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PUBLIC LAW 110–140—DEC. 19, 2007

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ENERGY INDEPENDENCE AND SECURITY ACT
OF 2007

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121 STAT. 1492

PUBLIC LAW 110–140—DEC. 19, 2007

Public Law 110–140
110th Congress
An Act
Dec. 19, 2007
[H.R. 6]

Energy
Independence
and Security Act
of 2007.
42 USC 17001
note.

To move the United States toward greater energy independence and security, to
increase the production of clean renewable fuels, to protect consumers, to increase
the efficiency of products, buildings, and vehicles, to promote research on and
deploy greenhouse gas capture and storage options, and to improve the energy
performance of the Federal Government, and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Energy
Independence and Security Act of 2007’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Relationship to other law.
TITLE I—ENERGY SECURITY THROUGH IMPROVED VEHICLE FUEL
ECONOMY
Subtitle A—Increased Corporate Average Fuel Economy Standards
Sec. 101. Short title.
Sec. 102. Average fuel economy standards for automobiles and certain other vehicles.
Sec. 103. Definitions.
Sec. 104. Credit trading program.
Sec. 105. Consumer information.
Sec. 106. Continued applicability of existing standards.
Sec. 107. National Academy of Sciences studies.
Sec. 108. National Academy of Sciences study of medium-duty and heavy-duty
truck fuel economy.
Sec. 109. Extension of flexible fuel vehicle credit program.
Sec. 110. Periodic review of accuracy of fuel economy labeling procedures.
Sec. 111. Consumer tire information.
Sec. 112. Use of civil penalties for research and development.
Sec. 113. Exemption from separate calculation requirement.
Subtitle B—Improved Vehicle Technology
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

131.
132.
133.
134.
135.
136.

Transportation electrification.
Domestic manufacturing conversion grant program.
Inclusion of electric drive in Energy Policy Act of 1992.
Loan guarantees for fuel-efficient automobile parts manufacturers.
Advanced battery loan guarantee program.
Advanced technology vehicles manufacturing incentive program.

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Subtitle C—Federal Vehicle Fleets
Sec. 141. Federal vehicle fleets.
Sec. 142. Federal fleet conservation requirements.

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1493

TITLE II—ENERGY SECURITY THROUGH INCREASED PRODUCTION OF
BIOFUELS
Subtitle A—Renewable Fuel Standard
Definitions.
Renewable fuel standard.
Study of impact of Renewable Fuel Standard.
Environmental and resource conservation impacts.
Biomass based diesel and biodiesel labeling.
Study of credits for use of renewable electricity in electric vehicles.
Grants for production of advanced biofuels.
Integrated consideration of water quality in determinations on fuels and
fuel additives.
Sec. 209. Anti-backsliding.
Sec. 210. Effective date, savings provision, and transition rules.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

201.
202.
203.
204.
205.
206.
207.
208.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

221.
222.
223.
224.
225.
226.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

227.
228.
229.
230.
231.
232.
233.
234.

Subtitle B—Biofuels Research and Development
Biodiesel.
Biogas.
Grants for biofuel production research and development in certain States.
Biorefinery energy efficiency.
Study of optimization of flexible fueled vehicles to use E–85 fuel.
Study of engine durability and performance associated with the use of
biodiesel.
Study of optimization of biogas used in natural gas vehicles.
Algal biomass.
Biofuels and biorefinery information center.
Cellulosic ethanol and biofuels research.
Bioenergy research and development, authorization of appropriation.
Environmental research and development.
Bioenergy research centers.
University based research and development grant program.

Subtitle C—Biofuels Infrastructure
Sec. 241. Prohibition on franchise agreement restrictions related to renewable fuel
infrastructure.
Sec. 242. Renewable fuel dispenser requirements.
Sec. 243. Ethanol pipeline feasibility study.
Sec. 244. Renewable fuel infrastructure grants.
Sec. 245. Study of the adequacy of transportation of domestically-produced renewable fuel by railroads and other modes of transportation.
Sec. 246. Federal fleet fueling centers.
Sec. 247. Standard specifications for biodiesel.
Sec. 248. Biofuels distribution and advanced biofuels infrastructure.
Subtitle D—Environmental Safeguards
Sec. 251. Waiver for fuel or fuel additives.

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TITLE III—ENERGY SAVINGS THROUGH IMPROVED STANDARDS FOR
APPLIANCE AND LIGHTING
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

301.
302.
303.
304.
305.
306.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

307.
308.
309.
310.
311.
312.
313.
314.
315.
316.

Subtitle A—Appliance Energy Efficiency
External power supply efficiency standards.
Updating appliance test procedures.
Residential boilers.
Furnace fan standard process.
Improving schedule for standards updating and clarifying State authority.
Regional standards for furnaces, central air conditioners, and heat
pumps.
Procedure for prescribing new or amended standards.
Expedited rulemakings.
Battery chargers.
Standby mode.
Energy standards for home appliances.
Walk-in coolers and walk-in freezers.
Electric motor efficiency standards.
Standards for single package vertical air conditioners and heat pumps.
Improved energy efficiency for appliances and buildings in cold climates.
Technical corrections.

Subtitle B—Lighting Energy Efficiency
Sec. 321. Efficient light bulbs.

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121 STAT. 1494

PUBLIC LAW 110–140—DEC. 19, 2007

Sec.
Sec.
Sec.
Sec.

322.
323.
324.
325.

Incandescent reflector lamp efficiency standards.
Public building energy efficient and renewable energy systems.
Metal halide lamp fixtures.
Energy efficiency labeling for consumer electronic products.

TITLE IV—ENERGY SAVINGS IN BUILDINGS AND INDUSTRY
Sec. 401. Definitions.
Subtitle A—Residential Building Efficiency
Sec. 411. Reauthorization of weatherization assistance program.
Sec. 412. Study of renewable energy rebate programs.
Sec. 413. Energy code improvements applicable to manufactured housing.
Subtitle B—High-Performance Commercial Buildings
Sec. 421. Commercial high-performance green buildings.
Sec. 422. Zero Net Energy Commercial Buildings Initiative.
Sec. 423. Public outreach.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

431.
432.
433.
434.
435.
436.
437.
438.
439.
440.
441.

Subtitle C—High-Performance Federal Buildings
Energy reduction goals for Federal buildings.
Management of energy and water efficiency in Federal buildings.
Federal building energy efficiency performance standards.
Management of Federal building efficiency.
Leasing.
High-performance green Federal buildings.
Federal green building performance.
Storm water runoff requirements for Federal development projects.
Cost-effective technology acceleration program.
Authorization of appropriations.
Public building life-cycle costs.

Subtitle D—Industrial Energy Efficiency
Sec. 451. Industrial energy efficiency.
Sec. 452. Energy-intensive industries program.
Sec. 453. Energy efficiency for data center buildings.
Subtitle E—Healthy High-Performance Schools
Sec. 461. Healthy high-performance schools.
Sec. 462. Study on indoor environmental quality in schools.
Subtitle F—Institutional Entities
Sec. 471. Energy sustainability and efficiency grants and loans for institutions.
Subtitle G—Public and Assisted Housing
Sec. 481. Application of International Energy Conservation Code to public and assisted housing.
Subtitle H—General Provisions
Sec. 491. Demonstration project.
Sec. 492. Research and development.
Sec. 493. Environmental Protection Agency demonstration grant program for local
governments.
Sec. 494. Green Building Advisory Committee.
Sec. 495. Advisory Committee on Energy Efficiency Finance.
TITLE V—ENERGY SAVINGS IN GOVERNMENT AND PUBLIC INSTITUTIONS

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Sec.
Sec.
Sec.
Sec.
Sec.

501.
502.
503.
504.
505.

Subtitle A—United States Capitol Complex
Capitol complex photovoltaic roof feasibility studies.
Capitol complex E–85 refueling station.
Energy and environmental measures in Capitol complex master plan.
Promoting maximum efficiency in operation of Capitol power plant.
Capitol power plant carbon dioxide emissions feasibility study and demonstration projects.

Subtitle B—Energy Savings Performance Contracting
Sec. 511. Authority to enter into contracts; reports.
Sec. 512. Financing flexibility.
Sec. 513. Promoting long-term energy savings performance contracts and verifying
savings.

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PUBLIC LAW 110–140—DEC. 19, 2007
Sec.
Sec.
Sec.
Sec.

121 STAT. 1495

514.
515.
516.
517.

Permanent reauthorization.
Definition of energy savings.
Retention of savings.
Training Federal contracting officers to negotiate energy efficiency contracts.
Sec. 518. Study of energy and cost savings in nonbuilding applications.
Subtitle C—Energy Efficiency in Federal Agencies
Sec. 521. Installation of photovoltaic system at Department of Energy headquarters
building.
Sec. 522. Prohibition on incandescent lamps by Coast Guard.
Sec. 523. Standard relating to solar hot water heaters.
Sec. 524. Federally-procured appliances with standby power.
Sec. 525. Federal procurement of energy efficient products.
Sec. 526. Procurement and acquisition of alternative fuels.
Sec. 527. Government efficiency status reports.
Sec. 528. OMB government efficiency reports and scorecards.
Sec. 529. Electricity sector demand response.
Subtitle D—Energy Efficiency of Public Institutions
Sec. 531. Reauthorization of State energy programs.
Sec. 532. Utility energy efficiency programs.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

541.
542.
543.
544.
545.
546.
547.
548.

Subtitle E—Energy Efficiency and Conservation Block Grants
Definitions.
Energy Efficiency and Conservation Block Grant Program.
Allocation of funds.
Use of funds.
Requirements for eligible entities.
Competitive grants.
Review and evaluation.
Funding.
TITLE VI—ACCELERATED RESEARCH AND DEVELOPMENT

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

601.
602.
603.
604.
605.
606.
607.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

611.
612.
613.
614.
615.
616.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

617.
618.
619.
620.
621.
622.
623.
624.
625.

Subtitle A—Solar Energy
Short title.
Thermal energy storage research and development program.
Concentrating solar power commercial application studies.
Solar energy curriculum development and certification grants.
Daylighting systems and direct solar light pipe technology.
Solar Air Conditioning Research and Development Program.
Photovoltaic demonstration program.
Subtitle B—Geothermal Energy
Short title.
Definitions.
Hydrothermal research and development.
General geothermal systems research and development.
Enhanced geothermal systems research and development.
Geothermal energy production from oil and gas fields and recovery and
production of geopressured gas resources.
Cost sharing and proposal evaluation.
Center for geothermal technology transfer.
GeoPowering America.
Educational pilot program.
Reports.
Applicability of other laws.
Authorization of appropriations.
International geothermal energy development.
High cost region geothermal energy grant program.

Subtitle C—Marine and Hydrokinetic Renewable Energy Technologies
631. Short title.
632. Definition.
633. Marine and hydrokinetic renewable energy research and development.
634. National Marine Renewable Energy Research, Development, and Demonstration Centers.
Sec. 635. Applicability of other laws.
Sec. 636. Authorization of appropriations.

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Sec.
Sec.
Sec.
Sec.

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121 STAT. 1496

PUBLIC LAW 110–140—DEC. 19, 2007

Subtitle D—Energy Storage for Transportation and Electric Power
Sec. 641. Energy storage competitiveness.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

651.
652.
653.
654.
655.
656.

Subtitle E—Miscellaneous Provisions
Lightweight materials research and development.
Commercial insulation demonstration program.
Technical criteria for clean coal power Initiative.
H-Prize.
Bright Tomorrow Lighting Prizes.
Renewable Energy innovation manufacturing partnership.
TITLE VII—CARBON CAPTURE AND SEQUESTRATION

Subtitle A—Carbon Capture and Sequestration Research, Development, and
Demonstration
Sec. 701. Short title.
Sec. 702. Carbon capture and sequestration research, development, and demonstration program.
Sec. 703. Carbon capture.
Sec. 704. Review of large-scale programs.
Sec. 705. Geologic sequestration training and research.
Sec. 706. Relation to Safe Drinking Water Act.
Sec. 707. Safety research.
Sec. 708. University based research and development grant program.
Subtitle B—Carbon Capture and Sequestration Assessment and Framework
Sec. 711. Carbon dioxide sequestration capacity assessment.
Sec. 712. Assessment of carbon sequestration and methane and nitrous oxide emissions from ecosystems.
Sec. 713. Carbon dioxide sequestration inventory.
Sec. 714. Framework for geological carbon sequestration on public land.
TITLE VIII—IMPROVED MANAGEMENT OF ENERGY POLICY
Subtitle A—Management Improvements
National media campaign.
Alaska Natural Gas Pipeline administration.
Renewable energy deployment.
Coordination of planned refinery outages.
Assessment of resources.
Sense of Congress relating to the use of renewable resources to generate
energy.
Sec. 807. Geothermal assessment, exploration information, and priority activities.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

801.
802.
803.
804.
805.
806.

Sec.
Sec.
Sec.
Sec.
Sec.

Subtitle B—Prohibitions on Market Manipulation and False Information
811. Prohibition on market manipulation.
812. Prohibition on false information.
813. Enforcement by the Federal Trade Commission.
814. Penalties.
815. Effect on other laws.

TITLE IX—INTERNATIONAL ENERGY PROGRAMS
Sec. 901. Definitions.

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Subtitle A—Assistance to Promote Clean and Efficient Energy Technologies in
Foreign Countries
Sec. 911. United States assistance for developing countries.
Sec. 912. United States exports and outreach programs for India, China, and other
countries.
Sec. 913. United States trade missions to encourage private sector trade and investment.
Sec. 914. Actions by Overseas Private Investment Corporation.
Sec. 915. Actions by United States Trade and Development Agency.
Sec. 916. Deployment of international clean and efficient energy technologies and
investment in global energy markets.
Sec. 917. United States-Israel energy cooperation.
Subtitle B—International Clean Energy Foundation
Sec. 921. Definitions.

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PUBLIC LAW 110–140—DEC. 19, 2007
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

922.
923.
924.
925.
926.
927.

121 STAT. 1497

Establishment and management of Foundation.
Duties of Foundation.
Annual report.
Powers of the Foundation; related provisions.
General personnel authorities.
Authorization of appropriations.

Subtitle C—Miscellaneous Provisions
Energy diplomacy and security within the Department of State.
National Security Council reorganization.
Annual national energy security strategy report.
Convention on Supplementary Compensation for Nuclear Damage contingent cost allocation.
Sec. 935. Transparency in extractive industries resource payments.
Sec.
Sec.
Sec.
Sec.

931.
932.
933.
934.

TITLE X—GREEN JOBS
Sec. 1001. Short title.
Sec. 1002. Energy efficiency and renewable energy worker training program.
TITLE XI—ENERGY TRANSPORTATION AND INFRASTRUCTURE
Subtitle A—Department of Transportation
Sec. 1101. Office of Climate Change and Environment.
Subtitle B—Railroads
Sec. 1111. Advanced technology locomotive grant pilot program.
Sec. 1112. Capital grants for class II and class III railroads.
Subtitle C—Marine Transportation
Sec. 1121. Short sea transportation initiative.
Sec. 1122. Short sea shipping eligibility for capital construction fund.
Sec. 1123. Short sea transportation report.
Subtitle D—Highways
Sec. 1131. Increased Federal share for CMAQ projects.
Sec. 1132. Distribution of rescissions.
Sec. 1133. Sense of Congress regarding use of complete streets design techniques.
TITLE XII—SMALL BUSINESS ENERGY PROGRAMS
Sec. 1201. Express loans for renewable energy and energy efficiency.
Sec. 1202. Pilot program for reduced 7(a) fees for purchase of energy efficient technologies.
Sec. 1203. Small business energy efficiency.
Sec. 1204. Larger 504 loan limits to help business develop energy efficient technologies and purchases.
Sec. 1205. Energy saving debentures.
Sec. 1206. Investments in energy saving small businesses.
Sec. 1207. Renewable fuel capital investment company.
Sec. 1208. Study and report.

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TITLE XIII—SMART GRID
Statement of policy on modernization of electricity grid.
Smart grid system report.
Smart grid advisory committee and smart grid task force.
Smart grid technology research, development, and demonstration.
Smart grid interoperability framework.
Federal matching fund for smart grid investment costs.
State consideration of smart grid.
Study of the effect of private wire laws on the development of combined
heat and power facilities.
Sec. 1309. DOE study of security attributes of smart grid systems.

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Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1301.
1302.
1303.
1304.
1305.
1306.
1307.
1308.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1401.
1402.
1403.
1404.
1405.
1406.
1407.

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TITLE XIV—POOL AND SPA SAFETY
Short title.
Findings.
Definitions.
Federal swimming pool and spa drain cover standard.
State swimming pool safety grant program.
Minimum State law requirements.
Education program.

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121 STAT. 1498

PUBLIC LAW 110–140—DEC. 19, 2007

Sec. 1408. CPSC report.
TITLE XV—REVENUE PROVISIONS
Sec. 1500. Amendment of 1986 Code.
Sec. 1501. Extension of additional 0.2 percent FUTA surtax.
Sec. 1502. 7-year amortization of geological and geophysical expenditures for certain major integrated oil companies.
TITLE XVI—EFFECTIVE DATE
Sec. 1601. Effective date.
42 USC 17001.

SEC. 2. DEFINITIONS.

In this Act:
(1) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Energy.
(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given the term
in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Energy.
42 USC 17002.

SEC. 3. RELATIONSHIP TO OTHER LAW.

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

TITLE I—ENERGY SECURITY THROUGH
IMPROVED VEHICLE FUEL ECONOMY
Subtitle A—Increased Corporate Average
Fuel Economy Standards

Ten-in-Ten Fuel
Economy Act.

42 USC 30101
note.

SEC. 101. SHORT TITLE.

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

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SEC. 102. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES
AND CERTAIN OTHER VEHICLES.

(a) INCREASED STANDARDS.—Section 32902 of title 49, United
States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘NON-PASSENGER AUTOMOBILES.—’’
and inserting ‘‘PRESCRIPTION OF STANDARDS BY REGULATION.—’’;
(B) by striking ‘‘(except passenger automobiles)’’ in subsection (a); and
(C) by striking the last sentence;
(2) by striking subsection (b) and inserting the following:
‘‘(b) STANDARDS FOR AUTOMOBILES AND CERTAIN OTHER
VEHICLES.—

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1499

‘‘(1) IN GENERAL.—The Secretary of Transportation, after
consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall prescribe
separate average fuel economy standards for—
‘‘(A) passenger automobiles manufactured by manufacturers in each model year beginning with model year 2011
in accordance with this subsection;
‘‘(B) non-passenger automobiles manufactured by
manufacturers in each model year beginning with model
year 2011 in accordance with this subsection; and
‘‘(C) work trucks and commercial medium-duty or
heavy-duty on-highway vehicles in accordance with subsection (k).
‘‘(2) FUEL ECONOMY STANDARDS FOR AUTOMOBILES.—
‘‘(A) AUTOMOBILE FUEL ECONOMY AVERAGE FOR MODEL
YEARS 2011 THROUGH 2020.—The Secretary shall prescribe
a separate average fuel economy standard for passenger
automobiles and a separate average fuel economy standard
for non-passenger automobiles for each model year beginning with model year 2011 to achieve a combined fuel
economy average for model year 2020 of at least 35 miles
per gallon for the total fleet of passenger and non-passenger
automobiles manufactured for sale in the United States
for that model year.
‘‘(B) AUTOMOBILE FUEL ECONOMY AVERAGE FOR MODEL
YEARS 2021 THROUGH 2030.—For model years 2021 through
2030, the average fuel economy required to be attained
by each fleet of passenger and non-passenger automobiles
manufactured for sale in the United States shall be the
maximum feasible average fuel economy standard for each
fleet for that model year.
‘‘(C) PROGRESS TOWARD STANDARD REQUIRED.—In prescribing average fuel economy standards under subparagraph (A), the Secretary shall prescribe annual fuel
economy standard increases that increase the applicable
average fuel economy standard ratably beginning with
model year 2011 and ending with model year 2020.
‘‘(3) AUTHORITY OF THE SECRETARY.—The Secretary shall—
‘‘(A) prescribe by regulation separate average fuel
economy standards for passenger and non-passenger automobiles based on 1 or more vehicle attributes related to
fuel economy and express each standard in the form of
a mathematical function; and
‘‘(B) issue regulations under this title prescribing average fuel economy standards for at least 1, but not more
than 5, model years.
‘‘(4) MINIMUM STANDARD.—In addition to any standard prescribed pursuant to paragraph (3), each manufacturer shall
also meet the minimum standard for domestically manufactured passenger automobiles, which shall be the greater of—
‘‘(A) 27.5 miles per gallon; or
‘‘(B) 92 percent of the average fuel economy projected
by the Secretary for the combined domestic and nondomestic passenger automobile fleets manufactured for sale
in the United States by all manufacturers in the model
year, which projection shall be published in the Federal

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Regulations.

Federal Register,
publication.

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121 STAT. 1500

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Deadline.

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PUBLIC LAW 110–140—DEC. 19, 2007

Register when the standard for that model year is promulgated in accordance with this section.’’; and
(3) in subsection (c)—
(A) by striking ‘‘(1) Subject to paragraph (2) of this
subsection, the’’ and inserting ‘‘The’’; and
(B) by striking paragraph (2).
(b) FUEL ECONOMY STANDARD FOR COMMERCIAL MEDIUM-DUTY
AND HEAVY-DUTY ON-HIGHWAY VEHICLES AND WORK TRUCKS.—
Section 32902 of title 49, United States Code, is amended by adding
at the end the following:
‘‘(k) COMMERCIAL MEDIUM- AND HEAVY-DUTY ON-HIGHWAY
VEHICLES AND WORK TRUCKS.—
‘‘(1) STUDY.—Not later than 1 year after the National
Academy of Sciences publishes the results of its study under
section 108 of the Ten-in-Ten Fuel Economy Act, the Secretary
of Transportation, in consultation with the Secretary of Energy
and the Administrator of the Environmental Protection Agency,
shall examine the fuel efficiency of commercial medium- and
heavy-duty on-highway vehicles and work trucks and determine—
‘‘(A) the appropriate test procedures and methodologies
for measuring the fuel efficiency of such vehicles and work
trucks;
‘‘(B) the appropriate metric for measuring and
expressing commercial medium- and heavy-duty on-highway vehicle and work truck fuel efficiency performance,
taking into consideration, among other things, the work
performed by such on-highway vehicles and work trucks
and types of operations in which they are used;
‘‘(C) the range of factors, including, without limitation,
design, functionality, use, duty cycle, infrastructure, and
total overall energy consumption and operating costs that
affect commercial medium- and heavy-duty on-highway
vehicle and work truck fuel efficiency; and
‘‘(D) such other factors and conditions that could have
an impact on a program to improve commercial mediumand heavy-duty on-highway vehicle and work truck fuel
efficiency.
‘‘(2) RULEMAKING.—Not later than 24 months after completion of the study required under paragraph (1), the Secretary,
in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, by regulation,
shall determine in a rulemaking proceeding how to implement
a commercial medium- and heavy-duty on-highway vehicle and
work truck fuel efficiency improvement program designed to
achieve the maximum feasible improvement, and shall adopt
and implement appropriate test methods, measurement
metrics, fuel economy standards, and compliance and enforcement protocols that are appropriate, cost-effective, and technologically feasible for commercial medium- and heavy-duty onhighway vehicles and work trucks. The Secretary may prescribe
separate standards for different classes of vehicles under this
subsection.
‘‘(3) LEAD-TIME; REGULATORY STABILITY.—The commercial
medium- and heavy-duty on-highway vehicle and work truck
fuel economy standard adopted pursuant to this subsection
shall provide not less than—

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‘‘(A) 4 full model years of regulatory lead-time; and
‘‘(B) 3 full model years of regulatory stability.’’.
SEC. 103. DEFINITIONS.

(a) IN GENERAL.—Section 32901(a) of title 49, United States
Code, is amended—
(1) by striking paragraph (3) and inserting the following:
‘‘(3) except as provided in section 32908 of this title, ‘automobile’ means a 4-wheeled vehicle that is propelled by fuel,
or by alternative fuel, manufactured primarily for use on public
streets, roads, and highways and rated at less than 10,000
pounds gross vehicle weight, except—
‘‘(A) a vehicle operated only on a rail line;
‘‘(B) a vehicle manufactured in different stages by 2
or more manufacturers, if no intermediate or final-stage
manufacturer of that vehicle manufactures more than
10,000 multi-stage vehicles per year; or
‘‘(C) a work truck.’’;
(2) by redesignating paragraphs (7) through (16) as paragraphs (8) through (17), respectively;
(3) by inserting after paragraph (6) the following:
‘‘(7) ‘commercial medium- and heavy-duty on-highway
vehicle’ means an on-highway vehicle with a gross vehicle
weight rating of 10,000 pounds or more.’’;
(4) in paragraph (9)(A), as redesignated, by inserting ‘‘or
a mixture of biodiesel and diesel fuel meeting the standard
established by the American Society for Testing and Materials
or under section 211(u) of the Clean Air Act (42 U.S.C. 7545(u))
for fuel containing 20 percent biodiesel (commonly known as
‘B20’)’’ after ‘‘alternative fuel’’;
(5) by redesignating paragraph (17), as redesignated, as
paragraph (18);
(6) by inserting after paragraph (16), as redesignated, the
following:
‘‘(17) ‘non-passenger automobile’ means an automobile that
is not a passenger automobile or a work truck.’’; and
(7) by adding at the end the following:
‘‘(19) ‘work truck’ means a vehicle that—
‘‘(A) is rated at between 8,500 and 10,000 pounds gross
vehicle weight; and
‘‘(B) is not a medium-duty passenger vehicle (as defined
in section 86.1803–01 of title 40, Code of Federal Regulations, as in effect on the date of the enactment of the
Ten-in-Ten Fuel Economy Act).’’.

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SEC. 104. CREDIT TRADING PROGRAM.

(a) IN GENERAL.—Section 32903 of title 49, United States Code,
is amended—
(1) by striking ‘‘section 32902(b)–(d) of this title’’ each place
it appears and inserting ‘‘subsections (a) through (d) of section
32902’’;
(2) in subsection (a)(2)—
(A) by striking ‘‘3 consecutive model years’’ and
inserting ‘‘5 consecutive model years’’;
(B) by striking ‘‘clause (1) of this subsection,’’ and
inserting ‘‘paragraph (1)’’;
(3) by redesignating subsection (f) as subsection (h); and
(4) by inserting after subsection (e) the following:

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PUBLIC LAW 110–140—DEC. 19, 2007

‘‘(f) CREDIT TRADING AMONG MANUFACTURERS.—
‘‘(1) IN GENERAL.—The Secretary of Transportation may
establish, by regulation, a fuel economy credit trading program
to allow manufacturers whose automobiles exceed the average
fuel economy standards prescribed under section 32902 to earn
credits to be sold to manufacturers whose automobiles fail
to achieve the prescribed standards such that the total oil
savings associated with manufacturers that exceed the prescribed standards are preserved when trading credits to manufacturers that fail to achieve the prescribed standards.
‘‘(2) LIMITATION.—The trading of credits by a manufacturer
to the category of passenger automobiles manufactured domestically is limited to the extent that the fuel economy level of
such automobiles shall comply with the requirements of section
32902(b)(4), without regard to any trading of credits from other
manufacturers.
‘‘(g) CREDIT TRANSFERRING WITHIN A MANUFACTURER’S
FLEET.—
‘‘(1) IN GENERAL.—The Secretary of Transportation shall
establish by regulation a fuel economy credit transferring program to allow any manufacturer whose automobiles exceed
any of the average fuel economy standards prescribed under
section 32902 to transfer the credits earned under this section
and to apply such credits within that manufacturer’s fleet to
a compliance category of automobiles that fails to achieve the
prescribed standards.
‘‘(2) YEARS FOR WHICH USED.—Credits transferred under
this subsection are available to be used in the same model
years that the manufacturer could have applied such credits
under subsections (a), (b), (d), and (e), as well as for the model
year in which the manufacturer earned such credits.
‘‘(3) MAXIMUM INCREASE.—The maximum increase in any
compliance category attributable to transferred credits is—
‘‘(A) for model years 2011 through 2013, 1.0 mile per
gallon;
‘‘(B) for model years 2014 through 2017, 1.5 miles
per gallon; and
‘‘(C) for model year 2018 and subsequent model years,
2.0 miles per gallon.
‘‘(4) LIMITATION.—The transfer of credits by a manufacturer
to the category of passenger automobiles manufactured domestically is limited to the extent that the fuel economy level of
such automobiles shall comply with the requirements under
section 32904(b)(4), without regard to any transfer of credits
from other categories of automobiles described in paragraph
(6)(B).
‘‘(5) YEARS AVAILABLE.—A credit may be transferred under
this subsection only if it is earned after model year 2010.
‘‘(6) DEFINITIONS.—In this subsection:
‘‘(A) FLEET.—The term ‘fleet’ means all automobiles
manufactured by a manufacturer in a particular model
year.
‘‘(B) COMPLIANCE CATEGORY OF AUTOMOBILES.—The
term ‘compliance category of automobiles’ means any of
the following 3 categories of automobiles for which compliance is separately calculated under this chapter:

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‘‘(i) Passenger automobiles manufactured domestically.
‘‘(ii) Passenger automobiles not manufactured
domestically.
‘‘(iii) Non-passenger automobiles.’’.
(b) CONFORMING AMENDMENTS.—
(1) LIMITATIONS.—Section 32902(h) of title 49, United
States Code, is amended—
(A) in paragraph (1), by striking ‘‘and’’ at the end;
(B) in paragraph (2), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(3) may not consider, when prescribing a fuel economy
standard, the trading, transferring, or availability of credits
under section 32903.’’.
(2) SEPARATE CALCULATIONS.—Section 32904(b)(1)(B) is
amended by striking ‘‘chapter.’’ and inserting ‘‘chapter, except
for the purposes of section 32903.’’.

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SEC. 105. CONSUMER INFORMATION.

Section 32908 of title 49, United States Code, is amended
by adding at the end the following:
‘‘(g) CONSUMER INFORMATION.—
‘‘(1) PROGRAM.—The Secretary of Transportation, in consultation with the Secretary of Energy and the Administrator
of the Environmental Protection Agency, shall develop and
implement by rule a program to require manufacturers—
‘‘(A) to label new automobiles sold in the United States
with—
‘‘(i) information reflecting an automobile’s performance on the basis of criteria that the Administrator
shall develop, not later than 18 months after the date
of the enactment of the Ten-in-Ten Fuel Economy Act,
to reflect fuel economy and greenhouse gas and other
emissions over the useful life of the automobile;
‘‘(ii) a rating system that would make it easy for
consumers to compare the fuel economy and greenhouse gas and other emissions of automobiles at the
point of purchase, including a designation of automobiles—
‘‘(I) with the lowest greenhouse gas emissions
over the useful life of the vehicles; and
‘‘(II) the highest fuel economy; and
‘‘(iii) a permanent and prominent display that an
automobile is capable of operating on an alternative
fuel; and
‘‘(B) to include in the owner’s manual for vehicles
capable of operating on alternative fuels information that
describes that capability and the benefits of using alternative fuels, including the renewable nature and environmental benefits of using alternative fuels.
‘‘(2) CONSUMER EDUCATION.—
‘‘(A) IN GENERAL.—The Secretary of Transportation,
in consultation with the Secretary of Energy and the
Administrator of the Environmental Protection Agency,
shall develop and implement by rule a consumer education
program to improve consumer understanding of automobile

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Criteria.
Deadline.

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performance described in paragraph (1)(A)(i) and to inform
consumers of the benefits of using alternative fuel in automobiles and the location of stations with alternative fuel
capacity.
‘‘(B) FUEL SAVINGS EDUCATION CAMPAIGN.—The Secretary of Transportation shall establish a consumer education campaign on the fuel savings that would be recognized from the purchase of vehicles equipped with thermal
management technologies, including energy efficient air
conditioning systems and glass.
‘‘(3) FUEL TANK LABELS FOR ALTERNATIVE FUEL AUTOMOBILES.—The Secretary of Transportation shall by rule require
a label to be attached to the fuel compartment of vehicles
capable of operating on alternative fuels, with the form of
alternative fuel stated on the label. A label attached in compliance with the requirements of section 32905(h) is deemed to
meet the requirements of this paragraph.
‘‘(4) RULEMAKING DEADLINE.—The Secretary of Transportation shall issue a final rule under this subsection not later
than 42 months after the date of the enactment of the Tenin-Ten Fuel Economy Act.’’.

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49 USC 32902
note.

SEC. 106. CONTINUED APPLICABILITY OF EXISTING STANDARDS.

49 USC 32902
note.
Contracts.

SEC. 107. NATIONAL ACADEMY OF SCIENCES STUDIES.

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Nothing in this subtitle, or the amendments made by this
subtitle, shall be construed to affect the application of section 32902
of title 49, United States Code, to passenger automobiles or nonpassenger automobiles manufactured before model year 2011.
(a) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary of Transportation shall execute
an agreement with the National Academy of Sciences to develop
a report evaluating vehicle fuel economy standards, including—
(1) an assessment of automotive technologies and costs
to reflect developments since the Academy’s 2002 report evaluating the corporate average fuel economy standards was conducted;
(2) an analysis of existing and potential technologies that
may be used practically to improve automobile and mediumduty and heavy-duty truck fuel economy;
(3) an analysis of how such technologies may be practically
integrated into the automotive and medium-duty and heavyduty truck manufacturing process; and
(4) an assessment of how such technologies may be used
to meet the new fuel economy standards under chapter 329
of title 49, United States Code, as amended by this subtitle.
(b) REPORT.—The Academy shall submit the report to the Secretary, the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Energy and Commerce of
the House of Representatives, with its findings and recommendations not later than 5 years after the date on which the Secretary
executes the agreement with the Academy.
(c) QUINQUENNIAL UPDATES.—After submitting the initial
report, the Academy shall update the report at 5 year intervals
thereafter through 2025.

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121 STAT. 1505

SEC. 108. NATIONAL ACADEMY OF SCIENCES STUDY OF MEDIUM-DUTY
AND HEAVY-DUTY TRUCK FUEL ECONOMY.

(a) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary of Transportation shall execute
an agreement with the National Academy of Sciences to develop
a report evaluating medium-duty and heavy-duty truck fuel
economy standards, including—
(1) an assessment of technologies and costs to evaluate
fuel economy for medium-duty and heavy-duty trucks;
(2) an analysis of existing and potential technologies that
may be used practically to improve medium-duty and heavyduty truck fuel economy;
(3) an analysis of how such technologies may be practically
integrated into the medium-duty and heavy-duty truck manufacturing process;
(4) an assessment of how such technologies may be used
to meet fuel economy standards to be prescribed under section
32902(k) of title 49, United States Code, as amended by this
subtitle; and
(5) associated costs and other impacts on the operation
of medium-duty and heavy-duty trucks, including congestion.
(b) REPORT.—The Academy shall submit the report to the Secretary, the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Energy and Commerce of
the House of Representatives, with its findings and recommendations not later than 1 year after the date on which the Secretary
executes the agreement with the Academy.

Contracts.

SEC. 109. EXTENSION OF FLEXIBLE FUEL VEHICLE CREDIT PROGRAM.

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(a) IN GENERAL.—Section 32906 of title 49, United States Code,
is amended to read as follows:
‘‘§ 32906. Maximum fuel economy increase for alternative fuel
automobiles
‘‘(a) IN GENERAL.—For each of model years 1993 through 2019
for each category of automobile (except an electric automobile),
the maximum increase in average fuel economy for a manufacturer
attributable to dual fueled automobiles is—
‘‘(1) 1.2 miles a gallon for each of model years 1993 through
2014;
‘‘(2) 1.0 miles per gallon for model year 2015;
‘‘(3) 0.8 miles per gallon for model year 2016;
‘‘(4) 0.6 miles per gallon for model year 2017;
‘‘(5) 0.4 miles per gallon for model year 2018;
‘‘(6) 0.2 miles per gallon for model year 2019; and
‘‘(7) 0 miles per gallon for model years after 2019.
‘‘(b) CALCULATION.—In applying subsection (a), the Administrator of the Environmental Protection Agency shall determine the
increase in a manufacturer’s average fuel economy attributable
to dual fueled automobiles by subtracting from the manufacturer’s
average fuel economy calculated under section 32905(e) the number
equal to what the manufacturer’s average fuel economy would be
if it were calculated by the formula under section 32904(a)(1) by
including as the denominator for each model of dual fueled automobiles the fuel economy when the automobiles are operated on
gasoline or diesel fuel.’’.

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121 STAT. 1506

PUBLIC LAW 110–140—DEC. 19, 2007

(b) CONFORMING AMENDMENTS.—Section 32905 of title 49,
United States Code, is amended—
(1) in subsection (b), by striking ‘‘1993–2010,’’ and inserting
‘‘1993 through 2019,’’;
(2) in subsection (d), by striking ‘‘1993–2010,’’ and inserting
‘‘1993 through 2019,’’;
(3) by striking subsections (f) and (g); and
(4) by redesignating subsection (h) as subsection (f).
(c) B20 BIODIESEL FLEXIBLE FUEL CREDIT.—Section 32905(b)(2)
of title 49, United States Code, is amended to read as follows:
‘‘(2) .5 divided by the fuel economy—
‘‘(A) measured under subsection (a) when operating
the model on alternative fuel; or
‘‘(B) measured based on the fuel content of B20 when
operating the model on B20, which is deemed to contain
0.15 gallon of fuel.’’.
42 USC 32908
note.

SEC. 110. PERIODIC REVIEW OF ACCURACY OF FUEL ECONOMY
LABELING PROCEDURES.

Effective date.
Deadlines.

Beginning in December 2009, and not less often than every
5 years thereafter, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Transportation,
shall—
(1) reevaluate the fuel economy labeling procedures
described in the final rule published in the Federal Register
on December 27, 2006 (71 Fed. Reg. 77,872; 40 CFR parts
86 and 600) to determine whether changes in the factors used
to establish the labeling procedures warrant a revision of that
process; and
(2) submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives that describes
the results of the reevaluation process.

Reports.

SEC. 111. CONSUMER TIRE INFORMATION.

(a) IN GENERAL.—Chapter 323 of title 49, United States Code,
is amended by inserting after section 32304 the following:

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‘‘§ 32304A. Consumer tire information
‘‘(a) RULEMAKING.—
‘‘(1) IN GENERAL.—Not later than 24 months after the date
of enactment of the Ten-in-Ten Fuel Economy Act, the Secretary
of Transportation shall, after notice and opportunity for comment, promulgate rules establishing a national tire fuel efficiency consumer information program for replacement tires
designed for use on motor vehicles to educate consumers about
the effect of tires on automobile fuel efficiency, safety, and
durability.
‘‘(2) ITEMS INCLUDED IN RULE.—The rulemaking shall
include—
‘‘(A) a national tire fuel efficiency rating system for
motor vehicle replacement tires to assist consumers in
making more educated tire purchasing decisions;
‘‘(B) requirements for providing information to consumers, including information at the point of sale and
other potential information dissemination methods,
including the Internet;

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121 STAT. 1507

‘‘(C) specifications for test methods for manufacturers
to use in assessing and rating tires to avoid variation
among test equipment and manufacturers; and
‘‘(D) a national tire maintenance consumer education
program including, information on tire inflation pressure,
alignment, rotation, and tread wear to maximize fuel efficiency, safety, and durability of replacement tires.
‘‘(3) APPLICABILITY.—This section shall apply only to
replacement tires covered under section 575.104(c) of title 49,
Code of Federal Regulations, in effect on the date of the enactment of the Ten-in-Ten Fuel Economy Act.
‘‘(b) CONSULTATION.—The Secretary shall consult with the Secretary of Energy and the Administrator of the Environmental
Protection Agency on the means of conveying tire fuel efficiency
consumer information.
‘‘(c) REPORT TO CONGRESS.—The Secretary shall conduct periodic assessments of the rules promulgated under this section to
determine the utility of such rules to consumers, the level of
cooperation by industry, and the contribution to national goals
pertaining to energy consumption. The Secretary shall transmit
periodic reports detailing the findings of such assessments to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Energy and Commerce.
‘‘(d) TIRE MARKING.—The Secretary shall not require permanent
labeling of any kind on a tire for the purpose of tire fuel efficiency
information.
‘‘(e) APPLICATION WITH STATE AND LOCAL LAWS AND REGULATIONS.—Nothing in this section prohibits a State or political subdivision thereof from enforcing a law or regulation on tire fuel efficiency
consumer information that was in effect on January 1, 2006. After
a requirement promulgated under this section is in effect, a State
or political subdivision thereof may adopt or enforce a law or
regulation on tire fuel efficiency consumer information enacted or
promulgated after January 1, 2006, if the requirements of that
law or regulation are identical to the requirement promulgated
under this section. Nothing in this section shall be construed to
preempt a State or political subdivision thereof from regulating
the fuel efficiency of tires (including establishing testing methods
for determining compliance with such standards) not otherwise
preempted under this chapter.’’.
(b) ENFORCEMENT.—Section 32308 of title 49, United States
Code, is amended—
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
‘‘(c) SECTION 32304A.—Any person who fails to comply with
the national tire fuel efficiency information program under section
32304A is liable to the United States Government for a civil penalty
of not more than $50,000 for each violation.’’.
(c) CONFORMING AMENDMENT.—The chapter analysis for
chapter 323 of title 49, United States Code, is amended by inserting
after the item relating to section 32304 the following:

Penalties.

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‘‘32304A. Consumer tire information’’.

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PUBLIC LAW 110–140—DEC. 19, 2007

SEC. 112. USE OF CIVIL PENALTIES FOR RESEARCH AND DEVELOPMENT.

Section 32912 of title 49, United States Code, is amended
by adding at the end the following:
‘‘(e) USE OF CIVIL PENALTIES.—For fiscal year 2008 and each
fiscal year thereafter, from the total amount deposited in the general
fund of the Treasury during the preceding fiscal year from fines,
penalties, and other funds obtained through enforcement actions
conducted pursuant to this section (including funds obtained under
consent decrees), the Secretary of the Treasury, subject to the
availability of appropriations, shall—
‘‘(1) transfer 50 percent of such total amount to the account
providing appropriations to the Secretary of Transportation
for the administration of this chapter, which shall be used
by the Secretary to support rulemaking under this chapter;
and
‘‘(2) transfer 50 percent of such total amount to the account
providing appropriations to the Secretary of Transportation
for the administration of this chapter, which shall be used
by the Secretary to carry out a program to make grants to
manufacturers for retooling, reequipping, or expanding existing
manufacturing facilities in the United States to produce
advanced technology vehicles and components.’’.
SEC. 113. EXEMPTION FROM SEPARATE CALCULATION REQUIREMENT.

49 USC 32904
note.

(a) REPEAL.—Paragraphs (6), (7), and (8) of section 32904(b)
of title 49, United States Code, are repealed.
(b) EFFECT OF REPEAL ON EXISTING EXEMPTIONS.—Any exemption granted under section 32904(b)(6) of title 49, United States
Code, prior to the date of the enactment of this Act shall remain
in effect subject to its terms through model year 2013.
(c) ACCRUAL AND USE OF CREDITS.—Any manufacturer holding
an exemption under section 32904(b)(6) of title 49, United States
Code, prior to the date of the enactment of this Act may accrue
and use credits under sections 32903 and 32905 of such title beginning with model year 2011.

Subtitle B—Improved Vehicle Technology

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42 USC 17011.

SEC. 131. TRANSPORTATION ELECTRIFICATION.

(a) DEFINITIONS.—In this section:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Environmental Protection Agency.
(2) BATTERY.—The term ‘‘battery’’ means an electrochemical
energy storage system powered directly by electrical current.
(3) ELECTRIC TRANSPORTATION TECHNOLOGY.—The term
‘‘electric transportation technology’’ means—
(A) technology used in vehicles that use an electric
motor for all or part of the motive power of the vehicles,
including battery electric, hybrid electric, plug-in hybrid
electric, fuel cell, and plug-in fuel cell vehicles, or rail
transportation; or
(B) equipment relating to transportation or mobile
sources of air pollution that use an electric motor to replace
an internal combustion engine for all or part of the work
of the equipment, including—

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121 STAT. 1509

(i) corded electric equipment linked to transportation or mobile sources of air pollution; and
(ii) electrification technologies at airports, ports,
truck stops, and material-handling facilities.
(4) NONROAD VEHICLE.—The term ‘‘nonroad vehicle’’ means
a vehicle—
(A) powered—
(i) by a nonroad engine, as that term is defined
in section 216 of the Clean Air Act (42 U.S.C. 7550);
or
(ii) fully or partially by an electric motor powered
by a fuel cell, a battery, or an off-board source of
electricity; and
(B) that is not a motor vehicle or a vehicle used solely
for competition.
(5) PLUG-IN ELECTRIC DRIVE VEHICLE.—The term ‘‘plugin electric drive vehicle’’ means a vehicle that—
(A) draws motive power from a battery with a capacity
of at least 4 kilowatt-hours;
(B) can be recharged from an external source of electricity for motive power; and
(C) is a light-, medium-, or heavy-duty motor vehicle
or nonroad vehicle (as those terms are defined in section
216 of the Clean Air Act (42 U.S.C. 7550)).
(6) QUALIFIED ELECTRIC TRANSPORTATION PROJECT.—The
term ‘‘qualified electric transportation project’’ means an electric
transportation technology project that would significantly
reduce emissions of criteria pollutants, greenhouse gas emissions, and petroleum, including—
(A) shipside or shoreside electrification for vessels;
(B) truck-stop electrification;
(C) electric truck refrigeration units;
(D) battery-powered auxiliary power units for trucks;
(E) electric airport ground support equipment;
(F) electric material and cargo handling equipment;
(G) electric or dual-mode electric rail;
(H) any distribution upgrades needed to supply electricity to the project; and
(I) any ancillary infrastructure, including panel
upgrades, battery chargers, in-situ transformers, and
trenching.
(b) PLUG-IN ELECTRIC DRIVE VEHICLE PROGRAM.—
(1) ESTABLISHMENT.—The Secretary shall establish a
competitive program to provide grants on a cost-shared basis
to State governments, local governments, metropolitan
transportation authorities, air pollution control districts, private
or nonprofit entities, or combinations of those governments,
authorities, districts, and entities, to carry out one or more
projects to encourage the use of plug-in electric drive vehicles
or other emerging electric vehicle technologies, as determined
by the Secretary.
(2) ADMINISTRATION.—The Secretary shall, in consultation
with the Secretary of Transportation and the Administrator,
establish requirements for applications for grants under this
section, including reporting of data to be summarized for
dissemination to grantees and the public, including safety,

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Applicability.

Grants.
Deadline.

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Applicability.

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PUBLIC LAW 110–140—DEC. 19, 2007

vehicle, and component performance, and vehicle and component life cycle costs.
(3) PRIORITY.—In making awards under this subsection,
the Secretary shall—
(A) give priority consideration to applications that—
(i) encourage early widespread use of vehicles
described in paragraph (1); and
(ii) are likely to make a significant contribution
to the advancement of the production of the vehicles
in the United States; and
(B) ensure, to the maximum extent practicable, that
the program established under this subsection includes
a variety of applications, manufacturers, and end-uses.
(4) REPORTING.—The Secretary shall require a grant
recipient under this subsection to submit to the Secretary,
on an annual basis, data relating to safety, vehicle performance,
life cycle costs, and emissions of vehicles demonstrated under
the grant, including emissions of greenhouse gases.
(5) COST SHARING.—Section 988 of the Energy Policy Act
of 2005 (42 U.S.C. 16352) shall apply to a grant made under
this subsection.
(6) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $90,000,000
for each of fiscal years 2008 through 2012, of which not less
than 1⁄3 of the total amount appropriated shall be available
each fiscal year to make grants to local and municipal governments.
(c) NEAR-TERM TRANSPORTATION SECTOR ELECTRIFICATION PROGRAM.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary, in consultation with
the Secretary of Transportation and the Administrator, shall
establish a program to provide grants for the conduct of qualified electric transportation projects.
(2) PRIORITY.—In providing grants under this subsection,
the Secretary shall give priority to large-scale projects and
large-scale aggregators of projects.
(3) COST SHARING.—Section 988 of the Energy Policy Act
of 2005 (42 U.S.C. 16352) shall apply to a grant made under
this subsection.
(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $95,000,000
for each of fiscal years 2008 through 2013.
(d) EDUCATION PROGRAM.—
(1) IN GENERAL.—The Secretary shall develop a nationwide
electric drive transportation technology education program
under which the Secretary shall provide—
(A) teaching materials to secondary schools and high
schools; and
(B) assistance for programs relating to electric drive
system and component engineering to institutions of higher
education.
(2) ELECTRIC VEHICLE COMPETITION.—The program established under paragraph (1) shall include a plug-in hybrid electric vehicle competition for institutions of higher education,
which shall be known as the ‘‘Dr. Andrew Frank Plug-In Electric Vehicle Competition’’.

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(3) ENGINEERS.—In carrying out the program established
under paragraph (1), the Secretary shall provide financial
assistance to institutions of higher education to create new,
or support existing, degree programs to ensure the availability
of trained electrical and mechanical engineers with the skills
necessary for the advancement of—
(A) plug-in electric drive vehicles; and
(B) other forms of electric drive transportation technology vehicles.
(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to
carry out this subsection.
SEC. 132. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM.

Section 712 of the Energy Policy Act of 2005 (42 U.S.C. 16062)
is amended to read as follows:
‘‘SEC. 712. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM.

‘‘(a) PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall establish a program
to encourage domestic production and sales of efficient hybrid
and advanced diesel vehicles and components of those vehicles.
‘‘(2) INCLUSIONS.—The program shall include grants to
automobile manufacturers and suppliers and hybrid component
manufacturers to encourage domestic production of efficient
hybrid, plug-in electric hybrid, plug-in electric drive, and
advanced diesel vehicles.
‘‘(3) PRIORITY.—Priority shall be given to the refurbishment
or retooling of manufacturing facilities that have recently
ceased operation or will cease operation in the near future.
‘‘(b) COORDINATION WITH STATE AND LOCAL PROGRAMS.—The
Secretary may coordinate implementation of this section with State
and local programs designed to accomplish similar goals, including
the retention and retraining of skilled workers from the manufacturing facilities, including by establishing matching grant arrangements.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary such sums as may be necessary
to carry out this section.’’.

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SEC. 133. INCLUSION OF ELECTRIC DRIVE IN ENERGY POLICY ACT
OF 1992.

Section 508 of the Energy Policy Act of 1992 (42 U.S.C. 13258)
is amended—
(1) by redesignating subsections (a) through (d) as subsections (b) through (e), respectively;
(2) by inserting before subsection (b) the following:
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) FUEL CELL ELECTRIC VEHICLE.—The term ‘fuel cell
electric vehicle’ means an on-road or non-road vehicle that
uses a fuel cell (as defined in section 803 of the Spark M.
Matsunaga Hydrogen Act of 2005 (42 U.S.C. 16152)).
‘‘(2) HYBRID ELECTRIC VEHICLE.—The term ‘hybrid electric
vehicle’ means a new qualified hybrid motor vehicle (as defined
in section 30B(d)(3) of the Internal Revenue Code of 1986).

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‘‘(3) MEDIUM- OR HEAVY-DUTY ELECTRIC VEHICLE.—The term
‘medium- or heavy-duty electric vehicle’ means an electric,
hybrid electric, or plug-in hybrid electric vehicle with a gross
vehicle weight of more than 8,501 pounds.
‘‘(4) NEIGHBORHOOD ELECTRIC VEHICLE.—The term
‘neighborhood electric vehicle’ means a 4-wheeled on-road or
nonroad vehicle that—
‘‘(A) has a top attainable speed in 1 mile of more
than 20 mph and not more than 25 mph on a paved
level surface; and
‘‘(B) is propelled by an electric motor and on-board,
rechargeable energy storage system that is rechargeable
using an off-board source of electricity.
‘‘(5) PLUG-IN ELECTRIC DRIVE VEHICLE.—The term ‘plugin electric drive vehicle’ means a vehicle that—
‘‘(A) draws motive power from a battery with a capacity
of at least 4 kilowatt-hours;
‘‘(B) can be recharged from an external source of electricity for motive power; and
‘‘(C) is a light-, medium-, or heavy duty motor vehicle
or nonroad vehicle (as those terms are defined in section
216 of the Clean Air Act (42 U.S.C. 7550)).’’;
(3) in subsection (b) (as redesignated by paragraph (1))—
(A) by striking ‘‘The Secretary’’ and inserting the following:
‘‘(1) ALLOCATION.—The Secretary’’; and
(B) by adding at the end the following:
‘‘(2) ELECTRIC VEHICLES.—Not later than January 31, 2009,
the Secretary shall—
‘‘(A) allocate credit in an amount to be determined
by the Secretary for—
‘‘(i) acquisition of—
‘‘(I) a hybrid electric vehicle;
‘‘(II) a plug-in electric drive vehicle;
‘‘(III) a fuel cell electric vehicle;
‘‘(IV) a neighborhood electric vehicle; or
‘‘(V) a medium- or heavy-duty electric vehicle;
and
‘‘(ii) investment in qualified alternative fuel infrastructure or nonroad equipment, as determined by the
Secretary; and
‘‘(B) allocate more than 1, but not to exceed 5, credits
for investment in an emerging technology relating to any
vehicle described in subparagraph (A) to encourage—
‘‘(i) a reduction in petroleum demand;
‘‘(ii) technological advancement; and
‘‘(iii) a reduction in vehicle emissions.’’;
(4) in subsection (c) (as redesignated by paragraph (1)),
by striking ‘‘subsection (a)’’ and inserting ‘‘subsection (b)’’; and
(5) by adding at the end the following:
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section for each of fiscal years 2008 through 2013.’’.

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SEC. 134. LOAN GUARANTEES FOR FUEL-EFFICIENT AUTOMOBILE
PARTS MANUFACTURERS.

(a) IN GENERAL.—Section 712(a)(2) of the Energy Policy Act
of 2005 (42 U.S.C. 16062(a)(2)) (as amended by section 132) is
amended by inserting ‘‘and loan guarantees under section 1703’’
after ‘‘grants’’.
(b) CONFORMING AMENDMENT.—Section 1703(b) of the Energy
Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by striking
paragraph (8) and inserting the following:
‘‘(8) Production facilities for the manufacture of fuel efficient vehicles or parts of those vehicles, including electric drive
vehicles and advanced diesel vehicles.’’.

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SEC. 135. ADVANCED BATTERY LOAN GUARANTEE PROGRAM.

42 USC 17012.

(a) ESTABLISHMENT OF PROGRAM.—The Secretary shall establish a program to provide guarantees of loans by private institutions
for the construction of facilities for the manufacture of advanced
vehicle batteries and battery systems that are developed and produced in the United States, including advanced lithium ion batteries
and hybrid electrical system and component manufacturers and
software designers.
(b) REQUIREMENTS.—The Secretary may provide a loan guarantee under subsection (a) to an applicant if—
(1) without a loan guarantee, credit is not available to
the applicant under reasonable terms or conditions sufficient
to finance the construction of a facility described in subsection
(a);
(2) the prospective earning power of the applicant and
the character and value of the security pledged provide a
reasonable assurance of repayment of the loan to be guaranteed
in accordance with the terms of the loan; and
(3) the loan bears interest at a rate determined by the
Secretary to be reasonable, taking into account the current
average yield on outstanding obligations of the United States
with remaining periods of maturity comparable to the maturity
of the loan.
(c) CRITERIA.—In selecting recipients of loan guarantees from
among applicants, the Secretary shall give preference to proposals
that—
(1) meet all applicable Federal and State permitting
requirements;
(2) are most likely to be successful; and
(3) are located in local markets that have the greatest
need for the facility.
(d) MATURITY.—A loan guaranteed under subsection (a) shall
have a maturity of not more than 20 years.
(e) TERMS AND CONDITIONS.—The loan agreement for a loan
guaranteed under subsection (a) shall provide that no provision
of the loan agreement may be amended or waived without the
consent of the Secretary.
(f) ASSURANCE OF REPAYMENT.—The Secretary shall require
that an applicant for a loan guarantee under subsection (a) provide
an assurance of repayment in the form of a performance bond,
insurance, collateral, or other means acceptable to the Secretary
in an amount equal to not less than 20 percent of the amount
of the loan.

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(g) GUARANTEE FEE.—The recipient of a loan guarantee under
subsection (a) shall pay the Secretary an amount determined by
the Secretary to be sufficient to cover the administrative costs
of the Secretary relating to the loan guarantee.
(h) FULL FAITH AND CREDIT.—The full faith and credit of the
United States is pledged to the payment of all guarantees made
under this section. Any such guarantee made by the Secretary
shall be conclusive evidence of the eligibility of the loan for the
guarantee with respect to principal and interest. The validity of
the guarantee shall be incontestable in the hands of a holder
of the guaranteed loan.
(i) REPORTS.—Until each guaranteed loan under this section
has been repaid in full, the Secretary shall annually submit to
Congress a report on the activities of the Secretary under this
section.
(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.
(k) TERMINATION OF AUTHORITY.—The authority of the Secretary to issue a loan guarantee under subsection (a) terminates
on the date that is 10 years after the date of enactment of this
Act.

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42 USC 17013.

SEC.

136.

ADVANCED TECHNOLOGY
INCENTIVE PROGRAM.

VEHICLES

MANUFACTURING

(a) DEFINITIONS.—In this section:
(1) ADVANCED TECHNOLOGY VEHICLE.—The term ‘‘advanced
technology vehicle’’ means a light duty vehicle that meets—
(A) the Bin 5 Tier II emission standard established
in regulations issued by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean
Air Act (42 U.S.C. 7521(i)), or a lower-numbered Bin emission standard;
(B) any new emission standard in effect for fine particulate matter prescribed by the Administrator under that
Act (42 U.S.C. 7401 et seq.); and
(C) at least 125 percent of the average base year combined fuel economy for vehicles with substantially similar
attributes.
(2) COMBINED FUEL ECONOMY.—The term ‘‘combined fuel
economy’’ means—
(A) the combined city/highway miles per gallon values,
as reported in accordance with section 32904 of title 49,
United States Code; and
(B) in the case of an electric drive vehicle with the
ability to recharge from an off-board source, the reported
mileage, as determined in a manner consistent with the
Society of Automotive Engineers recommended practice for
that configuration or a similar practice recommended by
the Secretary.
(3)
ENGINEERING
INTEGRATION
COSTS.—The
term
‘‘engineering integration costs’’ includes the cost of engineering
tasks relating to—
(A) incorporating qualifying components into the design
of advanced technology vehicles; and

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121 STAT. 1515

(B) designing tooling and equipment and developing
manufacturing processes and material suppliers for production facilities that produce qualifying components or
advanced technology vehicles.
(4) QUALIFYING COMPONENTS.—The term ‘‘qualifying components’’ means components that the Secretary determines to
be—
(A) designed for advanced technology vehicles; and
(B) installed for the purpose of meeting the performance requirements of advanced technology vehicles.
(b) ADVANCED VEHICLES MANUFACTURING FACILITY.—The Secretary shall provide facility funding awards under this section to
automobile manufacturers and component suppliers to pay not more
than 30 percent of the cost of—
(1) reequipping, expanding, or establishing a manufacturing facility in the United States to produce—
(A) qualifying advanced technology vehicles; or
(B) qualifying components; and
(2) engineering integration performed in the United States
of qualifying vehicles and qualifying components.
(c) PERIOD OF AVAILABILITY.—An award under subsection (b)
shall apply to—
(1) facilities and equipment placed in service before
December 30, 2020; and
(2) engineering integration costs incurred during the period
beginning on the date of enactment of this Act and ending
on December 30, 2020.
(d) DIRECT LOAN PROGRAM.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, and subject to the availability of
appropriated funds, the Secretary shall carry out a program
to provide a total of not more than $25,000,000,000 in loans
to eligible individuals and entities (as determined by the Secretary) for the costs of activities described in subsection (b).
(2) APPLICATION.—An applicant for a loan under this subsection shall submit to the Secretary an application at such
time, in such manner, and containing such information as
the Secretary may require, including a written assurance that—
(A) all laborers and mechanics employed by contractors
or subcontractors during construction, alteration, or repair
that is financed, in whole or in part, by a loan under
this section shall be paid wages at rates not less than
those prevailing on similar construction in the locality,
as determined by the Secretary of Labor in accordance
with sections 3141–3144, 3146, and 3147 of title 40, United
States Code; and
(B) the Secretary of Labor shall, with respect to the
labor standards described in this paragraph, have the
authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (5 U.S.C. App.) and section 3145
of title 40, United States Code.
(3) SELECTION OF ELIGIBLE PROJECTS.—The Secretary shall
select eligible projects to receive loans under this subsection
in cases in which, as determined by the Secretary, the award
recipient—
(A) is financially viable without the receipt of additional Federal funding associated with the proposed project;

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Applicability.

Deadline.

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(B) will provide sufficient information to the Secretary
for the Secretary to ensure that the qualified investment
is expended efficiently and effectively; and
(C) has met such other criteria as may be established
and published by the Secretary.
(4) RATES, TERMS, AND REPAYMENT OF LOANS.—A loan provided under this subsection—
(A) shall have an interest rate that, as of the date
on which the loan is made, is equal to the cost of funds
to the Department of the Treasury for obligations of comparable maturity;
(B) shall have a term equal to the lesser of—
(i) the projected life, in years, of the eligible project
to be carried out using funds from the loan, as determined by the Secretary; and
(ii) 25 years;
(C) may be subject to a deferral in repayment for
not more than 5 years after the date on which the eligible
project carried out using funds from the loan first begins
operations, as determined by the Secretary; and
(D) shall be made by the Federal Financing Bank.
(e) IMPROVEMENT.—The Secretary shall issue regulations that
require that, in order for an automobile manufacturer to be eligible
for an award or loan under this section during a particular year,
the adjusted average fuel economy of the manufacturer for light
duty vehicles produced by the manufacturer during the most recent
year for which data are available shall be not less than the average
fuel economy for all light duty vehicles of the manufacturer for
model year 2005. In order to determine fuel economy baselines
for eligibility of a new manufacturer or a manufacturer that has
not produced previously produced equivalent vehicles, the Secretary
may substitute industry averages.
(f) FEES.—Administrative costs shall be no more than $100,000
or 10 basis point of the loan.
(g) PRIORITY.—The Secretary shall, in making awards or loans
to those manufacturers that have existing facilities, give priority
to those facilities that are oldest or have been in existence for
at least 20 years. Such facilities can currently be sitting idle.
(h) SET ASIDE FOR SMALL AUTOMOBILE MANUFACTURERS AND
COMPONENT SUPPLIERS.—
(1) DEFINITION OF COVERED FIRM.—In this subsection, the
term ‘‘covered firm’’ means a firm that—
(A) employs less than 500 individuals; and
(B) manufactures automobiles or components of automobiles.
(2) SET ASIDE.—Of the amount of funds that are used
to provide awards for each fiscal year under subsection (b),
the Secretary shall use not less than 10 percent to provide
awards to covered firms or consortia led by a covered firm.
(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section for each of fiscal years 2008 through 2012.

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121 STAT. 1517

Subtitle C—Federal Vehicle Fleets

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SEC. 141. FEDERAL VEHICLE FLEETS.

Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 13212)
is amended—
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new subsection:
‘‘(f) VEHICLE EMISSION REQUIREMENTS.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) FEDERAL AGENCY.—The term ‘Federal agency’ does
not include any office of the legislative branch, except that
it does include the House of Representatives with respect
to an acquisition described in paragraph (2)(C).
‘‘(B) MEDIUM DUTY PASSENGER VEHICLE.—The term
‘medium duty passenger vehicle’ has the meaning given
that term section 523.2 of title 49 of the Code of Federal
Regulations, as in effect on the date of enactment of this
paragraph.
‘‘(C) MEMBER’S REPRESENTATIONAL ALLOWANCE.—The
term ‘Member’s Representational Allowance’ means the
allowance described in section 101(a) of the House of Representatives Administrative Reform Technical Corrections
Act (2 U.S.C. 57b(a)).
‘‘(2) PROHIBITION.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), no Federal agency shall acquire a light duty motor
vehicle or medium duty passenger vehicle that is not a
low greenhouse gas emitting vehicle.
‘‘(B) EXCEPTION.—The prohibition in subparagraph (A)
shall not apply to acquisition of a vehicle if the head
of the agency certifies in writing, in a separate certification
for each individual vehicle purchased, either—
‘‘(i) that no low greenhouse gas emitting vehicle
is available to meet the functional needs of the agency
and details in writing the functional needs that could
not be met with a low greenhouse gas emitting vehicle;
or
‘‘(ii) that the agency has taken specific alternative
more cost-effective measures to reduce petroleum
consumption that—
‘‘(I) have reduced a measured and verified
quantity of greenhouse gas emissions equal to or
greater than the quantity of greenhouse gas reductions that would have been achieved through
acquisition of a low greenhouse gas emitting
vehicle over the lifetime of the vehicle; or
‘‘(II) will reduce each year a measured and
verified quantity of greenhouse gas emissions
equal to or greater than the quantity of greenhouse
gas reductions that would have been achieved each
year through acquisition of a low greenhouse gas
emitting vehicle.
‘‘(C) SPECIAL RULE FOR VEHICLES PROVIDED BY FUNDS
CONTAINED IN MEMBERS’ REPRESENTATIONAL ALLOWANCE.—
This paragraph shall apply to the acquisition of a light

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PUBLIC LAW 110–140—DEC. 19, 2007
duty motor vehicle or medium duty passenger vehicle using
any portion of a Member’s Representational Allowance,
including an acquisition under a long-term lease.
‘‘(3) GUIDANCE.—
‘‘(A) IN GENERAL.—Each year, the Administrator of
the Environmental Protection Agency shall issue guidance
identifying the makes and model numbers of vehicles that
are low greenhouse gas emitting vehicles.
‘‘(B) CONSIDERATION.—In identifying vehicles under
subparagraph (A), the Administrator shall take into
account the most stringent standards for vehicle greenhouse gas emissions applicable to and enforceable against
motor vehicle manufacturers for vehicles sold anywhere
in the United States.
‘‘(C) REQUIREMENT.—The Administrator shall not identify any vehicle as a low greenhouse gas emitting vehicle
if the vehicle emits greenhouse gases at a higher rate
than such standards allow for the manufacturer’s fleet
average grams per mile of carbon dioxide-equivalent emissions for that class of vehicle, taking into account any
emissions allowances and adjustment factors such standards provide.’’.

SEC. 142. FEDERAL FLEET CONSERVATION REQUIREMENTS.

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

‘‘SEC. 400FF. FEDERAL FLEET CONSERVATION REQUIREMENTS.

‘‘(a) MANDATORY REDUCTION IN PETROLEUM CONSUMPTION.—
‘‘(1) IN GENERAL.—Not later than 18 months after the date
of enactment of this section, the Secretary shall issue regulations for Federal fleets subject to section 400AA to require
that, beginning in fiscal year 2010, each Federal agency shall
reduce petroleum consumption and increase alternative fuel
consumption each year by an amount necessary to meet the
goals described in paragraph (2).
‘‘(2) GOALS.—The goals of the requirements under paragraph (1) are that not later than October 1, 2015, and for
each year thereafter, each Federal agency shall achieve at
least a 20 percent reduction in annual petroleum consumption
and a 10 percent increase in annual alternative fuel consumption, as calculated from the baseline established by the Secretary for fiscal year 2005.
‘‘(3) MILESTONES.—The Secretary shall include in the regulations described in paragraph (1)—
‘‘(A) interim numeric milestones to assess annual
agency progress towards accomplishing the goals described
in that paragraph; and
‘‘(B) a requirement that agencies annually report on
progress towards meeting each of the milestones and the
2015 goals.
‘‘(b) PLAN.—
‘‘(1) REQUIREMENT.—
‘‘(A) IN GENERAL.—The regulations under subsection
(a) shall require each Federal agency to develop a plan,
and implement the measures specified in the plan by dates

Deadline.
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specified in the plan, to meet the required petroleum reduction levels and the alternative fuel consumption increases,
including the milestones specified by the Secretary.
‘‘(B) INCLUSIONS.—The plan shall—
‘‘(i) identify the specific measures the agency will
use to meet the requirements of subsection (a)(2); and
‘‘(ii) quantify the reductions in petroleum consumption or increases in alternative fuel consumption projected to be achieved by each measure each year.
‘‘(2) MEASURES.—The plan may allow an agency to meet
the required petroleum reduction level through—
‘‘(A) the use of alternative fuels;
‘‘(B) the acquisition of vehicles with higher fuel
economy, including hybrid vehicles, neighborhood electric
vehicles, electric vehicles, and plug-in hybrid vehicles if
the vehicles are commercially available;
‘‘(C) the substitution of cars for light trucks;
‘‘(D) an increase in vehicle load factors;
‘‘(E) a decrease in vehicle miles traveled;
‘‘(F) a decrease in fleet size; and
‘‘(G) other measures.’’.

TITLE II—ENERGY SECURITY THROUGH
INCREASED PRODUCTION OF BIOFUELS
Subtitle A—Renewable Fuel Standard

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SEC. 201. DEFINITIONS.

Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)) is
amended to read as follows:
‘‘(1) DEFINITIONS.—In this section:
‘‘(A) ADDITIONAL RENEWABLE FUEL.—The term ‘additional renewable fuel’ means fuel that is produced from
renewable biomass and that is used to replace or reduce
the quantity of fossil fuel present in home heating oil
or jet fuel.
‘‘(B) ADVANCED BIOFUEL.—
‘‘(i) IN GENERAL.—The term ‘advanced biofuel’
means renewable fuel, other than ethanol derived from
corn starch, that has lifecycle greenhouse gas emissions, as determined by the Administrator, after notice
and opportunity for comment, that are at least 50
percent less than baseline lifecycle greenhouse gas
emissions.
‘‘(ii) INCLUSIONS.—The types of fuels eligible for
consideration as ‘advanced biofuel’ may include any
of the following:
‘‘(I) Ethanol derived from cellulose, hemicellulose, or lignin.
‘‘(II) Ethanol derived from sugar or starch
(other than corn starch).
‘‘(III) Ethanol derived from waste material,
including crop residue, other vegetative waste
material, animal waste, and food waste and yard
waste.

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‘‘(IV) Biomass-based diesel.
‘‘(V) Biogas (including landfill gas and sewage
waste treatment gas) produced through the conversion of organic matter from renewable biomass.
‘‘(VI) Butanol or other alcohols produced
through the conversion of organic matter from
renewable biomass.
‘‘(VII) Other fuel derived from cellulosic biomass.
‘‘(C) BASELINE LIFECYCLE GREENHOUSE GAS EMISSIONS.—The term ‘baseline lifecycle greenhouse gas emissions’ means the average lifecycle greenhouse gas emissions, as determined by the Administrator, after notice
and opportunity for comment, for gasoline or diesel (whichever is being replaced by the renewable fuel) sold or distributed as transportation fuel in 2005.
‘‘(D) BIOMASS-BASED DIESEL.—The term ‘biomass-based
diesel’ means renewable fuel that is biodiesel as defined
in section 312(f) of the Energy Policy Act of 1992 (42
U.S.C. 13220(f)) and that has lifecycle greenhouse gas emissions, as determined by the Administrator, after notice
and opportunity for comment, that are at least 50 percent
less than the baseline lifecycle greenhouse gas emissions.
Notwithstanding the preceding sentence, renewable fuel
derived from co-processing biomass with a petroleum feedstock shall be advanced biofuel if it meets the requirements
of subparagraph (B), but is not biomass-based diesel.
‘‘(E) CELLULOSIC BIOFUEL.—The term ‘cellulosic biofuel’
means renewable fuel derived from any cellulose, hemicellulose, or lignin that is derived from renewable biomass
and that has lifecycle greenhouse gas emissions, as determined by the Administrator, that are at least 60 percent
less than the baseline lifecycle greenhouse gas emissions.
‘‘(F) CONVENTIONAL BIOFUEL.—The term ‘conventional
biofuel’ means renewable fuel that is ethanol derived from
corn starch.
‘‘(G) GREENHOUSE GAS.—The term ‘greenhouse gas’
means carbon dioxide, hydrofluorocarbons, methane,
nitrous oxide, perfluorocarbons, sulfur hexafluoride. The
Administrator may include any other anthropogenicallyemitted gas that is determined by the Administrator, after
notice and comment, to contribute to global warming.
‘‘(H) LIFECYCLE GREENHOUSE GAS EMISSIONS.—The
term ‘lifecycle greenhouse gas emissions’ means the aggregate quantity of greenhouse gas emissions (including direct
emissions and significant indirect emissions such as significant emissions from land use changes), as determined by
the Administrator, related to the full fuel lifecycle,
including all stages of fuel and feedstock production and
distribution, from feedstock generation or extraction
through the distribution and delivery and use of the finished fuel to the ultimate consumer, where the mass values
for all greenhouse gases are adjusted to account for their
relative global warming potential.
‘‘(I) RENEWABLE BIOMASS.—The term ‘renewable biomass’ means each of the following:

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‘‘(i) Planted crops and crop residue harvested from
agricultural land cleared or cultivated at any time
prior to the enactment of this sentence that is either
actively managed or fallow, and nonforested.
‘‘(ii) Planted trees and tree residue from actively
managed tree plantations on non-federal land cleared
at any time prior to enactment of this sentence,
including land belonging to an Indian tribe or an
Indian individual, that is held in trust by the United
States or subject to a restriction against alienation
imposed by the United States.
‘‘(iii) Animal waste material and animal
byproducts.
‘‘(iv) Slash and pre-commercial thinnings that are
from non-federal forestlands, including forestlands
belonging to an Indian tribe or an Indian individual,
that are held in trust by the United States or subject
to a restriction against alienation imposed by the
United States, but not forests or forestlands that are
ecological communities with a global or State ranking
of critically imperiled, imperiled, or rare pursuant to
a State Natural Heritage Program, old growth forest,
or late successional forest.
‘‘(v) Biomass obtained from the immediate vicinity
of buildings and other areas regularly occupied by
people, or of public infrastructure, at risk from wildfire.
‘‘(vi) Algae.
‘‘(vii) Separated yard waste or food waste,
including recycled cooking and trap grease.
‘‘(J) RENEWABLE FUEL.—The term ‘renewable fuel’
means fuel that is produced from renewable biomass and
that is used to replace or reduce the quantity of fossil
fuel present in a transportation fuel.
‘‘(K) SMALL REFINERY.—The term ‘small refinery’
means a refinery for which the average aggregate daily
crude oil throughput for a calendar year (as determined
by dividing the aggregate throughput for the calendar year
by the number of days in the calendar year) does not
exceed 75,000 barrels.
‘‘(L) TRANSPORTATION FUEL.—The term ‘transportation
fuel’ means fuel for use in motor vehicles, motor vehicle
engines, nonroad vehicles, or nonroad engines (except for
ocean-going vessels).’’.

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SEC. 202. RENEWABLE FUEL STANDARD.

