‘(C) REQUIREMENT TO ESTABLISH
21 CODE.—If the Secretary does not make a find22
ing under subparagraph (B), the national en23
ergy efficiency building code shall be established
24 by rule by the Secretary under paragraph (2).
25 ‘‘(2) ESTABLISHMENT BY SECRETARY.—
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1 ‘‘(A) PROCEDURE.—In order to establish a
2 national energy efficiency building code as re3
quired under paragraph (1)(C), the Secretary
4 shall—
5 ‘‘(i) not later than six months prior to
6 the effective date for each target, review
7 existing and proposed codes published or
8 under review by recognized developers of
9 national energy codes and standards;
10 ‘‘(ii) determine the percentage of en11
ergy efficiency improvements that are or
12 would be achieved in such published or
13 proposed code versions relative to the tar14
get;
15 ‘‘(iii) propose improvements to such
16 published or proposed code versions suffi17
cient to meet or exceed the target; and
18 ‘‘(iv) unless a finding is made under
19 paragraph (1)(B) with respect to a code
20 published by a recognized developer of na21
tional energy codes and standards, adopt a
22 code that meets or exceeds the relevant na23
tional building code energy efficiency tar24
get by not later than one year after the ef25
fective date of each such target, and by not
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1 later than 15 months after the target is es2
tablished under subsection (a)(1)(A).
3 ‘‘(B) CALCULATIONS.—Each national en4
ergy efficiency building code established by the
5 Secretary under this paragraph shall be set at
6 the maximum level the Secretary determines is
7 life cycle cost-justified and technically feasible,
8 in accordance with the following:
9 ‘‘(i) SAVINGS CALCULATIONS.—Cal10
culations of energy savings shall take into
11 account the typical lifetimes of different
12 products, measures, and system configura13
tions.
14 ‘‘(ii) COST-EFFECTIVENESS CALCULA15
TIONS.—Calculations of life cycle cost-ef16
fectiveness shall be based on life cycle cost
17 methods and procedures under section 544
18 of the National Energy Conservation Pol19
icy Act (42 U.S.C. 8254), but shall incor20
porate to the extent feasible externalities
21 such as impacts on climate change and on
22 peak energy demand that are not already
23 incorporated in assumed energy costs.
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1 ‘‘(C) CONSIDERATIONS.—In developing a
2 national energy efficiency building code under
3 this paragraph, the Secretary shall consider—
4 ‘‘(i) for residential national energy ef5
ficiency building codes—
6 ‘‘(I) residential building stand7
ards published or proposed by
8 ASHRAE;
9 ‘‘(II) building codes published or
10 proposed by the International Code
11 Council (ICC);
12 ‘‘(III) data from the Residential
13 Energy Services Network (RESNET)
14 on compliance measures utilized by
15 consumers to qualify for the residen16
tial energy efficiency tax credits estab17
lished under the Energy Policy Act of
18 2005;
19 ‘‘(IV) data and information from
20 the Department of Energy’s Building
21 America Program;
22 ‘‘(V) data and information from
23 the Energy Star New Homes pro24
gram;
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1 ‘‘(VI) data and information from
2 the New Building Institute and simi3
lar organizations; and
4 ‘‘(VII) standards for practices
5 and materials to achieve cool roofs in
6 residential buildings, taking into con7
sideration reduced air conditioning en8
ergy use as a function of cool roofs,
9 the potential reduction in global
10 warming from increased solar reflec11
tance from buildings, and cool roofs
12 criteria in State and local building
13 codes and in national and local vol14
untary programs, without reduction of
15 otherwise applicable ceiling insulation
16 standards; and
17 ‘‘(ii) for commercial national energy
18 efficiency building codes—
19 ‘‘(I) commercial building stand20
ards proposed by ASHRAE;
21 ‘‘(II) building codes proposed by
22 the International Code Council (ICC);
23 ‘‘(III) the Core Performance Cri24
teria published by the New Buildings
25 Institute;
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1 ‘‘(IV) data and information de2
veloped by the Director of the Com3
mercial High-Performance Green
4 Building Office of the Department of
5 Energy and any public-private part6
nerships established under that Office;
7 ‘‘(V) data and information from
8 the Energy Star for Buildings pro9
gram;
10 ‘‘(VI) data and information from
11 the New Building Institute,
12 RESNET, and similar organizations;
13 and
14 ‘‘(VII) standards for practices
15 and materials to achieve cool roofs in
16 commercial buildings, taking into con17
sideration reduced air conditioning en18
ergy use as a function of cool roofs,
19 the potential reduction in global
20 warming from increased solar reflec21
tance from buildings, and cool roofs
22 criteria in State and local building
23 codes and in national and local vol24
untary programs, without reduction of
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1 otherwise applicable ceiling insulation
2 standards.
3 ‘‘(D) CONSULTATION.—In establishing any
4 national energy efficiency building code re5
quired by this section, the Secretary shall con6
sult with the Director of the National Institute
7 of Standards and Technology.
8 ‘‘(3) CONSENSUS STANDARD ASSISTANCE.—(A)
9 To support the development of consensus standards
10 that may provide the basis for national energy effi11
ciency building codes, minimize duplication of effort,
12 encourage progress through consensus, and facilitate
13 the development of greater building efficiency, the
14 Secretary shall provide assistance to recognized de15
velopers of national energy codes and standards to
16 develop, and where the relevant code has been adopt17
ed as the national code, disseminate consensus based
18 energy efficiency building codes as provided in this
19 paragraph.
20 ‘‘(B) Upon a finding by the Secretary that a
21 code developed by such a developer meets a target
22 established under subsection (a), the Secretary
23 shall—
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1 ‘‘(i) send notice of the Secretary’s finding
2 to all duly authorized or appointed State, tribal,
3 and local code agencies; and
4 ‘‘(ii) provide sufficient support to such a
5 developer to make the code available on the
6 Internet, or to accomplish distribution of such
7 code to all such State, tribal, and local code
8 agencies at no cost to the State, tribal, and
9 local code agencies.
10 ‘‘(C) The Secretary may contract with such a
11 developer and with other organizations with exper12
tise on codes to provide training for State, tribal,
13 and local code officials and building inspectors in the
14 implementation and enforcement of such code.
15 ‘‘(D) The Secretary may provide grants and
16 other support to such a developer to—
17 ‘‘(i) develop appropriate refinements to
18 such code; and
19 ‘‘(ii) support analysis of options for im20
provements in the code to meet the next sched21
uled target.
22 ‘‘(4) CODE DEVELOPED BY SECRETARY.—If the
23 Secretary establishes a national energy efficiency
24 building code under paragraph (2), the Secretary
25 shall—
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1 ‘‘(A) to the extent that such code is based
2 on a prior code developed by a recognized devel3
oper of national energy codes and standards,
4 negotiate and provide appropriate compensation
5 to such developer for the use of the code mate6
rials that remain in the code established by the
7 Secretary; and
8 ‘‘(B) disseminate the national energy effi9
ciency building codes to State, tribal, and local
10 code officials, and support training and provide
11 guidance and technical assistance to such offi12
cials as appropriate.
13 ‘‘(c) STATE ADOPTION OF ENERGY EFFICIENCY
14 BUILDING CODES.—
15 ‘‘(1) REQUIREMENT.—Not later than 1 year
16 after a national energy efficiency building code for
17 residential or commercial buildings is established or
18 revised under subsection (b), each State—
19 ‘‘(A) shall—
20 ‘‘(i) review and update the provisions
21 of its building code regarding energy effi22
ciency to meet or exceed the target met in
23 the new national energy efficiency building
24 code, to achieve equivalent or greater en25
ergy savings;
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1 ‘‘(ii) document, where local govern2
ments establish building codes, that local
3 governments representing not less than 80
4 percent of the State’s urban population
5 have adopted the new national code, or
6 have adopted local codes that meet or ex7
ceed the target met in the new national
8 code to achieve equivalent or greater en9
ergy savings; or
10 ‘‘(iii) adopt the new national code;
11 and
12 ‘‘(B) shall provide a certification to the
13 Secretary demonstrating that energy efficiency
14 building code provisions that apply pursuant to
15 subparagraph (A) in that State meet or exceed
16 the target met by the new national code, to
17 achieve equivalent or greater energy savings.
18 ‘‘(2) CONFIRMATION.—
19 ‘‘(A) REQUIREMENT.—Not later than 90
20 days after a State certification is provided
21 under paragraph (1)(B), the Secretary shall de22
termine whether the State’s energy efficiency
23 building code provisions meet the requirements
24 of this subsection.
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1 ‘‘(B) ACCEPTANCE BY SECRETARY.—If the
2 Secretary determines under subparagraph (A)
3 that the State’s energy efficiency building code
4 or codes meet the requirements of this sub5
section, the Secretary shall accept the certifi6
cation.
7 ‘‘(C) DEFICIENCY NOTICE.—If the Sec8
retary determines under subparagraph (A) that
9 the State’s building code or codes do not meet
10 the requirements of this subsection, the Sec11
retary shall identify the deficiency in meeting
12 the national building code energy efficiency tar13
get, and, to the extent possible, indicate areas
14 where further improvement in the State’s code
15 provisions would allow the deficiency to be
16 eliminated.
17 ‘‘(D) REVISION OF CODE AND RECERTIFI18
CATION.—A State may revise its code or codes
19 and submit a recertification under paragraph
20 (1)(B) to the Secretary at any time.
21 ‘‘(3) COMPLIANT CODE.—For the purposes of
22 meeting the target described in subsection (a)(1)(A)
23 for residential buildings, a State that adopts the
24 code represented in California’s Title 24-2009 by the
25 date 27 months after the date of enactment of the
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1 American Clean Energy and Security Act of 2009
2 shall be considered to have met the requirements of
3 this subsection for the applicable period.
4 ‘‘(d) APPLICATION OF NATIONAL CODE TO STATE
5 AND LOCAL JURISDICTIONS.—
6 ‘‘(1) IN GENERAL.—Upon the expiration of 18
7 months after a national energy efficiency building
8 code is established under subsection (b), in any ju9
risdiction where the State has not had a certification
10 relating to that code accepted by the Secretary
11 under subsection (c)(2)(B), and the local govern12
ment has not had a certification relating to that
13 code accepted by the Secretary under subsection
14 (e)(5), the national energy efficiency building code
15 shall become the applicable energy efficiency build16
ing code for such jurisdiction.
17 ‘‘(2) CONFLICTS.—In the event of a conflict be18
tween a provision of the national energy efficiency
19 building code and a provision of other applicable en20
ergy codes, the national energy efficiency building
21 code shall apply. If there is a conflict between a pro22
vision of the national energy efficiency building code
23 and a provision of any applicable fire code, life safe24
ty code, egress code, or accessibility code, the Sec25
retary shall take appropriate actions to resolve such
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1 conflict in a manner that does not compromise the
2 objectives of such codes.
3 ‘‘(3) STATE LEGISLATIVE ADOPTION.—In a
4 State in which the relevant building energy code is
5 adopted legislatively, the deadline in paragraph (1)
6 shall not be earlier than 1 year after the first day
7 that the legislature meets following establishment of
8 a national energy efficiency building code.
9 ‘‘(4) NOTICE OF INTENT TO ENFORCE.—A
10 State or locality that enforces building codes may as11
sume responsibility for enforcing the national energy
12 efficiency building code by notifying the Secretary to
13 that effect not later than three months after the
14 date established under paragraph (1).
15 ‘‘(5) VIOLATIONS.—Violations of this section
16 shall be defined as follows:
17 ‘‘(A) If the building is subject to the re18
quirements of a State energy efficiency building
19 code with respect to which a certification has
20 been accepted by the Secretary under sub21
section (c)(2)(B) or a local energy efficiency
22 building code with respect to which a certifi23
cation has been accepted by the Secretary pur24
suant to subsection (e)(5), or the requirements
25 of the national energy efficiency building code
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1 in a State where the State or locality has noti2
fied the Secretary of its intent to enforce the
3 provisions of the national energy efficiency
4 building code, a violation shall be determined
5 pursuant to the relevant provisions of State or
6 local law.
7 ‘‘(B) If the building is subject to the re8
quirements of a national energy efficiency build9
ing code made applicable under paragraph (1)
10 of this subsection, except as provided in sub11
paragraph (A), a violation shall be defined by
12 the Secretary pursuant to subsection (g).
13 ‘‘(e) STATE ENFORCEMENT OF ENERGY EFFICIENCY
14 BUILDING CODES.—
15 ‘‘(1) IN GENERAL.—Each State, or where appli16
cable under State law each local government, shall
17 implement and enforce applicable State or local
18 codes with respect to which a certification was ac19
cepted by the Secretary under subsection (c)(2)(B)
20 or paragraph (5) of this subsection, or the national
21 energy efficiency building codes, as provided in this
22 subsection.
23 ‘‘(2) STATE CERTIFICATION.—Not later than 2
24 years after the date of a certification under sub25
section (c)(1) or the application of a national energy
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1 efficiency building code under subsection (d)(1),
2 each State shall certify that it has—
3 ‘‘(A) achieved compliance with—
4 ‘‘(i) State codes, or, as provided under
5 State law, local codes, with respect to
6 which a certification was accepted by the
7 Secretary under subsection (c)(2)(B); or
8 ‘‘(ii) the national energy efficiency
9 building code, as applicable; or
10 ‘‘(B) for any certification submitted within
11 7 years after the date of enactment of the
12 American Clean Energy and Security Act of
13 2009, made significant progress toward achiev14
ing such compliance.
15 ‘‘(3) ACHIEVING COMPLIANCE.—A State shall
16 be considered to achieve compliance with a code de17
scribed in paragraph (2)(A) if at least 90 percent of
18 new and substantially renovated building space in
19 that State in the preceding year upon inspection
20 meets the requirements of the code. A certification
21 under paragraph (2) shall include documentation of
22 the rate of compliance based on—
23 ‘‘(A) independent inspections of a random
24 sample of the new and substantially renovated
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1 buildings covered by the code in the preceding
2 year; or
3 ‘‘(B) an alternative method that yields an
4 accurate measure of compliance as determined
5 by the Secretary.
6 ‘‘(4) SIGNIFICANT PROGRESS.—A State shall be
7 considered to have made significant progress toward
8 achieving compliance with a code described in para9
graph (2)(A) if—
10 ‘‘(A) the State has developed a plan, in11
cluding for hiring enforcement staff, providing
12 training, providing manuals and checklists, and
13 instituting enforcement programs, designed to
14 achieve full compliance within 5 years after the
15 date of the adoption of the code;
16 ‘‘(B) the State is taking significant, timely,
17 and measurable action to implement that plan;
18 ‘‘(C) the State has not reduced its expendi19
tures for code enforcement; and
20 ‘‘(D) at least 50 percent of new and sub21
stantially renovated building space in the State
22 in the preceding year upon inspection meets the
23 requirements of the code.
24 ‘‘(5) SECRETARY’S DETERMINATION.—Not later
25 than 90 days after a State certification under para-
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1 graph (2), the Secretary shall determine whether the
2 State has demonstrated that it has complied with
3 the requirements of this subsection, including accu4
rate measurement of compliance, or that it has made
5 significant progress toward compliance. If such de6
termination is positive, the Secretary shall accept
7 the certification. If the determination is negative,
8 the Secretary shall identify the areas of deficiency.
9 ‘‘(6) OUT OF COMPLIANCE.—
10 ‘‘(A) IN GENERAL.—Any State for which
11 the Secretary has not accepted a certification
12 under paragraph (5) by the dates specified in
13 paragraph (2) is out of compliance with this
14 section.
15 ‘‘(B) LOCAL COMPLIANCE.—In any State
16 that is out of compliance with this section as
17 provided in subparagraph (A), a local govern18
ment may be in compliance with this section by
19 meeting all certification requirements of this
20 subsection.
21 ‘‘(C) NONCOMPLIANCE.—Any State that is
22 not in compliance with this section, as provided
23 in subparagraph (A), shall, until the State re24
gains such compliance, be ineligible to receive—
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1 ‘‘(i) emission allowances pursuant to
2 subsection (h)(1);
3 ‘‘(ii) Federal funding in excess of that
4 State’s share (calculated according to the
5 allocation formula in section 363 of the
6 Energy Policy and Conservation Act (42
7 U.S.C. 6323)) of $125,000,000 each year;
8 and
9 ‘‘(iii) for—
10 ‘‘(I) the first year for which the
11 State is out of compliance, 25 percent
12 of any additional funding or other
13 items of monetary value otherwise
14 provided under the American Clean
15 Energy and Security Act of 2009;
16 ‘‘(II) the second year for which
17 the State is out of compliance, 50 per18
cent of any additional funding or
19 other items of monetary value other20
wise provided under the American
21 Clean Energy and Security Act of
22 2009;
23 ‘‘(III) the third year for which
24 the State is out of compliance, 75 per25
cent of any additional funding or
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1 other items of monetary value other2
wise provided under the American
3 Clean Energy and Security Act of
4 2009; and
5 ‘‘(IV) the fourth and subsequent
6 years for which the State is out of
7 compliance, 100 percent of any addi8
tional funding or other items of mone9
tary value otherwise provided under
10 the American Clean Energy and Secu11
rity Act of 2009.
12 ‘‘(f) FEDERAL ENFORCEMENT AND TRAINING.—
13 Where a State fails and local governments in that State
14 also fail to enforce the applicable State or national energy
15 efficiency building codes, the Secretary shall enforce such
16 codes, as follows:
17 ‘‘(1) The Secretary shall establish, by rule,
18 within 2 years after the date of enactment of the
19 American Clean Energy and Security Act of 2009,
20 an energy efficiency building code enforcement capa21
bility.
22 ‘‘(2) Such enforcement capability shall be de23
signed to achieve 90 percent compliance with such
24 code in any State within 1 year after the date of the
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1 Secretary’s determination that such State is out of
2 compliance with this section.
3 ‘‘(3) The Secretary may set and collect reason4
able inspection fees to cover the costs of inspections
5 required for such enforcement. Revenue from fees
6 collected shall be available to the Secretary to carry
7 out the requirements of this section upon appropria8
tion.
9 ‘‘(4) In any jurisdiction to which this subsection
10 applies, the Secretary shall coordinate enforcement
11 of the national energy efficiency building code with
12 State and local code enforcement of other building
13 codes.
14 ‘‘(5) In any jurisdiction to which this subsection
15 applies, the Secretary shall enhance compliance by
16 conducting training and education of builders and
17 other professionals in the jurisdiction concerning the
18 national energy efficiency building code.
19 ‘‘(6) The Secretary shall coordinate with profes20
sional organizations representing code officials, ar21
chitects, engineers, builders, and other experts to de22
velop training curricula concerning the national en23
ergy efficiency building code.
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1 ‘‘(7) If the Secretary enforces such codes under
2 this subsection, the Secretary may, as appropriate,
3 redefine violations of such codes.
4 ‘‘(g) ENFORCEMENT PROCEDURES.—The Secretary
5 shall propose and, not later than three years after the date
6 of enactment of the American Clean Energy and Security
7 Act of 2009, shall define by rule violations of the energy
8 efficiency building codes to be enforced by the Secretary
9 pursuant to this section, and the penalties that shall apply
10 to violators, in any jurisdiction in which the national en11
ergy efficiency building code has been made applicable
12 under subsection (d)(1). To the extent that the Secretary
13 determines that the authority to adopt and impose such
14 violations and penalties by rule requires further statutory
15 authority, the Secretary shall report such determination
16 to Congress as soon as such determination is made, but
17 not later than one year after the enactment of the Amer18
ican Clean Energy and Security Act of 2009.
19 ‘‘(h) FEDERAL SUPPORT.—
20 ‘‘(1) ALLOWANCE ALLOCATION FOR STATE
21 COMPLIANCE.—For each vintage year from 2012
22 through 2050, the Administrator shall distribute al23
lowances allocated pursuant to section 782(g)(2) of
24 the Clean Air Act to the SEED Account for each
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1 State. Such allowances shall be distributed according
2 to a formula established by the Secretary as follows:
3 ‘‘(A) One-fifth in an equal amount to each
4 of the 50 States and United States territories.
5 ‘‘(B) Two-fifths as a function of the rel6
ative energy use in all buildings in each State
7 in the most recent year for which data is avail8
able.
9 ‘‘(C) Two-fifths based on the number of
10 building construction starts recorded in each
11 State, the number of new building permits ap12
plied for in each State, or other relevant avail13
able data indicating building activity in each
14 State, in the judgment of the Secretary, for the
15 year prior to the year of the distribution.
16 ‘‘(2) ALLOWANCE ALLOCATION TO LOCAL GOV17
ERNMENTS.—In the instance that the Secretary cer18
tifies that one or more local governments are in com19
pliance with this section pursuant to subsection
20 (e)(6)(B), the Administrator shall provide to each
21 such local government the portion of the emission al22
lowances that would have been provided to that
23 State as a function of the population of that locality
24 as a proportion of the population of that State as a
25 whole.
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H.L.C.
1 ‘‘(3) UNALLOCATED ALLOWANCES.—To the ex2
tent that allowances are not provided to State or
3 local governments for lack of certification in any
4 year, those allowances shall be added to the amount
5 provided to those States and local governments that
6 are certified as eligible in that year.
7 ‘‘(4) USE OF ALLOWANCES.—Each State or
8 each local government shall use such emission allow9
ances as it receives pursuant to this section exclu10
sively for the purposes of this section, including cov11
ering a reasonable portion of the costs of the devel12
opment, adoption, implementation, and enforcement
13 of a State or local energy efficiency building code
14 that meets the national building code energy effi15
ciency targets, or the national energy efficiency
16 building code. In a State where local governments
17 provide substantially all building code enforcement,
18 a minimum of 50 percent of the allowance value re19
ceived pursuant to this section shall be distributed to
20 local governments as a function of the relative popu21
lations of such localities. In a State where local and
22 State governments share building code enforcement
23 duties, the State and local shares of allowance value
24 required for enforcement shall be allocated in pro25
portion to the number of building inspections per-
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H.L.C.
1 formed by each level of government, and the share
2 for local governments shall be distributed as a func3
tion of the relative populations of such localities.
4 States shall further ensure that the allowance value
5 made available pursuant to section 782 of the Clean
6 Air Act and section 132 of the American Clean En7
ergy and Security Act of 2009 is provided to the ap8
plicable State or local governmental entities as nec9
essary to adopt and implement energy efficiency
10 building codes, provide training for inspectors, en11
sure compliance, and provide such other functions as
12 necessary. Actions taken by local authorities pursu13
ant to this section shall constitute an acceptable use
14 of funds authorized pursuant to the Energy Effi15
ciency and Conservation Block Grant program under
16 section 544 of the Energy Independence and Secu17
rity Act of 2007 (42 U.S.C. 17154).
18 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There
19 are authorized to be appropriated to the Secretary of En20
ergy $25,000,000, and such additional sums as may be
21 necessary to provide enforcement of a national energy effi22
ciency building code, for each of fiscal years 2010 through
23 2020, and such sums thereafter as may be necessary to
24 support the purposes of this section.
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H.L.C.
1 ‘‘(j) ANNUAL REPORTS BY SECRETARY.—The Sec2
retary shall annually submit to Congress, and publish in
3 the Federal Register, a report on—
4 ‘‘(1) the status of national energy efficiency
5 building codes;
6 ‘‘(2) the status of energy efficiency building
7 code adoption and compliance in the States;
8 ‘‘(3) the implementation of this section;
9 ‘‘(4) the status of Federal enforcement of build10
ing codes, including coordination with State and
11 local enforcement, and the extent and resolution of
12 any conflicts between the national energy efficiency
13 building code and other residential and commercial
14 building codes in force in the same jurisdictions; and
15 ‘‘(5) impacts of past action under this section,
16 and potential impacts of further action, on lifetime
17 energy use by buildings, including resulting energy
18 and cost savings.’’.
19 SEC. 202. BUILDING RETROFIT PROGRAM.
20 (a) DEFINITIONS.—For purposes of this section:
21 (1) ASSISTED HOUSING.—The term ‘‘assisted
22 housing’’ means those properties receiving project23
based assistance pursuant to section 202 of the
24 Housing Act of 1959 (12 U.S.C. 1701q), section
25 811 of the Cranston-Gonzalez National Affordable
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H.L.C.
1 Housing Act (42 U.S.C. 8013), section 8 of the
2 United States Housing Act of 1937 (42 U.S.C.
3 1437f), or similar programs.
4 (2) NONRESIDENTIAL BUILDING.—The term
5 ‘‘nonresidential building’’ means a building with a
6 primary use or purpose other than residential hous7
ing, including any building used for commercial of8
fices, schools, academic and other public and private
9 institutions, nonprofit organizations including faith10
based organizations, hospitals, hotels, and other non11
residential purposes. Such buildings shall include
12 mixed-use properties used for both residential and
13 nonresidential purposes in which more than half of
14 building floor space is nonresidential.
15 (3) PERFORMANCE-BASED BUILDING RETROFIT
16 PROGRAM.—The term ‘‘performance-based building
17 retrofit program’’ means a program that determines
18 building energy efficiency success based on actual
19 measured savings after a retrofit is complete, as evi20
denced by energy invoices or evaluation protocols.
21 (4) PRESCRIPTIVE BUILDING RETROFIT PRO22
GRAM.—The term ‘‘prescriptive building retrofit pro23
gram’’ means a program that projects building ret24
rofit energy efficiency success based on the known
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H.L.C.
1 effectiveness of measures prescribed to be included
2 in a retrofit.
3 (5) PUBLIC HOUSING.—The term ‘‘public hous4
ing’’ means properties receiving assistance under
5 section 9 of the United States Housing Act of 1937
6 (42 U.S.C. 1437g).
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

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Re: TEXT of HR2454 Posted in Sections
« Reply #17 on: June 27, 2009, 03:15:56 pm »
===================================================
TITLE II - Energy Efficiency
===================================================
Subtitle A: Building Energy Efficiency Programs - (Part 2 of 3)
===================================================

7 (6) RECOMMISSIONING;
8 RETROCOMMISSIONING.—The terms ‘‘recommis9
sioning’’ and ‘‘retrocommissioning’’ have the mean10
ing given those terms in section 543(f)(1) of the Na11
tional Energy Conservation Policy Act (42 U.S.C.
12 8253(f)(1)).
13 (7) RESIDENTIAL BUILDING.—The term ‘‘resi14
dential building’’ means a building whose primary
15 use is residential. Such buildings shall include sin16
gle-family homes (both attached and detached),
17 owner-occupied units in larger buildings with their
18 own dedicated space-conditioning systems, apart19
ment buildings, multi-unit condominium buildings,
20 public housing, assisted housing, and buildings used
21 for both residential and nonresidential purposes in
22 which more than half of building floor space is resi23
dential.
24 (8) STATE ENERGY PROGRAM.—The term
25 ‘‘State Energy Program’’ means the program under
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H.L.C.
1 part D of title III of the Energy Policy and Con2
servation Act (42 U.S.C. 6321 et seq.).
3 (b) ESTABLISHMENT.—The Administrator shall de4
velop and implement, in consultation with the Secretary
5 of Energy, standards for a national energy and environ6
mental building retrofit policy for single-family and multi7
family residences. The Administrator shall develop and
8 implement, in consultation with the Secretary of Energy
9 and the Director of Commercial High-Performance Green
10 Buildings, standards for a national energy and environ11
mental building retrofit policy for nonresidential buildings.
12 The programs to implement the residential and nonresi13
dential policies based on the standards developed under
14 this section shall together be known as the Retrofit for
15 Energy and Environmental Performance (REEP) pro16
gram.
17 (c) PURPOSE.—The purpose of the REEP program
18 is to facilitate the retrofitting of existing buildings across
19 the United States to achieve maximum cost-effective en20
ergy efficiency improvements and significant improve21
ments in water use and other environmental attributes.
22 (d) FEDERAL ADMINISTRATION.—
23 (1) EXISTING PROGRAMS.—In creating and op24
erating the REEP program—
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H.L.C.
1 (A) the Administrator shall make appro2
priate use of existing programs, including the
3 Energy Star program and in particular the En4
vironmental Protection Agency Energy Star for
5 Buildings program; and
6 (B) the Secretary of Energy shall make
7 appropriate use of existing programs, including
8 delegating authority to the Director of Commer9
cial High-Performance Green Buildings ap10
pointed under section 421 of the Energy Inde11
pendence and Security Act of 2007 (42 U.S.C.
12 17081), who shall designate and provide fund13
ing to support a high-performance green build14
ing partnership consortium pursuant to sub15
section (f) of such section to support efforts
16 under this section.
17 (2) CONSULTATION AND COORDINATION.—The
18 Administrator and the Secretary of Energy shall
19 consult with and coordinate with the Secretary of
20 Housing and Urban Development in carrying out the
21 REEP program with regard to retrofitting of public
22 housing and assisted housing. As a result of such
23 consultation, the Administrator shall establish stand24
ards to ensure that retrofits of public housing and
25 assisted housing funded pursuant to this section are
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H.L.C.
1 cost-effective, including opportunities to address the
2 potential co-performance of repair and replacement
3 needs that may be supported with other forms of
4 Federal assistance.
5 (3) ASSISTANCE.—The Administrator and the
6 Secretary of Energy shall provide consultation and
7 assistance to State and local agencies for the estab8
lishment of revolving loan funds, loan guarantees, or
9 other forms of financial assistance under this sec10
tion.
11 (e) STATE AND LOCAL ADMINISTRATION.—
12 (1) DESIGNATION AND DELEGATION.—A State
13 may designate one or more agencies or entities, in14
cluding those regulated by the State, to carry out
15 the purposes of this section, but shall designate one
16 entity or individual as the principal point of contact
17 for the Administrator regarding the REEP Pro18
gram. The designated State agency, agencies, or en19
tities may delegate performance of appropriate ele20
ments of the REEP program, upon their request
21 and subject to State law, to counties, municipalities,
22 appropriate public agencies, and other divisions of
23 local government, as well as to entities regulated by
24 the State. In making any such designation or delega25
tion, a State shall give priority to entities that ad-
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H.L.C.
1 minister existing comprehensive retrofit programs,
2 including those under the supervision of State utility
3 regulators. States shall maintain responsibility for
4 meeting the standards and requirements of the
5 REEP program. In any State that elects not to ad6
minister the REEP program, a unit of local govern7
ment may propose to do so within its jurisdiction,
8 and if the Administrator finds that such local gov9
ernment is capable of administering the program,
10 the Administrator may provide allowances to that
11 local government, prorated according to the popu12
lation of the local jurisdiction relative to the popu13
lation of the State, for purposes of the REEP pro14
gram.
15 (2) EMPLOYMENT.—States and local govern16
ment entities may administer a REEP program in
17 a manner that authorizes public or regulated inves18
tor-owned utilities, building auditors and inspectors,
19 contractors, nonprofit organizations, for-profit com20
panies, and other entities to perform audits and ret21
rofit services under this section. A State may pro22
vide incentives for retrofits without direct participa23
tion by the State or its agents, so long as the result24
ing savings are measured and verified. A State or
25 local administrator of a REEP program shall seek
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H.L.C.
1 to ensure that sufficient qualified entities are avail2
able to support retrofit activities so that building
3 owners have a competitive choice among qualified
4 auditors, raters, contractors, and providers of serv5
ices related to retrofits. Nothing in this section is in6
tended to deny the right of a building owner to
7 choose the specific providers of retrofit services to
8 engage for a retrofit project in that owner’s building.
9 (3) EQUAL INCENTIVES FOR EQUAL IMPROVE10
MENT.—In general, the States should strive to offer
11 the same levels of incentives for retrofits that meet
12 the same efficiency improvement goals, regardless of
13 whether the State, its agency or entity, or the build14
ing owner has conducted the retrofit achieving the
15 improvement, provided the improvement is measured
16 and verified.
17 (f) ELEMENTS OF REEP PROGRAM.—The Adminis18
trator, in consultation with the Secretary of Energy, shall
19 establish goals, guidelines, practices, and standards for ac20
complishing the purpose stated in subsection (c), and shall
21 annually review and, as appropriate, revise such goals,
22 guidelines, practices, and standards. The program under
23 this section shall include the following:
24 (1) Residential Energy Services Network
25 (RESNET) or Building Performance Institute
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H.L.C.
1 (BPI) analyst certification of residential building en2
ergy and environment auditors, inspectors, and rat3
ers, or an equivalent certification system as deter4
mined by the Administrator.
5 (2) BPI certification or licensing by States of
6 residential building energy and environmental ret7
rofit contractors, or an equivalent certification or li8
censing system as determined by the Administrator.
9 (3) Provision of BPI, RESNET, or other ap10
propriate information on equipment and procedures,
11 as determined by the Administrator, that contractors
12 can use to test the energy and environmental effi13
ciency of buildings effectively (such as infrared pho14
tography and pressurized testing, and tests for water
15 use and indoor air quality).
16 (4) Provision of clear and effective materials to
17 describe the testing and retrofit processes for typical
18 buildings.
19 (5) Guidelines for offering and managing pre20
scriptive building retrofit programs and perform21
ance-based building retrofit programs for residential
22 and nonresidential buildings.
23 (6) Guidelines for applying recommissioning
24 and retrocommissioning principles to improve a
25 building’s operations and maintenance procedures.
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H.L.C.
1 (7) A requirement that building retrofits con2
ducted pursuant to a REEP program utilize, espe3
cially in all air-conditioned buildings, roofing mate4
rials with high solar energy reflectance, unless inap5
propriate due to green roof management, solar en6
ergy production, or for other reasons identified by
7 the Administrator, in order to reduce energy con8
sumption within the building, increase the albedo of
9 the building’s roof, and decrease the heat island ef10
fect in the area of the building, without reduction of
11 otherwise applicable ceiling insulation standards.
12 (8) Determination of energy savings in a per13
formance-based building retrofit program through—
14 (A) for residential buildings, comparison of
15 before and after retrofit scores on the Home
16 Energy Rating System (HERS) Index, where
17 the final score is produced by an objective third
18 party;
19 (B) for nonresidential buildings, Environ20
mental Protection Agency Portfolio Manager
21 benchmarks; or
22 (C) for either residential or nonresidential
23 buildings, use of an Administrator-approved
24 simulation program by a contractor with the
25 appropriate certification, subject to appropriate
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H.L.C.
1 software standards and verification of at least
2 15 percent of all work done, or such other per3
centage as the Administrator may determine.
4 (9) Guidelines for utilizing the Energy Star
5 Portfolio Manager, the Home Energy Rating System
6 (HERS) rating system, Home Performance with En7
ergy Star program approvals, and any other tools
8 associated with the retrofit program.
9 (10) Requirements and guidelines for post-ret10
rofit inspection and confirmation of work and energy
11 savings.
12 (11) Detailed descriptions of funding options
13 for the benefit of State and local governments, along
14 with model forms, accounting aids, agreements, and
15 guides to best practices.
16 (12) Guidance on opportunities for—
17 (A) rating or certifying retrofitted build18
ings as Energy Star buildings, or as green
19 buildings under a recognized green building rat20
ing system;
21 (B) assigning Home Energy Rating Sys22
tem (HERS) or similar ratings; and
23 (C) completing any applicable building per24
formance labels.
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H.L.C.
1 (13) Sample materials for publicizing the pro2
gram to building owners, including public service an3
nouncements and advertisements.
4 (14) Processes for tracking the numbers and lo5
cations of buildings retrofitted under the REEP pro6
gram, with information on projected and actual sav7
ings of energy and its value over time.
8 (g) REQUIREMENTS.—As a condition of receiving al9
lowances for the REEP program pursuant to this Act, a
10 State or qualifying local government shall—
11 (1) adopt the standards for training, certifi12
cation of contractors, certification of buildings, and
13 post-retrofit inspection as developed by the Adminis14
trator for residential and nonresidential buildings,
15 respectively, except as necessary to match local con16
ditions, needs, efficiency opportunities, or other local
17 factors, or to accord with State laws or regulations,
18 and then only after the Administrator approves such
19 a variance; and
20 (2) establish fiscal controls and accounting pro21
cedures (which conform to generally accepted gov22
ernment accounting principles) sufficient to ensure
23 proper accounting during appropriate accounting pe24
riods for payments received and disbursements, and
25 for fund balances.
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H.L.C.
1 The Administrator shall conduct or require each State to
2 have such independent financial audits of REEP-related
3 funding as the Administrator considers necessary or ap4
propriate to carry out the purposes of this section.
5 (h) OPTIONS TO SUPPORT REEP PROGRAM.—The
6 emission allowances provided pursuant to this Act to the
7 States SEED Accounts shall support the implementation
8 through State REEP programs of alternate means of cre9
ating incentives for, or reducing financial barriers to, im10
proved energy and environmental performance in build11
ings, consistent with this section, including—
12 (1) implementing prescriptive building retrofit
13 programs and performance-based building retrofit
14 programs;
15 (2) providing credit enhancement, interest rate
16 subsidies, loan guarantees, or other credit support;
17 (3) providing initial capital for public revolving
18 fund financing of retrofits, with repayments by bene19
ficiary building owners over time through their tax
20 payments, calibrated to create net positive cash flow
21 to the building owner;
22 (4) providing funds to support utility-operated
23 retrofit programs with repayments over time
24 through utility rates, calibrated to create net positive
25 cash flow to the building owner, and transferable
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H.L.C.
1 from one building owner to the next with the build2
ing’s utility services;
3 (5) providing funds to local government pro4
grams to provide REEP services and financial as5
sistance; and
6 (6) other means proposed by State and local
7 agencies, subject to the approval of the Adminis8
trator.
9 (i) SUPPORT FOR PROGRAM.—
10 (1) USE OF ALLOWANCES.—Direct Federal sup11
port for the REEP program is provided through the
12 emission allowances allocated to the States’ SEED
13 Accounts pursuant to section 132 of this Act. To the
14 extent that a State provides allowances to local gov15
ernments within the State to implement elements of
16 the REEP Program, that shall be deemed a dis17
tribution of such allowances to units of local govern18
ment pursuant to subsection (c)(1) of that section.
19 (2) INITIAL AWARD LIMITS.—Except as pro20
vided in paragraph (3), State and local REEP pro21
grams may make per-building direct expenditures
22 for retrofit improvements, or their equivalent in indi23
rect or other forms of financial support, from funds
24 derived from the sale of allowances received directly
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H.L.C.
1 from the Administrator in amounts not to exceed the
2 following amounts per unit:
3 (A) RESIDENTIAL BUILDING PROGRAM.—
4 (i) AWARDS.—For residential build5
ings—
6 (I) support for a free or low-cost
7 detailed building energy audit that
8 prescribes measures sufficient to
9 achieve at least a 20 percent reduc10
tion in energy use, by providing an in11
centive equal to the documented cost
12 of such audit, but not more than
13 $200, in addition to any earned by
14 achieving a 20 percent or greater effi15
ciency improvement;
16 (II) a total of $1,000 for a com17
bination of measures, prescribed in an
18 audit conducted under subclause (I),
19 designed to reduce energy consump20
tion by more than 10 percent, and
21 $2,000 for a combination of measures
22 prescribed in such an audit, designed
23 to reduce energy consumption by more
24 than 20 percent;
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H.L.C.
1 (III) $3,000 for demonstrated
2 savings of 20 percent, pursuant to a
3 performance-based building retrofit
4 program; and
5 (IV) $1,000 for each additional 5
6 percentage points of energy savings
7 achieved beyond savings for which
8 funding is provided under subclause
9 (II) or (III).
10 Funding shall not be provided under
11 clauses (II) and (III) for the same energy
12 savings.
13 (ii) MAXIMUM PERCENTAGE.—Awards
14 under clause (i) shall not exceed 50 per15
cent of retrofit costs for each building. For
16 buildings with multiple residential units,
17 awards under clause (i) shall not be great18
er than 50 percent of the total cost of ret19
rofitting the building, prorated among indi20
vidual residential units on the basis of rel21
ative costs of the retrofit. In the case of
22 public housing and assisted housing, the
23 50 percent contribution matching the con24
tribution from REEP program funds may
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H.L.C.
1 come from any other source, including
2 other Federal funds.
3 (iii) ADDITIONAL AWARDS.—Addi4
tional awards may be provided for pur5
poses of increasing energy efficiency, for
6 buildings achieving at least 20 percent en7
ergy savings using funding provided under
8 clause (i), in the form of grants of not
9 more than $600 for measures projected or
10 measured (using an appropriate method
11 approved by the Administrator) to achieve
12 at least 35 percent potable water savings
13 through equipment or systems with an es14
timated service life of not less than seven
15 years, and not more than an additional
16 $20 may be provided for each additional
17 one percent of such savings, up to a max18
imum total grant of $1,200.
19 (B) NONRESIDENTIAL BUILDING PRO20
GRAM.—
21 (i) AWARDS.—For nonresidential
22 buildings—
23 (I) support for a free or low-cost
24 detailed building energy audit that
25 prescribes, as part of a energy-reduc-
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1 ing measures sufficient to achieve at
2 least a 20 percent reduction in energy
3 use, by providing an incentive equal to
4 the documented cost of such audit,
5 but not more than $500, in addition
6 to any award earned by achieving a
7 20 percent or greater efficiency im8
provement;
9 (II) $0.15 per square foot of ret10
rofit area for demonstrated energy use
11 reductions from 20 percent to 30 per12
cent;
13 (III) $0.75 per square foot for
14 demonstrated energy use reductions
15 from 30 percent to 40 percent;
16 (IV) $1.60 per square foot for
17 demonstrated energy use reductions
18 from 40 percent to 50 percent; and
19 (V) $2.50 per square foot for
20 demonstrated energy use reductions
21 exceeding 50 percent.
22 (ii) MAXIMUM PERCENTAGE.—
23 Amounts provided under subclauses (II)
24 through (V) of clause (i) combined shall
25 not exceed 50 percent of the total retrofit
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1 cost of a building. In nonresidential build2
ings with multiple units, such awards shall
3 be prorated among individual units on the
4 basis of relative costs of the retrofit.
5 (iii) ADDITIONAL AWARDS.—Addi6
tional awards may be provided, for build7
ings achieving at least 20 percent energy
8 savings using funding provided under
9 clause (i), as follows:
10 (I) WATER.—For purposes of in11
creasing energy efficiency, grants may
12 be made for whole building potable
13 water use reduction (using an appro14
priate method approved by the Ad15
ministrator) for up to 50 percent of
16 the total retrofit cost, including
17 amounts up to—
18 (aa) $24.00 per thousand
19 gallons per year of potable water
20 savings of 40 percent or more;
21 (bb) $27.00 per thousand
22 gallons per year of potable water
23 savings of 50 percent or more;
24 and
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1 (cc) $30.00 per thousand
2 gallons per year of potable water
3 savings of 60 percent or more.
4 (II) ENVIRONMENTAL IMPROVE5
MENTS.—Additional awards of up to
6 $1,000 may be granted for the inclu7
sion of other environmental attributes
8 that the Administrator, in consulta9
tion with the Secretary, identifies as
10 contributing to energy efficiency. Such
11 attributes may include, but are not
12 limited to waste diversion and the use
13 of environmentally preferable mate14
rials (including salvaged, renewable,
15 or recycled materials, and materials
16 with no or low-VOC content). The Ad17
ministrator may recommend that
18 States develop such standards as are
19 necessary to account for local or re20
gional conditions that may affect the
21 feasibility or availability of identified
22 resources and attributes.
23 (iv) INDOOR AIR QUALITY MINIMUM.—
24 Nonresidential buildings receiving incen25
tives under this section must satisfy at a
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1 minimum the most recent version of
2 ASHRAE Standard 62.1 for ventilation, or
3 the equivalent as determined by the Ad4
ministrator. A State may issue a waiver
5 from this requirement to a building project
6 on a showing that such compliance is in7
feasible due to the physical constraints of
8 the building’s existing ventilation system,
9 or such other limitations as may be speci10
fied by the Administrator.
11 (C) HISTORIC BUILDINGS.—Notwith12
standing subparagraphs (A) and (B), a building
13 in or eligible for the National Register of His14
toric Places shall be eligible for awards under
15 this paragraph in amounts up to 120 percent of
16 the amounts set forth in subparagraphs (A) and
17 (B).
18 (D) SUPPLEMENTAL SUPPORT.—State and
19 local governments may supplement the per20
building expenditures under this paragraph
21 with funding from other sources.
22 (3) ADJUSTMENT.—The Administrator may ad23
just the specific dollar limits funded by the sale of
24 allowances pursuant to paragraph (2) in years sub25
sequent to the second year after the date of enact-
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1 ment of this Act, and every 2 years thereafter, as
2 the Administrator determines necessary to achieve
3 optimum cost-effectiveness and to maximize incen4
tives to achieve energy efficiency within the total
5 building award amounts provided in that paragraph,
6 and shall publish and hold constant such revised lim7
its for at least 2 years. The Administrator, in con8
sultation with the Secretary of Housing and Urban
9 Development, may establish different dollar limits
10 for public housing and assisted housing than for
11 other residential buildings.
12 (j) REPORT TO CONGRESS.—The Administrator shall
13 conduct an annual assessment of the achievements of the
14 REEP program in each State, shall prepare an annual re15
port of such achievements and any recommendations for
16 program modifications, and shall provide such report to
17 Congress at the end of each fiscal year during which fund18
ing or other resources were made available to the States
19 for the REEP Program.
20 (k) OTHER SOURCES OF FEDERAL SUPPORT.—
21 (1) ADDITIONAL STATE ENERGY PROGRAM
22 FUNDS.—Any Federal funding provided to a State
23 Energy Program that is not required to be expended
24 for a different federally designated purpose may be
25 used to support a REEP program.
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1 (2) PROGRAM ADMINISTRATION.—State Energy
2 Offices or designated State agencies may expend up
3 to 10 percent of available allowance value provided
4 under this section for program administration.
5 (3) AUTHORIZATION OF APPROPRIATIONS.—
6 There are authorized to be appropriated for the pur7
poses of this section, for each of fiscal years 2010,
8 2011, 2012, and 2013—
9 (A) $50,000,000 to the Administrator for
10 program administration costs; and
11 (B) $20,000,000 to the Secretary of En12
ergy for program administration costs.
13 SEC. 203. ENERGY EFFICIENT MANUFACTURED HOMES.
14 (a) DEFINITIONS.—In this section:
15 (1) MANUFACTURED HOME.—The term ‘‘manu16
factured home’’ has the meaning given such term in
17 section 603 of the National Manufactured Housing
18 Construction and Safety Standards Act of 1974 (42
19 U.S.C. 5402).
20 (2) ENERGY STAR QUALIFIED MANUFACTURED
21 HOME.—The term ‘‘Energy Star qualified manufac22
tured home’’ means a manufactured home that has
23 been designed, produced, and installed in accordance
24 with Energy Star’s guidelines by an Energy Star
25 certified plant.
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1 (b) PURPOSE.—The purpose of this section is to as2
sist low-income households residing in manufactured
3 homes constructed prior to 1976 to save energy and en4
ergy expenditures by providing support toward the pur5
chase of new Energy Star qualified manufactured homes.
6 (c) STATE IMPLEMENTATION OF PROGRAM.—
7 (1) MANUFACTURED HOME REPLACEMENT PRO8
GRAM.—Any State may provide to the owner of a
9 manufactured home constructed prior to 1976 a re10
bate to use toward the purchase of a new Energy
11 Star qualified manufactured home pursuant to this
12 section.
13 (2) USE OF ALLOWANCES.—Direct Federal sup14
port for the program established in this section is
15 provided through the emission allowances allocated
16 to the States’ SEED Accounts pursuant to section
17 132 of this Act. To the extent that a State provides
18 allowances to local governments within the State to
19 implement this program, that shall be deemed a dis20
tribution of such allowances to units of local govern21
ment pursuant to subsection (c)(1) of that section.
22 (3) REBATES.—
23 (A) PRIMARY RESIDENCE REQUIRE24
MENT.—A rebate described under paragraph
25 (1) may only be made to an owner of a manu-
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1 factured home constructed prior to 1976 that is
2 used on a year-round basis as a primary resi3
dence.
4 (B) DISMANTLING AND REPLACEMENT.—A
5 rebate described under paragraph (1) may be
6 made only if the manufactured home con7
structed prior to 1976 will be—
8 (i) rendered unusable for human habi9
tation (including appropriate recycling);
10 and
11 (ii) replaced, in the same general loca12
tion, as determined by the applicable State
13 agency, with an Energy Star qualified
14 manufactured home.
15 (C) SINGLE REBATE.—A rebate described
16 under paragraph (1) may not be provided to
17 any owner of a manufactured home constructed
18 prior to 1976 that was or is a member of a
19 household for which any other member of the
20 household was provided a rebate pursuant to
21 this section.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

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Re: TEXT of HR2454 Posted in Sections
« Reply #18 on: June 27, 2009, 03:16:49 pm »
===================================================
TITLE II - Energy Efficiency
===================================================
Subtitle A: Building Energy Efficiency Programs - (Part 3 of 3)
===================================================

22 (D) ELIGIBLE HOUSEHOLDS.—To be eligi23
ble to receive a rebate described under para24
graph (1), an owner of a manufactured home
25 constructed prior to 1976 shall demonstrate to
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1 the applicable State agency that the total in2
come of all members the owner’s household does
3 not exceed 200 percent of the Federal poverty
4 level for income in the applicable area.
5 (E) ADVANCE AVAILABILITY.—A rebate
6 may be provided under this section in a manner
7 to facilitate the purchase of a new Energy Star
8 qualified manufactured home.
9 (4) REBATE LIMITATION.—Rebates provided by
10 States under this section shall not exceed $7,500 per
11 manufactured home from any value derived from the
12 use of emission allowances provided to the State
13 pursuant to section 132.
14 (5) USE OF STATE FUNDS.—A State providing
15 rebates under this section may supplement the
16 amount of such rebates under paragraph (4) by any
17 additional amount is from State funds and other
18 sources, including private donations or grants from
19 charitable organizations.
20 (6) COORDINATION WITH SIMILAR PRO21
GRAMS.—
22 (A) STATE PROGRAMS.—A State con23
ducting an existing program that has the pur24
pose of replacing manufactured homes con25
structed prior to 1976 with Energy Star quali-
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1 fied manufactured homes, may use allowance
2 value provided under section 782 of the Clean
3 Air Act to support such a program, provided
4 such funding does not exceed the rebate limita5
tion amount under paragraph (4).
6 (B) FEDERAL PROGRAMS.—The Secretary
7 of Energy shall coordinate with and seek to
8 achieve the purpose of this section through
9 similar Federal programs including—
10 (i) the Weatherization Assistance Pro11
gram under part A of title IV of the En12
ergy Conservation and Production Act (42
13 U.S.C. 6861 et seq.); and
14 (ii) the program under part D of title
15 III of the Energy Policy and Conservation
16 Act (42 U.S.C. 6321 et seq.).
17 (C) COORDINATION WITH OTHER STATE
18 AGENCIES.—A State agency using allowance
19 value to administer the program under this sec20
tion may coordinate its efforts, and share funds
21 for administration, with other State agencies in22
volved in low-income housing programs.
23 (7) ADMINISTRATIVE EXPENSES.—A State
24 using allowance value under this section may expend
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1 not more than 10 percent of such value for adminis2
trative expenses related to this program.
3 SEC. 204. BUILDING ENERGY PERFORMANCE LABELING
4 PROGRAM.
5 (a) ESTABLISHMENT.—
6 (1) PURPOSE.—The Administrator shall estab7
lish a building energy performance labeling program
8 with broad applicability to the residential and com9
mercial markets to enable and encourage knowledge
10 about building energy performance by owners and
11 occupants and to inform efforts to reduce energy
12 consumption nationwide.
13 (2) COMPONENTS.—In developing such pro14
gram, the Administrator shall—
15 (A) consider existing programs, such as
16 Environmental Protection Agency’s Energy
17 Star program, the Home Energy Rating System
18 (HERS) Index, and programs at the Depart19
ment of Energy;
20 (B) support the development of model per21
formance labels for residential and commercial
22 buildings; and
23 (C) utilize incentives and other means to
24 spur use of energy performance labeling of pub25
lic and private sector buildings nationwide.
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1 (b) DATA ASSESSMENT FOR BUILDING ENERGY PER2
FORMANCE.—
3 (1) INITIAL REPORT.—Not later than 90 days
4 after the date of enactment of this Act, the Adminis5
trator shall provide to Congress, as well as to the
6 Secretary of Energy and the Office of Management
7 and Budget, a report identifying—
8 (A) all principal building types for which
9 statistically significant energy performance data
10 exists to serve as the basis of measurement pro11
tocols and labeling requirements for achieved
12 building energy performance; and
13 (B) those building types for which addi14
tional data are required to enable the develop15
ment of such protocols and requirements.
16 (2) ADDITIONAL REPORTS.—Additional updated
17 reports shall be provided under this subsection as
18 often as The Administrator considers practicable,
19 but not less than every 2 years.
20 (c) BUILDING DATA ACQUISITION.—
21 (1) RESOURCE REQUIREMENTS.—For all prin22
cipal building types identified under subsection (b),
23 the Secretary of Energy, not later than 90 days
24 after a report by the Administrator under subsection
25 (b), shall provide to Congress, the Administrator,
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1 and the Office of Management and Budget a state2
ment of additional resources needed, if any, to fully
3 develop the relevant data, as well as the anticipated
4 timeline for data development.
5 (2) CONSULTATION.—The Secretary of Energy
6 shall consult with the Administrator concerning the
7 Administrator’s ability to use data series for these
8 additional building types to support the achieved
9 performance component in the labeling program.
10 (3) IMPROVEMENTS TO BUILDING ENERGY CON11
SUMPTION DATABASES.—
12 (A) COMMERCIAL DATABASE.—The Sec13
retary of Energy shall support improvements to
14 the Commercial Buildings Energy Consumption
15 Survey (CBECS) as authorized by section
16 205(k) of the Department of Energy Organiza17
tion Act (42 U.S.C. 7135(k))—
18 (i) to enable complete and robust data
19 for the actual energy performance of prin20
cipal building types currently covered by
21 survey;
22 (ii) to cover additional building types
23 as identified by the Administrator under
24 subsection (b)(1)(B), to enable the develop25
ment of achieved performance measure-
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1 ment protocols are developed for at least
2 90 percent of all major commercial build3
ing types within 5 years after the date of
4 enactment of this Act; and
5 (iii) to include third-party audits of
6 random data samplings to ensure the qual7
ity and accuracy of survey information.
8 (B) RESIDENTIAL DATABASES.—The Ad9
ministrator, in consultation with the Energy In10
formation Administration and the Secretary of
11 Energy, shall support improvements to the Res12
idential Energy Consumption Survey (RECS)
13 as authorized by section 205(k) of the Depart14
ment of Energy Organization Act (42 U.S.C.
15 7135(k)), or such other residential energy per16
formance databases as the Administrator con17
siders appropriate, to aid the development of
18 achieved performance measurement protocols
19 for residential building energy use for at least
20 90 percent of the residential market within 5
21 years after the date of enactment of this Act.
22 (C) CONSULTATION.—The Secretary of
23 Energy and the Administrator shall consult
24 with public, private, and nonprofit sector rep25
resentatives from the building industry and real
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1 estate industry to assist in the evaluation and
2 improvement of building energy performance
3 databases and labeling programs.
4 (d) IDENTIFICATION OF MEASUREMENT PROTOCOLS
5 FOR ACHIEVED PERFORMANCE.—
6 (1) PROPOSED PROTOCOLS AND REQUIRE7
MENTS.—At the earliest practicable date, but not
8 later than 1 year after identifying a building type
9 under subsection (b)(1)(A), the Administrator shall
10 propose a measurement protocol for that building
11 type and a requirement detailing how to use that
12 protocol in completing applicable commercial or resi13
dential performance labels created pursuant to this
14 section.
15 (2) FINAL RULE.—After providing for notice
16 and comment, the Administrator shall publish a
17 final rule containing a measurement protocol and
18 the corresponding requirements for applying that
19 protocol. Such a rule—
20 (A) shall define the minimum period for
21 measurement of energy use by buildings of that
22 type and other details for determining achieved
23 performance, to include leased buildings or
24 parts thereof;
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1 (B) shall identify necessary data collection
2 and record retention requirements; and
3 (C) may specify transition rules and ex4
emptions for classes of buildings within the
5 building type.
6 (e) PROCEDURES FOR EVALUATING DESIGNED PER7
FORMANCE.—The Administrator shall develop protocols
8 for evaluating the designed performance of individual
9 building types. The Administrator may conduct such feasi10
bility studies and demonstration projects as are necessary
11 to evaluate the sufficiency of proposed protocols for de12
signed performance.
13 (f) CREATION OF BUILDING ENERGY PERFORMANCE
14 LABELING PROGRAM.—
15 (1) MODEL LABEL.—Not later than 1 year
16 after the date of enactment of this Act, the Adminis17
trator shall propose a model building energy label
18 that provides a format—
19 (A) to display achieved performance and
20 designed performance data;
21 (B) that may be tailored for residential
22 and commercial buildings, and for single-occu23
pancy and multitenanted buildings; and
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1 (C) to display other appropriate elements
2 identified during the development of measure3
ment protocols under subsections (d) and (e).
4 (2) INCLUSIONS.—Nothing in this section shall
5 require the inclusion on such a label of designed per6
formance data where impracticable or not cost effec7
tive, or to preclude the display of both achieved per8
formance and designed performance data for a par9
ticular building where both such measures are avail10
able, practicable, and cost effective.
11 (3) EXISTING PROGRAMS.—In developing the
12 model label, the Administrator shall consider exist13
ing programs, including—
14 (A) the Environmental Protection Agency’s
15 Energy Star Portfolio Manager program and
16 the California HERS II Program Custom Ap17
proach for the achieved performance component
18 of the label;
19 (B) the Home Energy Rating System
20 (HERS) Index system for the designed per21
formance component of the label; and
22 (C) other Federal and State programs, in23
cluding the Department of Energy’s related
24 programs on building technologies and those of
25 the Federal Energy Management Program.
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1 (4) FINAL RULE.—After providing for notice
2 and comment, the Administrator shall publish a
3 final rule containing the label applicable to covered
4 building types.
5 (g) DEMONSTRATION PROJECTS FOR LABELING
6 PROGRAM.—
7 (1) IN GENERAL.—The Administrator shall con8
duct building energy performance labeling dem9
onstration projects for different building types—
10 (A) to ensure the sufficiency of the current
11 Commercial Buildings Energy Consumption
12 Survey and other data to serve as the basis for
13 new measurement protocols for the achieved
14 performance component of the building energy
15 performance labeling program;
16 (B) to inform the development of measure17
ment protocols for building types not currently
18 covered by the Commercial Buildings Energy
19 Consumption Survey; and
20 (C) to identify any additional information
21 that needs to be developed to ensure effective
22 use of the model label.
23 (2) PARTICIPATION.—Such demonstration
24 projects shall include participation of—
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1 (A) buildings from diverse geographical
2 and climate regions;
3 (B) buildings in both urban and rural
4 areas;
5 (C) single-family residential buildings;
6 (D) multihousing residential buildings with
7 more than 50 units, including at least one
8 project that provides affordable housing to indi9
viduals of diverse incomes;
10 (E) single-occupant commercial buildings
11 larger than 30,000 square feet;
12 (F) multitenanted commercial buildings
13 larger than 50,000 square feet; and
14 (G) buildings from both the public and pri15
vate sectors.
16 (3) PRIORITY.—Priority in the selection of dem17
onstration projects shall be given to projects that fa18
cilitate large-scale implementation of the labeling
19 program for samples of buildings across neighbor20
hoods, geographic regions, cities, or States.
21 (4) FINDINGS.—The Administrator shall report
22 any findings from demonstration projects under this
23 subsection, including an identification of any areas
24 of needed data improvement, to the Department of
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1 Energy’s Energy Information Administration and
2 Building Technologies Program.
3 (5) COORDINATION.—The Administrator and
4 the Secretary of Energy shall coordinate demonstra5
tion projects undertaken pursuant to this subsection
6 with those undertaken as part of the Zero-Net-En7
ergy Commercial Buildings Initiative adopted under
8 section 422 of the Energy Independence and Secu9
rity Act of 2007 (42 U.S.C. 17082).
10 (h) IMPLEMENTATION OF LABELING PROGRAM.—
11 (1) IN GENERAL.—The Administrator, in con12
sultation with the Secretary of Energy, shall work
13 with all State Energy Offices established pursuant
14 to part D of title III of the Energy Policy and Con15
servation Act (42 U.S.C. 6321 et seq.) or other
16 State authorities as necessary for the purpose of im17
plementing the labeling program established under
18 this section for commercial and residential buildings.
19 (2) OUTREACH TO LOCAL AUTHORITIES.—The
20 Administrator shall, acting in consultation and co21
ordination with the respective States, encourage use
22 of the labeling program by counties and other local23
ities to broaden access to information about building
24 energy use, for example, through disclosure of build25
ing label contents in tax, title, and other records
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1 those localities maintain. For this purpose, the Ad2
ministrator shall develop an electronic version of the
3 label and information that can be readily trans4
mitted and read in widely-available computer pro5
grams but is protected from unauthorized manipula6
tion.
7 (3) MEANS OF IMPLEMENTATION.—In adopting
8 the model labeling program established under this
9 section, a State shall seek to ensure that labeled in10
formation be made accessible to the public in a man11
ner so that owners, lenders, tenants, occupants, or
12 other relevant parties can utilize it. Such accessi13
bility may be accomplished through—
14 (A) preparation, and public disclosure of
15 the label through filing with tax and title
16 records at the time of—
17 (i) a building audit conducted with
18 support from Federal or State funds;
19 (ii) a building energy-efficiency ret20
rofit conducted in response to such an
21 audit;
22 (iii) a final inspection of major ren23
ovations or additions made to a building in
24 accordance with a building permit issued
25 by a local government entity;
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1 (iv) a sale that is recorded for title
2 and tax purposes consistent with para3
graph (8);
4 (v) a new lien recorded on the prop5
erty for more than a set percentage of the
6 assessed value of the property, if that lien
7 reflects public financial assistance for en8
ergy-related improvements to that building;
9 or
10 (vi) a change in ownership or oper11
ation of the building for purposes of utility
12 billing; or
13 (B) other appropriate means.
14 (4) STATE IMPLEMENTATION OF PROGRAM.—
15 (A) ELIGIBILITY.—A State may become el16
igible to utilize allowance value to implement
17 this program by—
18 (i) adopting by statute or regulation a
19 requirement that buildings be assessed and
20 labeled, consistent with the labeling re21
quirements of the program established
22 under this section; or
23 (ii) adopting a plan to implement a
24 model labeling program consistent with
25 this section within one year of enactment
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1 of this Act, including the establishment of
2 that program within 3 years after the date
3 of enactment of this Act, and dem4
onstrating continuous progress under that
5 plan.
6 (B) USE OF ALLOWANCES.—Direct Fed7
eral support for the program established in this
8 section is provided through the emission allow9
ances allocated to the States’ SEED Accounts
10 pursuant to section 132 of this Act. To the ex11
tent that a State provides allowances to local
12 governments within the State to implement this
13 program, that shall be deemed a distribution of
14 such allowances to units of local government
15 pursuant to subsection (c)(1) of that section.
16 (5) GUIDANCE.—The Administrator may create
17 or identify model programs and resources to provide
18 guidance to offer to States and localities for creating
19 labeling programs consistent with the model pro20
gram established under this section.
21 (6) PROGRESS REPORT.—The Administrator, in
22 consultation with the Secretary of Energy, shall pro23
vide a progress report to Congress not later than 3
24 years after the date of enactment of this Act that—
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1 (A) evaluates the effectiveness of efforts to
2 advance use of the model labeling program by
3 States and localities;
4 (B) recommends any legislative changes
5 necessary to broaden the use of the model label6
ing program; and
7 (C) identifies any changes to broaden the
8 use of the model labeling program that the Ad9
ministrator has made or intends to make that
10 do not require additional legislative authority.
11 (7) STATE INFORMATION.—The Administrator
12 may require States to report to the Administrator
13 information that the Administrator requires to pro14
vide the report required under paragraph (6).
15 (8) PREVENTION OF DISRUPTION OF SALES
16 TRANSACTIONS.—No State shall implement a new
17 labeling program pursuant to this section in a man18
ner that requires the labeling of a building to occur
19 after a contract has been executed for the sale of
20 that building and before the sales transaction is
21 completed.
22 (i) IMPLEMENTATION OF LABELING PROGRAM IN
23 FEDERAL BUILDINGS.—
24 (1) USE OF LABELING PROGRAM.—The Sec25
retary of Energy and the Administrator shall use the
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1 labeling program established under this section to
2 evaluate energy performance in the facilities of the
3 Department of Energy and the Environmental Pro4
tection Agency, respectively, to the extent prac5
ticable, and shall encourage and support implemen6
tation efforts in other Federal agencies.
7 (2) ANNUAL PROGRESS REPORT.—The Sec8
retary of Energy and Administrator shall provide an
9 annual progress report to Congress and the Office of
10 Management and Budget detailing efforts to imple11
ment this subsection, as well as any best practices
12 or needed resources identified as a result of such ef13
forts.
14 (j) PUBLIC OUTREACH.—The Secretary of Energy
15 and the Administrator, in consultation with nonprofit and
16 industry stakeholders with specialized expertise, and in
17 conjunction with other energy efficiency public awareness
18 efforts, shall establish a business and consumer education
19 program to increase awareness about the importance of
20 building energy efficiency and to facilitate widespread use
21 of the labeling program established under this section.
22 (k) DEFINITIONS.—In this section:
23 (1) BUILDING TYPE.—The term ‘‘building
24 type’’ means a grouping of buildings as identified by
25 their principal building activities, or as grouped by
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1 their use, including office buildings, laboratories, li2
braries, data centers, retail establishments, hotels,
3 warehouses, and educational buildings.
4 (2) MEASUREMENT PROTOCOL.—The term
5 ‘‘measurement protocol’’ means the methodology,
6 prescribed by the Administrator, for defining a
7 benchmark for building energy performance for a
8 specific building type and for measuring that per9
formance against the benchmark.
10 (3) ACHIEVED PERFORMANCE.—The term
11 ‘‘achieved performance’’ means the actual energy
12 consumption of a building as compared to a baseline
13 building of the same type and size, determined by
14 actual consumption data normalized for appropriate
15 variables.
16 (4) DESIGNED PERFORMANCE.—The term ‘‘de17
signed performance’’ means the energy consumption
18 performance a building would achieve if operated
19 consistent with its design intent for building energy
20 use, utilizing a standardized set of operational condi21
tions informed by data collected or confirmed during
22 an energy audit.
23 (l) AUTHORIZATION OF APPROPRIATIONS.—There
24 are authorized to be appropriated—
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1 (1) to the Administrator $50,000,000 for imple2
mentation of this section for each fiscal year from
3 2010 through 2020; and
4 (2) to the Secretary of Energy $20,000,000 for
5 implementation of this section for fiscal year 2010
6 and $10,000,000 for fiscal years 2011 through
7 2020.
8 SEC. 205. TREE PLANTING PROGRAMS.
9 (a) FINDINGS.—The Congress finds that—
10 (1) the utility sector is the largest single source
11 of greenhouse gas emissions in the United States
12 today, producing approximately one-third of the
13 country’s emissions;
14 (2) heating and cooling homes accounts for
15 nearly 60 percent of residential electricity usage in
16 the United States;
17 (3) shade trees planted in strategic locations
18 can reduce residential cooling costs by as much as
19 30 percent;
20 (4) shade trees have significant clean-air bene21
fits associated with them;
22 (5) every 100 healthy large trees removes about
23 300 pounds of air pollution (including particulate
24 matter and ozone) and about 15 tons of carbon diox25
ide from the air each year;
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1 (6) tree cover on private property and on newly2
developed land has declined since the 1970s, even
3 while emissions from transportation and industry
4 have been rising; and
5 (7) in over a dozen test cities across the United
6 States, increasing urban tree cover has generated
7 between two and five dollars in savings for every dol8
lar invested in such tree planting.
9 (b) DEFINITIONS.—As used in this section:
10 (1) The term ‘‘Secretary’’ refers to the Sec11
retary of Energy.
12 (2) The term ‘‘retail power provider’’ means
13 any entity authorized under applicable State or Fed14
eral law to generate, distribute, or provide retail
15 electricity, natural gas, or fuel oil service.
16 (3) The term ‘‘tree-planting organization’’
17 means any nonprofit or not-for-profit group which
18 exists, in whole or in part, to—
19 (A) expand urban and residential tree
20 cover;
21 (B) distribute trees for planting;
22 (C) increase awareness of the environ23
mental and energy-related benefits of trees;
24 (D) educate the public about proper tree
25 planting, care, and maintenance strategies; or
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1 (E) carry out any combination of the fore2
going activities.
3 (4) The term ‘‘tree-siting guidelines’’ means a
4 comprehensive list of science-based measurements
5 outlining the species and minimum distance required
6 between trees planted pursuant to this section, in
7 addition to the minimum required distance to be
8 maintained between such trees and—
9 (A) building foundations;
10 (B) air conditioning units;
11 (C) driveways and walkways;
12 (D) property fences;
13 (E) preexisting utility infrastructure;
14 (F) septic systems;
15 (G) swimming pools; and
16 (H) other infrastructure as deemed appro17
priate.
18 (5) The terms ‘‘small office’’, ‘‘small office
19 buildings’’, and ‘‘small office settings’’ means non20
residential buildings or structures zoned for business
21 purposes that are 20,000 square feet or less in total
22 area.
23 (c) PURPOSES.—The purpose of this section is to es24
tablish a grant program to assist retail power providers
25 with the establishment and operation of targeted tree-
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1 planting programs in residential and small office settings,
2 for the following purposes:
3 (1) Reducing the peak-load demand for elec4
tricity from residences and small office buildings
5 during the summer months through direct shading
6 of buildings provided by strategically planted trees.
7 (2) Reducing wintertime demand for energy
8 from residences and small office buildings by block9
ing cold winds from reaching such structures, which
10 lowers interior temperatures and drives heating de11
mand.
12 (3) Protecting public health by removing harm13
ful pollution from the air.
14 (4) Utilizing the natural photosynthetic and
15 transpiration process of trees to lower ambient tem16
peratures and absorb carbon dioxide, thus mitigating
17 the effects of climate change.
18 (5) Lowering electric bills for residential and
19 small office ratepayers by limiting electricity con20
sumption without reducing benefits.
21 (6) Relieving financial and demand pressure on
22 retail power providers that stems from large peak23
load energy demand.
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1 (7) Protecting water quality and public health
2 by reducing stormwater runoff and keeping harmful
3 pollutants from entering waterways.
4 (8) Ensuring that trees are planted in locations
5 that limit the amount of public money needed to
6 maintain public and electric infrastructure.
7 (d) GENERAL AUTHORITY.—
8 (1) ASSISTANCE.—The Secretary is authorized
9 to provide financial, technical, and related assistance
10 to retail power providers to assist with the establish11
ment of new, or continued operation of existing, tar12
geted tree-planting programs for residences and
13 small office buildings.
14 (2) PUBLIC RECOGNITION INITIATIVE.—In car15
rying out the authority provided under this section,
16 the Secretary shall also create a national public rec17
ognition initiative to encourage participation in tree18
planting programs by retail power providers.
19 (3) ELIGIBILITY.—Only those programs which
20 utilize targeted, strategic tree-siting guidelines to
21 plant trees in relation to building location, sunlight,
22 and prevailing wind direction shall be eligible for as23
sistance under this section.
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1 (4) REQUIREMENTS.—In order to qualify for
2 assistance under this section, a tree-planting pro3
gram shall meet each of the following requirements:
4 (A) The program shall provide free or dis5
counted shade-providing or wind-reducing trees
6 to residential and small office consumers inter7
ested in lowering their home energy costs.
8 (B) The program shall optimize the elec9
tricity-consumption reduction benefit of each
10 tree by planting in strategic locations around a
11 given residence or small office.
12 (C) The program shall either—
13 (i) provide maximum amounts of
14 shade during summer intervals when resi15
dences and small offices are exposed to the
16 most sun intensity; or
17 (ii) provide maximum amounts of
18 wind protection during fall and winter in19
tervals when residences and small offices
20 are exposed to the most wind intensity.
21 (D) The program shall use the best avail22
able science to create tree siting guidelines
23 which dictate where the optimum tree species
24 are best planted in locations that achieve max25
imum reductions in consumer energy demand
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1 while causing the least disruption to public in2
frastructure, considering overhead and under3
ground facilities.
4 (E) The program shall receive certification
5 from the Secretary that it is designed to achieve
6 the goals set forth in subparagraphs (A)
7 through (D). In designating criteria for such
8 certification, the Secretary shall collaborate
9 with the United States Forest Service’s Urban
10 and Community Forestry Program to ensure
11 that certification requirements are consistent
12 with such above goals.
13 (5) NEW PROGRAM FUNDING SHARE.—The Sec14
retary shall ensure that no less than 30 percent of
15 the funds made available under this section are dis16
tributed to retail power providers which—
17 (A) have not previously established or op18
erated qualified tree-planting programs; or
19 (B) are operating qualified tree-planting
20 programs which were established no more than
21 three years prior to the date of enactment of
22 this section.
23 (e) AGREEMENTS BETWEEN ELECTRICITY PRO24
VIDERS AND TREE-PLANTING ORGANIZATIONS.—
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1 (1) GRANT AUTHORIZATION.—In providing as2
sistance under this section, the Secretary is author3
ized to award grants only to retail power providers
4 that have entered into binding legal agreements with
5 nonprofit tree-planting organizations.
6 (2) CONDITIONS OF AGREEMENT.—Those
7 agreements between retail power providers and tree8
planting organizations shall set forth conditions
9 under which nonprofit tree-planting organizations
10 shall provide targeted tree-planting programs which
11 may require these organizations to—
12 (A) participate in local technical advisory
13 committees responsible for drafting general
14 tree-siting guidelines and choosing the most ef15
fective species of trees to plant in given loca16
tions;
17 (B) coordinate volunteer recruitment to as18
sist with the physical act of planting trees in
19 residential locations;
20 (C) undertake public awareness campaigns
21 to educate local residents about the benefits,
22 cost savings, and availability of free shade
23 trees;
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1 (D) establish education and information
2 campaigns to encourage recipients to maintain
3 their shade trees over the long term;
4 (E) serve as the point of contact for exist5
ing and potential residential participants who
6 have questions or concerns regarding the tree7
planting program;
8 (F) require tree recipients to sign agree9
ments committing to voluntary stewardship and
10 care of provided trees;
11 (G) monitor and report on the survival,
12 growth, overall health, and estimated energy
13 savings of provided trees up until the end of
14 their establishment period which shall be no
15 less than five years; and
16 (H) ensure that trees planted near existing
17 power lines will not interfere with energized
18 electricity distribution lines when mature, and
19 that no new trees will be planted under or adja20
cent to high-voltage electric transmission lines
21 without prior consultation with the applicable
22 retail power provider receiving assistance under
23 this section.
24 (3) LACK OF NONPROFIT ORGANIZATION.—If
25 qualified nonprofit or not-for-profit tree planting or-
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1 ganizations do not exist or operate within areas
2 served by retail power providers applying for assist3
ance under this section, the requirements of this sec4
tion shall apply to binding legal agreements entered
5 into by such retail power providers and one of the
6 following entities:
7 (A) Local municipal governments with ju8
risdiction over the urban or suburban forest.
9 (B) The State Forester for the State in
10 which the tree planting program will operate.
11 (C) The United States Forest Service’s
12 Urban and Community Forestry representative
13 for the State in which the tree-planting pro14
gram will operate.
15 (D) A landscaping services company that
16 is—
17 (i) identified in consultation with a
18 national or State nonprofit or not-for-prof19
it tree-planting organization;
20 (ii) licensed to operate in the State in
21 which the tree-planting program will oper22
ate; and
23 (iii) a business as defined by the
24 United States Census Bureau’s 2007
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1 North American Industry Classification
2 System Code 561730.
3 (f) TECHNICAL ADVISORY COMMITTEES.—
4 (1) DESCRIPTION.—In order to qualify for as5
sistance under this section, the retail power provider
6 shall establish and consult with a local technical ad7
visory committee which shall provide advice and con8
sultation to the program, and may—
9 (A) design and adopt an approved plant
10 list that emphasizes the use of hardy,
11 noninvasive tree species and, where geographi12
cally appropriate, the use of native, or site13
adapted, or low water-use shade trees;
14 (B) design and adopt planting, installation,
15 and maintenance specifications and create a
16 process for inspection and quality control;
17 (C) ensure that tree recipients are edu18
cated to care for and maintain their trees over
19 the long term;
20 (D) help the public become more engaged
21 and educated in the planting and care of shade
22 trees;
23 (E) prioritize which sites receive trees, giv24
ing preference to locations with the most poten25
tial for energy conservation and secondary pref-
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1 erence to areas where the average annual in2
come is below the regional median; and
3 (F) assist with monitoring and collection of
4 data on tree health, tree survival, and energy
5 conservation benefits generated under this sec6
tion.
7 (2) COMPENSATION.—Individuals serving on
8 local technical advisory committees shall not receive
9 compensation for their service.
10 (3) COMPOSITION.—Local technical advisory
11 committees shall be composed of representatives
12 from public, private, and nongovernmental agencies
13 with expertise in demand-side energy efficiency man14
agement, urban forestry, or arboriculture, and shall
15 be composed of the following:
16 (A) Up to 4 persons, but no less than one
17 person, representing the retail power provider
18 receiving assistance under this section.
19 (B) Up to 4 persons, but no less than one
20 person, representing the local tree-planting or21
ganization which will partner with the retail
22 power provider to carry out this section.
23 (C) Up to 3 persons representing local
24 nonprofit conservation or environmental organi25
zations. Preference shall be given to those enti-
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1 ties which are organized under section
2 501(c)(3) of the Internal Revenue Code of
3 1986, and which have demonstrated expertise
4 engaging the public in energy conservation, en5
ergy efficiency, or green building practices or a
6 combination thereof, such that no single organi7
zation is represented by more than one indi8
vidual under this paragraph.
9 (D) Up to 2 persons representing a local
10 affordable housing agency, affordable housing
11 builder, or community development corporation.
12 (E) Up to 3, but no less than one, persons
13 representing local city or county government for
14 each municipality where a shade tree-planting
15 program will take place; at least one of these
16 representatives shall be the city or county for17
ester, city or county arborist, or functional
18 equivalent.
19 (F) Up to one person representing the
20 local government agency responsible for man21
agement of roads, sewers, and infrastructure,
22 including but not limited to public works de23
partments, transportation agencies, or equiva24
lents.
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1 (G) Up to 3 persons representing the nurs2
ery and landscaping industry.
3 (H) Up to 3 persons representing the re4
search community or academia with expertise in
5 natural resources or energy management issues.
6 (4) CHAIRPERSON.—Each local technical advi7
sory committee shall elect a chairperson to preside
8 over Committee meetings, act as a liaison to govern9
mental and other outside entities, and direct the
10 general operation of the committee; only committee
11 representatives from paragraph (3)(A) or paragraph
12 (3)(B) of this subsection shall be eligible to act as
13 local technical advisory committee chairpersons.
14 (5) CREDENTIALS.—At least one of the mem15
bers of each local technical advisory committee shall
16 be certified with one or more of the following creden17
tials: International Society of Arboriculture; Cer18
tified Arborist, ISA; Certified Arborist Municipal
19 Specialist, ISA; Certified Arborist Utility Specialist,
20 ISA; Board Certified Master Arborist; or Registered
21 Landscape Architect recommended by the American
22 Society of Landscape Architects.
23 (g) COST-SHARE PROGRAM.—
24 (1) FEDERAL SHARE.—The Federal share of
25 support for projects funded under this section shall
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1 not exceed 50 percent of the cost of such project and
2 shall be provided on a matching basis.
3 (2) NON-FEDERAL SHARE.—The non-Federal
4 share of such costs may be paid or contributed by
5 any governmental or nongovernmental entity other
6 than from funds derived directly or indirectly from
7 an agency or instrumentality of the United States.
8 (h) RULEMAKING.—
9 (1) RULEMAKING PERIOD.—The Secretary shall
10 be authorized to solicit comments and initiate a rule11
making period that shall last no more than 6
12 months after the date of enactment of this section.
13 (2) COMPETITIVE GRANT RULE.—At the conclu14
sion of the rulemaking period under paragraph (1),
15 the Secretary shall promulgate a rule governing a
16 public, competitive grants process through which re17
tail power providers may apply for Federal support
18 under this section.
19 (i) NONDUPLICITY.—Nothing in this section shall be
20 construed to supersede, duplicate, cancel, or negate the
21 programs or authorities provided under section 9 of the
22 Cooperative Forestry Assistance Act of 1978 (92 Stat.
23 369; Public Law 95–313; 16 U.S.C. 2105).
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1 (j) AUTHORIZATION OF APPROPRIATIONS.—There
2 are hereby authorized to be appropriated such sums as
3 may be necessary for the implementation of this section.
4 SEC. 206. ENERGY EFFICIENCY FOR DATA CENTER BUILD5
INGS.
6 Section 453(c)(1) of the Energy Independence and
7 Security Act of 2007 (42 U.S.C. 17112(c)(1)) is amended
8 by inserting ‘‘but not later than 2 years after the date
9 of enactment of this Act’’ after ‘‘described in subsection
10 (b)’’.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

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  • Posts: 8,939
Re: TEXT of HR2454 Posted in Sections
« Reply #19 on: June 27, 2009, 03:22:19 pm »
===================================================
TITLE II - Energy Efficiency
===================================================
Subtitle B: Lighting and Appliance Energy Efficiency Programs (Part 1 of 3)
===================================================