(a) RENEWABLE FUEL PROGRAM.—Paragraph (2) of section
211(o) (42 U.S.C. 7545(o)(2)) of the Clean Air Act is amended
as follows:
(1) REGULATIONS.—Clause (i) of subparagraph (A) is
amended by adding the following at the end thereof: ‘‘Not
later than 1 year after the date of enactment of this sentence,
the Administrator shall revise the regulations under this paragraph to ensure that transportation fuel sold or introduced
into commerce in the United States (except in noncontiguous
States or territories), on an annual average basis, contains
at least the applicable volume of renewable fuel, advanced
biofuel, cellulosic biofuel, and biomass-based diesel, determined

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PUBLIC LAW 110–140—DEC. 19, 2007
in accordance with subparagraph (B) and, in the case of any
such renewable fuel produced from new facilities that commence
construction after the date of enactment of this sentence,
achieves at least a 20 percent reduction in lifecycle greenhouse
gas emissions compared to baseline lifecycle greenhouse gas
emissions.’’.
(2) APPLICABLE VOLUMES OF RENEWABLE FUEL.—Subparagraph (B) is amended to read as follows:
‘‘(B) APPLICABLE VOLUMES.—
‘‘(i) CALENDAR YEARS AFTER 2005.—
‘‘(I) RENEWABLE FUEL.—For the purpose of
subparagraph (A), the applicable volume of renewable fuel for the calendar years 2006 through 2022
shall be determined in accordance with the following table:
Applicable
volume of
renewable
fuel
‘‘Calendar year:
(in billions of
gallons):
2006 ..............................................................................
4.0
2007 ..............................................................................
4.7
2008 ..............................................................................
9.0
2009 ..............................................................................
11.1
2010 .............................................................................. 12.95
2011 .............................................................................. 13.95
2012 ..............................................................................
15.2
2013 .............................................................................. 16.55
2014 .............................................................................. 18.15
2015 ..............................................................................
20.5
2016 .............................................................................. 22.25
2017 ..............................................................................
24.0
2018 ..............................................................................
26.0
2019 ..............................................................................
28.0
2020 ..............................................................................
30.0
2021 ..............................................................................
33.0
2022 ..............................................................................
36.0

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‘‘(II) ADVANCED BIOFUEL.—For the purpose of
subparagraph (A), of the volume of renewable fuel
required under subclause (I), the applicable volume
of advanced biofuel for the calendar years 2009
through 2022 shall be determined in accordance
with the following table:
Applicable
volume of
advanced
biofuel
‘‘Calendar year:
(in billions of
gallons):
2009 ..............................................................................
0.6
2010 ..............................................................................
0.95
2011 ..............................................................................
1.35
2012 ..............................................................................
2.0
2013 ..............................................................................
2.75
2014 ..............................................................................
3.75
2015 ..............................................................................
5.5
2016 ..............................................................................
7.25
2017 ..............................................................................
9.0
2018 ..............................................................................
11.0
2019 ..............................................................................
13.0
2020 ..............................................................................
15.0
2021 ..............................................................................
18.0
2022 ..............................................................................
21.0

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121 STAT. 1523

‘‘(III) CELLULOSIC BIOFUEL.—For the purpose
of subparagraph (A), of the volume of advanced
biofuel required under subclause (II), the
applicable volume of cellulosic biofuel for the calendar years 2010 through 2022 shall be determined in accordance with the following table:
Applicable
volume of
cellulosic
biofuel
‘‘Calendar year:
(in billions of
gallons):
2010 ..............................................................................
0.1
2011 ..............................................................................
0.25
2012 ..............................................................................
0.5
2013 ..............................................................................
1.0
2014 ..............................................................................
1.75
2015 ..............................................................................
3.0
2016 ..............................................................................
4.25
2017 ..............................................................................
5.5
2018 ..............................................................................
7.0
2019 ..............................................................................
8.5
2020 ..............................................................................
10.5
2021 ..............................................................................
13.5
2022 ..............................................................................
16.0

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

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Applicable
volume of
biomassbased diesel
‘‘Calendar year:
(in billions of
gallons):
2009 ..............................................................................
0.5
2010 ..............................................................................
0.65
2011 ..............................................................................
0.80
2012 ..............................................................................
1.0

‘‘(ii) OTHER CALENDAR YEARS.—For the purposes
of subparagraph (A), the applicable volumes of each
fuel specified in the tables in clause (i) for calendar
years after the calendar years specified in the tables
shall be determined by the Administrator, in coordination with the Secretary of Energy and the Secretary
of Agriculture, based on a review of the implementation
of the program during calendar years specified in the
tables, and an analysis of—
‘‘(I) the impact of the production and use of
renewable fuels on the environment, including on
air quality, climate change, conversion of wetlands,
ecosystems, wildlife habitat, water quality, and
water supply;
‘‘(II) the impact of renewable fuels on the
energy security of the United States;
‘‘(III) the expected annual rate of future
commercial production of renewable fuels,
including advanced biofuels in each category (cellulosic biofuel and biomass-based diesel);

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‘‘(IV) the impact of renewable fuels on the
infrastructure of the United States, including
deliverability of materials, goods, and products
other than renewable fuel, and the sufficiency of
infrastructure to deliver and use renewable fuel;
‘‘(V) the impact of the use of renewable fuels
on the cost to consumers of transportation fuel
and on the cost to transport goods; and
‘‘(VI) the impact of the use of renewable fuels
on other factors, including job creation, the price
and supply of agricultural commodities, rural economic development, and food prices.
The Administrator shall promulgate rules establishing
the applicable volumes under this clause no later than
14 months before the first year for which such
applicable volume will apply.
‘‘(iii) APPLICABLE VOLUME OF ADVANCED BIOFUEL.—
For the purpose of making the determinations in clause
(ii), for each calendar year, the applicable volume of
advanced biofuel shall be at least the same percentage
of the applicable volume of renewable fuel as in calendar year 2022.
VOLUME
OF
CELLULOSIC
‘‘(iv)
APPLICABLE
BIOFUEL.—For the purpose of making the determinations in clause (ii), for each calendar year, the
applicable volume of cellulosic biofuel established by
the Administrator shall be based on the assumption
that the Administrator will not need to issue a waiver
for such years under paragraph (7)(D).
‘‘(v) MINIMUM APPLICABLE VOLUME OF BIOMASSBASED DIESEL.—For the purpose of making the determinations in clause (ii), the applicable volume of biomass-based diesel shall not be less than the applicable
volume listed in clause (i)(IV) for calendar year 2012.’’.
(b) APPLICABLE PERCENTAGES.—Paragraph (3) of section 211(o)
of the Clean Air Act (42 U.S.C. 7545(o)(3)) is amended as follows:
(1) In subparagraph (A), by striking ‘‘2011’’ and inserting
‘‘2021’’.
(2) In subparagraph (A), by striking ‘‘gasoline’’ and
inserting ‘‘transportation fuel, biomass-based diesel, and cellulosic biofuel’’.
(3) In subparagraph (B), by striking ‘‘2012’’ and inserting
‘‘2021’’ in clause (i).
(4) In subparagraph (B), by striking ‘‘gasoline’’ and
inserting ‘‘transportation fuel’’ in clause (ii)(II).
(c) MODIFICATION OF GREENHOUSE GAS PERCENTAGES.—Paragraph (4) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(4))
is amended to read as follows:
‘‘(4) MODIFICATION OF GREENHOUSE GAS REDUCTION
PERCENTAGES.—
‘‘(A) IN GENERAL.—The Administrator may, in the regulations under the last sentence of paragraph (2)(A)(i), adjust
the 20 percent, 50 percent, and 60 percent reductions in
lifecycle greenhouse gas emissions specified in paragraphs
(2)(A)(i) (relating to renewable fuel), (1)(D) (relating to biomass-based diesel), (1)(B)(i) (relating to advanced biofuel),

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121 STAT. 1525

and (1)(E) (relating to cellulosic biofuel) to a lower percentage. For the 50 and 60 percent reductions, the Administrator may make such an adjustment only if he determines
that generally such reduction is not commercially feasible
for fuels made using a variety of feedstocks, technologies,
and processes to meet the applicable reduction.
‘‘(B) AMOUNT OF ADJUSTMENT.—In promulgating regulations under this paragraph, the specified 50 percent
reduction in greenhouse gas emissions from advanced
biofuel and in biomass-based diesel may not be reduced
below 40 percent. The specified 20 percent reduction in
greenhouse gas emissions from renewable fuel may not
be reduced below 10 percent, and the specified 60 percent
reduction in greenhouse gas emissions from cellulosic
biofuel may not be reduced below 50 percent.
‘‘(C) ADJUSTED REDUCTION LEVELS.—An adjustment
under this paragraph to a percent less than the specified
20 percent greenhouse gas reduction for renewable fuel
shall be the minimum possible adjustment, and the
adjusted greenhouse gas reduction shall be established by
the Administrator at the maximum achievable level, taking
cost in consideration, for natural gas fired corn-based ethanol plants, allowing for the use of a variety of technologies
and processes. An adjustment in the 50 or 60 percent
greenhouse gas levels shall be the minimum possible
adjustment for the fuel or fuels concerned, and the adjusted
greenhouse gas reduction shall be established at the maximum achievable level, taking cost in consideration,
allowing for the use of a variety of feedstocks, technologies,
and processes.
‘‘(D) 5-YEAR REVIEW.—Whenever the Administrator
makes any adjustment under this paragraph, not later
than 5 years thereafter he shall review and revise (based
upon the same criteria and standards as required for the
initial adjustment) the regulations establishing the
adjusted level.
‘‘(E) SUBSEQUENT ADJUSTMENTS.—After the Administrator has promulgated a final rule under the last sentence
of paragraph (2)(A)(i) with respect to the method of determining lifecycle greenhouse gas emissions, except as provided in subparagraph (D), the Administrator may not
adjust the percent greenhouse gas reduction levels unless
he determines that there has been a significant change
in the analytical methodology used for determining the
lifecycle greenhouse gas emissions. If he makes such determination, he may adjust the 20, 50, or 60 percent reduction
levels through rulemaking using the criteria and standards
set forth in this paragraph.
‘‘(F) LIMIT ON UPWARD ADJUSTMENTS.—If, under
subparagraph (D) or (E), the Administrator revises a percent level adjusted as provided in subparagraphs (A), (B),
and (C) to a higher percent, such higher percent may
not exceed the applicable percent specified in paragraph
(2)(A)(i), (1)(D), (1)(B)(i), or (1)(E).
‘‘(G) APPLICABILITY OF ADJUSTMENTS.—If the Administrator adjusts, or revises, a percent level referred to in

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this paragraph or makes a change in the analytical methodology used for determining the lifecycle greenhouse gas
emissions, such adjustment, revision, or change (or any
combination thereof) shall only apply to renewable fuel
from new facilities that commence construction after the
effective date of such adjustment, revision, or change.’’.
(d) CREDITS FOR ADDITIONAL RENEWABLE FUEL.—Paragraph
(5) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(5))
is amended by adding the following new subparagraph at the end
thereof:
‘‘(E) CREDITS FOR ADDITIONAL RENEWABLE FUEL.—The
Administrator may issue regulations providing: (i) for the
generation of an appropriate amount of credits by any
person that refines, blends, or imports additional renewable
fuels specified by the Administrator; and (ii) for the use
of such credits by the generator, or the transfer of all
or a portion of the credits to another person, for the purpose
of complying with paragraph (2).’’.
(e) WAIVERS.—
(1) IN GENERAL.—Paragraph (7)(A) of section 211(o) of the
Clean Air Act (42 U.S.C. 7545(o)(7)(A)) is amended by inserting
‘‘, by any person subject to the requirements of this subsection,
or by the Administrator on his own motion’’ after ‘‘one or
more States’’ in subparagraph (A) and by striking out ‘‘State’’
in subparagraph (B).
(2) CELLULOSIC BIOFUEL.—Paragraph (7) of section 211(o)
of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by
adding the following at the end thereof:
‘‘(D) CELLULOSIC BIOFUEL.—(i) For any calendar year
for which the projected volume of cellulosic biofuel production is less than the minimum applicable volume established under paragraph (2)(B), as determined by the
Administrator based on the estimate provided under paragraph (3)(A), not later than November 30 of the preceding
calendar year, the Administrator shall reduce the
applicable volume of cellulosic biofuel required under paragraph (2)(B) to the projected volume available during that
calendar year. For any calendar year in which the Administrator makes such a reduction, the Administrator may also
reduce the applicable volume of renewable fuel and
advanced biofuels requirement established under paragraph (2)(B) by the same or a lesser volume.
‘‘(ii) Whenever the Administrator reduces the minimum
cellulosic biofuel volume under this subparagraph, the
Administrator shall make available for sale cellulosic
biofuel credits at the higher of $0.25 per gallon or the
amount by which $3.00 per gallon exceeds the average
wholesale price of a gallon of gasoline in the United States.
Such amounts shall be adjusted for inflation by the
Administrator for years after 2008.
‘‘(iii) Eighteen months after the date of enactment of
this subparagraph, the Administrator shall promulgate
regulations to govern the issuance of credits under this
subparagraph. The regulations shall set forth the method
for determining the exact price of credits in the event
of a waiver. The price of such credits shall not be changed
more frequently than once each quarter. These regulations

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121 STAT. 1527

shall include such provisions, including limiting the credits’
uses and useful life, as the Administrator deems appropriate to assist market liquidity and transparency, to provide appropriate certainty for regulated entities and renewable fuel producers, and to limit any potential misuse of
cellulosic biofuel credits to reduce the use of other renewable fuels, and for such other purposes as the Administrator
determines will help achieve the goals of this subsection.
The regulations shall limit the number of cellulosic biofuel
credits for any calendar year to the minimum applicable
volume (as reduced under this subparagraph) of cellulosic
biofuel for that year.’’.
(3) BIOMASS-BASED DIESEL.—Paragraph (7) of section 211(o)
of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by
adding the following at the end thereof:
‘‘(E) BIOMASS-BASED DIESEL.—
‘‘(i) MARKET EVALUATION.—The Administrator, in
consultation with the Secretary of Energy and the Secretary of Agriculture, shall periodically evaluate the
impact of the biomass-based diesel requirements established under this paragraph on the price of diesel
fuel.
‘‘(ii) WAIVER.—If the Administrator determines
that there is a significant renewable feedstock disruption or other market circumstances that would make
the price of biomass-based diesel fuel increase significantly, the Administrator, in consultation with the Secretary of Energy and the Secretary of Agriculture, shall
issue an order to reduce, for up to a 60-day period,
the quantity of biomass-based diesel required under
subparagraph (A) by an appropriate quantity that does
not exceed 15 percent of the applicable annual requirement for biomass-based diesel. For any calendar year
in which the Administrator makes a reduction under
this subparagraph, the Administrator may also reduce
the applicable volume of renewable fuel and advanced
biofuels requirement established under paragraph
(2)(B) by the same or a lesser volume.
‘‘(iii) EXTENSIONS.—If the Administrator determines that the feedstock disruption or circumstances
described in clause (ii) is continuing beyond the 60day period described in clause (ii) or this clause, the
Administrator, in consultation with the Secretary of
Energy and the Secretary of Agriculture, may issue
an order to reduce, for up to an additional 60-day
period, the quantity of biomass-based diesel required
under subparagraph (A) by an appropriate quantity
that does not exceed an additional 15 percent of the
applicable annual requirement for biomass-based
diesel.
‘‘(F) MODIFICATION OF APPLICABLE VOLUMES.—For any
of the tables in paragraph (2)(B), if the Administrator
waives—
‘‘(i) at least 20 percent of the applicable volume
requirement set forth in any such table for 2 consecutive years; or

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PUBLIC LAW 110–140—DEC. 19, 2007
‘‘(ii) at least 50 percent of such volume requirement
for a single year,
the Administrator shall promulgate a rule (within 1 year
after issuing such waiver) that modifies the applicable volumes set forth in the table concerned for all years following
the final year to which the waiver applies, except that
no such modification in applicable volumes shall be made
for any year before 2016. In promulgating such a rule,
the Administrator shall comply with the processes, criteria,
and standards set forth in paragraph (2)(B)(ii).’’.

SEC. 203. STUDY OF IMPACT OF RENEWABLE FUEL STANDARD.
Contracts.

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(a) IN GENERAL.—The Secretary of Energy, in consultation with
the Secretary of Agriculture and the Administrator of the Environmental Protection Agency, shall enter into an arrangement with
the National Academy of Sciences under which the Academy shall
conduct a study to assess the impact of the requirements described
in section 211(o) of the Clean Air Act on each industry relating
to the production of feed grains, livestock, food, forest products,
and energy.
(b) PARTICIPATION.—In conducting the study under this section,
the National Academy of Sciences shall seek the participation,
and consider the input, of—
(1) producers of feed grains;
(2) producers of livestock, poultry, and pork products;
(3) producers of food and food products;
(4) producers of energy;
(5) individuals and entities interested in issues relating
to conservation, the environment, and nutrition;
(6) users and consumers of renewable fuels;
(7) producers and users of biomass feedstocks; and
(8) land grant universities.
(c) CONSIDERATIONS.—In conducting the study, the National
Academy of Sciences shall consider—
(1) the likely impact on domestic animal agriculture feedstocks that, in any crop year, are significantly below current
projections;
(2) policy options to alleviate the impact on domestic animal
agriculture feedstocks that are significantly below current
projections; and
(3) policy options to maintain regional agricultural and
silvicultural capability.
(d) COMPONENTS.—The study shall include—
(1) a description of the conditions under which the requirements described in section 211(o) of the Clean Air Act should
be suspended or reduced to prevent adverse impacts to domestic
animal agriculture feedstocks described in subsection (c)(2) or
regional agricultural and silvicultural capability described in
subsection (c)(3); and
(2) recommendations for the means by which the Federal
Government could prevent or minimize adverse economic hardships and impacts.
(e) DEADLINE FOR COMPLETION OF STUDY.—Not later than 18
months after the date of enactment of this Act, the Secretary
shall submit to Congress a report that describes the results of
the study under this section.

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121 STAT. 1529

(f) PERIODIC REVIEWS.—Section 211(o) of the Clean Air Act
is amended by adding the following at the end thereof:
‘‘(11) PERIODIC REVIEWS.—To allow for the appropriate
adjustment of the requirements described in subparagraph (B)
of paragraph (2), the Administrator shall conduct periodic
reviews of—
‘‘(A) existing technologies;
‘‘(B) the feasibility of achieving compliance with the
requirements; and
‘‘(C) the impacts of the requirements described in subsection (a)(2) on each individual and entity described in
paragraph (2).’’.

42 USC 7545.

SEC. 204. ENVIRONMENTAL AND RESOURCE CONSERVATION IMPACTS.

42 USC 7545
note.
Deadlines.
Reports.

(a) IN GENERAL.—Not later than 3 years after the enactment
of this section and every 3 years thereafter, the Administrator
of the Environmental Protection Agency, in consultation with the
Secretary of Agriculture and the Secretary of Energy, shall assess
and report to Congress on the impacts to date and likely future
impacts of the requirements of section 211(o) of the Clean Air
Act on the following:
(1) Environmental issues, including air quality, effects on
hypoxia, pesticides, sediment, nutrient and pathogen levels in
waters, acreage and function of waters, and soil environmental
quality.
(2) Resource conservation issues, including soil conservation, water availability, and ecosystem health and biodiversity,
including impacts on forests, grasslands, and wetlands.
(3) The growth and use of cultivated invasive or noxious
plants and their impacts on the environment and agriculture.
In advance of preparing the report required by this subsection,
the Administrator may seek the views of the National Academy
of Sciences or another appropriate independent research institute.
The report shall include the annual volume of imported renewable
fuels and feedstocks for renewable fuels, and the environmental
impacts outside the United States of producing such fuels and
feedstocks. The report required by this subsection shall include
recommendations for actions to address any adverse impacts found.
(b) EFFECT ON AIR QUALITY AND OTHER ENVIRONMENTAL
REQUIREMENTS.—Except as provided in section 211(o)(12) of the
Clean Air Act, nothing in the amendments made by this title
to section 211(o) of the Clean Air Act shall be construed as superseding, or limiting, any more environmentally protective requirement under the Clean Air Act, or under any other provision of
State or Federal law or regulation, including any environmental
law or regulation.

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SEC. 205. BIOMASS-BASED DIESEL AND BIODIESEL LABELING.

42 USC 17021.

(a) IN GENERAL.—Each retail diesel fuel pump shall be labeled
in a manner that informs consumers of the percent of biomassbased diesel or biodiesel that is contained in the biomass-based
diesel blend or biodiesel blend that is offered for sale, as determined
by the Federal Trade Commission.
(b) LABELING REQUIREMENTS.—Not later than 180 days after
the date of enactment of this section, the Federal Trade Commission
shall promulgate biodiesel labeling requirements as follows:
(1) Biomass-based diesel blends or biodiesel blends that
contain less than or equal to 5 percent biomass-based diesel

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or biodiesel by volume and that meet ASTM D975 diesel specifications shall not require any additional labels.
(2) Biomass-based diesel blends or biodiesel blends that
contain more than 5 percent biomass-based diesel or biodiesel
by volume but not more than 20 percent by volume shall
be labeled ‘‘contains biomass-based diesel or biodiesel in quantities between 5 percent and 20 percent’’.
(3) Biomass-based diesel or biodiesel blends that contain
more than 20 percent biomass based or biodiesel by volume
shall be labeled ‘‘contains more than 20 percent biomass-based
diesel or biodiesel’’.
(c) DEFINITIONS.—In this section:
(1) ASTM.—The term ‘‘ASTM’’ means the American Society
of Testing and Materials.
(2) BIOMASS-BASED DIESEL.—The term ‘‘biomass-based
diesel’’ means biodiesel as defined in section 312(f) of the Energy
Policy Act of 1992 (42 U.S.C. 13220(f)).
(3) BIODIESEL.—The term ‘‘biodiesel’’ means the monoalkyl
esters of long chain fatty acids derived from plant or animal
matter that meet—
(A) the registration requirements for fuels and fuel
additives under this section; and
(B) the requirements of ASTM standard D6751.
(4) BIOMASS-BASED DIESEL AND BIODIESEL BLENDS.—The
terms ‘‘biomass-based diesel blend’’ and ‘‘biodiesel blend’’ means
a blend of ‘‘biomass-based diesel’’ or ‘‘biodiesel’’ fuel that is
blended with petroleum-based diesel fuel.

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SEC. 206. STUDY OF CREDITS FOR USE OF RENEWABLE ELECTRICITY
IN ELECTRIC VEHICLES.

(a) DEFINITION OF ELECTRIC VEHICLE.—In this section, the
term ‘‘electric vehicle’’ means an electric motor vehicle (as defined
in section 601 of the Energy Policy Act of 1992 (42 U.S.C. 13271))
for which the rechargeable storage battery—
(1) receives a charge directly from a source of electric
current that is external to the vehicle; and
(2) provides a minimum of 80 percent of the motive power
of the vehicle.
(b) STUDY.—The Administrator of the Environmental Protection
Agency shall conduct a study on the feasibility of issuing credits
under the program established under section 211(o) of the Clean
Air Act to electric vehicles powered by electricity produced from
renewable energy sources.
(c) REPORT.—Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to the Committee
on Energy and Natural Resources of the United States Senate
and the Committee on Energy and Commerce of the United States
House of Representatives a report that describes the results of
the study, including a description of—
(1) existing programs and studies on the use of renewable
electricity as a means of powering electric vehicles; and
(2) alternatives for—
(A) designing a pilot program to determine the feasibility of using renewable electricity to power electric
vehicles as an adjunct to a renewable fuels mandate;

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(B) allowing the use, under the pilot program designed
under subparagraph (A), of electricity generated from
nuclear energy as an additional source of supply;
(C) identifying the source of electricity used to power
electric vehicles; and
(D) equating specific quantities of electricity to quantities of renewable fuel under section 211(o) of the Clean
Air Act.
42 USC 17022.

SEC. 207. GRANTS FOR PRODUCTION OF ADVANCED BIOFUELS.

(a) IN GENERAL.—The Secretary of Energy shall establish a
grant program to encourage the production of advanced biofuels.
(b) REQUIREMENTS AND PRIORITY.—In making grants under
this section, the Secretary—
(1) shall make awards to the proposals for advanced
biofuels with the greatest reduction in lifecycle greenhouse
gas emissions compared to the comparable motor vehicle fuel
lifecycle emissions during calendar year 2005; and
(2) shall not make an award to a project that does not
achieve at least an 80 percent reduction in such lifecycle greenhouse gas emissions.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $500,000,000 for the
period of fiscal years 2008 through 2015.
SEC. 208. INTEGRATED CONSIDERATION OF WATER QUALITY IN
DETERMINATIONS ON FUELS AND FUEL ADDITIVES.

Section 211(c)(1) of the Clean Air Act (42 U.S.C. 7545(c)(1))
is amended as follows:
(1) By striking ‘‘nonroad vehicle (A) if in the judgment
of the Administrator’’ and inserting ‘‘nonroad vehicle if, in
the judgment of the Administrator, any fuel or fuel additive
or’’; and
(2) In subparagraph (A), by striking ‘‘air pollution which’’
and inserting ‘‘air pollution or water pollution (including any
degradation in the quality of groundwater) that’’.

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SEC. 209. ANTI-BACKSLIDING.

Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended
by adding at the end the following:
‘‘(v) PREVENTION OF AIR QUALITY DETERIORATION.—
‘‘(1) STUDY.—
‘‘(A) IN GENERAL.—Not later than 18 months after the
date of enactment of this subsection, the Administrator
shall complete a study to determine whether the renewable
fuel volumes required by this section will adversely impact
air quality as a result of changes in vehicle and engine
emissions of air pollutants regulated under this Act.
‘‘(B) CONSIDERATIONS.—The study shall include consideration of—
‘‘(i) different blend levels, types of renewable fuels,
and available vehicle technologies; and
‘‘(ii) appropriate national, regional, and local air
quality control measures.
‘‘(2) REGULATIONS.—Not later than 3 years after the date
of enactment of this subsection, the Administrator shall—

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PUBLIC LAW 110–140—DEC. 19, 2007
‘‘(A) promulgate fuel regulations to implement appropriate measures to mitigate, to the greatest extent achievable, considering the results of the study under paragraph
(1), any adverse impacts on air quality, as the result of
the renewable volumes required by this section; or
‘‘(B) make a determination that no such measures are
necessary.’’.

SEC. 210. EFFECTIVE DATE, SAVINGS PROVISION, AND TRANSITION
RULES.
42 USC 7545
note.

Termination
date.

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Regulations.
Deadline.
42 USC 7545
note.

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(a) TRANSITION RULES.—(1) For calendar year 2008, transportation fuel sold or introduced into commerce in the United States
(except in noncontiguous States or territories), that is produced
from facilities that commence construction after the date of enactment of this Act shall be treated as renewable fuel within the
meaning of section 211(o) of the Clean Air Act only if it achieves
at least a 20 percent reduction in lifecycle greenhouse gas emissions
compared to baseline lifecycle greenhouse gas emissions. For calendar years 2008 and 2009, any ethanol plant that is fired with
natural gas, biomass, or any combination thereof is deemed to
be in compliance with such 20 percent reduction requirement and
with the 20 percent reduction requirement of section 211(o)(1) of
the Clean Air Act. The terms used in this subsection shall have
the same meaning as provided in the amendment made by this
Act to section 211(o) of the Clean Air Act.
(2) Until January 1, 2009, the Administrator of the Environmental Protection Agency shall implement section 211(o) of the
Clean Air Act and the rules promulgated under that section in
accordance with the provisions of that section as in effect before
the enactment of this Act and in accordance with the rules promulgated before the enactment of this Act, except that for calendar
year 2008, the number ‘‘9.0’’ shall be substituted for the number
‘‘5.4’’ in the table in section 211(o)(2)(B) and in the corresponding
rules promulgated to carry out those provisions. The Administrator
is authorized to take such other actions as may be necessary to
carry out this paragraph notwithstanding any other provision of
law.
(b) SAVINGS CLAUSE.—Section 211(o) of the Clean Air Act (42
U.S.C. 7545(o)) is amended by adding the following new paragraph
at the end thereof:
‘‘(12) EFFECT ON OTHER PROVISIONS.—Nothing in this subsection, or regulations issued pursuant to this subsection, shall
affect or be construed to affect the regulatory status of carbon
dioxide or any other greenhouse gas, or to expand or limit
regulatory authority regarding carbon dioxide or any other
greenhouse gas, for purposes of other provisions (including section 165) of this Act. The previous sentence shall not affect
implementation and enforcement of this subsection.’’.
(c) EFFECTIVE DATE.—The amendments made by this title to
section 211(o) of the Clean Air Act shall take effect January 1,
2009, except that the Administrator shall promulgate regulations
to carry out such amendments not later than 1 year after the
enactment of this Act.

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121 STAT. 1533

Subtitle B—Biofuels Research and
Development
SEC. 221. BIODIESEL.

42 USC 17031.

(a) BIODIESEL STUDY.—Not later than 180 days after the date
of enactment of this Act, the Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall submit
to Congress a report on any research and development challenges
inherent in increasing the proportion of diesel fuel sold in the
United States that is biodiesel.
(b) MATERIAL FOR THE ESTABLISHMENT OF STANDARDS.—The
Director of the National Institute of Standards and Technology,
in consultation with the Secretary, shall make publicly available
the physical property data and characterization of biodiesel and
other biofuels as appropriate.

Reports.

SEC. 222. BIOGAS.

Deadline.
Reports.

Not later than 180 days after the date of enactment of this
Act, the Secretary, in consultation with the Administrator of the
Environmental Protection Agency, shall submit to Congress a report
on any research and development challenges inherent in increasing
the amount of transportation fuels sold in the United States that
are fuel with biogas or a blend of biogas and natural gas.
SEC. 223. GRANTS FOR BIOFUEL PRODUCTION RESEARCH AND
DEVELOPMENT IN CERTAIN STATES.

Public
information.

42 USC 17032.

(a) IN GENERAL.—The Secretary shall provide grants to eligible
entities for research, development, demonstration, and commercial
application of biofuel production technologies in States with low
rates of ethanol production, including low rates of production of
cellulosic biomass ethanol, as determined by the Secretary.
(b) ELIGIBILITY.—To be eligible to receive a grant under this
section, an entity shall—
(1)(A) be an institution of higher education (as defined
in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)),
including tribally controlled colleges or universities, located
in a State described in subsection (a); or
(B) be a consortium including at least 1 such institution
of higher education and industry, State agencies, Indian tribal
agencies, National Laboratories, or local government agencies
located in the State; and
(2) have proven experience and capabilities with relevant
technologies.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary to carry out this section
$25,000,000 for each of fiscal years 2008 through 2010.

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SEC. 224. BIOREFINERY ENERGY EFFICIENCY.

Section 932 of the Energy Policy Act of 2005 (42 U.S.C. 16232)
is amended by adding at the end the following new subsections:
‘‘(g) BIOREFINERY ENERGY EFFICIENCY.—The Secretary shall
establish a program of research, development, demonstration, and
commercial application for increasing energy efficiency and reducing
energy consumption in the operation of biorefinery facilities.
‘‘(h) RETROFIT TECHNOLOGIES FOR THE DEVELOPMENT OF ETHANOL FROM CELLULOSIC MATERIALS.—The Secretary shall establish

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a program of research, development, demonstration, and commercial
application on technologies and processes to enable biorefineries
that exclusively use corn grain or corn starch as a feedstock to
produce ethanol to be retrofitted to accept a range of biomass,
including lignocellulosic feedstocks.’’.
SEC. 225. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED VEHICLES
TO USE E–85 FUEL.

(a) IN GENERAL.—The Secretary, in consultation with the Secretary of Transportation and the Administrator of the Environmental Protection Agency, shall conduct a study of whether optimizing flexible fueled vehicles to operate using E–85 fuel would
increase the fuel efficiency of flexible fueled vehicles.
(b) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee
on Science and Technology and the Committee on Energy and
Commerce of the House of Representatives, and to the Committee
on Energy and Natural Resources, the Committee on Environment
and Public Works, and the Committee on Commerce, Science, and
Transportation of the Senate, a report that describes the results
of the study under this section, including any recommendations
of the Secretary.
SEC. 226. STUDY OF ENGINE DURABILITY AND PERFORMANCE ASSOCIATED WITH THE USE OF BIODIESEL.

(a) IN GENERAL.—Not later than 30 days after the date of
enactment of this Act, the Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall initiate a study on the effects of the use of biodiesel on the performance
and durability of engines and engine systems.
(b) COMPONENTS.—The study under this section shall include—
(1) an assessment of whether the use of biodiesel lessens
the durability and performance of conventional diesel engines
and engine systems; and
(2) an assessment of the effects referred to in subsection
(a) with respect to biodiesel blends at varying concentrations,
including the following percentage concentrations of biodiesel:
(A) 5 percent biodiesel.
(B) 10 percent biodiesel.
(C) 20 percent biodiesel.
(D) 30 percent biodiesel.
(E) 100 percent biodiesel.
(c) REPORT.—Not later than 24 months after the date of enactment of this Act, the Secretary shall submit to the Committee
on Science and Technology and the Committee on Energy and
Commerce of the House of Representatives, and to the Committee
on Energy and Natural Resources and the Committee on Environment and Public Works of the Senate, a report that describes
the results of the study under this section, including any recommendations of the Secretary.

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SEC. 227. STUDY OF OPTIMIZATION OF BIOGAS USED IN NATURAL
GAS VEHICLES.

(a) IN GENERAL.—The Secretary, in consultation with the
Administrator of the Environmental Protection Agency and the
Secretary of Transportation, shall conduct a study of methods of
increasing the fuel efficiency of vehicles using biogas by optimizing
natural gas vehicle systems that can operate on biogas, including

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the advancement of vehicle fuel systems and the combination of
hybrid-electric and plug-in hybrid electric drive platforms with natural gas vehicle systems using biogas.
(b) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee
on Energy and Natural Resources, the Committee on Environment
and Public Works, and the Committee on Commerce, Science, and
Transportation of the Senate, and to the Committee on Science
and Technology and the Committee on Energy and Commerce of
the House of Representatives, a report that describes the results
of the study, including any recommendations of the Secretary.
SEC. 228. ALGAL BIOMASS.

(a) IN GENERAL.—Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit to the Committee
on Science and Technology of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate,
a report on the progress of the research and development that
is being conducted on the use of algae as a feedstock for the
production of biofuels.
(b) CONTENTS.—The report shall identify continuing research
and development challenges and any regulatory or other barriers
found by the Secretary that hinder the use of this resource, as
well as recommendations on how to encourage and further its
development as a viable transportation fuel.

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SEC. 229. BIOFUELS AND BIOREFINERY INFORMATION CENTER.

(a) IN GENERAL.—The Secretary, in cooperation with the Secretary of Agriculture, shall establish a biofuels and biorefinery
information center to make available to interested parties information on—
(1) renewable fuel feedstocks, including the varieties of
fuel capable of being produced from various feedstocks;
(2) biorefinery processing techniques related to various
renewable fuel feedstocks;
(3) the distribution, blending, storage, and retail dispensing
infrastructure necessary for the transport and use of renewable
fuels;
(4) Federal and State laws and incentives related to renewable fuel production and use;
(5) renewable fuel research and development advancements;
(6) renewable fuel development and biorefinery processes
and technologies;
(7) renewable fuel resources, including information on programs and incentives for renewable fuels;
(8) renewable fuel producers;
(9) renewable fuel users; and
(10) potential renewable fuel users.
(b) ADMINISTRATION.—In administering the biofuels and biorefinery information center, the Secretary shall—
(1) continually update information provided by the center;
(2) make information available relating to processes and
technologies for renewable fuel production;
(3) make information available to interested parties on
the process for establishing a biorefinery; and
(4) make information and assistance provided by the center
available through a toll-free telephone number and website.

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Deadline.
Reports.

Establishment.
42 USC 17033.

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(c) COORDINATION AND NONDUPLICATION.—To the maximum
extent practicable, the Secretary shall ensure that the activities
under this section are coordinated with, and do not duplicate the
efforts of, centers at other government agencies.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.
42 USC 17034.

SEC. 230. CELLULOSIC ETHANOL AND BIOFUELS RESEARCH.

(a) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term
‘‘eligible entity’’ means—
(1) an 1890 Institution (as defined in section 2 of the
Agricultural Research, Extension, and Education Reform Act
of 1998 (7 U.S.C. 7061));
(2) a part B institution (as defined in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061)) (commonly
referred to as ‘‘Historically Black Colleges and Universities’’);
(3) a tribal college or university (as defined in section
316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b))); or
(4) a Hispanic-serving institution (as defined in section
502(a) of the Higher Education Act of 1965 (20 U.S.C.
1101a(a))).
(b) GRANTS.—The Secretary shall make cellulosic ethanol and
biofuels research and development grants to 10 eligible entities
selected by the Secretary to receive a grant under this section
through a peer-reviewed competitive process.
(c) COLLABORATION.—An eligible entity that is selected to
receive a grant under subsection (b) shall collaborate with 1 of
the Bioenergy Research Centers of the Office of Science of the
Department.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to make grants described in
subsection (b) $50,000,000 for fiscal year 2008, to remain available
until expended.

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SEC. 231. BIOENERGY RESEARCH AND DEVELOPMENT, AUTHORIZATION OF APPROPRIATION.

Section 931 of the Energy Policy Act of 2005 (42 U.S.C. 16231)
is amended—
(1) in subsection (b)—
(A) in paragraph (2), by striking ‘‘and’’ at the end;
(B) in paragraph (3), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(4) $963,000,000 for fiscal year 2010.’’; and
(2) in subsection (c)—
(A) in paragraph (2)—
(i) by striking ‘‘$251,000,000’’ and inserting
‘‘$377,000,000’’; and
(ii) by striking ‘‘and’’ at the end;
(B) in paragraph (3)—
(i) by striking ‘‘$274,000,000’’ and inserting
‘‘$398,000,000’’; and
(ii) by striking the period at the end and inserting
‘‘; and’’; and
(C) by adding at the end the following:

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‘‘(4) $419,000,000 for fiscal year
$150,000,000 shall be for section 932(d).’’.

2010,

121 STAT. 1537
of

which

SEC. 232. ENVIRONMENTAL RESEARCH AND DEVELOPMENT.

(a) IN GENERAL.—Section 977 of the Energy Policy Act of 2005
(42 U.S.C. 16317) is amended—
(1) in subsection (a)(1), by striking ‘‘and computational
biology’’ and inserting ‘‘computational biology, and environmental science’’; and
(2) in subsection (b)—
(A) in paragraph (1), by inserting ‘‘in sustainable
production systems that reduce greenhouse gas emissions’’
after ‘‘hydrogen’’;
(B) in paragraph (3), by striking ‘‘and’’ at the end;
(C) by redesignating paragraph (4) as paragraph (5);
and
(D) by inserting after paragraph (3) the following:
‘‘(4) develop cellulosic and other feedstocks that are less
resource and land intensive and that promote sustainable use
of resources, including soil, water, energy, forests, and land,
and ensure protection of air, water, and soil quality; and’’.
(b) TOOLS AND EVALUATION.—Section 307(d) of the Biomass
Research and Development Act of 2000 (7 U.S.C. 8606(d)) is
amended—
(1) in paragraph (3)(E), by striking ‘‘and’’ at the end;
(2) in paragraph (4), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(5) the improvement and development of analytical tools
to facilitate the analysis of life-cycle energy and greenhouse
gas emissions, including emissions related to direct and indirect
land use changes, attributable to all potential biofuel feedstocks
and production processes; and
‘‘(6) the systematic evaluation of the impact of expanded
biofuel production on the environment, including forest lands,
and on the food supply for humans and animals.’’.
(c) SMALL-SCALE PRODUCTION AND USE OF BIOFUELS.—Section
307(e) of the Biomass Research and Development Act of 2000 (7
U.S.C. 8606(e)) is amended—
(1) in paragraph (2), by striking ‘‘and’’ at the end;
(2) in paragraph (3), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(4) to facilitate small-scale production, local, and on-farm
use of biofuels, including the development of small-scale gasification technologies for production of biofuel from cellulosic feedstocks.’’.

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SEC. 233. BIOENERGY RESEARCH CENTERS.

Section 977 of the Energy Policy Act of 2005 (42 U.S.C. 16317)
is amended by adding at the end the following:
‘‘(f) BIOENERGY RESEARCH CENTERS.—
‘‘(1) ESTABLISHMENT OF CENTERS.—In carrying out the program under subsection (a), the Secretary shall establish at
least 7 bioenergy research centers, which may be of varying
size.
‘‘(2) GEOGRAPHIC DISTRIBUTION.—The Secretary shall establish at least 1 bioenergy research center in each Petroleum

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Administration for Defense District or Subdistrict of a Petroleum Administration for Defense District.
‘‘(3) GOALS.—The goals of the centers established under
this subsection shall be to accelerate basic transformational
research and development of biofuels, including biological processes.
‘‘(4) SELECTION AND DURATION.—
‘‘(A) IN GENERAL.—A center under this subsection shall
be selected on a competitive basis for a period of 5 years.
‘‘(B) REAPPLICATION.—After the end of the period
described in subparagraph (A), a grantee may reapply for
selection on a competitive basis.
‘‘(5) INCLUSION.—A center that is in existence on the date
of enactment of this subsection—
‘‘(A) shall be counted towards the requirement for
establishment of at least 7 bioenergy research centers;
and
‘‘(B) may continue to receive support for a period of
5 years beginning on the date of establishment of the
center.’’.

42 USC 17035.

SEC. 234. UNIVERSITY BASED RESEARCH AND DEVELOPMENT GRANT
PROGRAM.

(a) ESTABLISHMENT.—The Secretary shall establish a competitive grant program, in a geographically diverse manner, for projects
submitted for consideration by institutions of higher education to
conduct research and development of renewable energy technologies.
Each grant made shall not exceed $2,000,000.
(b) ELIGIBILITY.—Priority shall be given to institutions of higher
education with—
(1) established programs of research in renewable energy;
(2) locations that are low income or outside of an urbanized
area;
(3) a joint venture with an Indian tribe; and
(4) proximity to trees dying of disease or insect infestation
as a source of woody biomass.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary $25,000,000 for carrying out
this section.
(d) DEFINITIONS.—In this section:
(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning
as defined in section 126(c) of the Energy Policy Act of 2005.
(2) RENEWABLE ENERGY.—The term ‘‘renewable energy’’ has
the meaning as defined in section 902 of the Energy Policy
Act of 2005.
(3) URBANIZED AREA.—The term ‘‘urbanized area’’ has the
meaning as defined by the U.S. Bureau of the Census.

Subtitle C—Biofuels Infrastructure

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SEC. 241. PROHIBITION ON FRANCHISE AGREEMENT RESTRICTIONS
RELATED TO RENEWABLE FUEL INFRASTRUCTURE.

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

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‘‘SEC. 107. PROHIBITION ON RESTRICTION OF INSTALLATION OF
RENEWABLE FUEL PUMPS.

15 USC 2807.

‘‘(a) DEFINITION.—In this section:
‘‘(1) RENEWABLE FUEL.—The term ‘renewable fuel’ means
any fuel—
‘‘(A) at least 85 percent of the volume of which consists
of ethanol; or
‘‘(B) any mixture of biodiesel and diesel or renewable
diesel (as defined in regulations adopted pursuant to section 211(o) of the Clean Air Act (40 CFR, part 80)), determined without regard to any use of kerosene and containing
at least 20 percent biodiesel or renewable diesel.
‘‘(2) FRANCHISE-RELATED DOCUMENT.—The term ‘franchiserelated document’ means—
‘‘(A) a franchise under this Act; and
‘‘(B) any other contract or directive of a franchisor
relating to terms or conditions of the sale of fuel by a
franchisee.
‘‘(b) PROHIBITIONS.—
‘‘(1) IN GENERAL.—No franchise-related document entered
into or renewed on or after the date of enactment of this
section shall contain any provision allowing a franchisor to
restrict the franchisee or any affiliate of the franchisee from—
‘‘(A) installing on the marketing premises of the
franchisee a renewable fuel pump or tank, except that
the franchisee’s franchisor may restrict the installation
of a tank on leased marketing premises of such franchisor;
‘‘(B) converting an existing tank or pump on the marketing premises of the franchisee for renewable fuel use,
so long as such tank or pump and the piping connecting
them are either warranted by the manufacturer or certified
by a recognized standards setting organization to be suitable for use with such renewable fuel;
‘‘(C) advertising (including through the use of signage)
the sale of any renewable fuel;
‘‘(D) selling renewable fuel in any specified area on
the marketing premises of the franchisee (including any
area in which a name or logo of a franchisor or any other
entity appears);
‘‘(E) purchasing renewable fuel from sources other than
the franchisor if the franchisor does not offer its own renewable fuel for sale by the franchisee;
‘‘(F) listing renewable fuel availability or prices,
including on service station signs, fuel dispensers, or light
poles; or
‘‘(G) allowing for payment of renewable fuel with a
credit card,
so long as such activities described in subparagraphs (A)
through (G) do not constitute mislabeling, misbranding, willful
adulteration, or other trademark violations by the franchisee.
‘‘(2) EFFECT OF PROVISION.—Nothing in this section shall
be construed to preclude a franchisor from requiring the
franchisee to obtain reasonable indemnification and insurance
policies.
‘‘(c) EXCEPTION TO 3-GRADE REQUIREMENT.—No franchiserelated document that requires that 3 grades of gasoline be sold

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by the applicable franchisee shall prevent the franchisee from
selling a renewable fuel in lieu of 1, and only 1, grade of gasoline.’’.
(b) ENFORCEMENT.—Section 105 of the Petroleum Marketing
Practices Act (15 U.S.C. 2805) is amended by striking ‘‘102 or
103’’ each place it appears and inserting ‘‘102, 103, or 107’’.
(c) CONFORMING AMENDMENTS.—
(1) IN GENERAL.—Section 101(13) of the Petroleum Marketing Practices Act (15 U.S.C. 2801(13)) is amended by
aligning the margin of subparagraph (C) with subparagraph
(B).
(2) TABLE OF CONTENTS.—The table of contents of the Petroleum Marketing Practices Act (15 U.S.C. 2801 note) is
amended—
(A) by inserting after the item relating to section 106
the following:
‘‘Sec. 107. Prohibition on restriction of installation of renewable fuel pumps.’’;

and
(B) by striking the item relating to section 202 and
inserting the following:
‘‘Sec. 202. Automotive fuel rating testing and disclosure requirements.’’.
42 USC 17051.

Reports.

SEC. 242. RENEWABLE FUEL DISPENSER REQUIREMENTS.

(a) MARKET PENETRATION REPORTS.—The Secretary, in consultation with the Secretary of Transportation, shall determine
and report to Congress annually on the market penetration for
flexible-fuel vehicles in use within geographic regions to be established by the Secretary.
(b) DISPENSER FEASIBILITY STUDY.—Not later than 24 months
after the date of enactment of this Act, the Secretary, in consultation
with the Department of Transportation, shall report to the Congress
on the feasibility of requiring motor fuel retailers to install E–
85 compatible dispensers and related systems at retail fuel facilities
in regions where flexible-fuel vehicle market penetration has
reached 15 percent of motor vehicles. In conducting such study,
the Secretary shall consider and report on the following factors:
(1) The commercial availability of E–85 fuel and the
number of competing E–85 wholesale suppliers in a given
region.
(2) The level of financial assistance provided on an annual
basis by the Federal Government, State governments, and nonprofit entities for the installation of E–85 compatible infrastructure.
(3) The number of retailers whose retail locations are
unable to support more than 2 underground storage tank dispensers.
(4) The expense incurred by retailers in the installation
and sale of E–85 compatible dispensers and related systems
and any potential effects on the price of motor vehicle fuel.

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SEC. 243. ETHANOL PIPELINE FEASIBILITY STUDY.

(a) IN GENERAL.—The Secretary, in coordination with the Secretary of Transportation, shall conduct a study of the feasibility
of the construction of pipelines dedicated to the transportation
of ethanol.
(b) FACTORS FOR CONSIDERATION.—In conducting the study
under subsection (a), the Secretary shall take into consideration—

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(1) the quantity of ethanol production that would make
dedicated pipelines economically viable;
(2) existing or potential barriers to the construction of
pipelines dedicated to the transportation of ethanol, including
technical, siting, financing, and regulatory barriers;
(3) market risk (including throughput risk) and means
of mitigating the risk;
(4) regulatory, financing, and siting options that would
mitigate the risk and help ensure the construction of 1 or
more pipelines dedicated to the transportation of ethanol;
(5) financial incentives that may be necessary for the
construction of pipelines dedicated to the transportation of ethanol, including the return on equity that sponsors of the initial
dedicated ethanol pipelines will require to invest in the pipelines;
(6) technical factors that may compromise the safe
transportation of ethanol in pipelines, including identification
of remedial and preventive measures to ensure pipeline integrity; and
(7) such other factors as the Secretary considers to be
appropriate.
(c) REPORT.—Not later than 15 months after the date of enactment of this Act, the Secretary shall submit to Congress a report
describing the results of the study conducted under this section.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$1,000,000 for each of fiscal years 2008 and 2009, to remain available until expended.

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SEC. 244. RENEWABLE FUEL INFRASTRUCTURE GRANTS.

42 USC 17052.

(a) DEFINITION OF RENEWABLE FUEL BLEND.—For purposes
of this section, the term ‘‘renewable fuel blend’’ means a gasoline
blend that contains not less than 11 percent, and not more than
85 percent, renewable fuel or diesel fuel that contains at least
10 percent renewable fuel.
(b) INFRASTRUCTURE DEVELOPMENT GRANTS.—
(1) ESTABLISHMENT.—The Secretary shall establish a program for making grants for providing assistance to retail and
wholesale motor fuel dealers or other entities for the installation, replacement, or conversion of motor fuel storage and dispensing infrastructure to be used exclusively to store and dispense renewable fuel blends.
(2) SELECTION CRITERIA.—Not later than 12 months after
the date of enactment of this Act, the Secretary shall establish
criteria for evaluating applications for grants under this subsection that will maximize the availability and use of renewable
fuel blends, and that will ensure that renewable fuel blends
are available across the country. Such criteria shall provide
for—
(A) consideration of the public demand for each renewable fuel blend in a particular geographic area based on
State registration records showing the number of flexiblefuel vehicles;
(B) consideration of the opportunity to create or expand
corridors of renewable fuel blend stations along interstate
or State highways;

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(C) consideration of the experience of each applicant
with previous, similar projects;
(D) consideration of population, number of flexiblefuel vehicles, number of retail fuel outlets, and saturation
of flexible-fuel vehicles; and
(E) priority consideration to applications that—
(i) are most likely to maximize displacement of
petroleum consumption, measured as a total quantity
and a percentage;
(ii) are best able to incorporate existing infrastructure while maximizing, to the extent practicable, the
use of renewable fuel blends; and
(iii) demonstrate the greatest commitment on the
part of the applicant to ensure funding for the proposed
project and the greatest likelihood that the project
will be maintained or expanded after Federal assistance under this subsection is completed.
(3) LIMITATIONS.—Assistance provided under this subsection shall not exceed—
(A) 33 percent of the estimated cost of the installation,
replacement, or conversion of motor fuel storage and dispensing infrastructure; or
(B) $180,000 for a combination of equipment at any
one retail outlet location.
(4) OPERATION OF RENEWABLE FUEL BLEND STATIONS.—The
Secretary shall establish rules that set forth requirements for
grant recipients under this section that include providing to
the public the renewable fuel blends, establishing a marketing
plan that informs consumers of the price and availability of
the renewable fuel blends, clearly labeling the dispensers and
related equipment, and providing periodic reports on the status
of the renewable fuel blend sales, the type and amount of
the renewable fuel blends dispensed at each location, and the
average price of such fuel.
(5) NOTIFICATION REQUIREMENTS.—Not later than the date
on which each renewable fuel blend station begins to offer
renewable fuel blends to the public, the grant recipient that
used grant funds to construct or upgrade such station shall
notify the Secretary of such opening. The Secretary shall add
each new renewable fuel blend station to the renewable fuel
blend station locator on its Website when it receives notification
under this subsection.
(6) DOUBLE COUNTING.—No person that receives a credit
under section 30C of the Internal Revenue Code of 1986 may
receive assistance under this section.
(7) RESERVATION OF FUNDS.—The Secretary shall reserve
funds appropriated for the renewable fuel blends infrastructure
development grant program for technical and marketing assistance described in subsection (c).
(c) RETAIL TECHNICAL AND MARKETING ASSISTANCE.—The Secretary shall enter into contracts with entities with demonstrated
experience in assisting retail fueling stations in installing refueling
systems and marketing renewable fuel blends nationally, for the
provision of technical and marketing assistance to recipients of
grants under this section. Such assistance shall include—
(1) technical advice for compliance with applicable Federal
and State environmental requirements;

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121 STAT. 1543

(2) help in identifying supply sources and securing longterm contracts; and
(3) provision of public outreach, education, and labeling
materials.
(d) REFUELING INFRASTRUCTURE CORRIDORS.—
(1) IN GENERAL.—The Secretary shall establish a competitive grant pilot program (referred to in this subsection as the
‘‘pilot program’’), to be administered through the Vehicle Technology Deployment Program of the Department, to provide
not more than 10 geographically-dispersed project grants to
State governments, Indian tribal governments, local governments, metropolitan transportation authorities, or partnerships
of those entities to carry out 1 or more projects for the purposes
described in paragraph (2).
(2) GRANT PURPOSES.—A grant under this subsection shall
be used for the establishment of refueling infrastructure corridors, as designated by the Secretary, for renewable fuel
blends, including—
(A) installation of infrastructure and equipment necessary to ensure adequate distribution of renewable fuel
blends within the corridor;
(B) installation of infrastructure and equipment necessary to directly support vehicles powered by renewable
fuel blends; and
(C) operation and maintenance of infrastructure and
equipment installed as part of a project funded by the
grant.
(3) APPLICATIONS.—
(A) REQUIREMENTS.—
(i) IN GENERAL.—Subject to clause (ii), not later
than 90 days after the date of enactment of this Act,
the Secretary shall issue requirements for use in
applying for grants under the pilot program.
(ii) MINIMUM REQUIREMENTS.—At a minimum, the
Secretary shall require that an application for a grant
under this subsection—
(I) be submitted by—
(aa) the head of a State, tribal, or local
government or a metropolitan transportation
authority, or any combination of those entities;
and
(bb) a registered participant in the Vehicle
Technology Deployment Program of the
Department; and
(II) include—
(aa) a description of the project proposed
in the application, including the ways in which
the project meets the requirements of this subsection;
(bb) an estimate of the degree of use of
the project, including the estimated size of
fleet of vehicles operated with renewable fuels
blend available within the geographic region
of the corridor, measured as a total quantity
and a percentage;
(cc) an estimate of the potential petroleum
displaced as a result of the project (measured

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PUBLIC LAW 110–140—DEC. 19, 2007
as a total quantity and a percentage), and
a plan to collect and disseminate petroleum
displacement and other relevant data relating
to the project to be funded under the grant,
over the expected life of the project;
(dd) a description of the means by which
the project will be sustainable without Federal
assistance after the completion of the term
of the grant;
(ee) a complete description of the costs
of the project, including acquisition, construction, operation, and maintenance costs over
the expected life of the project; and
(ff) a description of which costs of the
project will be supported by Federal assistance
under this subsection.
(B) PARTNERS.—An applicant under subparagraph (A)
may carry out a project under the pilot program in partnership with public and private entities.
(4) SELECTION CRITERIA.—In evaluating applications under
the pilot program, the Secretary shall—
(A) consider the experience of each applicant with previous, similar projects; and
(B) give priority consideration to applications that—
(i) are most likely to maximize displacement of
petroleum consumption, measured as a total quantity
and a percentage;
(ii) are best able to incorporate existing infrastructure while maximizing, to the extent practicable, the
use of advanced biofuels;
(iii) demonstrate the greatest commitment on the
part of the applicant to ensure funding for the proposed
project and the greatest likelihood that the project
will be maintained or expanded after Federal assistance under this subsection is completed;
(iv) represent a partnership of public and private
entities; and
(v) exceed the minimum requirements of paragraph (3)(A)(ii).
(5) PILOT PROJECT REQUIREMENTS.—
(A) MAXIMUM AMOUNT.—The Secretary shall provide
not more than $20,000,000 in Federal assistance under
the pilot program to any applicant.
(B) COST SHARING.—The non-Federal share of the cost
of any activity relating to renewable fuel blend infrastructure development carried out using funds from a grant
under this subsection shall be not less than 20 percent.
(C) MAXIMUM PERIOD OF GRANTS.—The Secretary shall
not provide funds to any applicant under the pilot program
for more than 2 years.
(D) DEPLOYMENT AND DISTRIBUTION.—The Secretary
shall seek, to the maximum extent practicable, to ensure
a broad geographic distribution of project sites funded by
grants under this subsection.
(E) TRANSFER OF INFORMATION AND KNOWLEDGE.—The
Secretary shall establish mechanisms to ensure that the
information and knowledge gained by participants in the

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121 STAT. 1545

pilot program are transferred among the pilot program
participants and to other interested parties, including other
applicants that submitted applications.
(6) SCHEDULE.—
(A) INITIAL GRANTS.—
(i) IN GENERAL.—Not later than 90 days after the
date of enactment of this Act, the Secretary shall publish in the Federal Register, Commerce Business Daily,
and such other publications as the Secretary considers
to be appropriate, a notice and request for applications
to carry out projects under the pilot program.
(ii) DEADLINE.—An application described in clause
(i) shall be submitted to the Secretary by not later
than 180 days after the date of publication of the
notice under that clause.
(iii) INITIAL SELECTION.—Not later than 90 days
after the date by which applications for grants are
due under clause (ii), the Secretary shall select by
competitive, peer-reviewed proposal up to 5 applications for projects to be awarded a grant under the
pilot program.
(B) ADDITIONAL GRANTS.—
(i) IN GENERAL.—Not later than 2 years after the
date of enactment of this Act, the Secretary shall publish in the Federal Register, Commerce Business Daily,
and such other publications as the Secretary considers
to be appropriate, a notice and request for additional
applications to carry out projects under the pilot program that incorporate the information and knowledge
obtained through the implementation of the first round
of projects authorized under the pilot program.
(ii) DEADLINE.—An application described in clause
(i) shall be submitted to the Secretary by not later
than 180 days after the date of publication of the
notice under that clause.
(iii) INITIAL SELECTION.—Not later than 90 days
after the date by which applications for grants are
due under clause (ii), the Secretary shall select by
competitive, peer-reviewed proposal such additional
applications for projects to be awarded a grant under
the pilot program as the Secretary determines to be
appropriate.
(7) REPORTS TO CONGRESS.—
(A) INITIAL REPORT.—Not later than 60 days after the
date on which grants are awarded under this subsection,
the Secretary shall submit to Congress a report containing—
(i) an identification of the grant recipients and
a description of the projects to be funded under the
pilot program;
(ii) an identification of other applicants that submitted applications for the pilot program but to which
funding was not provided; and
(iii) a description of the mechanisms used by the
Secretary to ensure that the information and knowledge gained by participants in the pilot program are
transferred among the pilot program participants and

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to other interested parties, including other applicants
that submitted applications.
(B) EVALUATION.—Not later than 2 years after the
date of enactment of this Act, and annually thereafter
until the termination of the pilot program, the Secretary
shall submit to Congress a report containing an evaluation
of the effectiveness of the pilot program, including an
assessment of the petroleum displacement and benefits
to the environment derived from the projects included in
the pilot program.
(e) RESTRICTION.—No grant shall be provided under subsection
(b) or (c) to a large, vertically integrated oil company.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary for carrying out this section
$200,000,000 for each of the fiscal years 2008 through 2014.

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SEC. 245. STUDY OF THE ADEQUACY OF TRANSPORTATION OF DOMESTICALLY-PRODUCED RENEWABLE FUEL BY RAILROADS
AND OTHER MODES OF TRANSPORTATION.

(a) STUDY.—
(1) IN GENERAL.—The Secretary, in coordination with the
Secretary of Transportation, shall jointly conduct a study of
the adequacy of transportation of domestically-produced renewable fuels by railroad and other modes of transportation as
designated by the Secretaries.
(2) COMPONENTS.—In conducting the study under paragraph (1), the Secretaries shall—
(A) consider the adequacy of existing railroad and other
transportation and distribution infrastructure, equipment,
service and capacity to move the necessary quantities of
domestically-produced renewable fuel within the timeframes;
(B)(i) consider the projected costs of moving the domestically-produced renewable fuel by railroad and other modes
of transportation; and
(ii) consider the impact of the projected costs on the
marketability of the domestically-produced renewable fuel;
(C) identify current and potential impediments to the
reliable transportation and distribution of adequate supplies of domestically-produced renewable fuel at reasonable
prices, including practices currently utilized by domestic
producers, shippers, and receivers of renewable fuels;
(D) consider whether adequate competition exists
within and between modes of transportation for the
transportation and distribution of domestically-produced
renewable fuel and, whether inadequate competition leads
to an unfair price for the transportation and distribution
of domestically-produced renewable fuel or unacceptable
service for transportation of domestically-produced renewable fuel;
(E) consider whether Federal agencies have adequate
legal authority to address instances of inadequate competition when inadequate competition is found to prevent
domestic producers for renewable fuels from obtaining a
fair and reasonable transportation price or acceptable
service for the transportation and distribution of domestically-produced renewable fuels;

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(F) consider whether Federal agencies have adequate
legal authority to address railroad and transportation
service problems that may be resulting in inadequate supplies of domestically-produced renewable fuel in any area
of the United States;
(G) consider what transportation infrastructure capital
expenditures may be necessary to ensure the reliable
transportation of adequate supplies of domestically-produced renewable fuel at reasonable prices within the
United States and which public and private entities should
be responsible for making such expenditures; and
(H) provide recommendations on ways to facilitate the
reliable transportation of adequate supplies of domesticallyproduced renewable fuel at reasonable prices.
(b) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretaries shall jointly submit to the Committee on Commerce, Science and Transportation, the Committee
on Energy and Natural Resources, and the Committee on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Energy
and Commerce of the House of Representatives a report that
describes the results of the study conducted under subsection (a).
SEC. 246. FEDERAL FLEET FUELING CENTERS.

42 USC 17053.

(a) IN GENERAL.—Not later than January 1, 2010, the head
of each Federal agency shall install at least 1 renewable fuel pump
at each Federal fleet fueling center in the United States under
the jurisdiction of the head of the Federal agency.
(b) REPORT.—Not later than October 31 of the first calendar
year beginning after the date of the enactment of this Act, and
each October 31 thereafter, the President shall submit to Congress
a report that describes the progress toward complying with subsection (a), including identifying—
(1) the number of Federal fleet fueling centers that contain
at least 1 renewable fuel pump; and
(2) the number of Federal fleet fueling centers that do
not contain any renewable fuel pumps.
(c) DEPARTMENT OF DEFENSE FACILITY.—This section shall not
apply to a Department of Defense fueling center with a fuel turnover
rate of less than 100,000 gallons of fuel per year.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.

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SEC. 247. STANDARD SPECIFICATIONS FOR BIODIESEL.

Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended
by redesignating subsection (s) as subsection (t), redesignating subsection (r) (relating to conversion assistance for cellulosic biomass,
waste-derived ethanol, approved renewable fuels) as subsection (s)
and by adding the following new subsection at the end thereof:
‘‘(u) STANDARD SPECIFICATIONS FOR BIODIESEL.—(1) Unless the
American Society for Testing and Materials has adopted a standard
for diesel fuel containing 20 percent biodiesel (commonly known
as ‘B20’) within 1 year after the date of enactment of this subsection,
the Administrator shall initiate a rulemaking to establish a uniform
per gallon fuel standard for such fuel and designate an identification
number so that vehicle manufacturers are able to design engines
to use fuel meeting such standard.

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PUBLIC LAW 110–140—DEC. 19, 2007

‘‘(2) Unless the American Society for Testing and Materials
has adopted a standard for diesel fuel containing 5 percent biodiesel
(commonly known as ‘B5’) within 1 year after the date of enactment
of this subsection, the Administrator shall initiate a rulemaking
to establish a uniform per gallon fuel standard for such fuel and
designate an identification so that vehicle manufacturers are able
to design engines to use fuel meeting such standard.
‘‘(3) Whenever the Administrator is required to initiate a rulemaking under paragraph (1) or (2), the Administrator shall promulgate a final rule within 18 months after the date of the enactment
of this subsection.
‘‘(4) Not later than 180 days after the enactment of this subsection, the Administrator shall establish an annual inspection
and enforcement program to ensure that diesel fuel containing
biodiesel sold or distributed in interstate commerce meets the standards established under regulations under this section, including
testing and certification for compliance with applicable standards
of the American Society for Testing and Materials. There are authorized to be appropriated to carry out the inspection and enforcement
program under this paragraph $3,000,000 for each of fiscal years
2008 through 2010.
‘‘(5) For purposes of this subsection, the term ‘biodiesel’ has
the meaning provided by section 312(f) of Energy Policy Act of
1992 (42 U.S.C. 13220(f)).’’.
SEC. 248. BIOFUELS DISTRIBUTION AND ADVANCED BIOFUELS INFRASTRUCTURE.

(a) IN GENERAL.—The Secretary, in coordination with the Secretary of Transportation and in consultation with the Administrator
of the Environmental Protection Agency, shall carry out a program
of research, development, and demonstration relating to existing
transportation fuel distribution infrastructure and new alternative
distribution infrastructure.
(b) FOCUS.—The program described in subsection (a) shall focus
on the physical and chemical properties of biofuels and efforts
to prevent or mitigate against adverse impacts of those properties
in the areas of—
(1) corrosion of metal, plastic, rubber, cork, fiberglass,
glues, or any other material used in pipes and storage tanks;
(2) dissolving of storage tank sediments;
(3) clogging of filters;
(4) contamination from water or other adulterants or pollutants;
(5) poor flow properties related to low temperatures;
(6) oxidative and thermal instability in long-term storage
and uses;
(7) microbial contamination;
(8) problems associated with electrical conductivity; and
(9) such other areas as the Secretary considers appropriate.

Subtitle D—Environmental Safeguards

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SEC. 251. WAIVER FOR FUEL OR FUEL ADDITIVES.

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

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

Notice.
Deadline.

TITLE III—ENERGY SAVINGS THROUGH
IMPROVED STANDARDS FOR APPLIANCE AND LIGHTING
Subtitle A—Appliance Energy Efficiency

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SEC. 301. EXTERNAL POWER SUPPLY EFFICIENCY STANDARDS.

(a) DEFINITIONS.—Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) is amended—
(1) in paragraph (36)—
(A) by striking ‘‘(36) The’’ and inserting the following:
‘‘(36) EXTERNAL POWER SUPPLY.—
‘‘(A) IN GENERAL.—The’’; and
(B) by adding at the end the following:
‘‘(B) ACTIVE MODE.—The term ‘active mode’ means the
mode of operation when an external power supply is connected to the main electricity supply and the output is
connected to a load.
‘‘(C) CLASS A EXTERNAL POWER SUPPLY.—
‘‘(i) IN GENERAL.—The term ‘class A external power
supply’ means a device that—
‘‘(I) is designed to convert line voltage AC
input into lower voltage AC or DC output;
‘‘(II) is able to convert to only 1 AC or DC
output voltage at a time;
‘‘(III) is sold with, or intended to be used with,
a separate end-use product that constitutes the
primary load;
‘‘(IV) is contained in a separate physical enclosure from the end-use product;
‘‘(V) is connected to the end-use product via
a removable or hard-wired male/female electrical
connection, cable, cord, or other wiring; and
‘‘(VI) has nameplate output power that is less
than or equal to 250 watts.
‘‘(ii) EXCLUSIONS.—The term ‘class A external
power supply’ does not include any device that—

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‘‘(I) requires Federal Food and Drug Administration listing and approval as a medical device
in accordance with section 513 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360c); or
‘‘(II) powers the charger of a detachable battery pack or charges the battery of a product that
is fully or primarily motor operated.
‘‘(D) NO-LOAD MODE.—The term ‘no-load mode’ means
the mode of operation when an external power supply
is connected to the main electricity supply and the output
is not connected to a load.’’; and
(2) by adding at the end the following:
‘‘(52) DETACHABLE BATTERY.—The term ‘detachable battery’
means a battery that is—
‘‘(A) contained in a separate enclosure from the
product; and
‘‘(B) intended to be removed or disconnected from the
product for recharging.’’.
(b) TEST PROCEDURES.—Section 323(b) of the Energy Policy
and Conservation Act (42 U.S.C. 6293(b)) is amended by adding
at the end the following:
‘‘(17) CLASS A EXTERNAL POWER SUPPLIES.—Test procedures
for class A external power supplies shall be based on the
‘Test Method for Calculating the Energy Efficiency of SingleVoltage External AC–DC and AC–AC Power Supplies’ published
by the Environmental Protection Agency on August 11, 2004,
except that the test voltage specified in section 4(d) of that
test method shall be only 115 volts, 60 Hz.’’.
(c) EFFICIENCY STANDARDS FOR CLASS A EXTERNAL POWER SUPPLIES.—Section 325(u) of the Energy Policy and Conservation Act
(42 U.S.C. 6295(u)) is amended by adding at the end the following:
‘‘(6) EFFICIENCY STANDARDS FOR CLASS A EXTERNAL POWER
SUPPLIES.—
‘‘(A) IN GENERAL.—Subject to subparagraphs (B)
through (D), a class A external power supply manufactured
on or after the later of July 1, 2008, or the date of enactment of this paragraph shall meet the following standards:
‘‘Active Mode
‘‘Nameplate Output

Required Efficiency
(decimal equivalent of a percentage)

Less than 1 watt

0.5 times the Nameplate Output

From 1 watt to not more than 51 watts

The sum of 0.09 times the Natural
Logarithm of the Nameplate Output
and 0.5

Greater than 51 watts

0.85

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‘‘Nameplate Output

‘‘No-Load Mode
Maximum Consumption

Not more than 250 watts

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121 STAT. 1551

‘‘(B) NONCOVERED SUPPLIES.—A class A external power
supply shall not be subject to subparagraph (A) if the
class A external power supply is—
‘‘(i) manufactured during the period beginning on
July 1, 2008, and ending on June 30, 2015; and
‘‘(ii) made available by the manufacturer as a
service part or a spare part for an end-use product—
‘‘(I) that constitutes the primary load; and
‘‘(II) was manufactured before July 1, 2008.
‘‘(C) MARKING.—Any class A external power supply
manufactured on or after the later of July 1, 2008 or
the date of enactment of this paragraph shall be clearly
and permanently marked in accordance with the External
Power Supply International Efficiency Marking Protocol,
as referenced in the ‘Energy Star Program Requirements
for Single Voltage External AC–DC and AC–AC Power
Supplies, version 1.1’ published by the Environmental
Protection Agency.
‘‘(D) AMENDMENT OF STANDARDS.—
‘‘(i) FINAL RULE BY JULY 1, 2011.—
‘‘(I) IN GENERAL.—Not later than July 1, 2011,
the Secretary shall publish a final rule to determine whether the standards established under
subparagraph (A) should be amended.
‘‘(II) ADMINISTRATION.—The final rule shall—
‘‘(aa) contain any amended standards; and
‘‘(bb) apply to products manufactured on
or after July 1, 2013.
‘‘(ii) FINAL RULE BY JULY 1, 2015.—
‘‘(I) IN GENERAL.—Not later than July 1, 2015
the Secretary shall publish a final rule to determine whether the standards then in effect should
be amended.
‘‘(II) ADMINISTRATION.—The final rule shall—
‘‘(aa) contain any amended standards; and
‘‘(bb) apply to products manufactured on
or after July 1, 2017.
‘‘(7) END-USE PRODUCTS.—An energy conservation standard
for external power supplies shall not constitute an energy conservation standard for the separate end-use product to which
the external power supplies is connected.’’.

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SEC. 302. UPDATING APPLIANCE TEST PROCEDURES.

(a) CONSUMER APPLIANCES.—Section 323(b)(1) of the Energy
Policy and Conservation Act (42 U.S.C. 6293(b)(1)) is amended
by striking ‘‘(1)’’ and all that follows through the end of the paragraph and inserting the following:
‘‘(1) TEST PROCEDURES.—
‘‘(A) AMENDMENT.—At least once every 7 years, the
Secretary shall review test procedures for all covered products and—
‘‘(i) amend test procedures with respect to any
covered product, if the Secretary determines that
amended test procedures would more accurately or
fully comply with the requirements of paragraph (3);
or

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42 USC 6314.

PUBLIC LAW 110–140—DEC. 19, 2007

‘‘(ii) publish notice in the Federal Register of any
determination not to amend a test procedure.’’.
(b) INDUSTRIAL EQUIPMENT.—Section 343(a) of the Energy
Policy and Conservation Act (42 U.S.C. 6313(a)) is amended by
striking ‘‘(a)’’ and all that follows through the end of paragraph
(1) and inserting the following:
‘‘(a) PRESCRIPTION BY SECRETARY; REQUIREMENTS.—
‘‘(1) TEST PROCEDURES.—
‘‘(A) AMENDMENT.—At least once every 7 years, the
Secretary shall conduct an evaluation of each class of covered equipment and—
‘‘(i) if the Secretary determines that amended test
procedures would more accurately or fully comply with
the requirements of paragraphs (2) and (3), shall prescribe test procedures for the class in accordance with
this section; or
‘‘(ii) shall publish notice in the Federal Register
of any determination not to amend a test procedure.’’.
SEC. 303. RESIDENTIAL BOILERS.

Section 325(f) of the Energy Policy and Conservation Act (42
U.S.C. 6295(f)) is amended—
(1) in the subsection heading, by inserting ‘‘AND BOILERS’’
after ‘‘FURNACES’’;
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
‘‘(3) BOILERS.—
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and
(C), boilers manufactured on or after September 1, 2012,
shall meet the following requirements:
Boiler Type

Minimum Annual Fuel
Utilization Efficiency

Design Requirements

Gas Hot Water ..................

82%

No Constant Burning
Pilot, Automatic Means for
Adjusting Water Temperature

Gas Steam .......................

80%

No Constant Burning Pilot

Oil Hot Water ...................

84%

Automatic Means for Adjusting Temperature

Oil Steam .........................

82%

None

Electric Hot Water ...........

None

Automatic Means for Adjusting Temperature

Electric Steam ..................

None

None

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‘‘(B) AUTOMATIC MEANS
TEMPERATURE.—
‘‘(i) IN GENERAL.—The

FOR

ADJUSTING

WATER

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

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121 STAT. 1553

load produces a corresponding incremental change in
the temperature of water supplied.
‘‘(ii) SINGLE INPUT RATE.—For a boiler that fires
at 1 input rate, the requirements of this subparagraph
may be satisfied by providing an automatic means
that allows the burner or heating element to fire only
when the means has determined that the inferred heat
load cannot be met by the residual heat of the water
in the system.
‘‘(iii) NO INFERRED HEAT LOAD.—When there is no
inferred heat load with respect to a hot water boiler,
the automatic means described in clauses (i) and (ii)
shall limit the temperature of the water in the boiler
to not more than 140 degrees Fahrenheit.
‘‘(iv) OPERATION.—A boiler described in clause (i)
or (ii) shall be operable only when the automatic means
described in clauses (i), (ii), and (iii) is installed.
‘‘(C) EXCEPTION.—A boiler that is manufactured to
operate without any need for electricity or any electric
connection, electric gauges, electric pumps, electric wires,
or electric devices shall not be required to meet the requirements of this paragraph.’’.
SEC. 304. FURNACE FAN STANDARD PROCESS.

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

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SEC. 305. IMPROVING SCHEDULE FOR STANDARDS UPDATING AND
CLARIFYING STATE AUTHORITY.

(a) CONSUMER APPLIANCES.—Section 325 of the Energy Policy
and Conservation Act (42 U.S.C. 6295) is amended by striking
subsection (m) and inserting the following:
‘‘(m) AMENDMENT OF STANDARDS.—
‘‘(1) IN GENERAL.—Not later than 6 years after issuance
of any final rule establishing or amending a standard, as
required for a product under this part, the Secretary shall
publish—
‘‘(A) a notice of the determination of the Secretary
that standards for the product do not need to be amended,
based on the criteria established under subsection (n)(2);
or
‘‘(B) a notice of proposed rulemaking including new
proposed standards based on the criteria established under
subsection (o) and the procedures established under subsection (p).
‘‘(2) NOTICE.—If the Secretary publishes a notice under
paragraph (1), the Secretary shall—
‘‘(A) publish a notice stating that the analysis of the
Department is publicly available; and
‘‘(B) provide an opportunity for written comment.
‘‘(3) AMENDMENT OF STANDARD; NEW DETERMINATION.—
‘‘(A) AMENDMENT OF STANDARD.—Not later than 2 years
after a notice is issued under paragraph (1)(B), the Secretary shall publish a final rule amending the standard
for the product.