11 Subtitle B—Lighting and Appliance
12 Energy Efficiency Programs
13 SEC. 211. LIGHTING EFFICIENCY STANDARDS.
14 (a) OUTDOOR LIGHTING.—
15 (1) DEFINITIONS.—
16 (A) Section 340(1) of the Energy Policy
17 and Conservation Act (42 U.S.C. 6311(1)) is
18 amended by striking subparagraph (L) and in19
serting the following:
20 ‘‘(L) Outdoor luminaires.
21 ‘‘(M) Outdoor high light output lamps.
22 ‘‘(N) Any other type of industrial equip23
ment which the Secretary classifies as covered
24 equipment under section 341(b).’’.
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1 (B) Section 340 of the Energy Policy and
2 Conservation Act (42 U.S.C. 6311) is amended
3 as adding at the end the following:
4 ‘‘(25) The term ‘luminaire’ means a complete
5 lighting unit consisting of one or more light sources
6 and ballast(s), together with parts designed to dis7
tribute the light, to position and protect such lamps,
8 and to connect such light sources to the power sup9
ply.
10 ‘‘(26) The term ‘outdoor luminaire’ means a lu11
minaire that is listed as suitable for wet locations
12 pursuant to Underwriters Laboratories Inc. stand13
ard UL 1598 and is labeled as ‘Suitable for Wet Lo14
cations’ consistent with section 410.4(A) of the Na15
tional Electrical Code 2005, or is designed for road16
way illumination and meets the requirements of Ad17
dendum A for IESNA TM-15-07: Backlight,
18 Uplight, and Glare (BUG) Ratings, except for—
19 ‘‘(A) luminaires designed for outdoor video
20 display images that cannot be used in general
21 lighting applications;
22 ‘‘(B) portable luminaires designed for use
23 at construction sites;
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1 ‘‘(C) luminaires designed for continuous
2 immersion in swimming pools and other water
3 features;
4 ‘‘(D) seasonal luminaires incorporating
5 solely individual lamps rated at 10 watts or
6 less;
7 ‘‘(E) luminaires designed to be used in
8 emergency conditions that incorporate a means
9 of charging a battery and a device to switch the
10 power supply to emergency lighting loads auto11
matically upon failure of the normal power sup12
ply;
13 ‘‘(F) components used for repair of in14
stalled luminaries and that meet the require15
ments of section 342(h);
16 ‘‘(G) a luminaire utilizing an electrode-less
17 fluorescent lamp as the light source;
18 ‘‘(H) decorative gas lighting systems;
19 ‘‘(I) luminaires designed explicitly for
20 lighting for theatrical purposes, including per21
formance, stage, film production, and video pro22
duction;
23 ‘‘(J) luminaires designed as theme ele24
ments in theme/amusement parks and that can-
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1 not be used in most general lighting applica2
tions;
3 ‘‘(K) luminaires designed explicitly for ve4
hicular roadway tunnels designed to comply
5 with ANSI/IESNA RP-22-05;
6 ‘‘(L) luminaires designed explicitly for haz7
ardous locations meeting UL Standard 844;
8 ‘‘(M) searchlights;
9 ‘‘(N) luminaires that are designed to be re10
cessed into a building, and that cannot be used
11 in most general lighting applications;
12 ‘‘(O) a luminaire rated only for residential
13 applications utilizing a light source or sources
14 regulated under the amendments made by sec15
tion 321 of the Energy Independence and Secu16
rity Act of 2007 and with a light output no
17 greater than 2,600 lumens;
18 ‘‘(P) a residential pole-mounted luminaire
19 that is not rated for commercial use utilizing a
20 light source or sources meeting the efficiency
21 requirements of section 231 of the Energy
22 Independence and Security Act of 2007 and
23 mounted on a post or pole not taller than 10.5
24 feet above ground and with a light output not
25 greater than 2,600 lumens;
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1 ‘‘(Q) a residential fixture with E12 (Can2
delabra) bases that is rated for not more than
3 300 watts total; or
4 ‘‘(R) a residential fixture with medium
5 screw bases that is rated for not more than 145
6 watts.
7 ‘‘(27) The term ‘outdoor high light outputlamp’
8 means a lamp that—
9 ‘‘(A) has a rated lumen output not less
10 than 2601 lumens;
11 ‘‘(B) is capable of being operated at a volt12
age not less than 110 volts and not greater
13 than 300 volts, or driven at a constant current
14 of 6.6 amperes;
15 ‘‘(C) is not a Parabolic Aluminized Reflec16
tor lamp; and
17 ‘‘(D) is not a J-type double-ended (T-3)
18 halogen quartz lamp, utilizing R-7S bases, that
19 is manufactured before January 1, 2015.
20 ‘‘(28) The term ‘outdoor lighting control’ means
21 a device incorporated in a luminaire that receives a
22 signal, from either a sensor (such as an occupancy
23 sensor, motion sensor, or daylight sensor) or an
24 input signal (including analog or digital signals com25
municated through wired or wireless technology),
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1 and can adjust the light level according to the sig2
nal.’’.
3 (2) STANDARDS.— Section 342 of the Energy
4 Policy and Conservation Act (42 U.S.C. 6313) is
5 amended by adding at the end the following:
6 ‘‘(g) OUTDOOR LUMINAIRES.—
7 ‘‘(1) Each outdoor luminaire manufactured on
8 or after January 1, 2011, shall—
9 ‘‘(A) have an initial luminaire efficacy of
10 at least 50 lumens per watt; and
11 ‘‘(B) be designed to use a light source with
12 a lumen maintenance, calculated as mean rated
13 lumens divided by initial lumens, of at least 0.6.
14 ‘‘(2) Each outdoor luminaire manufactured on
15 or after January 1, 2013, shall—
16 ‘‘(A) have an initial luminaire efficacy of
17 at least 70 lumens per watt; and
18 ‘‘(B) be designed to use a light source with
19 a lumen maintenance, calculated as mean rated
20 lumens divided by initial lumens, of at least 0.6.
21 ‘‘(3) Each outdoor luminaire manufactured on
22 or after January 1, 2015, shall—
23 ‘‘(A) have an initial luminaire efficacy of
24 at least 80 lumens per watt; and
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H.L.C.
1 ‘‘(B) be designed to use a light source with
2 a lumen maintenance, calculated as mean rated
3 lumens divided by initial lumens, of at least
4 0.65.
5 ‘‘(4) In addition to the requirements of para6
graphs (1) through (3), each outdoor luminaire man7
ufactured on or after January 1, 2011, shall have
8 the capability of producing at least two different
9 light levels, including 100 percent and 60 percent of
10 full lamp output as tested with the maximum rated
11 lamp per UL1598 or the manufacturer’s maximum
12 specified for the luminaire under test.
13 ‘‘(5)(A) Not later than January 1, 2017, the
14 Secretary shall issue a final rule amending the appli15
cable standards established in paragraphs (3) and
16 (4) if technologically feasible and economically justi17
fied.
18 ‘‘(B) A final rule issued under subparagraph
19 (A) shall establish efficiency standards at the max20
imum level that is technically feasible and economi21
cally justified, as provided in subsections (o) and (p)
22 of section 325. The Secretary may also, in such rule23
making, amend or discontinue the product exclusions
24 listed in section 340(26)(A) through (P), or amend
25 the lumen maintenance requirements in paragraph
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H.L.C.
1 (3) if the Secretary determines that such amend2
ments are consistent with the purposes of this Act.
3 ‘‘(C) If the Secretary issues a final rule under
4 subparagraph (A) establishing amended standards,
5 the final rule shall provide that the amended stand6
ards apply to products manufactured on or after
7 January 1, 2020, or one year after the date on
8 which the final amended standard is published,
9 whichever is later.
10 ‘‘(h) OUTDOOR HIGH LIGHT OUTPUT LAMPS.—Each
11 outdoor high light output lamp manufactured on or after
12 January 1, 2012, shall have a lighting efficiency of at least
13 45 lumens per watt.’’.
14 (3) TEST PROCEDURES.— Section 343(a) of the
15 Energy Policy and Conservation Act (42 U.S.C.
16 6314(a)) is amended by adding at the end the fol17
lowing:
18 ‘‘(10) OUTDOOR LIGHTING.—
19 ‘‘(A) With respect to outdoor luminaires
20 and outdoor high light output lamps, the test
21 procedures shall be based upon the test proce22
dures specified in illuminating engineering soci23
ety procedures LM–79 as of March 1, 2009,
24 and LM-31, and/or other appropriate consensus
25 test procedures developed by the Illuminating
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1 Engineering Society or other appropriate con2
sensus standards bodies.
3 ‘‘(B) If illuminating engineering society
4 procedure LM—79 is amended, the Secretary
5 shall amend the test procedures established in
6 subparagraph (A) as necessary to be consistent
7 with the amended LM–79 test procedure, unless
8 the Secretary determines, by rule, published in
9 the Federal Register and supported by clear
10 and convincing evidence, that to do so would
11 not meet the requirements for test procedures
12 under paragraph (2).
13 ‘‘(C) The Secretary may revise the test
14 procedures for outdoor luminaires or outdoor
15 high light output lamps by rule consistent with
16 paragraph (2), and may incorporate as appro17
priate consensus test procedures developed by
18 the Illuminating Engineering Society or other
19 appropriate consensus standards bodies.’’.
20 (4) PREEMPTION.— Section 345 of the Energy
21 Policy and Conservation Act (42 U.S.C. 6316) is
22 amended by adding at the end the following:
23 ‘‘(i)(1) Except as provided in paragraph (2), section
24 327 shall apply to outdoor luminaires to the same extent
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1 and in the same manner as the section applies under part
2 B.
3 ‘‘(2) Any State standard that is adopted on or before
4 January 1, 2015, pursuant to a statutory requirement to
5 adopt efficiency standards for reducing outdoor lighting
6 energy use enacted prior to January 31, 2008, shall not
7 be preempted.’’.
8 (5) ENERGY EFFICIENCY STANDARDS FOR CER9
TAIN LUMINAIRES.—Not later than 1 year after the
10 date of enactment of this Act, the Secretary of En11
ergy shall, in consultation with the National Elec12
trical Manufacturers Association, collect data for
13 United States sales of luminaires described in sec14
tion 340(26)(H) and (M) of the Energy Policy and
15 Conservation Act, to determine the historical growth
16 rate. If the Secretary finds that the growth in mar17
ket share of such luminaires exceeds twice the year
18 to year rate of the average of the previous three
19 years, then the Secretary shall within 12 months ini20
tiate a rulemaking to determine if such exclusion
21 should be eliminated, if substitute products exist
22 that perform more efficiently and fulfill the perform23
ance functions of these luminaires.
24 (b) PORTABLE LIGHTING.—
25 (1) PORTABLE LIGHT FIXTURES.—
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1 (A) DEFINITIONS.—Section 321 of the En2
ergy Policy and Conservation Act (42 U.S.C.
3 6291) is amended by adding at the end the fol4
lowing:
5 ‘‘(67) ART WORK LIGHT FIXTURE.—The term
6 ‘art work light fixture’ means a light fixture de7
signed only to be mounted directly to an art work
8 and for the purpose of illuminating that art work.
9 ‘‘(68) LED LIGHT ENGINE.—The term ‘LED
10 light engine’ or ‘LED light engine with integral heat
11 sink’ means a subsystem of an LED light fixture
12 that—
13 ‘‘(A) includes 1 or more LED components,
14 including—
15 ‘‘(i) an LED driver power source with
16 electrical and mechanical interfaces; and
17 ‘‘(ii) an integral heat sink to provide
18 thermal dissipation; and
19 ‘‘(B) may be designed to accept additional
20 components that provide aesthetic, optical, and
21 environmental control.
22 ‘‘(69) LED LIGHT FIXTURE.—The term ‘LED
23 light fixture’ means a complete lighting unit con24
sisting of—
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1 ‘‘(A) an LED light source with 1 or more
2 LED lamps or LED light engines; and
3 ‘‘(B) parts—
4 ‘‘(i) to distribute the light;
5 ‘‘(ii) to position and protect the light
6 source; and
7 ‘‘(iii) to connect the light source to
8 electrical power.
9 ‘‘(70) LIGHT FIXTURE.—The term ‘light fix10
ture’ means a product designed to provide light that
11 includes—
12 ‘‘(A) at least 1 lamp socket; and
13 ‘‘(B) parts—
14 ‘‘(i) to distribute the light;
15 ‘‘(ii) position and protect 1 or more
16 lamps; and
17 ‘‘(iii) to connect 1 or more lamps to a
18 power supply.
19 ‘‘(71) PORTABLE LIGHT FIXTURE.—
20 ‘‘(A) IN GENERAL.—The term ‘portable
21 light fixture’ means a light fixture that has a
22 flexible cord and an attachment plug for con23
nection to a nominal 120-volt circuit that—
24 ‘‘(i) allows the user to relocate the
25 product without any rewiring; and
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1 ‘‘(ii) typically can be controlled with a
2 switch located on the product or the power
3 cord of the product.
4 ‘‘(B) EXCLUSIONS.—The term ‘portable
5 light fixture’ does not include—
6 ‘‘(i) direct plug-in night lights, sun or
7 heat lamps, medical or dental lights, port8
able electric hand lamps, signs or commer9
cial advertising displays, photographic
10 lamps, germicidal lamps, or light fixtures
11 for marine use or for use in hazardous lo12
cations (as those terms are defined in
13 ANSI/NFPA 70 of the National Electrical
14 Code); or
15 ‘‘(ii) decorative lighting strings, deco16
rative lighting outfits, or electric candles or
17 candelabra without lamp shades that are
18 covered by Underwriter Laboratories (UL)
19 standard 588, ‘Seasonal and Holiday Dec20
orative Products’.’’.
21 (B) COVERAGE.—
22 (i) IN GENERAL.—Section 322(a) of
23 the Energy Policy and Conservation Act
24 (42 U.S.C. 6292(a)) is amended—
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H.L.C.
1 (I) by redesignating paragraph
2 (20) as paragraph (24); and
3 (II) by inserting after paragraph
4 (19) the following:
5 ‘‘(20) Portable light fixtures.’’.
6 (ii) CONFORMING AMENDMENTS.—
7 Section 325(l) of the Energy Policy and
8 Conservation Act (42 U.S.C. 6295(l)) is
9 amended by striking ‘‘paragraph (19)’’
10 each place it appears in paragraphs (1)
11 and (2) and inserting ‘‘paragraph (24)’’.
12 (C) TEST PROCEDURES.—Section 323(b)
13 of the Energy Policy and Conservation Act (42
14 U.S.C. 6293(b)) is amended by adding at the
15 end the following:
16 ‘‘(19) LED FIXTURES AND LED LIGHT EN17
GINES.—Test procedures for LED fixtures and LED
18 light engines shall be based on Illuminating Engi19
neering Society of North America (IESNA) test pro20
cedure LM–79, Approved Method for Electrical and
21 Photometric Testing of Solid-State Lighting Devices,
22 and IESNA-approved test procedure for testing
23 LED light engines.’’.
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H.L.C.
1 (D) STANDARDS.—Section 325 of the En2
ergy Policy and Conservation Act (42 U.S.C.
3 6295) is amended—
4 (i) by redesignating subsection (ii) as
5 subsection (oo);
6 (ii) in subsection (oo)(2), as redesig7
nated in clause (i) of this subparagraph, by
8 striking ‘‘(hh)’’ each place it appears and
9 inserting ‘‘(mm)’’; and
10 (iii) by inserting after subsection (hh)
11 the following:
12 ‘‘(ii) PORTABLE LIGHT FIXTURES.—
13 ‘‘(1) IN GENERAL.—Subject to paragraphs (2)
14 and (3), portable light fixtures manufactured on or
15 after January 1, 2012, shall meet 1 or more of the
16 following requirements:
17 ‘‘(A) Be a fluorescent light fixture that
18 meets the requirements of the Energy Star Pro19
gram for Residential Light Fixtures, Version
20 4.2.
21 ‘‘(B) Be equipped with only 1 or more
22 GU–24 line-voltage sockets, not be rated for
23 use with incandescent lamps of any type (as de24
fined in ANSI standards), and meet the re-
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H.L.C.
1 quirements of version 4.2 of the Energy Star
2 program for residential light fixtures.
3 ‘‘(C) Be an LED light fixture or a light
4 fixture with an LED light engine and comply
5 with the following minimum requirements:
6 ‘‘(i) Minimum light output: 200
7 lumens (initial).
8 ‘‘(ii) Minimum LED light engine effi9
cacy: 40 lumens/watt installed in fixtures
10 that meet the minimum light fixture effi11
cacy of 29 lumens/watt or, alternatively, a
12 minimum LED light engine efficacy of 60
13 lumens/watt for fixtures that do not meet
14 the minimum light fixture efficacy of 29
15 lumens/watt.
16 ‘‘(iii) All portable fixtures shall have a
17 minimum LED light fixture efficacy of 29
18 lumens/watt and a minimum LED light
19 engine efficacy of 60 lumens/watt by Janu20
ary 1, 2016.
21 ‘‘(iv) Color Correlated Temperature
22 (CCT): 2700K through 4000K.
23 ‘‘(v) Minimum Color Rendering Index
24 (CRI): 75.
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1 ‘‘(vi) Power factor equal to or greater
2 than 0.70.
3 ‘‘(vii) Portable luminaries that have
4 internal power supplies shall have zero
5 standby power when the luminaire is
6 turned off.
7 ‘‘(viii) LED light sources shall deliver
8 at least 70 percent of initial lumens for at
9 least 25,000 hours.
10 ‘‘(D)(i) Be equipped with an ANSI-des11
ignated E12, E17, or E26 screw-based socket
12 and be prepackaged and sold together with 1
13 screw-based compact fluorescent lamp or screw14
based LED lamp for each screw-based socket
15 on the portable light fixture.
16 ‘‘(ii) The compact fluorescent or LED
17 lamps prepackaged with the light fixture shall
18 be fully compatible with any light fixture con19
trols incorporated into the light fixture (for ex20
ample, light fixtures with dimmers shall be
21 packed with dimmable lamps).
22 ‘‘(iii) Compact fluorescent lamps pre23
packaged with light fixtures shall meet the re24
quirements of the Energy Star Program for
25 CFLs Version 4.0.
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1 ‘‘(iv) Screw-based LED lamps shall comply
2 with the minimum requirements described in
3 subparagraph (C).
4 ‘‘(E) Be equipped with 1 or more single5
ended, non-screw based halogen lamp sockets
6 (line or low voltage), a dimmer control or high7
low control, and be rated for a maximum of 100
8 watts.
9 ‘‘(2) REVIEW.—
10 ‘‘(A) REVIEW.—The Secretary shall review
11 the criteria and standards established under
12 paragraph (1) to determine if revised standards
13 are technologically feasible and economically
14 justified.
15 ‘‘(B) COMPONENTS.—The review shall in16
clude consideration of—
17 ‘‘(i) whether a separate compliance
18 procedure is still needed for halogen fix19
tures described in subparagraph (E) and,
20 if necessary, what an appropriate standard
21 for halogen fixtures shall be;
22 ‘‘(ii) whether the specific technical cri23
teria described in subparagraphs (A), (C),
24 and (D)(iii) should be modified; and
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1 ‘‘(iii) which fixtures should be exempt2
ed from the light fixture efficacy standard
3 as of January 1, 2016, because the fix4
tures are primarily decorative in nature (as
5 defined by the Secretary) and, even if ex6
empted, are likely to be sold in limited
7 quantities.
8 ‘‘(C) TIMING.—
9 ‘‘(i) DETERMINATION.—Not later
10 than January 1, 2014, the Secretary shall
11 publish amended standards, or a deter12
mination that no amended standards are
13 justified, under this subsection.
14 ‘‘(ii) STANDARDS.—Any standards
15 under this paragraph shall take effect on
16 January 1, 2016.
17 ‘‘(3) ART WORK LIGHT FIXTURES.—Art work
18 light fixtures manufactured on or after January 1,
19 2012, shall—
20 ‘‘(A) comply with paragraph (1); or
21 ‘‘(B)(i) contain only ANSI-designated E12
22 screw-based line-voltage sockets;
23 ‘‘(ii) have not more than 3 sockets;
24 ‘‘(iii) be controlled with an integral high/
25 low switch;
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1 ‘‘(iv) be rated for not more than 25 watts
2 if fitted with 1 socket; and
3 ‘‘(v) be rated for not more than 15 watts
4 per socket if fitted with 2 or 3 sockets.
5 ‘‘(4) EXCEPTION FROM PREEMPTION.—Not6
withstanding section 327, Federal preemption shall
7 not apply to a regulation concerning portable light
8 fixtures adopted by the California Energy Commis9
sion on or before January 1, 2014.’’.
10 (2) GU–24 BASE LAMPS.—
11 (A) DEFINITIONS.—Section 321 of the En12
ergy Policy and Conservation Act (42 U.S.C.
13 6291) (as amended by paragraph (1)(A)) is
14 amended by adding at the end the following:
15 ‘‘(72) GU–24.—The term ‘GU–24’ means the
16 designation of a lamp socket, based on a coding sys17
tem by the International Electrotechnical Commis18
sion, under which—
19 ‘‘(A) ‘G’ indicates a holder and socket type
20 with 2 or more projecting contacts, such as pins
21 or posts;
22 ‘‘(B) ‘U’ distinguishes between lamp and
23 holder designs of similar type that are not
24 interchangeable due to electrical or mechanical
25 requirements; and
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1 ‘‘(C) 24 indicates the distance in millime2
ters between the electrical contact posts.
3 ‘‘(73) GU-24 ADAPTOR.—
4 ‘‘(A) IN GENERAL.—The term ‘GU-24
5 Adaptor’ means a 1-piece device, pig-tail, wiring
6 harness, or other such socket or base attach7
ment that—
8 ‘‘(i) connects to a GU-24 socket on 1
9 end and provides a different type of socket
10 or connection on the other end; and
11 ‘‘(ii) does not alter the voltage.
12 ‘‘(B) EXCLUSION.—The term ‘GU-24
13 Adaptor’ does not include a fluorescent ballast
14 with a GU–24 base.
15 ‘‘(74) GU–24 BASE LAMP.—‘GU–24 base lamp’
16 means a light bulb designed to fit in a GU–24 sock17
et.’’.
18 (B) STANDARDS.—Section 325 of the En19
ergy Policy and Conservation Act (42 U.S.C.
20 6295) (as amended by paragraph (1)(D)) is
21 amended by inserting after subsection (ii) the
22 following:
23 ‘‘(jj) GU–24 BASE LAMPS.—
24 ‘‘(1) IN GENERAL.—A GU–24 base lamp shall
25 not be an incandescent lamp as defined by ANSI.
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1 ‘‘(2) GU-24 ADAPTORS.—GU–24 adaptors shall
2 not adapt a GU–24 socket to any other line voltage
3 socket.’’.
4 (3) STANDARDS FOR CERTAIN INCANDESCENT
5 REFLECTOR LAMPS.—Section 325(i) of the Energy
6 Policy and Conservation Act (42 U.S.C. 6295(i)), as
7 amended by section 161(a)(12) of this Act, is
8 amended by adding at the end the following:
9 ‘‘(9) CERTAIN INCANDESCENT REFLECTOR
10 LAMPS.—(A) No later than 12 months after enact11
ment of this paragraph, the Secretary shall publish
12 a final rule establishing standards for incandescent
13 reflector lamp types described in paragraph (1)(D).
14 Such standards shall be effective on July 1, 2013.
15 ‘‘(B) Any rulemaking for incandescent reflector
16 lamps completed after enactment of this section
17 shall consider standards for all incandescent reflec18
tor lamps, inclusive of those specified in paragraph
19 (1)(C).
20 ‘‘(10) REFLECTOR LAMPS.—No later than Jan21
uary 1, 2015, the Secretary shall publish a final rule
22 establishing and amending standards for reflector
23 lamps, including incandescent reflector lamps. Such
24 standards shall be effective no sooner than three
25 years after publication of the final rule. Such rule-
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1 making shall consider incandescent and non2
incandescent technologies. Such rulemaking shall
3 consider a new metric other than lumens-per-watt
4 based on the photometric distribution of light from
5 such lamps.’’.
6 SEC. 212. OTHER APPLIANCE EFFICIENCY STANDARDS.
7 (a) STANDARDS FOR WATER DISPENSERS, HOT
8 FOOD HOLDING CABINETS, AND PORTABLE ELECTRIC
9 SPAS.—
10 (1) DEFINITIONS.—Section 321 of the Energy
11 Policy and Conservation Act (42 U.S.C. 6291), as
12 amended by section 211 of this Act, is further
13 amended by adding at the end the following:
14 ‘‘(75) The term ‘water dispenser’ means a fac15
tory-made assembly that mechanically cools and
16 heats potable water and that dispenses the cooled or
17 heated water by integral or remote means.
18 ‘‘(76) The term ‘bottle-type water dispenser’
19 means a drinking water dispenser designed for dis20
pensing both hot and cold water that uses a remov21
able bottle or container as the source of potable
22 water.
23 ‘‘(77) The term ‘commercial hot food holding
24 cabinet’ means a heated, fully-enclosed compartment
25 with one or more solid or glass doors that is de-
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1 signed to maintain the temperature of hot food that
2 has been cooked in a separate appliance. Such term
3 does not include heated glass merchandizing cabi4
nets, drawer warmers, commercial hot food holding
5 cabinets with interior volumes of less than 8 cubic
6 feet, or cook-and-hold appliances.
7 ‘‘(78) The term ‘portable electric spa’ means a
8 factory-built electric spa or hot tub, supplied with
9 equipment for heating and circulating water.’’.
10 (2) COVERAGE.—Section 322(a) of the Energy
11 Policy and Conservation Act (42 U.S.C. 6292(a)), as
12 amended by section 211(b)(1)(B) of this Act, is fur13
ther amended by inserting after paragraph (20) the
14 following new paragraphs:
15 ‘‘(21) Bottle type water dispensers.
16 ‘‘(22) Commercial hot food holding cabinets.
17 ‘‘(23) Portable electric spas.’’.
18 (3) TEST PROCEDURES.—Section 323(b) of the
19 Energy Policy and Conservation Act (42 U.S.C.
20 6293(b)), as amended by section 211(b)(1)(C) of
21 this Act, is further amended by adding at the end
22 the following:
23 ‘‘(20) BOTTLE TYPE WATER DISPENSERS.—
24 Test procedures for bottle type water dispensers
25 shall be based on ‘Energy Star Program Require-
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1 ments for Bottled Water Coolers version 1.1’ pub2
lished by the Environmental Protection Agency.
3 Units with an integral, automatic timer shall not be
4 tested using section 4D, ‘Timer Usage,’ of the test
5 criteria.
6 ‘‘(21) COMMERCIAL HOT FOOD HOLDING CABI7
NETS.—Test procedures for commercial hot food
8 holding cabinets shall be based on the test proce9
dures described in ANSI/ASTM F2140–01 (Test for
10 idle energy rate-dry test). Interior volume shall be
11 based on the method shown in the Environmental
12 Protection Agency’s ‘Energy Star Program Require13
ments for Commercial Hot Food Holding Cabinets’
14 as in effect on August 15, 2003.
15 ‘‘(22) PORTABLE ELECTRIC SPAS.—Test proce16
dures for portable electric spas shall be based on the
17 test method for portable electric spas contained in
18 section 1604, title 20, California Code of Regula19
tions as amended on December 3, 2008. When the
20 American National Standards Institute publishes a
21 test procedure for portable electric spas, the Sec22
retary shall revise the Department of Energy’s pro23
cedure.’’.
24 (4) STANDARDS.—Section 325 of the Energy
25 Policy and Conservation Act (42 U.S.C. 6295), as
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1 amended by section 211 of this Act, is further
2 amended by adding after subsection (jj) the fol3
lowing:
4 ‘‘(kk) BOTTLE TYPE WATER DISPENSERS.—Effec5
tive January 1, 2012, bottle-type water dispensers de6
signed for dispensing both hot and cold water shall not
7 have standby energy consumption greater than 1.2 kilo8
watt-hours per day.
9 ‘‘(ll) COMMERCIAL HOT FOOD HOLDING CABI10
NETS.—Effective January 1, 2012, commercial hot food
11 holding cabinets with interior volumes of 8 cubic feet or
12 greater shall have a maximum idle energy rate of 40 watts
13 per cubic foot of interior volume.
14 ‘‘(mm) PORTABLE ELECTRIC SPAS.—Effective Janu15
ary 1, 2012, portable electric spas shall not have a normal16
ized standby power greater than 5(V2⁄3) Watts where
17 V=the fill volume in gallons.
18 ‘‘(nn) REVISIONS.—The Secretary of Energy shall
19 consider revisions to the standards in subsections (kk),
20 (ll), and (mm) in accordance with subsection (o) and pub21
lish a final rule no later than January 1, 2013 establishing
22 such revised standards, or make a finding that no revi23
sions are technically feasible and economically justified.
24 Any such revised standards shall take effect January 1,
25 2016.’’.
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And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
Re: TEXT of HR2454 Posted in Sections
« Reply #20 on: June 27, 2009, 03:23:40 pm »
===================================================
TITLE II - Energy Efficiency
===================================================
Subtitle B: Lighting and Appliance Energy Efficiency Programs (Part 2 of 3)
===================================================

1 (b) COMMERCIAL FURNACE EFFICIENCY STAND2
ARDS.—Section 342(a) of the Energy Policy and Con3
servation Act (42 U.S.C. 6312(a)) is amended by inserting
4 after paragraph (10) the following new paragraph:
5 ‘‘(11) WARM AIR FURNACES.—Each warm air
6 furnace with an input rating of 225,000 Btu per
7 hour or more and manufactured after January 1,
8 2011, shall meet the following standard levels:
9 ‘‘(A) GAS-FIRED UNITS.—
10 ‘‘(i) Minimum thermal efficiency of 80
11 percent.
12 ‘‘(ii) Include an interrupted or inter13
mittent ignition device.
14 ‘‘(iii) Have jacket losses not exceeding
15 0.75 percent of the input rating.
16 ‘‘(iv) Have either power venting or a
17 flue damper.
18 ‘‘(B) OIL-FIRED UNITS.—
19 ‘‘(i) Minimum thermal efficiency of 81
20 percent.
21 ‘‘(ii) Have jacket losses not exceeding
22 0.75 percent of the input rating.
23 ‘‘(iii) Have either power venting or a
24 flue damper.’’.
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1 SEC. 213. APPLIANCE EFFICIENCY DETERMINATIONS AND
2 PROCEDURES.
3 (a) DEFINITION OF ENERGY CONSERVATION STAND4
ARD.—Section 321(6) of the Energy Policy and Conserva5
tion Act (42 U.S.C. 6291(6)) is amended to read as fol6
lows:
7 ‘‘(6) ENERGY CONSERVATION STANDARD.—
8 ‘‘(A) IN GENERAL.—The term ‘energy con9
servation standard’ means 1 or more perform10
ance standards that—
11 ‘‘(i) for covered products (excluding
12 clothes washers, dishwashers, showerheads,
13 faucets, water closets, and urinals), pre14
scribe a minimum level of energy efficiency
15 or a maximum quantity of energy use, de16
termined in accordance with test proce17
dures prescribed under section 323;
18 ‘‘(ii) for showerheads, faucets, water
19 closets, and urinals, prescribe a minimum
20 level of water efficiency or a maximum
21 quantity of water use, determined in ac22
cordance with test procedures prescribed
23 under section 323; and
24 ‘‘(iii) for clothes washers and dish25
washers—
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1 ‘‘(I) prescribe a minimum level of
2 energy efficiency or a maximum quan3
tity of energy use, determined in ac4
cordance with test procedures pre5
scribed under section 323; and
6 ‘‘(II) may include a minimum
7 level of water efficiency or a maximum
8 quantity of water use, determined in
9 accordance with those test procedures.
10 ‘‘(B) INCLUSIONS.—The term ‘energy con11
servation standard’ includes—
12 ‘‘(i) 1 or more design requirements, if
13 the requirements were established—
14 ‘‘(I) on or before the date of en15
actment of this subclause;
16 ‘‘(II) as part of a direct final rule
17 under section 325(p)(4); or
18 ‘‘(III) as part of a final rule pub19
lished on or after January 1, 2012,
20 and
21 ‘‘(ii) any other requirements that the
22 Secretary may prescribe under section
23 325(r).
24 ‘‘(C) EXCLUSION.—The term ‘energy con25
servation standard’ does not include a perform-
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1 ance standard for a component of a finished
2 covered product, unless regulation of the com3
ponent is specifically authorized or established
4 pursuant to this title.’’.
5 (b) ADOPTING CONSENSUS TEST PROCEDURES AND
6 TEST PROCEDURES IN USE ELSEWHERE.—Section
7 323(b) of the Energy Policy and Conservation Act (42
8 U.S.C. 6293(b)), as amended by sections 211 and 212 of
9 this Act, is further amended by adding the following new
10 paragraph after paragraph (22):
11 ‘‘(23) CONSENSUS AND ALTERNATE TEST PRO12
CEDURES.—
13 ‘‘(A) RECEIPT OF JOINT RECOMMENDA14
TION OR ALTERNATE TESTING PROCEDURE.—
15 On receipt of—
16 ‘‘(i) a statement that is submitted
17 jointly by interested persons that are fairly
18 representative of relevant points of view
19 (including representatives of manufactur20
ers of covered products, States, and effi21
ciency advocates), as determined by the
22 Secretary, and contains recommendations
23 with respect to the testing procedure for a
24 covered product; or
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1 ‘‘(ii) a submission of a testing proce2
dure currently in use for a covered product
3 by a State, nation, or group of nations—
4 ‘‘(I) if the Secretary determines
5 that the recommended testing proce6
dure contained in the statement or
7 submission is in accordance with sub8
section (b)(3), the Secretary may
9 issue a final rule that establishes an
10 energy or water conservation testing
11 procedure that is published simulta12
neously with a notice of proposed rule13
making that proposes a new or
14 amended energy or water conservation
15 testing procedure that is identical to
16 the testing procedure established in
17 the final rule to establish the rec18
ommended testing procedure (referred
19 to in this paragraph as a ‘direct final
20 rule’); or
21 ‘‘(II) if the Secretary determines
22 that a direct final rule cannot be
23 issued based on the statement or sub24
mission, the Secretary shall publish a
25 notice of the determination, together
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1 with an explanation of the reasons for
2 the determination.
3 ‘‘(B) PUBLIC COMMENT.—The Secretary
4 shall solicit public comment for a period of at
5 least 110 days with respect to each direct final
6 rule issued by the Secretary under subpara7
graph (A)(ii)(I).
8 ‘‘(C) WITHDRAWAL OF DIRECT FINAL
9 RULES.—
10 ‘‘(i) IN GENERAL.—Not later than
11 120 days after the date on which a direct
12 final rule issued under subparagraph
13 (A)(ii)(I) is published in the Federal Reg14
ister, the Secretary shall withdraw the di15
rect final rule if—
16 ‘‘(I) the Secretary receives 1 or
17 more adverse public comments relat18
ing to the direct final rule under sub19
paragraph (B)or any alternative joint
20 recommendation; and
21 ‘‘(II) based on the rulemaking
22 record relating to the direct final rule,
23 the Secretary determines that such
24 adverse public comments or alter25
native joint recommendation may pro-
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1 vide a reasonable basis for with2
drawing the direct final rule under
3 paragraph (3) or any other applicable
4 law.
5 ‘‘(ii) ACTION ON WITHDRAWAL.—On
6 withdrawal of a direct final rule under
7 clause (i), the Secretary shall—
8 ‘‘(I) proceed with the notice of
9 proposed rulemaking published simul10
taneously with the direct final rule as
11 described in subparagraph (A)(ii)(I);
12 and
13 ‘‘(II) publish in the Federal Reg14
ister the reasons why the direct final
15 rule was withdrawn.
16 ‘‘(iii) TREATMENT OF WITHDRAWN DI17
RECT FINAL RULES.—A direct final rule
18 that is withdrawn under clause (i) shall
19 not be considered to be a final rule for
20 purposes of subsection (b).
21 ‘‘(D) EFFECT OF PARAGRAPH.—Nothing
22 in this paragraph authorizes the Secretary to
23 issue a direct final rule based solely on receipt
24 of more than 1 statement containing rec-
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1 ommended test procedures relating to the direct
2 final rule.’’.
3 (c) UPDATING TELEVISION TEST METHODS.—Sec4
tion 323(b) of the Energy Policy and Conservation Act
5 (42 U.S.C. 6293(b)), as amended by sections 211 and 212
6 of this Act, and subsection (b) of this section, is further
7 amended by adding at the end the following new para8
graph:
9 ‘‘(24) TELEVISIONS.—(A) On the date of enact10
ment of this paragraph, Appendix H to Subpart B
11 of Part 430 of the United States Code of Federal
12 Regulations, ‘Uniform Test Method for Measuring
13 the Energy Consumption of Television Sets’, is re14
pealed.
15 ‘‘(B) No later than 12 months after the date of
16 enactment of this paragraph the Secretary shall pub17
lish in the Federal Register a final rule prescribing
18 a new test method for televisions.’’.
19 (d) CRITERIA FOR PRESCRIBING NEW OR AMENDED
20 STANDARDS.—(1) Section 325(o)(2)(B)(i) of the Energy
21 Policy and Conservation Act (42 U.S.C. 6295(o)(2)(B)(i))
22 is amended as follows:
23 (A) By striking ‘‘and’’ at the end of subclause
24 (VI).
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H.L.C.
1 (B) By redesignating subclause (VII) as sub2
clause (XI).
3 (C) By inserting the following new subclauses
4 after subclause (VI):
5 ‘‘(VII) the estimated value of the carbon dioxide
6 and other emission reductions that will be achieved
7 by virtue of the higher energy efficiency of the cov8
ered products resulting from the imposition of the
9 standard;
10 ‘‘(VIII) the estimated impact of standards for a
11 particular product on average consumer energy
12 prices;
13 ‘‘(IX) the increased energy efficiency that may
14 be attributable to the installation of Smart Grid
15 technologies or capabilities in the covered products,
16 if applicable in the determination of the Secretary;
17 ‘‘(X) the availability in the United States or in
18 other nations of examples or prototypes of covered
19 products that achieve significantly higher efficiency
20 standards for energy or for water; and’’.
21 (2) Section 325(o)(2)(B)(iii) of such Act is amended
22 as follows:
23 (A) By striking ‘‘three’’ and inserting ‘‘5’’.
24 (B) By inserting after the first sentence the fol25
lowing ‘‘For products with an average expected use-
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1 ful life of less than 5 years, such rebuttable pre2
sumption shall be determined utilizing 75 percent of
3 the product’s average expected useful life as a multi4
plier instead of 5.’’.
5 (C) By striking the last sentence and inserting
6 the following: ‘‘Such a presumption may be rebutted
7 only if the Secretary finds, based on clear, con8
vincing, and reliable evidence, that—
9 ‘‘(I) such standard level would cause serious
10 and unavoidable hardship to the average consumer
11 of the product, or to manufacturers supplying a sig12
nificant portion of the market for the product, that
13 substantially outweighs the standard level’s benefits;
14 ‘‘(II) the standard and implementing regula15
tions cannot be designed to avoid or mitigate the
16 hardship identified under subclause (I), through the
17 adoption of regional standards consistent with para18
graph (6) of this subsection, or other reasonable
19 means consistent with this part;
20 ‘‘(III) the same or substantially similar hard21
ship would not occur under a standard adopted in
22 the absence of the presumption, but that otherwise
23 meets the requirements of this section; and
24 ‘‘(IV) the hardship cannot be avoided or miti25
gated pursuant the procedures specified in section
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1 504 of the Department of Energy Organization Act
2 (42 U.S.C. 7194).
3 A determination by the Secretary that the criteria trig4
gering such presumption are not met, or that the criterion
5 for rebutting the presumption are met shall not be taken
6 into consideration in the Secretary’s determination of
7 whether a standard is economically justified.’’.
8 (e) OBTAINING APPLIANCE INFORMATION FROM
9 MANUFACTURERS.—Section 326(d) of the Energy Policy
10 and Conservation Act (42 U.S.C. 6295(d)) is amended to
11 read as follows:
12 ‘‘(d) INFORMATION REQUIREMENTS.—(1) For pur13
poses of carrying out this part, the Secretary shall publish
14 proposed regulations not later than one year after the date
15 of enactment of the American Clean Energy and Security
16 Act of 2009, and after receiving public comment, final reg17
ulations not later than 18 months from such date of enact18
ment under this part or other provision of law adminis19
tered by the Secretary, which shall require each manufac20
turer of a covered product to submit information or re21
ports to the Secretary on an annual basis in a form adopt22
ed by the Secretary. Such reports shall include informa23
tion or data with respect to—
24 ‘‘(A) the manufacturers’ compliance with all re25
quirements applicable pursuant to this part;
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1 ‘‘(B) the economic impact of any proposed en2
ergy conservation standard;
3 ‘‘(C) the manufacturers’ annual shipments of
4 each class or category of covered products, orga5
nized, to the maximum extent practicable, by—
6 ‘‘(i) energy efficiency, energy use, and, if
7 applicable, water use;
8 ‘‘(ii) the presence or absence of such effi9
ciency related or energy consuming operational
10 characteristics or components as the Secretary
11 determines are relevant for the purposes of car12
rying out this part; and
13 ‘‘(iii) the State or regional location of sale,
14 for covered products for which the Secretary
15 may adopt regional standards; and
16 ‘‘(D) such other categories of information as
17 the Secretary deems relevant to carry out this part,
18 including such other information as may be nec19
essary to establish and revise test procedures, label20
ing rules, and energy conservation standards and to
21 insure compliance with the requirements of this
22 part.
23 ‘‘(2) In adopting regulations under this subsection,
24 the Secretary shall consider existing public sources of in-
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1 formation, including nationally recognized certification
2 programs of trade associations.
3 ‘‘(3) The Secretary shall exercise authority under this
4 section in a manner designed to minimize unnecessary
5 burdens on manufacturers of covered products.
6 ‘‘(4) To the extent that they do not conflict with the
7 duties of the Secretary in carrying out this part, the provi8
sions of section 11(d) of the Energy Supply and Environ9
mental Coordination Act of 1974 (15 U.S.C. 796(d)) shall
10 apply with respect to information obtained under this sub11
section to the same extent and in the same manner as
12 they apply with respect to other energy information ob13
tained under such section.’’.
14 (f) STATE WAIVER.—Section 327(c) of the Energy
15 Policy and Conservation Act (42 U.S.C. 6297(c)), as
16 amended by section 161(a)(19) of this Act, is further
17 amended by adding at the end the following:
18 ‘‘(12) is a regulation concerning standards for
19 hot food holding cabinets, drinking water dispensers
20 and portable electric spas adopted by the California
21 Energy Commission on or before January 1, 2013.’’.
22 (g) WAIVER OF FEDERAL PREEMPTION.—Paragraph
23 (1) of section 327(d) of the Energy Policy and Conserva24
tion Act (42 U.S.C. 6297(d)) is amended as follows:
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1 (1) In subparagraph (A) by striking ‘‘State reg2
ulation’’ each place it appears and inserting ‘‘State
3 statute or regulation’’.
4 (2) In subparagraph (B) by adding at the end
5 the following new sentence: ‘‘In making such a find6
ing, the Secretary may not reject a petition for fail7
ure of the petitioning State or river basin commis8
sion to produce confidential information maintained
9 by any manufacturer or distributor, or group or as10
sociation of manufacturers or distributors, and
11 which the petitioning party does not have the legal
12 right to obtain.’’.
13 (3) In clause (ii) of subparagraph (C) by strik14
ing ‘‘costs’’ each place it appears and inserting ‘‘es15
timated costs’’.
16 (4) In subparagraph (C) by striking ‘‘within the
17 context of the State’s energy plan and forecast,
18 and,’’.
19 (h) INCLUSION OF CARBON OUTPUT ON APPLIANCE
20 ‘‘ENERGYGUIDE’’ LABELS.—(1) Section 324(a)(2) of the
21 Energy Policy and Conservation Act (42 U.S.C.
22 6294(a)(2)) is amended by adding the following at the
23 end:
24 ‘‘(I)(i) Not later than 90 days after the date of enact25
ment of this subparagraph, the Commission shall initiate
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1 a rulemaking to implement the additional labeling require2
ments specified in subsection (c)(1)(C) of this section with
3 an effective date for the revised labeling requirement not
4 later than 12 months from issuance of the final rule.
5 ‘‘(ii) Not later than 24 months after the date of en6
actment of this subparagraph, the Commission shall com7
plete the rulemaking initiated under clause (i).
8 ‘‘(iii) Not later than 90 days after issuance of the
9 final rule as provided in this subparagraph, the Secretary
10 shall issue calculation methods required to effectuate the
11 labeling requirements specified in subsection (c)(1)(C) of
12 this section.’’.
13 (2) Section 324(c)(1) of the Energy Policy and Con14
servation Act (42 U.S.C. 6294(c)(1)) is amended—
15 (A) by striking ‘‘and’’ at the end of subpara16
graph (A);
17 (B) by striking the period at the end of sub18
paragraph (B) and inserting a semicolon; and
19 (C) by adding at the end the following new sub20
paragraphs:
21 ‘‘(C) for products or groups of products pro22
viding a comparable function (including the group of
23 products comprising the heating function of heat
24 pumps and furnaces) among covered products listed
25 in paragraphs (3), (4), (5), (8), (9), (10), and (11)
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1 of section 322(a) of this part, and others designated
2 by the Secretary, the estimated total annual atmos3
pheric carbon dioxide emissions (or their equivalent
4 in other greenhouse gases) associated with, or
5 caused by, the product, calculated utilizing—
6 ‘‘(i) national average energy use for the
7 product including energy consumed at the point
8 of end use based on test procedures developed
9 under section 323 of this part;
10 ‘‘(ii) national average energy consumed or
11 lost in the production, generation, transpor12
tation, storage, and distribution of energy to
13 the point of end use; and
14 ‘‘(iii) any direct emissions of greenhouse
15 gases from the product during normal use;
16 ‘‘(D) in determining the national average
17 energy consumption and total annual atmos18
pheric carbon dioxide emissions, the Secretary
19 shall utilize Federal Government sources, in20
cluding the Energy Information Administration
21 Annual Energy Review, the Environmental Pro22
tection Agency eGRID data base, Environ23
mental Protection Agency AP–42 Emission
24 Factors as amended, and other sources deter25
mined to be appropriate by the Secretary; and
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1 ‘‘(E) information presenting, for each
2 product (or group of products providing the
3 comparable function) identified in section
4 (c)(1)(C) of this section, the estimated annual
5 carbon dioxide emissions calculated within the
6 range of emissions calculated for all models of
7 the product or group according to its function,
8 including those models consuming fuels and
9 those models not consuming fuels.’’.
10 (i) PERMITTING STATES TO SEEK INJUNCTIVE EN11
FORCEMENT.—(1) Section 334 of the Energy Policy and
12 Conservation Act (42 U.S.C. 6304) is amended to read
13 as follows:
14 ‘‘SEC. 334. JURISDICTION AND VENUE.
15 ‘‘(a) JURISDICTION.—The United States district
16 courts shall have jurisdiction to restrain—
17 ‘‘(1) any violation of section 332; and
18 ‘‘(2) any person from distributing in commerce
19 any covered product which does not comply with an
20 applicable rule under section 324 or 325.
21 ‘‘(b) AUTHORITY.—Any action referred to in sub22
section (a) shall be brought by the Commission or by the
23 attorney general of a State in the name of the State, ex24
cept that—
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1 ‘‘(1) any such action to restrain any violation of
2 section 332(a)(3) which relates to requirements pre3
scribed by the Secretary or any violation of section
4 332(a)(4) which relates to request of the Secretary
5 under section 326(b)(2) shall be brought by the Sec6
retary; and
7 ‘‘(2) any violation of section 332(a)(5) or
8 332(a)(7) shall be brought by the Secretary or by
9 the attorney general of a State in the name of the
10 State.
11 ‘‘(c) VENUE AND SERVICE OF PROCESS.—Any such
12 action may be brought in the United States district court
13 for a district wherein any act, omission, or transaction
14 constituting the violation occurred, or in such court of the
15 district wherein the defendant is found or transacts busi16
ness. In any action under this section, process may be
17 served on a defendant in any other district in which the
18 defendant resides or may be found.’’.
19 (2) The item relating to section 334 in the table of
20 contents for such Act is amended to read as follows:
‘‘Sec. 334. Jurisdiction and venue.’’.
21 (j) TREATMENT OF APPLIANCES WITHIN BUILDING
22 CODES.—(1) Section 327(f)(3) of the Energy Policy and
23 Conservation Act (42 U.S.C. 6297(f)(3)) is amended by
24 striking subparagraphs (B) through (G) and inserting the
25 following:
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1 ‘‘(B) The code meets at least one of the fol2
lowing requirements:
3 ‘‘(i) The code does not require that the
4 covered product have an energy efficiency ex5
ceeding—
6 ‘‘(I) the applicable energy conserva7
tion standard established in or prescribed
8 under section 325;
9 ‘‘(II) the level required by a regula10
tion of that State for which the Secretary
11 has issued a rule granting a waiver under
12 subsection (d) of this section; or
13 ‘‘(III) the required level established in
14 the International Energy Conservation
15 Code or in a standard of the American So16
ciety of Heating, Refrigerating and Air-
17 Conditioning Engineers, or by the Sec18
retary pursuant to section 304 of the En19
ergy Conservation and Production Act.
20 ‘‘(ii) If the code uses one or more baseline
21 building designs against which all submitted
22 building designs are to be evaluated and such
23 baseline building designs contain a covered
24 product subject to an energy conservation
25 standard established in or prescribed under sec-
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1 tion 325, the baseline building designs are
2 based on an efficiency level for such covered
3 product which meets but does not exceed one of
4 the levels specified in clause (i).
5 ‘‘(iii) If the code sets forth one or more op6
tional combinations of items which meet the en7
ergy consumption or conservation objective, in
8 at least one combination that the State has
9 found to be reasonably achievable using com10
mercially available technologies the efficiency of
11 the covered product meets but does not exceed
12 one of the levels specified in clause (i).
13 ‘‘(C) The credit to the energy consumption or
14 conservation objective allowed by the code for install15
ing covered products having energy efficiencies ex16
ceeding one of the levels specified in subparagraph
17 (B)(i) is on a one-for-one equivalent energy use or
18 equivalent energy cost basis, taking into account the
19 typical lifetime of the product.
20 ‘‘(D) The energy consumption or conservation
21 objective is specified in terms of an estimated total
22 consumption of energy (which may be calculated
23 from energy loss- or gain-based codes) utilizing an
24 equivalent amount of energy (which may be specified
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H.L.C.
1 in units of energy or its equivalent cost) and equiva2
lent lifetimes.
3 ‘‘(E) The estimated energy use of any covered
4 product permitted or required in the code, or used
5 in calculating the objective, is determined using the
6 applicable test procedures prescribed under section
7 323, except that the State may permit the estimated
8 energy use calculation to be adjusted to reflect the
9 conditions of the areas where the code is being ap10
plied if such adjustment is based on the use of the
11 applicable test procedures prescribed under section
12 323 or other technically accurate documented proce13
dure.’’.
14 (2) Section 327(f)(4)(B) of the Energy Policy
15 and Conservation Act (42 U.S.C. 6297(f)(4)(B)) is
16 amended to read as follows:
17 ‘‘(B) If a building code requires the installation of
18 covered products with efficiencies exceeding the levels and
19 requirements specified in paragraph (3)(B), such require20
ment of the building code shall not be applicable unless
21 the Secretary has granted a waiver for such requirement
22 under subsection (d) of this section.’’.
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H.L.C.
1 SEC. 214. BEST-IN-CLASS APPLIANCES DEPLOYMENT PRO2
GRAM.
3 (a) IN GENERAL.—Not later than 1 year after the
4 date of enactment of this Act, the Secretary of Energy,
5 in consultation with the Administrator, shall establish a
6 program to be known as the ‘‘Best-in-Class Appliances
7 Deployment Program’’ to—
8 (1) provide bonus payments to retailers or dis9
tributors under subsection (c) for sales of best-in10
class high-efficiency household appliance models,
11 high-efficiency installed building equipment, and
12 high-efficiency consumer electronics, with the goal of
13 reducing life-cycle costs for consumers, encouraging
14 innovation, and maximizing energy savings and pub15
lic benefit;
16 (2) provide bounties under subsection (d) to re17
tailers and manufacturers for the replacement, re18
tirement, and recycling of old, inefficient, and envi19
ronmentally harmful products; and
20 (3) provide premium awards under subsection
21 (e) to manufacturers for developing and producing
22 new Superefficient Best-in-Class Products.
23 (b) DESIGNATION OF BEST-IN-CLASS PRODUCT
24 MODELS.—
25 (1) IN GENERAL.—The Secretary of Energy
26 shall designate product models of appliances, equip-
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1 ment, or electronics as Best-in-Class Product mod2
els. The Secretary shall publicly announce the Best3
in-Class Product models designated under this sub4
section. The Secretary shall define product classes
5 broadly and, except as provided in paragraph (2),
6 shall designate as Best-in-Class Product models no
7 more than the most efficient 10 percent of the com8
mercially available product models in a class that
9 demonstrate, as a group, a distinctly greater energy
10 efficiency than the average energy efficiency of that
11 class of appliances, equipment, or electronics. In des12
ignating models, the Secretary shall—
13 (A) identify commercially available models
14 in the relevant class of products;
15 (B) identify the subgroup of those models
16 that share the distinctly higher energy-effi17
ciency characteristics that warrant designation
18 as best-in-class; and
19 (C) add other models in that class to the
20 list of Best-in-Class Product models as they
21 demonstrate their ability to meet the higher-ef22
ficiency characteristics on which the designation
23 was made.
24 (2) PERCENTAGE EXCEPTION.—If there are
25 fewer than 10 product models in a class of products,
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H.L.C.
1 the Secretary may designate one or more of such
2 models as Best-in-Class Products.
3 (3) REVIEW OF BEST-IN-CLASS STANDARDS.—
4 The Secretary shall review annually the product-spe5
cific criteria for designating, and the product models
6 that qualify as, Best-in-Class Products and, after
7 notice and a 30-day comment period, make upwards
8 adjustments in the efficiency criteria as necessary to
9 maintain an appropriate ratio of such product mod10
els to the total number of product models in the
11 product class.
12 (4) SMART GRID ENERGY EFFICIENCY SAV13
INGS.—The Secretary shall include energy efficiency
14 savings achieved by a commercially available product
15 having smart grid capability in determining the effi16
ciency level of a product for purposes of a Best-In-
17 Class Product designation pursuant to this sub18
section. In measuring energy efficiency savings
19 achieved by smart grid capability, the Secretary
20 shall use a metric that—
21 (A) is based on the time-differentiated
22 value and amount of energy consumption;
23 (B) accounts for the capability of the prod24
uct to respond to a smart grid in which the
25 physical capability of the product to save or
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H.L.C.
1 delay energy because of a smart grid feature is
2 weighted by the likelihood that the feature will
3 be used;
4 (C) is based on the value of a unit of elec5
tric or gas consumption as a function of time
6 of day and season; and
7 (D) includes a test method by which the
8 manufacturer shall determine the energy effi9
ciency of smart grid capable products.
10 (c) BONUSES FOR SALES OF BEST-IN-CLASS PROD11
UCTS.—
12 (1) IN GENERAL.—The Secretary of Energy
13 shall make bonus payments to retailers or, as pro14
vided in paragraph (5)(B), distributors for the sale
15 of Best-in-Class Products.
16 (2) BONUS PROGRAM.—The Secretary shall—
17 (A) publicly announce the availability and
18 amount of the bonus to be paid for each sale
19 of a Best-in-Class Product of a model des20
ignated under subsection (b); and
21 (B) make bonus payments in at least that
22 amount for each Best-in-Class Product of that
23 model sold during the 3-year period beginning
24 on the date the model is designated under sub25
section (b).
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H.L.C.
1 (3) UPGRADE OF BEST-IN-CLASS PRODUCT ELI2
GIBILITY.—In conducting a review under subsection
3 (b)(3), the Secretary shall—
4 (A) consider designating as a Best-in-Class
5 Product model a Superefficient Best-in-Class
6 Product model that has been designated pursu7
ant to subsection (e);
8 (B) announce any change in the bonus
9 payment as necessary to increase the market
10 share of Best-in-Class Product models;
11 (C) list models that will be eligible for bo12
nuses in the new amount; and
13 (D) continue paying bonus payments at
14 the original level, for the sale of any models
15 that previously qualified as Best-in-Class Prod16
ucts but do not qualify at the new level, for the
17 remainder of the 3-year period announced with
18 the original designation.
19 (4) SIZE OF INDIVIDUAL BONUS PAYMENTS.—
20 (A) The size of each bonus payment under this sub21
section shall be the product of—
22 (i) an amount determined by the Sec23
retary; and
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H.L.C.
1 (ii) the difference in energy consumption
2 between the Best-in-Class Product and the av3
erage product in the product class.
4 (B) The Secretary shall determine the amount
5 under subparagraph (A)(i) for each product type, in
6 consultation with State and utility efficiency pro7
gram administrators as well as the Administrator,
8 based on estimates of the amount of bonus payment
9 that would provide significant incentive to increase
10 the market share of Best-in-Class Products.
11 (5) ELIGIBLE BONUS RECIPIENT.—(A) The
12 Secretary shall ensure that not more than 1 bonus
13 payment is provided under this subsection for each
14 Best-in-Class Product.
15 (B) The Secretary may make distributors eligi16
ble to receive bonus payments under this subsection
17 for sales that are not to the final end-user, to the
18 extent that the Secretary determines that for a par19
ticular product category distributors are well situ20
ated to increase sales of Best-in-Class Products.
21 (d) BOUNTIES FOR REPLACEMENT, RETIREMENT,
22 AND RECYCLING OF EXISTING LOW-EFFICIENCY PROD23
UCTS.—
24 (1) IN GENERAL.—The Secretary of Energy
25 shall make bounty payments to—
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H.L.C.
1 (A) retailers for the replacement, retire2
ment, and recycling of older operating low-effi3
ciency products that might otherwise continue
4 in operation; and
5 (B) manufacturers of Superefficient Best6
in-Class Products for the retirement and recy7
cling of older operating low-efficiency products
8 that perform the same function and which
9 might otherwise continue in operation.
10 (2) BOUNTIES.—Bounties shall be payable—
11 (A) to a retailer upon documentation that
12 the sale of a Best-in-Class Product was accom13
panied by the replacement, retirement, and re14
cycling of—
15 (i) an inefficient but still-functioning
16 product; or
17 (ii) a nonfunctioning product con18
taining a refrigerant, by the consumer to
19 whom the Best-in-Class Product was sold;
20 and
21 (B) to a manufacturer upon documentation
22 of the retirement and recycling of—
23 (i) an inefficient but still-functioning
24 product from a consumer to whom a
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H.L.C.
1 Superefficient Best-in-Class Product was
2 delivered; or
3 (ii) a nonfunctioning product con4
taining a refrigerant from a consumer to
5 whom a Superefficient Best-in-Class Prod6
uct was delivered.
7 (3) AMOUNT.—
8 (A) FUNCTIONING PRODUCTS.—The boun9
ty payment payable under this subsection for a
10 product described in paragraphs (2)(A)(i) and
11 (2)(B)(i) shall be based on the difference be12
tween the estimated energy use of the product
13 replaced and the energy use of an average new
14 product in the product class, over the estimated
15 remaining lifetime of the product that was re16
placed.
17 (B) NONFUNCTIONING PRODUCTS CON18
TAINING REFRIGERANTS.—The bounty payment
19 payable under this subsection for a product de20
scribed in paragraphs (2)(A)(ii) and (2)(B)(ii)
21 shall be in the amount that the Secretary of
22 Energy, in consultation with the Administrator,
23 determines is sufficient to promote the recycling
24 of such products, up to the amount of bounty
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H.L.C.
1 for a comparable product described in para2
graphs (2)(A) and (2)(B).
3 (4) RETIREMENT.—The Secretary shall ensure
4 that no product for which a bounty is paid under
5 this subsection is returned to active service, but that
6 it is instead destroyed, and recycled to the extent
7 feasible.
8 (5) RECYCLING APPLIANCES CONTAINING RE9
FRIGERANTS.—Exclusively for the purpose of imple10
menting the bounty payment program for products
11 containing a refrigerant under this section, the Ad12
ministrator shall establish standards for environ13
mentally responsible methods of recycling and dis14
posal of refrigerant-containing appliances that, at a
15 minimum, meet the requirements set by the Respon16
sible Appliance Disposal (RAD) Program for refrig17
erant disposal. The Secretary shall ensure that such
18 standards are met before a bounty payment is made
19 under this subsection for a product containing a re20
frigerant. Nothing in this section shall be interpreted
21 to alter the requirements of section 608 of the Clean
22 Air Act or to relieve any person from complying with
23 those requirements.
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1 (e) PREMIUM AWARDS FOR DEVELOPMENT AND
2 PRODUCTION OF SUPEREFFICIENT BEST-IN-CLASS PROD3
UCTS.—
4 (1) IN GENERAL.—(A) The Secretary of Energy
5 shall provide premium awards to manufacturers for
6 the development and production of Superefficient
7 Best-in-Class Products. The Secretary shall set and
8 periodically revise standards for eligibility of prod9
ucts for designation as a Superefficient Best-in-
10 Class Product.
11 (B) The Secretary may establish a standard for
12 a Superefficient Best-in-Class Product even if no
13 product meeting that standard exists, if the Sec14
retary has reasonable grounds to conclude that a
15 mass-producible product could be made to meet that
16 standard.
440533|3)
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
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  • Posts: 8,939
Re: TEXT of HR2454 Posted in Sections
« Reply #21 on: June 27, 2009, 03:24:55 pm »

===================================================
TITLE II - Energy Efficiency
===================================================
Subtitle B: Lighting and Appliance Energy Efficiency Programs (Part 3 of 3)
===================================================

17 (C) The Secretary may also establish a Super18
efficient Best-in-Class Product standard that is met
19 by one or more existing Best-in-Class Product mod20
els, if those product models have distinct energy effi21
ciency attributes and performance characteristics
22 that make them significantly better than other prod23
uct models qualifying as best-in-class. The Secretary
24 may not designate as Superefficient Best-in-Class
25 Products under this subparagraph models that rep-
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1 resent more than 10 percent of the currently quali2
fying Best-in-Class Product models. This subpara3
graph shall not apply to products designated pursu4
ant to paragraph (4)(A).
5 (D) In making its finding on the efficiency level
6 a product can achieve for purposes of a Supereffi7
cient Best-In-Class Product designation pursuant to
8 this paragraph, the Secretary shall include energy
9 efficiency savings that would be achieved by a prod10
uct as a result of smart grid capability when a prod11
uct having such capability can be produced and sold
12 commercially to mass market consumers. In meas13
uring energy efficiency savings achieved by smart
14 grid capability, the Secretary shall use a metric
15 that–
16 (i) is based on the time-differentiated value
17 and amount of energy consumption;
18 (ii) accounts for the capability of the prod19
uct to respond to a smart grid in which the
20 physical capability of the product to save or
21 delay energy because of a smart grid feature is
22 weighted by the likelihood that the feature will
23 be used;
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1 (iii) is based on the value of a unit of elec2
tric or gas consumption as a function of time
3 of day and season; and
4 (iv) includes a test method by which the
5 manufacturer shall determine the energy effi6
ciency of smart grid capable products.
7 (2) PREMIUM AWARDS.—(A) The premium
8 award payment provided to a manufacturer under
9 this subsection shall be in addition to any bonus
10 payments made under subsection (c).
11 (B) The amount of the premium award paid
12 per unit of Superefficient Best-in-Class Products
13 sold to retailers or distributors shall, except as pro14
vided by subparagraph (F), be the product of—
15 (i) an amount determined by the Sec16
retary; and
17 (ii) the difference in energy consumption
18 between the Superefficient Best-in-Class Prod19
uct and the average product in the product
20 class.
21 (C) The Secretary shall determine the amount
22 under subparagraph (B)(i) for each product type, in
23 consultation with State and utility efficiency pro24
gram administrators as well as the Administrator,
25 based on consideration of the present value to the
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1 Nation of the energy (and water or other resources
2 or inputs) saved over the useful life of the product.
3 The Secretary may also take into consideration the
4 methods used to increase sales of qualifying prod5
ucts in determining such amount.
6 (D) The Secretary may adjust the value de7
scribed in subparagraph (C) upward or downward as
8 appropriate, including based on the effect of the pre9
mium awards on the sales of products in different
10 classes that may be affected by the program under
11 this subsection.
12 (E) Premium award payments shall be applied
13 to sales of any Superefficient Best-in-Class Product
14 for the first 3 years after designation as a Supereffi15
cient Best-in-Class Product.
16 (F) For years 2011 through 2013, the Sec17
retary shall make bonus payments to manufacturers
18 of the products designated in paragraph (4)(A) for
19 each product produced in the following amounts:
20 (i) $75 for each dishwasher.
21 (ii) $250 for each clothes washer.
22 (iii) $200 for each refrigerator or refrig23
erator-freezer.
24 (iv) $250 for each clothes dryer.
25 (v) $200 for each cooking product.
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1 (vi) $300 for each water heater.
2 (3) COORDINATION OF INCENTIVES.—No prod3
uct for which Federal tax credit is received under
4 section 45M of the Internal Revenue Code of 1986
5 shall be eligible to receive premium award payments
6 pursuant to this subsection.
7 (4) DESIGNATIONS.—
8 (A) INITIAL DESIGNATIONS.—Notwith9
standing any other provisions of this section,
10 the products the Secretary shall designate as a
11 Superefficient Best-In-Class Product include,
12 but are not limited to, the following products
13 manufactured in 2011 through 2013:
14 (i) A dishwasher, clothes washer, re15
frigerator, or refrigerator-freezer that
16 meets the highest efficiency performance
17 standards in its product category as pro18
vided in Section 305(b) of the Emergency
19 Economic Stabilization Act of 2008 and
20 has the smart grid capability specified in
21 paragraph (5).
22 (ii) A water heater that meets an effi23
ciency standard that is the same or equiva24
lent to the standard provided in Section
25 1333 of the Energy Policy Act of 2005
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1 and has the smart grid capability specified
2 in paragraph (5).
3 (iii) A clothes dryer or cooking prod4
uct that the Secretary determines meets
5 the standards specified in subsection (j)(3),
6 which the Secretary shall promulgate no
7 later than one year after the date of enact8
ment, and has the smart grid capability
9 specified in paragraph (5).
10 (B) EXTENSION OF INITIAL DESIGNA11
TIONS.—
12 (i) GENERAL.—The Secretary shall in
13 2013 extend the Superefficient Best-In-
14 Class Product designation of each product
15 specified in subparagraph (A)(i) through
16 (iii) through 2017, provided that for each
17 product designation extended—
18 (I) the extension will result in
19 significant energy efficiency savings;
20 (II) the product meets the Super21
efficient Best-In-Class Product cri22
teria specified in paragraph (1);
23 (III) the eligibility standards of
24 the product include the smart grid ca-
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1 pability specified in paragraph (5);
2 and
3 (IV) the Secretary makes appro4
priate revisions to the eligibility stand5
ards of the product as provided by
6 paragraph (1).
7 (ii) AWARDS.—If a Superefficient
8 Best-In-Class Product designation for a
9 product is extended pursuant to this sub10
paragraph, the premium award for the
11 product shall be determined in accordance
12 with paragraph (2).
13 (5) SMART GRID CAPABILITY.—
14 (A) Until the Secretary promulgates cri15
teria under subparagraph (B), the term ‘‘smart
16 grid capability’’ means capability of receiving
17 and interpreting time-of-use pricing and peak18
load-shed signals from a utility and—
19 (i) in the case of a cooking product,
20 reducing a minimum of 20 percent during
21 peak demand as measured by the tested
22 average wattage over the course of a typ23
ical operating cycle of the product; or
24 (ii) in the case of a clothes washer, a
25 refrigerator, a dishwasher, a dryer and a
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1 water heater, reducing a minimum of 50
2 percent during peak demand as measured
3 by the tested average wattage over the
4 course of a typical operating cycle of the
5 product, provided that the typical oper6
ating cycle of a refrigerator and a water
7 heater shall be a 24-hour period.
8 (B) After completion of the analysis re9
quired under section 142(b) of this Act, the
10 Secretary shall expeditiously promulgate, after
11 notice and a 30-day public comment period, cri12
teria for what constitutes ‘‘smart grid capa13
bility.’’
14 (f) REPORTING.—The Secretary of Energy shall re15
quire, as a condition of receiving a bonus, bounty, or pre16
mium award under this section, that a report containing
17 the following documentation be provided:
18 (1) For retailers and distributors, the number
19 of units sold within each product type, and model20
specific wholesale purchase prices and retail sale
21 prices, on a monthly basis.
22 (2) For manufacturers, model-specific energy
23 efficiency and consumption data.
24 (3) For manufacturers, on an immediate basis,
25 information concerning any product design or func-
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1 tion changes that affect the energy consumption of
2 the unit.
3 (4) The methods used to increase the sales of
4 qualifying products.
5 (g) MONITORING AND VERIFICATION PROTOCOLS.—
6 The Secretary of Energy shall establish monitoring and
7 verification protocols for energy consumption tests for
8 each product model and for sales of energy-efficient mod9
els. The Secretary shall estimate actual savings of energy
10 from the use of Smart Grid capability in appliances for
11 which premium award payments are made pursuant to
12 subsection (e) as a function of utility and consumer readi13
ness to utilize such capability.
14 (h) DISCLOSURE.—The Secretary of Energy may re15
quire that manufacturers, retailers and distributors dis16
close publicly and to consumers their participation in the
17 program under this section.
18 (i) COST-EFFECTIVENESS REQUIREMENT.—
19 (1) REQUIREMENT.—The Secretary of Energy
20 shall make cost-effectiveness a top priority in design21
ing the program under, and administering, this sec22
tion, except that the cost-effectiveness of providing
23 premium awards to manufacturers under subsection
24 (e), in aggregate, may be lower by this measure than
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1 that of the bonuses and bounties to retailers and
2 distributors under subsections (c) and (d).
3 (2) DEFINITIONS.—In this subsection:
4 (A) COST-EFFECTIVENESS.—The term
5 ‘‘cost-effectiveness’’ means a measure of aggre6
gate savings in the cost of energy over the life7
time of a product in relation to the cost to the
8 Secretary of the bonuses, bounties, and pre9
mium awards provided under this section for a
10 product.
11 (B) SAVINGS.—The term ‘‘savings’’ means
12 the cumulative megawatt-hours of electricity or
13 million British thermal units of other fuels
14 saved by a product during the projected useful
15 life of the product, in comparison to projected
16 energy consumption of the average product in
17 the same class, taking into consideration the
18 impact of any documented measures to replace,
19 retire, and recycle low-efficiency products at the
20 time of purchase of highly-efficient substitutes.
21 (j) DEFINITIONS.—In this section—
22 (1) the term ‘‘distributor’’ mean an individual,
23 organization, or company that sells products in mul24
tiple lots and not directly to end-users;
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1 (2) the term ‘‘retailer’’ means an individual, or2
ganization, or company that sells products directly
3 to end-users;
4 (3) the term ‘‘manufacturer’’ means an indi5
vidual, organization, or company that transforms
6 raw materials into mass-producible finished goods;
7 and
8 (4) the term ‘‘Superefficient Best-in-Class
9 Product’’ means a product that—
10 (A) can be mass produced; and
11 (B) achieves the highest level of efficiency
12 that the Secretary of Energy finds can, given
13 the current state of technology, be produced
14 and sold commercially to mass-market con15
sumers.
16 (k) AUTHORIZATION OF APPROPRIATIONS.—There
17 are authorized to be appropriated $600,000,000 for each
18 of the fiscal years 2011 through 2013 to the Secretary
19 of Energy for purposes of this section, and such sums as
20 may be necessary for subsequent fiscal years. Of funds
21 appropriated, not more than 10 percent for any fiscal year
22 may be expended on program administration, and not less
23 than 40 percent of any funds appropriated during fiscal
24 years 2011 through 2013 shall be for purposes of sub25
section (e).
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1 SEC. 215. WATERSENSE.
2 (a) IN GENERAL.—There is established within the
3 Environmental Protection Agency a WaterSense program
4 to identify and promote water efficient products, buildings
5 and landscapes, and services in order—
6 (1) to reduce water use;
7 (2) to reduce the strain on water, wastewater,
8 and stormwater infrastructure;
9 (3) to conserve energy used to pump, heat,
10 transport, and treat water; and
11 (4) to preserve water resources for future gen12
erations,
13 through voluntary labeling of, or other forms of commu14
nications about, products, buildings and landscapes, and
15 services that meet the highest water efficiency and per16
formance standards.
17 (b) DUTIES.—The Administrator shall—
18 (1) promote WaterSense labeled products,
19 buildings and landscapes, and services in the market
20 place as the preferred technologies and services
21 for—
22 (A) reducing water use; and
23 (B) ensuring product and service perform24
ance;
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1 (2) work to enhance public awareness of the
2 WaterSense label through public outreach, edu3
cation, and other means;
4 (3) establish and maintain performance stand5
ards so that products, buildings and landscapes, and
6 services labeled with the WaterSense label perform
7 as well or better than their less efficient counter8
parts;
9 (4) publicize the need for proper installation
10 and maintenance of WaterSense products by a li11
censed, and where certification guidelines exist,
12 WaterSense-certified professional to ensure optimal
13 performance;
14 (5) preserve the integrity of the WaterSense
15 label;
16 (6) regularly review and, when appropriate, up17
date WaterSense criteria for categories of products,
18 buildings and landscapes, and services, at least once
19 every four years;
20 (7) to the extent practical, regularly estimate
21 and make available to the public the production and
22 relative market shares of WaterSense labeled prod23
ucts, buildings and landscapes, and services, at least
24 annually;
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1 (8) to the extent practical, regularly estimate
2 and make available to the public the water and en3
ergy savings attributable to the use of WaterSense
4 labeled products, buildings and landscapes, and serv5
ices, at least annually;
6 (9) solicit comments from interested parties and
7 the public prior to establishing or revising a
8 WaterSense category, specification, installation cri9
terion, or other criterion (or prior to effective dates
10 for any such category, specification, installation cri11
terion, or other criterion);
12 (10) provide reasonable notice to interested par13
ties and the public of any changes (including effec14
tive dates), on the adoption of a new or revised cat15
egory, specification, installation criterion, or other
16 criterion, along with—
17 (A) an explanation of changes; and
18 (B) as appropriate, responses to comments
19 submitted by interested parties;
20 (11) provide appropriate lead time (as deter21
mined by the Administrator) prior to the applicable
22 effective date for a new or significant revision to a
23 category, specification, installation criterion, or other
24 criterion, taking into account the timing require25
ments of the manufacturing, marketing, training,
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1 and distribution process for the specific product,
2 building and landscape, or service category ad3
dressed; and
4 (12) identify and, where appropriate, implement
5 other voluntary approaches in commercial, institu6
tional, residential, municipal, and industrial sectors
7 to encourage reuse and recycling technologies, im8
prove water efficiency, or lower water use while
9 meeting, where applicable, the performance stand10
ards established under paragraph (3).
11 (c) AUTHORIZATION OF APPROPRIATIONS.—There
12 are authorized to be appropriated $7,500,000 for fiscal
13 year 2010, $10,000,000 for fiscal year 2011, $20,000,000
14 for fiscal year 2012, and $50,000,000 for fiscal year 2013
15 and each year thereafter, adjusted for inflation, to carry
16 out this section.
17 SEC. 216. FEDERAL PROCUREMENT OF WATER EFFICIENT
18 PRODUCTS.
19 (a) DEFINITIONS.—In this section:
20 (1) AGENCY.—The term ‘‘agency’’ has the
21 meaning given that term in section 7902(a) of title
22 5, United States Code.
23 (2) WATERSENSE PRODUCT OR SERVICE.—The
24 term ‘‘WaterSense product or service’’ means a
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1 product or service that is rated for water efficiency
2 under the WaterSense program.
3 (3) WATERSENSE PROGRAM.—The term
4 ‘‘WaterSense program’’ means the program estab5
lished by section 215 of this Act.
6 (4) FEMP DESIGNATED PRODUCT.—The term
7 ‘‘FEMP designated product’’ means a product that
8 is designated under the Federal Energy Manage9
ment Program of the Department of Energy as
10 being among the highest 25 percent of equivalent
11 products for efficiency.
12 (5) PRODUCT AND SERVICE.—The terms ‘‘prod13
uct’’ and ‘‘service’’ do not include any water con14
suming product or service designed or procured for
15 combat or combat-related missions. The terms also
16 exclude products or services already covered by the
17 Federal procurement regulations established under
18 section 553 of the National Energy Conservation
19 Policy Act (42 U.S.C. 8259b).
20 (b) PROCUREMENT OF WATER EFFICIENT PROD21
UCTS.—
22 (1) REQUIREMENT.—To meet the requirements
23 of an agency for a water consuming product or serv24
ice, the head of the agency shall, except as provided
25 in paragraph (2), procure—
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1 (A) a WaterSense product or service; or
2 (B) a FEMP designated product.
3 A WaterSense plumbing product should preferably,
4 when possible, be installed by a licensed and, when
5 WaterSense certification guidelines exist,
6 WaterSense-certified plumber or mechanical con7
tractor, and a WaterSense irrigation system should
8 preferably, when possible, be installed, maintained,
9 and audited by a WaterSense-certified irrigation
10 professional to ensure optimal performance.
11 (2) EXCEPTIONS.—The head of an agency is
12 not required to procure a WaterSense product or
13 service or FEMP designated product under para14
graph (1) if the head of the agency finds in writing
15 that—
16 (A) a WaterSense product or service or
17 FEMP designated product is not cost-effective
18 over the life of the product, taking energy and
19 water cost savings into account; or
20 (B) no WaterSense product or service or
21 FEMP designated product is reasonably avail22
able that meets the functional requirements of
23 the agency.
24 (3) PROCUREMENT PLANNING.—The head of an
25 agency shall incorporate into the specifications for
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1 all procurements involving water consuming products
2 and systems, including guide specifications, project
3 specifications, and construction, renovation, and
4 services contracts that include provision of water
5 consuming products and systems, and into the fac6
tors for the evaluation of offers received for the pro7
curement, criteria used for rating WaterSense prod8
ucts and services and FEMP designated products.
9 The head of an agency shall consider, to the max10
imum extent practicable, additional measures for re11
ducing agency water consumption, including water
12 reuse technologies, leak detection and repair, and
13 use of waterless products that perform similar func14
tions to existing water-consuming products.
15 (c) REGULATIONS.—Not later than 180 days after
16 the date of enactment of this Act, the Secretary of Energy,
17 working in coordination with the Administrator, shall
18 issue guidelines to carry out this section.
19 SEC. 217. WATER EFFICIENT PRODUCT REBATE PROGRAMS.
20 (a) DEFINITIONS.—In this section:
21 (1) ELIGIBLE STATE.—The term ‘‘eligible
22 State’’ means a State that meets the requirements
23 of subsection (b).
24 (2) RESIDENTIAL WATER EFFICIENT PRODUCT
25 OR SERVICE.—The term ‘‘residential water efficient
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1 product or service’’ means a product or service for
2 a residence or its landscape that is rated for water
3 efficiency and performance—
4 (A) by the WaterSense program, where a
5 WaterSense specification does not exist; or
6 (B) by a State program and approved by
7 the Administrator.
8 Categories of water efficient products and services
9 may include faucets, irrigation technologies and
10 services, point-of-use water treatment devices, reuse
11 and recycling technologies, toilets, and showerheads.
12 (3) STATE PROGRAM.—The term ‘‘State pro13
gram’’ means a State program for administering re14
bates or vouchers for consumer purchase of water ef15
ficient products and services as described in sub16
section (b)(1).
17 (4) WATERSENSE PROGRAM.—The term
18 ‘‘WaterSense program’’ means the program estab19
lished by section 215 of this Act.
20 (b) ELIGIBLE STATES.—A State shall be eligible to
21 receive an allocation under subsection (c) if the State—
22 (1) establishes (or has established) a State pro23
gram to provide rebates or vouchers to residential
24 consumers for the purchase of residential water effi-
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1 cient products or services to replace used products
2 of the same type;
3 (2) submits an application for the allocation at
4 such time, in such form, and containing such infor5
mation as the Administrator may require; and
6 (3) provides assurances satisfactory to the Ad7
ministrator that the State will use the allocation to
8 supplement, but not supplant, funds made available
9 to carry out the State program.
10 (c) AMOUNT OF ALLOCATIONS.—
11 (1) IN GENERAL.—Subject to paragraph (2),
12 for each fiscal year, the Administrator shall allocate
13 to each eligible State to carry out subsection (d) an
14 amount equal to the product obtained by multiplying
15 the amount made available under subsection (g) for
16 the fiscal year by the ratio that the population of the
17 State in the most recent calendar year for which
18 data are available bears to the total population of all
19 eligible States in that calendar year.
20 (2) MINIMUM ALLOCATIONS.—For each fiscal
21 year, the amounts allocated under this subsection
22 shall be adjusted proportionately so that no eligible
23 State is allocated a sum that is less than an amount
24 determined by the Administrator.
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1 (d) USE OF ALLOCATED FUNDS.—Funds allocated to
2 a State under subsection (c) may be used to pay up to
3 50 percent of the cost of establishing and carrying out
4 a State program.
5 (e) FIXTURE RECYCLING.—States are encouraged to
6 promote or implement fixture recycling programs to man7
age the disposal of older fixtures replaced due to the re8
bate program under this section.
9 (f) ISSUANCE OF REBATES.—Rebates or vouchers
10 may be provided to residential consumers that meet the
11 requirements of the State program. The State may issue
12 all rebates or vouchers directly to residential consumers
13 or, with approval of the Administrator, delegate some or
14 all rebate and voucher administration to other organiza15
tions including, but not limited to, local governments, mu16
nicipal water authorities, and water utilities. The amount
17 of a rebate or voucher shall be determined by the State,
18 taking into consideration—
19 (1) the amount of the allocation to the State
20 under subsection (c);
21 (2) the amount of any Federal or State tax in22
centive available for the purchase of the residential
23 water efficient product or service;
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1 (3) the amount necessary to change consumer
2 behavior to purchase water efficient products and
3 services; and
4 (4) the consumer expenditures for onsite prepa5
ration, assembly, and original installation of the
6 product.
7 (g) AUTHORIZATION OF APPROPRIATIONS.—There
8 are authorized to be appropriated to the Administrator to
9 carry out this section $50,000,000 for each of the fiscal
10 years 2010 and 2011, $75,000,000 for fiscal year 2012,
11 $100,000,000 for fiscal year 2013, and $150,000,000 for
12 fiscal year 2014 and each year thereafter, adjusted for in13
flation.
14 SEC. 218. CERTIFIED STOVES PROGRAM.
15 (a) DEFINITIONS.—In this section:
16 (1) AGENCY.—The term ‘‘Agency’’ means the
17 Environmental Protection Agency.
18 (2) WOOD STOVE OR PELLET STOVE.—The
19 term ‘‘wood stove or pellet stove’’ means a wood
20 stove, pellet stove, or fireplace insert that uses wood
21 or pellets for fuel.
22 (3) CERTIFIED STOVE.—The term ‘‘certified
23 stove’’ means a wood stove or pellet stove that meets
24 the standards of performance for new residential
25 wood heaters under subpart AAA of part 60 of sub-
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1 chapter C of chapter I of title 40, Code of Federal
2 Regulations (or successor regulations), as certified
3 by the Administrator. Pellet stoves and fireplace in4
serts using pellets for fuel that are exempt from
5 testing by the Administrator but meet the same
6 standards of performance as wood stoves are consid7
ered certified for the purposes of this section.
8 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti9
ty’’ means—
10 (A) a State, a local government, or a feder11
ally recognized Indian tribe;
12 (B) Alaskan Native villages or regional or
13 village corporations (as defined in, or estab14
lished under, the Alaskan Native Claims Settle15
ment Act (43 U.S.C. 1601 et seq.)); and
16 (C) a nonprofit organization or institution
17 that—
18 (i) represents or provides pollution re19
duction or educational services relating to
20 wood smoke minimization to persons, orga21
nizations, or communities; or
22 (ii) has, as its principal purpose, the
23 promotion of air quality or energy effi24
ciency.
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1 (b) ESTABLISHMENT.—The Administrator shall es2
tablish and carry out a program to assist in the replace3
ment of wood stoves or pellet stoves that do not meet the
4 standards of performance referred to in subsection (a)(4)
5 by—
6 (1) requiring that each wood stove or pellet
7 stove sold in the United States on and after the date
8 of enactment of this Act meet the standards of per9
formance referred to in subsection (a)(4);
10 (2) requiring that no wood stove or pellet stove
11 replaced under this program is sold or returned to
12 active service, but that it is instead destroyed and
13 recycled to the maximum extent feasible;
14 (3) providing funds to an eligible entity to re15
place a wood stove or pellet stove that does not meet
16 the standards of performance in subsection (a)(4)
17 with a certified stove, including funds to pay for—
18 (A) installation of a replacement certified
19 stove; and
20 (B) necessary replacement of or repairs to
21 ventilation, flues, chimneys, or other relevant
22 items necessary for safe installation of a re23
placement certified stove;
24 (4) in addition to any funds that may be appro25
priated for the program under this subsection, using
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1 existing Federal, State, and local programs and in2
centives, to the greatest extent practicable;
3 (5) prioritizing the replacement of wood stoves
4 or pellet stoves manufactured before July 1, 1990;
5 and
6 (6) carrying out such other activities as the Ad7
ministrator determines appropriate to facilitate the
8 replacement of wood stoves or pellet stoves that do
9 not meet the standards of performance referred to in
10 subsection (a)(3).
11 (c) REGULATIONS.—The Administrator may promul12
gate such regulations as are necessary to carry out the
13 program established under subsection (b).
14 (d) FUNDING.—
15 (1) AUTHORIZATION OF APPROPRIATIONS.—
16 There are authorized to be appropriated to carry out
17 the program under this section $20,000,000 for the
18 period of fiscal years 2010 through 2014.
19 (2) DESIGNATED USE.—Of amounts appro20
priated pursuant to this subsection—
21 (A) 25 percent shall be designated for use
22 to carry out the program under this section on
23 lands held in trust for the benefit of a federally
24 recognized Indian tribe;
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1 (B) 3 percent shall be designated for use
2 to carry out the program under this section in
3 Alaskan Native villages or regional or village
4 corporations (as defined in, or established
5 under, the Alaskan Native Claims Settlement
6 Act (43 U.S.C. 1601 et seq.)); and
7 (C) 72 percent shall be designated for use
8 to carry out the program under this section na9
tionwide.
10 (3) REGULATORY PROGRAMS.—
11 (A) IN GENERAL.—No grant or loan pro12
vided under this section shall be used to fund
13 the costs of emissions reductions that are man14
dated under Federal, State, or local law.
15 (B) MANDATED.—For purposes of sub16
paragraph (A), voluntary or elective emission
17 reduction measures shall not be considered
18 ‘‘mandated’’, regardless of whether the reduc19
tions are included in the implementation plan of
20 a State.
21 (e) EPA AUTHORITY TO ACCEPT WOOD STOVE OR
22 PELLET STOVE REPLACEMENT SUPPLEMENTAL ENVI23
RONMENTAL PROJECTS.—
24 (1) IN GENERAL.—The Administrator may ac25
cept (notwithstanding sections 3302 and 1301 of
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1 title 31, United States Code) wood stove or pellet
2 stove replacement Supplemental Environmental
3 Projects if such projects, as part of a settlement of
4 any alleged violation of environmental law—
5 (A) protect human health or the environ6
ment;
7 (B) are related to the underlying alleged
8 violation;
9 (C) do not constitute activities that the de10
fendant would otherwise be legally required to
11 perform; and
12 (D) do not provide funds for the staff of
13 the Agency or for contractors to carry out the
14 Agency’s internal operations.
15 (2) CERTIFICATION.—In any settlement agree16
ment regarding an alleged violation of environmental
17 law in which a defendant agrees to perform a wood
18 stove or pellet stove replacement Supplemental Envi19
ronmental Project, the Administrator shall require
20 the defendant to include in the settlement docu21
ments a certification under penalty of law that the
22 defendant would have agreed to perform a com23
parably valued, alternative project other than a wood
24 stove or pellet stove replacement Supplemental Envi25
ronmental Project if the Administrator were pre-
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1 cluded by law from accepting a wood stove or pellet
2 stove replacement Supplemental Environmental
3 Project. A failure by the Administrator to include
4 this language in such a settlement agreement shall
5 not create a cause of action against the United
6 States under the Clean Air Act or any other law or
7 create a basis for overturning a settlement agree8
ment entered into by the United States.
9 SEC. 219. ENERGY STAR STANDARDS.
10 (a) ENERGY STAR.—Section 324A(c) of the Energy
11 Policy and Conservation Act is amended—
12 (1) in paragraph (6)(B), by striking ‘‘and’’
13 after the semicolon at the end;
14 (2) in paragraph (7), by striking the period at
15 the end and inserting a semicolon; and
16 (3) by adding at the end the following:
17 ‘‘(8) not later than 18 months after the date of
18 enactment of this paragraph, establish and imple19
ment a rating system for products identified as En20
ergy Star products pursuant to this section to pro21
vide consumers with the most helpful information on
22 the relative energy efficiency of those products, un23
less the Administrator and the Secretary commu24
nicate to Congress that establishing such a system
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1 would diminish the value of the Energy Star brand
2 to consumers;
3 ‘‘(9)(A) review the Energy Star product criteria
4 for the 10 product models in each product category
5 with the greatest energy consumption at least once
6 every 3 years; and
7 ‘‘(B) based on the review, update and publish
8 the Energy Star product criteria for each such cat9
egory, as necessary; and
10 ‘‘(10) require periodic verification of compliance
11 with the Energy Star product criteria by products
12 identified as Energy Star products pursuant to this
13 section, including—
14 ‘‘(A) purchase and testing of products
15 from the market; or
16 ‘‘(B) other appropriate testing and compli17
ance approaches.’’.
18 (b) AUTHORIZATION OF APPROPRIATIONS.—There
19 are authorized to be appropriated to carry out the amend20
ments made by this section $5,000,000 for fiscal year
21 2010 and for each fiscal year thereafter.
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And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
Re: TEXT of HR2454 Posted in Sections
« Reply #22 on: June 27, 2009, 03:26:35 pm »
===================================================
TITLE II - Energy Efficiency
===================================================
Subtitle C: Transportation Efficiency
===================================================
467
H.L.C.
1 Subtitle C—Transportation
2 Efficiency
3 SEC. 221. EMISSIONS STANDARDS.
4 Title VIII of the Clean Air Act, as added by section
5 331 of this Act, is amended by inserting after part A the
6 following new part:
7 ‘‘PART B—MOBILE SOURCES
8 ‘‘SEC. 821. GREENHOUSE GAS EMISSION STANDARDS FOR
9 MOBILE SOURCES.
10 ‘‘(a) NEW MOTOR VEHICLES AND NEW MOTOR VE11
HICLE ENGINES.—(1) Pursuant to section 202(a)(1), by
12 December 31, 2010, the Administrator shall promulgate
13 standards applicable to emissions of greenhouse gases
14 from new heavy-duty motor vehicles or new heavy-duty
15 motor vehicle engines, excluding such motor vehicles cov16
ered by the Tier II standards (as established by the Ad17
ministrator as of the date of the enactment of this sec18
tion). The Administrator may revise these standards from
19 time to time.
20 ‘‘(2) Regulations issued under section 202(a)(1) ap21
plicable to emissions of greenhouse gases from new heavy22
duty motor vehicles or new heavy-duty motor vehicle en23
gines, excluding such motor vehicles covered by the Tier
24 II standards (as established by the Administrator as of
25 the date of the enactment of this section), shall contain
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1 standards that reflect the greatest degree of emissions re2
duction achievable through the application of technology
3 which the Administrator determines will be available for
4 the model year to which such standards apply, giving ap5
propriate consideration to cost, energy, and safety factors
6 associated with the application of such technology. Any
7 such regulations shall take effect after such period as the
8 Administrator finds necessary to permit the development
9 and application of the requisite technology, and, at a min10
imum, shall apply for a period no less than 3 model years
11 beginning no earlier than the model year commencing 4
12 years after such regulations are promulgated.
13 ‘‘(3) Regulations issued under section 202(a)(1) ap14
plicable to emissions of greenhouse gases from new heavy15
duty motor vehicles or new heavy-duty motor vehicle en16
gines, excluding such motor vehicles covered by the Tier
17 II standards (as established by the Administrator as of
18 the date of the enactment of this section), shall supersede
19 and satisfy any and all of the rulemaking and compliance
20 requirements of section 32902(k) of title 49, United
21 States Code.
22 ‘‘(4) Other than as specifically set forth in paragraph
23 (3) of this subsection, nothing in this section shall affect
24 or otherwise increase or diminish the authority of the Sec25
retary of Transportation to adopt regulations to improve
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H.L.C.
1 the overall fuel efficiency of the commercial goods move2
ment system.
3 ‘‘(b) NONROAD VEHICLES AND ENGINES.—(1) Pur4
suant to section 213(a)(4) and (5), the Administrator
5 shall identify those classes or categories of new nonroad
6 vehicles or engines, or combinations of such classes or cat7
egories, that, in the judgment of the Administrator, both
8 contribute significantly to the total emissions of green9
house gases from nonroad engines and vehicles, and pro10
vide the greatest potential for significant and cost-effective
11 reductions in emissions of greenhouse gases. The Adminis12
trator shall promulgate standards applicable to emissions
13 of greenhouse gases from these new nonroad engines or
14 vehicles by December 31, 2012. The Administrator shall
15 also promulgate standards applicable to emissions of
16 greenhouse gases for such other classes and categories of
17 new nonroad vehicles and engines as the Administrator de18
termines appropriate and in the timeframe the Adminis19
trator determines appropriate. The Administrator shall
20 base such determination, among other factors, on the rel21
ative contribution of greenhouse gas emissions, and the
22 costs for achieving reductions, from such classes or cat23
egories of new nonroad engines and vehicles. The Adminis24
trator may revise these standards from time to time.
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1 ‘‘(2) Standards under section 213(a)(4) and (5) ap2
plicable to emissions of greenhouse gases from those class3
es or categories of new nonroad engines or vehicles identi4
fied in the first sentence of paragraph (1) of this sub5
section, shall achieve the greatest degree of emissions re6
duction achievable based on the application of technology
7 which the Administrator determines will be available at
8 the time such standards take effect, taking into consider9
ation cost, energy, and safety factors associated with the
10 application of such technology. Any such regulations shall
11 take effect at the earliest possible date after such period
12 as the Administrator finds necessary to permit the devel13
opment and application of the requisite technology, giving
14 appropriate consideration to the cost of compliance within
15 such period, the applicable compliance dates for other
16 standards, and other appropriate factors, including the pe17
riod of time appropriate for the transfer of applicable tech18
nology from other applications, including motor vehicles,
19 and the period of time in which previously promulgated
20 regulations have been in effect.
21 ‘‘(3) For purposes of this section and standards
22 under section 213(a)(4) or (5) applicable to emissions of
23 greenhouse gases, the term ‘nonroad engines and vehicles’
24 shall include non-internal combustion engines and the ve25
hicles these engines power (such as electric engines and
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1 electric vehicles), for those non-internal combustion en2
gines and vehicles which would be in the same category
3 and have the same uses as nonroad engines and vehicles
4 that are powered by internal combustion engines.
5 ‘‘(c) AVERAGING, BANKING, AND TRADING OF EMIS6
SIONS CREDITS.—In establishing standards applicable to
7 emissions of greenhouse gases pursuant to this section and
8 sections 202(a), 213(a)(4) and (5), and 231(a), the Ad9
ministrator may establish provisions for averaging, bank10
ing, and trading of greenhouse gas emissions credits with11
in or across classes or categories of motor vehicles and
12 motor vehicle engines, nonroad vehicles and engines (in13
cluding marine vessels), and aircraft and aircraft engines,
14 to the extent the Administrator determines appropriate
15 and considering the factors appropriate in setting stand16
ards under those sections. Such provisions may include
17 reasonable and appropriate provisions concerning genera18
tion, banking, trading, duration, and use of credits.
19 ‘‘(d) REPORTS.—The Administrator shall, from time
20 to time, submit a report to Congress that projects the
21 amount of greenhouse gas emissions from the transpor22
tation sector, including transportation fuels, for the years
23 2030 and 2050, based on the standards adopted under
24 this section.
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1 ‘‘(e) GREENHOUSE GASES.—Notwithstanding the
2 provisions of section 711, hydrofluorocarbons shall be con3
sidered a greenhouse gas for purposes of this section.’’.
4 SEC. 222. GREENHOUSE GAS EMISSIONS REDUCTIONS
5 THROUGH TRANSPORTATION EFFICIENCY.
6 (a) ENVIRONMENTAL PROTECTION AGENCY.—Title
7 VIII of the Clean Air Act, as added by section 331 of this
8 Act, is further amended by inserting after part C the fol9
lowing new part:
10 ‘‘PART D—TRANSPORTATION EMISSIONS
11 ‘‘SEC. 841. GREENHOUSE GAS EMISSIONS REDUCTIONS
12 THROUGH TRANSPORTATION EFFICIENCY.
13 ‘‘(a) IN GENERAL.—The Administrator, in consulta14
tion with the Secretary of Transportation, shall promul15
gate, and update from time to time, regulations to estab16
lish national transportation-related greenhouse gas emis17
sions reduction goals, standardized models and methodolo18
gies for use in developing surface transportation-related
19 greenhouse gas emissions reduction targets pursuant to
20 sections 134 and 135 of title 23 of the United States Code
21 and methods for collection of data on transportation-re22
lated greenhouse gas emissions. Such goals shall be com23
mensurate with the emissions reductions goals established
24 under the American Clean Energy and Security Act of
25 2009. In establishing such goals, models, and methodolo-
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1 gies, the Administrator shall consult with States and met2
ropolitan planning organizations and may utilize existing
3 models and methodologies.
4 ‘‘(b) TIMING.—The Administrator shall—
5 ‘‘(1) publish proposed regulations under sub6
section (a) not later than 12 months after the date
7 of enactment of this section; and
8 ‘‘(2) promulgate final regulations under sub9
section (a) not later than 18 months after the date
10 of enactment of this section.
11 ‘‘(c) ASSESSMENT.—At least every 6 years after pro12
mulgating final regulations under subsection (a), the Ad13
ministrator, jointly with the Secretary of Transportation,
14 shall assess current and projected progress in reducing na15
tional transportation-related greenhouse gas emissions.
16 The assessment shall examine the contributions to emis17
sions reductions attributable to improvements in vehicle
18 efficiency, greenhouse gas performance of transportation
19 fuels, increased efficiency in utilizing transportation sys20
tems and the effects of local and State planning.’’.
21 (b) METROPOLITAN PLANNING ORGANIZATIONS.—
22 Section 134 of title 23 of the United States Code is
23 amended as follows:
24 (1) In subsection (a)(1)—
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1 (A) by striking ‘‘minimizing’’ and inserting
2 ‘‘reducing’’; and
3 (B) by inserting ‘‘, reliance on oil, impacts
4 on the environment, transportation-related
5 greenhouse gas emissions’’ after ‘‘consump6
tion’’.
7 (2) In subsection (h)(1)(E)—
8 (A) by inserting ‘‘sustainability and liv9
ability, reduce surface transportation-related
10 greenhouse gas emissions and reliance on oil,
11 adapt to the effects of climate change,’’ after
12 ‘‘energy conservation’’;
13 (B) by inserting ‘‘and public health’’ after
14 ‘‘quality of life’’; and
15 (C) by inserting ‘‘, including housing and
16 land use patterns’’ after ‘‘development pat17
terns’’.
18 (3) In subsection (i)(4)(A) by inserting ‘‘air
19 quality, public health, housing, transportation,’’
20 after ‘‘conservation,’’.
21 (4) In subsection (k) by inserting at the end the
22 following new paragraph:
23 ‘‘(6) EMISSIONS REDUCTION PROCESS.—
24 ‘‘(A) IN GENERAL.—Within a metropolitan
25 planning area serving a transportation manage-
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H.L.C.
1 ment area, the transportation planning process
2 under this section shall address transportation3
related greenhouse gas emissions by including
4 emission reduction targets and strategies.
5 ‘‘(B) ESTABLISHMENT OF EMISSIONS RE6
DUCTION TARGETS AND STRATEGIES.—
7 ‘‘(i) IN GENERAL.—Not later than one
8 year after the promulgation of the final
9 regulations required under section 841 of
10 the Clean Air Act, each metropolitan plan11
ning organization shall develop surface
12 transportation-related greenhouse gas
13 emission reduction targets, as well as
14 strategies to meet such targets, as part of
15 the transportation planning process under
16 this section. If more than one metropolitan
17 planning organization has been designated
18 within a metropolitan planning area serv19
ing a transportation management area,
20 each such metropolitan planning organiza21
tion shall work cooperatively with other
22 such organization to develop the surface
23 transportation-related greenhouse gas
24 emission reduction targets required under
25 this subparagraph.
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1 ‘‘(ii) MINIMUM REQUIREMENTS.—
2 Each metropolitan planning organization
3 that develops targets and strategies re4
quired under clause (i) shall demonstrate
5 progress in stabilizing and reducing trans6
portation-related greenhouse gas emissions
7 in each metropolitan planning area serving
8 a surface transportation management area.
9 The targets and strategies shall, at a min10
imum—
11 ‘‘(I) be based on the models and
12 methodologies established in the final
13 regulations required under section
14 841 of the Clean Air Act;
15 ‘‘(II) address sources of surface
16 transportation-related greenhouse gas
17 emissions and contribute to achieve18
ment of the national transportation19
related greenhouse gas emissions re20
duction goals;
21 ‘‘(III) include efforts to increase
22 public transportation ridership; and
23 ‘‘(IV) include efforts to increase
24 walking, bicycling, and other forms of
25 nonmotorized transportation.
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1 ‘‘(C) PUBLIC NOTICE.—Each metropolitan
2 planning organization shall make its emission
3 reduction targets and strategies, and an anal4
ysis of the anticipated effects thereof, available
5 to the public through its Web site.
6 ‘‘(D) ENFORCEMENT.—If the Secretary
7 finds that a metropolitan planning organization
8 has failed to develop, submit or publish its
9 emission reduction targets and strategies, the
10 Secretary shall not certify that the require11
ments of this section are met with respect to
12 the metropolitan planning process of such orga13
nization.’’.
14 (c) STATES.—Section 135 of title 23 of the United
15 States Code is amended as follows:
16 (1) In subsection (d)(1)(E)—
17 (A) by inserting ‘‘sustainability and liv18
ability, reduce surface transportation-related
19 greenhouse gas emissions and reliance on oil,
20 adapt to the effects of climate change,’’ after
21 ‘‘energy conservation’’;
22 (B) by inserting ‘‘and public health’’ after
23 ‘‘quality of life’’; and
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1 (C) by inserting ‘‘, including housing and
2 land use patterns’’ after ‘‘development pat3
terns’’.
4 (2) In subsection (f)(2)(D)(i) by inserting ‘‘air
5 quality, public health, housing, transportation,’’
6 after ‘‘conservation,’’.
7 (3) In subsection (f) by inserting at the end the
8 following new paragraph:
9 ‘‘(9) EMISSIONS REDUCTION PROCESS.—
10 ‘‘(A) IN GENERAL.—Within a State, the
11 transportation planning process under this sec12
tion shall address transportation-related green13
house gas emissions by including emission re14
duction targets and strategies.
15 ‘‘(B) ESTABLISHMENT OF EMISSIONS RE16
DUCTION TARGETS AND STRATEGIES.—
17 ‘‘(i) IN GENERAL.—Not later than one
18 year after the promulgation of the final
19 regulations required under section 841 of
20 the Clean Air Act, each State shall develop
21 surface transportation-related greenhouse
22 gas emission reduction targets, as well as
23 strategies to meet such targets, as part of
24 the transportation planning process under
25 this section.
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1 ‘‘(ii) MINIMUM REQUIREMENTS.—
2 Each State that develops targets and strat3
egies required under clause (i) shall dem4
onstrate progress in stabilizing and reduc5
ing transportation-related greenhouse gas
6 emissions in such State. The targets and
7 strategies shall, at a minimum,
8 ‘‘(I) be based on the models and
9 methodologies established in the final
10 regulations required under section
11 841 of the Clean Air Act;
12 ‘‘(II) address sources of surface
13 transportation-related greenhouse gas
14 emissions and contribute to achieve15
ment of the national transportation16
related greenhouse gas emissions re17
duction goals;
18 ‘‘(III) include efforts to increase
19 public transportation ridership; and
20 ‘‘(IV) include efforts to increase
21 walking, bicycling, and other forms of
22 nonmotorized transportation.
23 ‘‘(D) PUBLIC NOTICE.—Each State shall
24 make its emission reduction targets and strate25
gies, and an analysis of the anticipated effects
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1 thereof, available to the public through its Web
2 site.
3 ‘‘(E) ENFORCEMENT.—If the Secretary
4 finds that a State has failed to develop, submit
5 or publish its emission reduction targets and
6 strategies, the Secretary shall not certify that
7 the requirements of this section are met with
8 respect to the statewide planning process of
9 such State.’’.
10 (d) DEPARTMENT OF TRANSPORTATION.—The Sec11
retary of Transportation shall establish appropriate re12
quirements, including performance measures, to ensure
13 that transportation plans developed under sections 134
14 and 135 of title 23 of the United States Code sufficiently
15 meet the requirements of this section, including achieving
16 progress towards national transportation-related green17
house gas emissions reduction goals.
18 SEC. 223. SMARTWAY TRANSPORTATION EFFICIENCY PRO19
GRAM.
20 Part B of title VIII of the Clean Air Act, as added
21 by section 221 of this Act is amended by adding after sec22
tion 821 the following section:
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1 ‘‘SEC. 822. SMARTWAY TRANSPORTATION EFFICIENCY PRO2
GRAM.
3 ‘‘(a) IN GENERAL.—There is established within the
4 Environmental Protection Agency a SmartWay Transport
5 Program to quantify, demonstrate, and promote the bene6
fits of technologies, products, fuels, and operational strate7
gies that reduce petroleum consumption, air pollution, and
8 greenhouse gas emissions from the mobile source sector.
9 ‘‘(b) GENERAL DUTIES.—Under the program estab10
lished under this section, the Administrator shall carry out
11 each of the following:
12 ‘‘(1) Development of measurement protocols to
13 evaluate the energy consumption and greenhouse gas
14 impacts from technologies and strategies in the mo15
bile source sector, including those for passenger
16 transport and goods movement.
17 ‘‘(2) Development of qualifying thresholds for
18 certifying, verifying, or designating energy-efficient,
19 low-greenhouse gas SmartWay technologies and
20 strategies for each mode of passenger transportation
21 and goods movement.
22 ‘‘(3) Development of partnership and recogni23
tion programs to promote best practices and drive
24 demand for energy-efficient, low-greenhouse gas
25 transportation performance.
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1 ‘‘(4) Promotion of the availability of, and en2
couragement of the adoption of, SmartWay certified
3 or verified technologies and strategies, and publica4
tion of the availability of financial incentives, such
5 as assistance from loan programs and other Federal
6 and State incentives.
7 ‘‘(c) SMARTWAY TRANSPORT FREIGHT PARTNER8
SHIP.—The Administrator shall establish a SmartWay
9 Transport Freight Partnership program with shippers and
10 carriers of goods to promote energy-efficient, low-green11
house gas transportation. In carrying out such partner12
ship, the Administrator shall undertake each of the fol13
lowing:
14 ‘‘(1) Certification of the energy and greenhouse
15 gas performance of participating freight carriers, in16
cluding those operating rail, trucking, marine, and
17 other goods movement operations.
18 ‘‘(2) Publication of a comprehensive energy and
19 greenhouse gas performance index of freight modes
20 (including rail, trucking, marine, and other modes of
21 transporting goods) and individual freight companies
22 so that shippers can choose to deliver their goods
23 more efficiently.
24 ‘‘(3) Development of tools for—
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1 ‘‘(A) carriers to calculate their energy and
2 greenhouse gas performance; and
3 ‘‘(B) shippers to calculate the energy and
4 greenhouse gas impacts of moving their prod5
ucts and to evaluate the relative impacts from
6 transporting their goods by different modes and
7 corporate carriers.
8 ‘‘(4) Provision of recognition opportunities for
9 participating shipper and carrier companies dem10
onstrating advanced practices and achieving superior
11 levels of greenhouse gas performance.
12 ‘‘(d) IMPROVING FREIGHT GREENHOUSE GAS PER13
FORMANCE DATABASES.—The Administrator shall, in co14
ordination with other appropriate agencies, define and col15
lect data on the physical and operational characteristics
16 of the Nation’s truck population, with special emphasis on
17 data related to energy efficiency and greenhouse gas per18
formance to inform the performance index published
19 under subsection (c)(2) of this section, and other means
20 of goods transport as necessary, at least every 5 years.
21 ‘‘(e) ESTABLISHMENT OF FINANCING PROGRAM.—
22 The Administrator shall establish a SmartWay Financing
23 Program to competitively award funding to eligible entities
24 identified by the Administrator in accordance with the
25 program requirements in subsection (g).
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H.L.C.
1 ‘‘(f) PURPOSE.—Under the SmartWay Financing
2 Program, eligible entities shall—
3 ‘‘(1) use funds awarded by the Administrator to
4 provide flexible loan and lease terms that increase
5 approval rates or lower the costs of loans and leases
6 in accordance with guidance developed by the Ad7
ministrator; and
8 ‘‘(2) make such loans and leases available to
9 public and private entities for the purpose of adopt10
ing low-greenhouse gas technologies or strategies for
11 the mobile source sector that are designated by the
12 Administrator.
13 ‘‘(g) PROGRAM REQUIREMENTS.—The Administrator
14 shall determine program design elements and require15
ments, including—
16 ‘‘(1) the type of financial mechanism with
17 which to award funding, in the form of grants or
18 contracts;
19 ‘‘(2) the designation of eligible entities to re20
ceive funding, including State, tribal, and local gov21
ernments, regional organizations comprised of gov22
ernmental units, nonprofit organizations, or for-prof23
it companies;
24 ‘‘(3) criteria for evaluating applications from el25
igible entities, including anticipated—
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1 ‘‘(A) cost-effectiveness of loan or lease pro2
gram on a metric-ton-of-greenhouse gas-saved3
per-dollar basis;
4 ‘‘(B) ability to promote the loan or lease
5 program and associated technologies and strate6
gies to the target audience; and
7 ‘‘(4) reporting requirements for entities that re8
ceive awards, including—
9 ‘‘(A) actual cost-effectiveness and green10
house gas savings from the loan or lease pro11
gram based on a methodology designated by the
12 Administrator;
13 ‘‘(B) the total number of applications and
14 number of approved applications; and
15 ‘‘(C) terms granted to loan and lease re16
cipients compared to prevailing market prac17
tices.
18 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—Such
19 sums as necessary are authorized to be appropriated to
20 the Administrator to carry out this section.’’.
21 SEC. 224. STATE VEHICLE FLEETS.
22 Section 507(o) of the Energy Policy Act of 1992 (42
23 U.S.C. 13257) is amended by adding the following new
24 paragraph at the end thereof:
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1 ‘‘(3) The Secretary shall revise the rules under this
2 subsection with respect to the types of alternative fueled
3 vehicles required for compliance with this subsection to en4
sure those rules are consistent with any guidance issued
5 pursuant to section 303 of this Act.’’.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Lucian Solaris