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PUBLIC LAW 110–140—DEC. 19, 2007

‘‘(B) NEW DETERMINATION.—Not later than 3 years
after a determination under paragraph (1)(A), the Secretary
shall make a new determination and publication under
subparagraph (A) or (B) of paragraph (1).
‘‘(4) APPLICATION TO PRODUCTS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), an amendment prescribed under this subsection shall
apply to—
‘‘(i) with respect to refrigerators, refrigeratorfreezers, freezers, room air conditioners, dishwashers,
clothes washers, clothes dryers, fluorescent lamp ballasts, and kitchen ranges and ovens, such a product
that is manufactured after the date that is 3 years
after publication of the final rule establishing an
applicable standard; and
‘‘(ii) with respect to central air conditioners, heat
pumps, water heaters, pool heaters, direct heating
equipment, and furnaces, such a product that is manufactured after the date that is 5 years after publication
of the final rule establishing an applicable standard.
‘‘(B) OTHER NEW STANDARDS.—A manufacturer shall
not be required to apply new standards to a product with
respect to which other new standards have been required
during the prior 6-year period.
‘‘(5) REPORTS.—The Secretary shall promptly submit to the
Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources
of the Senate—
‘‘(A) a progress report every 180 days on compliance
with this section, including a specific plan to remedy any
failures to comply with deadlines for action established
under this section; and
‘‘(B) all required reports to the Court or to any party
to the Consent Decree in State of New York v Bodman,
Consolidated Civil Actions No. 05 Civ. 7807 and No. 05
Civ. 7808.’’.
(b) INDUSTRIAL EQUIPMENT.—Section 342(a)(6) of the Energy
Policy and Conservation Act (42 U.S.C. 6313(a)(6)) is amended—
(1) by redesignating subparagraph (C) as subparagraph
(D); and
(2) by striking ‘‘(6)(A)(i)’’ and all that follows through the
end of subparagraph (B) and inserting the following:
‘‘(6) AMENDED ENERGY EFFICIENCY STANDARDS.—
‘‘(A) IN GENERAL.—
‘‘(i) ANALYSIS OF POTENTIAL ENERGY SAVINGS.—If
ASHRAE/IES Standard 90.1 is amended with respect
to any small commercial package air conditioning and
heating equipment, large commercial package air
conditioning and heating equipment, very large
commercial package air conditioning and heating
equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous
water heaters, or unfired hot water storage tanks,
not later than 180 days after the amendment of the
standard, the Secretary shall publish in the Federal
Register for public comment an analysis of the energy

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1555

savings potential of amended energy efficiency standards.
‘‘(ii) AMENDED UNIFORM NATIONAL STANDARD FOR
PRODUCTS.—
‘‘(I) IN GENERAL.—Except as provided in subclause (II), not later than 18 months after the
date of publication of the amendment to the
ASHRAE/IES Standard 90.1 for a product
described in clause (i), the Secretary shall establish
an amended uniform national standard for the
product at the minimum level specified in the
amended ASHRAE/IES Standard 90.1.
‘‘(II) MORE STRINGENT STANDARD.—Subclause
(I) shall not apply if the Secretary determines,
by rule published in the Federal Register, and
supported by clear and convincing evidence, that
adoption of a uniform national standard more
stringent than the amended ASHRAE/IES
Standard 90.1 for the product would result in
significant additional conservation of energy and
is technologically feasible and economically justified.
‘‘(B) RULE.—If the Secretary makes a determination
described in clause (ii)(II) for a product described in clause
(i), not later than 30 months after the date of publication
of the amendment to the ASHRAE/IES Standard 90.1 for
the product, the Secretary shall issue the rule establishing
the amended standard.
‘‘(C) AMENDMENT OF STANDARD.—
‘‘(i) IN GENERAL.—Not later than 6 years after
issuance of any final rule establishing or amending
a standard, as required for a product under this part,
the Secretary shall publish—
‘‘(I) a notice of the determination of the Secretary that standards for the product do not need
to be amended, based on the criteria established
under subparagraph (A); or
‘‘(II) a notice of proposed rulemaking including
new proposed standards based on the criteria and
procedures established under subparagraph (B).
‘‘(ii) NOTICE.—If the Secretary publishes a notice
under clause (i), the Secretary shall—
‘‘(I) publish a notice stating that the analysis
of the Department is publicly available; and
‘‘(II) provide an opportunity for written comment.
‘‘(iii) AMENDMENT OF STANDARD; NEW DETERMINATION.—
‘‘(I) AMENDMENT OF STANDARD.—Not later
than 2 years after a notice is issued under clause
(i)(II), the Secretary shall publish a final rule
amending the standard for the product.
‘‘(II) NEW DETERMINATION.—Not later than 3
years after a determination under clause (i)(I), the
Secretary shall make a new determination and
publication under subclause (I) or (II) of clause
(i).

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PUBLIC LAW 110–140—DEC. 19, 2007
‘‘(iv) APPLICATION TO PRODUCTS.—An amendment
prescribed under this subsection shall apply to products manufactured after a date that is the later of—
‘‘(I) the date that is 3 years after publication
of the final rule establishing a new standard; or
‘‘(II) the date that is 6 years after the effective
date of the current standard for a covered product.
‘‘(v) REPORTS.—The Secretary shall promptly
submit to the Committee on Energy and Commerce
of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a
progress report every 180 days on compliance with
this subparagraph, including a specific plan to remedy
any failures to comply with deadlines for action established under this subparagraph.’’.

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SEC. 306. REGIONAL STANDARDS FOR FURNACES, CENTRAL AIR
CONDITIONERS, AND HEAT PUMPS.

(a) IN GENERAL.—Section 325(o) of the Energy Policy and Conservation Act (42 U.S.C. 6295(o)) is amended by adding at the
end the following:
‘‘(6) REGIONAL STANDARDS FOR FURNACES, CENTRAL AIR
CONDITIONERS, AND HEAT PUMPS.—
‘‘(A) IN GENERAL.—In any rulemaking to establish a
new or amended standard, the Secretary may consider
the establishment of separate standards by geographic
region for furnaces (except boilers), central air conditioners,
and heat pumps.
‘‘(B) NATIONAL AND REGIONAL STANDARDS.—
‘‘(i) NATIONAL STANDARD.—If the Secretary establishes a regional standard for a product, the Secretary
shall establish a base national standard for the
product.
‘‘(ii) REGIONAL STANDARDS.—If the Secretary establishes a regional standard for a product, the Secretary
may establish more restrictive standards for the
product by geographic region as follows:
‘‘(I) For furnaces, the Secretary may establish
1 additional standard that is applicable in a
geographic region defined by the Secretary.
‘‘(II) For any cooling product, the Secretary
may establish 1 or 2 additional standards that
are applicable in 1 or 2 geographic regions as
may be defined by the Secretary.
‘‘(C) BOUNDARIES OF GEOGRAPHIC REGIONS.—
‘‘(i) IN GENERAL.—Subject to clause (ii), the boundaries of additional geographic regions established by
the Secretary under this paragraph shall include only
contiguous States.
‘‘(ii) ALASKA AND HAWAII.—The States of Alaska
and Hawaii may be included under this paragraph
in a geographic region that the States are not contiguous to.
‘‘(iii) INDIVIDUAL STATES.—Individual States shall
be placed only into a single region under this paragraph.

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‘‘(D) PREREQUISITES.—In establishing additional
regional standards under this paragraph, the Secretary
shall—
‘‘(i) establish additional regional standards only
if the Secretary determines that—
‘‘(I) the establishment of additional regional
standards will produce significant energy savings
in comparison to establishing only a single national
standard; and
‘‘(II) the additional regional standards are
economically justified under this paragraph; and
‘‘(ii) consider the impact of the additional regional
standards on consumers, manufacturers, and other
market participants, including product distributors,
dealers, contractors, and installers.
‘‘(E) APPLICATION; EFFECTIVE DATE.—
‘‘(i) BASE NATIONAL STANDARD.—Any base national
standard established for a product under this paragraph shall—
‘‘(I) be the minimum standard for the product;
and
‘‘(II) apply to all products manufactured or
imported into the United States on and after the
effective date for the standard.
‘‘(ii) REGIONAL STANDARDS.—Any additional and
more restrictive regional standard established for a
product under this paragraph shall apply to any such
product installed on or after the effective date of the
standard in States in which the Secretary has designated the standard to apply.
‘‘(F) CONTINUATION OF REGIONAL STANDARDS.—
‘‘(i) IN GENERAL.—In any subsequent rulemaking
for any product for which a regional standard has
been previously established, the Secretary shall determine whether to continue the establishment of separate regional standards for the product.
‘‘(ii) REGIONAL STANDARD NO LONGER APPROPRIATE.—Except as provided in clause (iii), if the Secretary determines that regional standards are no
longer appropriate for a product, beginning on the
effective date of the amended standard for the
product—
‘‘(I) there shall be 1 base national standard
for the product with Federal enforcement; and
‘‘(II) State authority for enforcing a regional
standard for the product shall terminate.
‘‘(iii) REGIONAL STANDARD APPROPRIATE BUT
STANDARD OR REGION CHANGED.—
‘‘(I) STATE NO LONGER CONTAINED IN REGION.—
Subject to subclause (III), if a State is no longer
contained in a region in which a regional standard
that is more stringent than the base national
standard applies, the authority of the State to
enforce the regional standard shall terminate.
‘‘(II) STANDARD OR REGION REVISED SO THAT
EXISTING
REGIONAL
STANDARD
EQUALS
BASE
NATIONAL STANDARD.—If the Secretary revises a

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PUBLIC LAW 110–140—DEC. 19, 2007
base national standard for a product or the
geographic definition of a region so that an existing
regional standard for a State is equal to the revised
base national standard—
‘‘(aa) the authority of the State to enforce
the regional standard shall terminate on the
effective date of the revised base national
standard; and
‘‘(bb) the State shall be subject to the
revised base national standard.
‘‘(III) STANDARD OR REGION REVISED SO THAT
EXISTING
REGIONAL
STANDARD
EQUALS
BASE
NATIONAL STANDARD.—If the Secretary revises a

base national standard for a product or the
geographic definition of a region so that the
standard for a State is lower than the previously
approved regional standard, the State may continue to enforce the previously approved standard
level.
‘‘(iv) WAIVER OF FEDERAL PREEMPTION.—Nothing
in this paragraph diminishes the authority of a State
to enforce a State regulation for which a waiver of
Federal preemption has been granted under section
327(d).
‘‘(G) ENFORCEMENT.—
‘‘(i) BASE NATIONAL STANDARD.—
‘‘(I) IN GENERAL.—The Secretary shall enforce
any base national standard.
‘‘(II) TRADE ASSOCIATION CERTIFICATION PROGRAMS.—In enforcing the base national standard,
the Secretary shall use, to the maximum extent
practicable, national standard nationally recognized certification programs of trade associations.
‘‘(ii) REGIONAL STANDARDS.—
‘‘(I) ENFORCEMENT PLAN.—Not later than 90
days after the date of the issuance of a final rule
that establishes a regional standard, the Secretary
shall initiate a rulemaking to develop and implement an effective enforcement plan for regional
standards for the products that are covered by
the final rule.
‘‘(II) RESPONSIBLE ENTITIES.—Any rules
regarding enforcement of a regional standard shall
clearly specify which entities are legally responsible for compliance with the standards and for
making any required information or labeling
disclosures.
‘‘(III) FINAL RULE.—Not later than 15 months
after the date of the issuance of a final rule that
establishes a regional standard for a product, the
Secretary shall promulgate a final rule covering
enforcement of regional standards for the product.
‘‘(IV) INCORPORATION BY STATES AND LOCALITIES.—A State or locality may incorporate any
Federal regional standard into State or local
building codes or State appliance standards.

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‘‘(V) STATE ENFORCEMENT.—A State agency
may seek enforcement of a Federal regional
standard in a Federal court of competent jurisdiction.
‘‘(H) INFORMATION DISCLOSURE.—
‘‘(i) IN GENERAL.—Not later than 90 days after
the date of the publication of a final rule that establishes a regional standard for a product, the Federal
Trade Commission shall undertake a rulemaking to
determine the appropriate 1 or more methods for disclosing information so that consumers, distributors,
contractors, and installers can easily determine
whether a specific piece of equipment that is installed
in a specific building is in conformance with the
regional standard that applies to the building.
‘‘(ii) METHODS.—A method of disclosing information under clause (i) may include—
‘‘(I) modifications to the Energy Guide label;
or
‘‘(II) other methods that make it easy for consumers and installers to use and understand at
the point of installation.
‘‘(iii) COMPLETION OF RULEMAKING.—The rulemaking shall be completed not later 15 months after
the date of the publication of a final rule that establishes a regional standard for a product.’’.
(b) PROHIBITED ACTS.—Section 332(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6302(a)) is amended—
(1) in paragraph (4), by striking ‘‘or’’ after the semicolon
at the end;
(2) in paragraph (5), by striking ‘‘part.’’ and inserting ‘‘part,
except to the extent that the new covered product is covered
by a regional standard that is more stringent than the base
national standard; or’’; and
(3) by adding at the end the following:
‘‘(6) for any manufacturer or private labeler to knowingly
sell a product to a distributor, contractor, or dealer with knowledge that the entity routinely violates any regional standard
applicable to the product.’’.
(c) CONSIDERATION OF PRICES AND OPERATING PATTERNS.—Section 342(a)(6)(B) of the Energy Policy and Conservation Act (42
U.S.C. 6313(a)(6)(B)) is amended by adding at the end the following:
‘‘(iii) CONSIDERATION OF PRICES AND OPERATING
PATTERNS.—If the Secretary is considering revised
standards for air-cooled 3-phase central air conditioners and central air conditioning heat pumps with
less 65,000 Btu per hour (cooling capacity), the Secretary shall use commercial energy prices and operating patterns in all analyses conducted by the Secretary.’’.

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SEC. 307. PROCEDURE FOR PRESCRIBING NEW OR AMENDED STANDARDS.

Section 325(p) of the Energy Policy and Conservation Act (42
U.S.C. 6925(p)) is amended—
(1) by striking paragraph (1); and

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PUBLIC LAW 110–140—DEC. 19, 2007
(2) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively.

SEC. 308. EXPEDITED RULEMAKINGS.

(a) PROCEDURE FOR
ARDS.—Section 325(p) of

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PRESCRIBING NEW OR AMENDED STANDthe Energy Policy and Conservation Act
(42 U.S.C. 6295(p)) (as amended by section 307) is amended by
adding at the end the following:
‘‘(4) DIRECT FINAL RULES.—
‘‘(A) IN GENERAL.—On receipt of a statement that is
submitted jointly by interested persons that are fairly representative of relevant points of view (including representatives of manufacturers of covered products, States, and
efficiency advocates), as determined by the Secretary, and
contains recommendations with respect to an energy or
water conservation standard—
‘‘(i) if the Secretary determines that the recommended standard contained in the statement is in
accordance with subsection (o) or section 342(a)(6)(B),
as applicable, the Secretary may issue a final rule
that establishes an energy or water conservation
standard and is published simultaneously with a notice
of proposed rulemaking that proposes a new or
amended energy or water conservation standard that
is identical to the standard established in the final
rule to establish the recommended standard (referred
to in this paragraph as a ‘direct final rule’); or
‘‘(ii) if the Secretary determines that a direct final
rule cannot be issued based on the statement, the
Secretary shall publish a notice of the determination,
together with an explanation of the reasons for the
determination.
‘‘(B) PUBLIC COMMENT.—The Secretary shall solicit
public comment for a period of at least 110 days with
respect to each direct final rule issued by the Secretary
under subparagraph (A)(i).
‘‘(C) WITHDRAWAL OF DIRECT FINAL RULES.—
‘‘(i) IN GENERAL.—Not later than 120 days after
the date on which a direct final rule issued under
subparagraph (A)(i) is published in the Federal Register, the Secretary shall withdraw the direct final
rule if—
‘‘(I) the Secretary receives 1 or more adverse
public comments relating to the direct final rule
under subparagraph (B)(i) or any alternative joint
recommendation; and
‘‘(II) based on the rulemaking record relating
to the direct final rule, the Secretary determines
that such adverse public comments or alternative
joint recommendation may provide a reasonable
basis for withdrawing the direct final rule under
subsection (o), section 342(a)(6)(B), or any other
applicable law.
‘‘(ii) ACTION ON WITHDRAWAL.—On withdrawal of
a direct final rule under clause (i), the Secretary shall—

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‘‘(I) proceed with the notice of proposed rulemaking published simultaneously with the direct
final rule as described in subparagraph (A)(i); and
‘‘(II) publish in the Federal Register the reasons why the direct final rule was withdrawn.
‘‘(iii) TREATMENT OF WITHDRAWN DIRECT FINAL
RULES.—A direct final rule that is withdrawn under
clause (i) shall not be considered to be a final rule
for purposes of subsection (o).
‘‘(D) EFFECT OF PARAGRAPH.—Nothing in this paragraph authorizes the Secretary to issue a direct final rule
based solely on receipt of more than 1 statement containing
recommended standards relating to the direct final rule.’’.
(b) CONFORMING AMENDMENT.—Section 345(b)(1) of the Energy
Policy and Conservation Act (42 U.S.C. 6316(b)(1)) is amended
in the first sentence by inserting ‘‘section 325(p)(5),’’ after ‘‘The
provisions of’’.

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SEC. 309. BATTERY CHARGERS.

Section 325(u)(1)(E) of the Energy Policy and Conservation
Act (42 U.S.C. 6295(u)(1)(E)) is amended—
(1) by striking ‘‘(E)(i) Not’’ and inserting the following:
‘‘(E) EXTERNAL POWER SUPPLIES AND BATTERY CHARGERS.—
‘‘(i) ENERGY CONSERVATION STANDARDS.—
‘‘(I) EXTERNAL POWER SUPPLIES.—Not’’;
(2) by striking ‘‘3 years’’ and inserting ‘‘2 years’’;
(3) by striking ‘‘battery chargers and’’ each place it appears;
and
(4) by adding at the end the following:
‘‘(II) BATTERY CHARGERS.—Not later than July
1, 2011, the Secretary shall issue a final rule that
prescribes energy conservation standards for battery chargers or classes of battery chargers or
determine that no energy conservation standard
is technically feasible and economically justified.’’.

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SEC. 310. STANDBY MODE.

Section 325 of the Energy Policy and Conservation Act (42
U.S.C. 6295) is amended—
(1) in subsection (u)—
(A) by striking paragraphs (2), (3), and (4); and
(B) by redesignating paragraphs (5) and (6) as paragraphs (2) and (3), respectively;
(2) by redesignating subsection (gg) as subsection (hh);
(3) by inserting after subsection (ff) the following:
‘‘(gg) STANDBY MODE ENERGY USE.—
‘‘(1) DEFINITIONS.—
‘‘(A) IN GENERAL.—Unless the Secretary determines
otherwise pursuant to subparagraph (B), in this subsection:
‘‘(i) ACTIVE MODE.—The term ‘active mode’ means
the condition in which an energy-using product—
‘‘(I) is connected to a main power source;
‘‘(II) has been activated; and
‘‘(III) provides 1 or more main functions.
‘‘(ii) OFF MODE.—The term ‘off mode’ means the
condition in which an energy-using product—
‘‘(I) is connected to a main power source; and

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‘‘(II) is not providing any standby or active
mode function.
‘‘(iii) STANDBY MODE.—The term ‘standby mode’
means the condition in which an energy-using
product—
‘‘(I) is connected to a main power source; and
‘‘(II) offers 1 or more of the following useroriented or protective functions:
‘‘(aa) To facilitate the activation or deactivation of other functions (including active
mode) by remote switch (including remote control), internal sensor, or timer.
‘‘(bb) Continuous functions, including
information or status displays (including
clocks) or sensor-based functions.
‘‘(B) AMENDED DEFINITIONS.—The Secretary may, by
rule, amend the definitions under subparagraph (A), taking
into consideration the most current versions of Standards
62301 and 62087 of the International Electrotechnical
Commission.
‘‘(2) TEST PROCEDURES.—
‘‘(A) IN GENERAL.—Test procedures for all covered products shall be amended pursuant to section 323 to include
standby mode and off mode energy consumption, taking
into consideration the most current versions of Standards
62301 and 62087 of the International Electrotechnical
Commission, with such energy consumption integrated into
the overall energy efficiency, energy consumption, or other
energy descriptor for each covered product, unless the Secretary determines that—
‘‘(i) the current test procedures for a covered
product already fully account for and incorporate the
standby mode and off mode energy consumption of
the covered product; or
‘‘(ii) such an integrated test procedure is technically infeasible for a particular covered product, in
which case the Secretary shall prescribe a separate
standby mode and off mode energy use test procedure
for the covered product, if technically feasible.
‘‘(B) DEADLINES.—The test procedure amendments
required by subparagraph (A) shall be prescribed in a final
rule no later than the following dates:
‘‘(i) December 31, 2008, for battery chargers and
external power supplies.
‘‘(ii) March 31, 2009, for clothes dryers, room air
conditioners, and fluorescent lamp ballasts.
‘‘(iii) June 30, 2009, for residential clothes washers.
‘‘(iv) September 30, 2009, for residential furnaces
and boilers.
‘‘(v) March 31, 2010, for residential water heaters,
direct heating equipment, and pool heaters.
‘‘(vi) March 31, 2011, for residential dishwashers,
ranges and ovens, microwave ovens, and dehumidifiers.
‘‘(C) PRIOR PRODUCT STANDARDS.—The test procedure
amendments adopted pursuant to subparagraph (B) shall

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121 STAT. 1563

not be used to determine compliance with product standards established prior to the adoption of the amended test
procedures.
‘‘(3) INCORPORATION INTO STANDARD.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), based
on the test procedures required under paragraph (2), any
final rule establishing or revising a standard for a covered
product, adopted after July 1, 2010, shall incorporate
standby mode and off mode energy use into a single
amended or new standard, pursuant to subsection (o), if
feasible.
‘‘(B) SEPARATE STANDARDS.—If not feasible, the Secretary shall prescribe within the final rule a separate
standard for standby mode and off mode energy consumption, if justified under subsection (o).’’; and
(4) in paragraph (2) of subsection (hh) (as redesignated
by paragraph (2)), by striking ‘‘(ff)’’ each place it appears and
inserting ‘‘(gg)’’.
SEC. 311. ENERGY STANDARDS FOR HOME APPLIANCES.

(a) APPLIANCES.—
(1) DEHUMIDIFIERS.—Section 325(cc) of the Energy Policy
and Conservation Act (42 U.S.C. 6295(cc)) is amended by
striking paragraph (2) and inserting the following:
‘‘(2) DEHUMIDIFIERS MANUFACTURED ON OR AFTER OCTOBER
1, 2012.—Dehumidifiers manufactured on or after October 1,
2012, shall have an Energy Factor that meets or exceeds the
following values:

‘‘Product Capacity (pints/day):
Up to 35.00 ..................................................................
35.01–45.00 ..................................................................
45.01–54.00 ..................................................................
54.01–75.00 ..................................................................
Greater than 75.00 ......................................................

Minimum Energy
Factor (liters/
kWh)
1.35
1.50
1.60
1.70
2.5.’’.

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(2) RESIDENTIAL CLOTHES WASHERS AND RESIDENTIAL DISHWASHERS.—Section 325(g) of the Energy Policy and Conservation Act (42 U.S.C. 6295(g)) is amended by adding at the
end the following:
‘‘(9) RESIDENTIAL CLOTHES WASHERS MANUFACTURED ON OR
AFTER JANUARY 1, 2011.—
‘‘(A) IN GENERAL.—A top-loading or front-loading
standard-size residential clothes washer manufactured on
or after January 1, 2011, shall have—
‘‘(i) a Modified Energy Factor of at least 1.26;
and
‘‘(ii) a water factor of not more than 9.5.
‘‘(B) AMENDMENT OF STANDARDS.—
‘‘(i) IN GENERAL.—Not later than December 31,
2011, the Secretary shall publish a final rule determining whether to amend the standards in effect for
clothes washers manufactured on or after January 1,
2015.

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‘‘(ii) AMENDED STANDARDS.—The final rule shall
contain any amended standards.
‘‘(10) RESIDENTIAL DISHWASHERS MANUFACTURED ON OR
AFTER JANUARY 1, 2010.—
‘‘(A) IN GENERAL.—A dishwasher manufactured on or
after January 1, 2010, shall—
‘‘(i) for a standard size dishwasher not exceed 355
kWh/year and 6.5 gallons per cycle; and
‘‘(ii) for a compact size dishwasher not exceed 260
kWh/year and 4.5 gallons per cycle.
‘‘(B) AMENDMENT OF STANDARDS.—
‘‘(i) IN GENERAL.—Not later than January 1, 2015,
the Secretary shall publish a final rule determining
whether to amend the standards for dishwashers
manufactured on or after January 1, 2018.
‘‘(ii) AMENDED STANDARDS.—The final rule shall
contain any amended standards.’’.
(3) REFRIGERATORS AND FREEZERS.—Section 325(b) of the
Energy Policy and Conservation Act (42 U.S.C. 6295(b)) is
amended by adding at the end the following:
‘‘(4) REFRIGERATORS AND FREEZERS MANUFACTURED ON OR
AFTER JANUARY 1, 2014.—
‘‘(A) IN GENERAL.—Not later than December 31, 2010,
the Secretary shall publish a final rule determining
whether to amend the standards in effect for refrigerators,
refrigerator-freezers, and freezers manufactured on or after
January 1, 2014.
‘‘(B) AMENDED STANDARDS.—The final rule shall contain any amended standards.’’.
(b) ENERGY STAR.—Section 324A(d)(2) of the Energy Policy
and Conservation Act (42 U.S.C. 6294a(d)(2)) is amended by striking
‘‘January 1, 2010’’ and inserting ‘‘July 1, 2009’’.

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SEC. 312. WALK-IN COOLERS AND WALK-IN FREEZERS.

(a) DEFINITIONS.—Section 340 of the Energy Policy and Conservation Act (42 U.S.C. 6311) is amended—
(1) in paragraph (1)—
(A) by redesignating subparagraphs (G) through (K)
as subparagraphs (H) through (L), respectively; and
(B) by inserting after subparagraph (F) the following:
‘‘(G) Walk-in coolers and walk-in freezers.’’;
(2) by redesignating paragraphs (20) and (21) as paragraphs
(21) and (22), respectively; and
(3) by inserting after paragraph (19) the following:
‘‘(20) WALK-IN COOLER; WALK-IN FREEZER.—
‘‘(A) IN GENERAL.—The terms ‘walk-in cooler’ and ‘walkin freezer’ mean an enclosed storage space refrigerated
to temperatures, respectively, above, and at or below 32
degrees Fahrenheit that can be walked into, and has a
total chilled storage area of less than 3,000 square feet.
‘‘(B) EXCLUSION.—The terms ‘walk-in cooler’ and ‘walkin freezer’ do not include products designed and marketed
exclusively for medical, scientific, or research purposes.’’.
(b) STANDARDS.—Section 342 of the Energy Policy and Conservation Act (42 U.S.C. 6313) is amended by adding at the end
the following:
‘‘(f) WALK-IN COOLERS AND WALK-IN FREEZERS.—

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121 STAT. 1565

‘‘(1) IN GENERAL.—Subject to paragraphs (2) through (5),
each walk-in cooler or walk-in freezer manufactured on or
after January 1, 2009, shall—
‘‘(A) have automatic door closers that firmly close all
walk-in doors that have been closed to within 1 inch of
full closure, except that this subparagraph shall not apply
to doors wider than 3 feet 9 inches or taller than 7 feet;
‘‘(B) have strip doors, spring hinged doors, or other
method of minimizing infiltration when doors are open;
‘‘(C) contain wall, ceiling, and door insulation of at
least R–25 for coolers and R–32 for freezers, except that
this subparagraph shall not apply to glazed portions of
doors nor to structural members;
‘‘(D) contain floor insulation of at least R–28 for
freezers;
‘‘(E) for evaporator fan motors of under 1 horsepower
and less than 460 volts, use—
‘‘(i) electronically commutated motors (brushless
direct current motors); or
‘‘(ii) 3-phase motors;
‘‘(F) for condenser fan motors of under 1 horsepower,
use—
‘‘(i) electronically commutated motors;
‘‘(ii) permanent split capacitor-type motors; or
‘‘(iii) 3-phase motors; and
‘‘(G) for all interior lights, use light sources with an
efficacy of 40 lumens per watt or more, including ballast
losses (if any), except that light sources with an efficacy
of 40 lumens per watt or less, including ballast losses
(if any), may be used in conjunction with a timer or device
that turns off the lights within 15 minutes of when the
walk-in cooler or walk-in freezer is not occupied by people.
‘‘(2) ELECTRONICALLY COMMUTATED MOTORS.—
‘‘(A) IN GENERAL.—The requirements of paragraph
(1)(E)(i) for electronically commutated motors shall take
effect January 1, 2009, unless, prior to that date, the Secretary determines that such motors are only available from
1 manufacturer.
‘‘(B) OTHER TYPES OF MOTORS.—In carrying out paragraph (1)(E)(i) and subparagraph (A), the Secretary may
allow other types of motors if the Secretary determines
that, on average, those other motors use no more energy
in evaporator fan applications than electronically commutated motors.
‘‘(C) MAXIMUM ENERGY CONSUMPTION LEVEL.—The Secretary shall establish the maximum energy consumption
level under subparagraph (B) not later than January 1,
2010.
‘‘(3) ADDITIONAL SPECIFICATIONS.—Each walk-in cooler or
walk-in freezer with transparent reach-in doors manufactured
on or after January 1, 2009, shall also meet the following
specifications:
‘‘(A) Transparent reach-in doors for walk-in freezers
and windows in walk-in freezer doors shall be of triplepane glass with either heat-reflective treated glass or gas
fill.

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‘‘(B) Transparent reach-in doors for walk-in coolers
and windows in walk-in cooler doors shall be—
‘‘(i) double-pane glass with heat-reflective treated
glass and gas fill; or
‘‘(ii) triple-pane glass with either heat-reflective
treated glass or gas fill.
‘‘(C) If the appliance has an antisweat heater without
antisweat heat controls, the appliance shall have a total
door rail, glass, and frame heater power draw of not more
than 7.1 watts per square foot of door opening (for freezers)
and 3.0 watts per square foot of door opening (for coolers).
‘‘(D) If the appliance has an antisweat heater with
antisweat heat controls, and the total door rail, glass, and
frame heater power draw is more than 7.1 watts per square
foot of door opening (for freezers) and 3.0 watts per square
foot of door opening (for coolers), the antisweat heat controls shall reduce the energy use of the antisweat heater
in a quantity corresponding to the relative humidity in
the air outside the door or to the condensation on the
inner glass pane.
‘‘(4) PERFORMANCE-BASED STANDARDS.—
‘‘(A) IN GENERAL.—Not later than January 1, 2012,
the Secretary shall publish performance-based standards
for walk-in coolers and walk-in freezers that achieve the
maximum improvement in energy that the Secretary determines is technologically feasible and economically justified.
‘‘(B) APPLICATION.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), the standards shall apply to products described
in subparagraph (A) that are manufactured beginning
on the date that is 3 years after the final rule is
published.
‘‘(ii) DELAYED EFFECTIVE DATE.—If the Secretary
determines, by rule, that a 3-year period is inadequate,
the Secretary may establish an effective date for products manufactured beginning on the date that is not
more than 5 years after the date of publication of
a final rule for the products.
‘‘(5) AMENDMENT OF STANDARDS.—
‘‘(A) IN GENERAL.—Not later than January 1, 2020,
the Secretary shall publish a final rule to determine if
the standards established under paragraph (4) should be
amended.
‘‘(B) APPLICATION.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), the rule shall provide that the standards shall
apply to products manufactured beginning on the date
that is 3 years after the final rule is published.
‘‘(ii) DELAYED EFFECTIVE DATE.—If the Secretary
determines, by rule, that a 3-year period is inadequate,
the Secretary may establish an effective date for products manufactured beginning on the date that is not
more than 5 years after the date of publication of
a final rule for the products.’’.
(c) TEST PROCEDURES.—Section 343(a) of the Energy Policy
and Conservation Act (42 U.S.C. 6314(a)) is amended by adding
at the end the following:

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121 STAT. 1567

‘‘(9) WALK-IN COOLERS AND WALK-IN FREEZERS.—
‘‘(A) IN GENERAL.—For the purpose of test procedures
for walk-in coolers and walk-in freezers:
‘‘(i) The R value shall be the 1/K factor multiplied
by the thickness of the panel.
‘‘(ii) The K factor shall be based on ASTM test
procedure C518–2004.
‘‘(iii) For calculating the R value for freezers, the
K factor of the foam at 20°F (average foam temperature) shall be used.
‘‘(iv) For calculating the R value for coolers, the
K factor of the foam at 55°F (average foam temperature) shall be used.
‘‘(B) TEST PROCEDURE.—
‘‘(i) IN GENERAL.—Not later than January 1, 2010,
the Secretary shall establish a test procedure to
measure the energy-use of walk-in coolers and walkin freezers.
‘‘(ii) COMPUTER MODELING.—The test procedure
may be based on computer modeling, if the computer
model or models have been verified using the results
of laboratory tests on a significant sample of walkin coolers and walk-in freezers.’’.
(d) LABELING.—Section 344(e) of the Energy Policy and Conservation Act (42 U.S.C. 6315(e)) is amended by inserting ‘‘walkin coolers and walk-in freezers,’’ after ‘‘commercial clothes washers,’’
each place it appears.
(e) ADMINISTRATION, PENALTIES, ENFORCEMENT, AND PREEMPTION.—Section 345 of the Energy Policy and Conservation Act (42
U.S.C. 6316) is amended—
(1) by striking ‘‘subparagraphs (B), (C), (D), (E), and (F)’’
each place it appears and inserting ‘‘subparagraphs (B) through
(G)’’; and
(2) by adding at the end the following:
‘‘(h) WALK-IN COOLERS AND WALK-IN FREEZERS.—
‘‘(1) COVERED TYPES.—
‘‘(A) RELATIONSHIP TO OTHER LAW.—
‘‘(i) IN GENERAL.—Except as otherwise provided
in this subsection, section 327 shall apply to walkin coolers and walk-in freezers for which standards
have been established under paragraphs (1), (2), and
(3) of section 342(f) to the same extent and in the
same manner as the section applies under part A on
the date of enactment of this subsection.
‘‘(ii) STATE STANDARDS.—Any State standard prescribed before the date of enactment of this subsection
shall not be preempted until the standards established
under paragraphs (1) and (2) of section 342(f) take
effect.
‘‘(B) ADMINISTRATION.—In applying section 327 to
equipment under subparagraph (A), paragraphs (1), (2),
and (3) of subsection (a) shall apply.
‘‘(2) FINAL RULE NOT TIMELY.—
‘‘(A) IN GENERAL.—If the Secretary does not issue a
final rule for a specific type of walk-in cooler or walkin freezer within the timeframe established under paragraph (4) or (5) of section 342(f), subsections (b) and (c)

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PUBLIC LAW 110–140—DEC. 19, 2007
of section 327 shall no longer apply to the specific type
of walk-in cooler or walk-in freezer during the period—
‘‘(i) beginning on the day after the scheduled date
for a final rule; and
‘‘(ii) ending on the date on which the Secretary
publishes a final rule covering the specific type of
walk-in cooler or walk-in freezer.
‘‘(B) STATE STANDARDS.—Any State standard issued
before the publication of the final rule shall not be preempted until the standards established in the final rule
take effect.
‘‘(3) CALIFORNIA.—Any standard issued in the State of California before January 1, 2011, under title 20 of the California
Code of Regulations, that refers to walk-in coolers and walkin freezers, for which standards have been established under
paragraphs (1), (2), and (3) of section 342(f), shall not be preempted until the standards established under section 342(f)(3)
take effect.’’.

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SEC. 313. ELECTRIC MOTOR EFFICIENCY STANDARDS.

(a) DEFINITIONS.—Section 340(13) of the Energy Policy and
Conservation Act (42 U.S.C. 6311(13)) is amended—
(1) by redesignating subparagraphs (B) through (H) as
subparagraphs (C) through (I), respectively; and
(2) by striking ‘‘(13)(A)’’ and all that follows through the
end of subparagraph (A) and inserting the following:
‘‘(13) ELECTRIC MOTOR.—
‘‘(A) GENERAL PURPOSE ELECTRIC MOTOR (SUBTYPE I).—
The term ‘general purpose electric motor (subtype I)’ means
any motor that meets the definition of ‘General Purpose’
as established in the final rule issued by the Department
of Energy entitled ‘Energy Efficiency Program for Certain
Commercial and Industrial Equipment: Test Procedures,
Labeling, and Certification Requirements for Electric
Motors’ (10 CFR 431), as in effect on the date of enactment
of the Energy Independence and Security Act of 2007.
‘‘(B) GENERAL PURPOSE ELECTRIC MOTOR (SUBTYPE II).—
The term ‘general purpose electric motor (subtype II)’
means motors incorporating the design elements of a general purpose electric motor (subtype I) that are configured
as 1 of the following:
‘‘(i) A U-Frame Motor.
‘‘(ii) A Design C Motor.
‘‘(iii) A close-coupled pump motor.
‘‘(iv) A Footless motor.
‘‘(v) A vertical solid shaft normal thrust motor
(as tested in a horizontal configuration).
‘‘(vi) An 8-pole motor (900 rpm).
‘‘(vii) A poly-phase motor with voltage of not more
than 600 volts (other than 230 or 460 volts.’’.
(b) STANDARDS.—
(1) AMENDMENTS.—Section 342(b) of the Energy Policy and
Conservation Act (42 U.S.C. 6313(b)) is amended—
(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
‘‘(2) ELECTRIC MOTORS.—

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‘‘(A) GENERAL PURPOSE ELECTRIC MOTORS (SUBTYPE I).—
Except as provided in subparagraph (B), each general purpose electric motor (subtype I) with a power rating of
1 horsepower or greater, but not greater than 200 horsepower, manufactured (alone or as a component of another
piece of equipment) after the 3-year period beginning on
the date of enactment of the Energy Independence and
Security Act of 2007, shall have a nominal full load efficiency that is not less than as defined in NEMA MG–
1 (2006) Table 12–12.
‘‘(B) FIRE PUMP MOTORS.—Each fire pump motor manufactured (alone or as a component of another piece of equipment) after the 3-year period beginning on the date of
enactment of the Energy Independence and Security Act
of 2007 shall have nominal full load efficiency that is
not less than as defined in NEMA MG–1 (2006) Table
12–11.
‘‘(C) GENERAL PURPOSE ELECTRIC MOTORS (SUBTYPE
II).—Each general purpose electric motor (subtype II) with
a power rating of 1 horsepower or greater, but not greater
than 200 horsepower, manufactured (alone or as a component of another piece of equipment) after the 3-year period
beginning on the date of enactment of the Energy Independence and Security Act of 2007, shall have a nominal full
load efficiency that is not less than as defined in NEMA
MG–1 (2006) Table 12–11.
‘‘(D) NEMA DESIGN B, GENERAL PURPOSE ELECTRIC
MOTORS.—Each NEMA Design B, general purpose electric
motor with a power rating of more than 200 horsepower,
but not greater than 500 horsepower, manufactured (alone
or as a component of another piece of equipment) after
the 3-year period beginning on the date of enactment of
the Energy Independence and Security Act of 2007, shall
have a nominal full load efficiency that is not less than
as defined in NEMA MG–1 (2006) Table 12–11.’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) take effect on the date that is 3 years after the date
of enactment of this Act.

42 USC 6313
note.

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SEC. 314. STANDARDS FOR SINGLE PACKAGE VERTICAL AIR CONDITIONERS AND HEAT PUMPS.

(a) DEFINITIONS.—Section 340 of the Energy Policy and Conservation Act (42 U.S.C. 6311) is amended by adding at the end
the following:
‘‘(22) SINGLE PACKAGE VERTICAL AIR CONDITIONER.—The
term ‘single package vertical air conditioner’ means air-cooled
commercial package air conditioning and heating equipment
that—
‘‘(A) is factory-assembled as a single package that—
‘‘(i) has major components that are arranged
vertically;
‘‘(ii) is an encased combination of cooling and
optional heating components; and
‘‘(iii) is intended for exterior mounting on, adjacent
interior to, or through an outside wall;
‘‘(B) is powered by a single- or 3-phase current;

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121 STAT. 1570

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‘‘(C) may contain 1 or more separate indoor grilles,
outdoor louvers, various ventilation options, indoor free
air discharges, ductwork, well plenum, or sleeves; and
‘‘(D) has heating components that may include electrical resistance, steam, hot water, or gas, but may not
include reverse cycle refrigeration as a heating means.
‘‘(23) SINGLE PACKAGE VERTICAL HEAT PUMP.—The term
‘single package vertical heat pump’ means a single package
vertical air conditioner that—
‘‘(A) uses reverse cycle refrigeration as its primary
heat source; and
‘‘(B) may include secondary supplemental heating by
means of electrical resistance, steam, hot water, or gas.’’.
(b) STANDARDS.—Section 342(a) of the Energy Policy and Conservation Act (42 U.S.C. 6313(a)) is amended—
(1) in the first sentence of each of paragraphs (1) and
(2), by inserting ‘‘(including single package vertical air conditioners and single package vertical heat pumps)’’ after ‘‘heating
equipment’’ each place it appears;
(2) in paragraph (1), by striking ‘‘but before January 1,
2010,’’;
(3) in the first sentence of each of paragraphs (7), (8),
and (9), by inserting ‘‘(other than single package vertical air
conditioners and single package vertical heat pumps)’’ after
‘‘heating equipment’’ each place it appears;
(4) in paragraph (7)—
(A) by striking ‘‘manufactured on or after January
1, 2010,’’;
(B) in each of subparagraphs (A), (B), and (C), by
striking ‘‘The’’ and inserting ‘‘For equipment manufactured
on or after January 1, 2010, the’’; and
(C) by adding at the end the following:
‘‘(D) For equipment manufactured on or after the later
of January 1, 2008, or the date that is 180 days after the
date of enactment of the Energy Independence and Security
Act of 2007—
‘‘(i) the minimum seasonal energy efficiency ratio of
air-cooled 3-phase electric central air conditioners and central air conditioning heat pumps less than 65,000 Btu
per hour (cooling capacity), split systems, shall be 13.0;
‘‘(ii) the minimum seasonal energy efficiency ratio of
air-cooled 3-phase electric central air conditioners and central air conditioning heat pumps less than 65,000 Btu
per hour (cooling capacity), single package, shall be 13.0;
‘‘(iii) the minimum heating seasonal performance factor
of air-cooled 3-phase electric central air conditioning heat
pumps less than 65,000 Btu per hour (cooling capacity),
split systems, shall be 7.7; and
‘‘(iv) the minimum heating seasonal performance factor
of air-cooled 3-phase electric central air conditioning heat
pumps less than 65,000 Btu per hour (cooling capacity),
single package, shall be 7.7.’’; and
(5) by adding at the end the following:
‘‘(10) SINGLE PACKAGE VERTICAL AIR CONDITIONERS AND
SINGLE PACKAGE VERTICAL HEAT PUMPS.—

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1571

‘‘(A) IN GENERAL.—Single package vertical air conditioners and single package vertical heat pumps manufactured on or after January 1, 2010, shall meet the following
standards:
‘‘(i) The minimum energy efficiency ratio of single
package vertical air conditioners less than 65,000 Btu
per hour (cooling capacity), single-phase, shall be 9.0.
‘‘(ii) The minimum energy efficiency ratio of single
package vertical air conditioners less than 65,000 Btu
per hour (cooling capacity), 3-phase, shall be 9.0.
‘‘(iii) The minimum energy efficiency ratio of single
package vertical air conditioners at or above 65,000
Btu per hour (cooling capacity) but less than 135,000
Btu per hour (cooling capacity), shall be 8.9.
‘‘(iv) The minimum energy efficiency ratio of single
package vertical air conditioners at or above 135,000
Btu per hour (cooling capacity) but less than 240,000
Btu per hour (cooling capacity), shall be 8.6.
‘‘(v) The minimum energy efficiency ratio of single
package vertical heat pumps less than 65,000 Btu per
hour (cooling capacity), single-phase, shall be 9.0 and
the minimum coefficient of performance in the heating
mode shall be 3.0.
‘‘(vi) The minimum energy efficiency ratio of single
package vertical heat pumps less than 65,000 Btu per
hour (cooling capacity), 3-phase, shall be 9.0 and the
minimum coefficient of performance in the heating
mode shall be 3.0.
‘‘(vii) The minimum energy efficiency ratio of single
package vertical heat pumps at or above 65,000 Btu
per hour (cooling capacity) but less than 135,000 Btu
per hour (cooling capacity), shall be 8.9 and the minimum coefficient of performance in the heating mode
shall be 3.0.
‘‘(viii) The minimum energy efficiency ratio of
single package vertical heat pumps at or above 135,000
Btu per hour (cooling capacity) but less than 240,000
Btu per hour (cooling capacity), shall be 8.6 and the
minimum coefficient of performance in the heating
mode shall be 2.9.
‘‘(B) REVIEW.—Not later than 3 years after the date
of enactment of this paragraph, the Secretary shall review
the most recently published ASHRAE/IES Standard 90.1
with respect to single package vertical air conditioners
and single package vertical heat pumps in accordance with
the procedures established under paragraph (6).’’.

Deadline.

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SEC. 315. IMPROVED ENERGY EFFICIENCY FOR APPLIANCES AND
BUILDINGS IN COLD CLIMATES.

(a) RESEARCH.—Section 911(a)(2) of the Energy Policy Act of
2005 (42 U.S.C. 16191(a)(2)) is amended—
(1) in subparagraph (C), by striking ‘‘and’’ at the end;
(2) in subparagraph (D), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(E) technologies to improve the energy efficiency of
appliances and mechanical systems for buildings in cold

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121 STAT. 1572

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climates, including combined heat and power units and
increased use of renewable resources, including fuel.’’.
(b) REBATES.—Section 124 of the Energy Policy Act of 2005
(42 U.S.C. 15821) is amended—
(1) in subsection (b)(1), by inserting ‘‘, or products with
improved energy efficiency in cold climates,’’ after ‘‘residential
Energy Star products’’; and
(2) in subsection (e), by inserting ‘‘or product with improved
energy efficiency in a cold climate’’ after ‘‘residential Energy
Star product’’ each place it appears.
SEC. 316. TECHNICAL CORRECTIONS.

42 USC 6291.

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42 USC 6291
note.

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(a) DEFINITION OF F96T12 LAMP.—
(1) IN GENERAL.—Section 135(a)(1)(A)(ii) of the Energy
Policy Act of 2005 (Public Law 109–58; 119 Stat. 624) is
amended by striking ‘‘C78.1–1978 (R1984)’’ and inserting
‘‘C78.3–1978 (R1984)’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) takes effect on August 8, 2005.
(b) DEFINITION OF FLUORESCENT LAMP.—Section 321(30)(B)(viii)
of the Energy Policy and Conservation Act (42 U.S.C.
6291(30)(B)(viii)) is amended by striking ‘‘82’’ and inserting ‘‘87’’.
(c) MERCURY VAPOR LAMP BALLASTS.—
(1) DEFINITIONS.—Section 321 of the Energy Policy and
Conservation Act (42 U.S.C. 6291) (as amended by section
301(a)(2)) is amended—
(A) by striking paragraphs (46) through (48) and
inserting the following:
‘‘(46) HIGH INTENSITY DISCHARGE LAMP.—
‘‘(A) IN GENERAL.—The term ‘high intensity discharge
lamp’ means an electric-discharge lamp in which—
‘‘(i) the light-producing arc is stabilized by the
arc tube wall temperature; and
‘‘(ii) the arc tube wall loading is in excess of 3
Watts/cm2.
‘‘(B) INCLUSIONS.—The term ‘high intensity discharge
lamp’ includes mercury vapor, metal halide, and high-pressure sodium lamps described in subparagraph (A).
‘‘(47) MERCURY VAPOR LAMP.—
‘‘(A) IN GENERAL.—The term ‘mercury vapor lamp’
means a high intensity discharge lamp in which the major
portion of the light is produced by radiation from mercury
typically operating at a partial vapor pressure in excess
of 100,000 Pa (approximately 1 atm).
‘‘(B) INCLUSIONS.—The term ‘mercury vapor lamp’
includes clear, phosphor-coated, and self-ballasted screw
base lamps described in subparagraph (A).
‘‘(48) MERCURY VAPOR LAMP BALLAST.—The term ‘mercury
vapor lamp ballast’ means a device that is designed and marketed to start and operate mercury vapor lamps intended for
general illumination by providing the necessary voltage and
current.’’; and
(B) by adding at the end the following:
‘‘(53) SPECIALTY APPLICATION MERCURY VAPOR LAMP BALLAST.—The term ‘specialty application mercury vapor lamp ballast’ means a mercury vapor lamp ballast that—

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121 STAT. 1573

‘‘(A) is designed and marketed for operation of mercury
vapor lamps used in quality inspection, industrial processing, or scientific use, including fluorescent microscopy
and ultraviolet curing; and
‘‘(B) in the case of a specialty application mercury
vapor lamp ballast, the label of which—
‘‘(i) provides that the specialty application mercury
vapor lamp ballast is ‘For specialty applications only,
not for general illumination’; and
‘‘(ii) specifies the specific applications for which
the ballast is designed.’’.
(2) STANDARD SETTING AUTHORITY.—Section 325(ee) of the
Energy Policy and Conservation Act (42 U.S.C. 6295(ee)) is
amended by inserting ‘‘(other than specialty application mercury vapor lamp ballasts)’’ after ‘‘ballasts’’.
(d) ENERGY CONSERVATION STANDARDS.—Section 325 of the
Energy Policy and Conservation Act (42 U.S.C. 6295) is amended—
(1) in subsection (v)—
(A) in the subsection heading, by striking ‘‘CEILING
FANS AND’’;
(B) by striking paragraph (1); and
(C) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively; and
(2) in subsection (ff)—
(A) in paragraph (1)(A)—
(i) by striking clause (iii);
(ii) by redesignating clause (iv) as clause (iii); and
(iii) in clause (iii)(II) (as so redesignated), by
inserting ‘‘fans sold for’’ before ‘‘outdoor’’; and
(B) in paragraph (4)(C)—
(i) in the matter preceding clause (i), by striking
‘‘subparagraph (B)’’ and inserting ‘‘subparagraph (A)’’;
and
(ii) by striking clause (ii) and inserting the following:
‘‘(ii) shall be packaged with lamps to fill all sockets.’’;
(C) in paragraph (6), by redesignating subparagraphs
(C) and (D) as clauses (i) and (ii), respectively, of subparagraph (B); and
(D) in paragraph (7), by striking ‘‘327’’ the second
place it appears and inserting ‘‘324’’.

Subtitle B—Lighting Energy Efficiency

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SEC. 321. EFFICIENT LIGHT BULBS.

(a) ENERGY EFFICIENCY STANDARDS FOR GENERAL SERVICE
INCANDESCENT LAMPS.—
(1) DEFINITION OF GENERAL SERVICE INCANDESCENT LAMP.—
Section 321(30) of the Energy Policy and Conservation Act
(42 U.S.C. 6291(30)) is amended—
(A) by striking subparagraph (D) and inserting the
following:
‘‘(D) GENERAL SERVICE INCANDESCENT LAMP.—
‘‘(i) IN GENERAL.—The term ‘general service
incandescent lamp’ means a standard incandescent or
halogen type lamp that—

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121 STAT. 1574

PUBLIC LAW 110–140—DEC. 19, 2007
‘‘(I) is intended for general service applications;
‘‘(II) has a medium screw base;
‘‘(III) has a lumen range of not less than 310
lumens and not more than 2,600 lumens; and
‘‘(IV) is capable of being operated at a voltage
range at least partially within 110 and 130 volts.
‘‘(ii) EXCLUSIONS.—The term ‘general service
incandescent lamp’ does not include the following
incandescent lamps:
‘‘(I) An appliance lamp.
‘‘(II) A black light lamp.
‘‘(III) A bug lamp.
‘‘(IV) A colored lamp.
‘‘(V) An infrared lamp.
‘‘(VI) A left-hand thread lamp.
‘‘(VII) A marine lamp.
‘‘(VIII) A marine signal service lamp.
‘‘(IX) A mine service lamp.
‘‘(X) A plant light lamp.
‘‘(XI) A reflector lamp.
‘‘(XII) A rough service lamp.
‘‘(XIII) A shatter-resistant lamp (including a
shatter-proof lamp and a shatter-protected lamp).
‘‘(XIV) A sign service lamp.
‘‘(XV) A silver bowl lamp.
‘‘(XVI) A showcase lamp.
‘‘(XVII) A 3-way incandescent lamp.
‘‘(XVIII) A traffic signal lamp.
‘‘(XIX) A vibration service lamp.
‘‘(XX) A G shape lamp (as defined in ANSI
C78.20–2003 and C79.1–2002 with a diameter of
5 inches or more.
‘‘(XXI) A T shape lamp (as defined in ANSI
C78.20–2003 and C79.1–2002) and that uses not
more than 40 watts or has a length of more than
10 inches.
‘‘(XXII) A B, BA, CA, F, G16–1/2, G–25, G30,
S, or M–14 lamp (as defined in ANSI C79.1–2002
and ANSI C78.20–2003) of 40 watts or less.’’; and
(B) by adding at the end the following:
‘‘(T) APPLIANCE LAMP.—The term ‘appliance lamp’
means any lamp that—
‘‘(i) is specifically designed to operate in a household appliance, has a maximum wattage of 40 watts,
and is sold at retail, including an oven lamp, refrigerator lamp, and vacuum cleaner lamp; and
‘‘(ii) is designated and marketed for the intended
application, with—
‘‘(I) the designation on the lamp packaging;
and
‘‘(II) marketing materials that identify the
lamp as being for appliance use.
‘‘(U) CANDELABRA BASE INCANDESCENT LAMP.—The
term ‘candelabra base incandescent lamp’ means a lamp
that uses candelabra screw base as described in ANSI

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1575

C81.61–2006, Specifications for Electric Bases, common
designations E11 and E12.
‘‘(V) INTERMEDIATE BASE INCANDESCENT LAMP.—The
term ‘intermediate base incandescent lamp’ means a lamp
that uses an intermediate screw base as described in ANSI
C81.61–2006, Specifications for Electric Bases, common
designation E17.
‘‘(W) MODIFIED SPECTRUM.—The term ‘modified spectrum’ means, with respect to an incandescent lamp, an
incandescent lamp that—
‘‘(i) is not a colored incandescent lamp; and
‘‘(ii) when operated at the rated voltage and wattage of the incandescent lamp—
‘‘(I) has a color point with (x,y) chromaticity
coordinates on the Commission Internationale de
l’Eclairage (C.I.E.) 1931 chromaticity diagram that
lies below the black-body locus; and
‘‘(II) has a color point with (x,y) chromaticity
coordinates on the C.I.E. 1931 chromaticity diagram that lies at least 4 MacAdam steps (as referenced in IESNA LM16) distant from the color
point of a clear lamp with the same filament and
bulb shape, operated at the same rated voltage
and wattage.
‘‘(X) ROUGH SERVICE LAMP.—The term ‘rough service
lamp’ means a lamp that—
‘‘(i) has a minimum of 5 supports with filament
configurations that are C–7A, C–11, C–17, and C–
22 as listed in Figure 6–12 of the 9th edition of the
IESNA Lighting handbook, or similar configurations
where lead wires are not counted as supports; and
‘‘(ii) is designated and marketed specifically for
‘rough service’ applications, with—
‘‘(I) the designation appearing on the lamp
packaging; and
‘‘(II) marketing materials that identify the
lamp as being for rough service.
‘‘(Y) 3-WAY INCANDESCENT LAMP.—The term ‘3-way
incandescent lamp’ includes an incandescent lamp that—
‘‘(i) employs 2 filaments, operated separately and
in combination, to provide 3 light levels; and
‘‘(ii) is designated on the lamp packaging and marketing materials as being a 3-way incandescent lamp.
‘‘(Z) SHATTER-RESISTANT LAMP, SHATTER-PROOF LAMP,
OR SHATTER-PROTECTED LAMP.—The terms ‘shatter-resistant lamp’, ‘shatter-proof lamp’, and ‘shatter-protected lamp’
mean a lamp that—
‘‘(i) has a coating or equivalent technology that
is compliant with NSF/ANSI 51 and is designed to
contain the glass if the glass envelope of the lamp
is broken; and
‘‘(ii) is designated and marketed for the intended
application, with—
‘‘(I) the designation on the lamp packaging;
and

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PUBLIC LAW 110–140—DEC. 19, 2007
‘‘(II) marketing materials that identify the
lamp as being shatter-resistant, shatter-proof, or
shatter-protected.
‘‘(AA) VIBRATION SERVICE LAMP.—The term ‘vibration
service lamp’ means a lamp that—
‘‘(i) has filament configurations that are C–5, C–
7A, or C–9, as listed in Figure 6–12 of the 9th Edition
of the IESNA Lighting Handbook or similar configurations;
‘‘(ii) has a maximum wattage of 60 watts;
‘‘(iii) is sold at retail in packages of 2 lamps or
less; and
‘‘(iv) is designated and marketed specifically for
vibration service or vibration-resistant applications,
with—
‘‘(I) the designation appearing on the lamp
packaging; and
‘‘(II) marketing materials that identify the
lamp as being vibration service only.
‘‘(BB) GENERAL SERVICE LAMP.—
‘‘(i) IN GENERAL.—The term ‘general service lamp’
includes—
‘‘(I) general service incandescent lamps;
‘‘(II) compact fluorescent lamps;
‘‘(III) general service light-emitting diode (LED
or OLED) lamps; and
‘‘(IV) any other lamps that the Secretary determines are used to satisfy lighting applications
traditionally served by general service incandescent lamps.
‘‘(ii) EXCLUSIONS.—The term ‘general service lamp’
does not include—
‘‘(I) any lighting application or bulb shape
described in any of subclauses (I) through (XXII)
of subparagraph (D)(ii); or
‘‘(II) any general service fluorescent lamp or
incandescent reflector lamp.
‘‘(CC) LIGHT-EMITTING DIODE; LED.—
‘‘(i) IN GENERAL.—The terms ‘light-emitting diode’
and ‘LED’ means a p-n junction solid state device the
radiated output of which is a function of the physical
construction, material used, and exciting current of
the device.
‘‘(ii) OUTPUT.—The output of a light-emitting diode
may be in—
‘‘(I) the infrared region;
‘‘(II) the visible region; or
‘‘(III) the ultraviolet region.
‘‘(DD) ORGANIC LIGHT-EMITTING DIODE; OLED.—The
terms ‘organic light-emitting diode’ and ‘OLED’ mean a
thin-film light-emitting device that typically consists of a
series of organic layers between 2 electrical contacts (electrodes).
‘‘(EE) COLORED INCANDESCENT LAMP.—The term ‘colored incandescent lamp’ means an incandescent lamp designated and marketed as a colored lamp that has—

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121 STAT. 1577

‘‘(i) a color rendering index of less than 50, as
determined according to the test method given in C.I.E.
publication 13.3–1995; or
‘‘(ii) a correlated color temperature of less than
2,500K, or greater than 4,600K, where correlated
temperature is computed according to the Journal of
Optical Society of America, Vol. 58, pages 1528–1595
(1986).’’.
(2) COVERAGE.—Section 322(a)(14) of the Energy Policy
and Conservation Act (42 U.S.C. 6292(a)(14)) is amended by
inserting ‘‘, general service incandescent lamps,’’ after ‘‘fluorescent lamps’’.
(3) ENERGY CONSERVATION STANDARDS.—Section 325 of the
Energy Policy and Conservation Act (42 U.S.C. 6295) is
amended—
(A) in subsection (i)—
(i) in the section heading, by inserting ‘‘, GENERAL
SERVICE INCANDESCENT LAMPS, INTERMEDIATE BASE
INCANDESCENT LAMPS, CANDELABRA BASE INCANDESCENT LAMPS,’’ after ‘‘FLUORESCENT LAMPS’’;
(ii) in paragraph (1)—
(I) in subparagraph (A)—
(aa) by inserting ‘‘, general service
incandescent
lamps,
intermediate
base
incandescent lamps, candelabra base incandescent lamps,’’ after ‘‘fluorescent lamps’’;
(bb) by inserting ‘‘, new maximum wattage,’’ after ‘‘lamp efficacy’’; and
(cc) by inserting after the table entitled
‘‘INCANDESCENT REFLECTOR LAMPS’’ the following:
‘‘GENERAL SERVICE INCANDESCENT LAMPS
Rated Lumen Ranges

Maximum Rate
Wattage

1490–2600
1050–1489
750–1049
310–749

72
53
43
29

Minimum
Rate Lifetime

Effective
Date

1,000
1,000
1,000
1,000

1/1/2012
1/1/2013
1/1/2014
1/1/2014

hrs
hrs
hrs
hrs

‘‘MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS
Rated Lumen Ranges

Maximum Rate
Wattage

1118–1950
788–1117
563–787
232–562

72
53
43
29

Minimum
Rate Lifetime

Effective
Date

1,000
1,000
1,000
1,000

1/1/2012
1/1/2013
1/1/2014
1/1/2014’’;

hrs
hrs
hrs
hrs

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and
(II) by striking subparagraph (B) and inserting
the following:
‘‘(B) APPLICATION.—

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121 STAT. 1578

PUBLIC LAW 110–140—DEC. 19, 2007
‘‘(i) APPLICATION CRITERIA.—This subparagraph
applies to each lamp that—
‘‘(I) is intended for a general service or general
illumination application (whether incandescent or
not);
‘‘(II) has a medium screw base or any other
screw base not defined in ANSI C81.61–2006;
‘‘(III) is capable of being operated at a voltage
at least partially within the range of 110 to 130
volts; and
‘‘(IV) is manufactured or imported after
December 31, 2011.
‘‘(ii) REQUIREMENT.—For purposes of this paragraph, each lamp described in clause (i) shall have
a color rendering index that is greater than or equal
to—
‘‘(I) 80 for nonmodified spectrum lamps; or
‘‘(II) 75 for modified spectrum lamps.
‘‘(C) CANDELABRA INCANDESCENT LAMPS AND INTERMEDIATE BASE INCANDESCENT LAMPS.—
‘‘(i) CANDELABRA BASE INCANDESCENT LAMPS.—A
candelabra base incandescent lamp shall not exceed
60 rated watts.
‘‘(ii) INTERMEDIATE BASE INCANDESCENT LAMPS.—
An intermediate base incandescent lamp shall not
exceed 40 rated watts.
‘‘(D) EXEMPTIONS.—
‘‘(i) PETITION.—Any person may petition the Secretary for an exemption for a type of general service
lamp from the requirements of this subsection.
‘‘(ii) CRITERIA.—The Secretary may grant an
exemption under clause (i) only to the extent that
the Secretary finds, after a hearing and opportunity
for public comment, that it is not technically feasible
to serve a specialized lighting application (such as
a military, medical, public safety, or certified historic
lighting application) using a lamp that meets the
requirements of this subsection.
‘‘(iii) ADDITIONAL CRITERION.—To grant an exemption for a product under this subparagraph, the Secretary shall include, as an additional criterion, that
the exempted product is unlikely to be used in a general service lighting application.
‘‘(E) EXTENSION OF COVERAGE.—
‘‘(i) PETITION.—Any person may petition the Secretary to establish standards for lamp shapes or bases
that are excluded from the definition of general service
lamps.
‘‘(ii) INCREASED SALES OF EXEMPTED LAMPS.—The
petition shall include evidence that the availability
or sales of exempted incandescent lamps have
increased significantly since the date on which the
standards on general service incandescent lamps were
established.
‘‘(iii) CRITERIA.—The Secretary shall grant a petition under clause (i) if the Secretary finds that—

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‘‘(I) the petition presents evidence that demonstrates that commercial availability or sales of
exempted incandescent lamp types have increased
significantly since the standards on general service
lamps were established and likely are being widely
used in general lighting applications; and
‘‘(II) significant energy savings could be
achieved by covering exempted products, as determined by the Secretary based on sales data provided to the Secretary from manufacturers and
importers.
‘‘(iv) NO PRESUMPTION.—The grant of a petition
under this subparagraph shall create no presumption
with respect to the determination of the Secretary with
respect to any criteria under a rulemaking conducted
under this section.
‘‘(v) EXPEDITED PROCEEDING.—If the Secretary
grants a petition for a lamp shape or base under this
subparagraph, the Secretary shall—
‘‘(I) conduct a rulemaking to determine standards for the exempted lamp shape or base; and
‘‘(II) complete the rulemaking not later than
18 months after the date on which notice is provided granting the petition.
‘‘(F) DEFINITION OF EFFECTIVE DATE.—In this paragraph, except as otherwise provided in a table contained
in subparagraph (A), the term ‘effective date’ means the
last day of the month specified in the table that follows
October 24, 1992.’’;
(iii) in paragraph (5), in the first sentence, by
striking ‘‘and general service incandescent lamps’’;
(iv) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively; and
(v) by inserting after paragraph (5) the following:
‘‘(6) STANDARDS FOR GENERAL SERVICE LAMPS.—
‘‘(A) RULEMAKING BEFORE JANUARY 1, 2014.—
‘‘(i) IN GENERAL.—Not later than January 1, 2014,
the Secretary shall initiate a rulemaking procedure
to determine whether—
‘‘(I) standards in effect for general service
lamps should be amended to establish more stringent standards than the standards specified in
paragraph (1)(A); and
‘‘(II) the exemptions for certain incandescent
lamps should be maintained or discontinued based,
in part, on exempted lamp sales collected by the
Secretary from manufacturers.
‘‘(ii) SCOPE.—The rulemaking—
‘‘(I) shall not be limited to incandescent lamp
technologies; and
‘‘(II) shall include consideration of a minimum
standard of 45 lumens per watt for general service
lamps.
‘‘(iii) AMENDED STANDARDS.—If the Secretary determines that the standards in effect for general service
incandescent lamps should be amended, the Secretary
shall publish a final rule not later than January 1,

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PUBLIC LAW 110–140—DEC. 19, 2007
2017, with an effective date that is not earlier than
3 years after the date on which the final rule is published.
‘‘(iv) PHASED-IN EFFECTIVE DATES.—The Secretary
shall consider phased-in effective dates under this
subparagraph after considering—
‘‘(I) the impact of any amendment on manufacturers, retiring and repurposing existing equipment, stranded investments, labor contracts,
workers, and raw materials; and
‘‘(II) the time needed to work with retailers
and lighting designers to revise sales and marketing strategies.
‘‘(v) BACKSTOP REQUIREMENT.—If the Secretary
fails to complete a rulemaking in accordance with
clauses (i) through (iv) or if the final rule does not
produce savings that are greater than or equal to the
savings from a minimum efficacy standard of 45
lumens per watt, effective beginning January 1, 2020,
the Secretary shall prohibit the sale of any general
service lamp that does not meet a minimum efficacy
standard of 45 lumens per watt.
‘‘(vi) STATE PREEMPTION.—Neither section 327(b)
nor any other provision of law shall preclude California
or Nevada from adopting, effective beginning on or
after January 1, 2018—
‘‘(I) a final rule adopted by the Secretary in
accordance with clauses (i) through (iv);
‘‘(II) if a final rule described in subclause (I)
has not been adopted, the backstop requirement
under clause (v); or
‘‘(III) in the case of California, if a final rule
described in subclause (I) has not been adopted,
any California regulations relating to these covered
products adopted pursuant to State statute in
effect as of the date of enactment of the Energy
Independence and Security Act of 2007.
‘‘(B) RULEMAKING BEFORE JANUARY 1, 2020.—
‘‘(i) IN GENERAL.—Not later than January 1, 2020,
the Secretary shall initiate a rulemaking procedure
to determine whether—
‘‘(I) standards in effect for general service
incandescent lamps should be amended to reflect
lumen ranges with more stringent maximum wattage than the standards specified in paragraph
(1)(A); and
‘‘(II) the exemptions for certain incandescent
lamps should be maintained or discontinued based,
in part, on exempted lamp sales data collected
by the Secretary from manufacturers.
‘‘(ii) SCOPE.—The rulemaking shall not be limited
to incandescent lamp technologies.
‘‘(iii) AMENDED STANDARDS.—If the Secretary determines that the standards in effect for general service
incandescent lamps should be amended, the Secretary
shall publish a final rule not later than January 1,
2022, with an effective date that is not earlier than

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3 years after the date on which the final rule is published.
‘‘(iv) PHASED-IN EFFECTIVE DATES.—The Secretary
shall consider phased-in effective dates under this
subparagraph after considering—
‘‘(I) the impact of any amendment on manufacturers, retiring and repurposing existing equipment, stranded investments, labor contracts,
workers, and raw materials; and
‘‘(II) the time needed to work with retailers
and lighting designers to revise sales and marketing strategies.’’; and
(B) in subsection (l), by adding at the end the following:
‘‘(4) ENERGY EFFICIENCY STANDARDS FOR CERTAIN LAMPS.—
‘‘(A) IN GENERAL.—The Secretary shall prescribe an
energy efficiency standard for rough service lamps, vibration service lamps, 3-way incandescent lamps, 2,601–3,300
lumen general service incandescent lamps, and shatterresistant lamps only in accordance with this paragraph.
‘‘(B) BENCHMARKS.—Not later than 1 year after the
date of enactment of this paragraph, the Secretary, in
consultation with the National Electrical Manufacturers
Association, shall—
‘‘(i) collect actual data for United States unit sales
for each of calendar years 1990 through 2006 for each
of the 5 types of lamps described in subparagraph
(A) to determine the historical growth rate of the type
of lamp; and
‘‘(ii) construct a model for each type of lamp based
on coincident economic indicators that closely match
the historical annual growth rate of the type of lamp
to provide a neutral comparison benchmark to model
future unit sales after calendar year 2006.
‘‘(C) ACTUAL SALES DATA.—
‘‘(i) IN GENERAL.—Effective for each of calendar
years 2010 through 2025, the Secretary, in consultation
with the National Electrical Manufacturers Association, shall—
‘‘(I) collect actual United States unit sales data
for each of 5 types of lamps described in subparagraph (A); and
‘‘(II) not later than 90 days after the end of
each calendar year, compare the lamp sales in
that year with the sales predicted by the comparison benchmark for each of the 5 types of lamps
described in subparagraph (A).
‘‘(ii) CONTINUATION OF TRACKING.—
‘‘(I) DETERMINATION.—Not later than January
1, 2023, the Secretary shall determine if actual
sales data should be tracked for the lamp types
described in subparagraph (A) after calendar year
2025.
‘‘(II) CONTINUATION.—If the Secretary finds
that the market share of a lamp type described
in subparagraph (A) could significantly erode the

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PUBLIC LAW 110–140—DEC. 19, 2007
market share for general service lamps, the Secretary shall continue to track the actual sales data
for the lamp type.
‘‘(D) ROUGH SERVICE LAMPS.—
‘‘(i) IN GENERAL.—Effective beginning with the first
year that the reported annual sales rate for rough
service lamps demonstrates actual unit sales of rough
service lamps that achieve levels that are at least
100 percent higher than modeled unit sales for that
same year, the Secretary shall—
‘‘(I) not later than 90 days after the end of
the previous calendar year, issue a finding that
the index has been exceeded; and
‘‘(II) not later than the date that is 1 year
after the end of the previous calendar year, complete an accelerated rulemaking to establish an
energy conservation standard for rough service
lamps.
‘‘(ii) BACKSTOP REQUIREMENT.—If the Secretary
fails to complete an accelerated rulemaking in accordance with clause (i)(II), effective beginning 1 year after
the date of the issuance of the finding under clause
(i)(I), the Secretary shall require rough service lamps
to—
‘‘(I) have a shatter-proof coating or equivalent
technology that is compliant with NSF/ANSI 51
and is designed to contain the glass if the glass
envelope of the lamp is broken and to provide
effective containment over the life of the lamp;
‘‘(II) have a maximum 40-watt limitation; and
‘‘(III) be sold at retail only in a package containing 1 lamp.
‘‘(E) VIBRATION SERVICE LAMPS.—
‘‘(i) IN GENERAL.—Effective beginning with the first
year that the reported annual sales rate for vibration
service lamps demonstrates actual unit sales of vibration service lamps that achieve levels that are at least
100 percent higher than modeled unit sales for that
same year, the Secretary shall—
‘‘(I) not later than 90 days after the end of
the previous calendar year, issue a finding that
the index has been exceeded; and
‘‘(II) not later than the date that is 1 year
after the end of the previous calendar year, complete an accelerated rulemaking to establish an
energy conservation standard for vibration service
lamps.
‘‘(ii) BACKSTOP REQUIREMENT.—If the Secretary
fails to complete an accelerated rulemaking in accordance with clause (i)(II), effective beginning 1 year after
the date of the issuance of the finding under clause
(i)(I), the Secretary shall require vibration service
lamps to—
‘‘(I) have a maximum 40-watt limitation; and
‘‘(II) be sold at retail only in a package containing 1 lamp.
‘‘(F) 3-WAY INCANDESCENT LAMPS.—

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121 STAT. 1583

‘‘(i) IN GENERAL.—Effective beginning with the first
year that the reported annual sales rate for 3-way
incandescent lamps demonstrates actual unit sales of
3-way incandescent lamps that achieve levels that are
at least 100 percent higher than modeled unit sales
for that same year, the Secretary shall—
‘‘(I) not later than 90 days after the end of
the previous calendar year, issue a finding that
the index has been exceeded; and
‘‘(II) not later than the date that is 1 year
after the end of the previous calendar year, complete an accelerated rulemaking to establish an
energy conservation standard for 3-way incandescent lamps.
‘‘(ii) BACKSTOP REQUIREMENT.—If the Secretary
fails to complete an accelerated rulemaking in accordance with clause (i)(II), effective beginning 1 year after
the date of issuance of the finding under clause (i)(I),
the Secretary shall require that—
‘‘(I) each filament in a 3-way incandescent
lamp meet the new maximum wattage requirements for the respective lumen range established
under subsection (i)(1)(A); and
‘‘(II) 3-way lamps be sold at retail only in
a package containing 1 lamp.
‘‘(G) 2,601–3,300 LUMEN GENERAL SERVICE INCANDESCENT LAMPS.—Effective beginning with the first year that
the reported annual sales rate demonstrates actual unit
sales of 2,601–3,300 lumen general service incandescent
lamps in the lumen range of 2,601 through 3,300 lumens
(or, in the case of a modified spectrum, in the lumen
range of 1,951 through 2,475 lumens) that achieve levels
that are at least 100 percent higher than modeled unit
sales for that same year, the Secretary shall impose—
‘‘(i) a maximum 95-watt limitation on general
service incandescent lamps in the lumen range of 2,601
through 3,300 lumens; and
‘‘(ii) a requirement that those lamps be sold at
retail only in a package containing 1 lamp.
‘‘(H) SHATTER-RESISTANT LAMPS.—
‘‘(i) IN GENERAL.—Effective beginning with the first
year that the reported annual sales rate for shatterresistant lamps demonstrates actual unit sales of
shatter-resistant lamps that achieve levels that are
at least 100 percent higher than modeled unit sales
for that same year, the Secretary shall—
‘‘(I) not later than 90 days after the end of
the previous calendar year, issue a finding that
the index has been exceeded; and
‘‘(II) not later than the date that is 1 year
after the end of the previous calendar year, complete an accelerated rulemaking to establish an
energy conservation standard for shatter-resistant
lamps.
‘‘(ii) BACKSTOP REQUIREMENT.—If the Secretary
fails to complete an accelerated rulemaking in accordance with clause (i)(II), effective beginning 1 year after

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the date of issuance of the finding under clause (i)(I),
the Secretary shall impose—
‘‘(I) a maximum wattage limitation of 40 watts
on shatter resistant lamps; and
‘‘(II) a requirement that those lamps be sold
at retail only in a package containing 1 lamp.
‘‘(I) RULEMAKINGS BEFORE JANUARY 1, 2025.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), if the Secretary issues a final rule prior to January
1, 2025, establishing an energy conservation standard
for any of the 5 types of lamps for which data collection
is required under any of subparagraphs (D) through
(G), the requirement to collect and model data for
that type of lamp shall terminate unless, as part of
the rulemaking, the Secretary determines that continued tracking is necessary.
‘‘(ii) BACKSTOP REQUIREMENT.—If the Secretary
imposes a backstop requirement as a result of a failure
to complete an accelerated rulemaking in accordance
with clause (i)(II) of any of subparagraphs (D) through
(G), the requirement to collect and model data for
the applicable type of lamp shall continue for an additional 2 years after the effective date of the backstop
requirement.’’.
(b) CONSUMER EDUCATION AND LAMP LABELING.—Section
324(a)(2)(C) of the Energy Policy and Conservation Act (42 U.S.C.
6294(a)(2)(C)) is amended by adding at the end the following:
‘‘(iii) RULEMAKING TO CONSIDER EFFECTIVENESS OF
LAMP LABELING.—
‘‘(I) IN GENERAL.—Not later than 1 year after
the date of enactment of this clause, the Commission shall initiate a rulemaking to consider—
‘‘(aa) the effectiveness of current lamp
labeling for power levels or watts, light output
or lumens, and lamp lifetime; and
‘‘(bb) alternative labeling approaches that
will help consumers to understand new highefficiency lamp products and to base the purchase decisions of the consumers on the most
appropriate source that meets the requirements of the consumers for lighting level, light
quality, lamp lifetime, and total lifecycle cost.
‘‘(II) COMPLETION.—The Commission shall—
‘‘(aa) complete the rulemaking not later
than the date that is 30 months after the
date of enactment of this clause; and
‘‘(bb) consider reopening the rulemaking
not later than 180 days before the effective
dates of the standards for general service
incandescent lamps established under section
325(i)(1)(A), if the Commission determines
that further labeling changes are needed to
help consumers understand lamp alternatives.’’.
(c) MARKET ASSESSMENTS AND CONSUMER AWARENESS PROGRAM.—

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121 STAT. 1585

(1) IN GENERAL.—In cooperation with the Administrator
of the Environmental Protection Agency, the Secretary of Commerce, the Federal Trade Commission, lighting and retail
industry associations, energy efficiency organizations, and any
other entities that the Secretary of Energy determines to be
appropriate, the Secretary of Energy shall—
(A) conduct an annual assessment of the market for
general service lamps and compact fluorescent lamps—
(i) to identify trends in the market shares of lamp
types, efficiencies, and light output levels purchased
by residential and nonresidential consumers; and
(ii) to better understand the degree to which consumer decisionmaking is based on lamp power levels
or watts, light output or lumens, lamp lifetime, and
other factors, including information required on labels
mandated by the Federal Trade Commission;
(B) provide the results of the market assessment to
the Federal Trade Commission for consideration in the
rulemaking described in section 324(a)(2)(C)(iii) of the
Energy Policy and Conservation Act (42 U.S.C.
6294(a)(2)(C)(iii)); and
(C) in cooperation with industry trade associations,
lighting industry members, utilities, and other interested
parties, carry out a proactive national program of consumer
awareness, information, and education that broadly uses
the media and other effective communication techniques
over an extended period of time to help consumers understand the lamp labels and make energy-efficient lighting
choices that meet the needs of consumers.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $10,000,000
for each of fiscal years 2009 through 2012.
(d) GENERAL RULE OF PREEMPTION FOR ENERGY CONSERVATION
STANDARDS BEFORE FEDERAL STANDARD BECOMES EFFECTIVE FOR
A PRODUCT.—Section 327(b)(1) of the Energy Policy and Conservation Act (42 U.S.C. 6297(b)(1)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(1)’’;
(2) by inserting ‘‘or’’ after the semicolon at the end; and
(3) by adding at the end the following:
‘‘(B) in the case of any portion of any regulation that
establishes requirements for general service incandescent
lamps, intermediate base incandescent lamps, or candelabra
base lamps, was enacted or adopted by the State of California
or Nevada before December 4, 2007, except that—
‘‘(i) the regulation adopted by the California Energy
Commission with an effective date of January 1, 2008,
shall only be effective until the effective date of the Federal
standard for the applicable lamp category under subparagraphs (A), (B), and (C) of section 325(i)(1);
‘‘(ii) the States of California and Nevada may, at any
time, modify or adopt a State standard for general service
lamps to conform with Federal standards with effective
dates no earlier than 12 months prior to the Federal effective dates prescribed under subparagraphs (A), (B), and
(C) of section 325(i)(1), at which time any prior regulations
adopted by the State of California or Nevada shall no
longer be effective; and

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‘‘(iii) all other States may, at any time, modify or
adopt a State standard for general service lamps to conform
with Federal standards and effective dates.’’.
(e) PROHIBITED ACTS.—Section 332(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6302(a)) is amended—
(1) in paragraph (4), by striking ‘‘or’’ at the end;
(2) in paragraph (5), by striking the period at the end
and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(6) for any manufacturer, distributor, retailer, or private
labeler to distribute in commerce an adapter that—
‘‘(A) is designed to allow an incandescent lamp that
does not have a medium screw base to be installed into
a fixture or lampholder with a medium screw base socket;
and
‘‘(B) is capable of being operated at a voltage range
at least partially within 110 and 130 volts.’’.
(f) ENFORCEMENT.—Section 334 of the Energy Policy and Conservation Act (42 U.S.C. 6304) is amended by inserting after the
second sentence the following: ‘‘Any such action to restrain any
person from distributing in commerce a general service incandescent
lamp that does not comply with the applicable standard established
under section 325(i) or an adapter prohibited under section 332(a)(6)
may also be brought by the attorney general of a State in the
name of the State.’’.
(g) RESEARCH AND DEVELOPMENT PROGRAM.—
(1) IN GENERAL.—The Secretary may carry out a lighting
technology research and development program—
(A) to support the research, development, demonstration, and commercial application of lamps and related technologies sold, offered for sale, or otherwise made available
in the United States; and
(B) to assist manufacturers of general service lamps
in the manufacturing of general service lamps that, at
a minimum, achieve the wattage requirements imposed
as a result of the amendments made by subsection (a).
(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this subsection $10,000,000
for each of fiscal years 2008 through 2013.
(3) TERMINATION OF AUTHORITY.—The program under this
subsection shall terminate on September 30, 2015.
(h) REPORTS TO CONGRESS.—
(1) REPORT ON MERCURY USE AND RELEASE.—Not later than
1 year after the date of enactment of this Act, the Secretary,
in cooperation with the Administrator of the Environmental
Protection Agency, shall submit to Congress a report describing
recommendations relating to the means by which the Federal
Government may reduce or prevent the release of mercury
during the manufacture, transportation, storage, or disposal
of light bulbs.
(2) REPORT ON RULEMAKING SCHEDULE.—Beginning on July
1, 2013, and semiannually through July 1, 2016, the Secretary
shall submit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report on—
(A) whether the Secretary will meet the deadlines for
the rulemakings required under this section;

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(B) a description of any impediments to meeting the
deadlines; and
(C) a specific plan to remedy any failures, including
recommendations for additional legislation or resources.
(3) NATIONAL ACADEMY REVIEW.—
(A) IN GENERAL.—Not later than December 31, 2009,
the Secretary shall enter into an arrangement with the
National Academy of Sciences to provide a report by
December 31, 2013, and an updated report by July 31,
2015. The report should include—
(i) the status of advanced solid state lighting
research, development, demonstration and commercialization;
(ii) the impact on the types of lighting available
to consumers of an energy conservation standard
requiring a minimum of 45 lumens per watt for general
service lighting effective in 2020; and
(iii) the time frame for the commercialization of
lighting that could replace current incandescent and
halogen incandescent lamp technology and any other
new technologies developed to meet the minimum
standards required under subsection (a)(3) of this section.
(B) REPORTS.—The reports shall be transmitted to the
Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate.

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SEC. 322. INCANDESCENT REFLECTOR LAMP EFFICIENCY STANDARDS.

(a) DEFINITIONS.—Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) (as amended by section 316(c)(1)(D))
is amended—
(1) in paragraph (30)(C)(ii)—
(A) in the matter preceding subclause (I)—
(i) by striking ‘‘or similar bulb shapes (excluding
ER or BR)’’ and inserting ‘‘ER, BR, BPAR, or similar
bulb shapes’’; and
(ii) by striking ‘‘2.75’’ and inserting ‘‘2.25’’; and
(B) by striking ‘‘is either—’’ and all that follows through
subclause (II) and inserting ‘‘has a rated wattage that
is 40 watts or higher’’; and
(2) by adding at the end the following:
‘‘(54) BPAR INCANDESCENT REFLECTOR LAMP.—The term
‘BPAR incandescent reflector lamp’ means a reflector lamp
as shown in figure C78.21–278 on page 32 of ANSI C78.21–
2003.
‘‘(55) BR INCANDESCENT REFLECTOR LAMP; BR30; BR40.—
‘‘(A) BR INCANDESCENT REFLECTOR LAMP.—The term
‘BR incandescent reflector lamp’ means a reflector lamp
that has—
‘‘(i) a bulged section below the major diameter
of the bulb and above the approximate baseline of
the bulb, as shown in figure 1 (RB) on page 7 of
ANSI C79.1–1994, incorporated by reference in section
430.22 of title 10, Code of Federal Regulations (as
in effect on the date of enactment of this paragraph);
and

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‘‘(ii) a finished size and shape shown in ANSI
C78.21–1989, including the referenced reflective
characteristics in part 7 of ANSI C78.21–1989, incorporated by reference in section 430.22 of title 10, Code
of Federal Regulations (as in effect on the date of
enactment of this paragraph).
‘‘(B) BR30.—The term ‘BR30’ means a BR incandescent
reflector lamp with a diameter of 30/8ths of an inch.
‘‘(C) BR40.—The term ‘BR40’ means a BR incandescent
reflector lamp with a diameter of 40/8ths of an inch.
‘‘(56) ER INCANDESCENT REFLECTOR LAMP; ER30; ER40.—
‘‘(A) ER INCANDESCENT REFLECTOR LAMP.—The term
‘ER incandescent reflector lamp’ means a reflector lamp
that has—
‘‘(i) an elliptical section below the major diameter
of the bulb and above the approximate baseline of
the bulb, as shown in figure 1 (RE) on page 7 of
ANSI C79.1–1994, incorporated by reference in section
430.22 of title 10, Code of Federal Regulations (as
in effect on the date of enactment of this paragraph);
and
‘‘(ii) a finished size and shape shown in ANSI
C78.21–1989, incorporated by reference in section
430.22 of title 10, Code of Federal Regulations (as
in effect on the date of enactment of this paragraph).
‘‘(B) ER30.—The term ‘ER30’ means an ER incandescent reflector lamp with a diameter of 30/8ths of an inch.
‘‘(C) ER40.—The term ‘ER40’ means an ER incandescent reflector lamp with a diameter of 40/8ths of an inch.
‘‘(57) R20 INCANDESCENT REFLECTOR LAMP.—The term ‘R20
incandescent reflector lamp’ means a reflector lamp that has
a face diameter of approximately 2.5 inches, as shown in figure
1(R) on page 7 of ANSI C79.1–1994.’’.
(b) STANDARDS FOR FLUORESCENT LAMPS AND INCANDESCENT
REFLECTOR LAMPS.—Section 325(i) of the Energy Policy and Conservation Act (42 U.S.C. 6995(i)) is amended by striking paragraph
(1) and inserting the following:
‘‘(1) STANDARDS.—
‘‘(A) DEFINITION OF EFFECTIVE DATE.—In this paragraph (other than subparagraph (D)), the term ‘effective
date’ means, with respect to each type of lamp specified
in a table contained in subparagraph (B), the last day
of the period of months corresponding to that type of lamp
(as specified in the table) that follows October 24, 1992.
‘‘(B) MINIMUM STANDARDS.—Each of the following general service fluorescent lamps and incandescent reflector
lamps manufactured after the effective date specified in
the tables contained in this paragraph shall meet or exceed
the following lamp efficacy and CRI standards:

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‘‘FLUORESCENT LAMPS

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Lamp Type

Nominal
Lamp
Wattage

Minimum
CRI

Minimum Average
Lamp Efficacy
(LPW)

Effective
Date (Period of
Months)

4-foot medium bi-pin ....

>35 W
≤35 W

69
45

75.0
75.0

36
36

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121 STAT. 1589

‘‘FLUORESCENT LAMPS—Continued

Lamp Type

2-foot U-shaped .............
8-foot slimline ...............
8-foot high output .........

Nominal
Lamp
Wattage

Minimum
CRI

Minimum Average
Lamp Efficacy
(LPW)

Effective
Date (Period of
Months)

>35 W
≤35 W
65 W
≤65 W
>100 W
≤100 W

69
45
69
45
69
45

68.0
64.0
80.0
80.0
80.0
80.0

36
36
18
18
18
18

‘‘INCANDESCENT REFLECTOR LAMPS

Nominal Lamp Wattage

Minimum Average
Lamp Efficacy
(LPW)

Effective
Date (Period of
Months)

40–50 .......................................................................
51–66 .......................................................................
67–85 .......................................................................
86–115 .....................................................................
116–155 .....................................................................
156–205 .....................................................................

10.5
11.0
12.5
14.0
14.5
15.0

36
36
36
36
36
36

‘‘(C) EXEMPTIONS.—The standards specified in subparagraph (B) shall not apply to the following types of incandescent reflector lamps:
‘‘(i) Lamps rated at 50 watts or less that are ER30,
BR30, BR40, or ER40 lamps.
‘‘(ii) Lamps rated at 65 watts that are BR30, BR40,
or ER40 lamps.
‘‘(iii) R20 incandescent reflector lamps rated 45
watts or less.
‘‘(D) EFFECTIVE DATES.—
‘‘(i) ER, BR, AND BPAR LAMPS.—The standards specified in subparagraph (B) shall apply with respect to
ER incandescent reflector lamps, BR incandescent
reflector lamps, BPAR incandescent reflector lamps,
and similar bulb shapes on and after January 1, 2008.
‘‘(ii) LAMPS BETWEEN 2.25–2.75 INCHES IN
DIAMETER.—The standards specified in subparagraph
(B) shall apply with respect to incandescent reflector
lamps with a diameter of more than 2.25 inches, but
not more than 2.75 inches, on and after the later
of January 1, 2008, or the date that is 180 days after
the date of enactment of the Energy Independence
and Security Act of 2007.’’.

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SEC. 323. PUBLIC BUILDING ENERGY EFFICIENT AND RENEWABLE
ENERGY SYSTEMS.

(a) ESTIMATE OF ENERGY PERFORMANCE IN PROSPECTUS.—Section 3307(b) of title 40, United States Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6)
and inserting ‘‘; and’’; and
(3) by inserting after paragraph (6) the following:

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PUBLIC LAW 110–140—DEC. 19, 2007

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‘‘(7) with respect to any prospectus for the construction,
alteration, or acquisition of any building or space to be leased,
an estimate of the future energy performance of the building
or space and a specific description of the use of energy efficient
and renewable energy systems, including photovoltaic systems,
in carrying out the project.’’.
(b) MINIMUM PERFORMANCE REQUIREMENTS FOR LEASED
SPACE.—Section 3307 of such title is amended—
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following:
‘‘(f) MINIMUM PERFORMANCE REQUIREMENTS FOR LEASED
SPACE.—With respect to space to be leased, the Administrator shall
include, to the maximum extent practicable, minimum performance
requirements requiring energy efficiency and the use of renewable
energy.’’.
(c) USE OF ENERGY EFFICIENT LIGHTING FIXTURES AND BULBS.—
(1) IN GENERAL.—Chapter 33 of such title is amended—
(A) by redesignating sections 3313, 3314, and 3315
as sections 3314, 3315, and 3316, respectively; and
(B) by inserting after section 3312 the following:
‘‘§ 3313. Use of energy efficient lighting fixtures and bulbs
‘‘(a) CONSTRUCTION, ALTERATION, AND ACQUISITION OF PUBLIC
BUILDINGS.—Each public building constructed, altered, or acquired
by the Administrator of General Services shall be equipped, to
the maximum extent feasible as determined by the Administrator,
with lighting fixtures and bulbs that are energy efficient.
‘‘(b) MAINTENANCE OF PUBLIC BUILDINGS.—Each lighting fixture
or bulb that is replaced by the Administrator in the normal course
of maintenance of public buildings shall be replaced, to the maximum extent feasible, with a lighting fixture or bulb that is energy
efficient.
‘‘(c) CONSIDERATIONS.—In making a determination under this
section concerning the feasibility of installing a lighting fixture
or bulb that is energy efficient, the Administrator shall consider—
‘‘(1) the life-cycle cost effectiveness of the fixture or bulb;
‘‘(2) the compatibility of the fixture or bulb with existing
equipment;
‘‘(3) whether use of the fixture or bulb could result in
interference with productivity;
‘‘(4) the aesthetics relating to use of the fixture or bulb;
and
‘‘(5) such other factors as the Administrator determines
appropriate.
‘‘(d) ENERGY STAR.—A lighting fixture or bulb shall be treated
as being energy efficient for purposes of this section if—
‘‘(1) the fixture or bulb is certified under the Energy Star
program established by section 324A of the Energy Policy and
Conservation Act (42 U.S.C. 6294a);
‘‘(2) in the case of all light-emitting diode (LED) luminaires,
lamps, and systems whose efficacy (lumens per watt) and Color
Rendering Index (CRI) meet the Department of Energy requirements for minimum luminaire efficacy and CRI for the Energy
Star certification, as verified by an independent third-party
testing laboratory that the Administrator and the Secretary

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1591

of Energy determine conducts its tests according to the procedures and recommendations of the Illuminating Engineering
Society of North America, even if the luminaires, lamps, and
systems have not received such certification; or
‘‘(3) the Administrator and the Secretary of Energy have
otherwise determined that the fixture or bulb is energy efficient.
‘‘(e) ADDITIONAL ENERGY EFFICIENT LIGHTING DESIGNATIONS.—
The Administrator of the Environmental Protection Agency and
the Secretary of Energy shall give priority to establishing Energy
Star performance criteria or Federal Energy Management Program
designations for additional lighting product categories that are
appropriate for use in public buildings.
‘‘(f) GUIDELINES.—The Administrator shall develop guidelines
for the use of energy efficient lighting technologies that contain
mercury in child care centers in public buildings.
‘‘(g) APPLICABILITY OF BUY AMERICAN ACT.—Acquisitions carried out pursuant to this section shall be subject to the requirements
of the Buy American Act (41 U.S.C. 10c et seq.).
‘‘(h) EFFECTIVE DATE.—The requirements of subsections (a) and
(b) shall take effect 1 year after the date of enactment of this
subsection.’’.
(2) CLERICAL AMENDMENT.—The analysis for such chapter
is amended by striking the items relating to sections 3313,
3314, and 3315 and inserting the following:
‘‘3313.
‘‘3314.
‘‘3315.
‘‘3316.

Use of energy efficient lighting fixtures and bulbs.
Delegation.
Report to Congress.
Certain authority not affected.’’.

(d) EVALUATION FACTOR.—Section 3310 of such title is
amended—
(1) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and
(2) by inserting after paragraph (2) the following:
‘‘(3) shall include in the solicitation for any lease requiring
a prospectus under section 3307 an evaluation factor considering the extent to which the offeror will promote energy efficiency and the use of renewable energy;’’.

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SEC. 324. METAL HALIDE LAMP FIXTURES.

(a) DEFINITIONS.—Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) (as amended by section 322(a)(2))
is amended by adding at the end the following:
‘‘(58) BALLAST.—The term ‘ballast’ means a device used
with an electric discharge lamp to obtain necessary circuit
conditions (voltage, current, and waveform) for starting and
operating.
‘‘(59) BALLAST EFFICIENCY.—
‘‘(A) IN GENERAL.—The term ‘ballast efficiency’ means,
in the case of a high intensity discharge fixture, the efficiency of a lamp and ballast combination, expressed as
a percentage, and calculated in accordance with the following formula: Efficiency = Pout/Pin.
‘‘(B) EFFICIENCY FORMULA.—For the purpose of
subparagraph (A)—
‘‘(i) Pout shall equal the measured operating lamp
wattage;

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121 STAT. 1592

PUBLIC LAW 110–140—DEC. 19, 2007
‘‘(ii) Pin shall equal the measured operating input
wattage;
‘‘(iii) the lamp, and the capacitor when the capacitor is provided, shall constitute a nominal system
in accordance with the ANSI Standard C78.43–2004;
‘‘(iv) for ballasts with a frequency of 60 Hz, Pin
and Pout shall be measured after lamps have been
stabilized according to section 4.4 of ANSI Standard
C82.6–2005 using a wattmeter with accuracy specified
in section 4.5 of ANSI Standard C82.6–2005; and
‘‘(v) for ballasts with a frequency greater than
60 Hz, Pin and Pout shall have a basic accuracy of
± 0.5 percent at the higher of—
‘‘(I) 3 times the output operating frequency
of the ballast; or
‘‘(II) 2 kHz for ballast with a frequency greater
than 60 Hz.
‘‘(C) MODIFICATION.—The Secretary may, by rule,
modify the definition of ‘ballast efficiency’ if the Secretary
determines that the modification is necessary or appropriate to carry out the purposes of this Act.
‘‘(60) ELECTRONIC BALLAST.—The term ‘electronic ballast’
means a device that uses semiconductors as the primary means
to control lamp starting and operation.
‘‘(61) GENERAL LIGHTING APPLICATION.—The term ‘general
lighting application’ means lighting that provides an interior
or exterior area with overall illumination.
‘‘(62) METAL HALIDE BALLAST.—The term ‘metal halide ballast’ means a ballast used to start and operate metal halide
lamps.
‘‘(63) METAL HALIDE LAMP.—The term ‘metal halide lamp’
means a high intensity discharge lamp in which the major
portion of the light is produced by radiation of metal halides
and their products of dissociation, possibly in combination with
metallic vapors.
‘‘(64) METAL HALIDE LAMP FIXTURE.—The term ‘metal halide
lamp fixture’ means a light fixture for general lighting application designed to be operated with a metal halide lamp and
a ballast for a metal halide lamp.
‘‘(65) PROBE-START METAL HALIDE BALLAST.—The term
‘probe-start metal halide ballast’ means a ballast that—
‘‘(A) starts a probe-start metal halide lamp that contains a third starting electrode (probe) in the arc tube;
and
‘‘(B) does not generally contain an igniter but instead
starts lamps with high ballast open circuit voltage.
‘‘(66) PULSE-START METAL HALIDE BALLAST.—
‘‘(A) IN GENERAL.—The term ‘pulse-start metal halide
ballast’ means an electronic or electromagnetic ballast that
starts a pulse-start metal halide lamp with high voltage
pulses.
‘‘(B) STARTING PROCESS.—For the purpose of subparagraph (A)—
‘‘(i) lamps shall be started by first providing a
high voltage pulse for ionization of the gas to produce
a glow discharge; and

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1593

‘‘(ii) to complete the starting process, power shall
be provided by the ballast to sustain the discharge
through the glow-to-arc transition.’’.
(b) COVERAGE.—Section 322(a) of the Energy Policy and Conservation Act (42 U.S.C. 6292(a)) is amended—
(1) by redesignating paragraph (19) as paragraph (20);
and
(2) by inserting after paragraph (18) the following:
‘‘(19) Metal halide lamp fixtures.’’.
(c) TEST PROCEDURES.—Section 323(b) of the Energy Policy
and Conservation Act (42 U.S.C. 6293(b)) (as amended by section
301(b)) is amended by adding at the end the following:
‘‘(18) METAL HALIDE LAMP BALLASTS.—Test procedures for
metal halide lamp ballasts shall be based on ANSI Standard
C82.6–2005, entitled ‘Ballasts for High Intensity Discharge
Lamps—Method of Measurement’.’’.
(d) LABELING.—Section 324(a)(2) of the Energy Policy and Conservation Act (42 U.S.C. 6294(a)(2)) is amended—
(1) by redesignating subparagraphs (C) through (G) as subparagraphs (D) through (H), respectively; and
(2) by inserting after subparagraph (B) the following:
‘‘(C) METAL HALIDE LAMP FIXTURES.—
‘‘(i) IN GENERAL.—The Commission shall issue
labeling rules under this section applicable to the covered product specified in section 322(a)(19) and to
which standards are applicable under section 325.
‘‘(ii) LABELING.—The rules shall provide that the
labeling of any metal halide lamp fixture manufactured
on or after the later of January 1, 2009, or the date
that is 270 days after the date of enactment of this
subparagraph, shall indicate conspicuously, in a
manner prescribed by the Commission under subsection (b) by July 1, 2008, a capital letter ‘E’ printed
within a circle on the packaging of the fixture, and
on the ballast contained in the fixture.’’.
(e) STANDARDS.—Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) (as amended by section 310) is
amended—
(1) by redesignating subsection (hh) as subsection (ii);
(2) by inserting after subsection (gg) the following:
‘‘(hh) METAL HALIDE LAMP FIXTURES.—
‘‘(1) STANDARDS.—
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and
(C), metal halide lamp fixtures designed to be operated
with lamps rated greater than or equal to 150 watts but
less than or equal to 500 watts shall contain—
‘‘(i) a pulse-start metal halide ballast with a minimum ballast efficiency of 88 percent;
‘‘(ii) a magnetic probe-start ballast with a minimum ballast efficiency of 94 percent; or
‘‘(iii) a nonpulse-start electronic ballast with—
‘‘(I) a minimum ballast efficiency of 92 percent
for wattages greater than 250 watts; and
‘‘(II) a minimum ballast efficiency of 90 percent
for wattages less than or equal to 250 watts.
‘‘(B) EXCLUSIONS.—The standards established under
subparagraph (A) shall not apply to—

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121 STAT. 1594

Publication.

Applicability.

Publication.

Applicability.

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Deadlines.

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PUBLIC LAW 110–140—DEC. 19, 2007

‘‘(i) fixtures with regulated lag ballasts;
‘‘(ii) fixtures that use electronic ballasts that
operate at 480 volts; or
‘‘(iii) fixtures that—
‘‘(I) are rated only for 150 watt lamps;
‘‘(II) are rated for use in wet locations, as
specified by the National Electrical Code 2002,
section 410.4(A); and
‘‘(III) contain a ballast that is rated to operate
at ambient air temperatures above 50°C, as specified by UL 1029–2001.
‘‘(C) APPLICATION.—The standards established under
subparagraph (A) shall apply to metal halide lamp fixtures
manufactured on or after the later of—
‘‘(i) January 1, 2009; or
‘‘(ii) the date that is 270 days after the date of
enactment of this subsection.
‘‘(2) FINAL RULE BY JANUARY 1, 2012.—
‘‘(A) IN GENERAL.—Not later than January 1, 2012,
the Secretary shall publish a final rule to determine
whether the standards established under paragraph (1)
should be amended.
‘‘(B) ADMINISTRATION.—The final rule shall—
‘‘(i) contain any amended standard; and
‘‘(ii) apply to products manufactured on or after
January 1, 2015.
‘‘(3) FINAL RULE BY JANUARY 1, 2019.—
‘‘(A) IN GENERAL.—Not later than January 1, 2019,
the Secretary shall publish a final rule to determine
whether the standards then in effect should be amended.
‘‘(B) ADMINISTRATION.—The final rule shall—
‘‘(i) contain any amended standards; and
‘‘(ii) apply to products manufactured after January
1, 2022.
‘‘(4) DESIGN AND PERFORMANCE REQUIREMENTS.—Notwithstanding any other provision of law, any standard established
pursuant to this subsection may contain both design and
performance requirements.’’; and
(3) in paragraph (2) of subsection (ii) (as redesignated by
paragraph (2)), by striking ‘‘(gg)’’ each place it appears and
inserting ‘‘(hh)’’.
(f) EFFECT ON OTHER LAW.—Section 327(c) of the Energy Policy
and Conservation Act (42 U.S.C. 6297(c)) is amended—
(1) in paragraph (8)(B), by striking the period at the end
and inserting ‘‘; and’’; and
(2) by adding at the end the following:
‘‘(9) is a regulation concerning metal halide lamp fixtures
adopted by the California Energy Commission on or before
January 1, 2011, except that—
‘‘(A) if the Secretary fails to issue a final rule within
180 days after the deadlines for rulemakings in section
325(hh), notwithstanding any other provision of this section, preemption shall not apply to a regulation concerning
metal halide lamp fixtures adopted by the California
Energy Commission—

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PUBLIC LAW 110–140—DEC. 19, 2007
‘‘(i) on or before
fails to meet the
325(hh)(2); or
‘‘(ii) on or before
fails to meet the
325(hh)(3).’’.

121 STAT. 1595

July 1, 2015, if the Secretary
deadline specified in section
July 1, 2022, if the Secretary
deadline specified in section

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SEC. 325. ENERGY EFFICIENCY LABELING FOR CONSUMER ELECTRONIC PRODUCTS.

(a) IN GENERAL.—Section 324(a) of the Energy Policy and Conservation Act (42 U.S.C. 6294(a)) (as amended by section 324(d))
is amended—
(1) in paragraph (2), by adding at the end the following:
‘‘(I) LABELING REQUIREMENTS.—
‘‘(i) IN GENERAL.—Subject to clauses (ii) through
(iv), not later than 18 months after the date of issuance
of applicable Department of Energy testing procedures,
the Commission, in consultation with the Secretary
and the Administrator of the Environmental Protection
Agency (acting through the Energy Star program),
shall, by regulation, prescribe labeling or other disclosure requirements for the energy use of—
‘‘(I) televisions;
‘‘(II) personal computers;
‘‘(III) cable or satellite set-top boxes;
‘‘(IV) stand-alone digital video recorder boxes;
and
‘‘(V) personal computer monitors.
‘‘(ii) ALTERNATE TESTING PROCEDURES.—In the
absence of applicable testing procedures described in
clause (i) for products described in subclauses (I)
through (V) of that clause, the Commission may, by
regulation, prescribe labeling or other disclosure
requirements for a consumer product category
described in clause (i) if the Commission—
‘‘(I) identifies adequate non-Department of
Energy testing procedures for those products; and
‘‘(II) determines that labeling of, or other
disclosures relating to, those products is likely to
assist consumers in making purchasing decisions.
‘‘(iii)
DEADLINE
AND
REQUIREMENTS
FOR
LABELING.—
‘‘(I) DEADLINE.—Not later than 18 months
after the date of promulgation of any requirements
under clause (i) or (ii), the Commission shall
require labeling of, or other disclosure requirements for, electronic products described in clause
(i).
‘‘(II) REQUIREMENTS.—The requirements prescribed under clause (i) or (ii) may include specific
requirements for each electronic product to be
labeled with respect to the placement, size, and
content of Energy Guide labels.
‘‘(iv) DETERMINATION OF FEASIBILITY.—Clause (i)
or (ii) shall not apply in any case in which the Commission determines that labeling in accordance with this
subsection—

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121 STAT. 1596

PUBLIC LAW 110–140—DEC. 19, 2007

‘‘(I) is not technologically or economically feasible; or
‘‘(II) is not likely to assist consumers in
making purchasing decisions.’’; and
(2) by adding at the end the following:
‘‘(6) AUTHORITY TO INCLUDE ADDITIONAL PRODUCT CATEGORIES.—The Commission may, by regulation, require labeling
or other disclosures in accordance with this subsection for any
consumer product not specified in this subsection or section
322 if the Commission determines that labeling for the product
is likely to assist consumers in making purchasing decisions.’’.
(b) CONTENT OF LABEL.—Section 324(c) of the Energy Policy
and Conservation Act (42 U.S.C. 6924(c)) is amended by adding
at the end the following:
‘‘(9) DISCRETIONARY APPLICATION.—The Commission may
apply paragraphs (1), (2), (3), (5), and (6) of this subsection
to the labeling of any product covered by paragraph (2)(I)
or (6) of subsection (a).’’.

42 USC 6294.

TITLE IV—ENERGY SAVINGS IN
BUILDINGS AND INDUSTRY

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42 USC 17061.

SEC. 401. DEFINITIONS.

In this title:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of General Services.
(2) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’
means the Green Building Advisory Committee established
under section 484.
(3) COMMERCIAL DIRECTOR.—The term ‘‘Commercial
Director’’ means the individual appointed to the position established under section 421.
(4) CONSORTIUM.—The term ‘‘Consortium’’ means the HighPerformance Green Building Partnership Consortium created
in response to section 436(c)(1) to represent the private sector
in a public-private partnership to promote high-performance
green buildings and zero-net-energy commercial buildings.
(5) COST-EFFECTIVE LIGHTING TECHNOLOGY.—
(A) IN GENERAL.—The term ‘‘cost-effective lighting technology’’ means a lighting technology that—
(i) will result in substantial operational cost
savings by ensuring an installed consumption of not
more than 1 watt per square foot; or
(ii) is contained in a list under—
(I) section 553 of Public Law 95–619 (42 U.S.C.
8259b);
(II) Federal acquisition regulation 23–203; and
(III) is at least as energy-conserving as
required by other provisions of this Act, including
the requirements of this title and title III which
shall be applicable to the extent that they would
achieve greater energy savings than provided
under clause (i) or this clause.
(B) INCLUSIONS.—The term ‘‘cost-effective lighting technology’’ includes—
(i) lamps;

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121 STAT. 1597

(ii) ballasts;
(iii) luminaires;
(iv) lighting controls;
(v) daylighting; and
(vi) early use of other highly cost-effective lighting
technologies.
(6) COST-EFFECTIVE TECHNOLOGIES AND PRACTICES.—The
term ‘‘cost-effective technologies and practices’’ means a technology or practice that—
(A) will result in substantial operational cost savings
by reducing electricity or fossil fuel consumption, water,
or other utility costs, including use of geothermal heat
pumps;
(B) complies with the provisions of section 553 of Public
Law 95–619 (42 U.S.C. 8259b) and Federal acquisition
regulation 23–203; and
(C) is at least as energy and water conserving as
required under this title, including sections 431 through
435, and title V, including sections 511 through 525, which
shall be applicable to the extent that they are more stringent or require greater energy or water savings than
required by this section.
(7) FEDERAL DIRECTOR.—The term ‘‘Federal Director’’
means the individual appointed to the position established
under section 436(a).
(8) FEDERAL FACILITY.—The term ‘‘Federal facility’’ means
any building that is constructed, renovated, leased, or purchased in part or in whole for use by the Federal Government.
(9) OPERATIONAL COST SAVINGS.—
(A) IN GENERAL.—The term ‘‘operational cost savings’’
means a reduction in end-use operational costs through
the application of cost-effective technologies and practices
or geothermal heat pumps, including a reduction in electricity consumption relative to consumption by the same
customer or at the same facility in a given year, as defined
in guidelines promulgated by the Administrator pursuant
to section 329(b) of the Clean Air Act, that achieves cost
savings sufficient to pay the incremental additional costs
of using cost-effective technologies and practices including
geothermal heat pumps by not later than the later of
the date established under sections 431 through 434, or—
(i) for cost-effective technologies and practices, the
date that is 5 years after the date of installation;
and
(ii) for geothermal heat pumps, as soon as practical
after the date of installation of the applicable geothermal heat pump.
(B) INCLUSIONS.—The term ‘‘operational cost savings’’
includes savings achieved at a facility as a result of—
(i) the installation or use of cost-effective technologies and practices; or
(ii) the planting of vegetation that shades the
facility and reduces the heating, cooling, or lighting
needs of the facility.
(C) EXCLUSION.—The term ‘‘operational cost savings’’
does not include savings from measures that would likely

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PUBLIC LAW 110–140—DEC. 19, 2007
be adopted in the absence of cost-effective technology and
practices programs, as determined by the Administrator.
(10) GEOTHERMAL HEAT PUMP.—The term ‘‘geothermal heat
pump’’ means any heating or air conditioning technology that—
(A) uses the ground or ground water as a thermal
energy source to heat, or as a thermal energy sink to
cool, a building; and
(B) meets the requirements of the Energy Star program
of the Environmental Protection Agency applicable to geothermal heat pumps on the date of purchase of the technology.
(11) GSA FACILITY.—
(A) IN GENERAL.—The term ‘‘GSA facility’’ means any
building, structure, or facility, in whole or in part (including
the associated support systems of the building, structure,
or facility) that—
(i) is constructed (including facilities constructed
for lease), renovated, or purchased, in whole or in
part, by the Administrator for use by the Federal
Government; or
(ii) is leased, in whole or in part, by the Administrator for use by the Federal Government—
(I) except as provided in subclause (II), for
a term of not less than 5 years; or
(II) for a term of less than 5 years, if the
Administrator determines that use of cost-effective
technologies and practices would result in the payback of expenses.
(B) INCLUSION.—The term ‘‘GSA facility’’ includes any
group of buildings, structures, or facilities described in
subparagraph (A) (including the associated energy-consuming support systems of the buildings, structures, and
facilities).
(C) EXEMPTION.—The Administrator may exempt from
the definition of ‘‘GSA facility’’ under this paragraph a
building, structure, or facility that meets the requirements
of section 543(c) of Public Law 95–619 (42 U.S.C. 8253(c)).
(12) HIGH-PERFORMANCE BUILDING.—The term ‘‘highperformance building’’ means a building that integrates and
optimizes on a life cycle basis all major high performance
attributes, including energy conservation, environment, safety,
security, durability, accessibility, cost-benefit, productivity,
sustainability, functionality, and operational considerations.
(13) HIGH-PERFORMANCE GREEN BUILDING.—The term
‘‘high-performance green building’’ means a high-performance
building that, during its life-cycle, as compared with similar
buildings (as measured by Commercial Buildings Energy
Consumption Survey or Residential Energy Consumption
Survey data from the Energy Information Agency)—
(A) reduces energy, water, and material resource use;
(B) improves indoor environmental quality, including
reducing indoor pollution, improving thermal comfort, and
improving lighting and acoustic environments that affect
occupant health and productivity;
(C) reduces negative impacts on the environment
throughout the life-cycle of the building, including air and
water pollution and waste generation;

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121 STAT. 1599

(D) increases the use of environmentally preferable
products, including biobased, recycled content, and nontoxic
products with lower life-cycle impacts;
(E) increases reuse and recycling opportunities;
(F) integrates systems in the building;
(G) reduces the environmental and energy impacts of
transportation through building location and site design
that support a full range of transportation choices for users
of the building; and
(H) considers indoor and outdoor effects of the building
on human health and the environment, including—
(i) improvements in worker productivity;
(ii) the life-cycle impacts of building materials and
operations; and
(iii) other factors that the Federal Director or the
Commercial Director consider to be appropriate.
(14) LIFE-CYCLE.—The term ‘‘life-cycle’’, with respect to a
high-performance green building, means all stages of the useful
life of the building (including components, equipment, systems,
and controls of the building) beginning at conception of a highperformance green building project and continuing through site
selection, design, construction, landscaping, commissioning,
operation, maintenance, renovation, deconstruction or demolition, removal, and recycling of the high-performance green
building.
(15) LIFE-CYCLE ASSESSMENT.—The term ‘‘life-cycle assessment’’ means a comprehensive system approach for measuring
the environmental performance of a product or service over
the life of the product or service, beginning at raw materials
acquisition and continuing through manufacturing, transportation, installation, use, reuse, and end-of-life waste management.
(16) LIFE-CYCLE COSTING.—The term ‘‘life-cycle costing’’,
with respect to a high-performance green building, means a
technique of economic evaluation that—
(A) sums, over a given study period, the costs of initial
investment (less resale value), replacements, operations
(including energy use), and maintenance and repair of an
investment decision; and
(B) is expressed—
(i) in present value terms, in the case of a study
period equivalent to the longest useful life of the
building, determined by taking into consideration the
typical life of such a building in the area in which
the building is to be located; or
(ii) in annual value terms, in the case of any
other study period.
(17) OFFICE OF COMMERCIAL HIGH-PERFORMANCE GREEN
BUILDINGS.—The term ‘‘Office of Commercial High-Performance
Green Buildings’’ means the Office of Commercial HighPerformance Green Buildings established under section 421(a).
(18) OFFICE OF FEDERAL HIGH-PERFORMANCE GREEN
BUILDINGS.—The term ‘‘Office of Federal High-Performance
Green Buildings’’ means the Office of Federal High-Performance
Green Buildings established under section 436(a).
(19) PRACTICES.—The term ‘‘practices’’ means design,
financing, permitting, construction, commissioning, operation

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PUBLIC LAW 110–140—DEC. 19, 2007
and maintenance, and other practices that contribute to
achieving zero-net-energy buildings or facilities.
(20) ZERO-NET-ENERGY COMMERCIAL BUILDING.—The term
‘‘zero-net-energy commercial building’’ means a commercial
building that is designed, constructed, and operated to—
(A) require a greatly reduced quantity of energy to
operate;
(B) meet the balance of energy needs from sources
of energy that do not produce greenhouse gases;
(C) therefore result in no net emissions of greenhouse
gases; and
(D) be economically viable.

Subtitle A—Residential Building Efficiency
SEC. 411. REAUTHORIZATION OF WEATHERIZATION ASSISTANCE PROGRAM.

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42 USC 6872
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(a) IN GENERAL.—Section 422 of the Energy Conservation and
Production Act (42 U.S.C. 6872) is amended by striking ‘‘appropriated $500,000,000 for fiscal year 2006, $600,000,000 for fiscal
year 2007, and $700,000,000 for fiscal year 2008’’ and inserting
‘‘appropriated—
‘‘(1) $750,000,000 for fiscal year 2008;
‘‘(2) $900,000,000 for fiscal year 2009;
‘‘(3) $1,050,000,000 for fiscal year 2010;
‘‘(4) $1,200,000,000 for fiscal year 2011; and
‘‘(5) $1,400,000,000 for fiscal year 2012.’’.
(b) SUSTAINABLE ENERGY RESOURCES FOR CONSUMERS
GRANTS.—
(1) IN GENERAL.—The Secretary may make funding available to local weatherization agencies from amounts authorized
under the amendment made by subsection (a) to expand the
weatherization assistance program for residential buildings to
include materials, benefits, and renewable and domestic energy
technologies not covered by the program (as of the date of
enactment of this Act), if the State weatherization grantee
certifies that the applicant has the capacity to carry out the
proposed activities and that the grantee will include the project
in the financial oversight of the grantee of the weatherization
assistance program.
(2) PRIORITY.—In selecting grant recipients under this subsection, the Secretary shall give priority to—
(A) the expected effectiveness and benefits of the proposed project to low- and moderate-income energy consumers;
(B) the potential for replication of successful results;
(C) the impact on the health and safety and energy
costs of consumers served; and
(D) the extent of partnerships with other public and
private entities that contribute to the resources and
implementation of the program, including financial partnerships.
(3) FUNDING.—
(A) IN GENERAL.—Except as provided in paragraph (2),
the amount of funds used for projects described in paragraph (1) may equal up to 2 percent of the amount of

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1601

funds made available for any fiscal year under section
422 of the Energy Conservation and Production Act (42
U.S.C. 6872).
(B) EXCEPTION.—No funds may be used for sustainable
energy resources for consumers grants for a fiscal year
under this subsection if the amount of funds made available
for the fiscal year to carry out the Weatherization Assistance Program for Low-Income Persons established under
part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) is less than $275,000,000.
(c) DEFINITION OF STATE.—Section 412 of the Energy Conservation and Production Act (42 U.S.C. 6862) is amended by striking
paragraph (8) and inserting the following:
‘‘(8) STATE.—The term ‘State’ means—
‘‘(A) a State;
‘‘(B) the District of Columbia;
‘‘(C) the Commonwealth of Puerto Rico; and
‘‘(D) any other territory or possession of the United
States.’’.

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SEC. 412. STUDY OF RENEWABLE ENERGY REBATE PROGRAMS.

(a) IN GENERAL.—Not later than 120 days after the date of
enactment of this Act, the Secretary shall conduct, and submit
to Congress a report on, a study regarding the rebate programs
established under sections 124 and 206(c) of the Energy Policy
Act of 2005 (42 U.S.C. 15821, 15853).
(b) COMPONENTS.—In conducting the study, the Secretary
shall—
(1) develop a plan for how the rebate programs would
be carried out if the programs were funded; and
(2) determine the minimum amount of funding the program
would need to receive in order to accomplish the goals of the
programs.

Deadline.

SEC. 413. ENERGY CODE IMPROVEMENTS APPLICABLE TO MANUFACTURED HOUSING.

42 USC 17071.

(a) ESTABLISHMENT OF STANDARDS.—
(1) IN GENERAL.—Not later than 4 years after the date
of enactment of this Act, the Secretary shall by regulation
establish standards for energy efficiency in manufactured
housing.
(2) NOTICE, COMMENT, AND CONSULTATION.—Standards
described in paragraph (1) shall be established after—
(A) notice and an opportunity for comment by manufacturers of manufactured housing and other interested parties; and
(B) consultation with the Secretary of Housing and
Urban Development, who may seek further counsel from
the Manufactured Housing Consensus Committee.
(b) REQUIREMENTS.—
(1) INTERNATIONAL ENERGY CONSERVATION CODE.—The
energy conservation standards established under this section
shall be based on the most recent version of the International
Energy Conservation Code (including supplements), except in
cases in which the Secretary finds that the code is not costeffective, or a more stringent standard would be more costeffective, based on the impact of the code on the purchase

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PUBLIC LAW 110–140—DEC. 19, 2007

price of manufactured housing and on total life-cycle construction and operating costs.
(2) CONSIDERATIONS.—The energy conservation standards
established under this section may—
(A) take into consideration the design and factory
construction techniques of manufactured homes;
(B) be based on the climate zones established by the
Department of Housing and Urban Development rather
than the climate zones under the International Energy
Conservation Code; and
(C) provide for alternative practices that result in net
estimated energy consumption equal to or less than the
specified standards.
(3) UPDATING.—The energy conservation standards established under this section shall be updated not later than—
(A) 1 year after the date of enactment of this Act;
and
(B) 1 year after any revision to the International
Energy Conservation Code.
(c) ENFORCEMENT.—Any manufacturer of manufactured housing
that violates a provision of the regulations under subsection (a)
is liable to the United States for a civil penalty in an amount
not exceeding 1 percent of the manufacturer’s retail list price of
the manufactured housing.

Deadlines.

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Subtitle B—High-Performance Commercial
Buildings

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42 USC 17081.

SEC. 421. COMMERCIAL HIGH-PERFORMANCE GREEN BUILDINGS.

Appointment.

(a) DIRECTOR OF COMMERCIAL HIGH-PERFORMANCE GREEN
BUILDINGS.—Notwithstanding any other provision of law, the Secretary, acting through the Assistant Secretary of Energy Efficiency
and Renewable Energy, shall appoint a Director of Commercial
High-Performance Green Buildings to a position in the careerreserved Senior Executive service, with the principal responsibility
to—
(1) establish and manage the Office of Commercial HighPerformance Green Buildings; and
(2) carry out other duties as required under this subtitle.
(b) QUALIFICATIONS.—The Commercial Director shall be an individual, who by reason of professional background and experience,
is specifically qualified to carry out the duties required under this
subtitle.
(c) DUTIES.—The Commercial Director shall, with respect to
development of high-performance green buildings and zero-energy
commercial buildings nationwide—
(1) coordinate the activities of the Office of Commercial
High-Performance Green Buildings with the activities of the
Office of Federal High-Performance Green Buildings;
(2) develop the legal predicates and agreements for, negotiate, and establish one or more public-private partnerships
with the Consortium, members of the Consortium, and other
capable parties meeting the qualifications of the Consortium,
to further such development;
(3) represent the public and the Department in negotiating
and performing in accord with such public-private partnerships;

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121 STAT. 1603

(4) use appropriated funds in an effective manner to encourage the maximum investment of private funds to achieve such
development;
(5) promote research and development of high-performance
green buildings, consistent with section 423; and
(6) jointly establish with the Federal Director a national
high-performance green building clearinghouse in accordance
with section 423(1), which shall provide high-performance green
building information and disseminate research results
through—
(A) outreach;
(B) education; and
(C) the provision of technical assistance.
(d) REPORTING.—The Commercial Director shall report directly
to the Assistant Secretary for Energy Efficiency and Renewable
Energy, or to other senior officials in a way that facilitates the
integrated program of this subtitle for both energy efficiency and
renewable energy and both technology development and technology
deployment.
(e) COORDINATION.—The Commercial Director shall ensure full
coordination of high-performance green building information and
activities, including activities under this subtitle, within the Federal
Government by working with the General Services Administration
and all relevant agencies, including, at a minimum—
(1) the Environmental Protection Agency;
(2) the Office of the Federal Environmental Executive;
(3) the Office of Federal Procurement Policy;
(4) the Department of Energy, particularly the Federal
Energy Management Program;
(5) the Department of Health and Human Services;
(6) the Department of Housing and Urban Development;
(7) the Department of Defense;
(8) the National Institute of Standards and Technology;
(9) the Department of Transportation;
(10) the Office of Science Technology and Policy; and
(11) such nonprofit high-performance green building rating
and analysis entities as the Commercial Director determines
can offer support, expertise, and review services.
(f) HIGH-PERFORMANCE GREEN BUILDING PARTNERSHIP CONSORTIUM.—
(1) RECOGNITION.—Not later than 90 days after the date
of enactment of this Act, the Commercial Director shall formally
recognize one or more groups that qualify as a high-performance
green building partnership consortium.
(2) REPRESENTATION TO QUALIFY.—To qualify under this
section, any consortium shall include representation from—
(A) the design professions, including national associations of architects and of professional engineers;
(B) the development, construction, financial, and real
estate industries;
(C) building owners and operators from the public and
private sectors;
(D) academic and research organizations, including at
least one national laboratory with extensive commercial
building energy expertise;
(E) building code agencies and organizations, including
a model energy code-setting organization;

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121 STAT. 1604

PUBLIC LAW 110–140—DEC. 19, 2007

(F) independent high-performance green building
associations or councils;
(G) experts in indoor air quality and environmental
factors;
(H) experts in intelligent buildings and integrated
building information systems;
(I) utility energy efficiency programs;
(J) manufacturers and providers of equipment and
techniques used in high-performance green buildings;
(K) public transportation industry experts; and
(L) nongovernmental energy efficiency organizations.
(3) FUNDING.—The Secretary may make payments to the
Consortium pursuant to the terms of a public-private partnership for such activities of the Consortium undertaken under
such a partnership as described in this subtitle directly to
the Consortium or through one or more of its members.
(g) REPORT.—Not later than 2 years after the date of enactment
of this Act, and biennially thereafter, the Commercial Director,
in consultation with the Consortium, shall submit to Congress
a report that—
(1) describes the status of the high-performance green
building initiatives under this subtitle and other Federal programs affecting commercial high-performance green buildings
in effect as of the date of the report, including—
(A) the extent to which the programs are being carried
out in accordance with this subtitle; and
(B) the status of funding requests and appropriations
for those programs; and
(2) summarizes and highlights development, at the State
and local level, of high-performance green building initiatives,
including executive orders, policies, or laws adopted promoting
high-performance green building (including the status of
implementation of those initiatives).

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42 USC 17082.

SEC. 422. ZERO NET ENERGY COMMERCIAL BUILDINGS INITIATIVE.

(a) DEFINITIONS.—In this section:
(1) CONSORTIUM.—The term ‘‘consortium’’ means a HighPerformance Green Building Consortium selected by the
Commercial Director.
(2) INITIATIVE.—The term ‘‘initiative’’ means the Zero-NetEnergy Commercial Buildings Initiative established under subsection (b)(1).
(3) ZERO-NET-ENERGY COMMERCIAL BUILDING.—The term
‘‘zero-net-energy commercial building’’ means a high-performance commercial building that is designed, constructed, and
operated—
(A) to require a greatly reduced quantity of energy
to operate;
(B) to meet the balance of energy needs from sources
of energy that do not produce greenhouse gases;
(C) in a manner that will result in no net emissions
of greenhouse gases; and
(D) to be economically viable.
(b) ESTABLISHMENT.—
(1) IN GENERAL.—The Commercial Director shall establish
an initiative, to be known as the ‘‘Zero-Net-Energy Commercial
Buildings Initiative’’—

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121 STAT. 1605

(A) to reduce the quantity of energy consumed by
commercial buildings located in the United States; and
(B) to achieve the development of zero net energy
commercial buildings in the United States.
(2) CONSORTIUM.—
(A) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act, the Commercial Director
shall competitively select, and enter into an agreement
with, a consortium to develop and carry out the initiative.
(B) AGREEMENTS.—In entering into an agreement with
a consortium under subparagraph (A), the Commercial
Director shall use the authority described in section 646(g)
of the Department of Energy Organization Act (42 U.S.C.
7256(g)), to the maximum extent practicable.
(c) GOAL OF INITIATIVE.—The goal of the initiative shall be
to develop and disseminate technologies, practices, and policies
for the development and establishment of zero net energy commercial buildings for—
(1) any commercial building newly constructed in the
United States by 2030;
(2) 50 percent of the commercial building stock of the
United States by 2040; and
(3) all commercial buildings in the United States by 2050.
(d) COMPONENTS.—In carrying out the initiative, the Commercial Director, in consultation with the consortium, may—
(1) conduct research and development on building science,
design, materials, components, equipment and controls, operation and other practices, integration, energy use measurement,
and benchmarking;
(2) conduct pilot programs and demonstration projects to
evaluate replicable approaches to achieving energy efficient
commercial buildings for a variety of building types in a variety
of climate zones;
(3) conduct deployment, dissemination, and technical assistance activities to encourage widespread adoption of technologies, practices, and policies to achieve energy efficient
commercial buildings;
(4) conduct other research, development, demonstration,
and deployment activities necessary to achieve each goal of
the initiative, as determined by the Commercial Director, in
consultation with the consortium;
(5) develop training materials and courses for building
professionals and trades on achieving cost-effective highperformance energy efficient buildings;
(6) develop and disseminate public education materials to
share information on the benefits and cost-effectiveness of highperformance energy efficient buildings;
(7) support code-setting organizations and State and local
governments in developing minimum performance standards
in building codes that recognize the ready availability of many
technologies utilized in high-performance energy efficient
buildings;
(8) develop strategies for overcoming the split incentives
between builders and purchasers, and landlords and tenants,
to ensure that energy efficiency and high-performance investments are made that are cost-effective on a lifecycle basis;
and

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121 STAT. 1606

PUBLIC LAW 110–140—DEC. 19, 2007

(9) develop improved means of measurement and
verification of energy savings and performance for public
dissemination.
(e) COST SHARING.—In carrying out this section, the Commercial Director shall require cost sharing in accordance with section
988 of the Energy Policy Act of 2005 (42 U.S.C. 16352).
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section—
(1) $20,000,000 for fiscal year 2008;
(2) $50,000,000 for each of fiscal years 2009 and 2010;
(3) $100,000,000 for each of fiscal years 2011 and 2012;
and
(4) $200,000,000 for each of fiscal years 2013 through 2018.
42 USC 17083.

SEC. 423. PUBLIC OUTREACH.

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The Commercial Director and Federal Director, in coordination
with the Consortium, shall carry out public outreach to inform
individuals and entities of the information and services available
governmentwide by—
(1) establishing and maintaining a national high-performance green building clearinghouse, including on the Internet,
that—
(A) identifies existing similar efforts and coordinates
activities of common interest; and
(B) provides information relating to high-performance
green buildings, including hyperlinks to Internet sites that
describe the activities, information, and resources of—
(i) the Federal Government;
(ii) State and local governments;
(iii) the private sector (including nongovernmental
and nonprofit entities and organizations); and
(iv) international organizations;
(2) identifying and recommending educational resources
for implementing high-performance green building practices,
including security and emergency benefits and practices;
(3) providing access to technical assistance, tools, and
resources for constructing high-performance green buildings,
particularly tools to conduct life-cycle costing and life-cycle
assessment;
(4) providing information on application processes for certifying a high-performance green building, including certification
and commissioning;
(5) providing to the public, through the Commercial
Director, technical and research information or other forms
of assistance or advice that would be useful in planning and
constructing high-performance green buildings;
(6) using such additional methods as are determined by
the Commercial Director to be appropriate to conduct public
outreach;
(7) surveying existing research and studies relating to highperformance green buildings; and
(8) coordinating activities of common interest.

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121 STAT. 1607

Subtitle C—High-Performance Federal
Buildings
SEC. 431. ENERGY REDUCTION GOALS FOR FEDERAL BUILDINGS.

Section 543(a)(1) of the National Energy Conservation Policy
Act (42 U.S.C. 8253(a)(1)) is amended by striking the table and
inserting the following:
‘‘Fiscal Year
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015

...................................................................................................
...................................................................................................
...................................................................................................
...................................................................................................
...................................................................................................
...................................................................................................
...................................................................................................
...................................................................................................
...................................................................................................
...................................................................................................

Percentage
Reduction
2
4
9
12
15
18
21
24
27
30.’’.

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SEC. 432. MANAGEMENT OF ENERGY AND WATER EFFICIENCY IN FEDERAL BUILDINGS.

Section 543 of the National Energy Conservation Policy Act
(42 U.S.C. 8253) is amended by adding at the end the following:
‘‘(f) USE OF ENERGY AND WATER EFFICIENCY MEASURES IN
FEDERAL BUILDINGS.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) COMMISSIONING.—The term ‘commissioning’, with
respect to a facility, means a systematic process—
‘‘(i) of ensuring, using appropriate verification and
documentation, during the period beginning on the
initial day of the design phase of the facility and ending
not earlier than 1 year after the date of completion
of construction of the facility, that all facility systems
perform interactively in accordance with—
‘‘(I) the design documentation and intent of
the facility; and
‘‘(II) the operational needs of the owner of
the facility, including preparation of operation personnel; and
‘‘(ii) the primary goal of which is to ensure fully
functional systems that can be properly operated and
maintained during the useful life of the facility.
‘‘(B) ENERGY MANAGER.—
‘‘(i) IN GENERAL.—The term ‘energy manager’, with
respect to a facility, means the individual who is
responsible for—
‘‘(I) ensuring compliance with this subsection
by the facility; and
‘‘(II) reducing energy use at the facility.
‘‘(ii) INCLUSIONS.—The term ‘energy manager’ may
include—
‘‘(I) a contractor of a facility;
‘‘(II) a part-time employee of a facility; and
‘‘(III) an individual who is responsible for multiple facilities.
‘‘(C) FACILITY.—

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121 STAT. 1608

PUBLIC LAW 110–140—DEC. 19, 2007
‘‘(i) IN GENERAL.—The term ‘facility’ means any
building, installation, structure, or other property
(including any applicable fixtures) owned or operated
by, or constructed or manufactured and leased to, the
Federal Government.
‘‘(ii) INCLUSIONS.—The term ‘facility’ includes—
‘‘(I) a group of facilities at a single location
or multiple locations managed as an integrated
operation; and
‘‘(II) contractor-operated facilities owned by
the Federal Government.
‘‘(iii) EXCLUSIONS.—The term ‘facility’ does not
include any land or site for which the cost of utilities
is not paid by the Federal Government.
‘‘(D) LIFE CYCLE COST-EFFECTIVE.—The term ‘life cycle
cost-effective’, with respect to a measure, means a measure,
the estimated savings of which exceed the estimated costs
over the lifespan of the measure, as determined in accordance with section 544.
‘‘(E) PAYBACK PERIOD.—
‘‘(i) IN GENERAL.—Subject to clause (ii), the term
‘payback period’, with respect to a measure, means
a value equal to the quotient obtained by dividing—
‘‘(I) the estimated initial implementation cost
of the measure (other than financing costs); by
‘‘(II) the annual cost savings resulting from
the measure, including—
‘‘(aa) net savings in estimated energy and
water costs; and
‘‘(bb) operations, maintenance, repair,
replacement, and other direct costs.
‘‘(ii) MODIFICATIONS AND EXCEPTIONS.—The Secretary, in guidelines issued pursuant to paragraph (6),
may make such modifications and provide such exceptions to the calculation of the payback period of a
measure as the Secretary determines to be appropriate
to achieve the purposes of this Act.
‘‘(F) RECOMMISSIONING.—The term ‘recommissioning’
means a process—
‘‘(i) of commissioning a facility or system beyond
the project development and warranty phases of the
facility or system; and
‘‘(ii) the primary goal of which is to ensure
optimum performance of a facility, in accordance with
design or current operating needs, over the useful life
of the facility, while meeting building occupancy
requirements.
‘‘(G) RETROCOMMISSIONING.—The term ‘retrocommissioning’ means a process of commissioning a facility or
system that was not commissioned at the time of construction of the facility or system.
‘‘(2) FACILITY ENERGY MANAGERS.—
‘‘(A) IN GENERAL.—Each Federal agency shall designate
an energy manager responsible for implementing this subsection and reducing energy use at each facility that meets
criteria under subparagraph (B).

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1609

‘‘(B) COVERED FACILITIES.—The Secretary shall develop
criteria, after consultation with affected agencies, energy
efficiency advocates, and energy and utility service providers, that cover, at a minimum, Federal facilities,
including central utility plants and distribution systems
and other energy intensive operations, that constitute at
least 75 percent of facility energy use at each agency.
‘‘(3) ENERGY AND WATER EVALUATIONS.—
‘‘(A) EVALUATIONS.—Effective beginning on the date
that is 180 days after the date of enactment of this subsection and annually thereafter, energy managers shall
complete, for each calendar year, a comprehensive energy
and water evaluation for approximately 25 percent of the
facilities of each agency that meet the criteria under paragraph (2)(B) in a manner that ensures that an evaluation
of each such facility is completed at least once every 4
years.
‘‘(B) RECOMMISSIONING AND RETROCOMMISSIONING.—As
part of the evaluation under subparagraph (A), the energy
manager shall identify and assess recommissioning measures (or, if the facility has never been commissioned,
retrocommissioning measures) for each such facility.
‘‘(4) IMPLEMENTATION OF IDENTIFIED ENERGY AND WATER
EFFICIENCY MEASURES.—Not later than 2 years after the
completion of each evaluation under paragraph (3), each energy
manager may—
‘‘(A) implement any energy- or water-saving measure
that the Federal agency identified in the evaluation conducted under paragraph (3) that is life cycle cost-effective;
and
‘‘(B) bundle individual measures of varying paybacks
together into combined projects.
‘‘(5) FOLLOW-UP ON IMPLEMENTED MEASURES.—For each
measure implemented under paragraph (4), each energy manager shall ensure that—
‘‘(A) equipment, including building and equipment controls, is fully commissioned at acceptance to be operating
at design specifications;
‘‘(B) a plan for appropriate operations, maintenance,
and repair of the equipment is in place at acceptance
and is followed;
‘‘(C) equipment and system performance is measured
during its entire life to ensure proper operations, maintenance, and repair; and
‘‘(D) energy and water savings are measured and
verified.
‘‘(6) GUIDELINES.—
‘‘(A) IN GENERAL.—The Secretary shall issue guidelines
and necessary criteria that each Federal agency shall follow
for implementation of—
‘‘(i) paragraphs (2) and (3) not later than 180 days
after the date of enactment of this subsection; and
‘‘(ii) paragraphs (4) and (5) not later than 1 year
after the date of enactment of this subsection.
‘‘(B) RELATIONSHIP TO FUNDING SOURCE.—The guidelines issued by the Secretary under subparagraph (A) shall
be appropriate and uniform for measures funded with each

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121 STAT. 1610

type of funding made available under paragraph (10), but
may distinguish between different types of measures
project size, and other criteria the Secretary determines
are relevant.
‘‘(7) WEB-BASED CERTIFICATION.—
‘‘(A) IN GENERAL.—For each facility that meets the
criteria established by the Secretary under paragraph
(2)(B), the energy manager shall use the web-based
tracking system under subparagraph (B) to certify compliance with the requirements for—
‘‘(i) energy and water evaluations under paragraph
(3);
‘‘(ii) implementation of identified energy and water
measures under paragraph (4); and
‘‘(iii) follow-up on implemented measures under
paragraph (5).
‘‘(B) DEPLOYMENT.—
‘‘(i) IN GENERAL.—Not later than 1 year after the
date of enactment of this subsection, the Secretary
shall develop and deploy a web-based tracking system
required under this paragraph in a manner that tracks,
at a minimum—
‘‘(I) the covered facilities;
‘‘(II) the status of meeting the requirements
specified in subparagraph (A);
‘‘(III) the estimated cost and savings for measures required to be implemented in a facility;
‘‘(IV) the measured savings and persistence
of savings for implemented measures; and
‘‘(V) the benchmarking information disclosed
under paragraph (8)(C).
‘‘(ii) EASE OF COMPLIANCE.—The Secretary shall
ensure that energy manager compliance with the
requirements in this paragraph, to the maximum
extent practicable—
‘‘(I) can be accomplished with the use of
streamlined procedures and templates that minimize the time demands on Federal employees; and
‘‘(II) is coordinated with other applicable
energy reporting requirements.
‘‘(C) AVAILABILITY.—
‘‘(i) IN GENERAL.—Subject to clause (ii), the Secretary shall make the web-based tracking system
required under this paragraph available to Congress,
other Federal agencies, and the public through the
Internet.
‘‘(ii) EXEMPTIONS.—At the request of a Federal
agency, the Secretary may exempt specific data for
specific facilities from disclosure under clause (i) for
national security purposes.
‘‘(8) BENCHMARKING OF FEDERAL FACILITIES.—
‘‘(A) IN GENERAL.—The energy manager shall enter
energy use data for each metered building that is (or is
a part of) a facility that meets the criteria established
by the Secretary under paragraph (2)(B) into a building
energy use benchmarking system, such as the Energy Star
Portfolio Manager.

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121 STAT. 1611

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‘‘(B) SYSTEM AND GUIDANCE.—Not later than 1 year
after the date of enactment of this subsection, the Secretary
shall—
‘‘(i) select or develop the building energy use
benchmarking system required under this paragraph
for each type of building; and
‘‘(ii) issue guidance for use of the system.
‘‘(C) PUBLIC DISCLOSURE.—Each energy manager shall
post the information entered into, or generated by, a
benchmarking system under this subsection, on the webbased tracking system under paragraph (7)(B). The energy
manager shall update such information each year, and
shall include in such reporting previous years’ information
to allow changes in building performance to be tracked
over time.
‘‘(9) FEDERAL AGENCY SCORECARDS.—
‘‘(A) IN GENERAL.—The Director of the Office of
Management and Budget shall issue semiannual scorecards
for energy management activities carried out by each Federal agency that includes—
‘‘(i) summaries of the status of implementing the
various requirements of the agency and its energy
managers under this subsection; and
‘‘(ii) any other means of measuring performance
that the Director considers appropriate.
‘‘(B) AVAILABILITY.—The Director shall make the scorecards required under this paragraph available to Congress,
other Federal agencies, and the public through the Internet.
‘‘(10) FUNDING AND IMPLEMENTATION.—
‘‘(A) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as are necessary
to carry out this subsection.
‘‘(B) FUNDING OPTIONS.—
‘‘(i) IN GENERAL.—To carry out this subsection,
a Federal agency may use any combination of—
‘‘(I) appropriated funds made available under
subparagraph (A); and
‘‘(II) private financing otherwise authorized
under Federal law, including financing available
through energy savings performance contracts or
utility energy service contracts.
‘‘(ii) COMBINED FUNDING FOR SAME MEASURE.—A
Federal agency may use any combination of appropriated funds and private financing described in clause
(i) to carry out the same measure under this subsection.
‘‘(C) IMPLEMENTATION.—Each Federal agency may
implement the requirements under this subsection itself
or may contract out performance of some or all of the
requirements.
‘‘(11) RULE OF CONSTRUCTION.—This subsection shall not
be construed to require or to obviate any contractor savings
guarantees.’’.

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121 STAT. 1612

PUBLIC LAW 110–140—DEC. 19, 2007

SEC. 433. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE
STANDARDS.

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(a) STANDARDS.—Section 305(a)(3) of the Energy Conservation
and Production Act (42 U.S.C. 6834(a)(3)) is amended by adding
at the end the following new subparagraph:
‘‘(D) Not later than 1 year after the date of enactment of
the Energy Independence and Security Act of 2007, the Secretary
shall establish, by rule, revised Federal building energy efficiency
performance standards that require that:
‘‘(i) For new Federal buildings and Federal buildings undergoing major renovations, with respect to which the Administrator of General Services is required to transmit a prospectus
to Congress under section 3307 of title 40, United States Code,
in the case of public buildings (as defined in section 3301
of title 40, United States Code), or of at least $2,500,000 in
costs adjusted annually for inflation for other buildings:
‘‘(I) The buildings shall be designed so that the fossil
fuel-generated energy consumption of the buildings is
reduced, as compared with such energy consumption by
a similar building in fiscal year 2003 (as measured by
Commercial Buildings Energy Consumption Survey or Residential Energy Consumption Survey data from the Energy
Information Agency), by the percentage specified in the
following table:
‘‘Fiscal Year
2010 ..............................................................
2015 ..............................................................
2020 ..............................................................
2025 ..............................................................
2030 ..............................................................

‘‘(II) Upon petition by an agency subject to this
subparagraph, the Secretary may adjust the applicable
numeric requirement under subclause (I) downward with
respect to a specific building, if the head of the agency
designing the building certifies in writing that meeting
such requirement would be technically impracticable in
light of the agency’s specified functional needs for that
building and the Secretary concurs with the agency’s
conclusion. This subclause shall not apply to the General
Services Administration.
‘‘(III) Sustainable design principles shall be applied
to the siting, design, and construction of such buildings.
Not later than 90 days after the date of enactment of
the Energy Independence and Security Act of 2007, the
Secretary, after reviewing the findings of the Federal
Director under section 436(h) of that Act, in consultation
with the Administrator of General Services, and in consultation with the Secretary of Defense for considerations
relating to those facilities under the custody and control
of the Department of Defense, shall identify a certification
system and level for green buildings that the Secretary
determines to be the most likely to encourage a comprehensive and environmentally-sound approach to certification
of green buildings. The identification of the certification
system and level shall be based on a review of the Federal

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65
80
90
100.

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1613

Director’s findings under section 436(h) of the Energy
Independence and Security Act of 2007 and the criteria
specified in clause (iii), shall identify the highest level
the Secretary determines is appropriate above the minimum level required for certification under the system
selected, and shall achieve results at least comparable to
the system used by and highest level referenced by the
General Services Administration as of the date of enactment of the Energy Independence and Security Act of 2007.
Within 90 days of the completion of each study required
by clause (iv), the Secretary, in consultation with the
Administrator of General Services, and in consultation with
the Secretary of Defense for considerations relating to those
facilities under the custody and control of the Department
of Defense, shall review and update the certification system
and level, taking into account the conclusions of such study.
‘‘(ii) In establishing criteria for identifying major renovations that are subject to the requirements of this subparagraph,
the Secretary shall take into account the scope, degree, and
types of renovations that are likely to provide significant
opportunities for substantial improvements in energy efficiency.
‘‘(iii) In identifying the green building certification system
and level, the Secretary shall take into consideration—
‘‘(I) the ability and availability of assessors and auditors to independently verify the criteria and measurement
of metrics at the scale necessary to implement this subparagraph;
‘‘(II) the ability of the applicable certification organization to collect and reflect public comment;
‘‘(III) the ability of the standard to be developed and
revised through a consensus-based process;
‘‘(IV) an evaluation of the robustness of the criteria
for a high-performance green building, which shall give
credit for promoting—
‘‘(aa) efficient and sustainable use of water, energy,
and other natural resources;
‘‘(bb) use of renewable energy sources;
‘‘(cc) improved indoor environmental quality
through enhanced indoor air quality, thermal comfort,
acoustics, day lighting, pollutant source control, and
use of low-emission materials and building system controls; and
‘‘(dd) such other criteria as the Secretary determines to be appropriate; and
‘‘(V) national recognition within the building industry.
‘‘(iv) At least once every 5 years, and in accordance with
section 436 of the Energy Independence and Security Act of
2007, the Administrator of General Services shall conduct a
study to evaluate and compare available third-party green
building certification systems and levels, taking into account
the criteria listed in clause (iii).
‘‘(v) The Secretary may by rule allow Federal agencies
to develop internal certification processes, using certified professionals, in lieu of certification by the certification entity identified under clause (i)(III). The Secretary shall include in any
such rule guidelines to ensure that the certification process
results in buildings meeting the applicable certification system

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121 STAT. 1614

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PUBLIC LAW 110–140—DEC. 19, 2007

and level identified under clause (i)(III). An agency employing
an internal certification process must continue to obtain
external certification by the certification entity identified under
clause (i)(III) for at least 5 percent of the total number of
buildings certified annually by the agency.
‘‘(vi) With respect to privatized military housing, the Secretary of Defense, after consultation with the Secretary may,
through rulemaking, develop alternative criteria to those established by subclauses (I) and (III) of clause (i) that achieve
an equivalent result in terms of energy savings, sustainable
design, and green building performance.
‘‘(vii) In addition to any use of water conservation technologies otherwise required by this section, water conservation
technologies shall be applied to the extent that the technologies
are life-cycle cost-effective.’’.
(b) DEFINITIONS.—Section 303(6) of the Energy Conservation
and Production Act (42 U.S.C. 6832(6)) is amended by striking
‘‘which is not legally subject to State or local building codes or
similar requirements.’’ and inserting ‘‘. Such term shall include
buildings built for the purpose of being leased by a Federal agency,
and privatized military housing.’’.
(c) REVISION OF FEDERAL ACQUISITION REGULATION.—Not later
than 2 years after the date of the enactment of this Act, the
Federal Acquisition Regulation shall be revised to require Federal
officers and employees to comply with this section and the amendments made by this section in the acquisition, construction, or
major renovation of any facility. The members of the Federal
Acquisition Regulatory Council (established under section 25 of
the Office of Federal Procurement Policy Act (41 U.S.C. 421)) shall
consult with the Federal Director and the Commercial Director
before promulgating regulations to carry out this subsection.
(d) GUIDANCE.—Not later than 90 days after the date of
promulgation of the revised regulations under subsection (c), the
Administrator for Federal Procurement Policy shall issue guidance
to all Federal procurement executives providing direction and
instructions to renegotiate the design of proposed facilities and
major renovations for existing facilities to incorporate improvements
that are consistent with this section.
SEC. 434. MANAGEMENT OF FEDERAL BUILDING EFFICIENCY.

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(a) LARGE CAPITAL ENERGY INVESTMENTS.—Section 543 of the
National Energy Conservation Policy Act (42 U.S.C. 8253) is
amended by adding at the end the following:
‘‘(f) LARGE CAPITAL ENERGY INVESTMENTS.—
‘‘(1) IN GENERAL.—Each Federal agency shall ensure that
any large capital energy investment in an existing building
that is not a major renovation but involves replacement of
installed equipment (such as heating and cooling systems),
or involves renovation, rehabilitation, expansion, or remodeling
of existing space, employs the most energy efficient designs,
systems, equipment, and controls that are life-cycle cost effective.
‘‘(2) PROCESS FOR REVIEW OF INVESTMENT DECISIONS.—Not
later than 180 days after the date of enactment of this subsection, each Federal agency shall—

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121 STAT. 1615

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‘‘(A) develop a process for reviewing each decision made
on a large capital energy investment described in paragraph (1) to ensure that the requirements of this subsection
are met; and
‘‘(B) report to the Director of the Office of Management
and Budget on the process established.
‘‘(3) COMPLIANCE REPORT.—Not later than 1 year after the
date of enactment of this subsection, the Director of the Office
of Management and Budget shall evaluate and report to Congress on the compliance of each agency with this subsection.’’.
(b) METERING.—Section 543(e)(1) of the National Energy Conservation Policy Act (42 U.S.C. 8253(e)(1)) is amended by inserting
after the second sentence the following: ‘‘Not later than October
1, 2016, each agency shall provide for equivalent metering of natural
gas and steam, in accordance with guidelines established by the
Secretary under paragraph (2).’’.

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SEC. 435. LEASING.