  • Guest
Re: TEXT of HR2454 Posted in Sections
« Reply #23 on: June 27, 2009, 03:27:49 pm »
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How much do you have???!!

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Offline Satyagraha

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  • Posts: 8,939
Re: TEXT of HR2454 Posted in Sections
« Reply #24 on: June 27, 2009, 03:28:35 pm »
===================================================
TITLE II - Energy Efficiency
===================================================
Subtitle D: Industrial Energy Efficiency Programs
===================================================

6 Subtitle D—Industrial Energy
7 Efficiency Programs
8 SEC. 241. INDUSTRIAL PLANT ENERGY EFFICIENCY STAND9
ARDS.
10 The Secretary of Energy shall continue to support
11 the development of the American National Standards In12
stitute (ANSI) voluntary industrial plant energy efficiency
13 certification program, pending International Standards
14 Organization (ISO) consensus standard 50001, and other
15 related ANSI/ISO standards. In addition, the Department
16 shall undertake complementary activities through the De17
partment of Energy’s Industry Technologies Program that
18 support the voluntary implementation of such standards
19 by manufacturing firms. There are authorized to be appro20
priated to the Secretary such sums as are necessary to
21 carry out these activities. The Secretary shall report to
22 Congress on the status of standards development and
23 plans for further standards development pursuant to this
24 section by not later than 18 months after the date of en-
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1 actment of this Act, and shall prepare a second such re2
port 18 months thereafter.
3 SEC. 242. ELECTRIC AND THERMAL WASTE ENERGY RECOV4
ERY AWARD PROGRAM.
5 (a) ELECTRIC AND THERMAL WASTE ENERGY RE6
COVERY AWARDS.—The Secretary of Energy shall estab7
lish a program to make monetary awards to the owners
8 and operators of new and existing electric energy genera9
tion facilities or thermal energy production facilities using
10 fossil or nuclear fuel, to encourage them to use innovative
11 means of recovering any thermal energy that is a poten12
tially useful byproduct of electric power generation or
13 other processes to—
14 (1) generate additional electric energy; or
15 (2) make sales of thermal energy not used for
16 electric generation, in the form of steam, hot water,
17 chilled water, or desiccant regeneration, or for other
18 commercially valid purposes.
19 (b) AMOUNT OF AWARDS.—
20 (1) ELIGIBILITY.—Awards shall be made under
21 subsection (a) only for the use of innovative means
22 that achieve net energy efficiency at the facility con23
cerned significantly greater than the current stand24
ard technology in use at similar facilities.
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1 (2) AMOUNT.—The amount of an award made
2 under subsection (a) shall equal an amount up to
3 the value of 25 percent of the energy projected to be
4 recovered or generated during the first 5 years of
5 operation of the facility using the innovative energy
6 recovery method, or such lesser amount that the
7 Secretary determines to be the minimum amount
8 that can cost-effectively stimulate such innovation.
9 (3) LIMITATION.—No person may receive an
10 award under this section if a grant under the waste
11 energy incentive grant program under section 373 of
12 the Energy Policy and Conservation Act (42 U.S.C.
13 6343) is made for the same energy savings resulting
14 from the same innovative method.
15 (c) REGULATORY STATUS.—The Secretary of Energy
16 shall—
17 (1) assist State regulatory commissions to iden18
tify and make changes in State regulatory programs
19 for electric utilities to provide appropriate regulatory
20 status for thermal energy byproduct businesses of
21 regulated electric utilities to encourage those utilities
22 to enter businesses making the sales referred to in
23 subsection (a)(2); and
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1 (2) encourage self-regulated utilities to enter
2 businesses making the sales referred to in subsection
3 (a)(2).
4 (d) AUTHORIZATION OF APPROPRIATIONS.—There
5 are authorized to be appropriated to the Secretary of En6
ergy such sums as are necessary for the purposes of this
7 section.
8 SEC. 243. CLARIFYING ELECTION OF WASTE HEAT RECOV9
ERY FINANCIAL INCENTIVES.
10 Section 373(e) of the Energy Policy and Conservation
11 Act (42 U.S.C. 6343(e)) is amended—
12 (1) by striking ‘‘that qualifies for’’ and insert13
ing ‘‘who elects to claim’’; and
14 (2) by inserting ‘‘from that project’’ after ‘‘for
15 waste heat recovery’’.
16 SEC. 244. MOTOR MARKET ASSESSMENT AND COMMERCIAL
17 AWARENESS PROGRAM.
18 (a) FINDINGS.—Congress finds that—
19 (1) electric motor systems account for about
20 half of the electricity used in the United States;
21 (2) electric motor energy use is determined by
22 both the efficiency of the motor and the system in
23 which the motor operates;
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1 (3) Federal Government research on motor end
2 use and efficiency opportunities is more than a dec3
ade old; and
4 (4) the Census Bureau has discontinued collec5
tion of data on motor and generator importation,
6 manufacture, shipment, and sales.
7 (b) DEFINITIONS.—In this section:
8 (1) DEPARTMENT.—The term ‘‘Department’’
9 means the Department of Energy.
10 (2) INTERESTED PARTIES.—The term ‘‘inter11
ested parties’’ includes—
12 (A) trade associations;
13 (B) motor manufacturers;
14 (C) motor end users;
15 (D) electric utilities; and
16 (E) individuals and entities that conduct
17 energy efficiency programs.
18 (3) SECRETARY.—The term ‘‘Secretary’’ means
19 the Secretary of Energy, in consultation with inter20
ested parties.
21 (c) ASSESSMENT.—The Secretary shall conduct an
22 assessment of electric motors and the electric motor mar23
ket in the United States that shall—
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1 (1) include important subsectors of the indus2
trial and commercial electric motor market (as de3
termined by the Secretary), including—
4 (A) the stock of motors and motor-driven
5 equipment;
6 (B) efficiency categories of the motor pop7
ulation; and
8 (C) motor systems that use drives, servos,
9 and other control technologies;
10 (2) characterize and estimate the opportunities
11 for improvement in the energy efficiency of motor
12 systems by market segment, including opportunities
13 for—
14 (A) expanded use of drives, servos, and
15 other control technologies;
16 (B) expanded use of process control,
17 pumps, compressors, fans or blowers, and mate18
rial handling components; and
19 (C) substitution of existing motor designs
20 with existing and future advanced motor de21
signs, including electronically commutated per22
manent magnet, interior permanent magnet,
23 and switched reluctance motors; and
24 (3) develop an updated profile of motor system
25 purchase and maintenance practices, including sur-
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1 veying the number of companies that have motor
2 purchase and repair specifications, by company size,
3 number of employees, and sales.
4 (d) RECOMMENDATIONS; UPDATE.—Based on the as5
sessment conducted under subsection (c), the Secretary
6 shall—
7 (1) develop—
8 (A) recommendations to update the de9
tailed motor profile on a periodic basis;
10 (B) methods to estimate the energy sav11
ings and market penetration that is attributable
12 to the Save Energy Now Program of the De13
partment; and
14 (C) recommendations for the Director of
15 the Census Bureau on market surveys that
16 should be undertaken in support of the motor
17 system activities of the Department; and
18 (2) prepare an update to the Motor Master+
19 program of the Department.
20 (e) PROGRAM.—Based on the assessment, rec21
ommendations, and update required under subsections (c)
22 and (d), the Secretary shall establish a proactive, national
23 program targeted at motor end-users and delivered in co24
operation with interested parties to increase awareness
25 of—
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H.L.C.
1 (1) the energy and cost-saving opportunities in
2 commercial and industrial facilities using higher effi3
ciency electric motors;
4 (2) improvements in motor system procurement
5 and management procedures in the selection of high6
er efficiency electric motors and motor-system com7
ponents, including drives, controls, and driven equip8
ment; and
9 (3) criteria for making decisions for new, re10
placement, or repair motor and motor system com11
ponents.
12 SEC. 245. MOTOR EFFICIENCY REBATE PROGRAM.
13 (a) IN GENERAL.—Part C of title III of the Energy
14 Policy and Conservation Act (42 U.S.C. 6311 et seq.) is
15 amended by adding at the end the following:
16 ‘‘SEC. 347. MOTOR EFFICIENCY REBATE PROGRAM.
17 ‘‘(a) ESTABLISHMENT.—Not later than January 1,
18 2010, in accordance with subsection (b), the Secretary
19 shall establish a program to provide rebates for expendi20
tures made by entities—
21 ‘‘(1) for the purchase and installation of a new
22 electric motor that has a nominal full load efficiency
23 that is not less than the nominal full load efficiency
24 as defined in—
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1 ‘‘(A) table 12–12 of NEMA Standards
2 Publication MG 1–2006 for random wound mo3
tors rated 600 volts or lower; or
4 ‘‘(B) table 12–13 of NEMA Standards
5 Publication MG 1–2006 for form wound motors
6 rated 5000 volts or lower; and
7 ‘‘(2) to replace an installed motor of the entity
8 the specifications of which are established by the
9 Secretary by a date that is not later than 90 days
10 after the date of enactment of this section.
11 ‘‘(b) REQUIREMENTS.—
12 ‘‘(1) APPLICATION.—To be eligible to receive a
13 rebate under this section, an entity shall submit to
14 the Secretary an application in such form, at such
15 time, and containing such information as the Sec16
retary may require, including—
17 ‘‘(A) demonstrated evidence that the entity
18 purchased an electric motor described in sub19
section (a)(1) to replace an installed motor de20
scribed in subsection (a)(2);
21 ‘‘(B) demonstrated evidence that the enti22
ty—
23 ‘‘(i) removed the installed motor of
24 the entity from service; and
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1 ‘‘(ii) properly disposed the installed
2 motor of the entity; and
3 ‘‘(C) the physical nameplate of the in4
stalled motor of the entity.
5 ‘‘(2) AUTHORIZED AMOUNT OF REBATE.—The
6 Secretary may provide to an entity that meets each
7 requirement under paragraph (1) a rebate the
8 amount of which shall be equal to the product ob9
tained by multiplying—
10 ‘‘(A) the nameplate horsepower of the elec11
tric motor purchased by the entity in accord12
ance with subsection (a)(1); and
13 ‘‘(B) $25.00.
14 ‘‘(3) PAYMENTS TO DISTRIBUTORS OF QUALI15
FYING ELECTRIC MOTORS.—To assist in the pay16
ment for expenses relating to processing and motor
17 core disposal costs, the Secretary shall provide to the
18 distributor of an electric motor described in sub19
section (a)(1), the purchaser of which received a re20
bate under this section, an amount equal to the
21 product obtained by multiplying—
22 ‘‘(A) the nameplate horsepower of the elec23
tric motor; and
24 ‘‘(B) $5.00.
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1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
2 are authorized to be appropriated to carry out this section,
3 to remain available until expended—
4 ‘‘(1) $80,000,000 for fiscal year 2011;
5 ‘‘(2) $75,000,000 for fiscal year 2012;
6 ‘‘(3) $70,000,000 for fiscal year 2013;
7 ‘‘(4) $65,000,000 for fiscal year 2014; and
8 ‘‘(5) $60,000,000 for fiscal year 2015.’’.
9 (b) TABLE OF CONTENTS.—The table of contents of
10 the Energy Policy and Conservation Act (42 U.S.C. prec.
11 6201) is amended by adding at the end of the items relat12
ing to part C of title III the following:
‘‘Sec. 347. Motor efficiency rebate program.’’.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

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Re: TEXT of HR2454 Posted in Sections
« Reply #25 on: June 27, 2009, 03:30:13 pm »
-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA512

How much do you have???!!

-----END PGP SIGNATURE-----

The bill is about 1200 pages long... so there's a lot of stuff that nobody read before they signed!!!
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
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  • Posts: 8,939
Re: TEXT of HR2454 Posted in Sections
« Reply #26 on: June 27, 2009, 03:32:02 pm »
===================================================
TITLE II - Energy Efficiency
===================================================
Subtitle E: Improvements in Energy Savings Performance Contracting
===================================================

13 Subtitle E—Improvements in En14
ergy Savings Performance Con15
tracting
16 SEC. 251. ENERGY SAVINGS PERFORMANCE CONTRACTS.
17 (a) COMPETITION REQUIREMENTS FOR TASK OR DE18
LIVERY ORDERS UNDER ENERGY SAVINGS PERFORM19
ANCE CONTRACTS.—
20 (1) COMPETITION REQUIREMENTS.—Subsection
21 (a) of section 801 of the National Energy Conserva22
tion Policy Act (42 U.S.C. 8287(a)) is amended by
23 adding at the end the following paragraph:
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1 ‘‘(3)(A) The head of a Federal agency may issue a
2 task or delivery order under an energy savings perform3
ance contract by—
4 ‘‘(i) notifying all contractors that have received
5 an award under such contract that the agency pro6
poses to discuss energy savings performance services
7 for some or all of its facilities and, following a rea8
sonable period of time to provide a proposal in re9
sponse to the notice, soliciting an expression of in10
terest in performing site surveys or investigations
11 and feasibility designs and studies and the submis12
sion of qualifications from such contractors, and in13
cluding in such notice summary information con14
cerning energy use for any facilities that the agency
15 has specific interest in including in such contract;
16 ‘‘(ii) reviewing all expressions of interest and
17 qualifications submitted pursuant to the notice
18 under clause (i);
19 ‘‘(iii) selecting two or more contractors (from
20 among those reviewed under clause (ii)) to conduct
21 discussions concerning the contractors’ respective
22 qualifications to implement potential energy con23
servation measures, including requesting references
24 demonstrating experience on similar efforts and the
25 resulting energy savings of such similar efforts, and
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1 providing an opportunity for a post-award debriefing
2 to all contractors that submitted expressions of in3
terest and qualifications under clause (ii) pursuant
4 to the notice;
5 ‘‘(iv) selecting and authorizing—
6 ‘‘(I) more than one contractor (from
7 among those selected under clause (iii)) to con8
duct site surveys, investigations, feasibility de9
signs and studies or similar assessments for the
10 energy savings performance contract services
11 (or for discrete portions of such services), for
12 the purpose of allowing each such contractor to
13 submit a firm, fixed-price proposal to imple14
ment specific energy conservation measures; or
15 ‘‘(II) one contractor (from among those se16
lected under clause (iii)) to conduct a site sur17
vey, investigation, a feasibility design and study
18 or similar for the purpose of allowing the con19
tractor to submit a firm, fixed-price proposal to
20 implement specific energy conservation meas21
ures;
22 ‘‘(v) negotiating a task or delivery order for en23
ergy savings performance contracting services with
24 the contractor or contractors selected under clause
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1 (iv) based on the energy conservation measures iden2
tified; and
3 ‘‘(vi) issuing a task or delivery order for energy
4 savings performance contracting services to such
5 contractor or contractors.
6 ‘‘(B) The issuance of a task or delivery order for en7
ergy savings performance contracting services pursuant to
8 subparagraph (A) is deemed to satisfy the task and deliv9
ery order competition requirements in section 2304c(d) of
10 title 10, United States Code, and section 303J(d) of the
11 Federal Property and Administrative Services Act of 1949
12 (41 U.S.C. 253j(d)).
13 ‘‘(C) The Secretary may issue guidance as necessary
14 to agencies issuing task or delivery orders pursuant to
15 subparagraph (A).’’.
16 (2) EFFECTIVE DATE.—The amendment made
17 by paragraph (1) is inapplicable to task or delivery
18 orders issued before the date of enactment of this
19 section.
20 (b) INCLUSION OF THERMAL RENEWABLE EN21
ERGY.—Section 203 of the Energy Policy Act of 2005 (42
22 U.S.C. 15852) is amended—
23 (1) in subsection (a), by striking ‘‘electric’’; and
24 (2) in subsection (b)(2), by inserting ‘‘or ther25
mal’’ after ‘‘means electric’’.
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1 (c) CREDIT FOR RENEWABLE ENERGY PRODUCED
2 AND USED ON SITE.—Subsection (c) of section 203 of the
3 Energy Policy Act of 2005 (42 U.S.C. 15852) is amended
4 to read as follows:
5 ‘‘(c) CALCULATION.—Renewable energy produced at
6 a Federal facility, on Federal lands, or on Indian lands
7 (as defined in title XXVI of the Energy Policy Act of 1992
8 (25 U.S.C. 3501 et seq.)) shall be calculated separately
9 from renewable energy consumed at a Federal facility, and
10 each may be used to comply with the consumption require11
ment under subsection (a).’’.
12 (d) FINANCING FLEXIBILITY.—Section 801(a)(2)(E)
13 of the National Energy Conservation Policy Act (42
14 U.S.C. 8287(a)(2)(E)) is amended by striking ‘‘In’’ and
15 inserting ‘‘Notwithstanding any other provision of law,
16 in’’.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

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  • Posts: 8,939
Re: TEXT of HR2454 Posted in Sections
« Reply #27 on: June 27, 2009, 03:33:30 pm »
===================================================
TITLE II - Energy Efficiency
===================================================
Subtitle F: Public Institutions
===================================================

17 Subtitle F—Public Institutions
18 SEC. 261. PUBLIC INSTITUTIONS.
19 Section 399A of the Energy Policy and Conservation
20 Act (42 U.S.C. 6371h–1) is amended—
21 (1) in subsection (a)(5), by striking ‘‘or a des22
ignee’’ and inserting ‘‘an Indian tribe, a not-for23
profit hospital or not-for-profit inpatient health care
24 facility, or a designated agent’’;
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H.L.C.
1 (2) in subsection (c)(1), by striking subpara2
graph (C);
3 (3) in subsection (f)(3)(A), by striking
4 ‘‘$1,000,000’’ and inserting ‘‘$2,500,000’’; and
5 (4) in subsection (i)(1), by striking
6 ‘‘$250,000,000 for each of fiscal years 2009 through
7 2013’’ and inserting ‘‘$250,000,000 for each of fis8
cal years 2010 through 2015’’.
9 SEC. 262. COMMUNITY ENERGY EFFICIENCY FLEXIBILITY.
10 Section 545(b)(3) of the Energy Independence and
11 Security Act of 2007 (42 U.S.C. 17155(b)(3)) is amend12
ed—
13 (1) by striking ‘‘Indian tribe may use’’ and all
14 that follows through ‘‘for administrative expenses’’
15 and inserting ‘‘Indian tribe may use for administra16
tive expenses’’;
17 (2) by striking subparagraphs (B) and (C);
18 (3) by redesignating the remaining clauses (i)
19 and (ii) as subparagraphs (A) and (B), respectively
20 and adjusting the margin of those subparagraphs ac21
cordingly; and
22 (4) by striking the semicolon at the end and in23
serting a period.
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502
H.L.C.
1 SEC. 263. SMALL COMMUNITY JOINT PARTICIPATION.
2 (a) Section 541(3)(A) of the Energy Independence
3 and Security Act of 2007 is amended in clause (i) by strik4
ing ‘‘and’’ at the end of subclause (II), in clause (ii) by
5 striking the period at the end of subclause (II) and insert6
ing ‘‘; or’’, and by inserting the following new clause (iii):
7 ‘‘(iii) a group of adjacent, contiguous, or
8 geographically proximate units of local govern9
ment that reach agreement to act jointly for
10 purposes of this section and that represent a
11 combined population of not less than 35,000.’’.
12 (b) Section 541(3)(B) of the Energy Independence
13 and Security Act of 2007 is amended in clause (i) by strik14
ing ‘‘or’’, in clause (ii) by striking the period at the end
15 and inserting ‘‘; or’’, and by inserting the following new
16 clause (iii):
17 ‘‘(iii) a group of adjacent, contiguous, or
18 geographically proximate units of local govern19
ment that reach agreement to act jointly for
20 purposes of this section and that represent a
21 combined population of not less than 50,000.’’.
22 SEC. 264. LOW INCOME COMMUNITY ENERGY EFFICIENCY
23 PROGRAM.
24 (a) IN GENERAL.—The Secretary of Energy is au25
thorized to make grants to private, nonprofit, mission26
driven community development organizations including
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1 community development corporations and community de2
velopment financial institutions to provide financing to
3 businesses and projects that improve energy efficiency;
4 identify and develop alternative, renewable, and distrib5
uted energy supplies; provide technical assistance and pro6
mote job and business opportunities for low-income resi7
dents; and increase energy conservation in low income
8 rural and urban communities.
9 (b) GRANTS.—The purpose of such grants is to in10
crease the flow of capital and benefits to low income com11
munities, minority-owned and woman-owned businesses
12 and entrepreneurs and other projects and activities located
13 in low income communities in order to reduce environ14
mental degradation, foster energy conservation and effi15
ciency and create job and business opportunities for local
16 residents. The Secretary may make grants on a competi17
tive basis for—
18 (1) investments that develop alternative, renew19
able, and distributed energy supplies;
20 (2) capitalizing loan funds that lend to energy
21 efficiency projects and energy conservation pro22
grams;
23 (3) technical assistance to plan, develop, and
24 manage an energy efficiency financing program; and
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1 (4) technical and financial assistance to assist
2 small-scale businesses and private entities develop
3 new renewable and distributed sources of power or
4 combined heat and power generation.
5 (c) AUTHORIZATION OF APPROPRIATIONS.—For the
6 purposes of this section there is authorized to be appro7
priated $50,000,000 for each of the fiscal years 2010
8 through 2015.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
Re: TEXT of HR2454 Posted in Sections
« Reply #28 on: June 27, 2009, 03:35:33 pm »
===================================================
TITLE II - Energy Efficiency
===================================================
Subtitle G: Miscellaneous
===================================================