42 USC 17091.

(a) IN GENERAL.—Except as provided in subsection (b), effective
beginning on the date that is 3 years after the date of enactment
of this Act, no Federal agency shall enter into a contract to lease
space in a building that has not earned the Energy Star label
in the most recent year.
(b) EXCEPTION.—
(1) APPLICATION.—This subsection applies if—
(A) no space is available in a building described in
subsection (a) that meets the functional requirements of
an agency, including locational needs;
(B) the agency proposes to remain in a building that
the agency has occupied previously;
(C) the agency proposes to lease a building of historical,
architectural, or cultural significance (as defined in section
3306(a)(4) of title 40, United States Code) or space in
such a building; or
(D) the lease is for not more than 10,000 gross square
feet of space.
(2) BUILDINGS WITHOUT ENERGY STAR LABEL.—If one of
the conditions described in paragraph (2) is met, the agency
may enter into a contract to lease space in a building that
has not earned the Energy Star label in the most recent year
if the lease contract includes provisions requiring that, prior
to occupancy or, in the case of a contract described in paragraph
(1)(B), not later than 1 year after signing the contract, the
space will be renovated for all energy efficiency and conservation improvements that would be cost effective over the life
of the lease, including improvements in lighting, windows, and
heating, ventilation, and air conditioning systems.
(c) REVISION OF FEDERAL ACQUISITION REGULATION.—
(1) IN GENERAL.—Not later than 3 years after the date
of the enactment of this Act, the Federal Acquisition Regulation
described in section 6(a) of the Office of Federal Procurement
Policy Act (41 U.S.C. 405(a)) shall be revised to require Federal
officers and employees to comply with this section in leasing
buildings.
(2) CONSULTATION.—The members of the Federal Acquisition Regulatory Council established under section 25 of the
Office of Federal Procurement Policy Act (41 U.S.C. 421) shall

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121 STAT. 1616

PUBLIC LAW 110–140—DEC. 19, 2007

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consult with the Federal Director and the Commercial Director
before promulgating regulations to carry out this subsection.

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42 USC 17092.

SEC. 436. HIGH-PERFORMANCE GREEN FEDERAL BUILDINGS.

Deadline.

(a) ESTABLISHMENT OF OFFICE.—Not later than 60 days after
the date of enactment of this Act, the Administrator shall establish
within the General Services Administration an Office of Federal
High-Performance Green Buildings, and appoint an individual to
serve as Federal Director in, a position in the career-reserved
Senior Executive service, to—
(1) establish and manage the Office of Federal HighPerformance Green Buildings; and
(2) carry out other duties as required under this subtitle.
(b) COMPENSATION.—The compensation of the Federal Director
shall not exceed the maximum rate of basic pay for the Senior
Executive Service under section 5382 of title 5, United States Code,
including any applicable locality-based comparability payment that
may be authorized under section 5304(h)(2)(C) of that title.
(c) DUTIES.—The Federal Director shall—
(1) coordinate the activities of the Office of Federal HighPerformance Green Buildings with the activities of the Office
of Commercial High-Performance Green Buildings, and the Secretary, in accordance with section 305(a)(3)(D) of the Energy
Conservation and Production Act (42 U.S.C. 6834(a)(3)(D));
(2) ensure full coordination of high-performance green
building information and activities within the General Services
Administration and all relevant agencies, including, at a minimum—
(A) the Environmental Protection Agency;
(B) the Office of the Federal Environmental Executive;
(C) the Office of Federal Procurement Policy;
(D) the Department of Energy;
(E) the Department of Health and Human Services;
(F) the Department of Defense;
(G) the Department of Transportation;
(H) the National Institute of Standards and Technology; and
(I) the Office of Science and Technology Policy;
(3) establish a senior-level Federal Green Building Advisory
Committee under section 474, which shall provide advice and
recommendations in accordance with that section and subsection (d);
(4) identify and every 5 years reassess improved or higher
rating standards recommended by the Advisory Committee;
(5) ensure full coordination, dissemination of information
regarding, and promotion of the results of research and development information relating to Federal high-performance green
building initiatives;
(6) identify and develop Federal high-performance green
building standards for all types of Federal facilities, consistent
with the requirements of this subtitle and section 305(a)(3)(D)
of the Energy Conservation and Production Act (42 U.S.C.
6834(a)(3)(D));
(7) establish green practices that can be used throughout
the life of a Federal facility;

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1617

(8) review and analyze current Federal budget practices
and life-cycle costing issues, and make recommendations to
Congress, in accordance with subsection (d); and
(9) identify opportunities to demonstrate innovative and
emerging green building technologies and concepts.
(d) ADDITIONAL DUTIES.—The Federal Director, in consultation
with the Commercial Director and the Advisory Committee, and
consistent with the requirements of section 305(a)(3)(D) of the
Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D))
shall—
(1) identify, review, and analyze current budget and contracting practices that affect achievement of high-performance
green buildings, including the identification of barriers to highperformance green building life-cycle costing and budgetary
issues;
(2) develop guidance and conduct training sessions with
budget specialists and contracting personnel from Federal agencies and budget examiners to apply life-cycle cost criteria to
actual projects;
(3) identify tools to aid life-cycle cost decisionmaking; and
(4) explore the feasibility of incorporating the benefits of
high-performance green buildings, such as security benefits,
into a cost-budget analysis to aid in life-cycle costing for budget
and decisionmaking processes.
(e) INCENTIVES.—Within 90 days after the date of enactment
of this Act, the Federal Director shall identify incentives to encourage the expedited use of high-performance green buildings and
related technology in the operations of the Federal Government,
in accordance with the requirements of section 305(a)(3)(D) of the
Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)),
including through—
(1) the provision of recognition awards; and
(2) the maximum feasible retention of financial savings
in the annual budgets of Federal agencies for use in reinvesting
in future high-performance green building initiatives.
(f) REPORT.—Not later than 2 years after the date of enactment
of this Act, and biennially thereafter, the Federal Director, in consultation with the Secretary, shall submit to Congress a report
that—
(1) describes the status of compliance with this subtitle,
the requirements of section 305(a)(3)(D) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)), and
other Federal high-performance green building initiatives in
effect as of the date of the report, including—
(A) the extent to which the programs are being carried
out in accordance with this subtitle and the requirements
of section 305(a)(3)(D) of that Act; and
(B) the status of funding requests and appropriations
for those programs;
(2) identifies within the planning, budgeting, and construction process all types of Federal facility procedures that may
affect the certification of new and existing Federal facilities
as high-performance green buildings under the provisions of
section 305(a)(3)(D) of that Act and the criteria established
in subsection (h);

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PUBLIC LAW 110–140—DEC. 19, 2007

(3) identifies inconsistencies, as reported to the Advisory
Committee, in Federal law with respect to product acquisition
guidelines and high-performance product guidelines;
(4) recommends language for uniform standards for use
by Federal agencies in environmentally responsible acquisition;
(5) in coordination with the Office of Management and
Budget, reviews the budget process for capital programs with
respect to alternatives for—
(A) restructuring of budgets to require the use of complete energy and environmental cost accounting;
(B) using operations expenditures in budget-related
decisions while simultaneously incorporating productivity
and health measures (as those measures can be quantified
by the Office of Federal High-Performance Green Buildings,
with the assistance of universities and national laboratories);
(C) streamlining measures for permitting Federal agencies to retain all identified savings accrued as a result
of the use of life-cycle costing for future high-performance
green building initiatives; and
(D) identifying short-term and long-term cost savings
that accrue from high-performance green buildings,
including those relating to health and productivity;
(6) identifies green, self-sustaining technologies to address
the operational needs of Federal facilities in times of national
security emergencies, natural disasters, or other dire emergencies;
(7) summarizes and highlights development, at the State
and local level, of high-performance green building initiatives,
including executive orders, policies, or laws adopted promoting
high-performance green building (including the status of
implementation of those initiatives); and
(8) includes, for the 2-year period covered by the report,
recommendations to address each of the matters, and a plan
for implementation of each recommendation, described in paragraphs (1) through (7).
(g) IMPLEMENTATION.—The Office of Federal High-Performance
Green Buildings shall carry out each plan for implementation of
recommendations under subsection (f)(8).
(h) IDENTIFICATION OF CERTIFICATION SYSTEM.—
(1) IN GENERAL.—For the purpose of this section, not later
than 60 days after the date of enactment of this Act, the
Federal Director shall identify and shall provide to the Secretary pursuant to section 305(a)(3)(D) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)), a certification
system that the Director determines to be the most likely
to encourage a comprehensive and environmentally-sound
approach to certification of green buildings.
(2) BASIS.—The system identified under paragraph (1) shall
be based on—
(A) a study completed every 5 years and provided
to the Secretary pursuant to section 305(a)(3)(D) of that
Act, which shall be carried out by the Federal Director
to compare and evaluate standards;
(B) the ability and availability of assessors and auditors to independently verify the criteria and measurement
of metrics at the scale necessary to implement this subtitle;

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(C) the ability of the applicable standard-setting
organization to collect and reflect public comment;
(D) the ability of the standard to be developed and
revised through a consensus-based process;
(E) an evaluation of the robustness of the criteria for
a high-performance green building, which shall give credit
for promoting—
(i) efficient and sustainable use of water, energy,
and other natural resources;
(ii) use of renewable energy sources;
(iii) improved indoor environmental quality
through enhanced indoor air quality, thermal comfort,
acoustics, day lighting, pollutant source control, and
use of low-emission materials and building system controls;
(iv) reduced impacts from transportation through
building location and site design that promote access
by public transportation; and
(v) such other criteria as the Federal Director
determines to be appropriate; and
(F) national recognition within the building industry.

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SEC. 437. FEDERAL GREEN BUILDING PERFORMANCE.

42 USC 17093.

(a) IN GENERAL.—Not later than October 31 of each of the
2 fiscal years following the fiscal year in which this Act is enacted,
and at such times thereafter as the Comptroller General of the
United States determines to be appropriate, the Comptroller General of the United States shall, with respect to the fiscal years
that have passed since the preceding report—
(1) conduct an audit of the implementation of this subtitle,
section 305(a)(3)(D) of the Energy Conservation and Production
Act (42 U.S.C. 6834(a)(3)(D)), and section 435; and
(2) submit to the Federal Director, the Advisory Committee,
the Administrator, and Congress a report describing the results
of the audit.
(b) CONTENTS.—An audit under subsection (a) shall include
a review, with respect to the period covered by the report under
subsection (a)(2), of—
(1) budget, life-cycle costing, and contracting issues, using
best practices identified by the Comptroller General of the
United States and heads of other agencies in accordance with
section 436(d);
(2) the level of coordination among the Federal Director,
the Office of Management and Budget, the Department of
Energy, and relevant agencies;
(3) the performance of the Federal Director and other agencies in carrying out the implementation plan;
(4) the design stage of high-performance green building
measures;
(5) high-performance building data that were collected and
reported to the Office; and
(6) such other matters as the Comptroller General of the
United States determines to be appropriate.
(c) ENVIRONMENTAL STEWARDSHIP SCORECARD.—The Federal
Director shall consult with the Advisory Committee to enhance,
and assist in the implementation of, the Office of Management
and Budget government efficiency reports and scorecards under

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PUBLIC LAW 110–140—DEC. 19, 2007

section 528 and the Environmental Stewardship Scorecard
announced at the White House summit on Federal sustainable
buildings in January 2006, to measure the implementation by each
Federal agency of sustainable design and green building initiatives.
42 USC 17094.

SEC. 438. STORM WATER RUNOFF REQUIREMENTS FOR FEDERAL
DEVELOPMENT PROJECTS.

The sponsor of any development or redevelopment project
involving a Federal facility with a footprint that exceeds 5,000
square feet shall use site planning, design, construction, and
maintenance strategies for the property to maintain or restore,
to the maximum extent technically feasible, the predevelopment
hydrology of the property with regard to the temperature, rate,
volume, and duration of flow.
42 USC 17095.

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SEC. 439. COST-EFFECTIVE TECHNOLOGY ACCELERATION PROGRAM.

(a) DEFINITION OF ADMINISTRATOR.—In this section, the term
‘‘Administrator’’ means the Administrator of General Services.
(b) ESTABLISHMENT.—
(1) IN GENERAL.—The Administrator shall establish a program to accelerate the use of more cost-effective technologies
and practices at GSA facilities.
(2) REQUIREMENTS.—The program established under this
subsection shall—
(A) ensure centralized responsibility for the coordination of cost reduction-related recommendations, practices,
and activities of all relevant Federal agencies;
(B) provide technical assistance and operational guidance to applicable tenants to achieve the goal identified
in subsection (c)(2)(B)(ii);
(C) establish methods to track the success of Federal
departments and agencies with respect to that goal; and
(D) be fully coordinated with and no less stringent
nor less energy-conserving or water-conserving than
required by other provisions of this Act and other applicable
law, including sections 321 through 324, 431 through 438,
461, 511 through 518, and 523 through 525 and amendments made by those sections.
(c) ACCELERATED USE OF TECHNOLOGIES.—
(1) REVIEW.—
(A) IN GENERAL.—As part of the program under this
section, not later than 90 days after the date of enactment
of this Act, the Administrator shall conduct a review of—
(i) current use of cost-effective lighting technologies
and geothermal heat pumps in GSA facilities; and
(ii) the availability to managers of GSA facilities
of cost-effective lighting technologies and geothermal
heat pumps.
(B) REQUIREMENTS.—The review under subparagraph
(A) shall—
(i) examine the use of cost-effective lighting technologies, geothermal heat pumps, and other cost-effective technologies and practices by Federal agencies
in GSA facilities; and
(ii) as prepared in consultation with the Administrator of the Environmental Protection Agency, identify
cost-effective lighting technology and geothermal heat

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121 STAT. 1621

pump technology standards that could be used for all
types of GSA facilities.
(2) REPLACEMENT.—
(A) IN GENERAL.—As part of the program under this
section, not later than 180 days after the date of enactment
of this Act, the Administrator shall establish, using available appropriations and programs implementing sections
432 and 525 (and amendments made by those sections),
a cost-effective lighting technology and geothermal heat
pump technology acceleration program to achieve maximum
feasible replacement of existing lighting, heating, cooling
technologies with cost-effective lighting technologies and
geothermal heat pump technologies in each GSA facility.
Such program shall fully comply with the requirements
of sections 321 through 324, 431 through 438, 461, 511
through 518, and 523 through 525 and amendments made
by those sections and any other provisions of law, which
shall be applicable to the extent that they are more stringent or would achieve greater energy savings than required
by this section.
(B) ACCELERATION PLAN TIMETABLE.—
(i) IN GENERAL.—To implement the program established under subparagraph (A), not later than 1 year
after the date of enactment of this Act, the Administrator shall establish a timetable of actions to comply
with the requirements of this section and sections 431
through 435, whichever achieves greater energy
savings most expeditiously, including milestones for
specific activities needed to replace existing lighting,
heating, cooling technologies with cost-effective lighting
technologies and geothermal heat pump technologies,
to the maximum extent feasible (including at the maximum rate feasible), at each GSA facility.
(ii) GOAL.—The goal of the timetable under clause
(i) shall be to complete, using available appropriations
and programs implementing sections 431 through 435
(and amendments made by those sections), maximum
feasible replacement of existing lighting, heating, and
cooling technologies with cost-effective lighting technologies and geothermal heat pump technologies consistent with the requirements of this section and sections 431 through 435, whichever achieves greater
energy savings most expeditiously. Notwithstanding
any provision of this section, such program shall fully
comply with the requirements of the Act including
sections 321 through 324, 431 through 438, 461, 511
through 518, and 523 through 525 and amendments
made by those sections and other provisions of law,
which shall be applicable to the extent that they are
more stringent or would achieve greater energy or
water savings than required by this section.
(d) GSA FACILITY TECHNOLOGIES AND PRACTICES.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, and annually thereafter, the Administrator shall—
(A) ensure that a manager responsible for implementing section 432 and for accelerating the use of cost-

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121 STAT. 1622

effective technologies and practices is designated for each
GSA facility; and
(B) submit to Congress a plan to comply with section
432, this section, and other applicable provisions of this
Act and applicable law with respect to energy and water
conservation at GSA facilities.
(2) MEASURES.—The plan shall implement measures
required by such other provisions of law in accordance with
those provisions, and shall implement the measures required
by this section to the maximum extent feasible (including at
the maximum rate feasible) using available appropriations and
programs implementing sections 431 through 435 and 525 (and
amendments made by those sections), by not later than the
date that is 5 years after the date of enactment of this Act.
(3) CONTENTS OF PLAN.—The plan shall—
(A) with respect to cost-effective technologies and practices—
(i) identify the specific activities needed to comply
with sections 431 through 435;
(ii) identify the specific activities needed to achieve
at least a 20-percent reduction in operational costs
through the application of cost-effective technologies
and practices from 2003 levels at GSA facilities by
not later than 5 years after the date of enactment
of this Act;
(iii) describe activities required and carried out
to estimate the funds necessary to achieve the reduction described in clauses (i) and (ii);
(B) include an estimate of the funds necessary to carry
out this section;
(C) describe the status of the implementation of costeffective technologies and practices at GSA facilities,
including—
(i) the extent to which programs, including the
program established under subsection (b), are being
carried out in accordance with this subtitle; and
(ii) the status of funding requests and appropriations for those programs;
(D) identify within the planning, budgeting, and
construction processes, all types of GSA facility-related
procedures that inhibit new and existing GSA facilities
from implementing cost-effective technologies;
(E) recommend language for uniform standards for
use by Federal agencies in implementing cost-effective technologies and practices;
(F) in coordination with the Office of Management
and Budget, review the budget process for capital programs
with respect to alternatives for—
(i) implementing measures that will assure that
Federal agencies retain all identified savings accrued
as a result of the use of cost-effective technologies,
consistent with section 543(a)(1) of the National Energy
Conservation Policy Act (42 U.S.C. 8253(a)(1), and
other applicable law; and
(ii) identifying short- and long-term cost savings
that accrue from the use of cost-effective technologies
and practices;

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121 STAT. 1623

(G) with respect to cost-effective technologies and practices, achieve substantial operational cost savings through
the application of the technologies; and
(H) include recommendations to address each of the
matters, and a plan for implementation of each recommendation, described in subparagraphs (A) through (G).
(4) ADMINISTRATION.—Notwithstanding any provision of
this section, the program required under this section shall
fully comply with the requirements of sections 321 through
324, 431 through 438, 461, 511 through 518, and 523 through
525 and amendments made by those sections, which shall be
applicable to the extent that they are more stringent or would
achieve greater energy or water savings than required by this
section.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section, to remain available until expended.
SEC. 440. AUTHORIZATION OF APPROPRIATIONS.

42 USC 17096.

There is authorized to be appropriated to carry out sections
434 through 439 and 482 $4,000,000 for each of fiscal years 2008
through 2012, to remain available until expended.
SEC. 441. PUBLIC BUILDING LIFE-CYCLE COSTS.

Section 544(a)(1) of the National Energy Conservation Policy
Act (42 U.S.C. 8254(a)(1)) is amended by striking ‘‘25’’ and inserting
‘‘40’’.

Subtitle D—Industrial Energy Efficiency
SEC. 451. INDUSTRIAL ENERGY EFFICIENCY.

(a) IN GENERAL.—Title III of the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.) is amended by inserting after
part D the following:

‘‘PART E—INDUSTRIAL ENERGY EFFICIENCY

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‘‘SEC. 371. DEFINITIONS.

42 USC 6341.

‘‘In this part:
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the
Administrator of the Environmental Protection Agency.
‘‘(2) COMBINED HEAT AND POWER.—The term ‘combined heat
and power system’ means a facility that—
‘‘(A) simultaneously and efficiently produces useful
thermal energy and electricity; and
‘‘(B) recovers not less than 60 percent of the energy
value in the fuel (on a higher-heating-value basis) in the
form of useful thermal energy and electricity.
‘‘(3) NET EXCESS POWER.—The term ‘net excess power’
means, for any facility, recoverable waste energy recovered
in the form of electricity in quantities exceeding the total
consumption of electricity at the specific time of generation
on the site at which the facility is located.
‘‘(4) PROJECT.—The term ‘project’ means a recoverable
waste energy project or a combined heat and power system
project.

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121 STAT. 1624

PUBLIC LAW 110–140—DEC. 19, 2007
‘‘(5) RECOVERABLE WASTE ENERGY.—The term ‘recoverable
waste energy’ means waste energy from which electricity or
useful thermal energy may be recovered through modification
of an existing facility or addition of a new facility.
‘‘(6) REGISTRY.—The term ‘Registry’ means the Registry
of Recoverable Waste Energy Sources established under section
372(d).
‘‘(7) USEFUL THERMAL ENERGY.—The term ‘useful thermal
energy’ means energy—
‘‘(A) in the form of direct heat, steam, hot water, or
other thermal form that is used in production and beneficial
measures for heating, cooling, humidity control, process
use, or other valid thermal end-use energy requirements;
and
‘‘(B) for which fuel or electricity would otherwise be
consumed.
‘‘(8) WASTE ENERGY.—The term ‘waste energy’ means—
‘‘(A) exhaust heat or flared gas from any industrial
process;
‘‘(B) waste gas or industrial tail gas that would otherwise be flared, incinerated, or vented;
‘‘(C) a pressure drop in any gas, excluding any pressure
drop to a condenser that subsequently vents the resulting
heat; and
‘‘(D) such other forms of waste energy as the Administrator may determine.
‘‘(9) OTHER TERMS.—The terms ‘electric utility’, ‘nonregulated electric utility’, ‘State regulated electric utility’, and other
terms have the meanings given those terms in title I of the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2611
et seq.).

42 USC 6342.

‘‘SEC. 372. SURVEY AND REGISTRY.

‘‘(a) RECOVERABLE WASTE ENERGY INVENTORY PROGRAM.—
‘‘(1) IN GENERAL.—The Administrator, in cooperation with
the Secretary and State energy offices, shall establish a recoverable waste energy inventory program.
‘‘(2) SURVEY.—The program shall include—
‘‘(A) an ongoing survey of all major industrial and
large commercial combustion sources in the United States
(as defined by the Administrator) and the sites at which
the sources are located; and
‘‘(B) a review of each source for the quantity and
quality of waste energy produced at the source.
‘‘(b) CRITERIA.—
‘‘(1) IN GENERAL.—Not later than 270 days after the date
of enactment of the Energy Independence and Security Act
of 2007, the Administrator shall publish a rule for establishing
criteria for including sites in the Registry.
‘‘(2) INCLUSIONS.—The criteria shall include—
‘‘(A) a requirement that, to be included in the Registry,
a project at the site shall be determined to be economically
feasible by virtue of offering a payback of invested costs
not later than 5 years after the date of first full project
operation (including incentives offered under this part);
‘‘(B) standards to ensure that projects proposed for
inclusion in the Registry are not developed or used for

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121 STAT. 1625

the primary purpose of making sales of excess electric
power under the regulatory provisions of this part; and
‘‘(C) procedures for contesting the listing of any source
or site on the Registry by any State, utility, or other
interested person.
‘‘(c) TECHNICAL SUPPORT.—On the request of the owner or operator of a source or site included in the Registry, the Secretary
shall—
‘‘(1) provide to owners or operators of combustion sources
technical support; and
‘‘(2) offer partial funding (in an amount equal to not more
than one-half of total costs) for feasibility studies to confirm
whether or not investment in recovery of waste energy or
combined heat and power at a source would offer a payback
period of 5 years or less.
‘‘(d) REGISTRY.—
‘‘(1) ESTABLISHMENT.—
‘‘(A) IN GENERAL.—Not later than 1 year after the
date of enactment of the Energy Independence and Security
Act of 2007, the Administrator shall establish a Registry
of Recoverable Waste Energy Sources, and sites on which
the sources are located, that meet the criteria established
under subsection (b).
‘‘(B) UPDATES; AVAILABILITY.—The Administrator
shall—
‘‘(i) update the Registry on a regular basis; and
‘‘(ii) make the Registry available to the public on
the website of the Environmental Protection Agency.
‘‘(C) CONTESTING LISTING.—Any State, electric utility,
or other interested person may contest the listing of any
source or site by submitting a petition to the Administrator.
‘‘(2) CONTENTS.—
‘‘(A) IN GENERAL.—The Administrator shall register
and include on the Registry all sites meeting the criteria
established under subsection (b).
‘‘(B) QUANTITY OF RECOVERABLE WASTE ENERGY.—The
Administrator shall—
‘‘(i) calculate the total quantities of potentially
recoverable waste energy from sources at the sites,
nationally and by State; and
‘‘(ii) make public—
‘‘(I) the total quantities described in clause
(i); and
‘‘(II) information on the criteria pollutant and
greenhouse gas emissions savings that might be
achieved with recovery of the waste energy from
all sources and sites listed on the Registry.
‘‘(3) AVAILABILITY OF INFORMATION.—
‘‘(A) IN GENERAL.—The Administrator shall notify
owners or operators of recoverable waste energy sources
and sites listed on the Registry prior to publishing the
listing.
‘‘(B) DETAILED QUANTITATIVE INFORMATION.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), the owner or operator of a source at a site may

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121 STAT. 1626

PUBLIC LAW 110–140—DEC. 19, 2007

elect to have detailed quantitative information concerning the site not made public by notifying the
Administrator of the election.
‘‘(ii) LIMITED AVAILABILITY.—The information shall
be made available to—
‘‘(I) the applicable State energy office; and
‘‘(II) any utility requested to support recovery
of waste energy from the source pursuant to the
incentives provided under section 374.
‘‘(iii) STATE TOTALS.—Information concerning the
site shall be included in the total quantity of recoverable waste energy for a State unless there are fewer
than 3 sites in the State.
‘‘(4) REMOVAL OF PROJECTS FROM REGISTRY.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), as a
project achieves successful recovery of waste energy, the
Administrator shall—
‘‘(i) remove the related sites or sources from the
Registry; and
‘‘(ii) designate the removed projects as eligible for
incentives under section 374.
‘‘(B) LIMITATION.—No project shall be removed from
the Registry without the consent of the owner or operator
of the project if—
‘‘(i) the owner or operator has submitted a petition
under section 374; and
‘‘(ii) the petition has not been acted on or denied.
‘‘(5) INELIGIBILITY OF CERTAIN SOURCES.—The Administrator shall not list any source constructed after the date of
the enactment of the Energy Independence and Security Act
of 2007 on the Registry if the Administrator determines that
the source—
‘‘(A) was developed for the primary purpose of making
sales of excess electric power under the regulatory provisions of this part; or
‘‘(B) does not capture at least 60 percent of the total
energy value of the fuels used (on a higher-heating-value
basis) in the form of useful thermal energy, electricity,
mechanical energy, chemical output, or any combination
thereof.
‘‘(e) SELF-CERTIFICATION.—
‘‘(1) IN GENERAL.—Subject to any procedures that are established by the Administrator, an owner, operator, or third-party
developer of a recoverable waste energy project that qualifies
under standards established by the Administrator may selfcertify the sites or sources of the owner, operator, or developer
to the Administrator for inclusion in the Registry.
‘‘(2) REVIEW AND APPROVAL.—To prevent a fraudulent
listing, a site or source shall be included on the Registry only
if the Administrator reviews and approves the self-certification.
‘‘(f) NEW FACILITIES.—As a new energy-consuming industrial
facility is developed after the date of enactment of the Energy
Independence and Security Act of 2007, to the extent the facility
may constitute a site with recoverable waste energy that may
qualify for inclusion on the Registry, the Administrator may elect
to include the facility on the Registry, at the request of the owner,
operator, or developer of the facility, on a conditional basis with

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121 STAT. 1627

the site to be removed from the Registry if the development ceases
or the site fails to qualify for listing under this part.
‘‘(g) OPTIMUM MEANS OF RECOVERY.—For each site listed in
the Registry, at the request of the owner or operator of the site,
the Administrator shall offer, in cooperation with Clean Energy
Application Centers operated by the Secretary of Energy, suggestions for optimum means of recovery of value from waste energy
stream in the form of electricity, useful thermal energy, or other
energy-related products.
‘‘(h) REVISION.—Each annual report of a State under section
548(a) of the National Energy Conservation Policy Act (42 U.S.C.
8258(a)) shall include the results of the survey for the State under
this section.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to—
‘‘(1) the Administrator to create and maintain the Registry
and services authorized by this section, $1,000,000 for each
of fiscal years 2008 through 2012; and
‘‘(2) the Secretary—
‘‘(A) to assist site or source owners and operators in
determining the feasibility of projects authorized by this
section, $2,000,000 for each of fiscal years 2008 through
2012; and
‘‘(B) to provide funding for State energy office functions
under this section, $5,000,000.

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‘‘SEC. 373. WASTE ENERGY RECOVERY INCENTIVE GRANT PROGRAM.

42 USC 6343.

‘‘(a) ESTABLISHMENT.—The Secretary shall establish in the
Department of Energy a waste energy recovery incentive grant
program to provide incentive grants to—
‘‘(1) owners and operators of projects that successfully
produce electricity or incremental useful thermal energy from
waste energy recovery;
‘‘(2) utilities purchasing or distributing the electricity; and
‘‘(3) States that have achieved 80 percent or more of
recoverable waste heat recovery opportunities.
‘‘(b) GRANTS TO PROJECTS AND UTILITIES.—
‘‘(1) IN GENERAL.—The Secretary shall make grants under
this section—
‘‘(A) to the owners or operators of waste energy
recovery projects; and
‘‘(B) in the case of excess power purchased or transmitted by a electric utility, to the utility.
‘‘(2) PROOF.—Grants may only be made under this section
on receipt of proof of waste energy recovery or excess electricity
generation, or both, from the project in a form prescribed by
the Secretary.
‘‘(3) EXCESS ELECTRIC ENERGY.—
‘‘(A) IN GENERAL.—In the case of waste energy recovery,
a grant under this section shall be made at the rate of
$10 per megawatt hour of documented electricity produced
from recoverable waste energy (or by prevention of waste
energy in the case of a new facility) by the project during
the first 3 calendar years of production, beginning on or
after the date of enactment of the Energy Independence
and Security Act of 2007.

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121 STAT. 1628

Regulations.

42 USC 6344.

‘‘(B) UTILITIES.—If the project produces net excess
power and an electric utility purchases or transmits the
excess power, 50 percent of so much of the grant as is
attributable to the net excess power shall be paid to the
electric utility purchasing or transporting the net excess
power.
‘‘(4) USEFUL THERMAL ENERGY.—In the case of waste energy
recovery that produces useful thermal energy that is used for
a purpose different from that for which the project is principally
designed, a grant under this section shall be made to the
owner or operator of the waste energy recovery project at the
rate of $10 for each 3,412,000 Btus of the excess thermal
energy used for the different purpose.
‘‘(c) GRANTS TO STATES.—In the case of any State that has
achieved 80 percent or more of waste heat recovery opportunities
identified by the Secretary under this part, the Administrator shall
make a 1-time grant to the State in an amount of not more than
$1,000 per megawatt of waste-heat capacity recovered (or a thermal
equivalent) to support State-level programs to identify and achieve
additional energy efficiency.
‘‘(d) ELIGIBILITY.—The Secretary shall—
‘‘(1) establish rules and guidelines to establish eligibility
for grants under subsection (b);
‘‘(2) publicize the availability of the grant program known
to owners or operators of recoverable waste energy sources
and sites listed on the Registry; and
‘‘(3) award grants under the program on the basis of the
merits of each project in recovering or preventing waste energy
throughout the United States on an impartial, objective, and
not unduly discriminatory basis.
‘‘(e) LIMITATION.—The Secretary shall not award grants to any
person for a combined heat and power project or a waste heat
recovery project that qualifies for specific Federal tax incentives
for combined heat and power or for waste heat recovery.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary—
‘‘(1) to make grants to projects and utilities under subsection (b)—
‘‘(A) $100,000,000 for fiscal year 2008 and $200,000,000
for each of fiscal years 2009 through 2012; and
‘‘(B) such additional amounts for fiscal year 2008 and
each fiscal year thereafter as may be necessary for administration of the waste energy recovery incentive grant program; and
‘‘(2) to make grants to States under subsection (b),
$10,000,000 for each of fiscal years 2008 through 2012, to
remain available until expended.
‘‘SEC. 374. ADDITIONAL INCENTIVES FOR RECOVERY, USE, AND
PREVENTION OF INDUSTRIAL WASTE ENERGY.

‘‘(a) CONSIDERATION OF STANDARD.—
‘‘(1) IN GENERAL.—Not later than 180 days after the receipt
by a State regulatory authority (with respect to each electric
utility for which the authority has ratemaking authority), or
nonregulated electric utility, of a request from a project sponsor
or owner or operator, the State regulatory authority or nonregulated electric utility shall—

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Deadline.
Notification.

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121 STAT. 1629

‘‘(A) provide public notice and conduct a hearing
respecting the standard established by subsection (b); and
‘‘(B) on the basis of the hearing, consider and make
a determination whether or not it is appropriate to implement the standard to carry out the purposes of this part.
‘‘(2) RELATIONSHIP TO STATE LAW.—For purposes of any
determination under paragraph (1) and any review of the determination in any court, the purposes of this section supplement
otherwise applicable State law.
‘‘(3) NONADOPTION OF STANDARD.—Nothing in this part prohibits any State regulatory authority or nonregulated electric
utility from making any determination that it is not appropriate
to adopt any standard described in paragraph (1), pursuant
to authority under otherwise applicable State law.
‘‘(b) STANDARD FOR SALES OF EXCESS POWER.—For purposes
of this section, the standard referred to in subsection (a) shall
provide that an owner or operator of a waste energy recovery
project identified on the Registry that generates net excess power
shall be eligible to benefit from at least 1 of the options described
in subsection (c) for disposal of the net excess power in accordance
with the rate conditions and limitations described in subsection
(d).
‘‘(c) OPTIONS.—The options referred to in subsection (b) are
as follows:
‘‘(1) SALE OF NET EXCESS POWER TO UTILITY.—The electric
utility shall purchase the net excess power from the owner
or operator of the eligible waste energy recovery project during
the operation of the project under a contract entered into for
that purpose.
‘‘(2) TRANSPORT BY UTILITY FOR DIRECT SALE TO THIRD
PARTY.—The electric utility shall transmit the net excess power
on behalf of the project owner or operator to up to 3 separate
locations on the system of the utility for direct sale by the
owner or operator to third parties at those locations.
‘‘(3) TRANSPORT OVER PRIVATE TRANSMISSION LINES.—The
State and the electric utility shall permit, and shall waive
or modify such laws as would otherwise prohibit, the construction and operation of private electric wires constructed, owned,
and operated by the project owner or operator, to transport
the power to up to 3 purchasers within a 3-mile radius of
the project, allowing the wires to use or cross public rightsof-way, without subjecting the project to regulation as a public
utility, and according the wires the same treatment for safety,
zoning, land use, and other legal privileges as apply or would
apply to the wires of the utility, except that—
‘‘(A) there shall be no grant of any power of eminent
domain to take or cross private property for the wires;
and
‘‘(B) the wires shall be physically segregated and not
interconnected with any portion of the system of the utility,
except on the customer side of the revenue meter of the
utility and in a manner that precludes any possible export
of the electricity onto the utility system, or disruption
of the system.
‘‘(4) AGREED ON ALTERNATIVES.—The utility and the owner
or operator of the project may reach agreement on any alternate
arrangement and payments or rates associated with the

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PUBLIC LAW 110–140—DEC. 19, 2007
arrangement that is mutually satisfactory and in accord with
State law.
‘‘(d) RATE CONDITIONS AND CRITERIA.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) PER UNIT DISTRIBUTION COSTS.—The term ‘per unit
distribution costs’ means (in kilowatt hours) the quotient
obtained by dividing—
‘‘(i) the depreciated book-value distribution system
costs of a utility; by
‘‘(ii) the volume of utility electricity sales or transmission during the previous year at the distribution
level.
‘‘(B) PER UNIT DISTRIBUTION MARGIN.—The term ‘per
unit distribution margin’ means—
‘‘(i) in the case of a State-regulated electric utility,
a per-unit gross pretax profit equal to the product
obtained by multiplying—
‘‘(I) the State-approved percentage rate of
return for the utility for distribution system assets;
by
‘‘(II) the per unit distribution costs; and
‘‘(ii) in the case of a nonregulated utility, a per
unit contribution to net revenues determined multiplying—
‘‘(I) the percentage (but not less than 10 percent) obtained by dividing—
‘‘(aa) the amount of any net revenue payment or contribution to the owners or subscribers of the nonregulated utility during the
prior year; by
‘‘(bb) the gross revenues of the utility
during the prior year to obtain a percentage;
by
‘‘(II) the per unit distribution costs.
‘‘(C) PER UNIT TRANSMISSION COSTS.—The term ‘per
unit transmission costs’ means the total cost of those transmission services purchased or provided by a utility on
a per-kilowatt-hour basis as included in the retail rate
of the utility.
‘‘(2) OPTIONS.—The options described in paragraphs (1) and
(2) in subsection (c) shall be offered under purchase and transport rate conditions that reflect the rate components defined
under paragraph (1) as applicable under the circumstances
described in paragraph (3).
‘‘(3) APPLICABLE RATES.—
‘‘(A) RATES APPLICABLE TO SALE OF NET EXCESS
POWER.—
‘‘(i) IN GENERAL.—Sales made by a project owner
or operator of a facility under the option described
in subsection (c)(1) shall be paid for on a per kilowatt
hour basis that shall equal the full undiscounted retail
rate paid to the utility for power purchased by the
facility minus per unit distribution costs, that applies
to the type of utility purchasing the power.
‘‘(ii) VOLTAGES EXCEEDING 25 KILOVOLTS.—If the
net excess power is made available for purchase at
voltages that must be transformed to or from voltages

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121 STAT. 1631

exceeding 25 kilovolts to be available for resale by
the utility, the purchase price shall further be reduced
by per unit transmission costs.
‘‘(B) RATES APPLICABLE TO TRANSPORT BY UTILITY FOR
DIRECT SALE TO THIRD PARTIES.—
‘‘(i) IN GENERAL.—Transportation by utilities of
power on behalf of the owner or operator of a project
under the option described in subsection (c)(2) shall
incur a transportation rate that shall equal the per
unit distribution costs and per unit distribution
margin, that applies to the type of utility transporting
the power.
‘‘(ii) VOLTAGES EXCEEDING 25 KILOVOLTS.—If the
net excess power is made available for transportation
at voltages that must be transformed to or from
voltages exceeding 25 kilovolts to be transported to
the designated third-party purchasers, the transport
rate shall further be increased by per unit transmission
costs.
‘‘(iii) STATES WITH COMPETITIVE RETAIL MARKETS
FOR ELECTRICITY.—In a State with a competitive retail
market for electricity, the applicable transportation
rate for similar transportation shall be applied in lieu
of any rate calculated under this paragraph.
‘‘(4) LIMITATIONS.—
‘‘(A) IN GENERAL.—Any rate established for sale or
transportation under this section shall—
‘‘(i) be modified over time with changes in the
underlying costs or rates of the electric utility; and
‘‘(ii) reflect the same time-sensitivity and billing
periods as are established in the retail sales or
transportation rates offered by the utility.
‘‘(B) LIMITATION.—No utility shall be required to purchase or transport a quantity of net excess power under
this section that exceeds the available capacity of the wires,
meter, or other equipment of the electric utility serving
the site unless the owner or operator of the project agrees
to pay necessary and reasonable upgrade costs.
‘‘(e) PROCEDURAL REQUIREMENTS FOR CONSIDERATION AND
DETERMINATION.—
‘‘(1) PUBLIC NOTICE AND HEARING.—
‘‘(A) IN GENERAL.—The consideration referred to in subsection (a) shall be made after public notice and hearing.
‘‘(B) ADMINISTRATION.—The determination referred to
in subsection (a) shall be—
‘‘(i) in writing;
‘‘(ii) based on findings included in the determination and on the evidence presented at the hearing;
and
‘‘(iii) available to the public.
‘‘(2) INTERVENTION BY ADMINISTRATOR.—The Administrator
may intervene as a matter of right in a proceeding conducted
under this section—
‘‘(A) to calculate—
‘‘(i) the energy and emissions likely to be saved
by electing to adopt 1 or more of the options; and

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121 STAT. 1632

PUBLIC LAW 110–140—DEC. 19, 2007
‘‘(ii) the costs and benefits to ratepayers and the
utility; and
‘‘(B) to advocate for the waste-energy recovery opportunity.
‘‘(3) PROCEDURES.—
‘‘(A) IN GENERAL.—Except as otherwise provided in
paragraphs (1) and (2), the procedures for the consideration
and determination referred to in subsection (a) shall be
the procedures established by the State regulatory
authority or the nonregulated electric utility.
‘‘(B) MULTIPLE PROJECTS.—If there is more than 1
project seeking consideration simultaneously in connection
with the same utility, the proceeding may encompass all
such projects, if full attention is paid to individual circumstances and merits and an individual judgment is
reached with respect to each project.
‘‘(f) IMPLEMENTATION.—
‘‘(1) IN GENERAL.—The State regulatory authority (with
respect to each electric utility for which the authority has
ratemaking authority) or nonregulated electric utility may, to
the extent consistent with otherwise applicable State law—
‘‘(A) implement the standard determined under this
section; or
‘‘(B) decline to implement any such standard.
‘‘(2) NONIMPLEMENTATION OF STANDARD.—
‘‘(A) IN GENERAL.—If a State regulatory authority (with
respect to each electric utility for which the authority has
ratemaking authority) or nonregulated electric utility
declines to implement any standard established by this
section, the authority or nonregulated electric utility shall
state in writing the reasons for declining to implement
the standard.
‘‘(B) AVAILABILITY TO PUBLIC.—The statement of reasons shall be available to the public.
‘‘(C) ANNUAL REPORT.—The Administrator shall include
in an annual report submitted to Congress a description
of the lost opportunities for waste-heat recovery from the
project described in subparagraph (A), specifically identifying the utility and stating the quantity of lost energy
and emissions savings calculated.
‘‘(D) NEW PETITION.—If a State regulatory authority
(with respect to each electric utility for which the authority
has ratemaking authority) or nonregulated electric utility
declines to implement the standard established by this
section, the project sponsor may submit a new petition
under this section with respect to the project at any time
after the date that is 2 years after the date on which
the State regulatory authority or nonregulated utility
declined to implement the standard.

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42 USC 6345.

‘‘SEC. 375. CLEAN ENERGY APPLICATION CENTERS.

‘‘(a) RENAMING.—
‘‘(1) IN GENERAL.—The Combined Heat and Power Application Centers of the Department of Energy are redesignated
as Clean Energy Application Centers.
‘‘(2) REFERENCES.—Any reference in any law, rule, regulation, or publication to a Combined Heat and Power Application

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121 STAT. 1633

Center shall be treated as a reference to a Clean Energy
Application Center.
‘‘(b) RELOCATION.—
‘‘(1) IN GENERAL.—In order to better coordinate efforts with
the separate Industrial Assessment Centers and to ensure that
the energy efficiency and, when applicable, the renewable
nature of deploying mature clean energy technology is fully
accounted for, the Secretary shall relocate the administration
of the Clean Energy Application Centers to the Office of Energy
Efficiency and Renewable Energy within the Department of
Energy.
‘‘(2) OFFICE OF ELECTRICITY DELIVERY AND ENERGY RELIABILITY.—The Office of Electricity Delivery and Energy Reliability shall—
‘‘(A) continue to perform work on the role of technology
described in paragraph (1) in support of the grid and the
reliability and security of the technology; and
‘‘(B) shall assist the Clean Energy Application Centers
in the work of the Centers with regard to the grid and
with electric utilities.
‘‘(c) GRANTS.—
‘‘(1) IN GENERAL.—The Secretary shall make grants to
universities, research centers, and other appropriate institutions to ensure the continued operations and effectiveness of
8 Regional Clean Energy Application Centers in each of the
following regions (as designated for such purposes as of the
date of the enactment of the Energy Independence and Security
Act of 2007):
‘‘(A) Gulf Coast.
‘‘(B) Intermountain.
‘‘(C) Mid-Atlantic.
‘‘(D) Midwest.
‘‘(E) Northeast.
‘‘(F) Northwest.
‘‘(G) Pacific.
‘‘(H) Southeast.
‘‘(2) ESTABLISHMENT OF GOALS AND COMPLIANCE.—In
making grants under this subsection, the Secretary shall ensure
that sufficient goals are established and met by each Center
throughout the program duration concerning outreach and technology deployment.
‘‘(d) ACTIVITIES.—
‘‘(1) IN GENERAL.—Each Clean Energy Application Center
shall—
‘‘(A) operate a program to encourage deployment of
clean energy technologies through education and outreach
to building and industrial professionals; and other individuals and organizations with an interest in efficient energy
use; and
‘‘(B) provide project specific support to building and
industrial professionals through assessments and advisory
activities.
‘‘(2) TYPES OF ACTIVITIES.—Funds made available under
this section may be used—
‘‘(A) to develop and distribute informational materials
on clean energy technologies, including continuation of the

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121 STAT. 1634

PUBLIC LAW 110–140—DEC. 19, 2007

8 websites in existence on the date of enactment of the
Energy Independence and Security Act of 2007;
‘‘(B) to develop and conduct target market workshops,
seminars, Internet programs, and other activities to educate end users, regulators, and stakeholders in a manner
that leads to the deployment of clean energy technologies;
‘‘(C) to provide or coordinate onsite assessments for
sites and enterprises that may consider deployment of clean
energy technology;
‘‘(D) to perform market research to identify high profile
candidates for clean energy deployment;
‘‘(E) to provide consulting support to sites considering
deployment of clean energy technologies;
‘‘(F) to assist organizations developing clean energy
technologies to overcome barriers to deployment; and
‘‘(G) to assist companies and organizations with
performance evaluations of any clean energy technology
implemented.
‘‘(e) DURATION.—
‘‘(1) IN GENERAL.—A grant awarded under this section shall
be for a period of 5 years
‘‘(2) ANNUAL EVALUATIONS.—Each grant shall be evaluated
annually for the continuation of the grant based on the activities and results of the grant.
‘‘(f) AUTHORIZATION.—There is authorized to be appropriated
to carry out this section $10,000,000 for each of fiscal years 2008
through 2012.’’.
(b) TABLE OF CONTENTS.—The table of contents of the Energy
Policy and Conservation Act (42 U.S.C. prec. 6201) is amended
by inserting after the items relating to part D of title III the
following:
‘‘PART E—INDUSTRIAL ENERGY EFFICIENCY
Definitions.
Survey and Registry.
Waste energy recovery incentive grant program.
Additional incentives for recovery, utilization and prevention of industrial waste energy.
‘‘Sec. 375. Clean Energy Application Centers.’’.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

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42 USC 17111.

371.
372.
373.
374.

SEC. 452. ENERGY-INTENSIVE INDUSTRIES PROGRAM.

(a) DEFINITIONS.—In this section:
(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) an energy-intensive industry;
(B) a national trade association representing an
energy-intensive industry; or
(C) a person acting on behalf of 1 or more energyintensive industries or sectors, as determined by the Secretary.
(2) ENERGY-INTENSIVE INDUSTRY.—The term ‘‘energy-intensive industry’’ means an industry that uses significant quantities of energy as part of its primary economic activities,
including—
(A) information technology, including data centers containing electrical equipment used in processing, storing,
and transmitting digital information;
(B) consumer product manufacturing;
(C) food processing;
(D) materials manufacturers, including—

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121 STAT. 1635

(i) aluminum;
(ii) chemicals;
(iii) forest and paper products;
(iv) metal casting;
(v) glass;
(vi) petroleum refining;
(vii) mining; and
(viii) steel;
(E) other energy-intensive industries, as determined
by the Secretary.
(3) FEEDSTOCK.—The term ‘‘feedstock’’ means the raw material supplied for use in manufacturing, chemical, and biological
processes.
(4) PARTNERSHIP.—The term ‘‘partnership’’ means an
energy efficiency partnership established under subsection
(c)(1)(A).
(5) PROGRAM.—The term ‘‘program’’ means the energyintensive industries program established under subsection (b).
(b) ESTABLISHMENT OF PROGRAM.—The Secretary shall establish a program under which the Secretary, in cooperation with
energy-intensive industries and national industry trade associations
representing the energy-intensive industries, shall support,
research, develop, and promote the use of new materials processes,
technologies, and techniques to optimize energy efficiency and the
economic competitiveness of the United States’ industrial and
commercial sectors.
(c) PARTNERSHIPS.—
(1) IN GENERAL.—As part of the program, the Secretary
shall establish energy efficiency partnerships between the Secretary and eligible entities to conduct research on, develop,
and demonstrate new processes, technologies, and operating
practices and techniques to significantly improve the energy
efficiency of equipment and processes used by energy-intensive
industries, including the conduct of activities to—
(A) increase the energy efficiency of industrial processes and facilities;
(B) research, develop, and demonstrate advanced technologies capable of energy intensity reductions and
increased environmental performance; and
(C) promote the use of the processes, technologies,
and techniques described in subparagraphs (A) and (B).
(2) ELIGIBLE ACTIVITIES.—Partnership activities eligible for
funding under this subsection include—
(A) feedstock and recycling research, development, and
demonstration activities to identify and promote—
(i) opportunities for meeting industry feedstock
requirements with more energy efficient and flexible
sources of feedstock or energy supply;
(ii) strategies to develop and deploy technologies
that improve the quality and quantity of feedstocks
recovered from process and waste streams; and
(iii) other methods using recycling, reuse, and
improved industrial materials;
(B) research to develop and demonstrate technologies
and processes that utilize alternative energy sources to
supply heat, power, and new feedstocks for energy-intensive
industries;

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121 STAT. 1636

PUBLIC LAW 110–140—DEC. 19, 2007

(C) research to achieve energy efficiency in steam,
power, control system, and process heat technologies, and
in other manufacturing processes; and
(D) industrial and commercial energy efficiency and
sustainability assessments to—
(i) assist individual industrial and commercial sectors in developing tools, techniques, and methodologies
to assess—
(I) the unique processes and facilities of the
sectors;
(II) the energy utilization requirements of the
sectors; and
(III) the application of new, more energy efficient technologies; and
(ii) conduct energy savings assessments;
(E) the incorporation of technologies and innovations
that would significantly improve the energy efficiency and
utilization of energy-intensive commercial applications; and
(F) any other activities that the Secretary determines
to be appropriate.
(3) PROPOSALS.—
(A) IN GENERAL.—To be eligible for funding under this
subsection, a partnership shall submit to the Secretary
a proposal that describes the proposed research, development, or demonstration activity to be conducted by the
partnership.
(B) REVIEW.—After reviewing the scientific, technical,
and commercial merit of a proposals submitted under
subparagraph (A), the Secretary shall approve or disapprove the proposal.
(C) COMPETITIVE AWARDS.—The provision of funding
under this subsection shall be on a competitive basis.
(4) COST-SHARING REQUIREMENT.—In carrying out this section, the Secretary shall require cost sharing in accordance
with section 988 of the Energy Policy Act of 2005 (42 U.S.C.
16352).
(d) GRANTS.—The Secretary may award competitive grants for
innovative technology research, development and demonstrations
to universities, individual inventors, and small companies, based
on energy savings potential, commercial viability, and technical
merit.
(e) INSTITUTION OF HIGHER EDUCATION-BASED INDUSTRIAL
RESEARCH AND ASSESSMENT CENTERS.—The Secretary shall provide
funding to institution of higher education-based industrial research
and assessment centers, whose purpose shall be—
(1) to identify opportunities for optimizing energy efficiency
and environmental performance;
(2) to promote applications of emerging concepts and technologies in small- and medium-sized manufacturers;
(3) to promote research and development for the use of
alternative energy sources to supply heat, power, and new
feedstocks for energy-intensive industries;
(4) to coordinate with appropriate Federal and State
research offices, and provide a clearinghouse for industrial
process and energy efficiency technical assistance resources;
and

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(5) to coordinate with State-accredited technical training
centers and community colleges, while ensuring appropriate
services to all regions of the United States.
(f) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be appropriated
to the Secretary to carry out this section—
(A) $184,000,000 for fiscal year 2008;
(B) $190,000,000 for fiscal year 2009;
(C) $196,000,000 for fiscal year 2010;
(D) $202,000,000 for fiscal year 2011;
(E) $208,000,000 for fiscal year 2012; and
(F) such sums as are necessary for fiscal year 2013
and each fiscal year thereafter.
(2) PARTNERSHIP ACTIVITIES.—Of the amounts made available under paragraph (1), not less than 50 percent shall be
used to pay the Federal share of partnership activities under
subsection (c).
(3) COORDINATION AND NONDUPLICATION.—The Secretary
shall coordinate efforts under this section with other programs
of the Department and other Federal agencies to avoid duplication of effort.

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SEC. 453. ENERGY EFFICIENCY FOR DATA CENTER BUILDINGS.

42 USC 17112.

(a) DEFINITIONS.—In this section:
(1) DATA CENTER.—The term ‘‘data center’’ means any
facility that primarily contains electronic equipment used to
process, store, and transmit digital information, which may
be—
(A) a free-standing structure; or
(B) a facility within a larger structure, that uses
environmental control equipment to maintain the proper
conditions for the operation of electronic equipment.
(2) DATA CENTER OPERATOR.—The term ‘‘data center operator’’ means any person or government entity that builds or
operates a data center or purchases data center services, equipment, and facilities.
(b) VOLUNTARY NATIONAL INFORMATION PROGRAM.—
(1) IN GENERAL.—Not later than 90 days after the date
of enactment of this Act, the Secretary and the Administrator
of the Environmental Protection Agency shall, after consulting
with information technology industry and other interested parties, initiate a voluntary national information program for those
types of data centers and data center equipment and facilities
that are widely used and for which there is a potential for
significant data center energy savings as a result of the program.
(2) REQUIREMENTS.—The program described in paragraph
(1) shall—
(A) address data center efficiency holistically, reflecting
the total energy consumption of data centers as whole
systems, including both equipment and facilities;
(B) consider prior work and studies undertaken in
this area, including by the Environmental Protection
Agency and the Department of Energy;
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121 STAT. 1638

PUBLIC LAW 110–140—DEC. 19, 2007
center equipment and facilities to be covered under the
program;
(D) produce specifications, measurements, best practices, and benchmarks that will enable data center operators to make more informed decisions about the energy
efficiency and costs of data centers, and that take into
account—
(i) the performance and use of servers, data storage
devices, and other information technology equipment;
(ii) the efficiency of heating, ventilation, and air
conditioning, cooling, and power conditioning systems,
provided that no modification shall be required of a
standard then in effect under the Energy Policy and
Conservation Act (42 U.S.C. 6201 et seq.) for any covered heating, ventilation, air-conditioning, cooling or
power-conditioning product;
(iii) energy savings from the adoption of software
and data management techniques; and
(iv) other factors determined by the organization
described in subsection (c);
(E) allow for creation of separate specifications,
measurements, and benchmarks based on data center size
and function, as well as other appropriate characteristics;
(F) advance the design and implementation of efficiency
technologies to the maximum extent economically practical;
(G) provide to data center operators in the private
sector and the Federal Government information about best
practices and purchasing decisions that reduce the energy
consumption of data centers; and
(H) publish the information described in subparagraph
(G), which may be disseminated through catalogs, trade
publications, the Internet, or other mechanisms, that will
allow data center operators to assess the energy consumption and potential cost savings of alternative data centers
and data center equipment and facilities.
(3) PROCEDURES.—The program described in paragraph (1)
shall be developed in consultation with and coordinated by
the organization described in subsection (c) according to commonly accepted procedures for the development of specifications,
measurements, and benchmarks.
(c) DATA CENTER EFFICIENCY ORGANIZATION.—
(1) IN GENERAL.—After the establishment of the program
described in subsection (b), the Secretary and the Administrator
shall jointly designate an information technology industry
organization to consult with and to coordinate the program.
(2) REQUIREMENTS.—The organization designated under
paragraph (1), whether preexisting or formed specifically for
the purposes of subsection (b), shall—
(A) consist of interested parties that have expertise
in energy efficiency and in the development, operation,
and functionality of computer data centers, information
technology equipment, and software, as well as representatives of hardware manufacturers, data center operators,
and facility managers;
(B) obtain and address input from Department of
Energy National Laboratories or any college, university,
research institution, industry association, company, or

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121 STAT. 1639

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public interest group with applicable expertise in any of
the areas listed in paragraph (1);
(C) follow commonly accepted procedures for the
development of specifications and accredited standards
development processes;
(D) have a mission to develop and promote energy
efficiency for data centers and information technology; and
(E) have the primary responsibility to consult in the
development and publishing of the information, measurements, and benchmarks described in subsection (b) and
transmission of the information to the Secretary and the
Administrator for consideration under subsection (d).
(d) MEASUREMENTS AND SPECIFICATIONS.—
(1) IN GENERAL.—The Secretary and the Administrator
shall consider the specifications, measurements, and benchmarks described in subsection (b) for use by the Federal Energy
Management Program, the Energy Star Program, and other
efficiency programs of the Department of Energy and Environmental Protection Agency, respectively.
(2) REJECTIONS.—If the Secretary or the Administrator
rejects 1 or more specifications, measurements, or benchmarks
described in subsection (b), the rejection shall be made consistent with section 12(d) of the National Technology Transfer
and Advancement Act of 1995 (15 U.S.C. 272 note; Public
Law 104–113).
(3) DETERMINATION OF IMPRACTICABILITY.—A determination
that a specification, measurement, or benchmark described in
subsection (b) is impractical may include consideration of the
maximum efficiency that is technologically feasible and
economically justified.
(e) MONITORING.—The Secretary and the Administrator shall—
(1) monitor and evaluate the efforts to develop the program
described in subsection (b); and
(2) not later than 3 years after the date of enactment
of this Act, make a determination as to whether the program
is consistent with the objectives of subsection (b).
(f) ALTERNATIVE SYSTEM.—If the Secretary and the Administrator make a determination under subsection (e) that a voluntary
national information program for data centers consistent with the
objectives of subsection (b) has not been developed, the Secretary
and the Administrator shall, after consultation with the National
Institute of Standards and Technology and not later than 2 years
after the determination, develop and implement the program under
subsection (b).
(g) PROTECTION OF PROPRIETARY INFORMATION.—The Secretary,
the Administrator, or the data center efficiency organization shall
not disclose any proprietary information or trade secrets provided
by any individual or company for the purposes of carrying out
this section or the program established under this section.

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121 STAT. 1640

PUBLIC LAW 110–140—DEC. 19, 2007

Subtitle E—Healthy High-Performance
Schools
SEC. 461. HEALTHY HIGH-PERFORMANCE SCHOOLS.

(a) AMENDMENT.—The Toxic Substances Control Act (15 U.S.C.
2601 et seq.) is amended by adding at the end the following new
title:

‘‘TITLE V—HEALTHY HIGHPERFORMANCE SCHOOLS
15 USC 2695.

‘‘SEC. 501. GRANTS FOR HEALTHY SCHOOL ENVIRONMENTS.

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‘‘(a) IN GENERAL.—The Administrator, in consultation with the
Secretary of Education, may provide grants to States for use in—
‘‘(1) providing technical assistance for programs of the
Environmental Protection Agency (including the Tools for
Schools Program and the Healthy School Environmental
Assessment Tool) to schools for use in addressing environmental
issues; and
‘‘(2) development and implementation of State school
environmental health programs that include—
‘‘(A) standards for school building design, construction,
and renovation; and
‘‘(B) identification of ongoing school building environmental problems, including contaminants, hazardous substances, and pollutant emissions, in the State and recommended solutions to address those problems, including
assessment of information on the exposure of children to
environmental hazards in school facilities.
‘‘(b) SUNSET.—The authority of the Administrator to carry out
this section shall expire 5 years after the date of enactment of
this section.

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15 USC 2695a.

‘‘SEC. 502. MODEL GUIDELINES FOR SITING OF SCHOOL FACILITIES.

Deadline.

‘‘Not later than 18 months after the date of enactment of
this section, the Administrator, in consultation with the Secretary
of Education and the Secretary of Health and Human Services,
shall issue voluntary school site selection guidelines that account
for—
‘‘(1) the special vulnerability of children to hazardous substances or pollution exposures in any case in which the potential
for contamination at a potential school site exists;
‘‘(2) modes of transportation available to students and staff;
‘‘(3) the efficient use of energy; and
‘‘(4) the potential use of a school at the site as an emergency
shelter.

15 USC 2695b.

‘‘SEC. 503. PUBLIC OUTREACH.

Publication.

‘‘(a) REPORTS.—The Administrator shall publish and submit
to Congress an annual report on all activities carried out under
this title, until the expiration of authority described in section
501(b).
‘‘(b) PUBLIC OUTREACH.—The Federal Director appointed under
section 436(a) of the Energy Independence and Security Act of
2007 (in this title referred to as the ‘Federal Director’) shall ensure,

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121 STAT. 1641

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to the maximum extent practicable, that the public clearinghouse
established under section 423(1) of the Energy Independence and
Security Act of 2007 receives and makes available information
on the exposure of children to environmental hazards in school
facilities, as provided by the Administrator.

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‘‘SEC. 504. ENVIRONMENTAL HEALTH PROGRAM.

15 USC 2695c.

‘‘(a) IN GENERAL.—Not later than 2 years after the date of
enactment of this section, the Administrator, in consultation with
the Secretary of Education, the Secretary of Health and Human
Services, and other relevant agencies, shall issue voluntary guidelines for use by the State in developing and implementing an
environmental health program for schools that—
‘‘(1) takes into account the status and findings of Federal
initiatives established under this title or subtitle C of title
IV of the Energy Independence and Security Act of 2007 and
other relevant Federal law with respect to school facilities,
including relevant updates on trends in the field, such as the
impact of school facility environments on student and staff—
‘‘(A) health, safety, and productivity; and
‘‘(B) disabilities or special needs;
‘‘(2) takes into account studies using relevant tools identified or developed in accordance with section 492 of the Energy
Independence and Security Act of 2007;
‘‘(3) takes into account, with respect to school facilities,
each of—
‘‘(A) environmental problems, contaminants, hazardous
substances, and pollutant emissions, including—
‘‘(i) lead from drinking water;
‘‘(ii) lead from materials and products;
‘‘(iii) asbestos;
‘‘(iv) radon;
‘‘(v) the presence of elemental mercury releases
from products and containers;
‘‘(vi) pollutant emissions from materials and products; and
‘‘(vii) any other environmental problem, contaminant, hazardous substance, or pollutant emission that
present or may present a risk to the health of occupants
of the school facilities or environment;
‘‘(B) natural day lighting;
‘‘(C) ventilation choices and technologies;
‘‘(D) heating and cooling choices and technologies;
‘‘(E) moisture control and mold;
‘‘(F) maintenance, cleaning, and pest control activities;
‘‘(G) acoustics; and
‘‘(H) other issues relating to the health, comfort,
productivity, and performance of occupants of the school
facilities;
‘‘(4) provides technical assistance on siting, design, management, and operation of school facilities, including facilities used
by students with disabilities or special needs;
‘‘(5) collaborates with federally funded pediatric environmental health centers to assist in on-site school environmental
investigations;
‘‘(6) assists States and the public in better understanding
and improving the environmental health of children; and

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121 STAT. 1642

PUBLIC LAW 110–140—DEC. 19, 2007

‘‘(7) takes into account the special vulnerability of children
in low-income and minority communities to exposures from
contaminants, hazardous substances, and pollutant emissions.
‘‘(b) PUBLIC OUTREACH.—The Federal Director and Commercial
Director shall ensure, to the maximum extent practicable, that
the public clearinghouse established under section 423 of the Energy
Independence and Security Act of 2007 receives and makes available—
‘‘(1) information from the Administrator that is contained
in the report described in section 503(a); and
‘‘(2) information on the exposure of children to environmental hazards in school facilities, as provided by the Administrator.
15 USC 2695d.

‘‘SEC. 505. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this
title $1,000,000 for fiscal year 2009, and $1,500,000 for each of
fiscal years 2010 through 2013, to remain available until
expended.’’.
(b) TABLE OF CONTENTS AMENDMENT.—The table of contents
for the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is
amended by adding at the end the following:
‘‘TITLE V—HEALTHY HIGH-PERFORMANCE SCHOOLS
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

501.
502.
503.
504.
505.

Grants for healthy school environments.
Model guidelines for siting of school facilities.
Public outreach.
Environmental health program.
Authorization of appropriations.’’.

SEC. 462. STUDY ON INDOOR ENVIRONMENTAL QUALITY IN SCHOOLS.
Contracts.

(a) IN GENERAL.—The Administrator of the Environmental
Protection Agency shall enter into an arrangement with the Secretary of Education and the Secretary of Energy to conduct a
detailed study of how sustainable building features such as energy
efficiency affect multiple perceived indoor environmental quality
stressors on students in K–12 schools.
(b) CONTENTS.—The study shall—
(1) investigate the combined effect building stressors such
as heating, cooling, humidity, lighting, and acoustics have on
building occupants’ health, productivity, and overall well-being;
(2) identify how sustainable building features, such as
energy efficiency, are influencing these human outcomes singly
and in concert; and
(3) ensure that the impacts of the indoor environmental
quality are evaluated as a whole.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated for carrying out this section $200,000 for each
of the fiscal years 2008 through 2012.

Subtitle F—Institutional Entities

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SEC. 471. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS AND
LOANS FOR INSTITUTIONS.

Part G of title III of the Energy Policy and Conservation Act
is amended by inserting after section 399 (42 U.S.C. 6371h) the
following:

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121 STAT. 1643

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‘‘SEC. 399A. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS AND
LOANS FOR INSTITUTIONS.

42 USC 6371h–1.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) COMBINED HEAT AND POWER.—The term ‘combined heat
and power’ means the generation of electric energy and heat
in a single, integrated system, with an overall thermal efficiency
of 60 percent or greater on a higher-heating-value basis.
‘‘(2) DISTRICT ENERGY SYSTEMS.—The term ‘district energy
systems’ means systems providing thermal energy from a
renewable energy source, thermal energy source, or highly efficient technology to more than 1 building or fixed energy-consuming use from 1 or more thermal-energy production facilities
through pipes or other means to provide space heating, space
conditioning, hot water, steam, compression, process energy,
or other end uses for that energy.
‘‘(3) ENERGY SUSTAINABILITY.—The term ‘energy sustainability’ includes using a renewable energy source, thermal
energy source, or a highly efficient technology for transportation, electricity generation, heating, cooling, lighting, or other
energy services in fixed installations.
‘‘(4) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given the term in
section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
‘‘(5) INSTITUTIONAL ENTITY.—The term ‘institutional entity’
means an institution of higher education, a public school district, a local government, a municipal utility, or a designee
of 1 of those entities.
‘‘(6) RENEWABLE ENERGY SOURCE.—The term ‘renewable
energy source’ has the meaning given the term in section 609
of the Public Utility Regulatory Policies Act of 1978 (7 U.S.C.
918c).
‘‘(7) SUSTAINABLE ENERGY INFRASTRUCTURE.—The term
‘sustainable energy infrastructure’ means—
‘‘(A) facilities for production of energy from renewable
energy sources, thermal energy sources, or highly efficient
technologies, including combined heat and power or other
waste heat use; and
‘‘(B) district energy systems.
‘‘(8) THERMAL ENERGY SOURCE.—The term ‘thermal energy
source’ means—
‘‘(A) a natural source of cooling or heating from lake
or ocean water; and
‘‘(B) recovery of useful energy that would otherwise
be wasted from ongoing energy uses.
‘‘(b) TECHNICAL ASSISTANCE GRANTS.—
‘‘(1) IN GENERAL.—Subject to the availability of appropriated funds, the Secretary shall implement a program of
information dissemination and technical assistance to institutional entities to assist the institutional entities in identifying,
evaluating, designing, and implementing sustainable energy
infrastructure projects in energy sustainability.
‘‘(2) ASSISTANCE.—The Secretary shall support institutional
entities in—
‘‘(A) identification of opportunities for sustainable
energy infrastructure;
‘‘(B) understanding the technical and economic
characteristics of sustainable energy infrastructure;

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121 STAT. 1644

PUBLIC LAW 110–140—DEC. 19, 2007

‘‘(C) utility interconnection and negotiation of power
and fuel contracts;
‘‘(D) understanding financing alternatives;
‘‘(E) permitting and siting issues;
‘‘(F) obtaining case studies of similar and successful
sustainable energy infrastructure systems; and
‘‘(G) reviewing and obtaining computer software for
assessment, design, and operation and maintenance of
sustainable energy infrastructure systems.
‘‘(3) ELIGIBLE COSTS FOR TECHNICAL ASSISTANCE GRANTS.—
On receipt of an application of an institutional entity, the
Secretary may make grants to the institutional entity to fund
a portion of the cost of—
‘‘(A) feasibility studies to assess the potential for
implementation or improvement of sustainable energy
infrastructure;
‘‘(B) analysis and implementation of strategies to overcome barriers to project implementation, including financial, contracting, siting, and permitting barriers; and
‘‘(C) detailed engineering of sustainable energy infrastructure.
‘‘(c) GRANTS FOR ENERGY EFFICIENCY IMPROVEMENT AND
ENERGY SUSTAINABILITY.—
‘‘(1) GRANTS.—
‘‘(A) IN GENERAL.—The Secretary shall award grants
to institutional entities to carry out projects to improve
energy efficiency on the grounds and facilities of the institutional entity.
‘‘(B) REQUIREMENT.—To the extent that applications
have been submitted, grants under subparagraph (A) shall
include not less than 1 grant each year to an institution
of higher education in each State.
‘‘(C) MINIMUM FUNDING.—Not less than 50 percent of
the total funding for all grants under this subsection shall
be awarded in grants to institutions of higher education.
‘‘(2) CRITERIA.—Evaluation of projects for grant funding
shall be based on criteria established by the Secretary,
including criteria relating to—
‘‘(A) improvement in energy efficiency;
‘‘(B) reduction in greenhouse gas emissions and other
air emissions, including criteria air pollutants and ozonedepleting refrigerants;
‘‘(C) increased use of renewable energy sources or
thermal energy sources;
‘‘(D) reduction in consumption of fossil fuels;
‘‘(E) active student participation; and
‘‘(F) need for funding assistance.
‘‘(3) CONDITION.—As a condition of receiving a grant under
this subsection, an institutional entity shall agree—
‘‘(A) to implement a public awareness campaign concerning the project in the community in which the institutional entity is located; and
‘‘(B) to submit to the Secretary, and make available
to the public, reports on any efficiency improvements,
energy cost savings, and environmental benefits achieved
as part of a project carried out under paragraph (1),

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121 STAT. 1645

including quantification of the results relative to the criteria described under paragraph (2).
‘‘(d) GRANTS FOR INNOVATION IN ENERGY SUSTAINABILITY.—
‘‘(1) GRANTS.—
‘‘(A) IN GENERAL.—The Secretary shall award grants
to institutional entities to engage in innovative energy
sustainability projects.
‘‘(B) REQUIREMENT.—To the extent that applications
have been submitted, grants under subparagraph (A) shall
include not less than 2 grants each year to institutions
of higher education in each State.
‘‘(C) MINIMUM FUNDING.—Not less than 50 percent of
the total funding for all grants under this subsection shall
be awarded in grants to institutions of higher education.
‘‘(2) INNOVATION PROJECTS.—An innovation project carried
out with a grant under this subsection shall—
‘‘(A) involve—
‘‘(i) an innovative technology that is not yet
commercially available; or
‘‘(ii) available technology in an innovative application that maximizes energy efficiency and sustainability;
‘‘(B) have the greatest potential for testing or demonstrating new technologies or processes; and
‘‘(C) to the extent undertaken by an institution of
higher education, ensure active student participation in
the project, including the planning, implementation,
evaluation, and other phases of projects.
‘‘(3) CONDITION.—As a condition of receiving a grant under
this subsection, an institutional entity shall agree to submit
to the Secretary, and make available to the public, reports
that describe the results of the projects carried out using grant
funds.
‘‘(e) ALLOCATION TO INSTITUTIONS OF HIGHER EDUCATION WITH
SMALL ENDOWMENTS.—
‘‘(1) IN GENERAL.—Of the total amount of grants provided
to institutions of higher education for a fiscal year under this
section, the Secretary shall provide not less than 50 percent
of the amount to institutions of higher education that have
an endowment of not more than $100,000,000.
‘‘(2) REQUIREMENT.—To the extent that applications have
been submitted, at least 50 percent of the amount described
in paragraph (1) shall be provided to institutions of higher
education that have an endowment of not more than
$50,000,000.
‘‘(f) GRANT AMOUNTS.—
‘‘(1) IN GENERAL.—If the Secretary determines that cost
sharing is appropriate, the amounts of grants provided under
this section shall be limited as provided in this subsection.
‘‘(2) TECHNICAL ASSISTANCE GRANTS.—In the case of grants
for technical assistance under subsection (b), grant funds shall
be available for not more than—
‘‘(A) an amount equal to the lesser of—
‘‘(i) $50,000; or
‘‘(ii) 75 percent of the cost of feasibility studies
to assess the potential for implementation or improvement of sustainable energy infrastructure;

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121 STAT. 1646

PUBLIC LAW 110–140—DEC. 19, 2007

‘‘(B) an amount equal to the lesser of—
‘‘(i) $90,000; or
‘‘(ii) 60 percent of the cost of guidance on overcoming barriers to project implementation, including
financial, contracting, siting, and permitting barriers;
and
‘‘(C) an amount equal to the lesser of—
‘‘(i) $250,000; or
‘‘(ii) 40 percent of the cost of detailed engineering
and design of sustainable energy infrastructure.
‘‘(3) GRANTS FOR EFFICIENCY IMPROVEMENT AND ENERGY
SUSTAINABILITY.—In the case of grants for efficiency improvement and energy sustainability under subsection (c), grant
funds shall be available for not more than an amount equal
to the lesser of—
‘‘(A) $1,000,000; or
‘‘(B) 60 percent of the total cost.
‘‘(4) GRANTS FOR INNOVATION IN ENERGY SUSTAINABILITY.—
In the case of grants for innovation in energy sustainability
under subsection (d), grant funds shall be available for not
more than an amount equal to the lesser of—
‘‘(A) $500,000; or
‘‘(B) 75 percent of the total cost.
‘‘(g) LOANS FOR ENERGY EFFICIENCY IMPROVEMENT AND ENERGY
SUSTAINABILITY.—
‘‘(1) IN GENERAL.—Subject to the availability of appropriated funds, the Secretary shall provide loans to institutional
entities for the purpose of implementing energy efficiency
improvements and sustainable energy infrastructure.
‘‘(2) TERMS AND CONDITIONS.—
‘‘(A) IN GENERAL.—Except as otherwise provided in
this paragraph, loans made under this subsection shall
be on such terms and conditions as the Secretary may
prescribe.
‘‘(B) MATURITY.—The final maturity of loans made
within a period shall be the lesser of, as determined by
the Secretary—
‘‘(i) 20 years; or
‘‘(ii) 90 percent of the useful life of the principal
physical asset to be financed by the loan.
‘‘(C) DEFAULT.—No loan made under this subsection
may be subordinated to another debt contracted by the
institutional entity or to any other claims against the
institutional entity in the case of default.
‘‘(D) BENCHMARK INTEREST RATE.—
‘‘(i) IN GENERAL.—Loans under this subsection
shall be at an interest rate that is set by reference
to a benchmark interest rate (yield) on marketable
Treasury securities with a similar maturity to the
direct loans being made.
‘‘(ii) MINIMUM.—The minimum interest rate of
loans under this subsection shall be at the interest
rate of the benchmark financial instrument.
‘‘(iii) NEW LOANS.—The minimum interest rate of
new loans shall be adjusted each quarter to take
account of changes in the interest rate of the benchmark financial instrument.

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1647

‘‘(E) CREDIT RISK.—The Secretary shall—
‘‘(i) prescribe explicit standards for use in periodically assessing the credit risk of making direct loans
under this subsection; and
‘‘(ii) find that there is a reasonable assurance of
repayment before making a loan.
‘‘(F) ADVANCE BUDGET AUTHORITY REQUIRED.—New
direct loans may not be obligated under this subsection
except to the extent that appropriations of budget authority
to cover the costs of the new direct loans are made in
advance, as required by section 504 of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661c).
‘‘(3) CRITERIA.—Evaluation of projects for potential loan
funding shall be based on criteria established by the Secretary,
including criteria relating to—
‘‘(A) improvement in energy efficiency;
‘‘(B) reduction in greenhouse gas emissions and other
air emissions, including criteria air pollutants and ozonedepleting refrigerants;
‘‘(C) increased use of renewable electric energy sources
or renewable thermal energy sources;
‘‘(D) reduction in consumption of fossil fuels; and
‘‘(E) need for funding assistance, including consideration of the size of endowment or other financial resources
available to the institutional entity.
‘‘(4) LABOR STANDARDS.—
‘‘(A) IN GENERAL.—All laborers and mechanics
employed by contractors or subcontractors in the performance of construction, repair, or alteration work funded in
whole or in part under this section shall be paid wages
at rates not less than those prevailing on projects of a
character similar in the locality as determined by the Secretary of Labor in accordance with sections 3141 through
3144, 3146, and 3147 of title 40, United States Code. The
Secretary shall not approve any such funding without first
obtaining adequate assurance that required labor standards will be maintained upon the construction work.
‘‘(B) AUTHORITY AND FUNCTIONS.—The Secretary of
Labor shall have, with respect to the labor standards specified in paragraph (1), the authority and functions set forth
in Reorganization Plan Number 14 of 1950 (15 Fed. Reg.
3176; 64 Stat. 1267) and section 3145 of title 40, United
States Code.
‘‘(h) PROGRAM PROCEDURES.—Not later than 180 days after
the date of enactment of this section, the Secretary shall establish
procedures for the solicitation and evaluation of potential projects
for grant and loan funding and administration of the grant and
loan programs.
‘‘(i) AUTHORIZATION.—
‘‘(1) GRANTS.—There is authorized to be appropriated for
the cost of grants authorized in subsections (b), (c), and (d)
$250,000,000 for each of fiscal years 2009 through 2013, of
which not more than 5 percent may be used for administrative
expenses.
‘‘(2) LOANS.—There is authorized to be appropriated for
the initial cost of direct loans authorized in subsection (g)
$500,000,000 for each of fiscal years 2009 through 2013, of

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121 STAT. 1648

PUBLIC LAW 110–140—DEC. 19, 2007
which not more than 5 percent may be used for administrative
expenses.’’.

Subtitle G—Public and Assisted Housing
SEC. 481. APPLICATION OF INTERNATIONAL ENERGY CONSERVATION
CODE TO PUBLIC AND ASSISTED HOUSING.

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Deadline.

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Section 109 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12709) is amended—
(1) in subsection (a)—
(A) in paragraph (1)(C), by striking, ‘‘, where such
standards are determined to be cost effective by the Secretary of Housing and Urban Development’’; and
(B) in the first sentence of paragraph (2)—
(i) by striking ‘‘Council of American Building Officials Model Energy Code, 1992’’ and inserting ‘‘2006
International Energy Conservation Code’’; and
(ii) by striking ‘‘, and, with respect to rehabilitation
and new construction of public and assisted housing
funded by HOPE VI revitalization grants under section
24 of the United States Housing Act of 1937 (42 U.S.C.
1437v), the 2003 International Energy Conservation
Code’’;
(2) in subsection (b)—
(A) in the heading, by striking ‘‘MODEL ENERGY
CODE.—’’ and inserting ‘‘INTERNATIONAL ENERGY CONSERVATION CODE.—’’;
(B) by inserting ‘‘and rehabilitation’’ after ‘‘all new
construction’’; and
(C) by striking ‘‘, and, with respect to rehabilitation
and new construction of public and assisted housing funded
by HOPE VI revitalization grants under section 24 of the
United States Housing Act of 1937 (42 U.S.C. 1437v), the
2003 International Energy Conservation Code’’;
(3) in subsection (c)—
(A) in the heading, by striking ‘‘MODEL ENERGY CODE
AND’’; and
(B) by striking ‘‘, or, with respect to rehabilitation
and new construction of public and assisted housing funded
by HOPE VI revitalization grants under section 24 of the
United States Housing Act of 1937 (42 U.S.C. 1437v), the
2003 International Energy Conservation Code’’;
(4) by adding at the end the following:
‘‘(d) FAILURE TO AMEND THE STANDARDS.—If the Secretary
of Housing and Urban Development and the Secretary of Agriculture have not, within 1 year after the requirements of the 2006
IECC or the ASHRAE Standard 90.1–2004 are revised, amended
the standards or made a determination under subsection (c), all
new construction and rehabilitation of housing specified in subsection (a) shall meet the requirements of the revised code or
standard if—
‘‘(1) the Secretary of Housing and Urban Development or
the Secretary of Agriculture make a determination that the
revised codes do not negatively affect the availability or affordability of new construction of assisted housing and single family
and multifamily residential housing (other than manufactured

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PUBLIC LAW 110–140—DEC. 19, 2007

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homes) subject to mortgages insured under the National
Housing Act (12 U.S.C. 1701 et seq.) or insured, guaranteed,
or made by the Secretary of Agriculture under title V of the
Housing Act of 1949 (42 U.S.C. 1471 et seq.), respectively;
and
‘‘(2) the Secretary of Energy has made a determination
under section 304 of the Energy Conservation and Production
Act (42 U.S.C. 6833) that the revised code or standard would
improve energy efficiency.’’;
(5) by striking ‘‘CABO Model Energy Code, 1992’’ each
place it appears and inserting ‘‘the 2006 IECC’’; and
(6) by striking ‘‘1989’’ each place it appears and inserting
‘‘2004’’.

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Subtitle H—General Provisions

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SEC. 491. DEMONSTRATION PROJECT.

42 USC 17121.

(a) IN GENERAL.—The Federal Director and the Commercial
Director shall establish guidelines to implement a demonstration
project to contribute to the research goals of the Office of Commercial High-Performance Green Buildings and the Office of Federal
High-Performance Green Buildings.
(b) PROJECTS.—In accordance with guidelines established by
the Federal Director and the Commercial Director under subsection
(a) and the duties of the Federal Director and the Commercial
Director described in this title, the Federal Director or the Commercial Director shall carry out—
(1) for each of fiscal years 2009 through 2014, 1 demonstration project per year of green features in a Federal building
selected by the Federal Director in accordance with relevant
agencies and described in subsection (c)(1), that—
(A) provides for instrumentation, monitoring, and data
collection related to the green features, for study of the
impact of the features on overall energy use and operational
costs, and for the evaluation of the information obtained
through the conduct of projects and activities under this
title; and
(B) achieves the highest rating offered by the high
performance green building system identified pursuant to
section 436(h);
(2) no fewer than 4 demonstration projects at 4 universities,
that, as competitively selected by the Commercial Director in
accordance with subsection (c)(2), have—
(A) appropriate research resources and relevant
projects to meet the goals of the demonstration project
established by the Office of Commercial High-Performance
Green Buildings; and
(B) the ability—
(i) to serve as a model for high-performance green
building initiatives, including research and education
by achieving the highest rating offered by the high
performance green building system identified pursuant
to section 436(h);
(ii) to identify the most effective ways to use highperformance green building and landscape technologies

Guidelines.

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121 STAT. 1650

PUBLIC LAW 110–140—DEC. 19, 2007
to engage and educate undergraduate and graduate
students;
(iii) to effectively implement a high-performance
green building education program for students and
occupants;
(iv) to demonstrate the effectiveness of various
high-performance technologies, including their impacts
on energy use and operational costs, in each of the
4 climatic regions of the United States described in
subsection (c)(2)(B); and
(v) to explore quantifiable and nonquantifiable
beneficial impacts on public health and employee and
student performance;
(3) demonstration projects to evaluate replicable
approaches of achieving high performance in actual building
operation in various types of commercial buildings in various
climates; and
(4) deployment activities to disseminate information on
and encourage widespread adoption of technologies, practices,
and policies to achieve zero-net-energy commercial buildings
or low energy use and effective monitoring of energy use in
commercial buildings.
(c) CRITERIA.—
(1) FEDERAL FACILITIES.—With respect to the existing or
proposed Federal facility at which a demonstration project
under this section is conducted, the Federal facility shall—
(A) be an appropriate model for a project relating to—
(i) the effectiveness of high-performance technologies;
(ii) analysis of materials, components, systems, and
emergency operations in the building, and the impact
of those materials, components, and systems, including
the impact on the health of building occupants;
(iii) life-cycle costing and life-cycle assessment of
building materials and systems; and
(iv) location and design that promote access to
the Federal facility through walking, biking, and mass
transit; and
(B) possess sufficient technological and organizational
adaptability.
(2) UNIVERSITIES.—With respect to the 4 universities at
which a demonstration project under this section is conducted—
(A) the universities should be selected, after careful
review of all applications received containing the required
information, as determined by the Commercial Director,
based on—
(i) successful and established public-private
research and development partnerships;
(ii) demonstrated capabilities to construct or renovate buildings that meet high indoor environmental
quality standards;
(iii) organizational flexibility;
(iv) technological adaptability;
(v) the demonstrated capacity of at least 1 university to replicate lessons learned among nearby or sister
universities, preferably by participation in groups or
consortia that promote sustainability;

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1651

(vi) the demonstrated capacity of at least 1 university to have officially-adopted, institution-wide ‘‘highperformance green building’’ guidelines for all campus
building projects; and
(vii) the demonstrated capacity of at least 1 university to have been recognized by similar institutions
as a national leader in sustainability education and
curriculum for students of the university; and
(B) each university shall be located in a different climatic region of the United States, each of which regions
shall have, as determined by the Office of Commercial
High-Performance Green Buildings—
(i) a hot, dry climate;
(ii) a hot, humid climate;
(iii) a cold climate; or
(iv) a temperate climate (including a climate with
cold winters and humid summers).
(d) APPLICATIONS.—To receive a grant under subsection (b),
an eligible applicant shall submit to the Federal Director or the
Commercial Director an application at such time, in such manner,
and containing such information as the Director may require,
including a written assurance that all laborers and mechanics
employed by contractors or subcontractors during construction,
alteration, or repair that is financed, in whole or in part, by a
grant under this section shall be paid wages at rates not less
than those prevailing on similar construction in the locality, as
determined by the Secretary of Labor in accordance with sections
3141 through 3144, 3146, and 3147 of title 40, United States Code.
The Secretary of Labor shall, with respect to the labor standards
described in this subsection, have the authority and functions set
forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.)
and section 3145 of title 40, United States Code.
(e) REPORT.—Not later than 1 year after the date of enactment
of this Act, and annually thereafter through September 30, 2014—
(1) the Federal Director and the Commercial Director shall
submit to the Secretary a report that describes the status
of the demonstration projects; and
(2) each University at which a demonstration project under
this section is conducted shall submit to the Secretary a report
that describes the status of the demonstration projects under
this section.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out the demonstration project described
in section (b)(1), $10,000,000 for the period of fiscal years 2008
through 2012, and to carry out the demonstration project described
in section (b)(2), $10,000,000 for the period of fiscal years 2008
through 2012, to remain available until expended.

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SEC. 492. RESEARCH AND DEVELOPMENT.

42 USC 17122.

(a) ESTABLISHMENT.—The Federal Director and the Commercial
Director, jointly and in coordination with the Advisory Committee,
shall—
(1)(A) survey existing research and studies relating to highperformance green buildings; and
(B) coordinate activities of common interest;
(2) develop and recommend a high-performance green
building research plan that—

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121 STAT. 1652

PUBLIC LAW 110–140—DEC. 19, 2007

(A) identifies information and research needs, including
the relationships between human health, occupant productivity, safety, security, and accessibility and each of—
(i) emissions from materials and products in the
building;
(ii) natural day lighting;
(iii) ventilation choices and technologies;
(iv) heating, cooling, and system control choices
and technologies;
(v) moisture control and mold;
(vi) maintenance, cleaning, and pest control activities;
(vii) acoustics;
(viii) access to public transportation; and
(ix) other issues relating to the health, comfort,
productivity, and performance of occupants of the
building;
(B) promotes the development and dissemination of
high-performance green building measurement tools that,
at a minimum, may be used—
(i) to monitor and assess the life-cycle performance
of facilities (including demonstration projects) built as
high-performance green buildings; and
(ii) to perform life-cycle assessments; and
(C) identifies and tests new and emerging technologies
for high-performance green buildings;
(3) assist the budget and life-cycle costing functions of
the Directors’ Offices under section 436(d);
(4) study and identify potential benefits of green buildings
relating to security, natural disaster, and emergency needs
of the Federal Government; and
(5) support other research initiatives determined by the
Directors’ Offices.
(b) INDOOR AIR QUALITY.—The Federal Director, in consultation
with the Administrator of the Environmental Protection Agency
and the Advisory Committee, shall develop and carry out a comprehensive indoor air quality program for all Federal facilities to
ensure the safety of Federal workers and facility occupants—
(1) during new construction and renovation of facilities;
and
(2) in existing facilities.
SEC. 493. ENVIRONMENTAL PROTECTION AGENCY DEMONSTRATION
GRANT PROGRAM FOR LOCAL GOVERNMENTS.

Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is
amended by adding at the end the following:

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42 USC 7628.

‘‘SEC. 329. DEMONSTRATION GRANT PROGRAM FOR LOCAL GOVERNMENTS.

‘‘(a) GRANT PROGRAM.—
‘‘(1) IN GENERAL.—The Administrator shall establish a demonstration program under which the Administrator shall provide competitive grants to assist local governments (such as
municipalities and counties), with respect to local government
buildings—
‘‘(A) to deploy cost-effective technologies and practices;
and

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1653

‘‘(B) to achieve operational cost savings, through the
application of cost-effective technologies and practices, as
verified by the Administrator.
‘‘(2) COST SHARING.—
‘‘(A) IN GENERAL.—The Federal share of the cost of
an activity carried out using a grant provided under this
section shall be 40 percent.
‘‘(B) WAIVER OF NON-FEDERAL SHARE.—The Administrator may waive up to 100 percent of the local share
of the cost of any grant under this section should the
Administrator determine that the community is economically distressed, pursuant to objective economic criteria
established by the Administrator in published guidelines.
‘‘(3) MAXIMUM AMOUNT.—The amount of a grant provided
under this subsection shall not exceed $1,000,000.
‘‘(b) GUIDELINES.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this section, the Administrator shall issue
guidelines to implement the grant program established under
subsection (a).
‘‘(2) REQUIREMENTS.—The guidelines under paragraph (1)
shall establish—
‘‘(A) standards for monitoring and verification of operational cost savings through the application of cost-effective
technologies and practices reported by grantees under this
section;
‘‘(B) standards for grantees to implement training programs, and to provide technical assistance and education,
relating to the retrofit of buildings using cost-effective technologies and practices; and
‘‘(C) a requirement that each local government that
receives a grant under this section shall achieve facilitywide cost savings, through renovation of existing local
government buildings using cost-effective technologies and
practices, of at least 40 percent as compared to the baseline
operational costs of the buildings before the renovation
(as calculated assuming a 3-year, weather-normalized average).
‘‘(c) COMPLIANCE WITH STATE AND LOCAL LAW.—Nothing in
this section or any program carried out using a grant provided
under this section supersedes or otherwise affects any State or
local law, to the extent that the State or local law contains a
requirement that is more stringent than the relevant requirement
of this section.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $20,000,000 for each
of fiscal years 2007 through 2012.
‘‘(e) REPORTS.—
‘‘(1) IN GENERAL.—The Administrator shall provide annual
reports to Congress on cost savings achieved and actions taken
and recommendations made under this section, and any recommendations for further action.
‘‘(2) FINAL REPORT.—The Administrator shall issue a final
report at the conclusion of the program, including findings,
a summary of total cost savings achieved, and recommendations
for further action.

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‘‘(f) TERMINATION.—The program under this section shall terminate on September 30, 2012.
‘‘(g) DEFINITIONS.—In this section, the terms ‘cost-effective technologies and practices’ and ‘operating cost savings’ shall have the
meanings defined in section 401 of the Energy Independence and
Security Act of 2007.’’.
42 USC 17123.

SEC. 494. GREEN BUILDING ADVISORY COMMITTEE.

Deadline.

(a) ESTABLISHMENT.—Not later than 180 days after the date
of enactment of this Act, the Federal Director, in coordination
with the Commercial Director, shall establish an advisory committee, to be known as the ‘‘Green Building Advisory Committee’’.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Committee shall be composed of representatives of, at a minimum—
(A) each agency referred to in section 421(e); and
(B) other relevant agencies and entities, as determined
by the Federal Director, including at least 1 representative
of each of—
(i) State and local governmental green building
programs;
(ii) independent green building associations or
councils;
(iii) building experts, including architects, material
suppliers, and construction contractors;
(iv) security advisors focusing on national security
needs, natural disasters, and other dire emergency
situations;
(v) public transportation industry experts; and
(vi) environmental health experts, including those
with experience in children’s health.
(2) NON-FEDERAL MEMBERS.—The total number of non-Federal members on the Committee at any time shall not exceed
15.
(c) MEETINGS.—The Federal Director shall establish a regular
schedule of meetings for the Committee.
(d) DUTIES.—The Committee shall provide advice and expertise
for use by the Federal Director in carrying out the duties under
this subtitle, including such recommendations relating to Federal
activities carried out under sections 434 through 436 as are agreed
to by a majority of the members of the Committee.
(e) FACA EXEMPTION.—The Committee shall not be subject
to section 14 of the Federal Advisory Committee Act (5 U.S.C.
App.).

42 USC 17124.

SEC. 495. ADVISORY COMMITTEE ON ENERGY EFFICIENCY FINANCE.

(a) ESTABLISHMENT.—The Secretary, acting through the Assistant Secretary of Energy for Energy Efficiency and Renewable
Energy, shall establish an Advisory Committee on Energy Efficiency
Finance to provide advice and recommendations to the Department
on energy efficiency finance and investment issues, options, ideas,
and trends, and to assist the energy community in identifying
practical ways of lowering costs and increasing investments in
energy efficiency technologies.
(b) MEMBERSHIP.—The advisory committee established under
this section shall have a balanced membership that shall include
members with expertise in—
(1) availability of seed capital;

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PUBLIC LAW 110–140—DEC. 19, 2007

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(2) availability of venture capital;
(3) availability of other sources of private equity;
(4) investment banking with respect to corporate finance;
(5) investment banking with respect to mergers and acquisitions;
(6) equity capital markets;
(7) debt capital markets;
(8) research analysis;
(9) sales and trading;
(10) commercial lending; and
(11) residential lending.
(c) TERMINATION.—The Advisory Committee on Energy Efficiency Finance shall terminate on the date that is 10 years after
the date of enactment of this Act.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to the Secretary
for carrying out this section.

TITLE V—ENERGY SAVINGS IN GOVERNMENT AND PUBLIC INSTITUTIONS
Subtitle A—United States Capitol Complex
SEC. 501. CAPITOL COMPLEX PHOTOVOLTAIC ROOF FEASIBILITY
STUDIES.

(a) STUDIES.—The Architect of the Capitol may conduct feasibility studies regarding construction of photovoltaic roofs for the
Rayburn House Office Building and the Hart Senate Office Building.
(b) REPORT.—Not later than 6 months after the date of enactment of this Act, the Architect of the Capitol shall transmit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Rules and Administration
of the Senate, a report on the results of the feasibility studies
and recommendations regarding construction of photovoltaic roofs
for the buildings referred to in subsection (a).
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $500,000.
SEC. 502. CAPITOL COMPLEX E–85 REFUELING STATION.

2 USC 2169.

(a) CONSTRUCTION.—The Architect of the Capitol may construct
a fuel tank and pumping system for E–85 fuel at or within close
proximity to the Capitol Grounds Fuel Station.
(b) USE.—The E–85 fuel tank and pumping system shall be
available for use by all legislative branch vehicles capable of operating with E–85 fuel, subject to such other legislative branch agencies reimbursing the Architect of the Capitol for the costs of E–
85 fuel used by such other legislative branch vehicles.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $640,000 for fiscal
year 2008.

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SEC. 503. ENERGY AND ENVIRONMENTAL MEASURES IN CAPITOL COMPLEX MASTER PLAN.

2 USC 1824.

(a) IN GENERAL.—To the maximum extent practicable, the
Architect of the Capitol shall include energy efficiency and conservation measures, greenhouse gas emission reduction measures, and

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121 STAT. 1656

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other appropriate environmental measures in the Capitol Complex
Master Plan.
(b) REPORT.—Not later than 6 months after the date of enactment of this Act, the Architect of the Capitol shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Rules and Administration
of the Senate, a report on the energy efficiency and conservation
measures, greenhouse gas emission reduction measures, and other
appropriate environmental measures included in the Capitol Complex Master Plan pursuant to subsection (a).
2 USC 2162a.

Deadline.

SEC. 504. PROMOTING MAXIMUM EFFICIENCY IN OPERATION OF CAPITOL POWER PLANT.

(a) STEAM BOILERS.—
(1) IN GENERAL.—The Architect of the Capitol shall take
such steps as may be necessary to operate the steam boilers
at the Capitol Power Plant in the most energy efficient manner
possible to minimize carbon emissions and operating costs,
including adjusting steam pressures and adjusting the operation of the boilers to take into account variations in demand,
including seasonality, for the use of the system.
(2) EFFECTIVE DATE.—The Architect shall implement the
steps required under paragraph (1) not later than 30 days
after the date of the enactment of this Act.
(b) CHILLER PLANT.—
(1) IN GENERAL.—The Architect of the Capitol shall take
such steps as may be necessary to operate the chiller plant
at the Capitol Power Plant in the most energy efficient manner
possible to minimize carbon emissions and operating costs,
including adjusting water temperatures and adjusting the operation of the chillers to take into account variations in demand,
including seasonality, for the use of the system.
(2) EFFECTIVE DATE.—The Architect shall implement the
steps required under paragraph (1) not later than 30 days
after the date of the enactment of this Act.
(c) METERS.—Not later than 90 days after the date of the
enactment of this Act, the Architect of the Capitol shall evaluate
the accuracy of the meters in use at the Capitol Power Plant
and correct them as necessary.
(d) REPORT ON IMPLEMENTATION.—Not later than 180 days
after the date of the enactment of this Act, the Architect of the
Capitol shall complete the implementation of the requirements of
this section and submit a report describing the actions taken and
the energy efficiencies achieved to the Committee on Transportation
and Infrastructure of the House of Representatives, the Committee
on Commerce, Science, and Transportation of the Senate, the Committee on House Administration of the House of Representatives,
and the Committee on Rules and Administration of the Senate.

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SEC. 505. CAPITOL POWER PLANT CARBON DIOXIDE EMISSIONS FEASIBILITY STUDY AND DEMONSTRATION PROJECTS.

The first section of the Act of March 4, 1911 (2 U.S.C. 2162;
36 Stat. 1414, chapter 285) is amended in the seventh undesignated
paragraph (relating to the Capitol Power Plant) under the heading
‘‘Public Buildings’’, under the heading ‘‘Under the Department of
Interior’’—
(1) by striking ‘‘ninety thousand dollars:’’ and inserting
$90,000.’’; and

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121 STAT. 1657

(2) by striking ‘‘Provided, That hereafter the’’ and all that
follows through the end of the proviso and inserting the following:
‘‘(a) DESIGNATION.—The heating, lighting, and power plant constructed under the terms of the Act approved April 28, 1904 (33
Stat. 479, chapter 1762) shall be known as the ‘Capitol Power
Plant’.
‘‘(b) DEFINITION.—In this section, the term ‘carbon dioxide
energy efficiency’ means the quantity of electricity used to power
equipment for carbon dioxide capture and storage or use.
‘‘(c) FEASIBILITY STUDY.—The Architect of the Capitol shall
conduct a feasibility study evaluating the available methods to
capture, store, and use carbon dioxide emitted from the Capitol
Power Plant as a result of burning fossil fuels. In carrying out
the feasibility study, the Architect of the Capitol is encouraged
to consult with individuals with expertise in carbon capture and
storage or use, including experts with the Environmental Protection
Agency, Department of Energy, academic institutions, non-profit
organizations, and industry, as appropriate. The study shall consider—
‘‘(1) the availability of technologies to capture and store
or use Capitol Power Plant carbon dioxide emissions;
‘‘(2) strategies to conserve energy and reduce carbon dioxide
emissions at the Capitol Power Plant; and
‘‘(3) other factors as determined by the Architect of the
Capitol.
‘‘(d) DEMONSTRATION PROJECTS.—
‘‘(1) IN GENERAL.—If the feasibility study determines that
a demonstration project to capture and store or use Capitol
Power Plant carbon dioxide emissions is technologically feasible
and economically justified (including direct and indirect economic and environmental benefits), the Architect of the Capitol
may conduct 1 or more demonstration projects to capture and
store or use carbon dioxide emitted from the Capitol Power
Plant as a result of burning fossil fuels.
‘‘(2) FACTORS FOR CONSIDERATION.—In carrying out such
demonstration projects, the Architect of the Capitol shall consider—
‘‘(A) the amount of Capitol Power Plant carbon dioxide
emissions to be captured and stored or used;
‘‘(B) whether the proposed project is able to reduce
air pollutants other than carbon dioxide;
‘‘(C) the carbon dioxide energy efficiency of the proposed project;
‘‘(D) whether the proposed project is able to use carbon
dioxide emissions;
‘‘(E) whether the proposed project could be expanded
to significantly increase the amount of Capitol Power Plant
carbon dioxide emissions to be captured and stored or
used;
‘‘(F) the potential environmental, energy, and educational benefits of demonstrating the capture and storage
or use of carbon dioxide at the U.S. Capitol; and
‘‘(G) other factors as determined by the Architect of
the Capitol.

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‘‘(3) TERMS AND CONDITIONS.—A demonstration project
funded under this section shall be subject to such terms and
conditions as the Architect of the Capitol may prescribe.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out the feasibility study and demonstration project $3,000,000. Such sums shall remain available until
expended.’’.

Subtitle B—Energy Savings Performance
Contracting
SEC. 511. AUTHORITY TO ENTER INTO CONTRACTS; REPORTS.

(a) IN GENERAL.—Section 801(a)(2)(D) of the National Energy
Conservation Policy Act (42 U.S.C. 8287(a)(2)(D)) is amended—
(1) in clause (ii), by inserting ‘‘and’’ after the semicolon
at the end;
(2) by striking clause (iii); and
(3) by redesignating clause (iv) as clause (iii).
(b) REPORTS.—Section 548(a)(2) of the National Energy Conservation Policy Act (42 U.S.C. 8258(a)(2)) is amended by inserting
‘‘and any termination penalty exposure’’ after ‘‘the energy and cost
savings that have resulted from such contracts’’.
(c) CONFORMING AMENDMENT.—Section 2913 of title 10, United
States Code, is amended by striking subsection (e).
SEC. 512. FINANCING FLEXIBILITY.

Section 801(a)(2) of the National Energy Conservation Policy
Act (42 U.S.C. 8287(a)(2)) is amended by adding at the end the
following:
‘‘(E) FUNDING OPTIONS.—In carrying out a contract
under this title, a Federal agency may use any combination
of—
‘‘(i) appropriated funds; and
‘‘(ii) private financing under an energy savings
performance contract.’’.

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SEC. 513. PROMOTING LONG-TERM ENERGY SAVINGS PERFORMANCE
CONTRACTS AND VERIFYING SAVINGS.

Section 801(a)(2) of the National Energy Conservation Policy
Act (42 U.S.C. 8287(a)(2)) (as amended by section 512) is amended—
(1) in subparagraph (D), by inserting ‘‘beginning on the
date of the delivery order’’ after ‘‘25 years’’; and
(2) by adding at the end the following:
‘‘(F) PROMOTION OF CONTRACTS.—In carrying out this
section, a Federal agency shall not—
‘‘(i) establish a Federal agency policy that limits
the maximum contract term under subparagraph (D)
to a period shorter than 25 years; or
‘‘(ii) limit the total amount of obligations under
energy savings performance contracts or other private
financing of energy savings measures.
‘‘(G) MEASUREMENT AND VERIFICATION REQUIREMENTS
FOR PRIVATE FINANCING.—
‘‘(i) IN GENERAL.—In the case of energy savings
performance contracts, the evaluations and savings

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121 STAT. 1659

measurement and verification required under paragraphs (2) and (4) of section 543(f) shall be used by
a Federal agency to meet the requirements for the
need for energy audits, calculation of energy savings,
and any other evaluation of costs and savings needed
to implement the guarantee of savings under this section.
‘‘(ii) MODIFICATION OF EXISTING CONTRACTS.—Not
later than 18 months after the date of enactment of
this subparagraph, each Federal agency shall, to the
maximum extent practicable, modify any indefinite
delivery and indefinite quantity energy savings
performance contracts, and other indefinite delivery
and indefinite quantity contracts using private
financing, to conform to the amendments made by
subtitle B of title V of the Energy Independence and
Security Act of 2007.’’.

Deadline.

SEC. 514. PERMANENT REAUTHORIZATION.

Section 801 of the National Energy Conservation Policy Act
(42 U.S.C. 8287) is amended by striking subsection (c).
SEC. 515. DEFINITION OF ENERGY SAVINGS.

Section 804(2) of the National Energy Conservation Policy Act
(42 U.S.C. 8287c(2)) is amended—
(1) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively, and indenting appropriately;
(2) by striking ‘‘means a reduction’’ and inserting ‘‘means—
‘‘(A) a reduction’’;
(3) by striking the period at the end and inserting a semicolon; and
(4) by adding at the end the following:
‘‘(B) the increased efficient use of an existing energy
source by cogeneration or heat recovery;
‘‘(C) if otherwise authorized by Federal or State law
(including regulations), the sale or transfer of electrical
or thermal energy generated on-site from renewable energy
sources or cogeneration, but in excess of Federal needs,
to utilities or non-Federal energy users; and
‘‘(D) the increased efficient use of existing water
sources in interior or exterior applications.’’.
SEC. 516. RETENTION OF SAVINGS.

Section 546(c) of the National Energy Conservation Policy Act
(42 U.S.C. 8256(c)) is amended by striking paragraph (5).

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SEC. 517. TRAINING FEDERAL CONTRACTING OFFICERS TO NEGOTIATE ENERGY EFFICIENCY CONTRACTS.

42 USC 17131.

(a) PROGRAM.—The Secretary shall create and administer in
the Federal Energy Management Program a training program to
educate Federal contract negotiation and contract management personnel so that the contract officers are prepared to—
(1) negotiate energy savings performance contracts;
(2) conclude effective and timely contracts for energy efficiency services with all companies offering energy efficiency
services; and

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121 STAT. 1660

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(3) review Federal contracts for all products and services
for the potential energy efficiency opportunities and implications of the contracts.
(b) SCHEDULE.—Not later than 1 year after the date of enactment of this Act, the Secretary shall plan, staff, announce, and
begin training under the Federal Energy Management Program.
(c) PERSONNEL TO BE TRAINED.—Personnel appropriate to
receive training under the Federal Energy Management Program
shall be selected by and sent for the training from—
(1) the Department of Defense;
(2) the Department of Veterans Affairs;
(3) the Department;
(4) the General Services Administration;
(5) the Department of Housing and Urban Development;
(6) the United States Postal Service; and
(7) all other Federal agencies and departments that enter
contracts for buildings, building services, electricity and electricity services, natural gas and natural gas services, heating
and air conditioning services, building fuel purchases, and other
types of procurement or service contracts determined by the
Secretary, in carrying out the Federal Energy Management
Program, to offer the potential for energy savings and greenhouse gas emission reductions if negotiated with taking into
account those goals.
(d) TRAINERS.—Training under the Federal Energy Management Program may be conducted by—
(1) attorneys or contract officers with experience in negotiating and managing contracts described in subsection (c)(7)
from any agency, except that the Secretary shall reimburse
the related salaries and expenses of the attorneys or contract
officers from amounts made available for carrying out this
section to the extent the attorneys or contract officers are
not employees of the Department; and
(2) private experts hired by the Secretary for the purposes
of this section, except that the Secretary may not hire experts
who are simultaneously employed by any company under contract to provide energy efficiency services to the Federal Government.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary to carry out this section $750,000
for each of fiscal years 2008 through 2012.

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SEC. 518. STUDY OF ENERGY AND COST SAVINGS IN NONBUILDING
APPLICATIONS.

(a) DEFINITIONS.—In this section:
(1) NONBUILDING APPLICATION.—The term ‘‘nonbuilding
application’’ means—
(A) any class of vehicles, devices, or equipment that
is transportable under the power of the applicable vehicle,
device, or equipment by land, sea, or air and that consumes
energy from any fuel source for the purpose of—
(i) that transportation; or
(ii) maintaining a controlled environment within
the vehicle, device, or equipment; and
(B) any federally-owned equipment used to generate
electricity or transport water.
(2) SECONDARY SAVINGS.—

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(A) IN GENERAL.—The term ‘‘secondary savings’’ means
additional energy or cost savings that are a direct consequence of the energy savings that result from the energy
efficiency improvements that were financed and implemented pursuant to an energy savings performance contract.
(B) INCLUSIONS.—The term ‘‘secondary savings’’
includes—
(i) energy and cost savings that result from a
reduction in the need for fuel delivery and logistical
support;
(ii) personnel cost savings and environmental benefits; and
(iii) in the case of electric generation equipment,
the benefits of increased efficiency in the production
of electricity, including revenues received by the Federal Government from the sale of electricity so produced.
(b) STUDY.—
(1) IN GENERAL.—As soon as practicable after the date
of enactment of this Act, the Secretary and the Secretary of
Defense shall jointly conduct, and submit to Congress and
the President, a report of, a study of the potential for the
use of energy savings performance contracts to reduce energy
consumption and provide energy and cost savings in nonbuilding applications.
(2) REQUIREMENTS.—The study under this subsection shall
include—
(A) an estimate of the potential energy and cost savings
to the Federal Government, including secondary savings
and benefits, from increased efficiency in nonbuilding
applications;
(B) an assessment of the feasibility of extending the
use of energy savings performance contracts to nonbuilding
applications, including an identification of any regulatory
or statutory barriers to that use; and
(C) such recommendations as the Secretary and the
Secretary of Defense determine to be appropriate.

Reports.

Subtitle C—Energy Efficiency in Federal
Agencies

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SEC. 521. INSTALLATION OF PHOTOVOLTAIC SYSTEM AT DEPARTMENT
OF ENERGY HEADQUARTERS BUILDING.

(a) IN GENERAL.—The Administrator of General Services shall
install a photovoltaic system, as set forth in the Sun Wall Design
Project, for the headquarters building of the Department located
at 1000 Independence Avenue, SW., Washington, DC, commonly
known as the Forrestal Building.
(b) FUNDING.—There shall be available from the Federal
Buildings Fund established by section 592 of title 40, United States
Code, $30,000,000 to carry out this section. Such sums shall be
derived from the unobligated balance of amounts made available
from the Fund for fiscal year 2007, and prior fiscal years, for
repairs and alternations and other activities (excluding amounts

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121 STAT. 1662

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made available for the energy program). Such sums shall remain
available until expended.
42 USC 17141.

SEC. 522. PROHIBITION ON INCANDESCENT LAMPS BY COAST GUARD.

Effective date.

(a) PROHIBITION.—Except as provided by subsection (b), on and
after January 1, 2009, a general service incandescent lamp shall
not be purchased or installed in a Coast Guard facility by or
on behalf of the Coast Guard.
(b) EXCEPTION.—A general service incandescent lamp may be
purchased, installed, and used in a Coast Guard facility whenever
the application of a general service incandescent lamp is—
(1) necessary due to purpose or design, including medical,
security, and industrial applications;
(2) reasonable due to the architectural or historical value
of a light fixture installed before January 1, 2009; or
(3) the Commandant of the Coast Guard determines that
operational requirements necessitate the use of a general
service incandescent lamp.
(c) LIMITATION.—In this section, the term ‘‘facility’’ does not
include a vessel or aircraft of the Coast Guard.
SEC. 523. STANDARD RELATING TO SOLAR HOT WATER HEATERS.

Section 305(a)(3)(A) of the Energy Conservation and Production
Act (42 U.S.C. 6834(a)(3)(A)) is amended—
(1) in clause (i)(II), by striking ‘‘and’’ at the end;
(2) in clause (ii), by striking the period at the end and
inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(iii) if lifecycle cost-effective, as compared to other
reasonably available technologies, not less than 30 percent of the hot water demand for each new Federal
building or Federal building undergoing a major renovation be met through the installation and use of
solar hot water heaters.’’.

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SEC. 524. FEDERALLY-PROCURED APPLIANCES WITH STANDBY POWER.

Section 553 of the National Energy Conservation Policy Act
(42 U.S.C. 8259b) is amended—
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
‘‘(e) FEDERALLY-PROCURED APPLIANCES WITH STANDBY
POWER.—
‘‘(1) DEFINITION OF ELIGIBLE PRODUCT.—In this subsection,
the term ‘eligible product’ means a commercially available,
off-the-shelf product that—
‘‘(A)(i) uses external standby power devices; or
‘‘(ii) contains an internal standby power function; and
‘‘(B) is included on the list compiled under paragraph
(4).
‘‘(2) FEDERAL PURCHASING REQUIREMENT.—Subject to paragraph (3), if an agency purchases an eligible product, the agency
shall purchase—
‘‘(A) an eligible product that uses not more than 1
watt in the standby power consuming mode of the eligible
product; or
‘‘(B) if an eligible product described in subparagraph
(A) is not available, the eligible product with the lowest

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1663

available standby power wattage in the standby power
consuming mode of the eligible product.
‘‘(3) LIMITATION.—The requirements of paragraph (2) shall
apply to a purchase by an agency only if—
‘‘(A) the lower-wattage eligible product is—
‘‘(i) lifecycle cost-effective; and
‘‘(ii) practicable; and
‘‘(B) the utility and performance of the eligible product
is not compromised by the lower wattage requirement.
‘‘(4) ELIGIBLE PRODUCTS.—The Secretary, in consultation
with the Secretary of Defense, the Administrator of the
Environmental Protection Agency, and the Administrator of
General Services, shall compile a publicly accessible list of
cost-effective eligible products that shall be subject to the purchasing requirements of paragraph (2).’’.

Records.

SEC. 525. FEDERAL PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.

(a) AMENDMENTS.—Section 553 of the National Energy Conservation Policy Act (42 U.S.C. 8259b) is amended—
(1) in subsection (b)(1), by inserting ‘‘in a product category
covered by the Energy Star program or the Federal Energy
Management Program for designated products’’ after ‘‘energy
consuming product’’; and
(2) in the second sentence of subsection (c)—
(A) by inserting ‘‘list in their catalogues, represent
as available, and’’ after ‘‘Logistics Agency shall’’; and
(B) by striking ‘‘where the agency’’ and inserting ‘‘in
which the head of the agency’’.
(b) CATALOGUE LISTING DEADLINE.—Not later than 9 months
after the date of enactment of this Act, the General Services
Administration and the Defense Logistics Agency shall ensure that
the requirement established by the amendment made by subsection
(a)(2)(A) has been fully complied with.
SEC. 526. PROCUREMENT AND ACQUISITION OF ALTERNATIVE FUELS.

42 USC 8259b
note.

42 USC 17142.

No Federal agency shall enter into a contract for procurement
of an alternative or synthetic fuel, including a fuel produced from
nonconventional petroleum sources, for any mobility-related use,
other than for research or testing, unless the contract specifies
that the lifecycle greenhouse gas emissions associated with the
production and combustion of the fuel supplied under the contract
must, on an ongoing basis, be less than or equal to such emissions
from the equivalent conventional fuel produced from conventional
petroleum sources.

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SEC. 527. GOVERNMENT EFFICIENCY STATUS REPORTS.

42 USC 17143.

(a) IN GENERAL.—Each Federal agency subject to any of the
requirements of this title or the amendments made by this title
shall compile and submit to the Director of the Office of Management and Budget an annual Government efficiency status report
on—
(1) compliance by the agency with each of the requirements
of this title and the amendments made by this title;
(2) the status of the implementation by the agency of
initiatives to improve energy efficiency, reduce energy costs,
and reduce emissions of greenhouse gases; and

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121 STAT. 1664

PUBLIC LAW 110–140—DEC. 19, 2007
(3) savings to the taxpayers of the United States resulting
from mandated improvements under this title and the amendments made by this title.
(b) SUBMISSION.—The report shall be submitted—
(1) to the Director at such time as the Director requires;
(2) in electronic, not paper, format; and
(3) consistent with related reporting requirements.

42 USC 17144.

SEC. 528. OMB GOVERNMENT EFFICIENCY REPORTS AND SCORECARDS.

(a) REPORTS.—Not later than April 1 of each year, the Director
of the Office of Management and Budget shall submit an annual
Government efficiency report to the Committee on Oversight and
Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate, which shall contain—
(1) a summary of the information reported by agencies
under section 527;
(2) an evaluation of the overall progress of the Federal
Government toward achieving the goals of this title and the
amendments made by this title; and
(3) recommendations for additional actions necessary to
meet the goals of this title and the amendments made by
this title.
(b) SCORECARDS.—The Director of the Office of Management
and Budget shall include in any annual energy scorecard the
Director is otherwise required to submit a description of the compliance of each agency with the requirements of this title and the
amendments made by this title.
SEC. 529. ELECTRICITY SECTOR DEMAND RESPONSE.

(a) IN GENERAL.—Title V of the National Energy Conservation
Policy Act (42 U.S.C. 8241 et seq.) is amended by adding at the
end the following:

‘‘PART 5—PEAK DEMAND REDUCTION

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42 USC 8279.

‘‘SEC. 571. NATIONAL ACTION PLAN FOR DEMAND RESPONSE.

‘‘(a) NATIONAL ASSESSMENT AND REPORT.—The Federal Energy
Regulatory Commission (‘Commission’) shall conduct a National
Assessment of Demand Response. The Commission shall, within
18 months of the date of enactment of this part, submit a report
to Congress that includes each of the following:
‘‘(1) Estimation of nationwide demand response potential
in 5 and 10 year horizons, including data on a State-by-State
basis, and a methodology for updates of such estimates on
an annual basis.
‘‘(2) Estimation of how much of this potential can be
achieved within 5 and 10 years after the enactment of this
part accompanied by specific policy recommendations that if
implemented can achieve the estimated potential. Such recommendations shall include options for funding and/or incentives for the development of demand response resources.
‘‘(3) The Commission shall further note any barriers to
demand response programs offering flexible, non-discriminatory, and fairly compensatory terms for the services and benefits
made available, and shall provide recommendations for overcoming such barriers.

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121 STAT. 1665

‘‘(4) The Commission shall seek to take advantage of preexisting research and ongoing work, and shall insure that there
is no duplication of effort.
‘‘(b) NATIONAL ACTION PLAN ON DEMAND RESPONSE.—The
Commission shall further develop a National Action Plan on
Demand Response, soliciting and accepting input and participation
from a broad range of industry stakeholders, State regulatory utility
commissioners, and non-governmental groups. The Commission
shall seek consensus where possible, and decide on optimum solutions to issues that defy consensus. Such Plan shall be completed
within 1 year after the completion of the National Assessment
of Demand Response, and shall meet each of the following objectives:
‘‘(1) Identification of requirements for technical assistance
to States to allow them to maximize the amount of demand
response resources that can be developed and deployed.
‘‘(2) Design and identification of requirements for
implementation of a national communications program that
includes broad-based customer education and support.
‘‘(3) Development or identification of analytical tools,
information, model regulatory provisions, model contracts, and
other support materials for use by customers, States, utilities
and demand response providers.
‘‘(c) Upon completion, the National Action Plan on Demand
Response shall be published, together with any favorable and dissenting comments submitted by participants in its preparation.
Six months after publication, the Commission, together with the
Secretary of Energy, shall submit to Congress a proposal to implement the Action Plan, including specific proposed assignments of
responsibility, proposed budget amounts, and any agreements
secured for participation from State and other participants.
‘‘(d) AUTHORIZATION.—There are authorized to be appropriated
to the Commission to carry out this section not more than
$10,000,000 for each of the fiscal years 2008, 2009, and 2010.’’.
(b) TABLE OF CONTENTS.—The table of contents for the National
Energy Conservation Policy Act (42 U.S.C. 8201 note) is amended
by adding after the items relating to part 4 of title V the following:

Publication.

Deadline.
Proposal.

‘‘PART 5—PEAK DEMAND REDUCTION
‘‘Sec. 571. National Action Plan for Demand Response.’’.

Subtitle D—Energy Efficiency of Public
Institutions
SEC. 531. REAUTHORIZATION OF STATE ENERGY PROGRAMS.

Section 365(f) of the Energy Policy and Conservation Act (42
U.S.C. 6325(f)) is amended by striking ‘‘$100,000,000 for each of
the fiscal years 2006 and 2007 and $125,000,000 for fiscal year
2008’’ and inserting ‘‘$125,000,000 for each of fiscal years 2007
through 2012’’.

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SEC. 532. UTILITY ENERGY EFFICIENCY PROGRAMS.

(a) ELECTRIC UTILITIES.—Section 111(d) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended
by adding at the end the following:
‘‘(16) INTEGRATED RESOURCE PLANNING.—Each electric
utility shall—

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121 STAT. 1666

PUBLIC LAW 110–140—DEC. 19, 2007

‘‘(A) integrate energy efficiency resources into utility,
State, and regional plans; and
‘‘(B) adopt policies establishing cost-effective energy
efficiency as a priority resource.
‘‘(17) RATE DESIGN MODIFICATIONS TO PROMOTE ENERGY
EFFICIENCY INVESTMENTS.—
‘‘(A) IN GENERAL.—The rates allowed to be charged
by any electric utility shall—
‘‘(i) align utility incentives with the delivery of
cost-effective energy efficiency; and
‘‘(ii) promote energy efficiency investments.
‘‘(B) POLICY OPTIONS.—In complying with subparagraph (A), each State regulatory authority and each nonregulated utility shall consider—
‘‘(i) removing the throughput incentive and other
regulatory and management disincentives to energy
efficiency;
‘‘(ii) providing utility incentives for the successful
management of energy efficiency programs;
‘‘(iii) including the impact on adoption of energy
efficiency as 1 of the goals of retail rate design, recognizing that energy efficiency must be balanced with
other objectives;
‘‘(iv) adopting rate designs that encourage energy
efficiency for each customer class;
‘‘(v) allowing timely recovery of energy efficiencyrelated costs; and
‘‘(vi) offering home energy audits, offering demand
response programs, publicizing the financial and
environmental benefits associated with making home
energy efficiency improvements, and educating homeowners about all existing Federal and State incentives,
including the availability of low-cost loans, that make
energy efficiency improvements more affordable.’’.
(b) NATURAL GAS UTILITIES.—Section 303(b) of the Public
Utility Regulatory Policies Act of 1978 (15 U.S.C. 3203(b)) is
amended by adding at the end the following:
‘‘(5) ENERGY EFFICIENCY.—Each natural gas utility shall—
‘‘(A) integrate energy efficiency resources into the plans
and planning processes of the natural gas utility; and
‘‘(B) adopt policies that establish energy efficiency as
a priority resource in the plans and planning processes
of the natural gas utility.
‘‘(6) RATE DESIGN MODIFICATIONS TO PROMOTE ENERGY EFFICIENCY INVESTMENTS.—
‘‘(A) IN GENERAL.—The rates allowed to be charged
by a natural gas utility shall align utility incentives with
the deployment of cost-effective energy efficiency.
‘‘(B) POLICY OPTIONS.—In complying with subparagraph (A), each State regulatory authority and each nonregulated utility shall consider—
‘‘(i) separating fixed-cost revenue recovery from the
volume of transportation or sales service provided to
the customer;
‘‘(ii) providing to utilities incentives for the successful management of energy efficiency programs, such

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as allowing utilities to retain a portion of the costreducing benefits accruing from the programs;
‘‘(iii) promoting the impact on adoption of energy
efficiency as 1 of the goals of retail rate design, recognizing that energy efficiency must be balanced with
other objectives; and
‘‘(iv) adopting rate designs that encourage energy
efficiency for each customer class.
For purposes of applying the provisions of this subtitle
to this paragraph, any reference in this subtitle to the
date of enactment of this Act shall be treated as a reference
to the date of enactment of this paragraph.’’.
(c) CONFORMING AMENDMENT.—Section 303(a) of the Public
Utility Regulatory Policies Act of 1978 (15 U.S.C. 3203(a)) is
amended by striking ‘‘and (4)’’ inserting ‘‘(4), (5), and (6)’’.

Subtitle E—Energy Efficiency and
Conservation Block Grants

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SEC. 541. DEFINITIONS.

42 USC 17151.

In this subtitle:
(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a State;
(B) an eligible unit of local government; and
(C) an Indian tribe.
(2) ELIGIBLE UNIT OF LOCAL GOVERNMENT.—The term
‘‘eligible unit of local government’’ means—
(A) an eligible unit of local government-alternative 1;
and
(B) an eligible unit of local government-alternative 2.
(3)(A) ELIGIBLE UNIT OF LOCAL GOVERNMENT-ALTERNATIVE
1.—The term ‘‘eligible unit of local government-alternative 1’’
means—
(i) a city with a population—
(I) of at least 35,000; or
(II) that causes the city to be 1 of the 10 highestpopulated cities of the State in which the city is located;
and
(ii) a county with a population—
(I) of at least 200,000; or
(II) that causes the county to be 1 of the 10 highestpopulated counties of the State in which the county
is located.
(B) ELIGIBLE UNIT OF LOCAL GOVERNMENT-ALTERNATIVE 2.—
The term ‘‘eligible unit of local government-alternative 2’’
means—
(i) a city with a population of at least 50,000; or
(ii) a county with a population of at least 200,000.
(4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning
given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b).
(5) PROGRAM.—The term ‘‘program’’ means the Energy Efficiency and Conservation Block Grant Program established
under section 542(a).
(6) STATE.—The term ‘‘State’’ means—
(A) a State;

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PUBLIC LAW 110–140—DEC. 19, 2007
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.

42 USC 17152.

SEC. 542. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
PROGRAM.

(a) ESTABLISHMENT.—The Secretary shall establish a program,
to be known as the ‘‘Energy Efficiency and Conservation Block
Grant Program’’, under which the Secretary shall provide grants
to eligible entities in accordance with this subtitle.
(b) PURPOSE.—The purpose of the program shall be to assist
eligible entities in implementing strategies—
(1) to reduce fossil fuel emissions created as a result of
activities within the jurisdictions of eligible entities in a manner
that—
(A) is environmentally sustainable; and
(B) to the maximum extent practicable, maximizes
benefits for local and regional communities;
(2) to reduce the total energy use of the eligible entities;
and
(3) to improve energy efficiency in—
(A) the transportation sector;
(B) the building sector; and
(C) other appropriate sectors.

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42 USC 17153.

SEC. 543. ALLOCATION OF FUNDS.

(a) IN GENERAL.—Of amounts made available to provide grants
under this subtitle for each fiscal year, the Secretary shall allocate—
(1) 68 percent to eligible units of local government in
accordance with subsection (b);
(2) 28 percent to States in accordance with subsection
(c);
(3) 2 percent to Indian tribes in accordance with subsection
(d); and
(4) 2 percent for competitive grants under section 546.
(b) ELIGIBLE UNITS OF LOCAL GOVERNMENT.—Of amounts available for distribution to eligible units of local government under
subsection (a)(1), the Secretary shall provide grants to eligible units
of local government under this section based on a formula established by the Secretary according to—
(1) the populations served by the eligible units of local
government, according to the latest available decennial census;
and
(2) the daytime populations of the eligible units of local
government and other similar factors (such as square footage
of commercial, office, and industrial space), as determined by
the Secretary.
(c) STATES.—Of amounts available for distribution to States
under subsection (a)(2), the Secretary shall provide—
(1) not less than 1.25 percent to each State; and
(2) the remainder among the States, based on a formula
to be established by the Secretary that takes into account—
(A) the population of each State; and
(B) any other criteria that the Secretary determines
to be appropriate.
(d) INDIAN TRIBES.—Of amounts available for distribution to
Indian tribes under subsection (a)(3), the Secretary shall establish

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1669

a formula for allocation of the amounts to Indian tribes, taking
into account any factors that the Secretary determines to be appropriate.
(e) PUBLICATION OF ALLOCATION FORMULAS.—Not later than
90 days before the beginning of each fiscal year for which grants
are provided under this subtitle, the Secretary shall publish in
the Federal Register the formulas for allocation established under
this section.
(f) STATE AND LOCAL ADVISORY COMMITTEE.—The Secretary
shall establish a State and local advisory committee to advise
the Secretary regarding administration, implementation, and
evaluation of the program.

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SEC. 544. USE OF FUNDS.

Deadline.
Federal Register,
publication.

Establishment.

42 USC 17154.

An eligible entity may use a grant received under this subtitle
to carry out activities to achieve the purposes of the program,
including—
(1) development and implementation of an energy efficiency
and conservation strategy under section 545(b);
(2) retaining technical consultant services to assist the
eligible entity in the development of such a strategy,
including—
(A) formulation of energy efficiency, energy conservation, and energy usage goals;
(B) identification of strategies to achieve those goals—
(i) through efforts to increase energy efficiency and
reduce energy consumption; and
(ii) by encouraging behavioral changes among the
population served by the eligible entity;
(C) development of methods to measure progress in
achieving the goals;
(D) development and publication of annual reports to
the population served by the eligible entity describing—
(i) the strategies and goals; and
(ii) the progress made in achieving the strategies
and goals during the preceding calendar year; and
(E) other services to assist in the implementation of
the energy efficiency and conservation strategy;
(3) conducting residential and commercial building energy
audits;
(4) establishment of financial incentive programs for energy
efficiency improvements;
(5) the provision of grants to nonprofit organizations and
governmental agencies for the purpose of performing energy
efficiency retrofits;
(6) development and implementation of energy efficiency
and conservation programs for buildings and facilities within
the jurisdiction of the eligible entity, including—
(A) design and operation of the programs;
(B) identifying the most effective methods for achieving
maximum participation and efficiency rates;
(C) public education;
(D) measurement and verification protocols; and
(E) identification of energy efficient technologies;
(7) development and implementation of programs to conserve energy used in transportation, including—
(A) use of flex time by employers;

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121 STAT. 1670

PUBLIC LAW 110–140—DEC. 19, 2007
(B) satellite work centers;
(C) development and promotion of zoning guidelines
or requirements that promote energy efficient development;
(D) development of infrastructure, such as bike lanes
and pathways and pedestrian walkways;
(E) synchronization of traffic signals; and
(F) other measures that increase energy efficiency and
decrease energy consumption;
(8) development and implementation of building codes and
inspection services to promote building energy efficiency;
(9) application and implementation of energy distribution
technologies that significantly increase energy efficiency,
including—
(A) distributed resources; and
(B) district heating and cooling systems;
(10) activities to increase participation and efficiency rates
for material conservation programs, including source reduction,
recycling, and recycled content procurement programs that lead
to increases in energy efficiency;
(11) the purchase and implementation of technologies to
reduce, capture, and, to the maximum extent practicable, use
methane and other greenhouse gases generated by landfills
or similar sources;
(12) replacement of traffic signals and street lighting with
energy efficient lighting technologies, including—
(A) light emitting diodes; and
(B) any other technology of equal or greater energy
efficiency;
(13) development, implementation, and installation on or
in any government building of the eligible entity of onsite
renewable energy technology that generates electricity from
renewable resources, including—
(A) solar energy;
(B) wind energy;
(C) fuel cells; and
(D) biomass; and
(14) any other appropriate activity, as determined by the
Secretary, in consultation with—
(A) the Administrator of the Environmental Protection
Agency;
(B) the Secretary of Transportation; and
(C) the Secretary of Housing and Urban Development.

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42 USC 17155.

SEC. 545. REQUIREMENTS FOR ELIGIBLE ENTITIES.

(a) CONSTRUCTION REQUIREMENT.—
(1) IN GENERAL.—To be eligible to receive a grant under
the program, each eligible applicant shall submit to the Secretary a written assurance that all laborers and mechanics
employed by any contractor or subcontractor of the eligible
entity during any construction, alteration, or repair activity
funded, in whole or in part, by the grant shall be paid wages
at rates not less than the prevailing wages for similar construction activities in the locality, as determined by the Secretary
of Labor, in accordance with sections 3141 through 3144, 3146,
and 3147 of title 40, United States Code.

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1671

(2) SECRETARY OF LABOR.—With respect to the labor standards referred to in paragraph (1), the Secretary of Labor shall
have the authority and functions described in—
(A) Reorganization Plan Numbered 14 of 1950 (5 U.S.C.
903 note); and
(B) section 3145 of title 40, United States Code.
(b) ELIGIBLE UNITS OF LOCAL GOVERNMENT AND INDIAN
TRIBES.—
(1) PROPOSED STRATEGY.—
(A) IN GENERAL.—Not later than 1 year after the date
on which an eligible unit of local government or Indian
tribe receives a grant under this subtitle, the eligible unit
of local government or Indian tribe shall submit to the
Secretary a proposed energy efficiency and conservation
strategy in accordance with this paragraph.
(B) INCLUSIONS.—The proposed strategy under
subparagraph (A) shall include—
(i) a description of the goals of the eligible unit
of local government or Indian tribe, in accordance with
the purposes of this subtitle, for increased energy efficiency and conservation in the jurisdiction of the
eligible unit of local government or Indian tribe; and
(ii) a plan for the use of the grant to assist the
eligible unit of local government or Indian tribe in
achieving those goals, in accordance with section 544.
(C) REQUIREMENTS FOR ELIGIBLE UNITS OF LOCAL
GOVERNMENT.—In developing the strategy under subparagraph (A), an eligible unit of local government shall—
(i) take into account any plans for the use of funds
by adjacent eligible units of local governments that
receive grants under the program; and
(ii) coordinate and share information with the
State in which the eligible unit of local government
is located regarding activities carried out using the
grant to maximize the energy efficiency and conservation benefits under this subtitle.
(2) APPROVAL BY SECRETARY.—
(A) IN GENERAL.—The Secretary shall approve or disapprove a proposed strategy under paragraph (1) by not
later than 120 days after the date of submission of the
proposed strategy.
(B) DISAPPROVAL.—If the Secretary disapproves a proposed strategy under subparagraph (A)—
(i) the Secretary shall provide to the eligible unit
of local government or Indian tribe the reasons for
the disapproval; and
(ii) the eligible unit of local government or Indian
tribe may revise and resubmit the proposed strategy
as many times as necessary until the Secretary
approves a proposed strategy.
(C) REQUIREMENT.—The Secretary shall not provide
to an eligible unit of local government or Indian tribe
any grant under the program until a proposed strategy
of the eligible unit of local government or Indian tribe
is approved by the Secretary under this paragraph.
(3) LIMITATIONS ON USE OF FUNDS.—Of amounts provided
to an eligible unit of local government or Indian tribe under

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121 STAT. 1672

the program, an eligible unit of local government or Indian
tribe may use—
(A) for administrative expenses, excluding the cost of
meeting the reporting requirements of this subtitle, an
amount equal to the greater of—
(i) 10 percent; and
(ii) $75,000;
(B) for the establishment of revolving loan funds, an
amount equal to the greater of—
(i) 20 percent; and
(ii) $250,000; and
(C) for the provision of subgrants to nongovernmental
organizations for the purpose of assisting in the
implementation of the energy efficiency and conservation
strategy of the eligible unit of local government or Indian
tribe, an amount equal to the greater of—
(i) 20 percent; and
(ii) $250,000.
(4) ANNUAL REPORT.—Not later than 2 years after the
date on which funds are initially provided to an eligible unit
of local government or Indian tribe under the program, and
annually thereafter, the eligible unit of local government or
Indian tribe shall submit to the Secretary a report describing—
(A) the status of development and implementation of
the energy efficiency and conservation strategy of the
eligible unit of local government or Indian tribe; and
(B) as practicable, an assessment of energy efficiency
gains within the jurisdiction of the eligible unit of local
government or Indian tribe.
(c) STATES.—
(1) DISTRIBUTION OF FUNDS.—
(A) IN GENERAL.—A State that receives a grant under
the program shall use not less than 60 percent of the
amount received to provide subgrants to units of local
government in the State that are not eligible units of
local government.
(B) DEADLINE.—The State shall provide the subgrants
required under subparagraph (A) by not later than 180
days after the date on which the Secretary approves a
proposed energy efficiency and conservation strategy of
the State under paragraph (3).
(2) REVISION OF CONSERVATION PLAN; PROPOSED
STRATEGY.—Not later than 120 days after the date of enactment
of this Act, each State shall—
(A) modify the State energy conservation plan of the
State under section 362 of the Energy Policy and Conservation Act (42 U.S.C. 6322) to establish additional goals for
increased energy efficiency and conservation in the State;
and
(B) submit to the Secretary a proposed energy efficiency
and conservation strategy that—
(i) establishes a process for providing subgrants
as required under paragraph (1); and
(ii) includes a plan of the State for the use of
funds received under the program to assist the State
in achieving the goals established under subparagraph
(A), in accordance with sections 542(b) and 544.

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Deadline.

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1673

(3) APPROVAL BY SECRETARY.—
(A) IN GENERAL.—The Secretary shall approve or disapprove a proposed strategy under paragraph (2)(B) by
not later than 120 days after the date of submission of
the proposed strategy.
(B) DISAPPROVAL.—If the Secretary disapproves a proposed strategy under subparagraph (A)—
(i) the Secretary shall provide to the State the
reasons for the disapproval; and
(ii) the State may revise and resubmit the proposed
strategy as many times as necessary until the Secretary approves a proposed strategy.
(C) REQUIREMENT.—The Secretary shall not provide
to a State any grant under the program until a proposed
strategy of the State is approved by the Secretary under
this paragraph.
(4) LIMITATIONS ON USE OF FUNDS.—A State may use not
more than 10 percent of amounts provided under the program
for administrative expenses.
(5) ANNUAL REPORTS.—Each State that receives a grant
under the program shall submit to the Secretary an annual
report that describes—
(A) the status of development and implementation of
the energy efficiency and conservation strategy of the State
during the preceding calendar year;
(B) the status of the subgrant program of the State
under paragraph (1);
(C) the energy efficiency gains achieved through the
energy efficiency and conservation strategy of the State
during the preceding calendar year; and
(D) specific energy efficiency and conservation goals
of the State for subsequent calendar years.

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SEC. 546. COMPETITIVE GRANTS.

Deadline.

42 USC 17156.

(a) IN GENERAL.—Of the total amount made available for each
fiscal year to carry out this subtitle, the Secretary shall use not
less than 2 percent to provide grants under this section, on a
competitive basis, to—
(1) units of local government (including Indian tribes) that
are not eligible entities; and
(2) consortia of units of local government described in paragraph (1).
(b) APPLICATIONS.—To be eligible to receive a grant under this
section, a unit of local government or consortia shall submit to
the Secretary an application at such time, in such manner, and
containing such information as the Secretary may require, including
a plan of the unit of local government to carry out an activity
described in section 544.
(c) PRIORITY.—In providing grants under this section, the Secretary shall give priority to units of local government—
(1) located in States with populations of less than 2,000,000;
or
(2) that plan to carry out projects that would result in
significant energy efficiency improvements or reductions in
fossil fuel use.

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121 STAT. 1674
42 USC 17157.

PUBLIC LAW 110–140—DEC. 19, 2007

SEC. 547. REVIEW AND EVALUATION.

(a) IN GENERAL.—The Secretary may review and evaluate the
performance of any eligible entity that receives a grant under
the program, including by conducting an audit, as the Secretary
determines to be appropriate.
(b) WITHHOLDING OF FUNDS.—The Secretary may withhold from
an eligible entity any portion of a grant to be provided to the
eligible entity under the program if the Secretary determines that
the eligible entity has failed to achieve compliance with—
(1) any applicable guideline or regulation of the Secretary
relating to the program, including the misuse or misappropriation of funds provided under the program; or
(2) the energy efficiency and conservation strategy of the
eligible entity.
42 USC 17158.

SEC. 548. FUNDING.

(a) AUTHORIZATION OF APPROPRIATIONS.—
(1) GRANTS.—There is authorized to be appropriated to
the Secretary for the provision of grants under the program
$2,000,000,000 for each of fiscal years 2008 through 2012;
provided that 49 percent of the appropriated funds shall be
distributed using the definition of eligible unit of local government-alternative 1 in section 541(3)(A) and 49 percent of the
appropriated funds shall be distributed using the definition
of eligible unit of local government-alternative 2 in section
541(3)(B).
(2) ADMINISTRATIVE COSTS.—There are authorized to be
appropriated to the Secretary for administrative expenses of
the program—
(A) $20,000,000 for each of fiscal years 2008 and 2009;
(B) $25,000,000 for each of fiscal years 2010 and 2011;
and
(C) $30,000,000 for fiscal year 2012.
(b) MAINTENANCE OF FUNDING.—The funding provided under
this section shall supplement (and not supplant) other Federal
funding provided under—
(1) a State energy conservation plan established under
part D of title III of the Energy Policy and Conservation Act
(42 U.S.C. 6321 et seq.); or
(2) the Weatherization Assistance Program for Low-Income
Persons established under part A of title IV of the Energy
Conservation and Production Act (42 U.S.C. 6861 et seq.).

TITLE VI—ACCELERATED RESEARCH
AND DEVELOPMENT
Solar Energy
Research and
Advancement
Act of 2007.
42 USC 17001
note.

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42 USC 17171.

Subtitle A—Solar Energy
SEC. 601. SHORT TITLE.

This subtitle may be cited as the ‘‘Solar Energy Research and
Advancement Act of 2007’’.
SEC. 602. THERMAL ENERGY STORAGE RESEARCH AND DEVELOPMENT
PROGRAM.

(a) ESTABLISHMENT.—The Secretary shall establish a program
of research and development to provide lower cost and more viable

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1675

thermal energy storage technologies to enable the shifting of electric
power loads on demand and extend the operating time of concentrating solar power electric generating plants.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary for carrying out this section
$5,000,000 for fiscal year 2008, $7,000,000 for fiscal year 2009,
$9,000,000 for fiscal year 2010, $10,000,000 for fiscal year 2011,
and $12,000,000 for fiscal year 2012.
SEC. 603. CONCENTRATING SOLAR POWER COMMERCIAL APPLICATION
STUDIES.

Deadlines.
Reports.

(a) INTEGRATION.—The Secretary shall conduct a study on
methods to integrate concentrating solar power and utility-scale
photovoltaic systems into regional electricity transmission systems,
and to identify new transmission or transmission upgrades needed
to bring electricity from high concentrating solar power resource
areas to growing electric power load centers throughout the United
States. The study shall analyze and assess cost-effective approaches
for management and large-scale integration of concentrating solar
power and utility-scale photovoltaic systems into regional electric
transmission grids to improve electric reliability, to efficiently manage load, and to reduce demand on the natural gas transmission
system for electric power. The Secretary shall submit a report
to Congress on the results of this study not later than 12 months
after the date of enactment of this Act.
(b) WATER CONSUMPTION.—Not later than 6 months after the
date of the enactment of this Act, the Secretary of Energy shall
transmit to Congress a report on the results of a study on methods
to reduce the amount of water consumed by concentrating solar
power systems.

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SEC. 604. SOLAR ENERGY CURRICULUM DEVELOPMENT AND CERTIFICATION GRANTS.

42 USC 17172.

(a) ESTABLISHMENT.—The Secretary shall establish in the Office
of Solar Energy Technologies a competitive grant program to create
and strengthen solar industry workforce training and internship
programs in installation, operation, and maintenance of solar energy
products. The goal of this program is to ensure a supply of welltrained individuals to support the expansion of the solar energy
industry.
(b) AUTHORIZED ACTIVITIES.—Grant funds may be used to support the following activities:
(1) Creation and development of a solar energy curriculum
appropriate for the local educational, entrepreneurial, and
environmental conditions, including curriculum for community
colleges.
(2) Support of certification programs for individual solar
energy system installers, instructors, and training programs.
(3) Internship programs that provide hands-on participation by students in commercial applications.
(4) Activities required to obtain certification of training
programs and facilities by an industry-accepted quality-control
certification program.
(5) Incorporation of solar-specific learning modules into
traditional occupational training and internship programs for
construction-related trades.
(6) The purchase of equipment necessary to carry out activities under this section.

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121 STAT. 1676

PUBLIC LAW 110–140—DEC. 19, 2007

(7) Support of programs that provide guidance and updates
to solar energy curriculum instructors.
(c) ADMINISTRATION OF GRANTS.—Grants may be awarded
under this section for up to 3 years. The Secretary shall award
grants to ensure sufficient geographic distribution of training programs nationally. Grants shall only be awarded for programs certified by an industry-accepted quality-control certification institution, or for new and growing programs with a credible path to
certification. Due consideration shall be given to women, underrepresented minorities, and persons with disabilities.
(d) REPORT.—The Secretary shall make public, on the website
of the Department or upon request, information on the name and
institution for all grants awarded under this section, including
a brief description of the project as well as the grant award amount.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary for carrying out this section
$10,000,000 for each of the fiscal years 2008 through 2012.
42 USC 17173.

SEC. 605. DAYLIGHTING SYSTEMS AND DIRECT SOLAR LIGHT PIPE
TECHNOLOGY.

(a) ESTABLISHMENT.—The Secretary shall establish a program
of research and development to provide assistance in the demonstration and commercial application of direct solar renewable energy
sources to provide alternatives to traditional power generation for
lighting and illumination, including light pipe technology, and to
promote greater energy conservation and improved efficiency. All
direct solar renewable energy devices supported under this program
shall have the capability to provide measurable data on the amount
of kilowatt-hours saved over the traditionally powered light sources
they have replaced.
(b) REPORTING.—The Secretary shall transmit to Congress an
annual report assessing the measurable data derived from each
project in the direct solar renewable energy sources program and
the energy savings resulting from its use.
(c) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘direct solar renewable energy’’ means energy
from a device that converts sunlight into useable light within
a building, tunnel, or other enclosed structure, replacing artificial light generated by a light fixture and doing so without
the conversion of the sunlight into another form of energy;
and
(2) the term ‘‘light pipe’’ means a device designed to transport visible solar radiation from its collection point to the
interior of a building while excluding interior heat gain in
the nonheating season.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary for carrying out this section
$3,500,000 for each of the fiscal years 2008 through 2012.

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42 USC 17174.

SEC. 606. SOLAR AIR CONDITIONING RESEARCH AND DEVELOPMENT
PROGRAM.

(a) ESTABLISHMENT.—The Secretary shall establish a research,
development, and demonstration program to promote less costly
and more reliable decentralized distributed solar-powered air conditioning for individuals and businesses.
(b) AUTHORIZED ACTIVITIES.—Grants made available under this
section may be used to support the following activities:

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(1) Advancing solar thermal collectors, including concentrating solar thermal and electric systems, flat plate and evacuated tube collector performance.
(2) Achieving technical and economic integration of solarpowered distributed air-conditioning systems with existing hot
water and storage systems for residential applications.
(3) Designing and demonstrating mass manufacturing capability to reduce costs of modular standardized solar-powered
distributed air conditioning systems and components.
(4) Improving the efficiency of solar-powered distributed
air-conditioning to increase the effectiveness of solar-powered
absorption chillers, solar-driven compressors and condensors,
and cost-effective precooling approaches.
(5) Researching and comparing performance of solar-powered distributed air conditioning systems in different regions
of the country, including potential integration with other onsite
systems, such as solar, biogas, geothermal heat pumps, and
propane assist or combined propane fuel cells, with a goal
to develop site-specific energy production and management systems that ease fuel and peak utility loading.
(c) COST SHARING.—Section 988 of the Energy Policy Act of
2005 (42 U.S.C. 16352) shall apply to a project carried out under
this section.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary for carrying out this section
$2,500,000 for each of the fiscal years 2008 through 2012.

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SEC. 607. PHOTOVOLTAIC DEMONSTRATION PROGRAM.

42 USC 17175.

(a) IN GENERAL.—The Secretary shall establish a program of
grants to States to demonstrate advanced photovoltaic technology.
(b) REQUIREMENTS.—
(1) ABILITY TO MEET REQUIREMENTS.—To receive funding
under the program under this section, a State must submit
a proposal that demonstrates, to the satisfaction of the Secretary, that the State will meet the requirements of subsection
(f).
(2) COMPLIANCE WITH REQUIREMENTS.—If a State has
received funding under this section for the preceding year,
the State must demonstrate, to the satisfaction of the Secretary,
that it complied with the requirements of subsection (f) in
carrying out the program during that preceding year, and that
it will do so in the future, before it can receive further funding
under this section.
(c) COMPETITION.—The Secretary shall award grants on a
competitive basis to the States with the proposals the Secretary
considers most likely to encourage the widespread adoption of photovoltaic technologies. The Secretary shall take into consideration
the geographic distribution of awards.
(d) PROPOSALS.—Not later than 6 months after the date of
enactment of this Act, and in each subsequent fiscal year for the
life of the program, the Secretary shall solicit proposals from the
States to participate in the program under this section.
(e) COMPETITIVE CRITERIA.—In awarding funds in a competitive
allocation under subsection (c), the Secretary shall consider—
(1) the likelihood of a proposal to encourage the demonstration of, or lower the costs of, advanced photovoltaic technologies;
and

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121 STAT. 1678

(2) the extent to which a proposal is likely to—
(A) maximize the amount of photovoltaics demonstrated;
(B) maximize the proportion of non-Federal cost share;
and
(C) limit State administrative costs.
(f) STATE PROGRAM.—A program operated by a State with
funding under this section shall provide competitive awards for
the demonstration of advanced photovoltaic technologies. Each State
program shall—
(1) require a contribution of at least 60 percent per award
from non-Federal sources, which may include any combination
of State, local, and private funds, except that at least 10 percent
of the funding must be supplied by the State;
(2) endeavor to fund recipients in the commercial, industrial, institutional, governmental, and residential sectors;
(3) limit State administrative costs to no more than 10
percent of the grant;
(4) report annually to the Secretary on—
(A) the amount of funds disbursed;
(B) the amount of photovoltaics purchased; and
(C) the results of the monitoring under paragraph (5);
(5) provide for measurement and verification of the output
of a representative sample of the photovoltaics systems demonstrated throughout the average working life of the systems,
or at least 20 years; and
(6) require that applicant buildings must have received
an independent energy efficiency audit during the 6-month
period preceding the filing of the application.
(g) UNEXPENDED FUNDS.—If a State fails to expend any funds
received under this section within 3 years of receipt, such remaining
funds shall be returned to the Treasury.
(h) REPORTS.—The Secretary shall report to Congress 5 years
after funds are first distributed to the States under this section—
(1) the amount of photovoltaics demonstrated;
(2) the number of projects undertaken;
(3) the administrative costs of the program;
(4) the results of the monitoring under subsection (f)(5);
and
(5) the total amount of funds distributed, including a breakdown by State.
(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary for the purposes of carrying
out this section—
(1) $15,000,000 for fiscal year 2008;
(2) $30,000,000 for fiscal year 2009;
(3) $45,000,000 for fiscal year 2010;
(4) $60,000,000 for fiscal year 2011; and
(5) $70,000,000 for fiscal year 2012.

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Reports.

Advanced
Geothermal
Energy Research
and Development
Act of 2007.
42 USC 17001
note.

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PUBLIC LAW 110–140—DEC. 19, 2007

Subtitle B—Geothermal Energy
SEC. 611. SHORT TITLE.

This subtitle may be cited as the ‘‘Advanced Geothermal Energy
Research and Development Act of 2007’’.

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1679

SEC. 612. DEFINITIONS.

42 USC 17191.

For purposes of this subtitle:
(1) ENGINEERED.—When referring to enhanced geothermal
systems, the term ‘‘engineered’’ means subjected to intervention,
including intervention to address one or more of the following
issues:
(A) Lack of effective permeability or porosity or open
fracture connectivity within the reservoir.
(B) Insufficient contained geofluid in the reservoir.
(C) A low average geothermal gradient, which necessitates deeper drilling.
(2) ENHANCED GEOTHERMAL SYSTEMS.—The term ‘‘enhanced
geothermal systems’’ means geothermal reservoir systems that
are engineered, as opposed to occurring naturally.
(3) GEOFLUID.—The term ‘‘geofluid’’ means any fluid used
to extract thermal energy from the Earth which is transported
to the surface for direct use or electric power generation, except
that such term shall not include oil or natural gas.
(4) GEOPRESSURED RESOURCES.—The term ‘‘geopressured
resources’’ mean geothermal deposits found in sedimentary
rocks under higher than normal pressure and saturated with
gas or methane.
(5) GEOTHERMAL.—The term ‘‘geothermal’’ refers to heat
energy stored in the Earth’s crust that can be accessed for
direct use or electric power generation.
(6) HYDROTHERMAL.—The term ‘‘hydrothermal’’ refers to
naturally occurring subsurface reservoirs of hot water or steam.
(7) SYSTEMS APPROACH.—The term ‘‘systems approach’’
means an approach to solving problems or designing systems
that attempts to optimize the performance of the overall system,
rather than a particular component of the system.