9 Subtitle G—Miscellaneous
10 SEC. 271. ENERGY EFFICIENT INFORMATION AND COMMU11
NICATIONS TECHNOLOGIES.
12 Section 543 of the National Energy Conservation
13 Policy Act (42 U.S.C. 8253) is amended to read as follows:
14 ‘‘SEC. 543. ENERGY EFFICIENT INFORMATION AND COMMU15
NICATIONS TECHNOLOGIES.
16 ‘‘(a) IN GENERAL.—Not later than 1 year after the
17 date of enactment of the American Clean Energy and Se18
curity Act of 2009, each Federal agency shall collaborate
19 with the Director of the Office of Management and Budget
20 (referred to in this section as the ‘Director’) to create an
21 implementation strategy, including best practices and
22 measurement and verification techniques, for the purchase
23 and use of energy efficient information and communica24
tions technologies and practices. Wherever possible, exist25
ing standards, specifications, performance metrics, and
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505
H.L.C.
1 best management practices that have been or are being
2 developed in open collaboration and with broad stake3
holder input and review should be incorporated. In addi4
tion, agency strategies shall be flexible, cost-effective, and
5 based on the specific operating requirements and statutory
6 mission of each agency.
7 ‘‘(b) ENERGY EFFICIENT INFORMATION AND COM8
MUNICATIONS TECHNOLOGIES.—In developing an imple9
mentation strategy, each agency shall—
10 ‘‘(1) consider information and communications
11 technologies and infrastructure, including, but not
12 limited to, advanced metering infrastructure, infor13
mation and communications technology services and
14 products, efficient data center strategies, applica15
tions modernization and rationalization, building
16 systems energy efficiency, and telework; and
17 ‘‘(2) ensure that agencies are eligible to realize
18 the savings and rewards brought about through in19
creased efficiencies.
20 ‘‘(c) PERFORMANCE GOALS.—Not later than 6
21 months after the date of enactment of the American Clean
22 Energy and Security Act of 2009, the Director shall estab23
lish performance goals for evaluating the efforts of the
24 agencies in improving the maintenance, purchase and use
25 of energy efficiency of information and communications
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H.L.C.
1 technology systems. These performance goals should
2 measure information technology costs over a specific time
3 horizon (3 to 5 years), providing a complete picture of all
4 costs, including energy.
5 ‘‘(d) REPORT.—Not later than 18 months after the
6 date of enactment of the American Clean Energy and Se7
curity Act of 2009, and annually thereafter, the Director
8 shall submit a report to Congress on—
9 ‘‘(1) the progress of each agency in reducing
10 energy use through its implementation strategy; and
11 ‘‘(2) new and emerging technologies that would
12 help achieve increased energy efficiency.’’.
13 SEC. 272. NATIONAL ENERGY EFFICIENCY GOALS.
14 (a) GOALS.—The energy efficiency goals of the
15 United States are—
16 (1) to achieve an improvement in the overall en17
ergy productivity of the United States (measured in
18 gross domestic product per unit of energy input) of
19 at least 2.5 percent per year by the year 2012; and
20 (2) to maintain that annual rate of improve21
ment each year through 2030.
22 (b) STRATEGIC PLAN.—
23 (1) IN GENERAL.—Not later than 1 year after
24 the date of enactment of this Act, the Secretary of
25 Energy (referred to in this section as the ‘‘Sec-
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1 retary’’), in cooperation with the Administrator and
2 the heads of other appropriate Federal agencies,
3 shall develop a strategic plan to achieve the national
4 goals for improvement in energy productivity estab5
lished under subsection (a).
6 (2) PUBLIC INPUT AND COMMENT.—The Sec7
retary shall develop the plan in a manner that pro8
vides appropriate opportunities for public input and
9 comment.
10 (c) PLAN CONTENTS.—The strategic plan shall—
11 (1) identify future regulatory, funding, and pol12
icy priorities that would assist the United States in
13 meeting the national goals;
14 (2) include energy savings estimates for each
15 sector; and
16 (3) include data collection methodologies and
17 compilations used to establish baseline and energy
18 savings data.
19 (d) PLAN UPDATES.—
20 (1) IN GENERAL.—The Secretary shall—
21 (A) update the strategic plan biennially;
22 and
23 (B) include the updated strategic plan in
24 the national energy policy plan required by sec-
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508
H.L.C.
1 tion 801 of the Department of Energy Organi2
zation Act (42 U.S.C. 7321).
3 (2) CONTENTS.—In updating the plan, the Sec4
retary shall—
5 (A) report on progress made toward imple6
menting efficiency policies to achieve the na7
tional goals established under subsection (a);
8 and
9 (B) verify, to the maximum extent prac10
ticable, energy savings resulting from the poli11
cies.
12 (e) REPORT TO CONGRESS AND THE PUBLIC.—The
13 Secretary shall submit to Congress, and make available
14 to the public, the initial strategic plan developed under
15 subsection (b) and each updated plan.
16 SEC. 273. AFFILIATED ISLAND ENERGY INDEPENDENCE
17 TEAM.
18 (a) DEFINITIONS.—In this section:
19 (1) AFFILIATED ISLAND.—The term ‘‘affiliated
20 island’’ means—
21 (A) the Commonwealth of Puerto Rico;
22 (B) Guam;
23 (C) American Samoa;
24 (D) the Commonwealth of the Northern
25 Mariana Islands;
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1 (E) the Federated States of Micronesia;
2 (F) the Republic of the Marshall Islands;
3 (G) the Republic of Palau; and
4 (H) the United States Virgin Islands.
5 (2) SECRETARY.—The term ‘‘Secretary’’ means
6 the Secretary of Energy (acting through the Assist7
ant Secretary of Energy Efficiency and Renewable
8 Energy), in consultation with the Secretary of the
9 Interior and the Secretary of State.
10 (3) TEAM.—The term ‘‘team’’ means the team
11 established by the Secretary under subsection (b).
12 (b) ESTABLISHMENT.—As soon as practicable after
13 the date of enactment of this Act, the Secretary shall as14
semble a team of technical, policy, and financial experts
15 to address the energy needs of each affiliated island—
16 (1) to reduce the reliance and expenditure of
17 each affiliated island on imported fossil fuels;
18 (2) to increase the use by each affiliated island
19 of indigenous, nonfossil fuel energy sources;
20 (3) to improve the performance of the energy
21 infrastructure of the affiliated island through
22 projects—
23 (A) to improve the energy efficiency of
24 power generation, transmission, and distribu25
tion; and
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1 (B) to increase consumer energy efficiency;
2 (4) to improve the performance of the energy
3 infrastructure of each affiliated island through en4
hanced planning, education, and training;
5 (5) to adopt research-based and public-private
6 partnership-based approaches as appropriate;
7 (6) to stimulate economic development and job
8 creation; and
9 (7) to enhance the engagement by the Federal
10 Government in international efforts to address island
11 energy needs.
12 (c) DUTIES OF TEAM.—
13 (1) ENERGY ACTION PLANS.—
14 (A) IN GENERAL.—In accordance with
15 subparagraph (B), the team shall provide tech16
nical, programmatic, and financial assistance to
17 each utility of each affiliated island, and the
18 government of each affiliated island, as appro19
priate, to develop and implement an energy Ac20
tion Plan for each affiliated island to reduce the
21 reliance of each affiliated island on imported
22 fossil fuels through increased efficiency and use
23 of indigenous clean-energy resources.
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H.L.C.
1 (B) REQUIREMENTS.—Each Action Plan
2 described in subparagraph (A) for each affili3
ated island shall require and provide for—
4 (i) the conduct of 1 or more studies to
5 assess opportunities to reduce fossil fuel
6 use through—
7 (I) the improvement of the en8
ergy efficiency of the affiliated island;
9 and
10 (II) the increased use by the af11
filiated island of indigenous clean-en12
ergy resources;
13 (ii) the identification and implementa14
tion of the most cost-effective strategies
15 and projects to reduce the dependence of
16 the affiliated island on fossil fuels;
17 (iii) the promotion of education and
18 training activities to improve the capacity
19 of the local utilities of the affiliated island,
20 and the government of the affiliated island,
21 as appropriate, to plan for, maintain, and
22 operate the energy infrastructure of the af23
filiated island through the use of local or
24 regional institutions, as appropriate;
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1 (iv) the coordination of the activities
2 described in clause (iii) to leverage the ex3
pertise and resources of international enti4
ties, the Department of Energy, the De5
partment of the Interior, and the regional
6 utilities of the affiliated island;
7 (v) the identification, and develop8
ment, as appropriate, of research-based
9 and private-public, partnership approaches
10 to implement the Action Plan; and
11 (vi) any other component that the
12 Secretary determines to be necessary to re13
duce successfully the use by each affiliated
14 island of fossil fuels.
15 (2) REPORTS TO SECRETARY.—Not later than
16 1 year after the date on which the Secretary estab17
lishes the team and biennially thereafter, the team
18 shall submit to the Secretary a report that contains
19 a description of the progress of each affiliated island
20 in—
21 (A) implementing the Action Plan of the
22 affiliated island developed under paragraph
23 (1)(A); and
24 (B) reducing the reliance of the affiliated
25 island on fossil fuels.
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1 (d) USE OF REGIONAL UTILITY ORGANIZATIONS.—
2 To provide expertise to affiliated islands to assist the af3
filiated islands in meeting the purposes of this section, the
4 Secretary shall consider—
5 (1) including regional utility organizations in
6 the establishment of the team; and
7 (2) providing assistance through regional utility
8 organizations.
9 (e) ANNUAL REPORTS TO CONGRESS.—Not later
10 than 30 days after the date on which the Secretary re11
ceives a report submitted by the team under subsection
12 (c)(2), the Secretary shall submit to the appropriate com13
mittees of Congress a report that contains a summary of
14 the report of the team.
15 (f) AUTHORIZATION OF APPROPRIATIONS.—There
16 are authorized to be appropriated such sums as are nec17
essary to carry out this section.
18 SEC. 274. PRODUCT CARBON DISCLOSURE PROGRAM.
19 (a) EPA STUDY.—The Administrator shall conduct
20 a study to determine the feasibility of establishing a na21
tional program for measuring, reporting, publicly dis22
closing, and labeling products or materials sold in the
23 United States for their carbon content, and shall, not later
24 than 18 months after the date of enactment of this Act,
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1 transmit a report to Congress which shall include the fol2
lowing:
3 (1) A determination of whether a national prod4
uct carbon disclosure program and labeling program
5 would be effective in achieving the intended goals of
6 achieving greenhouse gas reductions and an exam7
ination of existing programs globally and their
8 strengths and weaknesses.
9 (2) Criteria for identifying and prioritizing sec10
tors and products and processes that should be cov11
ered in such program or programs.
12 (3) An identification of products, processes, or
13 sectors whose inclusion could have a substantial car14
bon impact (prioritizing industrial products such as
15 iron and steel, aluminum, cement, chemicals, and
16 paper products, and also including food, beverage,
17 hygiene, cleaning, household cleaners, construction,
18 metals, clothing, semiconductor, and consumer elec19
tronics).
20 (4) Suggested methodology and protocols for
21 measuring the carbon content of the products across
22 the entire carbon lifecycle of such products for use
23 in a carbon disclosure program and labeling pro24
gram.
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1 (5) A review of existing greenhouse gas product
2 accounting standards, methodologies, and practices
3 including the Greenhouse Gas Protocol, ISO 14040/
4 44, ISO 14067, and Publically Available Specifica5
tion 2050, and including a review of the strengths
6 and weaknesses of each.
7 (6) A survey of secondary databases including
8 the Manufacturing Energy Consumption Survey and
9 evaluate the quality of data for use in a product car10
bon disclosure program and product carbon labeling
11 program and an identification of gaps in the data
12 relative to the potential purposes of a national prod13
uct carbon disclosure program and product carbon
14 labeling program and development of recommenda15
tions for addressing these data gaps.
16 (7) An assessment of the utility of comparing
17 products and the appropriateness of product carbon
18 standards.
19 (8) An evaluation of the information needed on
20 a label for clear and accurate communication, in21
cluding what pieces of quantitative and qualitative
22 information needs to be disclosed.
23 (9) An evaluation of the appropriate boundaries
24 of the carbon lifecycle analysis for different sectors
25 and products.
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1 (10) An analysis of whether default values
2 should be developed for products whose producer
3 does not participate in the program or does not have
4 data to support a disclosure or label and determine
5 best ways to develop such default values.
6 (11) A recommendation of certification and
7 verification options necessary to assure the quality
8 of the information and avoid greenwashing or the
9 use of insubstantial or meaningless environmental
10 claims to promote a product.
11 (12) An assessment of options for educating
12 consumers about product carbon content and the
13 product carbon disclosure program and product car14
bon labeling program.
15 (13) An analysis of the costs and timelines as16
sociated with establishing a national product carbon
17 disclosure program and product carbon labeling pro18
gram, including options for a phased approach.
19 Costs should include those for businesses associated
20 with the measurement of carbon footprints and
21 those associated with creating a product carbon label
22 and managing and operating a product carbon label23
ing program, and options for minimizing these costs.
24 (14) An evaluation of incentives (such as finan25
cial incentives, brand reputation, and brand loyalty)
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1 to determine whether reductions in emissions can be
2 accelerated through encouraging more efficient man3
ufacturing or by encouraging preferences for lower4
emissions products to substitute for higher-emissions
5 products whose level of performance is no better.
6 (b) DEVELOPMENT OF NATIONAL CARBON DISCLO7
SURE PROGRAM.—Upon conclusion of the study, and not
8 more than 36 months after the date of enactment of this
9 Act, the Administrator shall establish a national product
10 carbon disclosure program, participation in which shall be
11 voluntary, and which may involve a product carbon label
12 with broad applicability to the wholesale and consumer
13 markets to enable and encourage knowledge about carbon
14 content by producers and consumers and to inform efforts
15 to reduce energy consumption (carbon dioxide equivalent
16 emissions) nationwide. In developing such a program, the
17 Administrator shall—
18 (1) consider the results of the study conducted
19 under subsection (a);
20 (2) consider existing and planned programs and
21 proposals and measurement standards (including the
22 Publicly Available Specification 2050, standards to
23 be developed by the World Resource Institute/World
24 Business Council for Sustainable Development, the
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1 International Standards Organization, and the bill
2 AB19 pending in the California legislature);
3 (3) consider the compatibility of a national
4 product carbon disclosure program with existing pro5
grams;
6 (4) utilize incentives and other means to spur
7 the adoption of product carbon disclosure and prod8
uct carbon labeling;
9 (5) develop protocols and parameters for a
10 product carbon disclosure program, including a
11 methodology and formula for assessing, verifying,
12 and potentially labeling a product’s greenhouse gas
13 content, and for data quality requirements to allow
14 for product comparison;
15 (6) create a means to—
16 (A) document best practices;
17 (B) ensure clarity and consistency;
18 (C) work with suppliers, manufacturers,
19 and retailers to encourage participation;
20 (D) ensure that protocols are consistent
21 and comparable across like products; and
22 (E) evaluate the effectiveness of the pro23
gram;
24 (7) make publicly available information on
25 product carbon content to ensure transparency;
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1 (8) provide for public outreach, including a con2
sumer education program to increase awareness;
3 (9) develop training and education programs to
4 help businesses learn how to measure and commu5
nicate their carbon footprint and easy tools and tem6
plates for businesses to use to reduce cost and time
7 to measure their products’ carbon lifecycle;
8 (10) consult with the Secretary of Energy, the
9 Secretary of Commerce, the Federal Trade Commis10
sion, and other Federal agencies, as necessary;
11 (11) gather input from stakeholders through
12 consultations, public workshops or hearings with
13 representatives of consumer product manufacturers,
14 consumer groups, and environmental groups;
15 (12) utilize systems for verification and product
16 certification that will ensure that claims manufactur17
ers make about their products are valid;
18 (13) create a process for reviewing the accuracy
19 of product carbon label information and protecting
20 the product carbon label in the case of a change in
21 the product’s energy source, supply chain, ingredi22
ents, or other factors, and specify the frequency to
23 which data should be updated; and
24 (14) develop a standardized, easily understand25
able carbon label, if appropriate, and create a proc-
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1 ess for responding to inaccuracies and misuses of
2 such a label.
3 (c) REPORT TO CONGRESS.—Not later than 5 years
4 after the program is established pursuant to subsection
5 (b), the Administrator shall report to Congress on the ef6
fectiveness and impact of the program, the level of vol7
untary participation, and any recommendations for addi8
tional measures.
9 (d) DEFINITIONS.—As used in this section—
10 (1) the term ‘‘carbon content’’ means the
11 amount of greenhouse gas emissions and their
12 warming impact on the atmosphere expressed in car13
bon dioxide equivalent associated with a product’s
14 value chain;
15 (2) the term ‘‘carbon footprint’’ means the level
16 of greenhouse gas emissions produced by a par17
ticular activity, service, or entity; and
18 (3) the term ‘‘carbon lifecycle’’ means the
19 greenhouse gas emissions that are released as part
20 of the processes of creating, producing, processing or
21 manufacturing, modifying, transporting, distrib22
uting, storing, using, recycling, or disposing of goods
23 and services.
24 (e) AUTHORIZATION OF APPROPRIATIONS.—There is
25 authorized to be appropriated to the Administrator
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1 $5,000,000 for the study required by subsection (a) and
2 $25,000,000 for each of fiscal years 2010 through 2025
3 for the program required under subsection (b).
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
===================================================
TITLE III - Reducing Global Warming Pollution
===================================================
Subtitle A: Reducing Global Warming Pollution (Part 1 of 6)
===================================================
TITLE III—REDUCING GLOBAL
5 WARMING POLLUTION
6 SEC. 301. SHORT TITLE.
7 This title, and sections 112, 116, 221, 222, 223, and
8 401 of this Act, and the amendments made by this title
9 and those sections, may be cited as the ‘‘Safe Climate
10 Act’’.
11 Subtitle A—Reducing Global
12 Warming Pollution
13 SEC. 311. REDUCING GLOBAL WARMING POLLUTION.
14 The Clean Air Act (42 U.S.C. and following) is
15 amended by adding after title VI the following new title:

19 ‘‘PART A—GLOBAL WARMING POLLUTION
20 REDUCTION GOALS AND TARGETS

21 ‘‘SEC. 701. FINDINGS AND PURPOSE.
22 ‘‘(a) FINDINGS.—The Congress finds as follows:
23 ‘‘(1) Global warming poses a significant threat
24 to the national security, economy, public health and
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1 welfare, and environment of the United States, as
2 well as of other nations.
3 ‘‘(2) Reviews of scientific studies, including by
4 the Intergovernmental Panel on Climate Change and
5 the National Academy of Sciences, demonstrate that
6 global warming is the result of the combined anthro7
pogenic greenhouse gas emissions from numerous
8 sources of all types and sizes. Each increment of
9 emission, when combined with other emissions,
10 causes or contributes materially to the acceleration
11 and extent of global warming and its adverse effects
12 for the lifetime of such gas in the atmosphere. Ac13
cordingly, controlling emissions in small as well as
14 large amounts is essential to prevent, slow the pace
15 of, reduce the threats from, and mitigate global
16 warming and its adverse effects.
17 ‘‘(3) Because they induce global warming,
18 greenhouse gas emissions cause or contribute to in19
juries to persons in the United States, including—
20 ‘‘(A) adverse health effects such as disease
21 and loss of life;
22 ‘‘(B) displacement of human populations;
23 ‘‘(C) damage to property and other inter24
ests related to ocean levels, acidification, and
25 ice changes;
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1 ‘‘(D) severe weather and seasonal changes;
2 ‘‘(E) disruption, costs, and losses to busi3
ness, trade, employment, farms, subsistence,
4 aesthetic enjoyment of the environment, recre5
ation, culture, and tourism;
6 ‘‘(F) damage to plants, forests, lands, and
7 waters;
8 ‘‘(G) harm to wildlife and habitat;
9 ‘‘(H) scarcity of water and the decreased
10 abundance of other natural resources;
11 ‘‘(I) worsening of tropospheric air pollu12
tion;
13 ‘‘(J) substantial threats of similar damage;
14 and
15 ‘‘(K) other harm.
16 ‘‘(4) That many of these effects and risks of fu17
ture effects of global warming are widely shared
18 does not minimize the adverse effects individual per19
sons have suffered, will suffer, and are at risk of
20 suffering because of global warming.
21 ‘‘(5) That some of the adverse and potentially
22 catastrophic effects of global warming are at risk of
23 occurring and not a certainty does not negate the
24 harm persons suffer from actions that increase the
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1 likelihood, extent, and severity of such future im2
pacts.
3 ‘‘(6) Nations of the world look to the United
4 States for leadership in addressing the threat of and
5 harm from global warming. Full implementation of
6 the Safe Climate Act is critical to engage other na7
tions in an international effort to mitigate the threat
8 of and harm from global warming.
9 ‘‘(7) Global warming and its adverse effects are
10 occurring and are likely to continue and increase in
11 magnitude, and to do so at a greater and more
12 harmful rate, unless the Safe Climate Act is fully
13 implemented and enforced in an expeditious manner.
14 ‘‘(b) PURPOSE.—It is the general purpose of the Safe
15 Climate Act to help prevent, reduce the pace of, mitigate,
16 and remedy global warming and its adverse effects. To ful17
fill such purpose, it is necessary to—
18 ‘‘(1) require the timely fulfillment of all govern19
mental acts and duties, both substantive and proce20
dural, and the prompt compliance of covered entities
21 with the requirements of the Safe Climate Act;
22 ‘‘(2) establish and maintain an effective, trans23
parent, and fair market for emission allowances and
24 preserve the integrity of the cap on emissions and of
25 offset credits;
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1 ‘‘(3) advance the production and deployment of
2 clean energy and energy efficiency technologies; and
3 ‘‘(4) ensure effective enforcement of the Safe
4 Climate Act by citizens, States, Indian tribes, and
5 all levels of government because each violation of the
6 Safe Climate Act is likely to result in an additional
7 increment of greenhouse gas emission and will slow
8 the pace of implementation of the Safe Climate Act
9 and delay the achievement of the goals set forth in
10 section 702, and cause or contribute to global warm11
ing and its adverse effects.
12 ‘‘SEC. 702. ECONOMY-WIDE REDUCTION GOALS.
13 ‘‘The goals of the Safe Climate Act are to reduce
14 steadily the quantity of United States greenhouse gas
15 emissions such that—
16 ‘‘(1) in 2012, the quantity of United States
17 greenhouse gas emissions does not exceed 97 percent
18 of the quantity of United States greenhouse gas
19 emissions in 2005;
20 ‘‘(2) in 2020, the quantity of United States
21 greenhouse gas emissions does not exceed 80 percent
22 of the quantity of United States greenhouse gas
23 emissions in 2005;
24 ‘‘(3) in 2030, the quantity of United States
25 greenhouse gas emissions does not exceed 58 percent
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1 of the quantity of United States greenhouse gas
2 emissions in 2005; and
3 ‘‘(4) in 2050, the quantity of United States
4 greenhouse gas emissions does not exceed 17 percent
5 of the quantity of United States greenhouse gas
6 emissions in 2005.
7 ‘‘SEC. 703. REDUCTION TARGETS FOR SPECIFIED SOURCES.
8 ‘‘(a) IN GENERAL.—The regulations issued under
9 section 721 shall cap and reduce annually the greenhouse
10 gas emissions of capped sources each calendar year begin11
ning in 2012 such that—
12 ‘‘(1) in 2012, the quantity of greenhouse gas
13 emissions from capped sources does not exceed 97
14 percent of the quantity of greenhouse gas emissions
15 from such sources in 2005;
16 ‘‘(2) in 2020, the quantity of greenhouse gas
17 emissions from capped sources does not exceed 83
18 percent of the quantity of greenhouse gas emissions
19 from such sources in 2005;
20 ‘‘(3) in 2030, the quantity of greenhouse gas
21 emissions from capped sources does not exceed 58
22 percent of the quantity of greenhouse gas emissions
23 from such sources in 2005; and
24 ‘‘(4) in 2050, the quantity of greenhouse gas
25 emissions from capped sources does not exceed 17
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1 percent of the quantity of greenhouse gas emissions
2 from such sources in 2005.
3 ‘‘(b) DEFINITION.—For purposes of this section, the
4 term ‘greenhouse gas emissions from such sources in
5 2005’ means emissions to which section 722 would have
6 applied if the requirements of this title for the specified
7 year had been in effect for 2005.
8 ‘‘SEC. 704. SUPPLEMENTAL POLLUTION REDUCTIONS.
9 ‘‘For the purposes of decreasing the likelihood of cat10
astrophic climate change, preserving tropical forests,
11 building capacity to generate offset credits, and facili12
tating international action on global warming, the Admin13
istrator shall set aside the percentage specified in section
14 781 of the quantity of emission allowances established
15 under section 721(a) for each year, to be used to achieve
16 a reduction of greenhouse gas emissions from deforest17
ation in developing countries in accordance with part E.
18 In 2020, activities supported under part E shall provide
19 greenhouse gas reductions in an amount equal to an addi20
tional 10 percentage points of reductions from United
21 States greenhouse gas emissions in 2005. The Adminis22
trator shall distribute these allowances with respect to ac23
tivities in countries that enter into and implement agree24
ments or arrangements relating to reduced deforestation
25 as described in section 754(a)(2).
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1 ‘‘SEC. 705. REVIEW AND PROGRAM RECOMMENDATIONS.
2 ‘‘(a) IN GENERAL.—The Administrator shall, in con3
sultation with appropriate Federal agencies, submit to
4 Congress a report not later than July 1, 2013, and every
5 4 years thereafter, that includes—
6 ‘‘(1) an analysis of key findings based on the
7 latest scientific information and data relevant to
8 global climate change;
9 ‘‘(2) an analysis of capabilities to monitor and
10 verify greenhouse gas reductions on a worldwide
11 basis, including for the United States, as required
12 under the Safe Climate Act; and
13 ‘‘(3) an analysis of the status of worldwide
14 greenhouse gas reduction efforts, including imple15
mentation of the Safe Climate Act and other poli16
cies, both domestic and international, for reducing
17 greenhouse gas emissions, preventing dangerous at18
mospheric concentrations of greenhouse gases, pre19
venting significant irreversible consequences of cli20
mate change, and reducing vulnerability to the im21
pacts of climate change.
22 ‘‘(b) EXCEPTION.—Paragraph (3) of subsection (a)
23 shall not apply to the first report submitted under such
24 subsection.
25 ‘‘(c) LATEST SCIENTIFIC INFORMATION.—The anal26
ysis required under subsection (a)(1) shall—
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1 ‘‘(1) address existing scientific information and
2 reports, considering, to the greatest extent possible,
3 the most recent assessment report of the Intergov4
ernmental Panel on Climate Change, reports by the
5 United States Global Change Research Program, the
6 Natural Resources Climate Change Adaptation
7 Panel established under section 475 of the American
8 Clean Energy and Security Act of 2009, and Fed9
eral agencies, and the European Union’s global tem10
perature data assessment; and
11 ‘‘(2) review trends and projections for—
12 ‘‘(A) global and country-specific annual
13 emissions of greenhouse gases, and cumulative
14 greenhouse gas emissions produced between
15 1850 and the present, including—
16 ‘‘(i) global cumulative emissions of an17
thropogenic greenhouse gases;
18 ‘‘(ii) global annual emissions of an19
thropogenic greenhouse gases; and
20 ‘‘(iii) by country, annual total, annual
21 per capita, and cumulative anthropogenic
22 emissions of greenhouse gases for the top
23 50 emitting nations;
24 ‘‘(B) significant changes, both globally and
25 by region, in annual net non-anthropogenic
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1 greenhouse gas emissions from natural sources,
2 including permafrost, forests, or oceans;
3 ‘‘(C) global atmospheric concentrations of
4 greenhouse gases, expressed in annual con5
centration units as well as carbon dioxide
6 equivalents based on 100-year global warming
7 potentials;
8 ‘‘(D) major climate forcing factors, such as
9 aerosols;
10 ‘‘(E) global average temperature, expressed
11 as seasonal and annual averages in land, ocean,
12 and land-plus-ocean averages; and
13 ‘‘(F) sea level rise;
14 ‘‘(3) assess the current and potential impacts of
15 global climate change on—
16 ‘‘(A) human populations, including impacts
17 on public health, economic livelihoods, subsist18
ence, human infrastructure, and displacement
19 or permanent relocation due to flooding, severe
20 weather, extended drought, erosion, or other
21 ecosystem changes;
22 ‘‘(B) freshwater systems, including water
23 resources for human consumption and agri24
culture and natural and managed ecosystems,
25 flood and drought risks, and relative humidity;
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1 ‘‘(C) the carbon cycle, including impacts
2 related to the thawing of permafrost, the fre3
quency and intensity of wildfire, and terrestrial
4 and ocean carbon sinks;
5 ‘‘(D) ecosystems and animal and plant
6 populations, including impacts on species abun7
dance, phenology, and distribution;
8 ‘‘(E) oceans and ocean ecosystems, includ9
ing effects on sea level, ocean acidity, ocean
10 temperatures, coral reefs, ocean circulation,
11 fisheries, and other indicators of ocean eco12
system health;
13 ‘‘(F) the cryosphere, including effects on
14 ice sheet mass balance, mountain glacier mass
15 balance, and sea-ice extent and volume;
16 ‘‘(G) changes in the intensity, frequency,
17 or distribution of severe weather events, includ18
ing precipitation, tropical cyclones, tornadoes,
19 and severe heat waves;
20 ‘‘(H) agriculture and forest systems; and
21 ‘‘(I) any other indicators the Administrator
22 deems appropriate;
23 ‘‘(4) summarize any significant socio-economic
24 impacts of climate change in the United States, in25
cluding the territories of the United States, drawing
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1 on work by Federal agencies and the academic lit2
erature, including impacts on—
3 ‘‘(A) public health;
4 ‘‘(B) economic livelihoods and subsistence;
5 ‘‘(C) displacement or permanent relocation
6 due to flooding, severe weather, extended
7 drought, erosion, or other ecosystem changes;
8 ‘‘(D) human infrastructure, including
9 coastal infrastructure vulnerability to extreme
10 events and sea level rise, river floodplain infra11
structure, and sewer and water management
12 systems;
13 ‘‘(E) agriculture and forests, including ef14
fects on potential growing season, distribution,
15 and yield;
16 ‘‘(F) water resources for human consump17
tion, agriculture and natural and managed eco18
systems, flood and drought risks, and relative
19 humidity;
20 ‘‘(G) energy supply and use; and
21 ‘‘(H) transportation;
22 ‘‘(5) in assessing risks and impacts, use a risk
23 management framework, including both qualitative
24 and quantitative measures, to assess the observed
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1 and projected impacts of current and future climate
2 change, accounting for—
3 ‘‘(A) both monetized and non-monetized
4 losses;
5 ‘‘(B) potential nonlinear, abrupt, or essen6
tially irreversible changes in the climate system;
7 ‘‘(C) potential nonlinear increases in the
8 cost of impacts;
9 ‘‘(D) potential low-probability, high impact
10 events; and
11 ‘‘(E) whether impacts are transitory or es12
sentially permanent; and
13 ‘‘(6) based on the findings of the Administrator
14 under this section, as well as assessments produced
15 by the Intergovernmental Panel on Climate Change,
16 the United States Global Change Research program,
17 and other relevant scientific entities—
18 ‘‘(A) describe increased risks to natural
19 systems and society that would result from an
20 increase in global average temperature 3.6 de21
grees Fahrenheit (2 degrees Celsius) above the
22 pre-industrial average or an increase in atmos23
pheric greenhouse gas concentrations above 450
24 parts per million carbon dioxide equivalent; and
25 ‘‘(B) identify and assess—
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1 ‘‘(i) significant residual risks not
2 avoided by the thresholds described in sub3
paragraph (A);
4 ‘‘(ii) alternative thresholds or targets
5 that may more effectively limit the risks
6 identified pursuant to clause (i); and
7 ‘‘(iii) thresholds above those described
8 in subparagraph (A) which significantly in9
crease the risk of certain impacts or render
10 them essentially permanent.
11 ‘‘(d) STATUS OF MONITORING AND VERIFICATION
12 CAPABILITIES TO EVALUATE GREENHOUSE GAS REDUC13
TION EFFORTS.—The analysis required under subsection
14 (a)(2) shall evaluate the capabilities of the monitoring, re15
porting, and verification systems used to quantify progress
16 in achieving reductions in greenhouse gas emissions both
17 globally and in the United States (as described in section
18 702), including—
19 ‘‘(1) quantification of emissions and emission
20 reductions by entities participating in the cap and
21 trade program under this title;
22 ‘‘(2) quantification of emissions and emission
23 reductions by entities participating in the offset pro24
gram under this title;
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H.L.C.
1 ‘‘(3) quantification of emission and emissions
2 reductions by entities regulated by performance
3 standards;
4 ‘‘(4) quantification of aggregate net emissions
5 and emissions reductions by the United States; and
6 ‘‘(5) quantification of global changes in net
7 emissions and in sources and sinks of greenhouse
8 gases.
9 ‘‘(e) STATUS OF GREENHOUSE GAS REDUCTION EF10
FORTS.—The analysis required under subsection (a)(3)
11 shall address—
12 ‘‘(1) whether the programs under Safe Climate
13 Act and other Federal statutes are resulting in suffi14
cient United States greenhouse gas emissions reduc15
tions to meet the emissions reduction goals described
16 in section 702, taking into account the use of off17
sets; and
18 ‘‘(2) whether United States actions, taking into
19 account international actions, commitments, and
20 trends, and considering the range of plausible emis21
sions scenarios, are sufficient to avoid—
22 ‘‘(A) atmospheric greenhouse gas con23
centrations above 450 parts per million carbon
24 dioxide equivalent;
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H.L.C.
1 ‘‘(B) global average surface temperature
2 3.6 degrees Fahrenheit (2 degrees Celsius)
3 above the pre-industrial average, or such other
4 temperature thresholds as the Administrator
5 deems appropriate; and
6 ‘‘(C) other temperature or greenhouse gas
7 thresholds identified pursuant to subsection
8 (c)(6)(B).
9 ‘‘(f) RECOMMENDATIONS.—
10 ‘‘(1) LATEST SCIENTIFIC INFORMATION.—
11 Based on the analysis described in subsection (a)(1),
12 each report under subsection (a) shall identify ac13
tions that could be taken to—
14 ‘‘(A) improve the characterization of
15 changes in the earth-climate system and im16
pacts of global climate change;
17 ‘‘(B) better inform decision making and
18 actions related to global climate change;
19 ‘‘(C) mitigate risks to natural and social
20 systems; and
21 ‘‘(D) design policies to better account for
22 climate risks.
23 ‘‘(2) MONITORING, REPORTING AND
24 VERIFICATION.—Based on the analysis described in
25 subsection (a)(2), each report under subsection (a)
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H.L.C.
1 shall identify key gaps in measurement, reporting,
2 and verification capabilities and make recommenda3
tions to improve the accuracy and reliability of those
4 capabilities.
5 ‘‘(3) STATUS OF GREENHOUSE GAS REDUCTION
6 EFFORTS.—Based on the analysis described in sub7
section (a)(3), taking into account international ac8
tions, commitments, and trends, and considering the
9 range of plausible emissions scenarios, each report
10 under subsection (a) shall identify—
11 ‘‘(A) the quantity of additional reductions
12 required to meet the emissions reduction goals
13 in section 702;
14 ‘‘(B) the quantity of additional reductions
15 in global greenhouse gas emissions needed to
16 avoid the concentration and temperature
17 thresholds identified in subsection (e); and
18 ‘‘(C) possible strategies and approaches for
19 achieving additional reductions.
20 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There
21 are authorized to be appropriated to carry out this section
22 such sums as may be necessary.
23 ‘‘SEC. 706. NATIONAL ACADEMY REVIEW.
24 ‘‘(a) IN GENERAL.—Not later than 1 year after the
25 date of enactment of this title, the Administrator shall
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H.L.C.
1 offer to enter into a contract with the National Academy
2 of Sciences (in this section referred to as the ‘Academy’)
3 under which the Academy shall, not later than July 1,
4 2014, and every 4 years thereafter, submit to Congress
5 and the Administrator a report that includes—
6 ‘‘(1) a review of the most recent report and rec7
ommendations issued under section 705; and
8 ‘‘(2) an analysis of technologies to achieve re9
ductions in greenhouse gas emissions.
10 ‘‘(b) FAILURE TO ISSUE A REPORT.—In the event
11 that the Administrator has not issued all or part of the
12 most recent report required under section 705, the Acad13
emy shall conduct its own review and analysis of the re14
quired information.
15 ‘‘(c) TECHNOLOGICAL INFORMATION.—The analysis
16 required under subsection (a)(2) shall—
17 ‘‘(1) review existing technological information
18 and reports, including the most recent reports by the
19 Department of Energy, the United States Global
20 Change Research Program, the Intergovernmental
21 Panel on Climate Change, and the International En22
ergy Agency and any other relevant information on
23 technologies or practices that reduce or limit green24
house gas emissions;
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H.L.C.
1 ‘‘(2) include the participation of technical ex2
perts from relevant private industry sectors;
3 ‘‘(3) review the current and future projected de4
ployment of technologies and practices in the United
5 States that reduce or limit greenhouse gas emis6
sions, including—
7 ‘‘(A) technologies for capture and seques8
tration of greenhouse gases;
9 ‘‘(B) technologies to improve energy effi10
ciency;
11 ‘‘(C) low- or zero-greenhouse gas emitting
12 energy technologies;
13 ‘‘(D) low- or zero-greenhouse gas emitting
14 fuels;
15 ‘‘(E) biological sequestration practices and
16 technologies; and
17 ‘‘(F) any other technologies the Academy
18 deems relevant; and
19 ‘‘(4) review and compare the emissions reduc20
tion potential, commercial viability, market penetra21
tion, investment trends, and deployment of the tech22
nologies described in paragraph (3), including—
23 ‘‘(A) the need for additional research and
24 development, including publicly funded research
25 and development;
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1 ‘‘(B) the extent of commercial deployment,
2 including, where appropriate, a comparison to
3 the cost and level of deployment of conventional
4 fossil fuel-fired energy technologies and devices;
5 and
6 ‘‘(C) an evaluation of any substantial tech7
nological, legal, or market-based barriers to
8 commercial deployment.
9 ‘‘(d) RECOMMENDATIONS.—
10 ‘‘(1) LATEST SCIENTIFIC INFORMATION.—
11 Based on the review described in subsection (a)(1),
12 the Academy shall identify actions that could be
13 taken to—
14 ‘‘(A) improve the characterization of
15 changes in the earth-climate system and im16
pacts of global climate change;
17 ‘‘(B) better inform decision making and
18 actions related to global climate change;
19 ‘‘(C) mitigate risks to natural and social
20 systems;
21 ‘‘(D) design policies to better account for
22 climate risks; and
23 ‘‘(E) improve the accuracy and reliability
24 of capabilities to monitor, report, and verify
25 greenhouse gas emissions reduction efforts.
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H.L.C.
1 ‘‘(2) TECHNOLOGICAL INFORMATION.—Based
2 on the analysis described in subsection (a)(2), the
3 Academy shall identify—
4 ‘‘(A) additional emissions reductions that
5 may be possible as a result of technologies de6
scribed in the analysis;
7 ‘‘(B) barriers to the deployment of such
8 technologies; and
9 ‘‘(C) actions that could be taken to speed
10 deployment of such technologies.
11 ‘‘(3) STATUS OF GREENHOUSE GAS REDUCTION
12 EFFORTS.—Based on the review described in sub13
section (a)(1), the Academy shall identify—
14 ‘‘(A) the quantity of additional reductions
15 required to meet the emissions reduction goals
16 described in section 702; and
17 ‘‘(B) the quantity of additional reductions
18 in global greenhouse gas emissions needed to
19 avoid the concentration and temperature
20 thresholds described in section 705(c)(6)(A) or
21 identified pursuant to section 705(c)(6)(B).
22 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There
23 are authorized to be appropriated to carry out this section
24 such sums as may be necessary.
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H.L.C.
1 ‘‘SEC. 707. PRESIDENTIAL RESPONSE AND RECOMMENDA2
TIONS.
3 ‘‘(a) AGENCY ACTIONS.—The President shall direct
4 relevant Federal agencies to use existing statutory author5
ity to take appropriate actions identified in the reports
6 submitted under sections 705 and 706, and to address any
7 shortfalls identified in such reports, not later than July
8 1, 2015, and every 4 years thereafter.
9 ‘‘(b) PLAN.—In the event that the Administrator or
10 the National Academy of Sciences has concluded, in the
11 most recent report submitted under section 705 or 706
12 respectively, that the United States will not achieve the
13 necessary domestic greenhouse gas emissions reductions,
14 or that global actions will not maintain safe global average
15 surface temperature and atmospheric greenhouse gas con16
centration thresholds, the President shall, not later than
17 July 1, 2015, and every 4 years thereafter, submit to Con18
gress a plan identifying domestic and international actions
19 that will achieve necessary additional greenhouse gas re20
ductions, including any recommendations for legislative
21 action.
22 ‘‘PART B—DESIGNATION AND REGISTRATION OF
23 GREENHOUSE GASES
24 ‘‘SEC. 711. DESIGNATION OF GREENHOUSE GASES.
25 ‘‘(a) GREENHOUSE GASES.—For purposes of this
26 title, the following are greenhouse gases:
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H.L.C.
1 ‘‘(1) Carbon dioxide.
2 ‘‘(2) Methane.
3 ‘‘(3) Nitrous oxide.
4 ‘‘(4) Sulfur hexafluoride.
5 ‘‘(5) Hydrofluorocarbons emitted from a chem6
ical manufacturing process at an industrial sta7
tionary source.
8 ‘‘(6) Any perfluorocarbon.
9 ‘‘(7) Nitrogen trifluoride.
10 ‘‘(8) Any other anthropogenic gas designated as
11 a greenhouse gas by the Administrator under this
12 section.
13 ‘‘(b) DETERMINATION ON ADMINISTRATOR’S INITIA14
TIVE.—The Administrator shall, by rule—
15 ‘‘(1) determine whether 1 metric ton of another
16 anthropogenic gas makes the same or greater con17
tribution to global warming over 100 years as 1 met18
ric ton of carbon dioxide;
19 ‘‘(2) determine the carbon dioxide equivalent
20 value for each gas with respect to which the Admin21
istrator makes an affirmative determination under
22 paragraph (1);
23 ‘‘(3) for each gas with respect to which the Ad24
ministrator makes an affirmative determination
25 under paragraph (1) and that is used as a substitute
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544
H.L.C.
1 for a class I or class II substance under title VI, de2
termine the extent to which to regulate that gas
3 under section 619 and specify appropriate compli4
ance obligations under section 619;
5 ‘‘(4) designate as a greenhouse gas for purposes
6 of this title each gas for which the Administrator
7 makes an affirmative determination under para8
graph (1), to the extent that it is not regulated
9 under section 619; and
10 ‘‘(5) specify the appropriate compliance obliga11
tions under this title for each gas designated as a
12 greenhouse gas under paragraph (4).
13 ‘‘(c) PETITIONS TO DESIGNATE A GREENHOUSE
14 GAS.—
15 ‘‘(1) IN GENERAL.—Any person may petition
16 the Administrator to designate as a greenhouse gas
17 any anthropogenic gas 1 metric ton of which makes
18 the same or greater contribution to global warming
19 over 100 years as 1 metric ton of carbon dioxide.
20 ‘‘(2) CONTENTS OF PETITION.—The petitioner
21 shall provide sufficient data, as specified by rule by
22 the Administrator, to demonstrate that the gas is
23 likely to be designated as a greenhouse gas and is
24 likely to be produced, imported, used, or emitted in
25 the United States. To the extent practicable, the pe-
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H.L.C.
1 titioner shall also identify producers, importers, dis2
tributors, users, and emitters of the gas in the
3 United States.
4 ‘‘(3) REVIEW AND ACTION BY THE ADMINIS5
TRATOR.—Not later than 90 days after receipt of a
6 petition under paragraph (2), the Administrator
7 shall determine whether the petition is complete and
8 notify the petitioner and the public of the decision.
9 ‘‘(4) ADDITIONAL INFORMATION.—The Admin10
istrator may require producers, importers, distribu11
tors, users, or emitters of the gas to provide infor12
mation on the contribution of the gas to global
13 warming over 100 years compared to carbon dioxide.
14 ‘‘(5) TREATMENT OF PETITION.—For any sub15
stance used as a substitute for a class I or class II
16 substance under title VI, the Administrator may
17 elect to treat a petition under this subsection as a
18 petition to list the substance as a class II, group II
19 substance under section 619, and may require the
20 petition to be amended to address listing criteria
21 promulgated under that section.
22 ‘‘(6) DETERMINATION.—Not later than 2 years
23 after receipt of a complete petition, the Adminis24
trator shall, after notice and an opportunity for com25
ment—
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1 ‘‘(A) issue and publish in the Federal Reg2
ister—
3 ‘‘(i) a determination that 1 metric ton
4 of the gas does not make a contribution to
5 global warming over 100 years that is
6 equal to or greater than that made by 1
7 metric ton of carbon dioxide; and
8 ‘‘(ii) an explanation of the decision; or
9 ‘‘(B) determine that 1 metric ton of the
10 gas makes a contribution to global warming
11 over 100 years that is equal to or greater than
12 that made by 1 metric ton of carbon dioxide,
13 and take the actions described in subsection (b)
14 with respect to such gas.
15 ‘‘(7) GROUNDS FOR DENIAL.—The Adminis16
trator may not deny a petition under this subsection
17 solely on the basis of inadequate Environmental Pro18
tection Agency resources or time for review.
19 ‘‘(d) SCIENCE ADVISORY BOARD CONSULTATION.—
20 ‘‘(1) CONSULTATION.—The Administrator
21 shall—
22 ‘‘(A) give notice to the Science Advisory
23 Board prior to making a determination under
24 subsection (b)(1), (c)(6), or (e)(2)(B);
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H.L.C.
1 ‘‘(B) consider the written recommendations
2 of the Science Advisory Board under paragraph
3 (2) regarding the determination; and
4 ‘‘(C) consult with the Science Advisory
5 Board regarding such determination, including
6 consultation subsequent to receipt of such writ7
ten recommendations.
8 ‘‘(2) FORMULATION OF RECOMMENDATIONS.—
9 Upon receipt of notice under paragraph (1)(A) re10
garding a pending determination under subsection
11 (b)(1), (c)(6), or (e)(2)(B), the Science Advisory
12 Board shall—
13 ‘‘(A) formulate recommendations regarding
14 such determination, subject to a peer review
15 process; and
16 ‘‘(B) submit such recommendations in
17 writing to the Administrator.
18 ‘‘(e) MANUFACTURING AND EMISSION NOTICES.—
19 ‘‘(1) NOTICE REQUIREMENT.—
20 ‘‘(A) IN GENERAL.—Effective 24 months
21 after the date of enactment of this title, no per22
son may manufacture or introduce into inter23
state commerce a fluorinated gas, or emit a sig24
nificant quantity, as determined by the Admin25
istrator, of any fluorinated gas that is gen-
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H.L.C.
1 erated as a byproduct during the production or
2 use of another fluorinated gas, unless—
3 ‘‘(i) the gas is designated as a green4
house gas under this section or is an
5 ozone-depleting substance listed as a class
6 I or class II substance under title VI;
7 ‘‘(ii) the Administrator has deter8
mined that 1 metric ton of such gas does
9 not make a contribution to global warming
10 over 100 years that is equal to or greater
11 than that made by 1 metric ton of carbon
12 dioxide; or
13 ‘‘(iii) the person manufacturing or im14
porting the gas for distribution into inter15
state commerce, or emitting the gas, has
16 submitted to the Administrator, at least 90
17 days before the start of such manufacture,
18 introduction into commerce, or emission, a
19 notice of such person’s manufacture, intro20
duction into commerce, or emission of such
21 gas, and the Administrator has not deter22
mined that that notice or a substantially
23 similar notice submitted by that person is
24 incomplete.
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H.L.C.
1 ‘‘(B) ALTERNATIVE COMPLIANCE.—For a
2 gas that is a substitute for a class I or class II
3 substance under title VI and either has been
4 listed as acceptable for use under section 612
5 or is currently subject to evaluation under sec6
tion 612, the Administrator may accept the no7
tice and information provided pursuant to that
8 section as fulfilling the obligation under clause
9 (iii) of subparagraph (A).
10 ‘‘(2) REVIEW AND ACTION BY THE ADMINIS11
TRATOR.—
12 ‘‘(A) COMPLETENESS.—Not later than 90
13 days after receipt of notice under paragraph
14 (1)(A)(iii) or (B), the Administrator shall deter15
mine whether the notice is complete.
16 ‘‘(B) DETERMINATION.— If the Adminis17
trator determines that the notice is complete,
18 the Administrator shall, after notice and an op19
portunity for comment, not later than 12
20 months after receipt of the notice—
21 ‘‘(i) issue and publish in the Federal
22 Register—
23 ‘‘(I) a determination that 1 met24
ric ton of the gas does not make a
25 contribution to global warming over
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H.L.C.
1 100 years that is equal to or greater
2 than that made by 1 metric ton of
3 carbon dioxide; and
4 ‘‘(II) an explanation of the deci5
sion; or
6 ‘‘(ii) determine that 1 metric ton of
7 the gas makes a contribution to global
8 warming over 100 years that is equal to or
9 greater than that made by 1 metric ton of
10 carbon dioxide, and take the actions de11
scribed in subsection (b) with respect to
12 such gas.
13 ‘‘(f) REGULATIONS.—Not later than one year after
14 the date of enactment of this title, the Administrator shall
15 promulgate regulations to carry out this section. Such reg16
ulations shall include—
17 ‘‘(1) requirements for the contents of a petition
18 submitted under subsection (c);
19 ‘‘(2) requirements for the contents of a notice
20 required under subsection (e); and
21 ‘‘(3) methods and standards for evaluating the
22 carbon dioxide equivalent value of a gas.
23 ‘‘(g) GASES REGULATED UNDER TITLE VI.—The
24 Administrator shall not designate a gas as a greenhouse
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1 gas under this section to the extent that the gas is regu2
lated under title VI.
3 ‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall
4 be interpreted to relieve any person from complying with
5 the requirements of section 612.
6 ‘‘SEC. 712. CARBON DIOXIDE EQUIVALENT VALUE OF
7 GREENHOUSE GASES.
8 ‘‘(a) MEASURE OF QUANTITY OF GREENHOUSE
9 GASES.—Any provision of this title or title VIII that refers
10 to a quantity or percentage of a quantity of greenhouse
11 gases shall mean the quantity or percentage of the green12
house gases expressed in carbon dioxide equivalents.
13 ‘‘(b) INITIAL VALUE.—Except as provided by the Ad14
ministrator under this section or section 711—
15 ‘‘(1) the carbon dioxide equivalent value of
16 greenhouse gases for purposes of this Act shall be as
17 follows:
‘‘CARBON DIOXIDE EQUIVALENT OF 1 TON OF LISTED
GREENHOUSE GASES
Greenhouse gas (1 metric ton) Carbon dioxide equivalent
(metric tons)
Carbon dioxide 1
Methane 25
Nitrous oxide 298
HFC-23 14,800
HFC-125 3,500
HFC-134a 1,430
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‘‘CARBON DIOXIDE EQUIVALENT OF 1 TON OF LISTED
GREENHOUSE GASES—Continued
Greenhouse gas (1 metric ton) Carbon dioxide equivalent
(metric tons)
HFC-143a 4,470
HFC-152a 124
HFC-227ea 3,220
HFC-236fa 9,810
HFC-4310mee 1,640
CF4 7,390
C2F6 12,200
C4F10 8,860
C6F14 9,300
SF6 22,800
NF3 17,200
1 ; and
2 ‘‘(2) the carbon dioxide equivalent value for
3 purposes of this Act for any greenhouse gas not list4
ed in the table under paragraph (1) shall be the
5 100-year Global Warming Potentials provided in the
6 Intergovernmental Panel on Climate Change Fourth
7 Assessment Report.
8 ‘‘(c) PERIODIC REVIEW.—
9 ‘‘(1) Not later than February 1, 2017, and (ex10
cept as provided in paragraph (3)) not less than
11 every 5 years thereafter, the Administrator shall—
12 ‘‘(A) review and, if appropriate, revise the
13 carbon dioxide equivalent values established
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1 under this section or section 711(b)(2), based
2 on a determination of the number of metric
3 tons of carbon dioxide that makes the same
4 contribution to global warming over 100 years
5 as 1 metric ton of each greenhouse gas; and
6 ‘‘(B) publish in the Federal Register the
7 results of that review and any revisions.
8 ‘‘(2) A revised determination published in the
9 Federal Register under paragraph (1)(B) shall take
10 effect for greenhouse gas emissions starting on Jan11
uary 1 of the first calendar year starting at least 9
12 months after the date on which the revised deter13
mination was published.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
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===================================================
TITLE III - Reducing Global Warming Pollution
===================================================
Subtitle A: Reducing Global Warming Pollution (Part 2 of 6)
===================================================