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SEC. 613. HYDROTHERMAL RESEARCH AND DEVELOPMENT.

42 USC 17192.

(a) IN GENERAL.—The Secretary shall support programs of
research, development, demonstration, and commercial application
to expand the use of geothermal energy production from hydrothermal systems, including the programs described in subsection
(b).
(b) PROGRAMS.—
(1) ADVANCED HYDROTHERMAL RESOURCE TOOLS.—The Secretary, in consultation with other appropriate agencies, shall
support a program to develop advanced geophysical, geochemical, and geologic tools to assist in locating hidden hydrothermal resources, and to increase the reliability of site
characterization before, during, and after initial drilling. The
program shall develop new prospecting techniques to assist
in prioritization of targets for characterization. The program
shall include a field component.
(2) INDUSTRY COUPLED EXPLORATORY DRILLING.—The Secretary shall support a program of cost-shared field demonstration programs, to be pursued, simultaneously and independently, in collaboration with industry partners, for the demonstration of advanced technologies and techniques of siting
and exploratory drilling for undiscovered resources in a variety
of geologic settings. The program shall include incentives to
encourage the use of advanced technologies and techniques.

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121 STAT. 1680
42 USC 17193.

PUBLIC LAW 110–140—DEC. 19, 2007

SEC. 614. GENERAL GEOTHERMAL SYSTEMS RESEARCH AND DEVELOPMENT.

(a) SUBSURFACE COMPONENTS AND SYSTEMS.—The Secretary
shall support a program of research, development, demonstration,
and commercial application of components and systems capable
of withstanding extreme geothermal environments and necessary
to cost-effectively develop, produce, and monitor geothermal reservoirs and produce geothermal energy. These components and
systems shall include advanced casing systems (expandable tubular
casing, low-clearance casing designs, and others), high-temperature
cements, high-temperature submersible pumps, and high-temperature packers, as well as technologies for under-reaming, multilateral
completions, high-temperature and high-pressure logging, logging
while drilling, deep fracture stimulation, and reservoir system
diagnostics.
(b) RESERVOIR PERFORMANCE MODELING.—The Secretary shall
support a program of research, development, demonstration, and
commercial application of models of geothermal reservoir performance, with an emphasis on accurately modeling performance over
time. Models shall be developed to assist both in the development
of geothermal reservoirs and to more accurately account for stressrelated effects in stimulated hydrothermal and enhanced geothermal systems production environments.
(c) ENVIRONMENTAL IMPACTS.—The Secretary shall—
(1) support a program of research, development, demonstration, and commercial application of technologies and practices
designed to mitigate or preclude potential adverse environmental impacts of geothermal energy development, production
or use, and seek to ensure that geothermal energy development
is consistent with the highest practicable standards of environmental stewardship;
(2) in conjunction with the Assistant Administrator for
Research and Development at the Environmental Protection
Agency, support a research program to identify potential
environmental impacts of geothermal energy development,
production, and use, and ensure that the program described
in paragraph (1) addresses such impacts, including effects on
groundwater and local hydrology; and
(3) support a program of research to compare the potential
environmental impacts identified as part of the development,
production, and use of geothermal energy with the potential
emission reductions of greenhouse gases gained by geothermal
energy development, production, and use.

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42 USC 17194.

SEC.

615.

ENHANCED GEOTHERMAL
DEVELOPMENT.

SYSTEMS

RESEARCH

AND

(a) IN GENERAL.—The Secretary shall support a program of
research, development, demonstration, and commercial application
for enhanced geothermal systems, including the programs described
in subsection (b).
(b) PROGRAMS.—
(1) ENHANCED GEOTHERMAL SYSTEMS TECHNOLOGIES.—The
Secretary shall support a program of research, development,
demonstration, and commercial application of the technologies
and knowledge necessary for enhanced geothermal systems to
advance to a state of commercial readiness, including advances
in—

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1681

(A) reservoir stimulation;
(B) reservoir characterization, monitoring, and modeling;
(C) stress mapping;
(D) tracer development;
(E) three-dimensional tomography; and
(F) understanding seismic effects of reservoir
engineering and stimulation.
(2) ENHANCED GEOTHERMAL SYSTEMS RESERVOIR STIMULATION.—
(A) PROGRAM.—In collaboration with industry partners,
the Secretary shall support a program of research, development, and demonstration of enhanced geothermal systems
reservoir stimulation technologies and techniques. A minimum of 4 sites shall be selected in locations that show
particular promise for enhanced geothermal systems
development. Each site shall—
(i) represent a different class of subsurface geologic
environments; and
(ii) take advantage of an existing site where subsurface characterization has been conducted or existing
drill holes can be utilized, if possible.
(B) CONSIDERATION OF EXISTING SITE.—The Desert
Peak, Nevada, site, where a Department of Energy and
industry cooperative enhanced geothermal systems project
is already underway, may be considered for inclusion
among the sites selected under subparagraph (A).

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SEC. 616. GEOTHERMAL ENERGY PRODUCTION FROM OIL AND GAS
FIELDS
AND
RECOVERY
AND
PRODUCTION
OF
GEOPRESSURED GAS RESOURCES.

(a) IN GENERAL.—The Secretary shall establish a program of
research, development, demonstration, and commercial application
to support development of geothermal energy production from oil
and gas fields and production and recovery of energy, including
electricity, from geopressured resources. In addition, the Secretary
shall conduct such supporting activities including research, resource
characterization, and technology development as necessary.
(b) GEOTHERMAL ENERGY PRODUCTION FROM OIL AND GAS
FIELDS.—The Secretary shall implement a grant program in support
of geothermal energy production from oil and gas fields. The program shall include grants for a total of not less than three demonstration projects of the use of geothermal techniques such as
advanced organic rankine cycle systems at marginal, unproductive,
and productive oil and gas wells. The Secretary shall, to the extent
practicable and in the public interest, make awards that—
(1) include not less than five oil or gas well sites per
project award;
(2) use a range of oil or gas well hot water source temperatures from 150 degrees Fahrenheit to 300 degrees Fahrenheit;
(3) cover a range of sizes up to one megawatt;
(4) are located at a range of sites;
(5) can be replicated at a wide range of sites;
(6) facilitate identification of optimum techniques among
competing alternatives;

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42 USC 17195.

Grants.

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121 STAT. 1682

(7) include business commercialization plans that have the
potential for production of equipment at high volumes and
operation and support at a large number of sites; and
(8) satisfy other criteria that the Secretary determines
are necessary to carry out the program and collect necessary
data and information.
The Secretary shall give preference to assessments that address
multiple elements contained in paragraphs (1) through (8).
(c) GRANT AWARDS.—Each grant award for demonstration of
geothermal technology such as advanced organic rankine cycle systems at oil and gas wells made by the Secretary under subsection
(b) shall include—
(1) necessary and appropriate site engineering study;
(2) detailed economic assessment of site specific conditions;
(3) appropriate feasibility studies to determine whether
the demonstration can be replicated;
(4) design or adaptation of existing technology for site
specific circumstances or conditions;
(5) installation of equipment, service, and support;
(6) operation for a minimum of 1 year and monitoring
for the duration of the demonstration; and
(7) validation of technical and economic assumptions and
documentation of lessons learned.
(d) GEOPRESSURED GAS RESOURCE RECOVERY AND PRODUCTION.—(1) The Secretary shall implement a program to support
the research, development, demonstration, and commercial application of cost-effective techniques to produce energy from geopressured
resources.
(2) The Secretary shall solicit preliminary engineering designs
for geopressured resources production and recovery facilities.
(3) Based upon a review of the preliminary designs, the Secretary shall award grants, which may be cost-shared, to support
the detailed development and completion of engineering, architectural and technical plans needed to support construction of new
designs.
(4) Based upon a review of the final design plans above, the
Secretary shall award cost-shared development and construction
grants for demonstration geopressured production facilities that
show potential for economic recovery of the heat, kinetic energy
and gas resources from geopressured resources.
(e) COMPETITIVE GRANT SELECTION.—Not less than 90 days
after the date of the enactment of this Act, the Secretary shall
conduct a national solicitation for applications for grants under
the programs outlined in subsections (b) and (d). Grant recipients
shall be selected on a competitive basis based on criteria in the
respective subsection.
(f) WELL DRILLING.—No funds may be used under this section
for the purpose of drilling new wells.

Deadline.

42 USC 17196.

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PUBLIC LAW 110–140—DEC. 19, 2007

SEC. 617. COST SHARING AND PROPOSAL EVALUATION.

(a) FEDERAL SHARE.—The Federal share of costs of projects
funded under this subtitle shall be in accordance with section
988 of the Energy Policy Act of 2005.
(b) ORGANIZATION AND ADMINISTRATION OF PROGRAMS.—Programs under this subtitle shall incorporate the following elements:
(1) The Secretary shall coordinate with, and where appropriate may provide funds in furtherance of the purposes of

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1683

this subtitle to, other Department of Energy research and
development programs focused on drilling, subsurface
characterization, and other related technologies.
(2) In evaluating proposals, the Secretary shall give priority
to proposals that demonstrate clear evidence of employing a
systems approach.
(3) The Secretary shall coordinate and consult with the
appropriate Federal land management agencies in selecting
proposals for funding under this subtitle.
(4) Nothing in this subtitle shall be construed to alter
or affect any law relating to the management or protection
of Federal lands.
SEC. 618. CENTER FOR GEOTHERMAL TECHNOLOGY TRANSFER.

42 USC 17197.

(a) IN GENERAL.—The Secretary shall award to an institution
of higher education (or consortium thereof) a grant to establish
a Center for Geothermal Technology Transfer (referred to in this
section as the ‘‘Center’’).
(b) DUTIES.—The Center shall—
(1) serve as an information clearinghouse for the geothermal industry by collecting and disseminating information
on best practices in all areas relating to developing and utilizing
geothermal resources;
(2) make data collected by the Center available to the
public; and
(3) seek opportunities to coordinate efforts and share
information with domestic and international partners engaged
in research and development of geothermal systems and related
technology.
(c) SELECTION CRITERIA.—In awarding the grant under subsection (a) the Secretary shall select an institution of higher education (or consortium thereof) best suited to provide national leadership on geothermal related issues and perform the duties enumerated under subsection (b).
(d) DURATION OF GRANT.—A grant made under subsection (a)—
(1) shall be for an initial period of 5 years; and
(2) may be renewed for additional 5-year periods on the
basis of—
(A) satisfactory performance in meeting the duties outlined in subsection (b); and
(B) any other requirements specified by the Secretary.

Grants.

SEC. 619. GEOPOWERING AMERICA.

42 USC 17198.

The Secretary shall expand the Department of Energy’s
GeoPowering the West program to extend its geothermal technology
transfer activities throughout the entire United States. The program
shall be renamed ‘‘GeoPowering America’’. The program shall continue to be based in the Department of Energy office in Golden,
Colorado.

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SEC. 620. EDUCATIONAL PILOT PROGRAM.

42 USC 17199.

The Secretary shall seek to award grant funding, on a competitive basis, to an institution of higher education for a geothermalpowered energy generation facility on the institution’s campus. The
purpose of the facility shall be to provide electricity and space
heating. The facility shall also serve as an educational resource
to students in relevant fields of study, and the data generated

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121 STAT. 1684

PUBLIC LAW 110–140—DEC. 19, 2007

by the facility shall be available to students and the general public.
The total funding award shall not exceed $2,000,000.
42 USC 17200.

SEC. 621. REPORTS.

(a) REPORTS ON ADVANCED USES OF GEOTHERMAL ENERGY.—
Not later than 3 years and 5 years after the date of enactment
of this Act, the Secretary shall report to the Committee on Science
and Technology of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate on advanced concepts and technologies to maximize the geothermal resource potential of the United States. The reports shall include—
(1) the use of carbon dioxide as an alternative geofluid
with potential carbon sequestration benefits;
(2) mineral recovery from geofluids;
(3) use of geothermal energy to produce hydrogen;
(4) use of geothermal energy to produce biofuels;
(5) use of geothermal heat for oil recovery from oil shales
and tar sands; and
(6) other advanced geothermal technologies, including
advanced drilling technologies and advanced power conversion
technologies.
(b) PROGRESS REPORTS.—(1) Not later than 36 months after
the date of enactment of this Act, the Secretary shall submit to
the Committee on Science and Technology of the House of Representatives and the Committee on Energy and Natural Resources
of the Senate an interim report describing the progress made under
this subtitle. At the end of 60 months, the Secretary shall submit
to Congress a report on the results of projects undertaken under
this subtitle and other such information the Secretary considers
appropriate.
(2) As necessary, the Secretary shall report to the Congress
on any legal, regulatory, or other barriers encountered that hinder
economic development of these resources, and provide recommendations on legislative or other actions needed to address such impediments.
42 USC 17201.

SEC. 622. APPLICABILITY OF OTHER LAWS.

Nothing in this subtitle shall be construed as waiving, modifying, or superseding the applicability of any requirement under
any environmental or other Federal or State law. To the extent
that activities authorized in this subtitle take place in coastal
and ocean areas, the Secretary shall consult with the Secretary
of Commerce, acting through the Under Secretary of Commerce
for Oceans and Atmosphere, regarding the potential marine environmental impacts and measures to address such impacts.
42 USC 17202.

SEC. 623. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary to
carry out this subtitle $90,000,000 for each of the fiscal years
2008 through 2012, of which $10,000,000 for each fiscal year shall
be for carrying out section 616. There are also authorized to be
appropriated to the Secretary for the Intermountain West Geothermal Consortium $5,000,000 for each of the fiscal years 2008
through 2012.

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42 USC 17203.

SEC. 624. INTERNATIONAL GEOTHERMAL ENERGY DEVELOPMENT.

(a) IN GENERAL.—The Secretary of Energy, in coordination
with other appropriate Federal and multilateral agencies (including

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1685

the United States Agency for International Development) shall support international collaborative efforts to promote the research,
development, and deployment of geothermal technologies used to
develop hydrothermal and enhanced geothermal system resources,
including as partners (as appropriate) the African Rift Geothermal
Development Facility, Australia, China, France, the Republic of
Iceland, India, Japan, and the United Kingdom.
(b) UNITED STATES TRADE AND DEVELOPMENT AGENCY.—The
Director of the United States Trade and Development Agency may—
(1) encourage participation by United States firms in
actions taken to carry out subsection (a); and
(2) provide grants and other financial support for feasibility
and resource assessment studies conducted in, or intended to
benefit, less developed countries.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $5,000,000 for each
of fiscal years 2008 through 2012.

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SEC. 625. HIGH COST REGION GEOTHERMAL ENERGY GRANT PROGRAM.

42 USC 17204.

(a) DEFINITIONS.—In this section:
(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a utility;
(B) an electric cooperative;
(C) a State;
(D) a political subdivision of a State;
(E) an Indian tribe; or
(F) a Native corporation.
(2) HIGH-COST REGION.—The term ‘‘high-cost region’’ means
a region in which the average cost of electrical power exceeds
150 percent of the national average retail cost, as determined
by the Secretary.
(b) PROGRAM.—The Secretary shall use amounts made available
to carry out this section to make grants to eligible entities for
activities described in subsection (c).
(c) ELIGIBLE ACTIVITIES.—An eligible entity may use grant
funds under this section, with respect to a geothermal energy project
in a high-cost region, only—
(1) to conduct a feasibility study, including a study of
exploration, geochemical testing, geomagnetic surveys, geologic
information gathering, baseline environmental studies, well
drilling, resource characterization, permitting, and economic
analysis;
(2) for design and engineering costs, relating to the project;
and
(3) to demonstrate and promote commercial application
of technologies related to geothermal energy as part of the
project.
(d) COST SHARING.—The cost-sharing requirements of section
988 of the Energy Policy Act of 2005 (42 U.S.C. 16352) shall
apply to any project carried out under this section.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.

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121 STAT. 1686
Marine and
Hydrokinetic
Renewable
Energy Research
and Development
Act.
42 USC 17001
note.
42 USC 17211.

PUBLIC LAW 110–140—DEC. 19, 2007

Subtitle C—Marine and Hydrokinetic
Renewable Energy Technologies
SEC. 631. SHORT TITLE.

This subtitle may be cited as the ‘‘Marine and Hydrokinetic
Renewable Energy Research and Development Act’’.
SEC. 632. DEFINITION.

For purposes of this subtitle, the term ‘‘marine and hydrokinetic
renewable energy’’ means electrical energy from—
(1) waves, tides, and currents in oceans, estuaries, and
tidal areas;
(2) free flowing water in rivers, lakes, and streams;
(3) free flowing water in man-made channels; and
(4) differentials in ocean temperature (ocean thermal
energy conversion).
The term ‘‘marine and hydrokinetic renewable energy’’ does not
include energy from any source that uses a dam, diversionary
structure, or impoundment for electric power purposes.

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42 USC 17212.

SEC.

633.

MARINE AND HYDROKINETIC
RESEARCH AND DEVELOPMENT.

RENEWABLE

ENERGY

(a) IN GENERAL.—The Secretary, in consultation with the Secretary of the Interior and the Secretary of Commerce, acting through
the Under Secretary of Commerce for Oceans and Atmosphere,
shall establish a program of research, development, demonstration,
and commercial application to expand marine and hydrokinetic
renewable energy production, including programs to—
(1) study and compare existing marine and hydrokinetic
renewable energy technologies;
(2) research, develop, and demonstrate marine and
hydrokinetic renewable energy systems and technologies;
(3) reduce the manufacturing and operation costs of marine
and hydrokinetic renewable energy technologies;
(4) investigate efficient and reliable integration with the
utility grid and intermittency issues;
(5) advance wave forecasting technologies;
(6) conduct experimental and numerical modeling for
optimization of marine energy conversion devices and arrays;
(7) increase the reliability and survivability of marine and
hydrokinetic renewable energy technologies, including development of corrosive-resistant materials;
(8) identify, in conjunction with the Secretary of Commerce,
acting through the Under Secretary of Commerce for Oceans
and Atmosphere, and other Federal agencies as appropriate,
the potential environmental impacts, including potential
impacts on fisheries and other marine resources, of marine
and hydrokinetic renewable energy technologies, measures to
prevent adverse impacts, and technologies and other means
available for monitoring and determining environmental
impacts;
(9) identify, in conjunction with the Secretary of the Department in which the United States Coast Guard is operating,
acting through the Commandant of the United States Coast
Guard, the potential navigational impacts of marine and

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1687

hydrokinetic renewable energy technologies and measures to
prevent adverse impacts on navigation;
(10) develop power measurement standards for marine and
hydrokinetic renewable energy;
(11) develop identification standards for marine and
hydrokinetic renewable energy devices;
(12) address standards development, demonstration, and
technology transfer for advanced systems engineering and
system integration methods to identify critical interfaces;
(13) identifying opportunities for cross fertilization and
development of economies of scale between other renewable
sources and marine and hydrokinetic renewable energy sources;
and
(14) providing public information and opportunity for public
comment concerning all technologies.
(b) REPORT.—Not later than 18 months after the date of enactment of this Act, the Secretary, in conjunction with the Secretary
of Commerce, acting through the Undersecretary of Commerce for
Oceans and Atmosphere, and the Secretary of the Interior, shall
provide to the Congress a report that addresses—
(1) the potential environmental impacts, including impacts
to fisheries and marine resources, of marine and hydrokinetic
renewable energy technologies;
(2) options to prevent adverse environmental impacts;
(3) the potential role of monitoring and adaptive management in identifying and addressing any adverse environmental
impacts; and
(4) the necessary components of such an adaptive management program.

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SEC.

634.

NATIONAL MARINE RENEWABLE ENERGY RESEARCH,
DEVELOPMENT, AND DEMONSTRATION CENTERS.

(a) CENTERS.—The Secretary shall award grants to institutions
of higher education (or consortia thereof) for the establishment
of 1 or more National Marine Renewable Energy Research, Development, and Demonstration Centers. In selecting locations for Centers, the Secretary shall consider sites that meet one of the following
criteria:
(1) Hosts an existing marine renewable energy research
and development program in coordination with an engineering
program at an institution of higher education.
(2) Has proven expertise to support environmental and
policy-related issues associated with harnessing of energy in
the marine environment.
(3) Has access to and utilizes the marine resources in
the Gulf of Mexico, the Atlantic Ocean, or the Pacific Ocean.
The Secretary may give special consideration to historically black
colleges and universities and land grant universities that also meet
one of these criteria. In establishing criteria for the selection of
the Centers, the Secretary shall consult with the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans
and Atmosphere, on the criteria related to ocean waves, tides,
and currents including those for advancing wave forecasting technologies, ocean temperature differences, and studying the compatibility of marine renewable energy technologies and systems with
the environment, fisheries, and other marine resources.

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42 USC 17213.
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(b) PURPOSES.—The Centers shall advance research, development, demonstration, and commercial application of marine renewable energy, and shall serve as an information clearinghouse for
the marine renewable energy industry, collecting and disseminating
information on best practices in all areas related to developing
and managing enhanced marine renewable energy systems
resources.
(c) DEMONSTRATION OF NEED.—When applying for a grant
under this section, an applicant shall include a description of why
Federal support is necessary for the Center, including evidence
that the research of the Center will not be conducted in the absence
of Federal support.
42 USC 17214.

SEC. 635. APPLICABILITY OF OTHER LAWS.

Nothing in this subtitle shall be construed as waiving, modifying, or superseding the applicability of any requirement under
any environmental or other Federal or State law.
42 USC 17215.

SEC. 636. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary to
carry out this subtitle $50,000,000 for each of the fiscal years
2008 through 2012, except that no funds shall be appropriated
under this section for activities that are receiving funds under
section 931(a)(2)(E)(i) of the Energy Policy Act of 2005 (42 U.S.C.
16231(a)(2)(E)(i)).

Subtitle D—Energy Storage for
Transportation and Electric Power

United States
Energy Storage
Competitiveness
Act of 2007.

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42 USC 17231.

SEC. 641. ENERGY STORAGE COMPETITIVENESS.

(a) SHORT TITLE.—This section may be cited as the ‘‘United
States Energy Storage Competitiveness Act of 2007’’.
(b) DEFINITIONS.—In this section:
(1) COUNCIL.—The term ‘‘Council’’ means the Energy Storage Advisory Council established under subsection (e).
(2) COMPRESSED AIR ENERGY STORAGE.—The term ‘‘compressed air energy storage’’ means, in the case of an electricity
grid application, the storage of energy through the compression
of air.
(3) ELECTRIC DRIVE VEHICLE.—The term ‘‘electric drive
vehicle’’ means—
(A) a vehicle that uses an electric motor for all or
part of the motive power of the vehicle, including battery
electric, hybrid electric, plug-in hybrid electric, fuel cell,
and plug-in fuel cell vehicles and rail transportation
vehicles; or
(B) mobile equipment that uses an electric motor to
replace an internal combustion engine for all or part of
the work of the equipment.
(4) ISLANDING.—The term ‘‘islanding’’ means a distributed
generator or energy storage device continuing to power a location in the absence of electric power from the primary source.
(5) FLYWHEEL.—The term ‘‘flywheel’’ means, in the case
of an electricity grid application, a device used to store rotational kinetic energy.

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121 STAT. 1689

(6) MICROGRID.—The term ‘‘microgrid’’ means an integrated
energy system consisting of interconnected loads and distributed energy resources (including generators and energy storage
devices), which as an integrated system can operate in parallel
with the utility grid or in an intentional islanding mode.
(7) SELF-HEALING GRID.—The term ‘‘self-healing grid’’
means a grid that is capable of automatically anticipating and
responding to power system disturbances (including the isolation of failed sections and components), while optimizing the
performance and service of the grid to customers.
(8) SPINNING RESERVE SERVICES.—The term ‘‘spinning
reserve services’’ means a quantity of electric generating
capacity in excess of the quantity needed to meet peak electric
demand.
(9) ULTRACAPACITOR.—The term ‘‘ultracapacitor’’ means an
energy storage device that has a power density comparable
to a conventional capacitor but is capable of exceeding the
energy density of a conventional capacitor by several orders
of magnitude.
(c) PROGRAM.—The Secretary shall carry out a research,
development, and demonstration program to support the ability
of the United States to remain globally competitive in energy storage systems for electric drive vehicles, stationary applications, and
electricity transmission and distribution.
(d) COORDINATION.—In carrying out the activities of this section, the Secretary shall coordinate relevant efforts with appropriate
Federal agencies, including the Department of Transportation.
(e) ENERGY STORAGE ADVISORY COUNCIL.—
(1) ESTABLISHMENT.—Not later than 90 days after the date
of enactment of this Act, the Secretary shall establish an Energy
Storage Advisory Council.
(2) COMPOSITION.—
(A) IN GENERAL.—Subject to subparagraph (B), the
Council shall consist of not less than 15 individuals
appointed by the Secretary, based on recommendations
of the National Academy of Sciences.
(B) ENERGY STORAGE INDUSTRY.—The Council shall
consist primarily of representatives of the energy storage
industry of the United States.
(C) CHAIRPERSON.—The Secretary shall select a Chairperson for the Council from among the members appointed
under subparagraph (A).
(3) MEETINGS.—
(A) IN GENERAL.—The Council shall meet not less than
once a year.
(B) FEDERAL ADVISORY COMMITTEE ACT.—The Federal
Advisory Committee Act (5 U.S.C. App.) shall apply to
a meeting of the Council.
(4) PLANS.—No later than 1 year after the date of enactment of this Act and every 5 years thereafter, the Council,
in conjunction with the Secretary, shall develop a 5-year plan
for integrating basic and applied research so that the United
States retains a globally competitive domestic energy storage
industry for electric drive vehicles, stationary applications, and
electricity transmission and distribution.
(5) REVIEW.—The Council shall—

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(A) assess, every 2 years, the performance of the
Department in meeting the goals of the plans developed
under paragraph (4); and
(B) make specific recommendations to the Secretary
on programs or activities that should be established or
terminated to meet those goals.
(f) BASIC RESEARCH PROGRAM.—
(1) BASIC RESEARCH.—The Secretary shall conduct a basic
research program on energy storage systems to support electric
drive vehicles, stationary applications, and electricity transmission and distribution, including—
(A) materials design;
(B) materials synthesis and characterization;
(C) electrode-active materials, including electrolytes
and bioelectrolytes;
(D) surface and interface dynamics;
(E) modeling and simulation; and
(F) thermal behavior and life degradation mechanisms.
(2) NANOSCIENCE CENTERS.—The Secretary, in cooperation
with the Council, shall coordinate the activities of the
nanoscience centers of the Department to help the energy storage research centers of the Department maintain a globally
competitive posture in energy storage systems for electric drive
vehicles, stationary applications, and electricity transmission
and distribution.
(3) FUNDING.—For activities carried out under this subsection, in addition to funding activities at National Laboratories, the Secretary shall award funds to, and coordinate activities with, a range of stakeholders including the public, private,
and academic sectors.
(g) APPLIED RESEARCH PROGRAM.—
(1) IN GENERAL.—The Secretary shall conduct an applied
research program on energy storage systems to support electric
drive vehicles, stationary applications, and electricity transmission and distribution technologies, including—
(A) ultracapacitors;
(B) flywheels;
(C) batteries and battery systems (including flow batteries);
(D) compressed air energy systems;
(E) power conditioning electronics;
(F) manufacturing technologies for energy storage systems;
(G) thermal management systems; and
(H) hydrogen as an energy storage medium.
(2) FUNDING.—For activities carried out under this subsection, in addition to funding activities at National Laboratories, the Secretary shall provide funds to, and coordinate
activities with, a range of stakeholders, including the public,
private, and academic sectors.
(h) ENERGY STORAGE RESEARCH CENTERS.—
(1) IN GENERAL.—The Secretary shall establish, through
competitive bids, not more than 4 energy storage research
centers to translate basic research into applied technologies
to advance the capability of the United States to maintain
a globally competitive posture in energy storage systems for

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electric drive vehicles, stationary applications, and electricity
transmission and distribution.
(2) PROGRAM MANAGEMENT.—The centers shall be managed
by the Under Secretary for Science of the Department.
(3) PARTICIPATION AGREEMENTS.—As a condition of participating in a center, a participant shall enter into a participation
agreement with the center that requires that activities conducted by the participant for the center promote the goal of
enabling the United States to compete successfully in global
energy storage markets.
(4) PLANS.—A center shall conduct activities that promote
the achievement of the goals of the plans of the Council under
subsection (e)(4).
(5) NATIONAL LABORATORIES.—A national laboratory (as
defined in section 2 of the Energy Policy Act of 2005 (42
U.S.C. 15801)) may participate in a center established under
this subsection, including a cooperative research and development agreement (as defined in section 12(d) of the StevensonWydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(d))).
(6) DISCLOSURE.—Section 623 of the Energy Policy Act
of 1992 (42 U.S.C. 13293) may apply to any project carried
out through a grant, contract, or cooperative agreement under
this subsection.
(7) INTELLECTUAL PROPERTY.—In accordance with section
202(a)(ii) of title 35, United States Code, section 152 of the
Atomic Energy Act of 1954 (42 U.S.C. 2182), and section 9
of the Federal Nonnuclear Energy Research and Development
Act of 1974 (42 U.S.C. 5908), the Secretary may require, for
any new invention developed under this subsection, that—
(A) if an industrial participant is active in a energy
storage research center established under this subsection
relating to the advancement of energy storage technologies
carried out, in whole or in part, with Federal funding,
the industrial participant be granted the first option to
negotiate with the invention owner, at least in the field
of energy storage technologies, nonexclusive licenses, and
royalties on terms that are reasonable, as determined by
the Secretary;
(B) if 1 or more industry participants are active in
a center, during a 2-year period beginning on the date
on which an invention is made—
(i) the patent holder shall not negotiate any license
or royalty agreement with any entity that is not an
industrial participant under this subsection; and
(ii) the patent holder shall negotiate nonexclusive
licenses and royalties in good faith with any interested
industrial participant under this subsection; and
(C) the new invention be developed under such other
terms as the Secretary determines to be necessary to promote the accelerated commercialization of inventions made
under this subsection to advance the capability of the
United States to successfully compete in global energy storage markets.
(i) ENERGY STORAGE SYSTEMS DEMONSTRATIONS.—
(1) IN GENERAL.—The Secretary shall carry out a program
of new demonstrations of advanced energy storage systems.

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PUBLIC LAW 110–140—DEC. 19, 2007
(2) SCOPE.—The demonstrations shall—
(A) be regionally diversified; and
(B) expand on the existing technology demonstration
program of the Department.
(3) STAKEHOLDERS.—In carrying out the demonstrations,
the Secretary shall, to the maximum extent practicable, include
the participation of a range of stakeholders, including—
(A) rural electric cooperatives;
(B) investor owned utilities;
(C) municipally owned electric utilities;
(D) energy storage systems manufacturers;
(E) electric drive vehicle manufacturers;
(F) the renewable energy production industry;
(G) State or local energy offices;
(H) the fuel cell industry; and
(I) institutions of higher education.
(4) OBJECTIVES.—Each of the demonstrations shall include
1 or more of the following:
(A) Energy storage to improve the feasibility of
microgrids or islanding, or transmission and distribution
capability, to improve reliability in rural areas.
(B) Integration of an energy storage system with a
self-healing grid.
(C) Use of energy storage to improve security to emergency response infrastructure and ensure availability of
emergency backup power for consumers.
(D) Integration with a renewable energy production
source, at the source or away from the source.
(E) Use of energy storage to provide ancillary services,
such as spinning reserve services, for grid management.
(F) Advancement of power conversion systems to make
the systems smarter, more efficient, able to communicate
with other inverters, and able to control voltage.
(G) Use of energy storage to optimize transmission
and distribution operation and power quality, which could
address overloaded lines and maintenance of transformers
and substations.
(H) Use of advanced energy storage for peak load
management of homes, businesses, and the grid.
(I) Use of energy storage devices to store energy during
nonpeak generation periods to make better use of existing
grid assets.
(j) VEHICLE ENERGY STORAGE DEMONSTRATION.—
(1) IN GENERAL.—The Secretary shall carry out a program
of electric drive vehicle energy storage technology demonstrations.
(2) CONSORTIA.—The technology demonstrations shall be
conducted through consortia, which may include—
(A) energy storage systems manufacturers and suppliers of the manufacturers;
(B) electric drive vehicle manufacturers;
(C) rural electric cooperatives;
(D) investor owned utilities;
(E) municipal and rural electric utilities;
(F) State and local governments;
(G) metropolitan transportation authorities; and
(H) institutions of higher education.

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121 STAT. 1693

(3) OBJECTIVES.—The program shall demonstrate 1 or more
of the following:
(A) Novel, high capacity, high efficiency energy storage,
charging, and control systems, along with the collection
of data on performance characteristics, such as battery
life, energy storage capacity, and power delivery capacity.
(B) Advanced onboard energy management systems
and highly efficient battery cooling systems.
(C) Integration of those systems on a prototype vehicular platform, including with drivetrain systems for passenger, commercial, and nonroad electric drive vehicles.
(D) New technologies and processes that reduce manufacturing costs.
(E) Integration of advanced vehicle technologies with
electricity distribution system and smart metering technology.
(F) Control systems that minimize emissions profiles
in cases in which clean diesel engines are part of a plugin hybrid drive system.
(k) SECONDARY APPLICATIONS AND DISPOSAL OF ELECTRIC DRIVE
VEHICLE BATTERIES.—The Secretary shall carry out a program of
research, development, and demonstration of—
(1) secondary applications of energy storage devices following service in electric drive vehicles; and
(2) technologies and processes for final recycling and disposal of the devices.
(l) COST SHARING.—The Secretary shall carry out the programs
established under this section in accordance with section 988 of
the Energy Policy Act of 2005 (42 U.S.C. 16352).
(m) MERIT REVIEW OF PROPOSALS.—The Secretary shall carry
out the programs established under subsections (i), (j), and (k)
in accordance with section 989 of the Energy Policy Act of 2005
(42 U.S.C. 16353).
(n) COORDINATION AND NONDUPLICATION.—To the maximum
extent practicable, the Secretary shall coordinate activities under
this section with other programs and laboratories of the Department
and other Federal research programs.
(o) REVIEW BY NATIONAL ACADEMY OF SCIENCES.—On the business day that is 5 years after the date of enactment of this Act,
the Secretary shall offer to enter into an arrangement with the
National Academy of Sciences to assess the performance of the
Department in carrying out this section.
(p) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out—
(1) the basic research program under subsection (f)
$50,000,000 for each of fiscal years 2009 through 2018;
(2) the applied research program under subsection (g)
$80,000,000 for each of fiscal years 2009 through 2018; and;
(3) the energy storage research center program under subsection (h) $100,000,000 for each of fiscal years 2009 through
2018;
(4) the energy storage systems demonstration program
under subsection (i) $30,000,000 for each of fiscal years 2009
through 2018;
(5) the vehicle energy storage demonstration program
under subsection (j) $30,000,000 for each of fiscal years 2009
through 2018; and

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(6) the secondary applications and disposal of electric drive
vehicle batteries program under subsection (k) $5,000,000 for
each of fiscal years 2009 through 2018.

Subtitle E—Miscellaneous Provisions
42 USC 17241.

SEC. 651. LIGHTWEIGHT MATERIALS RESEARCH AND DEVELOPMENT.

(a) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary of Energy shall establish a program
to determine ways in which the weight of motor vehicles could
be reduced to improve fuel efficiency without compromising passenger safety by conducting research, development, and demonstration relating to—
(1) the development of new materials (including cast metal
composite materials formed by autocombustion synthesis) and
material processes that yield a higher strength-to-weight ratio
or other properties that reduce vehicle weight; and
(2) reducing the cost of—
(A) lightweight materials (including high-strength steel
alloys, aluminum, magnesium, metal composites, and
carbon fiber reinforced polymer composites) with the properties required for construction of lighter-weight vehicles;
and
(B) materials processing, automated manufacturing,
joining, and recycling lightweight materials for high-volume
applications.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $80,000,000 for the
period of fiscal years 2008 through 2012.

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42 USC 17242.

SEC. 652. COMMERCIAL INSULATION DEMONSTRATION PROGRAM.

(a) DEFINITIONS.—In this section:
(1) ADVANCED INSULATION.—The term ‘‘advanced insulation’’ means insulation that has an R value of not less than
R35 per inch.
(2) COVERED REFRIGERATION UNIT.—The term ‘‘covered
refrigeration unit’’ means any—
(A) commercial refrigerated truck;
(B) commercial refrigerated trailer; or
(C) commercial refrigerator, freezer, or refrigeratorfreezer described in section 342(c) of the Energy Policy
and Conservation Act (42 U.S.C. 6313(c)).
(b) REPORT.—Not later than 90 days after the date of enactment
of this Act, the Secretary shall submit to Congress a report that
includes an evaluation of—
(1) the state of technological advancement of advanced
insulation; and
(2) the projected amount of cost savings that would be
generated by implementing advanced insulation into covered
refrigeration units.
(c) DEMONSTRATION PROGRAM.—
(1) ESTABLISHMENT.—If the Secretary determines in the
report described in subsection (b) that the implementation of
advanced insulation into covered refrigeration units would generate an economically justifiable amount of cost savings, the

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Secretary, in cooperation with manufacturers of covered refrigeration units, shall establish a demonstration program under
which the Secretary shall demonstrate the cost-effectiveness
of advanced insulation.
(2) DISCLOSURE.—The Secretary may, for a period of up
to 5 years after an award is granted under the demonstration
program, exempt from mandatory disclosure under section 552
of title 5, United States Code (popularly known as the Freedom
of Information Act) information that the Secretary determines
would be a privileged or confidential trade secret or commercial
or financial information under subsection (b)(4) of such section
if the information had been obtained from a non-Government
party.
(3) COST-SHARING.—Section 988 of the Energy Policy Act
of 2005 (42 U.S.C. 16352) shall apply to any project carried
out under this subsection.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $8,000,000 for the
period of fiscal years 2009 through 2014.

Applicability.

SEC. 653. TECHNICAL CRITERIA FOR CLEAN COAL POWER INITIATIVE.

Section 402(b)(1)(B)(ii) of the Energy Policy Act of 2005 (42
U.S.C. 15962(b)(1)(B)(ii)) is amended by striking subclause (I) and
inserting the following:
‘‘(I)(aa) to remove at least 99 percent of sulfur
dioxide; or
‘‘(bb) to emit not more than 0.04 pound SO2
per million Btu, based on a 30-day average;’’.

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SEC. 654. H-PRIZE.

Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396)
is amended by adding at the end the following new subsection:
‘‘(f) H-PRIZE.—
‘‘(1) PRIZE AUTHORITY.—
‘‘(A) IN GENERAL.—As part of the program under this
section, the Secretary shall carry out a program to competitively award cash prizes in conformity with this subsection
to advance the research, development, demonstration, and
commercial application of hydrogen energy technologies.
‘‘(B) ADVERTISING AND SOLICITATION OF COMPETITORS.—
‘‘(i) ADVERTISING.—The Secretary shall widely
advertise prize competitions under this subsection to
encourage broad participation, including by individuals, universities (including historically Black colleges
and universities and other minority serving institutions), and large and small businesses (including
businesses owned or controlled by socially and economically disadvantaged persons).
‘‘(ii) ANNOUNCEMENT THROUGH FEDERAL REGISTER
NOTICE.—The Secretary shall announce each prize competition under this subsection by publishing a notice
in the Federal Register. This notice shall include essential elements of the competition such as the subject
of the competition, the duration of the competition,
the eligibility requirements for participation in the
competition, the process for participants to register
for the competition, the amount of the prize, and the
criteria for awarding the prize.

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‘‘(C) ADMINISTERING THE COMPETITIONS.—The Secretary shall enter into an agreement with a private, nonprofit entity to administer the prize competitions under
this subsection, subject to the provisions of this subsection
(in this subsection referred to as the ‘administering entity’).
The duties of the administering entity under the agreement
shall include—
‘‘(i) advertising prize competitions under this subsection and their results;
‘‘(ii) raising funds from private entities and individuals to pay for administrative costs and to contribute
to cash prizes, including funds provided in exchange
for the right to name a prize awarded under this
subsection;
‘‘(iii) developing, in consultation with and subject
to the final approval of the Secretary, the criteria
for selecting winners in prize competitions under this
subsection, based on goals provided by the Secretary;
‘‘(iv) determining, in consultation with the Secretary, the appropriate amount and funding sources
for each prize to be awarded under this subsection,
subject to the final approval of the Secretary with
respect to Federal funding;
‘‘(v) providing advice and consultation to the Secretary on the selection of judges in accordance with
paragraph (2)(D), using criteria developed in consultation with and subject to the final approval of the Secretary; and
‘‘(vi) protecting against the administering entity’s
unauthorized use or disclosure of a registered participant’s trade secrets and confidential business information. Any information properly identified as trade
secrets or confidential business information that is submitted by a participant as part of a competitive program under this subsection may be withheld from
public disclosure.
‘‘(D) FUNDING SOURCES.—Prizes under this subsection
shall consist of Federal appropriated funds and any funds
provided by the administering entity (including funds
raised pursuant to subparagraph (C)(ii)) for such cash prize
programs. The Secretary may accept funds from other Federal agencies for such cash prizes and, notwithstanding
section 3302(b) of title 31, United States Code, may use
such funds for the cash prize program under this subsection. Other than publication of the names of prize sponsors, the Secretary may not give any special consideration
to any private sector entity or individual in return for
a donation to the Secretary or administering entity.
‘‘(E) ANNOUNCEMENT OF PRIZES.—The Secretary may
not issue a notice required by subparagraph (B)(ii) until
all the funds needed to pay out the announced amount
of the prize have been appropriated or committed in writing
by the administering entity. The Secretary may increase
the amount of a prize after an initial announcement is
made under subparagraph (B)(ii) if—
‘‘(i) notice of the increase is provided in the same
manner as the initial notice of the prize; and

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‘‘(ii) the funds needed to pay out the announced
amount of the increase have been appropriated or committed in writing by the administering entity.
‘‘(F) SUNSET.—The authority to announce prize competitions under this subsection shall terminate on September 30, 2018.
‘‘(2) PRIZE CATEGORIES.—
‘‘(A) CATEGORIES.—The Secretary shall establish prizes
under this subsection for—
‘‘(i) advancements in technologies, components, or
systems related to—
‘‘(I) hydrogen production;
‘‘(II) hydrogen storage;
‘‘(III) hydrogen distribution; and
‘‘(IV) hydrogen utilization;
‘‘(ii) prototypes of hydrogen-powered vehicles or
other hydrogen-based products that best meet or exceed
objective performance criteria, such as completion of
a race over a certain distance or terrain or generation
of energy at certain levels of efficiency; and
‘‘(iii) transformational changes in technologies for
the distribution or production of hydrogen that meet
or exceed far-reaching objective criteria, which shall
include minimal carbon emissions and which may
include cost criteria designed to facilitate the eventual
market success of a winning technology.
‘‘(B) AWARDS.—
‘‘(i) ADVANCEMENTS.—To the extent permitted
under paragraph (1)(E), the prizes authorized under
subparagraph (A)(i) shall be awarded biennially to the
most significant advance made in each of the four
subcategories described in subclauses (I) through (IV)
of subparagraph (A)(i) since the submission deadline
of the previous prize competition in the same category
under subparagraph (A)(i) or the date of enactment
of this subsection, whichever is later, unless no such
advance is significant enough to merit an award. No
one such prize may exceed $1,000,000. If less than
$4,000,000 is available for a prize competition under
subparagraph (A)(i), the Secretary may omit one or
more subcategories, reduce the amount of the prizes,
or not hold a prize competition.
‘‘(ii) PROTOTYPES.—To the extent permitted under
paragraph (1)(E), prizes authorized under subparagraph (A)(ii) shall be awarded biennially in alternate
years from the prizes authorized under subparagraph
(A)(i). The Secretary is authorized to award up to one
prize in this category in each 2-year period. No such
prize may exceed $4,000,000. If no registered participants meet the objective performance criteria established pursuant to subparagraph (C) for a competition
under this clause, the Secretary shall not award a
prize.
‘‘(iii) TRANSFORMATIONAL TECHNOLOGIES.—To the
extent permitted under paragraph (1)(E), the Secretary
shall announce one prize competition authorized under

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subparagraph (A)(iii) as soon after the date of enactment of this subsection as is practicable. A prize offered
under this clause shall be not less than $10,000,000,
paid to the winner in a lump sum, and an additional
amount paid to the winner as a match for each dollar
of private funding raised by the winner for the
hydrogen technology beginning on the date the winner
was named. The match shall be provided for 3 years
after the date the prize winner is named or until
the full amount of the prize has been paid out, whichever occurs first. A prize winner may elect to have
the match amount paid to another entity that is continuing the development of the winning technology.
The Secretary shall announce the rules for receiving
the match in the notice required by paragraph
(1)(B)(ii). The Secretary shall award a prize under
this clause only when a registered participant has met
the objective criteria established for the prize pursuant
to subparagraph (C) and announced pursuant to paragraph (1)(B)(ii). Not more than $10,000,000 in Federal
funds may be used for the prize award under this
clause. The administering entity shall seek to raise
$40,000,000 toward the matching award under this
clause.
‘‘(C) CRITERIA.—In establishing the criteria required
by this subsection, the Secretary—
‘‘(i) shall consult with the Department’s Hydrogen
Technical and Fuel Cell Advisory Committee;
‘‘(ii) shall consult with other Federal agencies,
including the National Science Foundation; and
‘‘(iii) may consult with other experts such as private organizations, including professional societies,
industry associations, and the National Academy of
Sciences and the National Academy of Engineering.
‘‘(D) JUDGES.—For each prize competition under this
subsection, the Secretary in consultation with the administering entity shall assemble a panel of qualified judges
to select the winner or winners on the basis of the criteria
established under subparagraph (C). Judges for each prize
competition shall include individuals from outside the
Department, including from the private sector. A judge,
spouse, minor children, and members of the judge’s household may not—
‘‘(i) have personal or financial interests in, or be
an employee, officer, director, or agent of, any entity
that is a registered participant in the prize competition
for which he or she will serve as a judge; or
‘‘(ii) have a familial or financial relationship with
an individual who is a registered participant in the
prize competition for which he or she will serve as
a judge.
‘‘(3) ELIGIBILITY.—To be eligible to win a prize under this
subsection, an individual or entity—
‘‘(A) shall have complied with all the requirements
in accordance with the Federal Register notice required
under paragraph (1)(B)(ii);

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‘‘(B) in the case of a private entity, shall be incorporated in and maintain a primary place of business in
the United States, and in the case of an individual, whether
participating singly or in a group, shall be a citizen of,
or an alien lawfully admitted for permanent residence in,
the United States; and
‘‘(C) shall not be a Federal entity, a Federal employee
acting within the scope of his employment, or an employee
of a national laboratory acting within the scope of his
employment.
‘‘(4) INTELLECTUAL PROPERTY.—The Federal Government
shall not, by virtue of offering or awarding a prize under
this subsection, be entitled to any intellectual property rights
derived as a consequence of, or direct relation to, the participation by a registered participant in a competition authorized
by this subsection. This paragraph shall not be construed to
prevent the Federal Government from negotiating a license
for the use of intellectual property developed for a prize competition under this subsection.
‘‘(5) LIABILITY.—
‘‘(A) WAIVER OF LIABILITY.—The Secretary may require
registered participants to waive claims against the Federal
Government and the administering entity (except claims
for willful misconduct) for any injury, death, damage, or
loss of property, revenue, or profits arising from the registered participants’ participation in a competition under
this subsection. The Secretary shall give notice of any
waiver required under this subparagraph in the notice
required by paragraph (1)(B)(ii). The Secretary may not
require a registered participant to waive claims against
the administering entity arising out of the unauthorized
use or disclosure by the administering entity of the registered participant’s trade secrets or confidential business
information.
‘‘(B) LIABILITY INSURANCE.—
‘‘(i) REQUIREMENTS.—Registered participants in a
prize competition under this subsection shall be
required to obtain liability insurance or demonstrate
financial responsibility, in amounts determined by the
Secretary, for claims by—
‘‘(I) a third party for death, bodily injury, or
property damage or loss resulting from an activity
carried out in connection with participation in a
competition under this subsection; and
‘‘(II) the Federal Government for damage or
loss to Government property resulting from such
an activity.
‘‘(ii) FEDERAL GOVERNMENT INSURED.—The Federal
Government shall be named as an additional insured
under a registered participant’s insurance policy
required under clause (i)(I), and registered participants
shall be required to agree to indemnify the Federal
Government against third party claims for damages
arising from or related to competition activities under
this subsection.
‘‘(6) REPORT TO CONGRESS.—Not later than 60 days after
the awarding of the first prize under this subsection, and

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annually thereafter, the Secretary shall transmit to the Congress a report that—
‘‘(A) identifies each award recipient;
‘‘(B) describes the technologies developed by each
award recipient; and
‘‘(C) specifies actions being taken toward commercial
application of all technologies with respect to which a prize
has been awarded under this subsection.
‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(A) IN GENERAL.—
‘‘(i) AWARDS.—There are authorized to be appropriated to the Secretary for the period encompassing
fiscal years 2008 through 2017 for carrying out this
subsection—
‘‘(I) $20,000,000 for awards described in paragraph (2)(A)(i);
‘‘(II) $20,000,000 for awards described in paragraph (2)(A)(ii); and
‘‘(III) $10,000,000 for the award described in
paragraph (2)(A)(iii).
‘‘(ii) ADMINISTRATION.—In addition to the amounts
authorized in clause (i), there are authorized to be
appropriated to the Secretary for each of fiscal years
2008 and 2009 $2,000,000 for the administrative costs
of carrying out this subsection.
‘‘(B) CARRYOVER OF FUNDS.—Funds appropriated for
prize awards under this subsection shall remain available
until expended, and may be transferred, reprogrammed,
or expended for other purposes only after the expiration
of 10 fiscal years after the fiscal year for which the funds
were originally appropriated. No provision in this subsection permits obligation or payment of funds in violation
of section 1341 of title 31 of the United States Code (commonly referred to as the Anti-Deficiency Act).
‘‘(8) NONSUBSTITUTION.—The programs created under this
subsection shall not be considered a substitute for Federal
research and development programs.’’.

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42 USC 17243.

SEC. 655. BRIGHT TOMORROW LIGHTING PRIZES.

Deadline.

(a) ESTABLISHMENT.—Not later than 1 year after the date of
enactment of this Act, as part of the program carried out under
section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396),
the Secretary shall establish and award Bright Tomorrow Lighting
Prizes for solid state lighting in accordance with this section.
(b) PRIZE SPECIFICATIONS.—
(1) 60-WATT INCANDESCENT REPLACEMENT LAMP PRIZE.—
The Secretary shall award a 60-Watt Incandescent Replacement
Lamp Prize to an entrant that produces a solid-state-light
package simultaneously capable of—
(A) producing a luminous flux greater than 900 lumens;
(B) consuming less than or equal to 10 watts;
(C) having an efficiency greater than 90 lumens per
watt;
(D) having a color rendering index greater than 90;
(E) having a correlated color temperature of not less
than 2,750, and not more than 3,000, degrees Kelvin;

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121 STAT. 1701

(F) having 70 percent of the lumen value under
subparagraph (A) exceeding 25,000 hours under typical
conditions expected in residential use;
(G) having a light distribution pattern similar to a
soft 60-watt incandescent A19 bulb;
(H) having a size and shape that fits within the maximum dimensions of an A19 bulb in accordance with American National Standards Institute standard C78.20–2003,
figure C78.20–211;
(I) using a single contact medium screw socket; and
(J) mass production for a competitive sales commercial
market satisfied by producing commercially accepted
quality control lots of such units equal to or exceeding
the criteria described in subparagraphs (A) through (I).
(2) PAR TYPE 38 HALOGEN REPLACEMENT LAMP PRIZE.—
The Secretary shall award a Parabolic Aluminized Reflector
Type 38 Halogen Replacement Lamp Prize (referred to in this
section as the ‘‘PAR Type 38 Halogen Replacement Lamp Prize’’)
to an entrant that produces a solid-state-light package simultaneously capable of—
(A) producing a luminous flux greater than or equal
to 1,350 lumens;
(B) consuming less than or equal to 11 watts;
(C) having an efficiency greater than 123 lumens per
watt;
(D) having a color rendering index greater than or
equal to 90;
(E) having a correlated color coordinate temperature
of not less than 2,750, and not more than 3,000, degrees
Kelvin;
(F) having 70 percent of the lumen value under
subparagraph (A) exceeding 25,000 hours under typical
conditions expected in residential use;
(G) having a light distribution pattern similar to a
PAR 38 halogen lamp;
(H) having a size and shape that fits within the maximum dimensions of a PAR 38 halogen lamp in accordance
with American National Standards Institute standard C78–
21–2003, figure C78.21–238;
(I) using a single contact medium screw socket; and
(J) mass production for a competitive sales commercial
market satisfied by producing commercially accepted
quality control lots of such units equal to or exceeding
the criteria described in subparagraphs (A) through (I).
(3) TWENTY-FIRST CENTURY LAMP PRIZE.—The Secretary
shall award a Twenty-First Century Lamp Prize to an entrant
that produces a solid-state-light-light capable of—
(A) producing a light output greater than 1,200 lumens;
(B) having an efficiency greater than 150 lumens per
watt;
(C) having a color rendering index greater than 90;
(D) having a color coordinate temperature between
2,800 and 3,000 degrees Kelvin; and
(E) having a lifetime exceeding 25,000 hours.
(c) PRIVATE FUNDS.—

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121 STAT. 1702

Establishment.

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Deadline.

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PUBLIC LAW 110–140—DEC. 19, 2007

(1) IN GENERAL.—Subject to paragraph (2), and notwithstanding section 3302 of title 31, United States Code, the Secretary may accept, retain, and use funds contributed by any
person, government entity, or organization for purposes of carrying out this subsection—
(A) without further appropriation; and
(B) without fiscal year limitation.
(2) PRIZE COMPETITION.—A private source of funding may
not participate in the competition for prizes awarded under
this section.
(d) TECHNICAL REVIEW.—The Secretary shall establish a technical review committee composed of non-Federal officers to review
entrant data submitted under this section to determine whether
the data meets the prize specifications described in subsection (b).
(e) THIRD PARTY ADMINISTRATION.—The Secretary may competitively select a third party to administer awards under this section.
(f) ELIGIBILITY FOR PRIZES.—To be eligible to be awarded a
prize under this section—
(1) in the case of a private entity, the entity shall be
incorporated in and maintain a primary place of business in
the United States; and
(2) in the case of an individual (whether participating as
a single individual or in a group), the individual shall be
a citizen or lawful permanent resident of the United States.
(g) AWARD AMOUNTS.—Subject to the availability of funds to
carry out this section, the amount of—
(1) the 60-Watt Incandescent Replacement Lamp Prize
described in subsection (b)(1) shall be $10,000,000;
(2) the PAR Type 38 Halogen Replacement Lamp Prize
described in subsection (b)(2) shall be $5,000,000; and
(3) the Twenty-First Century Lamp Prize described in subsection (b)(3) shall be $5,000,000.
(h) FEDERAL PROCUREMENT OF SOLID-STATE-LIGHTS.—
(1) 60-WATT INCANDESCENT REPLACEMENT.—Subject to
paragraph (3), as soon as practicable after the successful award
of the 60-Watt Incandescent Replacement Lamp Prize under
subsection (b)(1), the Secretary (in consultation with the
Administrator of General Services) shall develop governmentwide Federal purchase guidelines with a goal of replacing the
use of 60-watt incandescent lamps in Federal Government
buildings with a solid-state-light package described in subsection (b)(1) by not later than the date that is 5 years after
the date the award is made.
(2) PAR 38 HALOGEN REPLACEMENT LAMP REPLACEMENT.—
Subject to paragraph (3), as soon as practicable after the
successful award of the PAR Type 38 Halogen Replacement
Lamp Prize under subsection (b)(2), the Secretary (in consultation with the Administrator of General Services) shall develop
governmentwide Federal purchase guidelines with the goal of
replacing the use of PAR 38 halogen lamps in Federal Government buildings with a solid-state-light package described in
subsection (b)(2) by not later than the date that is 5 years
after the date the award is made.
(3) WAIVERS.—
(A) IN GENERAL.—The Secretary or the Administrator
of General Services may waive the application of paragraph
(1) or (2) if the Secretary or Administrator determines

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1703

that the return on investment from the purchase of a
solid-state-light package described in paragraph (1) or (2)
of subsection (b), respectively, is cost prohibitive.
(B) REPORT OF WAIVER.—If the Secretary or Administrator waives the application of paragraph (1) or (2), the
Secretary or Administrator, respectively, shall submit to
Congress an annual report that describes the waiver and
provides a detailed justification for the waiver.
(i) REPORT.—Not later than 2 years after the date of enactment
of this Act, and annually thereafter, the Administrator of General
Services shall submit to the Energy Information Agency a report
describing the quantity, type, and cost of each lighting product
purchased by the Federal Government.
(j) BRIGHT TOMORROW LIGHTING AWARD FUND.—
(1) ESTABLISHMENT.—There is established in the United
States Treasury a Bright Tomorrow Lighting permanent fund
without fiscal year limitation to award prizes under paragraphs
(1), (2), and (3) of subsection (b).
(2) SOURCES OF FUNDING.—The fund established under
paragraph (1) shall accept—
(A) fiscal year appropriations; and
(B) private contributions authorized under subsection
(c).
(k) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.

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SEC. 656. RENEWABLE ENERGY INNOVATION MANUFACTURING PARTNERSHIP.

42 USC 17244.

(a) ESTABLISHMENT.—The Secretary shall carry out a program,
to be known as the Renewable Energy Innovation Manufacturing
Partnership Program (referred to in this section as the ‘‘Program’’),
to make assistance awards to eligible entities for use in carrying
out research, development, and demonstration relating to the manufacturing of renewable energy technologies.
(b) SOLICITATION.—To carry out the Program, the Secretary
shall annually conduct a competitive solicitation for assistance
awards for an eligible project described in subsection (e).
(c) PROGRAM PURPOSES.—The purposes of the Program are—
(1) to develop, or aid in the development of, advanced
manufacturing processes, materials, and infrastructure;
(2) to increase the domestic production of renewable energy
technology and components; and
(3) to better coordinate Federal, State, and private
resources to meet regional and national renewable energy goals
through advanced manufacturing partnerships.
(d) ELIGIBLE ENTITIES.—An entity shall be eligible to receive
an assistance award under the Program to carry out an eligible
project described in subsection (e) if the entity is composed of—
(1) 1 or more public or private nonprofit institutions or
national laboratories engaged in research, development, demonstration, or technology transfer, that would participate
substantially in the project; and
(2) 1 or more private entities engaged in the manufacturing
or development of renewable energy system components
(including solar energy, wind energy, biomass, geothermal
energy, energy storage, or fuel cells).

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121 STAT. 1704

PUBLIC LAW 110–140—DEC. 19, 2007

(e) ELIGIBLE PROJECTS.—An eligible entity may use an assistance award provided under this section to carry out a project
relating to—
(1) the conduct of studies of market opportunities for
component manufacturing of renewable energy systems;
(2) the conduct of multiyear applied research, development,
demonstration, and deployment projects for advanced manufacturing processes, materials, and infrastructure for renewable
energy systems; and
(3) other similar ventures, as approved by the Secretary,
that promote advanced manufacturing of renewable technologies.
(f) CRITERIA AND GUIDELINES.—The Secretary shall establish
criteria and guidelines for the submission, evaluation, and funding
of proposed projects under the Program.
(g) COST SHARING.—Section 988 of the Energy Policy Act of
2005 (42 U.S.C. 16352) shall apply to a project carried out under
this section.
(h) DISCLOSURE.—The Secretary may, for a period of up to
5 years after an award is granted under this section, exempt from
mandatory disclosure under section 552 of title 5, United States
Code (popularly known as the Freedom of Information Act) information that the Secretary determines would be a privileged or confidential trade secret or commercial or financial information under subsection (b)(4) of such section if the information had been obtained
from a non-Government party.
(i) SENSE OF THE CONGRESS.—It is the sense of the Congress
that the Secretary should ensure that small businesses engaged
in renewable manufacturing be given priority consideration for the
assistance awards provided under this section.
(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated out of funds already authorized to carry out
this section $25,000,000 for each of fiscal years 2008 through 2013,
to remain available until expended.

Applicability.

TITLE VII—CARBON CAPTURE AND
SEQUESTRATION
Department of
Energy Carbon
Capture and
Sequestration
Research,
Development,
and
Demonstration
Act of 2007.
42 USC 17001
note.

Subtitle A—Carbon Capture and Sequestration Research, Development, and
Demonstration
SEC. 701. SHORT TITLE.

This subtitle may be cited as the ‘‘Department of Energy Carbon
Capture and Sequestration Research, Development, and Demonstration Act of 2007’’.

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SEC.

702.

CARBON CAPTURE AND SEQUESTRATION RESEARCH,
DEVELOPMENT, AND DEMONSTRATION PROGRAM.

(a) AMENDMENT.—Section 963 of the Energy Policy Act of 2005
(42 U.S.C. 16293) is amended—
(1) in the section heading, by striking ‘‘RESEARCH AND
DEVELOPMENT’’
and
inserting
‘‘AND
SEQUESTRATION
RESEARCH, DEVELOPMENT, AND DEMONSTRATION’’;

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121 STAT. 1705

(2) in subsection (a)—
(A) by striking ‘‘research and development’’ and
inserting ‘‘and sequestration research, development, and
demonstration’’; and
(B) by striking ‘‘capture technologies on combustionbased systems’’ and inserting ‘‘capture and sequestration
technologies related to industrial sources of carbon dioxide’’;
(3) in subsection (b)—
(A) in paragraph (3), by striking ‘‘and’’ at the end;
(B) in paragraph (4), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(5) to expedite and carry out large-scale testing of carbon
sequestration systems in a range of geologic formations that
will provide information on the cost and feasibility of deployment of sequestration technologies.’’; and
(4) by striking subsection (c) and inserting the following:
‘‘(c) PROGRAMMATIC ACTIVITIES.—
‘‘(1) FUNDAMENTAL SCIENCE AND ENGINEERING RESEARCH

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AND DEVELOPMENT AND DEMONSTRATION SUPPORTING CARBON
CAPTURE AND SEQUESTRATION TECHNOLOGIES AND CARBON USE
ACTIVITIES.—
‘‘(A) IN GENERAL.—The Secretary shall carry out funda-

mental science and engineering research (including laboratory-scale experiments, numeric modeling, and simulations)
to develop and document the performance of new
approaches to capture and sequester, or use carbon dioxide
to lead to an overall reduction of carbon dioxide emissions.
‘‘(B) PROGRAM INTEGRATION.—The Secretary shall
ensure that fundamental research carried out under this
paragraph is appropriately applied to energy technology
development activities, the field testing of carbon sequestration, and carbon use activities, including—
‘‘(i) development of new or advanced technologies
for the capture and sequestration of carbon dioxide;
‘‘(ii) development of new or advanced technologies
that reduce the cost and increase the efficacy of
advanced compression of carbon dioxide required for
the sequestration of carbon dioxide;
‘‘(iii) modeling and simulation of geologic sequestration field demonstrations;
‘‘(iv) quantitative assessment of risks relating to
specific field sites for testing of sequestration technologies;
‘‘(v) research and development of new and
advanced technologies for carbon use, including
recycling and reuse of carbon dioxide; and
‘‘(vi) research and development of new and
advanced technologies for the separation of oxygen
from air.
‘‘(2) FIELD VALIDATION TESTING ACTIVITIES.—
‘‘(A) IN GENERAL.—The Secretary shall promote, to the
maximum extent practicable, regional carbon sequestration
partnerships to conduct geologic sequestration tests
involving carbon dioxide injection and monitoring, mitigation, and verification operations in a variety of candidate
geologic settings, including—

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121 STAT. 1706

PUBLIC LAW 110–140—DEC. 19, 2007
‘‘(i) operating oil and gas fields;
‘‘(ii) depleted oil and gas fields;
‘‘(iii) unmineable coal seams;
‘‘(iv) deep saline formations;
‘‘(v) deep geologic systems that may be used as
engineered reservoirs to extract economical quantities
of heat from geothermal resources of low permeability
or porosity; and
‘‘(vi) deep geologic systems containing basalt
formations.
‘‘(B) OBJECTIVES.—The objectives of tests conducted
under this paragraph shall be—
‘‘(i) to develop and validate geophysical tools, analysis, and modeling to monitor, predict, and verify
carbon dioxide containment;
‘‘(ii) to validate modeling of geologic formations;
‘‘(iii) to refine sequestration capacity estimated for
particular geologic formations;
‘‘(iv) to determine the fate of carbon dioxide concurrent with and following injection into geologic formations;
‘‘(v) to develop and implement best practices for
operations relating to, and monitoring of, carbon
dioxide injection and sequestration in geologic formations;
‘‘(vi) to assess and ensure the safety of operations
related to geologic sequestration of carbon dioxide;
‘‘(vii) to allow the Secretary to promulgate policies,
procedures, requirements, and guidance to ensure that
the objectives of this subparagraph are met in largescale testing and deployment activities for carbon capture and sequestration that are funded by the Department of Energy; and
‘‘(viii) to provide information to States, the
Environmental Protection Agency, and other appropriate entities to support development of a regulatory
framework for commercial-scale sequestration operations that ensure the protection of human health and
the environment.
‘‘(3) LARGE-SCALE CARBON DIOXIDE SEQUESTRATION
TESTING.—
‘‘(A) IN GENERAL.—The Secretary shall conduct not less
than 7 initial large-scale sequestration tests, not including
the FutureGen project, for geologic containment of carbon
dioxide to collect and validate information on the cost and
feasibility of commercial deployment of technologies for
geologic containment of carbon dioxide. These 7 tests may
include any Regional Partnership projects awarded as of
the date of enactment of the Department of Energy Carbon
Capture and Sequestration Research, Development, and
Demonstration Act of 2007.
‘‘(B) DIVERSITY OF FORMATIONS TO BE STUDIED.—In
selecting formations for study under this paragraph, the
Secretary shall consider a variety of geologic formations
across the United States, and require characterization and
modeling of candidate formations, as determined by the
Secretary.

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‘‘(C) SOURCE OF CARBON DIOXIDE FOR LARGE-SCALE
SEQUESTRATION TESTS.—In the process of any acquisition

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of carbon dioxide for sequestration tests under subparagraph (A), the Secretary shall give preference to sources
of carbon dioxide from industrial sources. To the extent
feasible, the Secretary shall prefer tests that would facilitate the creation of an integrated system of capture,
transportation and sequestration of carbon dioxide. The
preference provided for under this subparagraph shall not
delay the implementation of the large-scale sequestration
tests under this paragraph.
‘‘(D) DEFINITION.—For purposes of this paragraph, the
term ‘large-scale’ means the injection of more than
1,000,000 tons of carbon dioxide from industrial sources
annually or a scale that demonstrates the ability to inject
and sequester several million metric tons of industrial
source carbon dioxide for a large number of years.
‘‘(4) PREFERENCE IN PROJECT SELECTION FROM MERITORIOUS
PROPOSALS.—In making competitive awards under this subsection, subject to the requirements of section 989, the Secretary
shall—
‘‘(A) give preference to proposals from partnerships
among industrial, academic, and government entities; and
‘‘(B) require recipients to provide assurances that all
laborers and mechanics employed by contractors and subcontractors in the construction, repair, or alteration of new
or existing facilities performed in order to carry out a
demonstration or commercial application activity authorized under this subsection shall be paid wages at rates
not less than those prevailing on similar construction in
the locality, as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of title 40,
United States Code, and the Secretary of Labor shall, with
respect to the labor standards in this paragraph, have
the authority and functions set forth in Reorganization
Plan Numbered 14 of 1950 (15 Fed. Reg. 3176; 5 U.S.C.
Appendix) and section 3145 of title 40, United States Code.
‘‘(5) COST SHARING.—Activities under this subsection shall
be considered research and development activities that are
subject to the cost sharing requirements of section 988(b).
‘‘(6) PROGRAM REVIEW AND REPORT.—During fiscal year
2011, the Secretary shall—
‘‘(A) conduct a review of programmatic activities carried
out under this subsection; and
‘‘(B) make recommendations with respect to continuation of the activities.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section—
‘‘(1) $240,000,000 for fiscal year 2008;
‘‘(2) $240,000,000 for fiscal year 2009;
‘‘(3) $240,000,000 for fiscal year 2010;
‘‘(4) $240,000,000 for fiscal year 2011; and
‘‘(5) $240,000,000 for fiscal year 2012.’’.

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PUBLIC LAW 110–140—DEC. 19, 2007

(b) TABLE OF CONTENTS AMENDMENT.—The item relating to
section 963 in the table of contents for the Energy Policy Act
of 2005 is amended to read as follows:
‘‘Sec. 963. Carbon capture and sequestration research, development, and demonstration program.’’.
42 USC 17251.

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Applicability.

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SEC. 703. CARBON CAPTURE.

(a) PROGRAM ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary shall carry out a program
to demonstrate technologies for the large-scale capture of carbon
dioxide from industrial sources. In making awards under this
program, the Secretary shall select, as appropriate, a diversity
of capture technologies to address the need to capture carbon
dioxide from a range of industrial sources.
(2) SCOPE OF AWARD.—Awards under this section shall
be only for the portion of the project that—
(A) carries out the large-scale capture (including purification and compression) of carbon dioxide from industrial
sources;
(B) provides for the transportation and injection of
carbon dioxide; and
(C) incorporates a comprehensive measurement, monitoring, and validation program.
(3) PREFERENCES FOR AWARD.—To ensure reduced carbon
dioxide emissions, the Secretary shall take necessary actions
to provide for the integration of the program under this paragraph with the large-scale carbon dioxide sequestration tests
described in section 963(c)(3) of the Energy Policy Act of 2005
(42 U.S.C. 16293(c)(3)), as added by section 702 of this subtitle.
These actions should not delay implementation of these tests.
The Secretary shall give priority consideration to projects with
the following characteristics:
(A) CAPACITY.—Projects that will capture a high
percentage of the carbon dioxide in the treated stream
and large volumes of carbon dioxide as determined by
the Secretary.
(B) SEQUESTRATION.—Projects that capture carbon
dioxide from industrial sources that are near suitable
geological reservoirs and could continue sequestration
including—
(i) a field testing validation activity under section
963 of the Energy Policy Act of 2005 (42 U.S.C. 16293),
as amended by this Act; or
(ii) other geologic sequestration projects approved
by the Secretary.
(4) REQUIREMENT.—For projects that generate carbon
dioxide that is to be sequestered, the carbon dioxide stream
shall be of a sufficient purity level to allow for safe transport
and sequestration.
(5) COST-SHARING.—The cost-sharing requirements of section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352)
for research and development projects shall apply to this section.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$200,000,000 per year for fiscal years 2009 through 2013.

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1709

SEC. 704. REVIEW OF LARGE-SCALE PROGRAMS.

42 USC 17252.

The Secretary shall enter into an arrangement with the
National Academy of Sciences for an independent review and oversight, beginning in 2011, of the programs under section 963(c)(3)
of the Energy Policy Act of 2005 (42 U.S.C. 16293(c)(3)), as added
by section 702 of this subtitle, and under section 703 of this subtitle,
to ensure that the benefits of such programs are maximized. Not
later than January 1, 2012, the Secretary shall transmit to the
Congress a report on the results of such review and oversight.

Contracts.

SEC. 705. GEOLOGIC SEQUESTRATION TRAINING AND RESEARCH.

42 USC 17253.

(a) STUDY.—
(1) IN GENERAL.—The Secretary shall enter into an arrangement with the National Academy of Sciences to undertake
a study that—
(A) defines an interdisciplinary program in geology,
engineering, hydrology, environmental science, and related
disciplines that will support the Nation’s capability to capture and sequester carbon dioxide from anthropogenic
sources;
(B) addresses undergraduate and graduate education,
especially to help develop graduate level programs of
research and instruction that lead to advanced degrees
with emphasis on geologic sequestration science;
(C) develops guidelines for proposals from colleges and
universities with substantial capabilities in the required
disciplines that seek to implement geologic sequestration
science programs that advance the Nation’s capacity to
address carbon management through geologic sequestration
science; and
(D) outlines a budget and recommendations for how
much funding will be necessary to establish and carry
out the grant program under subsection (b).
(2) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall transmit to the Congress
a copy of the results of the study provided by the National
Academy of Sciences under paragraph (1).
(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary for carrying out this
subsection $1,000,000 for fiscal year 2008.
(b) GRANT PROGRAM.—
(1) ESTABLISHMENT.—The Secretary shall establish a
competitive grant program through which colleges and universities may apply for and receive 4-year grants for—
(A) salary and startup costs for newly designated faculty positions in an integrated geologic carbon sequestration science program; and
(B) internships for graduate students in geologic
sequestration science.
(2) RENEWAL.—Grants under this subsection shall be
renewable for up to 2 additional 3-year terms, based on performance criteria, established by the National Academy of Sciences
study conducted under subsection (a), that include the number
of graduates of such programs.
(3) INTERFACE WITH REGIONAL GEOLOGIC CARBON SEQUESTRATION PARTNERSHIPS.—To the greatest extent possible, geologic carbon sequestration science programs supported under

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this subsection shall interface with the research of the Regional
Carbon Sequestration Partnerships operated by the Department
to provide internships and practical training in carbon capture
and geologic sequestration.
(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary for carrying out this
subsection such sums as may be necessary.

42 USC 17254.

SEC. 706. RELATION TO SAFE DRINKING WATER ACT.

The injection and geologic sequestration of carbon dioxide
pursuant to this subtitle and the amendments made by this subtitle
shall be subject to the requirements of the Safe Drinking Water
Act (42 U.S.C. 300f et seq.), including the provisions of part C
of such Act (42 U.S.C. 300h et seq.; relating to protection of underground sources of drinking water). Nothing in this subtitle and
the amendments made by this subtitle imposes or authorizes the
promulgation of any requirement that is inconsistent or in conflict
with the requirements of the Safe Drinking Water Act (42 U.S.C.
300f et seq.) or regulations thereunder.
42 USC 17255.

SEC. 707. SAFETY RESEARCH.

(a) PROGRAM.—The Administrator of the Environmental Protection Agency shall conduct a research program to address public
health, safety, and environmental impacts that may be associated
with capture, injection, and sequestration of greenhouse gases in
geologic reservoirs.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated for carrying out this section $5,000,000 for
each fiscal year.
42 USC 17256.

SEC. 708. UNIVERSITY BASED RESEARCH AND DEVELOPMENT GRANT
PROGRAM.

(a) ESTABLISHMENT.—The Secretary, in consultation with other
appropriate agencies, shall establish a university based research
and development program to study carbon capture and sequestration using the various types of coal.
(b) RURAL AND AGRICULTURAL INSTITUTIONS.—The Secretary
shall give special consideration to rural or agricultural based
institutions in areas that have regional sources of coal and that
offer interdisciplinary programs in the area of environmental science
to study carbon capture and sequestration.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are to be
authorized to be appropriated $10,000,000 to carry out this section.

Subtitle B—Carbon Capture and
Sequestration Assessment and Framework

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42 USC 17271.

SEC. 711. CARBON DIOXIDE SEQUESTRATION CAPACITY ASSESSMENT.