14 ‘‘(3) The Administrator may decrease the fre15
quency of review and revision under paragraph (1)
16 if the Administrator determines that such decrease
17 is appropriate in order to synchronize such review
18 and revision with any similar review process carried
19 out pursuant to the United Nations Framework
20 Convention on Climate Change, done at New York
21 on May 9, 1992, or to an agreement negotiated
22 under that convention, except that in no event shall
23 the Administrator carry out such review and revision
24 any less frequently than every 10 years.
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1 ‘‘(d) METHODOLOGY.—In setting carbon dioxide
2 equivalent values, for purposes of this section or section
3 711, the Administrator shall take into account publica4
tions by the Intergovernmental Panel on Climate Change
5 or a successor organization under the auspices of the
6 United Nations Environmental Programme and the World
7 Meteorological Organization.
8 ‘‘SEC. 713. GREENHOUSE GAS REGISTRY.
9 ‘‘(a) DEFINITIONS.—For purposes of this section:
10 ‘‘(1) CLIMATE REGISTRY.—The term ‘Climate
11 Registry’ means the greenhouse gas emissions reg12
istry jointly established and managed by more than
13 40 States and Indian tribes in 2007 to collect high14
quality greenhouse gas emission data from facilities,
15 corporations, and other organizations to support var16
ious greenhouse gas emission reporting and reduc17
tion policies for the member States and Indian
18 tribes.
19 ‘‘(2) REPORTING ENTITY.—The term ‘reporting
20 entity’ means—
21 ‘‘(A) a covered entity;
22 ‘‘(B) an entity that—
23 ‘‘(i) would be a covered entity if it had
24 emitted, produced, imported, manufac25
tured, or delivered in 2008 or any subse-
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1 quent year more than the applicable
2 threshold level in the definition of covered
3 entity in paragraph (13) of section 700;
4 and
5 ‘‘(ii) has emitted, produced, imported,
6 manufactured, or delivered in 2008 or any
7 subsequent year more than the applicable
8 threshold level in the definition of covered
9 entity in paragraph (13) of section 700,
10 provided that the figure of 25,000 tons of
11 carbon dioxide equivalent is read instead
12 as 10,000 tons of carbon dioxide equivalent
13 and the figure of 460,000,000 cubic feet is
14 read instead as 184,000,000 cubic feet;
15 ‘‘(C) any other entity that emits a green16
house gas, or produces, imports, manufactures,
17 or delivers material whose use results or may
18 result in greenhouse gas emissions if the Ad19
ministrator determines that reporting under
20 this section by such entity will help achieve the
21 purposes of this title or title VIII;
22 ‘‘(D) any vehicle fleet with emissions of
23 more than 25,000 tons of carbon dioxide equiv24
alent on an annual basis, if the Administrator
25 determines that the inclusion of such fleet will
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1 help achieve the purposes of this title or title
2 VIII; or
3 ‘‘(E) any entity that delivers electricity to
4 a facility in an energy-intensive industrial sec5
tor that meets the energy or greenhouse gas in6
tensity criteria in section 764(b)(2)(A)(i).
7 ‘‘(b) REGULATIONS.—
8 ‘‘(1) IN GENERAL.—Not later than 6 months
9 after the date of enactment of this title, the Admin10
istrator shall issue regulations establishing a Federal
11 greenhouse gas registry. Such regulations shall—
12 ‘‘(A) require reporting entities to submit to
13 the Administrator data on—
14 ‘‘(i) greenhouse gas emissions in the
15 United States;
16 ‘‘(ii) the production and manufacture
17 in the United States, importation into the
18 United States, and, at the discretion of the
19 Administrator, exportation from the
20 United States, of fuels and industrial gases
21 the uses of which result or may result in
22 greenhouse gas emissions;
23 ‘‘(iii) deliveries in the United States of
24 natural gas, and any other gas meeting the
25 specifications for commingling with natural
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1 gas for purposes of delivery, the combus2
tion of which result or may result in green3
house gas emissions; and
4 ‘‘(iv) the capture and sequestration of
5 greenhouse gases;
6 ‘‘(B) require covered entities and, where
7 appropriate, other reporting entities to submit
8 to the Administrator data sufficient to ensure
9 compliance with or implementation of the re10
quirements of this title;
11 ‘‘(C) require reporting of electricity deliv12
ered to facilities in an energy-intensive indus13
trial sector that meets the energy or greenhouse
14 gas intensity criteria in section 764(b)(2)(A)(i);
15 ‘‘(D) ensure the completeness, consistency,
16 transparency, accuracy, precision, and reliability
17 of such data;
18 ‘‘(E) take into account the best practices
19 from the most recent Federal, State, tribal, and
20 international protocols for the measurement, ac21
counting, reporting, and verification of green22
house gas emissions, including protocols from
23 the Climate Registry and other mandatory
24 State or multistate authorized programs;
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1 ‘‘(F) take into account the latest scientific
2 research;
3 ‘‘(G) require that, for covered entities with
4 respect to greenhouse gases to which section
5 722 applies, and, to the extent determined to be
6 appropriate by the Administrator, for covered
7 entities with respect to other greenhouse gases
8 and for other reporting entities, submitted data
9 are based on—
10 ‘‘(i) continuous monitoring systems
11 for fuel flow or emissions, such as contin12
uous emission monitoring systems;
13 ‘‘(ii) alternative systems that are dem14
onstrated as providing data with the same
15 precision, reliability, accessibility, and
16 timeliness, or, to the extent the Adminis17
trator determines is appropriate for report18
ing small amounts of emissions, the same
19 precision, reliability, and accessibility and
20 similar timeliness, as data provided by con21
tinuous monitoring systems for fuel flow or
22 emissions; or
23 ‘‘(iii) alternative methodologies that
24 are demonstrated to provide data with pre25
cision, reliability, accessibility, and timeli-
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1 ness, or, to the extent the Administrator
2 determines is appropriate for reporting
3 small amounts of emissions, precision, reli4
ability, and accessibility, as similar as is
5 technically feasible to that of data gen6
erally provided by continuous monitoring
7 systems for fuel flow or emissions, if the
8 Administrator determines that, with re9
spect to a reporting entity, there is no con10
tinuous monitoring system or alternative
11 system described in clause (i) or (ii) that
12 is technically feasible;
13 ‘‘(H) require that the Administrator, in de14
termining the extent to which the requirement
15 to use systems or methodologies in accordance
16 with subparagraph (G) is appropriate for re17
porting entities other than covered entities or
18 for greenhouse gases to which section 722 does
19 not apply, consider the cost of using such sys20
tems and methodologies, and of using other sys21
tems and methodologies that are available and
22 suitable, for quantifying the emissions involved
23 in light of the purposes of this title, including
24 the goal of collecting consistent entity-wide
25 data;
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1 ‘‘(I) include methods for minimizing double
2 reporting and avoiding irreconcilable double re3
porting of greenhouse gas emissions;
4 ‘‘(J) establish measurement protocols for
5 carbon capture and sequestration systems, tak6
ing into consideration the regulations promul7
gated under section 813;
8 ‘‘(K) require that reporting entities provide
9 the data required under this paragraph in re10
ports submitted electronically to the Adminis11
trator, in such form and containing such infor12
mation as may be required by the Adminis13
trator;
14 ‘‘(L) include requirements for keeping
15 records supporting or related to, and protocols
16 for auditing, submitted data;
17 ‘‘(M) establish consistent policies for calcu18
lating carbon content and greenhouse gas emis19
sions for each type of fossil fuel with respect to
20 which reporting is required;
21 ‘‘(N) subsequent to implementation of poli22
cies developed under subparagraph (M), provide
23 for immediate dissemination, to States, Indian
24 tribes, and on the Internet, of all data reported
25 under this section as soon as practicable after
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1 electronic audit by the Administrator and any
2 resulting correction of data, except that data
3 shall not be disseminated under this subpara4
graph if—
5 ‘‘(i) its nondissemination is vital to
6 the national security of the United States,
7 as determined by the President; or
8 ‘‘(ii) it is confidential business infor9
mation that cannot be derived from infor10
mation that is otherwise publicly available
11 and that would cause significant calculable
12 competitive harm if published, except
13 that—
14 ‘‘(I) data relating to greenhouse
15 gas emissions, including any upstream
16 or verification data from reporting en17
tities, shall not be considered to be
18 confidential business information; and
19 ‘‘(II) data that is confidential
20 business information shall be provided
21 to a State or Indian tribe within
22 whose jurisdiction the reporting entity
23 is located, if the Administrator deter24
mines that such State or Indian tribe
25 has in effect protections for confiden-
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1 tial business information that are at
2 least as protective as protections ap3
plicable to the Federal Government;
4 ‘‘(O) prescribe methods by which the Ad5
ministrator shall, in cases in which satisfactory
6 data are not submitted to the Administrator for
7 any period of time, estimate emission, produc8
tion, importation, manufacture, or delivery lev9
els—
10 ‘‘(i) for covered entities with respect
11 to greenhouse gas emissions, production,
12 importation, manufacture, or delivery regu13
lated under this title to ensure that emis14
sions, production, importation, manufac15
ture, or deliveries are not underreported,
16 and to create a strong incentive for meet17
ing data monitoring and reporting require18
ments—
19 ‘‘(I) with a conservative estimate
20 of the highest emission, production,
21 importation, manufacture, or delivery
22 levels that may have occurred during
23 the period for which data are missing;
24 or
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1 ‘‘(II) to the extent the Adminis2
trator considers appropriate, with an
3 estimate of such levels assuming the
4 unit is emitting, producing, importing,
5 manufacturing, or delivering at a
6 maximum potential level during the
7 period, in order to ensure that such
8 levels are not underreported and to
9 create a strong incentive for meeting
10 data monitoring and reporting re11
quirements; and
12 ‘‘(ii) for covered entities with respect
13 to greenhouse gas emissions to which sec14
tion 722 does not apply and for other re15
porting entities, with a reasonable estimate
16 of the emission, production, importation,
17 manufacture, or delivery levels that may
18 have occurred during the period for which
19 data are missing;
20 ‘‘(P) require the designation of a des21
ignated representative for each reporting entity;
22 ‘‘(Q) require an appropriate certification,
23 by the designated representative for the report24
ing entity, of accurate and complete accounting
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1 of greenhouse gas emissions, as determined by
2 the Administrator; and
3 ‘‘(R) include requirements for other data
4 necessary for accurate and complete accounting
5 of greenhouse gas emissions, as determined by
6 the Administrator, including data for quality
7 assurance of monitoring systems, monitors and
8 other measurement devices, and other data
9 needed to verify reported emissions, production,
10 importation, manufacture, or delivery.
11 ‘‘(2) TIMING.—
12 ‘‘(A) CALENDAR YEARS 2007 THROUGH
13 2010.—For a base period of calendar years
14 2007 through 2010, each reporting entity shall
15 submit annual data required under this section
16 to the Administrator not later than March 31,
17 2011. The Administrator may waive or modify
18 reporting requirements for calendar years 2007
19 through 2010 for categories of reporting enti20
ties to the extent that the Administrator deter21
mines that the reporting entities did not keep
22 data or records necessary to meet reporting re23
quirements. The Administrator may, in addition
24 to or in lieu of such requirements, collect infor25
mation on energy consumption and production.
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1 ‘‘(B) SUBSEQUENT CALENDAR YEARS.—
2 For calendar year 2011 and each subsequent
3 calendar year, each reporting entity shall sub4
mit quarterly data required under this section
5 to the Administrator not later than 60 days
6 after the end of the applicable quarter, except
7 when the data is already being reported to the
8 Administrator on an earlier timeframe for an9
other program.
10 ‘‘(3) WAIVER OF REPORTING REQUIREMENTS.—
11 The Administrator may waive reporting require12
ments under this section for specific entities to the
13 extent that the Administrator determines that suffi14
cient and equally or more reliable verified and timely
15 data are available to the Administrator and the pub16
lic on the Internet under other mandatory statutory
17 requirements.
18 ‘‘(4) ALTERNATIVE THRESHOLD.—The Admin19
istrator may, by rule, establish applicability thresh20
olds for reporting under this section using alter21
native metrics and levels, provided that such metrics
22 and levels are easier to administer and cover the
23 same size and type of sources as the threshold de24
fined in this section.
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1 ‘‘(c) INTERRELATIONSHIP WITH OTHER SYSTEMS.—
2 In developing the regulations issued under subsection (b),
3 the Administrator shall take into account the work done
4 by the Climate Registry and other mandatory State or
5 multistate programs. Such regulations shall include an ex6
planation of any major differences in approach between
7 the system established under the regulations and such reg8
istries and programs.
9 ‘‘PART C—PROGRAM RULES
10 ‘‘SEC. 721. EMISSION ALLOWANCES.
11 ‘‘(a) IN GENERAL.—The Administrator shall estab12
lish a separate quantity of emission allowances for each
13 calendar year starting in 2012, in the amounts prescribed
14 under subsection (e).
15 ‘‘(b) IDENTIFICATION NUMBERS.—The Adminis16
trator shall assign to each emission allowance established
17 under subsection (a) a unique identification number that
18 includes the vintage year for that emission allowance.
19 ‘‘(c) LEGAL STATUS OF EMISSION ALLOWANCES.—
20 ‘‘(1) IN GENERAL.—An allowance established
21 by the Administrator under this title does not con22
stitute a property right, nor does any credit or other
23 instrument established or issued under the American
24 Clean Energy and Security Act of 2009, and the
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1 amendments made thereby, for the purpose of dem2
onstrating compliance with this title.
3 ‘‘(2) TERMINATION OR LIMITATION.—Nothing
4 in this Act or any other provision of law shall be
5 construed to limit or alter the authority of the
6 United States, including the Administrator acting
7 pursuant to statutory authority, to terminate or
8 limit allowances or offset credits.
9 ‘‘(3) OTHER PROVISIONS UNAFFECTED.—Ex10
cept as otherwise specified in this Act, nothing in
11 this Act relating to allowances or offset credits es12
tablished or issued under this title shall affect the
13 application of any other provision of law to a covered
14 entity, or the responsibility for a covered entity to
15 comply with any such provision of law.
16 ‘‘(d) SAVINGS PROVISION.—Nothing in this part shall
17 be construed as requiring a change of any kind in any
18 State law regulating electric utility rates and charges, or
19 as affecting any State law regarding such State regula20
tion, or as limiting State regulation (including any
21 prudency review) under such a State law. Nothing in this
22 part shall be construed as modifying the Federal Power
23 Act or as affecting the authority of the Federal Energy
24 Regulatory Commission under that Act. Nothing in this
25 part shall be construed to interfere with or impair any pro-
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1 gram for competitive bidding for power supply in a State
2 in which such program is established.
3 ‘‘(e) ALLOWANCES FOR EACH CALENDAR YEAR.—
4 ‘‘(1) IN GENERAL.—Except as provided in para5
graph (2), the number of emission allowances estab6
lished by the Administrator under subsection (a) for
7 each calendar year shall be as provided in the fol8
lowing table:
‘‘Calendar year Emission allowances (in millions)
2012 4,627
2013 4,544
2014 5,099
2015 5,003
2016 5,482
2017 5,375
2018 5,269
2019 5,162
2020 5,056
2021 4,903
2022 4,751
2023 4,599
2024 4,446
2025 4,294
2026 4,142
2027 3,990
2028 3,837
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‘‘Calendar year Emission allowances (in millions)
2029 3,685
2030 3,533
2031 3,408
2032 3,283
2033 3,158
2034 3,033
2035 2,908
2036 2,784
2037 2,659
2038 2,534
2039 2,409
2040 2,284
2041 2,159
2042 2,034
2043 1,910
2044 1,785
2045 1,660
2046 1,535
2047 1,410
2048 1,285
2049 1,160
2050 and each year thereafter 1,035
1 ‘‘(2) REVISION.—
2 ‘‘(A) IN GENERAL.—The Administrator
3 may adjust, in accordance with subparagraph
4 (B), the number of emission allowances estab-
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1 lished pursuant to paragraph (1) if, after notice
2 and an opportunity for public comment, the Ad3
ministrator determines that—
4 ‘‘(i) United States greenhouse gas
5 emissions in 2005 were other than 7,206
6 million metric tons carbon dioxide equiva7
lent;
8 ‘‘(ii) if the requirements of this title
9 for 2012 had been in effect in 2005, sec10
tion 722 would have required emission al11
lowances to be held for other than 66.2
12 percent of United States greenhouse gas
13 emissions in 2005;
14 ‘‘(iii) if the requirements of this title
15 for 2014 had been in effect in 2005, sec16
tion 722 would have required emission al17
lowances to be held for other than 75.7
18 percent of United States greenhouse gas
19 emissions in 2005; or
20 ‘‘(iv) if the requirements of this title
21 for 2016 had been in effect in 2005, sec22
tion 722 would have required emission al23
lowances to be held for other than 84.5
24 percent United States greenhouse gas
25 emissions in 2005.
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1 ‘‘(B) ADJUSTMENT FORMULA.—
2 ‘‘(i) IN GENERAL.—If the Adminis3
trator adjusts under this paragraph the
4 number of emission allowances established
5 pursuant to paragraph (1), the number of
6 emission allowances the Administrator es7
tablishes for any given calendar year shall
8 equal the product of—
9 ‘‘(I) United States greenhouse
10 gas emissions in 2005, expressed in
11 tons of carbon dioxide equivalent;
12 ‘‘(II) the percent of United
13 States greenhouse gas emissions in
14 2005, expressed in tons of carbon di15
oxide equivalent, that would have been
16 subject to section 722 if the require17
ments of this title for the given cal18
endar year had been in effect in 2005;
19 and
20 ‘‘(III) the percentage set forth
21 for that calendar year in section
22 703(a), or determined under clause
23 (ii) of this subparagraph.
24 ‘‘(ii) TARGETS.—In applying the por25
tion of the formula in clause (i)(III) of this
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1 subparagraph, for calendar years for which
2 a percentage is not listed in section 703(a),
3 the Administrator shall use a uniform an4
nual decline in the amount of emissions be5
tween the years that are specified.
6 ‘‘(iii) CARBON DIOXIDE EQUIVALENT
7 VALUE.—If the Administrator adjusts
8 under this paragraph the number of emis9
sion allowances established pursuant to
10 paragraph (1), the Administrator shall use
11 the carbon dioxide equivalent values estab12
lished pursuant to section 712.
13 ‘‘(iv) LIMITATION ON ADJUSTMENT
14 TIMING.—Once a calendar year has start15
ed, the Administrator may not adjust the
16 number of emission allowances to be estab17
lished for that calendar year.
18 ‘‘(C) LIMITATION ON ADJUSTMENT AU19
THORITY.—The Administrator may adjust
20 under this paragraph the number of emission
21 allowances to be established pursuant to para22
graph (1) only once.
23 ‘‘(f) COMPENSATORY ALLOWANCE.—
24 ‘‘(1) IN GENERAL.—The regulations promul25
gated under subsection (h) shall provide for the es-
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1 tablishment and distribution of compensatory allow2
ances for—
3 ‘‘(A) the destruction, in 2012 or later, of
4 fluorinated gases that are greenhouse gases if—
5 ‘‘(i) allowances or offset credits were
6 retired for their production or importation;
7 and
8 ‘‘(ii) such gases are not required to be
9 destroyed under any other provision of law;
10 ‘‘(B) the nonemissive use, in 2012 or later,
11 of petroleum-based or coal-based liquid or gas12
eous fuel, petroleum coke, natural gas liquid, or
13 natural gas as a feedstock, if allowances or off14
set credits were retired for the greenhouse
15 gases that would have been emitted from their
16 combustion; and
17 ‘‘(C) the conversionary use, in 2012 or
18 later, of fluorinated gases in a manufacturing
19 process, including semiconductor research or
20 manufacturing, if allowances or offset credits
21 were retired for the production or importation
22 of such gas.
23 ‘‘(2) ESTABLISHMENT AND DISTRIBUTION.—
24 ‘‘(A) IN GENERAL.—Not later than 90
25 days after the end of each calendar year, the
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1 Administrator shall establish and distribute to
2 the entity taking the actions described in sub3
paragraph (A), (B), or (C) of paragraph (1) a
4 quantity of compensatory allowances equivalent
5 to the number of tons of carbon dioxide equiva6
lent of avoided emissions achieved through such
7 actions. In establishing the quantity of compen8
satory allowances, the Administrator shall take
9 into account the carbon dioxide equivalent value
10 of any greenhouse gas resulting from such ac11
tion.
12 ‘‘(B) SOURCE OF ALLOWANCES.—Compen13
satory allowances established under this sub14
section shall not be emission allowances estab15
lished under subsection (a).
16 ‘‘(C) IDENTIFICATION NUMBERS.—The
17 Administrator shall assign to each compen18
satory allowance established under subpara19
graph (A) a unique identification number.
20 ‘‘(3) DEFINITIONS.—For purposes of this sub21
section—
22 ‘‘(A) the term ‘destruction’ means the con23
version of a greenhouse gas by thermal, chem24
ical, or other means to another gas or set of
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H.L.C.
1 gases with little or no carbon dioxide equivalent
2 value;
3 ‘‘(B) the term ‘nonemissive use’ means the
4 use of fossil fuel as a feedstock in an industrial
5 or manufacturing process to the extent that
6 greenhouse gases are not emitted from such
7 process, and to the extent that the products of
8 such process are not intended for use as, or to
9 be contained in, a fuel; and
10 ‘‘(C) the term ‘conversionary use’ means
11 the conversion during research or manufac12
turing of a fluorinated gas into another green13
house gas or set of gases with a lower carbon
14 dioxide equivalent value.
15 ‘‘(4) FEEDSTOCK EMISSIONS STUDY.—
16 ‘‘(A) The Administrator may conduct a
17 study to determine the extent to which petro18
leum-based or coal-based liquid or gaseous fuel,
19 petroleum coke, natural gas liquid, or natural
20 gas are used as feedstocks in manufacturing
21 processes to produce products and the green22
house gas emissions resulting from such uses.
23 ‘‘(B) If as a result of such a study, the Ad24
ministrator determines that the use of such
25 products by noncovered sources results in sub-
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H.L.C.
1 stantial emissions of greenhouse gases and that
2 such emissions have not been adequately ad3
dressed under other requirements of this Act,
4 the Administrator may, after notice and com5
ment rulemaking, promulgate a regulation re6
ducing compensatory allowances commen7
surately if doing so will not result in shifting
8 such emissions to noncovered sources.
9 ‘‘(g) FLUORINATED GASES ASSESSMENT.—No later
10 than March 31, 2014, the Administrator shall complete
11 an assessment of the regulation of non-HFC fluorinated
12 gases under this title to determine whether the most ap13
propriate point of regulation is at the gas manufacturer
14 or importer level, or at the source of emissions down15
stream. If the Administrator determines, based on consid16
eration of environmental effectiveness, cost effectiveness,
17 administrative feasibility, extent of coverage of emissions,
18 competitiveness and other relevant considerations con19
sistent with the purposes of this title, that emissions of
20 non-HFC fluorinated gases can best be regulated by desig21
nating downstream emission sources as covered entities
22 with compliance obligations under section 722, the Admin23
istrator shall, after notice and comment rulemaking,
24 change the definition of covered entity and the compliance
25 obligations under section 722 with respect to non-HFC
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577
H.L.C.
1 fluorinated gases accordingly, consistent with the purposes
2 of this title, and establish such other requirements as are
3 necessary to ensure compliance for such entities with the
4 requirements of this title.
5 ‘‘(h) REGULATIONS.—Not later than 24 months after
6 the date of enactment of this title, the Administrator shall
7 promulgate regulations to carry out the provisions of this
8 title.
9 ‘‘SEC. 722. PROHIBITION OF EXCESS EMISSIONS.
10 ‘‘(a) PROHIBITION.—Except as provided in sub11
section (c), effective January 1, 2012, each covered entity
12 is prohibited from emitting greenhouse gases and having
13 attributable greenhouse gas emissions, in combination, in
14 excess of its allowable emissions level. A covered entity’s
15 allowable emissions level for each calendar year is the
16 number of emission allowances (or credits or other allow17
ances as provided in subsection (d)) it holds as of 12:01
18 a.m. on April 1 (or a later date established by the Admin19
istrator under subsection (j)) of the following calendar
20 year.
21 ‘‘(b) METHODS OF DEMONSTRATING COMPLIANCE.—
22 Except as otherwise provided in this section, the owner
23 or operator of a covered entity shall not be considered to
24 be in compliance with the prohibition in subsection (a) un25
less, as of 12:01 a.m. on April 1 (or a later date estab-
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578
H.L.C.
1 lished by the Administrator under subsection (j)) of each
2 calendar year starting in 2013, the owner or operator
3 holds a quantity of emission allowances (or credits or other
4 allowances as provided in subsection (d)) at least as great
5 as the quantity calculated as follows:
6 ‘‘(1) ELECTRICITY SOURCES.—For a covered
7 entity described in section 700(13)(A), 1 emission
8 allowance for each ton of carbon dioxide equivalent
9 of greenhouse gas that such covered entity emitted
10 in the previous calendar year, excluding emissions
11 resulting from the combustion of—
12 ‘‘(A) petroleum-based or coal-based liquid
13 fuel;
14 ‘‘(B) natural gas liquid;
15 ‘‘(C) renewable biomass or gas derived
16 from renewable biomass; or
17 ‘‘(D) petroleum coke or gas derived from
18 petroleum coke.
19 ‘‘(2) FUEL PRODUCERS AND IMPORTERS.—For
20 a covered entity described in section 700(13)(B), 1
21 emission allowance for each ton of carbon dioxide
22 equivalent of greenhouse gas that would be emitted
23 from the combustion of any petroleum-based or coal24
based liquid fuel, petroleum coke, or natural gas liq25
uid, produced or imported by such covered entity
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579
H.L.C.
1 during the previous calendar year for sale or dis2
tribution in interstate commerce, assuming no cap3
ture and sequestration of any greenhouse gas emis4
sions.
5 ‘‘(3) INDUSTRIAL GAS PRODUCERS AND IM6
PORTERS.—For a covered entity described in section
7 700(13)(C), 1 emission allowance for each ton of
8 carbon dioxide equivalent of fossil fuel-based carbon
9 dioxide, nitrous oxide, or any other fluorinated gas
10 that is a greenhouse gas (except for nitrogen
11 trifluoride), or any combination thereof, produced or
12 imported by such covered entity during the previous
13 calendar year for sale or distribution in interstate
14 commerce.
15 ‘‘(4) NITROGEN TRIFLUORIDE SOURCES.—For
16 a covered entity described in section 700(13)(D), 1
17 emission allowance for each ton of carbon dioxide
18 equivalent of nitrogen trifluoride that such covered
19 entity emitted in the previous calendar year.
20 ‘‘(5) GEOLOGICAL SEQUESTRATION SITES.—For
21 a covered entity described in section 700(13)(E), 1
22 emission allowance for each ton of carbon dioxide
23 equivalent of greenhouse gas that such covered enti24
ty emitted in the previous calendar year.
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580
H.L.C.
1 ‘‘(6) INDUSTRIAL STATIONARY SOURCES.—For
2 a covered entity described in section 700(13)(F),
3 (G), or (H), 1 emission allowance for each ton of
4 carbon dioxide equivalent of greenhouse gas that
5 such covered entity emitted in the previous calendar
6 year, excluding emissions resulting from—
7 ‘‘(A) the combustion of petroleum-based or
8 coal-based liquid fuel;
9 ‘‘(B) the combustion of natural gas liquid;
10 ‘‘(C) the combustion of renewable biomass
11 or gas derived from renewable biomass;
12 ‘‘(D) the combustion of petroleum coke or
13 gas derived from petroleum coke; or
14 ‘‘(E) the use of any fluorinated gas that is
15 a greenhouse gas purchased for use at that cov16
ered entity, except for nitrogen trifluoride.
17 ‘‘(7) INDUSTRIAL FOSSIL FUEL-FIRED COMBUS18
TION DEVICES.—For a covered entity described in
19 section 700(13)(I), 1 emission allowance for each
20 ton of carbon dioxide equivalent of greenhouse gas
21 that the devices emitted in the previous calendar
22 year, excluding emissions resulting from the combus23
tion of—
24 ‘‘(A) petroleum-based or coal-based liquid
25 fuel;
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581
H.L.C.
1 ‘‘(B) natural gas liquid;
2 ‘‘(C) renewable biomass or gas derived
3 from renewable biomass; or
4 ‘‘(D) petroleum coke or gas derived from
5 petroleum coke.
6 ‘‘(8) NATURAL GAS LOCAL DISTRIBUTION COM7
PANIES.—For a covered entity described in section
8 700(13)(J), 1 emission allowance for each ton of
9 carbon dioxide equivalent of greenhouse gas that
10 would be emitted from the combustion of the natural
11 gas, and any other gas meeting the specifications for
12 commingling with natural gas for purposes of deliv13
ery, that such entity delivered during the previous
14 calendar year to customers that are not covered enti15
ties, assuming no capture and sequestration of that
16 greenhouse gas.
17 ‘‘(9) ALGAE-BASED FUELS.—Where carbon di18
oxide (or another greenhouse gas) generated by a
19 covered entity is used as an input in the production
20 of algae-based fuels, the Administrator shall ensure
21 that emission allowances are required to be held ei22
ther for the carbon dioxide generated by a covered
23 entity that is used to grow the algae or for the por24
tion of the carbon dioxide emitted from combustion
25 of the fuel produced from such algae that is attrib-
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582
H.L.C.
1 utable to carbon dioxide generated by a covered enti2
ty, but not for both.
3 ‘‘(10) FUGITIVE EMISSIONS.—The greenhouse
4 gas emissions to which paragraphs (1), (4), (6), and
5 (7) apply shall not include fugitive emissions of
6 greenhouse gas, except to the extent the Adminis7
trator determines that data on the carbon dioxide
8 equivalent value of greenhouse gas in the fugitive
9 emissions can be provided with sufficient precision,
10 reliability, accessibility, and timeliness to ensure the
11 integrity of emission allowances, the allowance track12
ing system, and the cap on emissions.
13 ‘‘(11) EXPORT EXEMPTION.—This section shall
14 not apply to any petroleum-based or coal-based liq15
uid fuel, petroleum coke, natural gas liquid, fossil
16 fuel-based carbon dioxide, nitrous oxide, or
17 fluorinated gas that is exported for sale or use.
18 ‘‘(12) NATURAL GAS LIQUIDS.—For natural gas
19 liquids, the covered entity subject to the requirement
20 stated in paragraph (2) shall be the owner of the
21 natural gas liquids at the point the natural gas liq22
uids are separated into merchantable products.
23 ‘‘(13) APPLICATION OF MULTIPLE PARA24
GRAPHS.—For a covered entity to which more than
25 1 of paragraphs (1) through (8) apply, all applicable
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583
H.L.C.
1 paragraphs shall apply, except that not more than 1
2 emission allowance shall be required for the same
3 emission.
4 ‘‘(14) APPLICATION TO FRACTIONS OF TONS.—
5 In applying paragraphs (1) through (8), any amount
6 less than 1 ton of carbon dioxide equivalent of emis7
sions or attributable greenhouse gas emissions shall
8 be treated as 1 ton of such carbon dioxide equiva9
lent.
10 ‘‘(c) PHASE-IN OF PROHIBITION.—
11 ‘‘(1) INDUSTRIAL STATIONARY SOURCES.—The
12 prohibition under subsection (a) shall first apply to
13 a covered entity described in section 700(13)(D),
14 (F), (G), (H), or (I), with respect to emissions oc15
curring during calendar year 2014.
16 ‘‘(2) NATURAL GAS LOCAL DISTRIBUTION COM17
PANIES.—The prohibition under subsection (a) shall
18 first apply to a covered entity described in section
19 700(13)(J) with respect to deliveries occurring dur20
ing calendar year 2016.
21 ‘‘(d) ADDITIONAL METHODS.—In addition to using
22 the method of compliance described in subsection (b), a
23 covered entity may do the following:
24 ‘‘(1) OFFSET CREDITS.—
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584
H.L.C.
1 ‘‘(A) IN GENERAL.—Covered entities col2
lectively may, in accordance with this para3
graph, use offset credits to demonstrate compli4
ance for up to a maximum of 2 billion tons of
5 greenhouse gas emissions annually. The ability
6 to demonstrate compliance with offset credits
7 shall be divided pro rata among covered entities
8 by allowing each covered entity to satisfy a per9
centage of the number of allowances required to
10 be held under subsection (b) to demonstrate
11 compliance by holding 1 domestic offset credit
12 or 1.25 international offset credits in lieu of an
13 emission allowance, except as provided in sub14
paragraph (D).
15 ‘‘(B) APPLICABLE PERCENTAGE.—The
16 percentage referred to in subparagraph (A) for
17 a given calendar year shall be determined by di18
viding 2 billion by the sum of 2 billion plus the
19 number of emission allowances established
20 under section 721(a) for the previous year, and
21 multiplying that number by 100. Not more than
22 one half of the applicable percentage under this
23 paragraph may be used by holding domestic off24
set credits, and not more than one half of the
25 applicable percentage under this paragraph may
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585
H.L.C.
1 be used by holding international offset credits,
2 except as provided in subparagraph (C).
3 ‘‘(C) MODIFIED PERCENTAGES.—If the
4 Administrator determines that domestic offset
5 credits available for use in demonstrating com6
pliance in any calendar year at domestic offset
7 prices generally equal to or less than emission
8 allowance prices, are likely to offset less than
9 0.9 billion tons of greenhouse gas emissions
10 (measured in tons of carbon dioxide equiva11
lents), for purposes of compliance demonstra12
tion in that year the Administrator shall—
13 ‘‘(i) increase the percentage of emis14
sions that can be offset through the use of
15 international offset credits to reflect the
16 amount that 1.0 billion exceeds the number
17 of domestic offset credits the Adminis18
trator determines is available, at prices
19 generally equal to or less than emission al20
lowance prices, for that year, up to a max21
imum of 0.5 billion tons of greenhouse gas
22 emissions; and
23 ‘‘(ii) decrease the percentage of emis24
sions that can be offset through the use of
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H.L.C.
1 domestic offset credits by the same
2 amount.
3 ‘‘(D) INTERNATIONAL OFFSET CREDITS.—
4 Notwithstanding subparagraph (A), to dem5
onstrate compliance prior to calendar year
6 2018, a covered entity may use 1 international
7 offset credit in lieu of an emission allowance up
8 to the amount permitted under this paragraph.
9 ‘‘(E) PRESIDENT’S RECOMMENDATION.—
10 The President may make a recommendation to
11 Congress as to whether the number 2 billion
12 specified in subparagraphs (A) and (B) should
13 be increased or decreased.
14 ‘‘(2) INTERNATIONAL EMISSION ALLOW15
ANCES.—To demonstrate compliance, a covered enti16
ty may hold an international emission allowance in
17 lieu of an emission allowance, except as modified
18 under section 728(d).
19 ‘‘(3) COMPENSATORY ALLOWANCES.—To dem20
onstrate compliance, a covered entity may hold a
21 compensatory allowance obtained under section
22 721(f) in lieu of an emission allowance.
23 ‘‘(e) RETIREMENT OF ALLOWANCES AND CREDITS.—
24 As soon as practicable after a deadline established for cov25
ered entities to demonstrate compliance with this title, the
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587
H.L.C.
1 Administrator shall retire the quantity of allowances or
2 credits required to be held under this title.
3 ‘‘(f) ALTERNATIVE METRICS.—For categories of cov4
ered entities described in subparagraph (B), (C), (D), (G),
5 (H), or (I) of section 700(13), the Administrator may, by
6 rule, establish an applicability threshold for inclusion
7 under those subparagraphs using an alternative metric
8 and level, provided that such metric and level are easier
9 to administer and cover the same size and type of sources
10 as the threshold defined in such subparagraphs.
11 ‘‘(g) THRESHOLD REVIEW.—For each category of
12 covered entities described in subparagraph (B), (C), (D),
13 (G), (H), or (I) of section 700(13), the Administrator
14 shall, in 2020 and once every 8 years thereafter, review
15 the carbon dioxide equivalent emission threshold that is
16 used to define covered entities in such category. After con17
sideration of—
18 ‘‘(1) emissions from covered entities in such
19 category, and from other entities of the same type
20 that emit less than the threshold amount for the cat21
egory (including emission sources that commence op22
eration after the date of enactment of this title that
23 are not covered entities); and
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588
H.L.C.
1 ‘‘(2) whether greater greenhouse gas emission
2 reductions can be cost-effectively achieved by low3
ering the applicable threshold,
4 the Administrator may by rule lower such threshold to not
5 less than 10,000 tons of carbon dioxide equivalent emis6
sions. In determining the cost effectiveness of potential re7
ductions from lowering the threshold for covered entities,
8 the Administrator shall consider alternative regulatory
9 greenhouse gas programs, including setting standards
10 under other titles of this Act.
11 ‘‘(h) DESIGNATED REPRESENTATIVES.—The regula12
tions promulgated under section 721(h) shall require that
13 each covered entity, and each entity holding allowances or
14 offset credits or receiving allowances or offset credits from
15 the Administrator under this title, submit to the Adminis16
trator a certificate of representation designating a des17
ignated representative.
18 ‘‘(i) EDUCATION AND OUTREACH.—
19 ‘‘(1) IN GENERAL.—The Administrator shall es20
tablish and carry out a program of education and
21 outreach to assist covered entities, especially entities
22 having little experience with environmental regu23
latory requirements similar or comparable to those
24 under this title, in preparing to meet the compliance
25 obligations of this title. Such program shall include
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H.L.C.
1 education with respect to using markets to effec2
tively achieve such compliance.
3 ‘‘(2) FAILURE TO RECEIVE INFORMATION.—A
4 failure to receive information or assistance under
5 this subsection may not be used as a defense against
6 an allegation of any violation of this title.
7 ‘‘(j) ADJUSTMENT OF DEADLINE.—The Adminis8
trator may, by rule, establish a deadline for demonstrating
9 compliance, for a calendar year, later than the date pro10
vided in subsection (a), as necessary to ensure the avail11
ability of emissions data, but in no event shall the deadline
12 be later than June 1.
13 ‘‘(k) NOTICE REQUIREMENT FOR COVERED ENTI14
TIES RECEIVING NATURAL GAS FROM NATURAL GAS
15 LOCAL DISTRIBUTION COMPANIES.—The owner or oper16
ator of a covered entity that takes delivery of natural gas
17 from a natural gas local distribution company shall, not
18 later than September 1 of each calendar year, notify such
19 natural gas local distribution company in writing that
20 such entity will qualify as a covered entity under this title
21 for that calendar year.
22 ‘‘(l) COMPLIANCE OBLIGATION.—For purposes of
23 this title, the year of a compliance obligation is the year
24 in which compliance is determined, not the year in which
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1 the greenhouse gas emissions occur or the covered entity
2 has attributable greenhouse gas emissions.
3 ‘‘SEC. 723. PENALTY FOR NONCOMPLIANCE.
4 ‘‘(a) ENFORCEMENT.—A violation of any prohibition
5 of, requirement of, or regulation promulgated pursuant to
6 this title shall be a violation of this Act. It shall be a viola7
tion of this Act for a covered entity to emit greenhouse
8 gases and have attributable greenhouse gas emissions, in
9 combination, in excess of its allowable emissions level as
10 provided in section 722(a). Each ton of carbon dioxide
11 equivalent for which a covered entity fails to demonstrate
12 compliance under section 722 shall be a separate violation.
13 ‘‘(b) EXCESS EMISSIONS PENALTY.—
14 ‘‘(1) IN GENERAL.—The owner or operator of
15 any covered entity that fails for any year to comply,
16 on the deadline described in section 722(a) or (j),
17 shall be liable for payment to the Administrator of
18 an excess emissions penalty in the amount described
19 in paragraph (2).
20 ‘‘(2) AMOUNT.—The amount of an excess emis21
sions penalty required to be paid under paragraph
22 (1) shall be equal to the product obtained by multi23
plying—
24 ‘‘(A) the tons of carbon dioxide equivalent
25 of greenhouse gas emissions or attributable
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1 greenhouse gas emissions for which the owner
2 or operator of a covered entity failed to dem3
onstrate compliance under section 722 on the
4 deadline; by
5 ‘‘(B) twice the auction clearing price for
6 the earliest vintage year emission allowances in
7 the last auction carried out pursuant to section
8 791 before such deadline.
9 ‘‘(3) TIMING.—An excess emissions penalty re10
quired under this subsection shall be immediately
11 due and payable to the Administrator, without de12
mand, in accordance with regulations promulgated
13 by the Administrator, which shall be issued not later
14 than 2 years after the date of enactment of this
15 title.
16 ‘‘(4) NO EFFECT ON LIABILITY.—An excess
17 emissions penalty due and payable by the owners or
18 operators of a covered entity under this subsection
19 shall not diminish the liability of the owners or oper20
ators for any fine, penalty, or assessment against
21 the owners or operators for the same violation under
22 any other provision of this Act or any other law.
23 ‘‘(c) EXCESS EMISSIONS ALLOWANCES.—The owner
24 or operator of a covered entity that fails for any year to
25 comply on the deadline described in section 722(a) or (j)
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1 shall be liable to offset the covered entity’s excess com2
bination of greenhouse gases emitted and attributable
3 greenhouse gas emissions by an equal quantity of emission
4 allowances during the following calendar year, or such
5 longer period as the Administrator may prescribe. During
6 the year in which the covered entity failed to comply, or
7 any year thereafter, the Administrator may deduct the
8 emission allowances required under this subsection to off9
set the covered entity’s excess greenhouse gas emissions
10 or attributable greenhouse gas emissions.
11 ‘‘SEC. 724. TRADING.
12 ‘‘(a) PERMITTED TRANSACTIONS.—Except as other13
wise provided in this title, the lawful holder of an emission
14 allowance, compensatory allowance, or offset credit may,
15 without restriction, sell, exchange, transfer, hold for com16
pliance in accordance with section 722, or request that the
17 Administrator retire the emission allowance, compensatory
18 allowance, or offset credit.
19 ‘‘(b) NO RESTRICTION ON TRANSACTIONS.—The
20 privilege of purchasing, holding, selling, exchanging,
21 transferring, and requesting retirement of emission allow22
ances, compensatory allowances, or offset credits shall not
23 be restricted to the owners and operators of covered enti24
ties, except as otherwise provided in this title.
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1 ‘‘(c) EFFECTIVENESS OF ALLOWANCE TRANS2
FERS.—No transfer of an allowance or offset credit shall
3 be effective for purposes of this title until a certification
4 of the transfer, signed by the designated representative of
5 the transferor, is received and recorded by the Adminis6
trator in accordance with regulations promulgated under
7 section 721(h).
8 ‘‘(d) ALLOWANCE TRACKING SYSTEM.—The regula9
tions promulgated under section 721(h) shall include a
10 system for issuing, recording, holding, and tracking allow11
ances and offset credits that shall specify all necessary
12 procedures and requirements for an orderly and competi13
tive functioning of the allowance and offset credit markets.
14 Such regulations shall provide for appropriate publication
15 of the information in the system on the Internet.
16 ‘‘SEC. 725. BANKING AND BORROWING.
17 ‘‘(a) BANKING.—An emission allowance may be used
18 to comply with section 722 or section 723 for emissions
19 in—
20 ‘‘(1) the vintage year for the allowance; or
21 ‘‘(2) any calendar year subsequent to the vin22
tage year for the allowance.
23 ‘‘(b) EXPIRATION.—
24 ‘‘(1) REGULATIONS.—The Administrator may
25 establish by regulation criteria and procedures for
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1 determining whether, and for implementing a deter2
mination that, the expiration of an allowance or off3
set credit established or issued by the Administrator
4 under this title, or expiration of the ability to use an
5 international emission allowance to comply with sec6
tion 722, is necessary to ensure the authenticity and
7 integrity of allowances or offset credits or the allow8
ance tracking system.
9 ‘‘(2) GENERAL RULE.—An allowance or offset
10 credit established or issued by the Administrator
11 under this title shall not expire unless—
12 ‘‘(A) it is retired by the Administrator pur13
suant to this title; or
14 ‘‘(B) it is determined to expire or to have
15 expired by a specific date by the Administrator
16 in accordance with regulations promulgated
17 under paragraph (1).
18 ‘‘(3) INTERNATIONAL EMISSION ALLOW19
ANCES.—The ability to use an international emission
20 allowance to comply with section 722 shall not ex21
pire unless—
22 ‘‘(A) the allowance is retired by the Ad23
ministrator pursuant to this title; or
24 ‘‘(B) the ability to use such allowance to
25 meet such compliance obligation requirements is
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1 determined to expire or to have expired by a
2 specific date by the Administrator in accord3
ance with regulations promulgated under para4
graph (1).
5 ‘‘(c) BORROWING FUTURE VINTAGE YEAR ALLOW6
ANCES.—
7 ‘‘(1) BORROWING WITHOUT INTEREST.—In ad8
dition to the uses described in subsection (a), an
9 emission allowance may be used to demonstrate com10
pliance under section 722 or comply with section
11 723 for emissions, production, importation, manu12
facture, or deliveries in the calendar year imme13
diately preceding the vintage year for the allowance.
14 ‘‘(2) BORROWING WITH INTEREST.—
15 ‘‘(A) IN GENERAL.—A covered entity may
16 demonstrate compliance under section 722 in a
17 specific calendar year for up to 15 percent of
18 its emissions by holding emission allowances
19 with a vintage year 1 to 5 years later than that
20 calendar year.
21 ‘‘(B) LIMITATIONS.—An emission allow22
ance borrowed pursuant to this paragraph shall
23 be an emission allowance that is established by
24 the Administrator for a specific future calendar
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1 year under section 721(a) and that is held by
2 the borrower.
3 ‘‘(C) PREPAYMENT OF INTEREST.—For
4 each emission allowance that an owner or oper5
ator of a covered entity borrows pursuant to
6 this paragraph, such owner or operator shall, at
7 the time it borrows the allowance, hold for re8
tirement by the Administrator, and the Admin9
istrator shall retire, a quantity of emission al10
lowances that is equal to the product obtained
11 by multiplying—
12 ‘‘(i) 0.08; by
13 ‘‘(ii) the number of years between the
14 calendar year in which the allowance is
15 being used to satisfy a compliance obliga16
tion and the vintage year of the allowance.
17 ‘‘SEC. 726. STRATEGIC RESERVE.
18 ‘‘(a) STRATEGIC RESERVE AUCTIONS.—
19 ‘‘(1) IN GENERAL.—Once each quarter of each
20 calendar year for which allowances are established
21 under section 721(a), the Administrator shall auc22
tion strategic reserve allowances.
23 ‘‘(2) RESTRICTION TO COVERED ENTITIES.—In
24 each auction conducted under paragraph (1), only
25 covered entities that the Administrator expects will
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1 be required to comply with section 722 in the fol2
lowing calendar year shall be eligible to make pur3
chases.
4 ‘‘(b) POOL OF EMISSION ALLOWANCES FOR STRA5
TEGIC RESERVE AUCTIONS.—
6 ‘‘(1) FILLING THE STRATEGIC RESERVE INI7
TIALLY.—
8 ‘‘(A) IN GENERAL.—The Administrator
9 shall, not later than 2 years after the date of
10 enactment of this title, establish a strategic re11
serve account, and shall place in that account
12 an amount of emission allowances established
13 under section 721(a) for each calendar year
14 from 2012 through 2050 in the amounts speci15
fied in subparagraph (B) of this paragraph.
16 ‘‘(B) AMOUNT.—The amount referred to in
17 subparagraph (A) shall be—
18
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
===================================================
TITLE III - Reducing Global Warming Pollution
===================================================
Subtitle A: Reducing Global Warming Pollution (Part 3 of 6)
===================================================

20 ‘‘(3) MINIMUM STRATEGIC RESERVE AUCTION
21 PRICE IN SUBSEQUENT YEARS.—For each strategic
22 reserve auction held in 2015 and each year there23
after, the minimum strategic reserve auction price
24 shall be 60 percent above a rolling 36-month average
25 of the daily closing price for that year’s emission al-
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1 lowance vintage as reported on registered carbon
2 trading facilities, calculated using constant dollars.
3 ‘‘(d) QUANTITY OF EMISSION ALLOWANCES RE4
LEASED FROM THE STRATEGIC RESERVE.—
5 ‘‘(1) INITIAL LIMITS.—For each of calendar
6 years 2012 through 2016, the annual limit on the
7 number of emission allowances from the strategic re8
serve account that may be auctioned is an amount
9 equal to 5 percent of the emission allowances estab10
lished for that calendar year under section 721(a).
11 This limit does not apply to international offset
12 credits sold on consignment pursuant to subsection
13 (h).
14 ‘‘(2) LIMITS IN SUBSEQUENT YEARS.—For cal15
endar year 2017 and each year thereafter, the an16
nual limit on the number of emission allowances
17 from the strategic reserve account that may be auc18
tioned is an amount equal to 10 percent of the emis19
sion allowances established for that calendar year
20 under section 721(a). This limit does not apply to
21 international offset credits sold on consignment pur22
suant to subsection (h).
23 ‘‘(3) ALLOCATION OF LIMITATION.—One-fourth
24 of each year’s annual strategic reserve auction limit
25 under this subsection shall be made available for
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1 auction in each quarter. Any allowances from the
2 strategic reserve account that are made available for
3 sale in a quarterly auction and not sold shall be
4 rolled over and added to the quantity available for
5 sale in the following quarter, except that allowances
6 not sold at auction in the fourth quarter of a year
7 shall not be rolled over to the following calendar
8 year’s auctions, but shall be returned to the stra9
tegic reserve account.
10 ‘‘(e) PURCHASE LIMIT.—
11 ‘‘(1) IN GENERAL.—Except as provided in para12
graph (2) or (3), the annual number of emission al13
lowances that a covered entity may purchase at the
14 strategic reserve auctions in each calendar year shall
15 not exceed 20 percent of the covered entity’s com16
bined greenhouse gas emissions and attributable
17 greenhouse gas emissions during the most recent
18 year for which allowances or offset credits were re19
tired under section 722.
20 ‘‘(2) 2012 LIMIT.—For calendar year 2012, the
21 maximum aggregate number of emission allowances
22 that a covered entity may purchase from that year’s
23 strategic reserve auctions shall be 20 percent of the
24 covered entity’s combined greenhouse gas emissions
25 and attributable greenhouse gas emissions that the
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1 covered entity reported to the registry established
2 under section 713 for 2011 and that would be sub3
ject to section 722(a) if occurring in later calendar
4 years.
5 ‘‘(3) NEW ENTRANTS.—The Administrator
6 shall, by regulation, establish a separate purchase
7 limit applicable to entities that expect to become a
8 covered entity in the year of the auction, permitting
9 them to purchase emission allowances at the stra10
tegic reserve auctions in their first calendar year of
11 operation in an amount of at least 20 percent of
12 their expected combined greenhouse gas emissions
13 and attributable greenhouse gas emissions for that
14 year.
15 ‘‘(f) DELEGATION OR CONTRACT.—Pursuant to regu16
lations under this section, the Administrator may, by dele17
gation or contract, provide for the conduct of strategic re18
serve auctions under the Administrator’s supervision by
19 other departments or agencies of the Federal Government
20 or by nongovernmental agencies, groups, or organizations.
21 ‘‘(g) USE OF AUCTION PROCEEDS.—
22 ‘‘(1) DEPOSIT IN STRATEGIC RESERVE FUND.—
23 The proceeds from strategic reserve auctions shall be
24 placed in the Strategic Reserve Fund established
25 under section 793(1), and shall be available without
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1 further appropriation or fiscal year limitation for the
2 purposes described in this subsection.
3 ‘‘(2) INTERNATIONAL OFFSET CREDITS FOR RE4
DUCED DEFORESTATION.—The Administrator shall
5 use the proceeds from each strategic reserve auction
6 to purchase international offset credits issued for re7
duced deforestation activities pursuant to section
8 743(e). The Administrator shall retire those inter9
national offset credits and establish a number of
10 emission allowances equal to 80 percent of the num11
ber of international offset credits so retired. Emis12
sion allowances established under this paragraph
13 shall be in addition to those established under sec14
tion 721(a).
15 ‘‘(3) EMISSION ALLOWANCES.—The Adminis16
trator shall deposit emission allowances established
17 under paragraph (2) in the strategic reserve, except
18 that, with respect to any such emission allowances in
19 excess of the amount necessary to fill the strategic
20 reserve to its original size, the Administrator shall—
21 ‘‘(A) except as provided in subparagraph
22 (B), assign a vintage year to the emission al23
lowance, which shall be no earlier than the year
24 in which the allowance is established under
25 paragraph (2), and shall treat such allowances
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1 as ones that are not designated for distribution
2 or auction for purposes of section 782(q) and
3 (r); and
4 ‘‘(B) to the extent any such allowances
5 cannot be assigned a vintage year because of
6 the limitation in paragraph (4), retire the allow7
ances.
8 ‘‘(4) LIMITATION.—In no case may the Admin9
istrator assign under paragraph (3)(A) more emis10
sion allowances to a vintage year than the number
11 of emission allowances from that vintage year that
12 were placed in the strategic reserve account under
13 subsection (b)(1).
14 ‘‘(h) AVAILABILITY OF INTERNATIONAL OFFSET
15 CREDITS FOR AUCTION.—
16 ‘‘(1) IN GENERAL.—The regulations promul17
gated under section 721(h) shall allow any entity
18 holding international offset credits from reduced de19
forestation issued under section 743(e) to request
20 that the Administrator include such offset credits in
21 an upcoming strategic reserve auction. The regula22
tions shall provide that—
23 ‘‘(A) such international offset credits will
24 be used to fill bid orders only after the supply
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1 of strategic reserve allowances available for sale
2 at that auction has been depleted;
3 ‘‘(B) international offset credits may be
4 sold at a strategic reserve auction under this
5 subsection only if the Administrator determines
6 that it is highly likely that covered entities will,
7 to cover emissions occurring in the year the
8 auction is held, use offset credits to dem9
onstrate compliance under section 722 for emis10
sions equal to or greater than 80 percent of 2
11 billion tons of carbon dioxide equivalent;
12 ‘‘(C) upon sale of such international offset
13 credits, the Administrator shall retire those
14 international offset credits, and establish and
15 provide to the purchasers a number of emission
16 allowances equal to 80 percent of the number of
17 international offset credits so retired, which al18
lowances shall be in addition to those estab19
lished under section 721(a); and
20 ‘‘(D) for international offset credits sold
21 pursuant to this subsection, the proceeds for
22 the entity that offered the international offset
23 credits for sale shall be the lesser of—
24 ‘‘(i) the average daily closing price for
25 international offset credits sold on reg-
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1 istered exchanges (or if such price is un2
available, the average price as determined
3 by the Administrator) during the six
4 months prior to the strategic reserve auc5
tion at which they were auctioned, with the
6 remaining funds collected upon the sale of
7 the international offset credits deposited in
8 the Treasury; and
9 ‘‘(ii) the amount received for the
10 international offset credits at the auction.
11 ‘‘(2) PROCEEDS.—For international offset cred12
its sold pursuant to this subsection, notwithstanding
13 section 3302 of title 31, United States Code, or any
14 other provision of law, within 90 days of receipt, the
15 United States shall transfer the proceeds from the
16 auction, as defined in paragraph (1)(D), to the enti17
ty that offered the international offset credits for
18 sale. No funds transferred from a purchaser to a
19 seller of international offset credits under this para20
graph shall be held by any officer or employee of the
21 United States or treated for any purpose as public
22 monies.
23 ‘‘(3) PRICING.—When the Administrator acts
24 under this subsection as the agent of an entity in
25 possession of international offset credits, the Admin-
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1 istrator is not obligated to obtain the highest price
2 possible for the international offset credits, and in3
stead shall auction such international offset credits
4 in the same manner and pursuant to the same rules
5 (except as modified in paragraph (1)) as set forth
6 for auctioning strategic reserve allowances. Entities
7 requesting that such international offset credits be
8 offered for sale at a strategic reserve auction may
9 not set a minimum reserve price for their inter10
national offset credits that is different than the min11
imum strategic reserve auction price set pursuant to
12 subsection (c).
13 ‘‘(i) INITIAL REGULATIONS.—Not later than 24
14 months after the date of enactment of this title, the Ad15
ministrator shall promulgate regulations, in consultation
16 with other appropriate agencies, governing the auction of
17 allowances under this section. Such regulations shall in18
clude the following requirements:
19 ‘‘(1) FREQUENCY; FIRST AUCTION.—Auctions
20 shall be held four times per year at regular intervals,
21 with the first auction to be held no later than March
22 31, 2012.
23 ‘‘(2) AUCTION FORMAT.—Auctions shall follow
24 a single-round, sealed-bid, uniform price format.
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1 ‘‘(3) PARTICIPATION; FINANCIAL ASSURANCE.—
2 Auctions shall be open to any covered entity eligible
3 to purchase emission allowances at the auction
4 under subsection (a)(2), except that the Adminis5
trator may establish financial assurance require6
ments to ensure that auction participants can and
7 will perform on their bids.
8 ‘‘(4) DISCLOSURE OF BENEFICIAL OWNER9
SHIP.—Each bidder in an auction shall be required
10 to disclose the person or entity sponsoring or bene11
fitting from the bidder’s participation in the auction
12 if such person or entity is, in whole or in part, other
13 than the bidder.
14 ‘‘(5) PURCHASE LIMITS.—No person may, di15
rectly or in concert with another participant, pur16
chase more than 20 percent of the allowances of17
fered for sale at any quarterly auction.
18 ‘‘(6) PUBLICATION OF INFORMATION.—After
19 the auction, the Administrator shall, in a timely
20 fashion, publish the identities of winning bidders,
21 the quantity of allowances obtained by each winning
22 bidder, and the auction clearing price.
23 ‘‘(7) OTHER REQUIREMENTS.—The Adminis24
trator may include in the regulations such other re25
quirements or provisions as the Administrator, in
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1 consultation with other agencies as appropriate, con2
siders appropriate to promote effective, efficient,
3 transparent, and fair administration of auctions
4 under this section.
5 ‘‘(j) REVISION OF REGULATIONS.—The Adminis6
trator may, at any time, in consultation with other agen7
cies as appropriate, revise the initial regulations promul8
gated under subsection (i). Such revised regulations need
9 not meet the requirements identified in subsection (i) if
10 the Administrator determines that an alternative auction
11 design would be more effective, taking into account factors
12 including costs of administration, transparency, fairness,
13 and risks of collusion or manipulation. In determining
14 whether and how to revise the initial regulations under
15 this subsection, the Administrator shall not consider maxi16
mization of revenues to the Federal Government.
17 ‘‘SEC. 727. PERMITS.
18 ‘‘(a) PERMIT PROGRAM.—For stationary sources
19 subject to title V of this Act that are covered entities, the
20 provisions of this title shall be implemented by permits
21 issued to such covered entities (and enforced) in accord22
ance with the provisions of title V, as modified by this
23 title. Any such permit issued by the Administrator, or by
24 a State or Indian tribe with an approved permit program,
25 shall require the owner or operator of a covered entity to
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1 hold allowances or offset credits at least equal to the total
2 annual amount of carbon dioxide equivalents for its com3
bined emissions and attributable greenhouse gas emissions
4 to which section 722 applies. No such permit shall be
5 issued that is inconsistent with the requirements of this
6 title, and title V as applicable. Nothing in this section re7
garding compliance plans or in title V shall be construed
8 as affecting allowances or offset credits. Submission of a
9 statement by the owner or operator, or the designated rep10
resentative of the owners and operators, of a covered enti11
ty that the owners and operators will hold allowances or
12 offset credits for the entity’s combined emissions and at13
tributable greenhouse gas emissions to which section 722
14 applies shall be deemed to meet the proposed and ap15
proved planning requirements of title V. Recordation by
16 the Administrator of transfers of allowances and offset
17 credits shall amend automatically all applicable proposed
18 or approved permit applications, compliance plans, and
19 permits.
20 ‘‘(b) MULTIPLE OWNERS.—No permit shall be issued
21 under this section and no allowances or offset credits shall
22 be disbursed under this title to a covered entity or any
23 other person until the designated representative of the
24 owners or operators has filed a certificate of representa25
tion with regard to matters under this title, including the
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1 holding and distribution of emission allowances and the
2 proceeds of transactions involving emission allowances.
3 Where there are multiple holders of a legal or equitable
4 title to, or a leasehold interest in, such a covered entity
5 or other entity or where a utility or industrial customer
6 purchases power under a long-term power purchase con7
tract from an independent power production facility that
8 is a covered entity, the certificate shall state—
9 ‘‘(1) that emission allowances and the proceeds
10 of transactions involving emission allowances will be
11 deemed to be held or distributed in proportion to
12 each holder’s legal, equitable, leasehold, or contrac13
tual reservation or entitlement; or
14 ‘‘(2) if such multiple holders have expressly pro15
vided for a different distribution of emission allow16
ances by contract, that emission allowances and the
17 proceeds of transactions involving emission allow18
ances will be deemed to be held or distributed in ac19
cordance with the contract.
20 A passive lessor, or a person who has an equitable interest
21 through such lessor, whose rental payments are not based,
22 either directly or indirectly, upon the revenues or income
23 from the covered entity or other entity shall not be deemed
24 to be a holder of a legal, equitable, leasehold, or contrac25
tual interest for the purpose of holding or distributing
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1 emission allowances as provided in this subsection, during
2 either the term of such leasehold or thereafter, unless ex3
pressly provided for in the leasehold agreement. Except
4 as otherwise provided in this subsection, where all legal
5 or equitable title to or interest in a covered entity, or other
6 entity, is held by a single person, the certificate shall state
7 that all emission allowances received by the entity are
8 deemed to be held for that person.
9 ‘‘(c) PROHIBITION.—It shall be unlawful for any per10
son to operate any stationary source subject to the re11
quirements of this section except in compliance with the
12 terms and requirements of a permit issued by the Admin13
istrator or a State or Indian tribe with an approved permit
14 program in accordance with this section. For purposes of
15 this subsection, compliance, as provided in section 504(f),
16 with a permit issued under title V which complies with
17 this title for covered entities shall be deemed compliance
18 with this subsection as well as section 502(a).
19 ‘‘(d) RELIABILITY.—Nothing in this section or title
20 V shall be construed as requiring termination of oper21
ations of a stationary source that is a covered entity for
22 failure to have an approved permit, or compliance plan,
23 that is consistent with the requirements in the second and
24 fifth sentences of subsection (a) concerning the holding
25 of allowances or offset credits, except that any such cov-
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1 ered entity may be subject to the applicable enforcement
2 provision of section 113.
3 ‘‘(e) REGULATIONS.—Not later than 2 years after the
4 date of enactment of this title, the Administrator shall
5 promulgate regulations to implement this section. To pro6
vide for permits required under this section, each State
7 in which one or more stationary sources that are covered
8 entities are located shall submit, in accordance with this
9 section and title V, revised permit programs for approval.
10 ‘‘SEC. 728. INTERNATIONAL EMISSION ALLOWANCES.
11 ‘‘(a) QUALIFYING PROGRAMS.—The Administrator,
12 in consultation with the Secretary of State, may by rule
13 designate an international climate change program as a
14 qualifying international program if—
15 ‘‘(1) the program is run by a national or supra16
national foreign government, and imposes a manda17
tory absolute tonnage limit on greenhouse gas emis18
sions from 1 or more foreign countries, or from 1 or
19 more economic sectors in such a country or coun20
tries; and
21 ‘‘(2) the program is at least as stringent as the
22 program established by this title, including provi23
sions to ensure at least comparable monitoring, com24
pliance, enforcement, quality of offsets, and restric25
tions on the use of offsets.
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H.L.C.
1 ‘‘(b) DISQUALIFIED ALLOWANCES.—An international
2 emission allowance may not be held under section
3 722(d)(2) if it is in the nature of an offset instrument
4 or allowance awarded based on the achievement of green5
house gas emission reductions or avoidance, or greenhouse
6 gas sequestration, that are not subject to the mandatory
7 absolute tonnage limits referred to in subsection (a)(1).
8 ‘‘(c) RETIREMENT.—
9 ‘‘(1) ENTITY CERTIFICATION.—The owner or
10 operator of an entity that holds an international
11 emission allowance under section 722(d)(2) shall
12 certify to the Administrator that such international
13 emission allowance has not previously been used to
14 comply with any foreign, international, or domestic
15 greenhouse gas regulatory program.
16 ‘‘(2) RETIREMENT.—
17 ‘‘(A) FOREIGN AND INTERNATIONAL REG18
ULATORY ENTITIES.—The Administrator, in
19 consultation with the Secretary of State, shall
20 seek, by whatever means appropriate, including
21 agreements and technical cooperation on allow22
ance tracking, to ensure that any relevant for23
eign, international, and domestic regulatory en24
tities—
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H.L.C.
1 ‘‘(i) are notified of the use, for pur2
poses of compliance with this title, of any
3 international emission allowance; and
4 ‘‘(ii) provide for the disqualification of
5 such international emission allowance for
6 any subsequent use under the relevant for7
eign, international, or domestic greenhouse
8 gas regulatory program, regardless of
9 whether such use is a sale, exchange, or
10 submission to satisfy a compliance obliga11
tion.
12 ‘‘(B) DISQUALIFICATION FROM FURTHER
13 USE.—The Administrator shall ensure that,
14 once an international emission allowance has
15 been disqualified or otherwise used for purposes
16 of compliance with this title, such allowance
17 shall be disqualified from any further use under
18 this title.
19 ‘‘(d) USE LIMITATIONS.—The Administrator may, by
20 rule, apply a limit to the percentage of the combined
21 greenhouse gas emissions and attributable greenhouse gas
22 emissions of a covered entity with respect to which compli23
ance may be demonstrated by holding international emis24
sion allowances under section 722(d)(2), consistent with
25 the purposes of the Safe Climate Act.
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H.L.C.
1 ‘‘PART D—OFFSETS
2 ‘‘SEC. 731. OFFSETS INTEGRITY ADVISORY BOARD.
3 ‘‘(a) ESTABLISHMENT.—Not later than 30 days after
4 the date of enactment of this title, the Administrator shall
5 establish an independent Offsets Integrity Advisory
6 Board. The Advisory Board shall make recommendations
7 to the Administrator for use in promulgating and revising
8 regulations under this part and part E, and for ensuring
9 the overall environmental integrity of the programs estab10
lished pursuant to those regulations.
11 ‘‘(b) MEMBERSHIP.—The Advisory Board shall be
12 comprised of at least nine members. Each member shall
13 be qualified by education, training, and experience to
14 evaluate scientific and technical information on matters
15 referred to the Board under this section. The Adminis16
trator shall appoint Advisory Board members, including
17 a chair and vice-chair of the Advisory Board. Terms shall
18 be 3 years in length, except for initial terms, which may
19 be up to 5 years in length to allow staggering. Members
20 may be reappointed only once for an additional 3-year
21 term, and such second term may follow directly after a
22 first term.
23 ‘‘(c) ACTIVITIES.—The Advisory Board established
24 pursuant to subsection (a) shall—
25 ‘‘(1) provide recommendations, not later than
26 90 days after the Advisory Board’s establishment
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1 and periodically thereafter, to the Administrator re2
garding offset project types that should be consid3
ered for eligibility under section 733, taking into
4 consideration relevant scientific and other issues, in5
cluding—
6 ‘‘(A) the availability of a representative
7 data set for use in developing the activity base8
line;
9 ‘‘(B) the potential for accurate quantifica10
tion of greenhouse gas reduction, avoidance, or
11 sequestration for an offset project type;
12 ‘‘(C) the potential level of scientific and
13 measurement uncertainty associated with an
14 offset project type; and
15 ‘‘(D) any beneficial or adverse environ16
mental, public health, welfare, social, economic,
17 or energy effects associated with an offset
18 project type;
19 ‘‘(2) make available to the Administrator its ad20
vice and comments on offset methodologies that
21 should be considered under regulations promulgated
22 with respect to section 734, including methodologies
23 to address the issues of additionality, activity base24
lines, quantification methods, leakage, uncertainty,
25 permanence, and environmental integrity;
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1 ‘‘(3) make available to the Administrator, and
2 other relevant Federal agencies, its advice and com3
ments regarding scientific, technical, and methodo4
logical issues specific to the issuance of international
5 offset credits under section 743;
6 ‘‘(4) make available to the Administrator, and
7 other relevant Federal agencies, its advice and com8
ments regarding scientific, technical, and methodo9
logical issues associated with the implementation of
10 part E;
11 ‘‘(5) make available to the Administrator its ad12
vice and comments on areas in which further knowl13
edge is required to appraise the adequacy of exist14
ing, revised, or proposed methodologies for use
15 under this part and part E, and describe the re16
search efforts necessary to provide the required in17
formation; and
18 ‘‘(6) make available to the Administrator its ad19
vice and comments on other ways to improve or
20 safeguard the environmental integrity of programs
21 established under this part and part E.
22 ‘‘(d) SCIENTIFIC REVIEW OF OFFSET AND DEFOR23
ESTATION REDUCTION PROGRAMS.—Not later than Janu24
ary 1, 2017, and at five-year intervals thereafter, the Ad25
visory Board shall submit to the Administrator and make
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H.L.C.
1 available to the public an analysis of relevant scientific and
2 technical information related to this part and part E. The
3 Advisory Board shall review approved and potential meth4
odologies, scientific studies, offset project monitoring, off5
set project verification reports, and audits related to this
6 part and part E, and evaluate the net emissions effects
7 of implemented offset projects. The Advisory Board shall
8 recommend changes to offset methodologies, protocols, or
9 project types, or to the overall offset program under this
10 part, to ensure that offset credits issued by the Adminis11
trator do not compromise the integrity of the annual emis12
sion reductions established under section 703, and to
13 avoid or minimize adverse effects to human health or the
14 environment.
15 ‘‘SEC. 732. ESTABLISHMENT OF OFFSETS PROGRAM.
16 ‘‘(a) REGULATIONS.—Not later than 2 years after
17 the date of enactment of this title, the Administrator, in
18 consultation with appropriate Federal agencies and taking
19 into consideration the recommendations of the Advisory
20 Board, shall promulgate regulations establishing a pro21
gram for the issuance of offset credits in accordance with
22 the requirements of this part. The Administrator shall pe23
riodically revise these regulations as necessary to meet the
24 requirements of this part.
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H.L.C.
1 ‘‘(b) REQUIREMENTS.—The regulations described in
2 subsection (a) shall—
3 ‘‘(1) authorize the issuance of offset credits
4 with respect to qualifying offset projects that result
5 in reductions or avoidance of greenhouse gas emis6
sions, or sequestration of greenhouse gases;
7 ‘‘(2) ensure that such offset credits represent
8 verifiable and additional greenhouse gas emission re9
ductions or avoidance, or increases in sequestration;
10 ‘‘(3) ensure that offset credits issued for se11
questration offset projects are only issued for green12
house gas reductions that are permanent;
13 ‘‘(4) provide for the implementation of the re14
quirements of this part; and
15 ‘‘(5) include as reductions in greenhouse gases
16 reductions achieved through the destruction of meth17
ane and its conversion to carbon dioxide, and reduc18
tions achieved through destruction of
19 chlorofluorocarbons or other ozone depleting sub20
stances, if permitted by the Administrator under
21 section 619(b)(9) and subject to the conditions spec22
ified in section 619(b)(9), based on the carbon diox23
ide equivalent value of the substance destroyed.
24 ‘‘(c) COORDINATION TO MINIMIZE NEGATIVE EF25
FECTS.—In promulgating and implementing regulations
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H.L.C.
1 under this part, the Administrator shall act (including by
2 rejecting projects, if necessary) to avoid or minimize, to
3 the maximum extent practicable, adverse effects on human
4 health or the environment resulting from the implementa5
tion of offset projects under this part.
6 ‘‘(d) OFFSET REGISTRY.—The Administrator shall
7 establish within the allowance tracking system established
8 under section 724(d) an Offset Registry for qualifying off9
set projects and offset credits issued with respect thereto
10 under this part.
11 ‘‘(e) LEGAL STATUS OF OFFSET CREDIT.—An offset
12 credit does not constitute a property right.
13 ‘‘(f) FEES.—The Administrator shall assess fees pay14
able by offset project developers in an amount necessary
15 to cover the administrative costs to the Environmental
16 Protection Agency of carrying out the activities under this
17 part. Amounts collected for such fees shall be available
18 to the Administrator for carrying out the activities under
19 this part to the extent provided in advance in appropria20
tions Acts.
21 ‘‘SEC. 733. ELIGIBLE PROJECT TYPES.
22 ‘‘(a) LIST OF ELIGIBLE PROJECT TYPES.—
23 ‘‘(1) IN GENERAL.—As part of the regulations
24 promulgated under section 732(a), the Adminis25
trator shall establish, and may periodically revise, a
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H.L.C.
1 list of types of projects eligible to generate offset
2 credits, including international offset credits, under
3 this part.
4 ‘‘(2) ADVISORY BOARD RECOMMENDATIONS.—
5 In determining the eligibility of project types, the
6 Administrator shall take into consideration the rec7
ommendations of the Advisory Board. If a list estab8
lished under this section differs from the rec9
ommendations of the Advisory Board, the regula10
tions promulgated under section 732(a) shall include
11 a justification for the discrepancy.
12 ‘‘(3) INITIAL DETERMINATION.—The Adminis13
trator shall establish the initial eligibility list under
14 paragraph (1) not later than one year after the date
15 of enactment of this title. The Administrator shall
16 add additional project types to the list not later than
17 2 years after the date of enactment of this title. In
18 determining the initial list, the Administrator shall
19 give priority to consideration of offset project types
20 that are recommended by the Advisory Board and
21 for which there are well developed methodologies
22 that the Administrator determines would meet the
23 criteria of section 734, with such modifications as
24 the Administrator deems appropriate. In establishing
25 methodologies pursuant to section 734, the Adminis-
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H.L.C.
1 trator shall give priority to methodologies for offset
2 project types included on the initial eligibility list.
3 ‘‘(b) MODIFICATION OF LIST.—The Administrator—
4 ‘‘(1) may at any time, by rule, add a project
5 type to the list established under subsection (a) if
6 the Administrator, in consultation with appropriate
7 Federal agencies and taking into consideration the
8 recommendations of the Advisory Board, determines
9 that the project type can generate additional reduc10
tions or avoidance of greenhouse gas emissions, or
11 sequestration of greenhouse gases, subject to the re12
quirements of this part;
13 ‘‘(2) may at any time, by rule, determine that
14 a project type on the list does not meet the require15
ments of this part, and remove the project type from
16 the list established under subsection (a), in consulta17
tion with appropriate Federal agencies and taking
18 into consideration any recommendations of the Advi19
sory Board; and
20 ‘‘(3) shall consider adding to or removing from
21 the list established under subsection (a), at a min22
imum, project types proposed to the Adminis23
trator—
24 ‘‘(A) by petition pursuant to subsection
25 (c); or
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H.L.C.
1 ‘‘(B) by the Advisory Board.
2 ‘‘(c) PETITION PROCESS.—Any person may petition
3 the Administrator to modify the list established under sub4
section (a) by adding or removing a project type pursuant
5 to subsection (b). Any such petition shall include a show6
ing by the petitioner that there is adequate data to estab7
lish that the project type does or does not meet the re8
quirements of this part. Not later than 12 months after
9 receipt of such a petition, the Administrator shall either
10 grant or deny the petition and publish a written expla11
nation of the reasons for the Administrator’s decision. The
12 Administrator may not deny a petition under this sub13
section on the basis of inadequate Environmental Protec14
tion Agency resources or time for review.
15 ‘‘SEC. 734. REQUIREMENTS FOR OFFSET PROJECTS.
16 ‘‘(a) METHODOLOGIES.—As part of the regulations
17 promulgated under section 732(a), the Administrator shall
18 establish, for each type of offset project listed as eligible
19 under section 733, the following:
20 ‘‘(1) ADDITIONALITY.—A standardized method21
ology for determining the additionality of greenhouse
22 gas emission reductions or avoidance, or greenhouse
23 gas sequestration, achieved by an offset project of
24 that type. Such methodology shall ensure, at a min25
imum, that any greenhouse gas emission reduction
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H.L.C.
1 or avoidance, or any greenhouse gas sequestration, is
2 considered additional only to the extent that it re3
sults from activities that—
4 ‘‘(A) are not required by or undertaken to
5 comply with any law, including any regulation
6 or consent order;
7 ‘‘(B) were not commenced prior to Janu8
ary 1, 2009, except in the case of—
9 ‘‘(i) offset project activities that com10
menced after January 1, 2001, and were
11 registered as of the date of enactment of
12 this title under an offset program with re13
spect to which the Administrator has made
14 an affirmative determination under section
15 740(a)(2); or
16 ‘‘(ii) activities that are readily revers17
ible, with respect to which the Adminis18
trator may set an alternative earlier date
19 under this subparagraph that is not earlier
20 than January 1, 2001, where the Adminis21
trator determines that setting such an al22
ternative date may produce an environ23
mental benefit by removing an incentive to
24 cease and then reinitiate activities that
25 began prior to January 1, 2009; and
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H.L.C.
1 ‘‘(C) exceed the activity baseline estab2
lished under paragraph (2).
3 ‘‘(2) ACTIVITY BASELINES.—A standardized
4 methodology for establishing activity baselines for
5 offset projects of that type. The Administrator shall
6 set activity baselines to reflect a conservative esti7
mate of business-as-usual performance or practices
8 for the relevant type of activity such that the base9
line provides an adequate margin of safety to ensure
10 the environmental integrity of offsets calculated in
11 reference to such baseline.
12 ‘‘(3) QUANTIFICATION METHODS.—A standard13
ized methodology for determining the extent to
14 which greenhouse gas emission reductions or avoid15
ance, or greenhouse gas sequestration, achieved by
16 an offset project of that type exceed a relevant activ17
ity baseline, including protocols for monitoring and
18 accounting for uncertainty.
19 ‘‘(4) LEAKAGE.—A standardized methodology
20 for accounting for and mitigating potential leakage,
21 if any, from an offset project of that type, taking
22 uncertainty into account.
23 ‘‘(b) ACCOUNTING FOR REVERSALS.—
24 ‘‘(1) IN GENERAL.—For each type of sequestra25
tion project listed under section 733, the Adminis-
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H.L.C.
1 trator shall establish requirements to account for
2 and address reversals, including—
3 ‘‘(A) a requirement to report any reversal
4 with respect to an offset project for which offset
5 credits have been issued under this part;
6 ‘‘(B) provisions to require emission allow7
ances to be held in amounts to fully compensate
8 for greenhouse gas emissions attributable to re9
versals, and to assign responsibility for holding
10 such emission allowances; and
11 ‘‘(C) any other provisions the Adminis12
trator determines necessary to account for and
13 address reversals.
14 ‘‘(2) MECHANISMS.—The Administrator shall
15 prescribe mechanisms to ensure that any sequestra16
tion with respect to which an offset credit is issued
17 under this part results in a permanent net increase
18 in sequestration, and that full account is taken of
19 any actual or potential reversal of such sequestra20
tion, with an adequate margin of safety. The Admin21
istrator shall prescribe at least one of the following
22 mechanisms to meet the requirements of this para23
graph:
24 ‘‘(A) An offsets reserve, pursuant to para25
graph (3).
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H.L.C.
1 ‘‘(B) Insurance that provides for purchase
2 and provision to the Administrator for retire3
ment of an amount of offset credits or emission
4 allowances equal in number to the tons of car5
bon dioxide equivalents of greenhouse gas emis6
sions released due to reversal.
7 ‘‘(C) Another mechanism that the Admin8
istrator determines satisfies the requirements of
9 this part.
10 ‘‘(3) OFFSETS RESERVE.—
11 ‘‘(A) IN GENERAL.—An offsets reserve re12
ferred to in paragraph (2)(A) is a program
13 under which, before issuance of offset credits
14 under this part, the Administrator shall sub15
tract and reserve from the quantity to be issued
16 a quantity of offset credits based on the risk of
17 reversal. The Administrator shall—
18 ‘‘(i) hold these reserved offset credits
19 in the offsets reserve; and
20 ‘‘(ii) register the holding of the re21
served offset credits in the Offset Registry
22 established under section 732(d).
23 ‘‘(B) PROJECT REVERSAL.—
24 ‘‘(i) IN GENERAL.—If a reversal has
25 occurred with respect to an offset project
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1 for which offset credits are reserved under
2 this paragraph, the Administrator shall re3
tire offset credits or emission allowances
4 from the offsets reserve to fully account
5 for the tons of carbon dioxide equivalent
6 that are no longer sequestered.
7 ‘‘(ii) INTENTIONAL REVERSALS.—If
8 the Administrator determines that a rever9
sal was intentional, the offset project devel10
oper for the relevant offset project shall
11 place into the offsets reserve a quantity of
12 offset credits, or combination of offset
13 credits and emission allowances, equal in
14 number to the number of reserve offset
15 credits that were canceled due to the rever16
sal pursuant to clause (i).
17 ‘‘(iii) UNINTENTIONAL REVERSALS.—
18 If the Administrator determines that a re19
versal was unintentional, the offset project
20 developer for the relevant offset project
21 shall place into the offsets reserve a quan22
tity of offset credits, or combination of off23
set credits and emission allowances, equal
24 in number to half the number of offset
25 credits that were reserved for that offset
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1 project, or half the number of reserve off2
set credits that were canceled due to the
3 reversal pursuant to clause (i), whichever
4 is less.
5 ‘‘(C) USE OF RESERVED OFFSET CRED6
ITS.—Offset credits placed into the offsets re7
serve under this paragraph may not be used to
8 comply with section 722.
9 ‘‘(c) CREDITING PERIODS.—
10 ‘‘(1) IN GENERAL.—For each offset project
11 type, the Administrator shall specify a crediting pe12
riod, and establish provisions for petitions for new
13 crediting periods, in accordance with this subsection.
14 ‘‘(2) DURATION.—The crediting period shall be
15 no less than 5 and no greater than 10 years for any
16 project type other than those involving sequestra17
tion.
18 ‘‘(3) ELIGIBILITY.—An offset project shall be
19 eligible to generate offset credits under this part
20 only during the project’s crediting period. During
21 such crediting period, the project shall remain eligi22
ble to generate offset credits, subject to the meth23
odologies and project type eligibility list that applied
24 as of the date of project approval under section 735,
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1 except as provided in paragraph (4) of this sub2
section.
3 ‘‘(4) PETITION FOR NEW CREDITING PERIOD.—
4 An offset project developer may petition for a new
5 crediting period to commence after termination of a
6 crediting period, subject to the methodologies and
7 project type eligibility list in effect at the time when
8 such petition is submitted. A petition may not be
9 submitted under this paragraph more than 18
10 months before the end of the pending crediting pe11
riod. The Administrator may limit the number of
12 new crediting periods available for projects of par13
ticular project types.
14 ‘‘(d) ENVIRONMENTAL INTEGRITY.—In establishing
15 the requirements under this section, the Administrator
16 shall apply conservative assumptions or methods to maxi17
mize the certainty that the environmental integrity of the
18 cap established under section 703 is not compromised.
19 ‘‘(e) PRE-EXISTING METHODOLOGIES.—In promul20
gating requirements under this section, the Administrator
21 shall give due consideration to methodologies for offset
22 projects existing as of the date of enactment of this title.
23 ‘‘(f) ADDED PROJECT TYPES.—The Administrator
24 shall establish methodologies described in subsection (a),
25 and, as applicable, requirements and mechanisms for re-
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1 versals as described in subsection (b), for any project type
2 that is added to the list pursuant to section 733.
3 ‘‘SEC. 735. APPROVAL OF OFFSET PROJECTS.
4 ‘‘(a) APPROVAL PETITION.—An offset project devel5
oper shall submit an offset project approval petition pro6
viding such information as the Administrator requires to
7 determine whether the offset project is eligible for issuance
8 of offset credits under rules promulgated pursuant to this
9 part.
10 ‘‘(b) TIMING.—An approval petition shall be sub11
mitted to the Administrator under subsection (a) no later
12 than the time at which an offset project’s first verification
13 report is submitted under section 736.
14 ‘‘(c) APPROVAL PETITION REQUIREMENTS.—As part
15 of the regulations promulgated under section 732, the Ad16
ministrator shall include provisions for, and shall specify,
17 the required components of an offset project approval peti18
tion required under subsection (a), which shall include—
19 ‘‘(1) designation of an offset project developer;
20 and
21 ‘‘(2) any other information that the Adminis22
trator considers to be necessary to achieve the pur23
poses of this part.
24 ‘‘(d) APPROVAL AND NOTIFICATION.—Not later than
25 90 days after receiving a complete approval petition under
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1 subsection (a), the Administrator shall make the approval
2 petition publicly available, approve or deny the petition in
3 writing and if the petition is denied, provide the reasons
4 for denial, and make the Administrator’s written decision
5 publicly available. After an offset project is approved, the
6 offset project developer shall not be required to resubmit
7 an approval petition during the offset project’s crediting
8 period, except as provided in section 734(c)(4).
9 ‘‘(e) APPEAL.—The Administrator shall establish
10 procedures for appeal and review of determinations made
11 under subsection (d).
12 ‘‘(f) VOLUNTARY PREAPPROVAL REVIEW.—The Ad13
ministrator may establish a voluntary preapproval review
14 procedure, to allow an offset project developer to request
15 the Administrator to conduct a preliminary eligibility re16
view for an offset project. Findings of such reviews shall
17 not be binding upon the Administrator. The voluntary
18 preapproval review procedure—
19 ‘‘(1) shall require the offset project developer to
20 submit such basic project information as the Admin21
istrator requires to provide a meaningful review; and
22 ‘‘(2) shall require a response from the Adminis23
trator not later than 6 weeks after receiving a re24
quest for review under this subsection.
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1 ‘‘SEC. 736. VERIFICATION OF OFFSET PROJECTS.
2 ‘‘(a) IN GENERAL.—As part of the regulations pro3
mulgated under section 732(a), the Administrator shall es4
tablish requirements, including protocols, for verification
5 of the quantity of greenhouse gas emission reductions or
6 avoidance, or sequestration of greenhouse gases, resulting
7 from an offset project. The