(a) DEFINITIONS.—In this section—
(1) ASSESSMENT.—The term ‘‘assessment’’ means the
national assessment of onshore capacity for carbon dioxide completed under subsection (f).
(2) CAPACITY.—The term ‘‘capacity’’ means the portion of
a sequestration formation that can retain carbon dioxide in
accordance with the requirements (including physical,

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geological, and economic requirements) established under the
methodology developed under subsection (b).
(3) ENGINEERED HAZARD.—The term ‘‘engineered hazard’’
includes the location and completion history of any well that
could affect potential sequestration.
(4) RISK.—The term ‘‘risk’’ includes any risk posed by
geomechanical, geochemical, hydrogeological, structural, and
engineered hazards.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior, acting through the Director of the United States
Geological Survey.
(6) SEQUESTRATION FORMATION.—The term ‘‘sequestration
formation’’ means a deep saline formation, unmineable coal
seam, or oil or gas reservoir that is capable of accommodating
a volume of industrial carbon dioxide.
(b) METHODOLOGY.—Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a methodology
for conducting an assessment under subsection (f), taking into
consideration—
(1) the geographical extent of all potential sequestration
formations in all States;
(2) the capacity of the potential sequestration formations;
(3) the injectivity of the potential sequestration formations;
(4) an estimate of potential volumes of oil and gas recoverable by injection and sequestration of industrial carbon dioxide
in potential sequestration formations;
(5) the risk associated with the potential sequestration
formations; and
(6) the work done to develop the Carbon Sequestration
Atlas of the United States and Canada that was completed
by the Department.
(c) COORDINATION.—
(1) FEDERAL COORDINATION.—
(A) CONSULTATION.—The Secretary shall consult with
the Secretary of Energy and the Administrator of the
Environmental Protection Agency on issues of data sharing,
format, development of the methodology, and content of
the assessment required under this section to ensure the
maximum usefulness and success of the assessment.
(B) COOPERATION.—The Secretary of Energy and the
Administrator shall cooperate with the Secretary to ensure,
to the maximum extent practicable, the usefulness and
success of the assessment.
(2) STATE COORDINATION.—The Secretary shall consult with
State geological surveys and other relevant entities to ensure,
to the maximum extent practicable, the usefulness and success
of the assessment.
(d) EXTERNAL REVIEW AND PUBLICATION.—On completion of
the methodology under subsection (b), the Secretary shall—
(1) publish the methodology and solicit comments from
the public and the heads of affected Federal and State agencies;
(2) establish a panel of individuals with expertise in the
matters described in paragraphs (1) through (5) of subsection
(b) composed, as appropriate, of representatives of Federal agencies, institutions of higher education, nongovernmental
organizations, State organizations, industry, and international

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geoscience organizations to review the methodology and comments received under paragraph (1); and
(3) on completion of the review under paragraph (2), publish
in the Federal Register the revised final methodology.
(e) PERIODIC UPDATES.—The methodology developed under this
section shall be updated periodically (including at least once every
5 years) to incorporate new data as the data becomes available.
(f) NATIONAL ASSESSMENT.—
(1) IN GENERAL.—Not later than 2 years after the date
of publication of the methodology under subsection (d)(1), the
Secretary, in consultation with the Secretary of Energy and
State geological surveys, shall complete a national assessment
of capacity for carbon dioxide in accordance with the methodology.
(2) GEOLOGICAL VERIFICATION.—As part of the assessment
under this subsection, the Secretary shall carry out a drilling
program to supplement the geological data relevant to determining sequestration capacity of carbon dioxide in geological
sequestration formations, including—
(A) well log data;
(B) core data; and
(C) fluid sample data.
(3) PARTNERSHIP WITH OTHER DRILLING PROGRAMS.—As part
of the drilling program under paragraph (2), the Secretary
shall enter, as appropriate, into partnerships with other entities
to collect and integrate data from other drilling programs relevant to the sequestration of carbon dioxide in geological formations.
(4) INCORPORATION INTO NATCARB.—
(A) IN GENERAL.—On completion of the assessment,
the Secretary of Energy and the Secretary of the Interior
shall incorporate the results of the assessment using—
(i) the NatCarb database, to the maximum extent
practicable; or
(ii) a new database developed by the Secretary
of Energy, as the Secretary of Energy determines to
be necessary.
(B) RANKING.—The database shall include the data
necessary to rank potential sequestration sites for capacity
and risk, across the United States, within each State, by
formation, and within each basin.
(5) REPORT.—Not later than 180 days after the date on
which the assessment is completed, the Secretary shall submit
to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House
of Representatives a report describing the findings under the
assessment.
(6) PERIODIC UPDATES.—The national assessment developed
under this section shall be updated periodically (including at
least once every 5 years) to support public and private sector
decisionmaking.
(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $30,000,000 for the
period of fiscal years 2008 through 2012.

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SEC. 712. ASSESSMENT OF CARBON SEQUESTRATION AND METHANE
AND NITROUS OXIDE EMISSIONS FROM ECOSYSTEMS.

(a) DEFINITIONS.—In this section:
(1) ADAPTATION STRATEGY.—The term ‘‘adaptation strategy’’
means a land use and management strategy that can be used—
(A) to increase the sequestration capabilities of covered
greenhouse gases of any ecosystem; or
(B) to reduce the emissions of covered greenhouse gases
from any ecosystem.
(2) ASSESSMENT.—The term ‘‘assessment’’ means the
national assessment authorized under subsection (b).
(3) COVERED GREENHOUSE GAS.—The term ‘‘covered greenhouse gas’’ means carbon dioxide, nitrous oxide, and methane
gas.
(4) ECOSYSTEM.—The term ‘‘ecosystem’’ means any terrestrial, freshwater aquatic, or coastal ecosystem, including an
estuary.
(5) NATIVE PLANT SPECIES.—The term ‘‘native plant species’’
means any noninvasive, naturally occurring plant species
within an ecosystem.
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(b) AUTHORIZATION OF ASSESSMENT.—Not later than 2 years
after the date on which the final methodology is published under
subsection (f)(3)(D), the Secretary shall complete a national assessment of—
(1) the quantity of carbon stored in and released from
ecosystems, including from man-caused and natural fires; and
(2) the annual flux of covered greenhouse gases in and
out of ecosystems.
(c) COMPONENTS.—In conducting the assessment under subsection (b), the Secretary shall—
(1) determine the processes that control the flux of covered
greenhouse gases in and out of each ecosystem;
(2) estimate the potential for increasing carbon sequestration in natural and managed ecosystems through management
activities or restoration activities in each ecosystem;
(3) develop near-term and long-term adaptation strategies
or mitigation strategies that can be employed—
(A) to enhance the sequestration of carbon in each
ecosystem;
(B) to reduce emissions of covered greenhouse gases
from ecosystems; and
(C) to adapt to climate change; and
(4) estimate the annual carbon sequestration capacity of
ecosystems under a range of policies in support of management
activities to optimize sequestration.
(d) USE OF NATIVE PLANT SPECIES.—In developing restoration
activities under subsection (c)(2) and management strategies and
adaptation strategies under subsection (c)(3), the Secretary shall
emphasize the use of native plant species (including mixtures of
many native plant species) for sequestering covered greenhouse
gas in each ecosystem.
(e) CONSULTATION.—
(1) IN GENERAL.—In conducting the assessment under subsection (b) and developing the methodology under subsection
(f), the Secretary shall consult with—

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(A) the Secretary of Energy;
(B) the Secretary of Agriculture;
(C) the Administrator of the Environmental Protection
Agency;
(D) the Secretary of Commerce, acting through the
Under Secretary for Oceans and Atmosphere; and
(E) the heads of other relevant agencies.
(2) OCEAN AND COASTAL ECOSYSTEMS.—In carrying out this
section with respect to ocean and coastal ecosystems (including
estuaries), the Secretary shall work jointly with the Secretary
of Commerce, acting through the Under Secretary for Oceans
and Atmosphere.
(f) METHODOLOGY.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall develop a methodology for conducting the assessment.
(2) REQUIREMENTS.—The methodology developed under
paragraph (1)—
(A) shall—
(i) determine the method for measuring, monitoring, and quantifying covered greenhouse gas emissions and reductions;
(ii) estimate the total capacity of each ecosystem
to sequester carbon; and
(iii) estimate the ability of each ecosystem to
reduce emissions of covered greenhouse gases through
management practices; and
(B) may employ economic and other systems models,
analyses, and estimates, to be developed in consultation
with each of the individuals described in subsection (e).
(3) EXTERNAL REVIEW AND PUBLICATION.—On completion
of a proposed methodology, the Secretary shall—
(A) publish the proposed methodology;
(B) at least 60 days before the date on which the
final methodology is published, solicit comments from—
(i) the public; and
(ii) heads of affected Federal and State agencies;
(C) establish a panel to review the proposed methodology published under subparagraph (A) and any comments
received under subparagraph (B), to be composed of members—
(i) with expertise in the matters described in subsections (c) and (d); and
(ii) that are, as appropriate, representatives of Federal agencies, institutions of higher education, nongovernmental organizations, State organizations,
industry, and international organizations; and
(D) on completion of the review under subparagraph
(C), publish in the Federal Register the revised final methodology.
(g) ESTIMATE; REVIEW.—The Secretary shall—
(1) based on the assessment, prescribe the data, information, and analysis needed to establish a scientifically sound
estimate of the carbon sequestration capacity of relevant ecosystems; and
(2) not later than 180 days after the date on which the
assessment is completed, submit to the heads of applicable

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Federal agencies and the appropriate committees of Congress
a report that describes the results of the assessment.
(h) DATA AND REPORT AVAILABILITY.—On completion of the
assessment, the Secretary shall incorporate the results of the assessment into a web-accessible database for public use.
(i) AUTHORIZATION.—There is authorized to be appropriated
to carry out this section $20,000,000 for the period of fiscal years
2008 through 2012.

Public
information.
Website.

SEC. 713. CARBON DIOXIDE SEQUESTRATION INVENTORY.

Section 354 of the Energy Policy Act of 2005 (42 U.S.C. 15910)
is amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
‘‘(d) RECORDS AND INVENTORY.—The Secretary of the Interior,
acting through the Bureau of Land Management, shall maintain
records on, and an inventory of, the quantity of carbon dioxide
stored within Federal mineral leaseholds.’’.

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SEC. 714. FRAMEWORK FOR GEOLOGICAL CARBON SEQUESTRATION
ON PUBLIC LAND.

(a) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Secretary of the Interior shall submit to the Committee on Natural Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate
a report on a recommended framework for managing geological
carbon sequestration activities on public land.
(b) CONTENTS.—The report required by subsection (a) shall
include the following:
(1) Recommended criteria for identifying candidate
geological sequestration sites in each of the following types
of geological settings:
(A) Operating oil and gas fields.
(B) Depleted oil and gas fields.
(C) Unmineable coal seams.
(D) Deep saline formations.
(E) Deep geological systems that may be used as engineered reservoirs to extract economical quantities of heat
from geothermal resources of low permeability or porosity.
(F) Deep geological systems containing basalt formations.
(G) Coalbeds being used for methane recovery.
(2) A proposed regulatory framework for the leasing of
public land or an interest in public land for the long-term
geological sequestration of carbon dioxide, which includes an
assessment of options to ensure that the United States receives
fair market value for the use of public land or an interest
in public land for geological sequestration.
(3) A proposed procedure for ensuring that any geological
carbon sequestration activities on public land—
(A) provide for public review and comment from all
interested persons; and
(B) protect the quality of natural and cultural resources
of the public land overlaying a geological sequestration
site.
(4) A description of the status of Federal leasehold or
Federal mineral estate liability issues related to the geological
subsurface trespass of or caused by carbon dioxide stored in

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public land, including any relevant experience from enhanced
oil recovery using carbon dioxide on public land.
(5) Recommendations for additional legislation that may
be required to ensure that public land management and leasing
laws are adequate to accommodate the long-term geological
sequestration of carbon dioxide.
(6) An identification of the legal and regulatory issues
specific to carbon dioxide sequestration on land in cases in
which title to mineral resources is held by the United States
but title to the surface estate is not held by the United States.
(7)(A) An identification of the issues specific to the issuance
of pipeline rights-of-way on public land under the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.) for
natural or anthropogenic carbon dioxide.
(B) Recommendations for additional legislation that may
be required to clarify the appropriate framework for issuing
rights-of-way for carbon dioxide pipelines on public land.
(c) CONSULTATION WITH OTHER AGENCIES.—In preparing the
report under this section, the Secretary of the Interior shall coordinate with—
(1) the Administrator of the Environmental Protection
Agency;
(2) the Secretary of Energy; and
(3) the heads of other appropriate agencies.
(d) COMPLIANCE WITH SAFE DRINKING WATER ACT.—The Secretary shall ensure that all recommendations developed under this
section are in compliance with all Federal environmental laws,
including the Safe Drinking Water Act (42 U.S.C. 300f et seq.)
and regulations under that Act.

TITLE VIII—IMPROVED MANAGEMENT
OF ENERGY POLICY
Subtitle A—Management Improvements

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42 USC 17281.

SEC. 801. NATIONAL MEDIA CAMPAIGN.

(a) IN GENERAL.—The Secretary, acting through the Assistant
Secretary for Energy Efficiency and Renewable Energy (referred
to in this section as the ‘‘Secretary’’), shall develop and conduct
a national media campaign—
(1) to increase energy efficiency throughout the economy
of the United States during the 10-year period beginning on
the date of enactment of this Act;
(2) to promote the national security benefits associated
with increased energy efficiency; and
(3) to decrease oil consumption in the United States during
the 10-year period beginning on the date of enactment of this
Act.
(b) CONTRACT WITH ENTITY.—The Secretary shall carry out
subsection (a) directly or through—
(1) competitively bid contracts with 1 or more nationally
recognized media firms for the development and distribution
of monthly television, radio, and newspaper public service
announcements; or

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(2) collective agreements with 1 or more nationally recognized institutes, businesses, or nonprofit organizations for the
funding, development, and distribution of monthly television,
radio, and newspaper public service announcements.
(c) USE OF FUNDS.—
(1) IN GENERAL.—Amounts made available to carry out
this section shall be used for—
(A) advertising costs, including—
(i) the purchase of media time and space;
(ii) creative and talent costs;
(iii) testing and evaluation of advertising; and
(iv) evaluation of the effectiveness of the media
campaign; and
(B) administrative costs, including operational and
management expenses.
(2) LIMITATIONS.—In carrying out this section, the Secretary shall allocate not less than 85 percent of funds made
available under subsection (e) for each fiscal year for the advertising functions specified under paragraph (1)(A).
(d) REPORTS.—The Secretary shall annually submit to Congress
a report that describes—
(1) the strategy of the national media campaign and
whether specific objectives of the campaign were accomplished,
including—
(A) determinations concerning the rate of change of
energy consumption, in both absolute and per capita terms;
and
(B) an evaluation that enables consideration of whether
the media campaign contributed to reduction of energy
consumption;
(2) steps taken to ensure that the national media campaign
operates in an effective and efficient manner consistent with
the overall strategy and focus of the campaign;
(3) plans to purchase advertising time and space;
(4) policies and practices implemented to ensure that Federal funds are used responsibly to purchase advertising time
and space and eliminate the potential for waste, fraud, and
abuse; and
(5) all contracts or cooperative agreements entered into
with a corporation, partnership, or individual working on behalf
of the national media campaign.
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section $5,000,000 for each of fiscal years
2008 through 2012.
(2) DECREASED OIL CONSUMPTION.—The Secretary shall use
not less than 50 percent of the amount that is made available
under this section for each fiscal year to develop and conduct
a national media campaign to decrease oil consumption in
the United States over the next decade.

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SEC. 802. ALASKA NATURAL GAS PIPELINE ADMINISTRATION.

Section 106 of the Alaska Natural Gas Pipeline Act (15 U.S.C.
720d) is amended by adding at the end the following:
‘‘(h) ADMINISTRATION.—
‘‘(1) PERSONNEL APPOINTMENTS.—

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‘‘(A) IN GENERAL.—The Federal Coordinator may
appoint and terminate such personnel as the Federal
Coordinator determines to be appropriate.
‘‘(B) AUTHORITY OF FEDERAL COORDINATOR.—Personnel
appointed by the Federal Coordinator under subparagraph
(A) shall be appointed without regard to the provisions
of title 5, United States Code, governing appointments
in the competitive service.
‘‘(2) COMPENSATION.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), personnel appointed by the Federal Coordinator under paragraph (1)(A) shall be paid without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title
5, United States Code (relating to classification and General Schedule pay rates).
‘‘(B) MAXIMUM LEVEL OF COMPENSATION.—The rate of
pay for personnel appointed by the Federal Coordinator
under paragraph (1)(A) shall not exceed the maximum
level of rate payable for level III of the Executive Schedule
(5 U.S.C. 5314).
‘‘(C) ALLOWANCES.—Section 5941 of title 5, United
States Code, shall apply to personnel appointed by the
Federal Coordinator under paragraph (1)(A).
‘‘(3) TEMPORARY SERVICES.—
‘‘(A) IN GENERAL.—The Federal Coordinator may procure temporary and intermittent services in accordance
with section 3109(b) of title 5, United States Code.
‘‘(B) MAXIMUM LEVEL OF COMPENSATION.—The level of
compensation of an individual employed on a temporary
or intermittent basis under subparagraph (A) shall not
exceed the maximum level of rate payable for level III
of the Executive Schedule (5 U.S.C. 5314).
‘‘(4) FEES, CHARGES, AND COMMISSIONS.—
‘‘(A) IN GENERAL.—With respect to the duties of the
Federal Coordinator, as described in this Act, the Federal
Coordinator shall have similar authority to establish,
change, and abolish reasonable filing and service fees,
charges, and commissions, require deposits of payments,
and provide refunds as provided to the Secretary of the
Interior in section 304 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1734).
‘‘(B) AUTHORITY OF SECRETARY OF THE INTERIOR.—
Subparagraph (A) shall not affect the authority of the
Secretary of the Interior to establish, change, and abolish
reasonable filing and service fees, charges, and commissions, require deposits of payments, and provide refunds
under section 304 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1734).
‘‘(C) USE OF FUNDS.—The Federal Coordinator is
authorized to use, without further appropriation, amounts
collected under subparagraph (A) to carry out this section.’’.

Applicability.

42 USC 17282.

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PUBLIC LAW 110–140—DEC. 19, 2007

SEC. 803. RENEWABLE ENERGY DEPLOYMENT.

(a) DEFINITIONS.—In this section:
(1) ALASKA SMALL HYDROELECTRIC POWER.—The term
‘‘Alaska small hydroelectric power’’ means power that—
(A) is generated—

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(i) in the State of Alaska;
(ii) without the use of a dam or impoundment
of water; and
(iii) through the use of—
(I) a lake tap (but not a perched alpine lake);
or
(II) a run-of-river screened at the point of
diversion; and
(B) has a nameplate capacity rating of a wattage that
is not more than 15 megawatts.
(2) ELIGIBLE APPLICANT.—The term ‘‘eligible applicant’’
means any—
(A) governmental entity;
(B) private utility;
(C) public utility;
(D) municipal utility;
(E) cooperative utility;
(F) Indian tribes; and
(G) Regional Corporation (as defined in section 3 of
the Alaska Native Claims Settlement Act (43 U.S.C. 1602)).
(3) OCEAN ENERGY.—
(A) INCLUSIONS.—The term ‘‘ocean energy’’ includes
current, wave, and tidal energy.
(B) EXCLUSION.—The term ‘‘ocean energy’’ excludes
thermal energy.
(4) RENEWABLE ENERGY PROJECT.—The term ‘‘renewable
energy project’’ means a project—
(A) for the commercial generation of electricity; and
(B) that generates electricity from—
(i) solar, wind, or geothermal energy or ocean
energy;
(ii) biomass (as defined in section 203(b) of the
Energy Policy Act of 2005 (42 U.S.C. 15852(b)));
(iii) landfill gas; or
(iv) Alaska small hydroelectric power.
(b) RENEWABLE ENERGY CONSTRUCTION GRANTS.—
(1) IN GENERAL.—The Secretary shall use amounts appropriated under this section to make grants for use in carrying
out renewable energy projects.
(2) CRITERIA.—Not later than 180 days after the date of
enactment of this Act, the Secretary shall set forth criteria
for use in awarding grants under this section.
(3) APPLICATION.—To receive a grant from the Secretary
under paragraph (1), an eligible applicant shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require,
including a written assurance that—
(A) all laborers and mechanics employed by contractors
or subcontractors during construction, alteration, or repair
that is financed, in whole or in part, by a grant under
this section shall be paid wages at rates not less than
those prevailing on similar construction in the locality,
as determined by the Secretary of Labor in accordance
with sections 3141–3144, 3146, and 3147 of title 40, United
States Code; and
(B) the Secretary of Labor shall, with respect to the
labor standards described in this paragraph, have the

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authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (5 U.S.C. App.) and section 3145
of title 40, United States Code.
(4) NON-FEDERAL SHARE.—Each eligible applicant that
receives a grant under this subsection shall contribute to the
total cost of the renewable energy project constructed by the
eligible applicant an amount not less than 50 percent of the
total cost of the project.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Fund such sums as are necessary to
carry out this section.
42 USC 17283.

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Deadlines.
Reports.

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SEC. 804. COORDINATION OF PLANNED REFINERY OUTAGES.

(a) DEFINITIONS.—In this section:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Energy Information Administration.
(2) PLANNED REFINERY OUTAGE.—
(A) IN GENERAL.—The term ‘‘planned refinery outage’’
means a removal, scheduled before the date on which the
removal occurs, of a refinery, or any unit of a refinery,
from service for maintenance, repair, or modification.
(B) EXCLUSION.—The term ‘‘planned refinery outage’’
does not include any necessary and unplanned removal
of a refinery, or any unit of a refinery, from service as
a result of a component failure, safety hazard, emergency,
or action reasonably anticipated to be necessary to prevent
such events.
(3) REFINED PETROLEUM PRODUCT.—The term ‘‘refined
petroleum product’’ means any gasoline, diesel fuel, fuel oil,
lubricating oil, liquid petroleum gas, or other petroleum distillate that is produced through the refining or processing of
crude oil or an oil derived from tar sands, shale, or coal.
(4) REFINERY.—The term ‘‘refinery’’ means a facility used
in the production of a refined petroleum product through distillation, cracking, or any other process.
(b) REVIEW AND ANALYSIS OF AVAILABLE INFORMATION.—The
Administrator shall, on an ongoing basis—
(1) review information on refinery outages that is available
from commercial reporting services;
(2) analyze that information to determine whether the
scheduling of a refinery outage may nationally or regionally
substantially affect the price or supply of any refined petroleum
product by—
(A) decreasing the production of the refined petroleum
product; and
(B) causing or contributing to a retail or wholesale
supply shortage or disruption;
(3) not less frequently than twice each year, submit to
the Secretary a report describing the results of the review
and analysis under paragraphs (1) and (2); and
(4) specifically alert the Secretary of any refinery outage
that the Administrator determines may nationally or regionally
substantially affect the price or supply of a refined petroleum
product.
(c) ACTION BY SECRETARY.—On a determination by the Secretary, based on a report or alert under paragraph (3) or (4) of
subsection (b), that a refinery outage may affect the price or supply

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of a refined petroleum product, the Secretary shall make available
to refinery operators information on planned refinery outages to
encourage reductions of the quantity of refinery capacity that is
out of service at any time.
(d) LIMITATION.—Nothing in this section shall alter any existing
legal obligation or responsibility of a refinery operator, or create
any legal right of action, nor shall this section authorize the Secretary—
(1) to prohibit a refinery operator from conducting a
planned refinery outage; or
(2) to require a refinery operator to continue to operate
a refinery.

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SEC. 805. ASSESSMENT OF RESOURCES.

42 USC 17284.

(a) 5-YEAR PLAN.—
(1) ESTABLISHMENT.—The Administrator of the Energy
Information Administration (referred to in this section as the
‘‘Administrator’’) shall establish a 5-year plan to enhance the
quality and scope of the data collection necessary to ensure
the scope, accuracy, and timeliness of the information needed
for efficient functioning of energy markets and related financial
operations.
(2) REQUIREMENT.—In establishing the plan under paragraph (1), the Administrator shall pay particular attention to—
(A) data series terminated because of budget constraints;
(B) data on demand response;
(C) timely data series of State-level information;
(D) improvements in the area of oil and gas data;
(E) improvements in data on solid byproducts from
coal-based energy-producing facilities; and
(F) the ability to meet applicable deadlines under Federal law (including regulations) to provide data required
by Congress.
(b) SUBMISSION TO CONGRESS.—The Administrator shall submit
to Congress the plan established under subsection (a), including
a description of any improvements needed to enhance the ability
of the Administrator to collect and process energy information in
a manner consistent with the needs of energy markets.
(c) GUIDELINES.—
(1) IN GENERAL.—The Administrator shall—
(A) establish guidelines to ensure the quality, comparability, and scope of State energy data, including data
on energy production and consumption by product and
sector and renewable and alternative sources, required to
provide a comprehensive, accurate energy profile at the
State level;
(B) share company-level data collected at the State
level with each State involved, in a manner consistent
with the legal authorities, confidentiality protections, and
stated uses in effect at the time the data were collected,
subject to the condition that the State shall agree to reasonable requirements for use of the data, as the Administrator
may require;
(C) assess any existing gaps in data obtained and
compiled by the Energy Information Administration; and

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(D) evaluate the most cost-effective ways to address
any data quality and quantity issues in conjunction with
State officials.
(2) CONSULTATION.—The Administrator shall consult with
State officials and the Federal Energy Regulatory Commission
on a regular basis in—
(A) establishing guidelines and determining the scope
of State-level data under paragraph (1); and
(B) exploring ways to address data needs and serve
data uses.
(d) ASSESSMENT OF STATE DATA NEEDS.—Not later than 1
year after the date of enactment of this Act, the Administrator
shall submit to Congress an assessment of State-level data needs,
including a plan to address the needs.
(e) AUTHORIZATION OF APPROPRIATIONS.—In addition to any
other amounts made available to the Administrator, there are
authorized to be appropriated to the Administrator to carry out
this section—
(1) $10,000,000 for fiscal year 2008;
(2) $10,000,000 for fiscal year 2009;
(3) $10,000,000 for fiscal year 2010;
(4) $15,000,000 for fiscal year 2011;
(5) $20,000,000 for fiscal year 2012; and
(6) such sums as are necessary for subsequent fiscal years.

Deadline.

42 USC 17285.

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SEC. 806. SENSE OF CONGRESS RELATING TO THE USE OF RENEWABLE
RESOURCES TO GENERATE ENERGY.

(a) FINDINGS.—Congress finds that—
(1) the United States has a quantity of renewable energy
resources that is sufficient to supply a significant portion of
the energy needs of the United States;
(2) the agricultural, forestry, and working land of the
United States can help ensure a sustainable domestic energy
system;
(3) accelerated development and use of renewable energy
technologies provide numerous benefits to the United States,
including improved national security, improved balance of payments, healthier rural economies, improved environmental
quality, and abundant, reliable, and affordable energy for all
citizens of the United States;
(4) the production of transportation fuels from renewable
energy would help the United States meet rapidly growing
domestic and global energy demands, reduce the dependence
of the United States on energy imported from volatile regions
of the world that are politically unstable, stabilize the cost
and availability of energy, and safeguard the economy and
security of the United States;
(5) increased energy production from domestic renewable
resources would attract substantial new investments in energy
infrastructure, create economic growth, develop new jobs for
the citizens of the United States, and increase the income
for farm, ranch, and forestry jobs in the rural regions of the
United States;
(6) increased use of renewable energy is practical and can
be cost effective with the implementation of supportive policies
and proper incentives to stimulate markets and infrastructure;
and

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(7) public policies aimed at enhancing renewable energy
production and accelerating technological improvements will
further reduce energy costs over time and increase market
demand.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
it is the goal of the United States that, not later than January
1, 2025, the agricultural, forestry, and working land of the United
States should—
(1) provide from renewable resources not less than 25 percent of the total energy consumed in the United States; and
(2) continue to produce safe, abundant, and affordable food,
feed, and fiber.
SEC. 807. GEOTHERMAL ASSESSMENT, EXPLORATION INFORMATION,
AND PRIORITY ACTIVITIES.

(a) IN GENERAL.—Not later than January 1, 2012, the Secretary
of the Interior, acting through the Director of the United States
Geological Survey, shall—
(1) complete a comprehensive nationwide geothermal
resource assessment that examines the full range of geothermal
resources in the United States; and
(2) submit to the the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report describing the
results of the assessment.
(b) PERIODIC UPDATES.—At least once every 10 years, the Secretary shall update the national assessment required under this
section to support public and private sector decisionmaking.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary of the Interior to carry out
this section—
(1) $15,000,000 for each of fiscal years 2008 through 2012;
and
(2) such sums as are necessary for each of fiscal years
2013 through 2022.

Deadlines.
42 USC 17286.

Reports.

Subtitle B—Prohibitions on Market
Manipulation and False Information
SEC. 811. PROHIBITION ON MARKET MANIPULATION.

42 USC 17301.

It is unlawful for any person, directly or indirectly, to use
or employ, in connection with the purchase or sale of crude oil
gasoline or petroleum distillates at wholesale, any manipulative
or deceptive device or contrivance, in contravention of such rules
and regulations as the Federal Trade Commission may prescribe
as necessary or appropriate in the public interest or for the protection of United States citizens.

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SEC. 812. PROHIBITION ON FALSE INFORMATION.

42 USC 17302.

It is unlawful for any person to report information related
to the wholesale price of crude oil gasoline or petroleum distillates
to a Federal department or agency if—
(1) the person knew, or reasonably should have known,
the information to be false or misleading;
(2) the information was required by law to be reported;
and

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PUBLIC LAW 110–140—DEC. 19, 2007
(3) the person intended the false or misleading data to
affect data compiled by the department or agency for statistical
or analytical purposes with respect to the market for crude
oil, gasoline, or petroleum distillates.

42 USC 17303.

SEC. 813. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.

(a) ENFORCEMENT.—This subtitle shall be enforced by the Federal Trade Commission in the same manner, by the same means,
and with the same jurisdiction as though all applicable terms
of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were
incorporated into and made a part of this subtitle.
(b) VIOLATION IS TREATED AS UNFAIR OR DECEPTIVE ACT OR
PRACTICE.—The violation of any provision of this subtitle shall
be treated as an unfair or deceptive act or practice proscribed
under a rule issued under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)).
42 USC 17304.

SEC. 814. PENALTIES.

(a) CIVIL PENALTY.—In addition to any penalty applicable under
the Federal Trade Commission Act (15 U.S.C. 41 et seq.), any
supplier that violates section 811 or 812 shall be punishable by
a civil penalty of not more than $1,000,000.
(b) METHOD.—The penalties provided by subsection (a) shall
be obtained in the same manner as civil penalties imposed under
section 5 of the Federal Trade Commission Act (15 U.S.C. 45).
(c) MULTIPLE OFFENSES; MITIGATING FACTORS.—In assessing
the penalty provided by subsection (a)—
(1) each day of a continuing violation shall be considered
a separate violation; and
(2) the court shall take into consideration, among other
factors—
(A) the seriousness of the violation; and
(B) the efforts of the person committing the violation
to remedy the harm caused by the violation in a timely
manner.
42 USC 17305.

SEC. 815. EFFECT ON OTHER LAWS.

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(a) OTHER AUTHORITY OF THE COMMISSION.—Nothing in this
subtitle limits or affects the authority of the Federal Trade Commission to bring an enforcement action or take any other measure
under the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
or any other provision of law.
(b) ANTITRUST LAW.—Nothing in this subtitle shall be construed
to modify, impair, or supersede the operation of any of the antitrust
laws. For purposes of this subsection, the term ‘‘antitrust laws’’
shall have the meaning given it in subsection (a) of the first section
of the Clayton Act (15 U.S.C. 12), except that it includes section
5 of the Federal Trade Commission Act (15 U.S.C. 45) to the
extent that such section 5 applies to unfair methods of competition.
(c) STATE LAW.—Nothing in this subtitle preempts any State
law.

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121 STAT. 1725

TITLE IX—INTERNATIONAL ENERGY
PROGRAMS
SEC. 901. DEFINITIONS.

42 USC 17321.

In this title:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Foreign Affairs and the Committee on Energy and Commerce of the House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on Energy and Natural Resources, the Committee
on Environment and Public Works, and the Committee
on Commerce, Science, and Transportation of the Senate.
(2) CLEAN AND EFFICIENT ENERGY TECHNOLOGY.—The term
‘‘clean and efficient energy technology’’ means an energy supply
or end-use technology that, compared to a similar technology
already in widespread commercial use in a recipient country,
will—
(A) reduce emissions of greenhouse gases; or
(B)(i) increase efficiency of energy production; or
(ii) decrease intensity of energy usage.
(3) GREENHOUSE GAS.—The term ‘‘greenhouse gas’’ means—
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide;
(D) hydrofluorocarbons;
(E) perfluorocarbons; or
(F) sulfur hexafluoride.

Subtitle A—Assistance to Promote Clean
and Efficient Energy Technologies in
Foreign Countries

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SEC. 911. UNITED STATES ASSISTANCE FOR DEVELOPING COUNTRIES.

42 USC 17331.

(a) ASSISTANCE AUTHORIZED.—The Administrator of the United
States Agency for International Development shall support policies
and programs in developing countries that promote clean and efficient energy technologies—
(1) to produce the necessary market conditions for the
private sector delivery of energy and environmental management services;
(2) to create an environment that is conducive to accepting
clean and efficient energy technologies that support the overall
purpose of reducing greenhouse gas emissions, including—
(A) improving policy, legal, and regulatory frameworks;
(B) increasing institutional abilities to provide energy
and environmental management services; and
(C) increasing public awareness and participation in
the decision-making of delivering energy and environmental management services; and

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(3) to promote the use of American-made clean and efficient
energy technologies, products, and energy and environmental
management services.
(b) REPORT.—The Administrator of the United States Agency
for International Development shall submit to the appropriate
congressional committees an annual report on the implementation
of this section for each of the fiscal years 2008 through 2012.
(c) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there are authorized to be appropriated to the Administrator
of the United States Agency for International Development
$200,000,000 for each of the fiscal years 2008 through 2012.
42 USC 17332.

SEC. 912. UNITED STATES EXPORTS AND OUTREACH PROGRAMS FOR
INDIA, CHINA, AND OTHER COUNTRIES.

(a) ASSISTANCE AUTHORIZED.—The Secretary of Commerce shall
direct the United States and Foreign Commercial Service to expand
or create a corps of the Foreign Commercial Service officers to
promote United States exports in clean and efficient energy technologies and build the capacity of government officials in India,
China, and any other country the Secretary of Commerce determines appropriate, to become more familiar with the available
technologies—
(1) by assigning or training Foreign Commercial Service
attache´s, who have expertise in clean and efficient energy technologies from the United States, to embark on business development and outreach efforts to such countries; and
(2) by deploying the attache´s described in paragraph (1)
to educate provincial, state, and local government officials in
such countries on the variety of United States-based technologies in clean and efficient energy technologies for the purposes of promoting United States exports and reducing global
greenhouse gas emissions.
(b) REPORT.—The Secretary of Commerce shall submit to the
appropriate congressional committees an annual report on the
implementation of this section for each of the fiscal years 2008
through 2012.
(c) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there are authorized to be appropriated to the Secretary of
Commerce such sums as may be necessary for each of the fiscal
years 2008 through 2012.

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42 USC 17333.

SEC. 913. UNITED STATES TRADE MISSIONS TO ENCOURAGE PRIVATE
SECTOR TRADE AND INVESTMENT.

(a) ASSISTANCE AUTHORIZED.—The Secretary of Commerce shall
direct the International Trade Administration to expand or create
trade missions to and from the United States to encourage private
sector trade and investment in clean and efficient energy technologies—
(1) by organizing and facilitating trade missions to foreign
countries and by matching United States private sector companies with opportunities in foreign markets so that clean and
efficient energy technologies can help to combat increases in
global greenhouse gas emissions; and
(2) by creating reverse trade missions in which the Department of Commerce facilitates the meeting of foreign private
and public sector organizations with private sector companies
in the United States for the purpose of showcasing clean and

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efficient energy technologies in use or in development that
could be exported to other countries.
(b) REPORT.—The Secretary of Commerce shall submit to the
appropriate congressional committees an annual report on the
implementation of this section for each of the fiscal years 2008
through 2012.
(c) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there are authorized to be appropriated to the Secretary of
Commerce such sums as may be necessary for each of the fiscal
years 2008 through 2012.
SEC. 914. ACTIONS BY OVERSEAS PRIVATE INVESTMENT CORPORATION.

42 USC 17334.

(a) SENSE OF CONGRESS.—It is the sense of Congress that
the Overseas Private Investment Corporation should promote
greater investment in clean and efficient energy technologies by—
(1) proactively reaching out to United States companies
that are interested in investing in clean and efficient energy
technologies in countries that are significant contributors to
global greenhouse gas emissions;
(2) giving preferential treatment to the evaluation and
awarding of projects that involve the investment or utilization
of clean and efficient energy technologies; and
(3) providing greater flexibility in supporting projects that
involve the investment or utilization of clean and efficient
energy technologies, including financing, insurance, and other
assistance.
(b) REPORT.—The Overseas Private Investment Corporation
shall include in its annual report required under section 240A
of the Foreign Assistance Act of 1961 (22 U.S.C. 2200a)—
(1) a description of the activities carried out to implement
this section; or
(2) if the Corporation did not carry out any activities to
implement this section, an explanation of the reasons therefor.

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SEC. 915. ACTIONS BY UNITED STATES TRADE AND DEVELOPMENT
AGENCY.

(a) ASSISTANCE AUTHORIZED.—The Director of the Trade and
Development Agency shall establish or support policies that—
(1) proactively seek opportunities to fund projects that
involve the utilization of clean and efficient energy technologies,
including in trade capacity building and capital investment
projects;
(2) where appropriate, advance the utilization of clean and
efficient energy technologies, particularly to countries that have
the potential for significant reduction in greenhouse gas emissions; and
(3) recruit and retain individuals with appropriate expertise
or experience in clean, renewable, and efficient energy technologies to identify and evaluate opportunities for projects that
involve clean and efficient energy technologies and services.
(b) REPORT.—The President shall include in the annual report
on the activities of the Trade and Development Agency required
under section 661(d) of the Foreign Assistance Act of 1961 (22
U.S.C. 2421(d)) a description of the activities carried out to implement this section.

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42 USC 17336.

SEC. 916. DEPLOYMENT OF INTERNATIONAL CLEAN AND EFFICIENT
ENERGY TECHNOLOGIES AND INVESTMENT IN GLOBAL
ENERGY MARKETS.

(a) TASK FORCE.—
(1) ESTABLISHMENT.—Not later than 90 days after the date
of the enactment of this Act, the President shall establish
a Task Force on International Cooperation for Clean and Efficient Energy Technologies (in this section referred to as the
‘‘Task Force’’).
(2) COMPOSITION.—The Task Force shall be composed of
representatives, appointed by the head of the respective Federal
department or agency, of—
(A) the Council on Environmental Quality;
(B) the Department of Energy;
(C) the Department of Commerce;
(D) the Department of the Treasury;
(E) the Department of State;
(F) the Environmental Protection Agency;
(G) the United States Agency for International
Development;
(H) the Export-Import Bank of the United States;
(I) the Overseas Private Investment Corporation:
(J) the Trade and Development Agency;
(K) the Small Business Administration;
(L) the Office of the United States Trade Representative; and
(M) other Federal departments and agencies, as determined by the President.
(3) CHAIRPERSON.—The President shall designate a Chairperson or Co-Chairpersons of the Task Force.
(4) DUTIES.—The Task Force—
(A) shall develop and assist in the implementation
of the strategy required under subsection (c); and
(B)(i) shall analyze technology, policy, and market
opportunities for the development, demonstration, and
deployment of clean and efficient energy technologies on
an international basis; and
(ii) shall examine relevant trade, tax, finance, international, and other policy issues to assess which policies,
in the United States and in developing countries, would
help open markets and improve the export of clean and
efficient energy technologies from the United States.
(5) TERMINATION.—The Task Force, including any working
group established by the Task Force pursuant to subsection
(b), shall terminate 12 years after the date of the enactment
of this Act.
(b) WORKING GROUPS.—
(1) ESTABLISHMENT.—The Task Force—
(A) shall establish an Interagency Working Group on
the Export of Clean and Efficient Energy Technologies
(in this section referred to as the ‘‘Interagency Working
Group’’); and
(B) may establish other working groups as may be
necessary to carry out this section.
(2) COMPOSITION.—The Interagency Working Group shall
be composed of—

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President.
Deadline.

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121 STAT. 1729

(A) the Secretary of Energy, the Secretary of Commerce, and the Secretary of State, who shall serve as
Co-Chairpersons of the Interagency Working Group; and
(B) other members, as determined by the Chairperson
or Co-Chairpersons of the Task Force.
(3) DUTIES.—The Interagency Working Group shall coordinate the resources and relevant programs of the Department
of Energy, the Department of Commerce, the Department of
State, and other relevant Federal departments and agencies
to support the export of clean and efficient energy technologies
developed or demonstrated in the United States to other countries and the deployment of such clean and efficient energy
technologies in such other countries.
(4) INTERAGENCY CENTER.—The Interagency Working
Group—
(A) shall establish an Interagency Center on the Export
of Clean and Efficient Energy Technologies (in this section
referred to as the ‘‘Interagency Center’’) to assist the Interagency Working Group in carrying out its duties required
under paragraph (3); and
(B) shall locate the Interagency Center at a site agreed
upon by the Co-Chairpersons of the Interagency Working
Group, with the approval of the Chairperson or Co-Chairpersons of the Task Force.
(c) STRATEGY.—
(1) IN GENERAL.—Not later than 1 year after the date
of the enactment of this Act, the Task Force shall develop
and submit to the President and the appropriate congressional
committees a strategy to—
(A) support the development and implementation of
programs, policies, and initiatives in developing countries
to promote the adoption and deployment of clean and efficient energy technologies, with an emphasis on those developing countries that are expected to experience the most
significant growth in energy production and use over the
next 20 years;
(B) open and expand clean and efficient energy technology markets and facilitate the export of clean and efficient energy technologies to developing countries, in a
manner consistent with United States obligations as a
member of the World Trade Organization;
(C) integrate into the foreign policy objectives of the
United States the promotion of—
(i) the deployment of clean and efficient energy
technologies and the reduction of greenhouse gas emissions in developing countries; and
(ii) the export of clean and efficient energy technologies; and
(D) develop financial mechanisms and instruments,
including securities that mitigate the political and foreign
exchange risks of uses that are consistent with the foreign
policy objectives of the United States by combining the
private sector market and government enhancements,
that—
(i) are cost-effective; and

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Establishment.

Deadline.

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121 STAT. 1730

(ii) facilitate private capital investment in clean
and efficient energy technology projects in developing
countries.
(2) UPDATES.—Not later than 3 years after the date of
submission of the strategy under paragraph (1), and every
3 years thereafter, the Task Force shall update the strategy
in accordance with the requirements of paragraph (1).
(d) REPORT.—
(1) IN GENERAL.—Not later than 3 years after the date
of submission of the strategy under subsection (c)(1), and every
3 years thereafter, the President shall transmit to the appropriate congressional committees a report on the implementation
of this section for the prior 3-year period.
(2) MATTERS TO BE INCLUDED.—The report required under
paragraph (1) shall include the following:
(A) The update of the strategy required under subsection (c)(2) and a description of the actions taken by
the Task Force to assist in the implementation of the
strategy.
(B) A description of actions taken by the Task Force
to carry out the duties required under subsection (a)(4)(B).
(C) A description of assistance provided under this
section.
(D) The results of programs, projects, and activities
carried out under this section.
(E) A description of priorities for promoting the diffusion and adoption of clean and efficient energy technologies
and strategies in developing countries, taking into account
economic and security interests of the United States and
opportunities for the export of technology of the United
States.
(F) Recommendations to the heads of appropriate Federal departments and agencies on methods to streamline
Federal programs and policies to improve the role of such
Federal departments and agencies in the development,
demonstration, and deployment of clean and efficient
energy technologies on an international basis.
(G) Strategies to integrate representatives of the private sector and other interested groups on the export and
deployment of clean and efficient energy technologies.
(H) A description of programs to disseminate information to the private sector and the public on clean and
efficient energy technologies and opportunities to transfer
such clean and efficient energy technologies.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $5,000,000 for each
of fiscal years 2008 through 2020.

Deadline.

President.

42 USC 17337.

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PUBLIC LAW 110–140—DEC. 19, 2007

SEC. 917. UNITED STATES-ISRAEL ENERGY COOPERATION.

(a) FINDINGS.—Congress finds that—
(1) it is in the highest national security interests of the
United States to develop renewable energy sources;
(2) the State of Israel is a steadfast ally of the United
States;
(3) the special relationship between the United States and
Israel is manifested in a variety of cooperative scientific
research and development programs, such as—

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1731

(A) the United States-Israel Binational Science
Foundation; and
(B) the United States-Israel Binational Industrial
Research and Development Foundation;
(4) those programs have made possible many scientific,
technological, and commercial breakthroughs in the fields of
life sciences, medicine, bioengineering, agriculture, biotechnology, communications, and others;
(5) on February 1, 1996, the Secretary of Energy (referred
to in this section as the ‘‘Secretary’’) and the Israeli Minister
of Energy and Infrastructure signed an agreement to establish
a framework for collaboration between the United States and
Israel in energy research and development activities;
(6) Israeli scientists and engineers are at the forefront
of research and development in the field of renewable energy
sources; and
(7) enhanced cooperation between the United States and
Israel for the purpose of research and development of renewable
energy sources would be in the national interests of both countries.
(b) GRANT PROGRAM.—
(1) ESTABLISHMENT.—In implementing the agreement entitled the ‘‘Agreement between the Department of Energy of
the United States of America and the Ministry of Energy and
Infrastructure of Israel Concerning Energy Cooperation’’, dated
February 1, 1996, the Secretary shall establish a grant program
in accordance with the requirements of sections 988 and 989
of the Energy Policy Act of 2005 (42 U.S.C. 16352, 16353)
to support research, development, and commercialization of
renewable energy or energy efficiency.
(2) TYPES OF ENERGY.—In carrying out paragraph (1), the
Secretary may make grants to promote—
(A) solar energy;
(B) biomass energy;
(C) energy efficiency;
(D) wind energy;
(E) geothermal energy;
(F) wave and tidal energy; and
(G) advanced battery technology.
(3) ELIGIBLE APPLICANTS.—An applicant shall be eligible
to receive a grant under this subsection if the project of the
applicant—
(A) addresses a requirement in the area of improved
energy efficiency or renewable energy sources, as determined by the Secretary; and
(B) is a joint venture between—
(i)(I) a for-profit business entity, academic institution, National Laboratory (as defined in section 2 of
the Energy Policy Act of 2005 (42 U.S.C. 15801)), or
nonprofit entity in the United States; and
(II) a for-profit business entity, academic institution, or nonprofit entity in Israel; or
(ii)(I) the Federal Government; and
(II) the Government of Israel.
(4) APPLICATIONS.—To be eligible to receive a grant under
this subsection, an applicant shall submit to the Secretary
an application for the grant in accordance with procedures

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121 STAT. 1732

PUBLIC LAW 110–140—DEC. 19, 2007

established by the Secretary, in consultation with the advisory
board established under paragraph (5).
(5) ADVISORY BOARD.—
(A) ESTABLISHMENT.—The Secretary shall establish an
advisory board—
(i) to monitor the method by which grants are
awarded under this subsection; and
(ii) to provide to the Secretary periodic performance reviews of actions taken to carry out this subsection.
(B) COMPOSITION.—The advisory board established
under subparagraph (A) shall be composed of 3 members,
to be appointed by the Secretary, of whom—
(i) 1 shall be a representative of the Federal
Government;
(ii) 1 shall be selected from a list of nominees
provided by the United States-Israel Binational Science
Foundation; and
(iii) 1 shall be selected from a list of nominees
provided by the United States-Israel Binational Industrial Research and Development Foundation.
(6) CONTRIBUTED FUNDS.—Notwithstanding section 3302
of title 31, United States Code, the Secretary may accept,
retain, and use funds contributed by any person, government
entity, or organization for purposes of carrying out this subsection—
(A) without further appropriation; and
(B) without fiscal year limitation.
(7) REPORT.—Not later than 180 days after the date of
completion of a project for which a grant is provided under
this subsection, the grant recipient shall submit to the Secretary a report that contains—
(A) a description of the method by which the recipient
used the grant funds; and
(B) an evaluation of the level of success of each project
funded by the grant.
(8) CLASSIFICATION.—Grants shall be awarded under this
subsection only for projects that are considered to be unclassified by both the United States and Israel.
(c) TERMINATION.—The grant program and the advisory committee established under this section terminate on the date that
is 7 years after the date of enactment of this Act.
(d) AUTHORIZATION OF APPROPRIATIONS.—The Secretary shall
use amounts authorized to be appropriated under section 931 of
the Energy Policy Act of 2005 (42 U.S.C. 16231) to carry out
this section.

Subtitle B—International Clean Energy
Foundation

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42 USC 17351.

SEC. 921. DEFINITIONS.

In this subtitle:
(1) BOARD.—The term ‘‘Board’’ means the Board of Directors of the Foundation established pursuant to section 922(c).

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1733

(2) CHIEF EXECUTIVE OFFICER.—The term ‘‘Chief Executive
Officer’’ means the chief executive officer of the Foundation
appointed pursuant to section 922(b).
(3) FOUNDATION.—The term ‘‘Foundation’’ means the International Clean Energy Foundation established by section
922(a).

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SEC. 922. ESTABLISHMENT AND MANAGEMENT OF FOUNDATION.

42 USC 17352.

(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is established in the executive
branch a foundation to be known as the ‘‘International Clean
Energy Foundation’’ that shall be responsible for carrying out
the provisions of this subtitle. The Foundation shall be a
government corporation, as defined in section 103 of title 5,
United States Code.
(2) BOARD OF DIRECTORS.—The Foundation shall be governed by a Board of Directors in accordance with subsection
(c).
(3) INTENT OF CONGRESS.—It is the intent of Congress,
in establishing the structure of the Foundation set forth in
this subsection, to create an entity that serves the long-term
foreign policy and energy security goals of reducing global
greenhouse gas emissions.
(b) CHIEF EXECUTIVE OFFICER.—
(1) IN GENERAL.—There shall be in the Foundation a Chief
Executive Officer who shall be responsible for the management
of the Foundation.
(2) APPOINTMENT.—The Chief Executive Officer shall be
appointed by the Board, with the advice and consent of the
Senate, and shall be a recognized leader in clean and efficient
energy technologies and climate change and shall have experience in energy security, business, or foreign policy, chosen
on the basis of a rigorous search.
(3) RELATIONSHIP TO BOARD.—The Chief Executive Officer
shall report to, and be under the direct authority of, the Board.
(4) COMPENSATION AND RANK.—
(A) IN GENERAL.—The Chief Executive Officer shall
be compensated at the rate provided for level III of the
Executive Schedule under section 5314 of title 5, United
States Code.
(B) AMENDMENT.—Section 5314 of title 5, United States
Code, is amended by adding at the end the following:
‘‘Chief Executive Officer, International Clean Energy Foundation.’’.
(C) AUTHORITIES AND DUTIES.—The Chief Executive
Officer shall be responsible for the management of the
Foundation and shall exercise the powers and discharge
the duties of the Foundation.
(D) AUTHORITY TO APPOINT OFFICERS.—In consultation
and with approval of the Board, the Chief Executive Officer
shall appoint all officers of the Foundation.
(c) BOARD OF DIRECTORS.—
(1) ESTABLISHMENT.—There shall be in the Foundation a
Board of Directors.
(2) DUTIES.—The Board shall perform the functions specified to be carried out by the Board in this subtitle and may
prescribe, amend, and repeal bylaws, rules, regulations, and

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121 STAT. 1734

PUBLIC LAW 110–140—DEC. 19, 2007
procedures governing the manner in which the business of
the Foundation may be conducted and in which the powers
granted to it by law may be exercised.
(3) MEMBERSHIP.—The Board shall consist of—
(A) the Secretary of State (or the Secretary’s designee),
the Secretary of Energy (or the Secretary’s designee), and
the Administrator of the United States Agency for International Development (or the Administrator’s designee);
and
(B) four other individuals with relevant experience in
matters relating to energy security (such as individuals
who represent institutions of energy policy, business
organizations, foreign policy organizations, or other relevant organizations) who shall be appointed by the President, by and with the advice and consent of the Senate,
of whom—
(i) one individual shall be appointed from among
a list of individuals submitted by the Majority Leader
of the House of Representatives;
(ii) one individual shall be appointed from among
a list of individuals submitted by the Minority Leader
of the House of Representatives;
(iii) one individual shall be appointed from among
a list of individuals submitted by the Majority Leader
of the Senate; and
(iv) one individual shall be appointed from among
a list of individuals submitted by the Minority Leader
of the Senate.
(4) CHIEF EXECUTIVE OFFICER.—The Chief Executive Officer
of the Foundation shall serve as a nonvoting, ex officio member
of the Board.
(5) TERMS.—
(A) OFFICERS OF THE FEDERAL GOVERNMENT.—Each
member of the Board described in paragraph (3)(A) shall
serve for a term that is concurrent with the term of service
of the individual’s position as an officer within the other
Federal department or agency.
(B) OTHER MEMBERS.—Each member of the Board
described in paragraph (3)(B) shall be appointed for a term
of 3 years and may be reappointed for a term of an additional 3 years.
(C) VACANCIES.—A vacancy in the Board shall be filled
in the manner in which the original appointment was made.
(D) ACTING MEMBERS.—A vacancy in the Board may
be filled with an appointment of an acting member by
the Chairperson of the Board for up to 1 year while a
nominee is named and awaits confirmation in accordance
with paragraph (3)(B).
(6) CHAIRPERSON.—There shall be a Chairperson of the
Board. The Secretary of State (or the Secretary’s designee)
shall serve as the Chairperson.
(7) QUORUM.—A majority of the members of the Board
described in paragraph (3) shall constitute a quorum, which,
except with respect to a meeting of the Board during the
135-day period beginning on the date of the enactment of this
Act, shall include at least 1 member of the Board described
in paragraph (3)(B).

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1735

(8) MEETINGS.—The Board shall meet at the call of the
Chairperson, who shall call a meeting no less than once a
year.
(9) COMPENSATION.—
(A) OFFICERS OF THE FEDERAL GOVERNMENT.—
(i) IN GENERAL.—A member of the Board described
in paragraph (3)(A) may not receive additional pay,
allowances, or benefits by reason of the member’s
service on the Board.
(ii) TRAVEL EXPENSES.—Each such member of the
Board shall receive travel expenses, including per diem
in lieu of subsistence, in accordance with applicable
provisions under subchapter I of chapter 57 of title
5, United States Code.
(B) OTHER MEMBERS.—
(i) IN GENERAL.—Except as provided in clause (ii),
a member of the Board described in paragraph (3)(B)—
(I) shall be paid compensation out of funds
made available for the purposes of this subtitle
at the daily equivalent of the highest rate payable
under section 5332 of title 5, United States Code,
for each day (including travel time) during which
the member is engaged in the actual performance
of duties as a member of the Board; and
(II) while away from the member’s home or
regular place of business on necessary travel in
the actual performance of duties as a member
of the Board, shall be paid per diem, travel, and
transportation expenses in the same manner as
is provided under subchapter I of chapter 57 of
title 5, United States Code.
(ii) LIMITATION.—A member of the Board may not
be paid compensation under clause (i)(II) for more than
90 days in any calendar year.

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SEC. 923. DUTIES OF FOUNDATION.

42 USC 17353.

The Foundation shall—
(1) use the funds authorized by this subtitle to make grants
to promote projects outside of the United States that serve
as models of how to significantly reduce the emissions of global
greenhouse gases through clean and efficient energy technologies, processes, and services;
(2) seek contributions from foreign governments, especially
those rich in energy resources such as member countries of
the Organization of the Petroleum Exporting Countries, and
private organizations to supplement funds made available
under this subtitle;
(3) harness global expertise through collaborative partnerships with foreign governments and domestic and foreign private actors, including nongovernmental organizations and private sector companies, by leveraging public and private capital,
technology, expertise, and services towards innovative models
that can be instituted to reduce global greenhouse gas emissions;
(4) create a repository of information on best practices
and lessons learned on the utilization and implementation of

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121 STAT. 1736

PUBLIC LAW 110–140—DEC. 19, 2007
clean and efficient energy technologies and processes to be
used for future initiatives to tackle the climate change crisis;
(5) be committed to minimizing administrative costs and
to maximizing the availability of funds for grants under this
subtitle; and
(6) promote the use of American-made clean and efficient
energy technologies, processes, and services by giving preference to entities incorporated in the United States and whose
technology will be substantially manufactured in the United
States.

42 USC 17354.

SEC. 924. ANNUAL REPORT.

(a) REPORT REQUIRED.—Not later than March 31, 2008, and
each March 31 thereafter, the Foundation shall submit to the
appropriate congressional committees a report on the implementation of this subtitle during the prior fiscal year.
(b) CONTENTS.—The report required by subsection (a) shall
include—
(1) the total financial resources available to the Foundation
during the year, including appropriated funds, the value and
source of any gifts or donations accepted pursuant to section
925(a)(6), and any other resources;
(2) a description of the Board’s policy priorities for the
year and the basis upon which competitive grant proposals
were solicited and awarded to nongovernmental institutions
and other organizations;
(3) a list of grants made to nongovernmental institutions
and other organizations that includes the identity of the institutional recipient, the dollar amount, and the results of the program; and
(4) the total administrative and operating expenses of the
Foundation for the year, as well as specific information on—
(A) the number of Foundation employees and the cost
of compensation for Board members, Foundation employees, and personal service contractors;
(B) costs associated with securing the use of real property for carrying out the functions of the Foundation;
(C) total travel expenses incurred by Board members
and Foundation employees in connection with Foundation
activities; and
(D) total representational expenses.

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42 USC 17355.

SEC. 925. POWERS OF THE FOUNDATION; RELATED PROVISIONS.

(a) POWERS.—The Foundation—
(1) shall have perpetual succession unless dissolved by
a law enacted after the date of the enactment of this Act;
(2) may adopt, alter, and use a seal, which shall be
judicially noticed;
(3) may make and perform such contracts, grants, and
other agreements with any person or government however designated and wherever situated, as may be necessary for carrying out the functions of the Foundation;
(4) may determine and prescribe the manner in which
its obligations shall be incurred and its expenses allowed and
paid, including expenses for representation;
(5) may lease, purchase, or otherwise acquire, improve,
and use such real property wherever situated, as may be necessary for carrying out the functions of the Foundation;

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121 STAT. 1737

(6) may accept money, funds, services, or property (real,
personal, or mixed), tangible or intangible, made available by
gift, bequest grant, or otherwise for the purpose of carrying
out the provisions of this title from domestic or foreign private
individuals, charities, nongovernmental organizations, corporations, or governments;
(7) may use the United States mails in the same manner
and on the same conditions as the executive departments;
(8) may contract with individuals for personal services,
who shall not be considered Federal employees for any provision
of law administered by the Office of Personnel Management;
(9) may hire or obtain passenger motor vehicles; and
(10) shall have such other powers as may be necessary
and incident to carrying out this subtitle.
(b) PRINCIPAL OFFICE.—The Foundation shall maintain its principal office in the metropolitan area of Washington, District of
Columbia.
(c) APPLICABILITY OF GOVERNMENT CORPORATION CONTROL
ACT.—
(1) IN GENERAL.—The Foundation shall be subject to
chapter 91 of subtitle VI of title 31, United States Code, except
that the Foundation shall not be authorized to issue obligations
or offer obligations to the public.
(2) CONFORMING AMENDMENT.—Section 9101(3) of title 31,
United States Code, is amended by adding at the end the
following:
‘‘(R) the International Clean Energy Foundation.’’.
(d) INSPECTOR GENERAL.—
(1) IN GENERAL.—The Inspector General of the Department
of State shall serve as Inspector General of the Foundation,
and, in acting in such capacity, may conduct reviews, investigations, and inspections of all aspects of the operations and activities of the Foundation.
(2) AUTHORITY OF THE BOARD.—In carrying out the responsibilities under this subsection, the Inspector General shall
report to and be under the general supervision of the Board.
(3) REIMBURSEMENT AND AUTHORIZATION OF SERVICES.—
(A) REIMBURSEMENT.—The Foundation shall reimburse
the Department of State for all expenses incurred by the
Inspector General in connection with the Inspector General’s responsibilities under this subsection.
(B) AUTHORIZATION FOR SERVICES.—Of the amount
authorized to be appropriated under section 927(a) for a
fiscal year, up to $500,000 is authorized to be made available to the Inspector General of the Department of State
to conduct reviews, investigations, and inspections of operations and activities of the Foundation.

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SEC. 926. GENERAL PERSONNEL AUTHORITIES.

42 USC 17356.

(a) DETAIL OF PERSONNEL.—Upon request of the Chief Executive Officer, the head of an agency may detail any employee of
such agency to the Foundation on a reimbursable basis. Any
employee so detailed remains, for the purpose of preserving such
employee’s allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed.
(b) REEMPLOYMENT RIGHTS.—

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121 STAT. 1738

(1) IN GENERAL.—An employee of an agency who is serving
under a career or career conditional appointment (or the equivalent), and who, with the consent of the head of such agency,
transfers to the Foundation, is entitled to be reemployed in
such employee’s former position or a position of like seniority,
status, and pay in such agency, if such employee—
(A) is separated from the Foundation for any reason,
other than misconduct, neglect of duty, or malfeasance;
and
(B) applies for reemployment not later than 90 days
after the date of separation from the Foundation.
(2) SPECIFIC RIGHTS.—An employee who satisfies paragraph
(1) is entitled to be reemployed (in accordance with such paragraph) within 30 days after applying for reemployment and,
on reemployment, is entitled to at least the rate of basic pay
to which such employee would have been entitled had such
employee never transferred.
(c) HIRING AUTHORITY.—Of persons employed by the Foundation, no more than 30 persons may be appointed, compensated,
or removed without regard to the civil service laws and regulations.
(d) BASIC PAY.—The Chief Executive Officer may fix the rate
of basic pay of employees of the Foundation without regard to
the provisions of chapter 51 of title 5, United States Code (relating
to the classification of positions), subchapter III of chapter 53 of
such title (relating to General Schedule pay rates), except that
no employee of the Foundation may receive a rate of basic pay
that exceeds the rate for level IV of the Executive Schedule under
section 5315 of such title.
(e) DEFINITIONS.—In this section—
(1) the term ‘‘agency’’ means an executive agency, as
defined by section 105 of title 5, United States Code; and
(2) the term ‘‘detail’’ means the assignment or loan of
an employee, without a change of position, from the agency
by which such employee is employed to the Foundation.

Deadline.
Deadline.

42 USC 17357.

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Deadline.

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PUBLIC LAW 110–140—DEC. 19, 2007

SEC. 927. AUTHORIZATION OF APPROPRIATIONS.

(a) AUTHORIZATION OF APPROPRIATIONS.—To carry out this subtitle, there are authorized to be appropriated $20,000,000 for each
of the fiscal years 2009 through 2013.
(b) ALLOCATION OF FUNDS.—
(1) IN GENERAL.—The Foundation may allocate or transfer
to any agency of the United States Government any of the
funds available for carrying out this subtitle. Such funds shall
be available for obligation and expenditure for the purposes
for which the funds were authorized, in accordance with
authority granted in this subtitle or under authority governing
the activities of the United States Government agency to which
such funds are allocated or transferred.
(2) NOTIFICATION.—The Foundation shall notify the appropriate congressional committees not less than 15 days prior
to an allocation or transfer of funds pursuant to paragraph
(1).

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121 STAT. 1739

Subtitle C—Miscellaneous Provisions

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SEC. 931. ENERGY DIPLOMACY AND SECURITY WITHIN THE DEPARTMENT OF STATE.

(a) STATE DEPARTMENT COORDINATOR FOR INTERNATIONAL
ENERGY AFFAIRS.—
(1) IN GENERAL.—The Secretary of State should ensure
that energy security is integrated into the core mission of
the Department of State.
(2) COORDINATOR FOR INTERNATIONAL ENERGY AFFAIRS.—
There is established within the Office of the Secretary of State
a Coordinator for International Energy Affairs, who shall be
responsible for—
(A) representing the Secretary of State in interagency
efforts to develop the international energy policy of the
United States;
(B) ensuring that analyses of the national security
implications of global energy and environmental developments are reflected in the decision making process within
the Department of State;
(C) incorporating energy security priorities into the
activities of the Department of State;
(D) coordinating energy activities of the Department
of State with relevant Federal agencies; and
(E) coordinating energy security and other relevant
functions within the Department of State currently undertaken by offices within—
(i) the Bureau of Economic, Energy and Business
Affairs;
(ii) the Bureau of Oceans and International
Environmental and Scientific Affairs; and
(iii) other offices within the Department of State.
(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to
carry out this subsection.
(b) ENERGY EXPERTS IN KEY EMBASSIES.—Not later than 180
days after the date of the enactment of this Act, the Secretary
of State shall submit a report to the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the House
of Representatives that includes—
(1) a description of the Department of State personnel
who are dedicated to energy matters and are stationed at
embassies and consulates in countries that are major energy
producers or consumers;
(2) an analysis of the need for Federal energy specialist
personnel in United States embassies and other United States
diplomatic missions; and
(3) recommendations for increasing energy expertise within
United States embassies among foreign service officers and
options for assigning to such embassies energy attache´s from
the National Laboratories or other agencies within the Department of Energy.
(c) ENERGY ADVISORS.—The Secretary of Energy may make
appropriate arrangements with the Secretary of State to assign
personnel from the Department of Energy or the National Laboratories of the Department of Energy to serve as dedicated advisors

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42 USC 17371.

Deadline.
Reports.

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on energy matters in embassies of the United States or other
United States diplomatic missions.
(d) REPORT.—Not later than 180 days after the date of the
enactment of this Act, and every 2 years thereafter for the following
20 years, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives that describes—
(1) the energy-related activities being conducted by the
Department of State, including activities within—
(A) the Bureau of Economic, Energy and Business
Affairs;
(B) the Bureau of Oceans and Environmental and Scientific Affairs; and
(C) other offices within the Department of State;
(2) the amount of funds spent on each activity within
each office described in paragraph (1); and
(3) the number and qualification of personnel in each
embassy (or relevant foreign posting) of the United States
whose work is dedicated exclusively to energy matters.
SEC. 932. NATIONAL SECURITY COUNCIL REORGANIZATION.

Section 101(a) of the National Security Act of 1947 (50 U.S.C.
402(a)) is amended—
(1) by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively; and
(2) by inserting after paragraph (4) the following:
‘‘(5) the Secretary of Energy;’’.
42 USC 17372.

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President.

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SEC. 933. ANNUAL NATIONAL ENERGY SECURITY STRATEGY REPORT.

(a) REPORTS.—
(1) IN GENERAL.—Subject to paragraph (2), on the date
on which the President submits to Congress the budget for
the following fiscal year under section 1105 of title 31, United
States Code, the President shall submit to Congress a comprehensive report on the national energy security of the United
States.
(2) NEW PRESIDENTS.—In addition to the reports required
under paragraph (1), the President shall submit a comprehensive report on the national energy security of the United States
by not later than 150 days after the date on which the President
assumes the office of President after a presidential election.
(b) CONTENTS.—Each report under this section shall describe
the national energy security strategy of the United States, including
a comprehensive description of—
(1) the worldwide interests, goals, and objectives of the
United States that are vital to the national energy security
of the United States;
(2) the foreign policy, worldwide commitments, and national
defense capabilities of the United States necessary—
(A) to deter political manipulation of world energy
resources; and
(B) to implement the national energy security strategy
of the United States;
(3) the proposed short-term and long-term uses of the political, economic, military, and other authorities of the United
States—
(A) to protect or promote energy security; and

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(B) to achieve the goals and objectives described in
paragraph (1);
(4) the adequacy of the capabilities of the United States
to protect the national energy security of the United States,
including an evaluation of the balance among the capabilities
of all elements of the national authority of the United States
to support the implementation of the national energy security
strategy; and
(5) such other information as the President determines
to be necessary to inform Congress on matters relating to
the national energy security of the United States.
(c) CLASSIFIED AND UNCLASSIFIED FORM.—Each national energy
security strategy report shall be submitted to Congress in—
(1) a classified form; and
(2) an unclassified form.

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SEC. 934. CONVENTION ON SUPPLEMENTARY COMPENSATION FOR
NUCLEAR DAMAGE CONTINGENT COST ALLOCATION.

42 USC 17373.

(a) FINDINGS AND PURPOSE.—
(1) FINDINGS.—Congress finds that—
(A) section 170 of the Atomic Energy Act of 1954 (42
U.S.C. 2210) (commonly known as the ‘‘Price-Anderson
Act’’)—
(i) provides a predictable legal framework necessary for nuclear projects; and
(ii) ensures prompt and equitable compensation
in the event of a nuclear incident in the United States;
(B) the Price-Anderson Act, in effect, provides operators
of nuclear powerplants with insurance for damage arising
out of a nuclear incident and funds the insurance primarily
through the assessment of a retrospective premium from
each operator after the occurrence of a nuclear incident;
(C) the Convention on Supplementary Compensation
for Nuclear Damage, done at Vienna on September 12,
1997, will establish a global system—
(i) to provide a predictable legal framework necessary for nuclear energy projects; and
(ii) to ensure prompt and equitable compensation
in the event of a nuclear incident;
(D) the Convention benefits United States nuclear suppliers that face potentially unlimited liability for nuclear
incidents that are not covered by the Price-Anderson Act
by replacing a potentially open-ended liability with a
predictable liability regime that, in effect, provides nuclear
suppliers with insurance for damage arising out of such
an incident;
(E) the Convention also benefits United States nuclear
facility operators that may be publicly liable for a PriceAnderson incident by providing an additional early source
of funds to compensate damage arising out of the PriceAnderson incident;
(F) the combined operation of the Convention, the
Price-Anderson Act, and this section will augment the
quantity of assured funds available for victims in a wider
variety of nuclear incidents while reducing the potential
liability of United States suppliers without increasing
potential costs to United States operators;

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PUBLIC LAW 110–140—DEC. 19, 2007
(G) the cost of those benefits is the obligation of the
United States to contribute to the supplementary compensation fund established by the Convention;
(H) any such contribution should be funded in a
manner that does not—
(i) upset settled expectations based on the liability
regime established under the Price-Anderson Act; or
(ii) shift to Federal taxpayers liability risks for
nuclear incidents at foreign installations;
(I) with respect to a Price-Anderson incident, funds
already available under the Price-Anderson Act should be
used; and
(J) with respect to a nuclear incident outside the
United States not covered by the Price-Anderson Act, a
retrospective premium should be prorated among nuclear
suppliers relieved from potential liability for which insurance is not available.
(2) PURPOSE.—The purpose of this section is to allocate
the contingent costs associated with participation by the United
States in the international nuclear liability compensation
system established by the Convention on Supplementary Compensation for Nuclear Damage, done at Vienna on September
12, 1997—
(A) with respect to a Price-Anderson incident, by using
funds made available under section 170 of the Atomic
Energy Act of 1954 (42 U.S.C. 2210) to cover the contingent
costs in a manner that neither increases the burdens nor
decreases the benefits under section 170 of that Act; and
(B) with respect to a covered incident outside the
United States that is not a Price-Anderson incident, by
allocating the contingent costs equitably, on the basis of
risk, among the class of nuclear suppliers relieved by the
Convention from the risk of potential liability resulting
from any covered incident outside the United States.
(b) DEFINITIONS.—In this section:
(1) COMMISSION.—The term ‘‘Commission’’ means the
Nuclear Regulatory Commission.
(2) CONTINGENT COST.—The term ‘‘contingent cost’’ means
the cost to the United States in the event of a covered incident
the amount of which is equal to the amount of funds the
United States is obligated to make available under paragraph
1(b) of Article III of the Convention.
(3) CONVENTION.—The term ‘‘Convention’’ means the
Convention on Supplementary Compensation for Nuclear Damage, done at Vienna on September 12, 1997.
(4) COVERED INCIDENT.—The term ‘‘covered incident’’ means
a nuclear incident the occurrence of which results in a request
for funds pursuant to Article VII of the Convention.
(5) COVERED INSTALLATION.—The term ‘‘covered installation’’ means a nuclear installation at which the occurrence
of a nuclear incident could result in a request for funds under
Article VII of the Convention.
(6) COVERED PERSON.—
(A) IN GENERAL.—The term ‘‘covered person’’ means—
(i) a United States person; and
(ii) an individual or entity (including an agency
or instrumentality of a foreign country) that—

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121 STAT. 1743

(I) is located in the United States; or
(II) carries out an activity in the United
States.
(B) EXCLUSIONS.—The term ‘‘covered person’’ does not
include—
(i) the United States; or
(ii) any agency or instrumentality of the United
States.
(7) NUCLEAR SUPPLIER.—The term ‘‘nuclear supplier’’
means a covered person (or a successor in interest of a covered
person) that—
(A) supplies facilities, equipment, fuel, services, or technology pertaining to the design, construction, operation,
or decommissioning of a covered installation; or
(B) transports nuclear materials that could result in
a covered incident.
(8) PRICE-ANDERSON INCIDENT.—The term ‘‘Price-Anderson
incident’’ means a covered incident for which section 170 of
the Atomic Energy Act of 1954 (42 U.S.C. 2210) would make
funds available to compensate for public liability (as defined
in section 11 of that Act (42 U.S.C. 2014)).
(9) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Energy.
(10) UNITED STATES.—
(A) IN GENERAL.—The term ‘‘United States’’ has the
meaning given the term in section 11 of the Atomic Energy
Act of 1954 (42 U.S.C. 2014).
(B) INCLUSIONS.—The term ‘‘United States’’ includes—
(i) the Commonwealth of Puerto Rico;
(ii) any other territory or possession of the United
States;
(iii) the Canal Zone; and
(iv) the waters of the United States territorial
sea under Presidential Proclamation Number 5928,
dated December 27, 1988 (43 U.S.C. 1331 note).
(11) UNITED STATES PERSON.—The term ‘‘United States person’’ means—
(A) any individual who is a resident, national, or citizen
of the United States (other than an individual residing
outside of the United States and employed by a person
who is not a United States person); and
(B) any corporation, partnership, association, joint
stock company, business trust, unincorporated organization, or sole proprietorship that is organized under the
laws of the United States.
(c) USE OF PRICE-ANDERSON FUNDS.—
(1) IN GENERAL.—Funds made available under section 170
of the Atomic Energy Act of 1954 (42 U.S.C. 2210) shall be
used to cover the contingent cost resulting from any PriceAnderson incident.
(2) EFFECT.—The use of funds pursuant to paragraph (1)
shall not reduce the limitation on public liability established
under section 170 e. of the Atomic Energy Act of 1954 (42
U.S.C. 2210(e)).
(d) EFFECT ON AMOUNT OF PUBLIC LIABILITY.—
(1) IN GENERAL.—Funds made available to the United
States under Article VII of the Convention with respect to

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121 STAT. 1744

a Price-Anderson incident shall be used to satisfy public liability
resulting from the Price-Anderson incident.
(2) AMOUNT.—The amount of public liability allowable
under section 170 of the Atomic Energy Act of 1954 (42 U.S.C.
2210) relating to a Price-Anderson incident under paragraph
(1) shall be increased by an amount equal to the difference
between—
(A) the amount of funds made available for the PriceAnderson incident under Article VII of the Convention;
and
(B) the amount of funds used under subsection (c)
to cover the contingent cost resulting from the Price-Anderson incident.
(e) RETROSPECTIVE RISK POOLING PROGRAM.—
(1) IN GENERAL.—Except as provided under paragraph (2),
each nuclear supplier shall participate in a retrospective risk
pooling program in accordance with this section to cover the
contingent cost resulting from a covered incident outside the
United States that is not a Price-Anderson incident.
(2) DEFERRED PAYMENT.—
(A) IN GENERAL.—The obligation of a nuclear supplier
to participate in the retrospective risk pooling program
shall be deferred until the United States is called on to
provide funds pursuant to Article VII of the Convention
with respect to a covered incident that is not a PriceAnderson incident.
(B) AMOUNT OF DEFERRED PAYMENT.—The amount of
a deferred payment of a nuclear supplier under subparagraph (A) shall be based on the risk-informed assessment
formula determined under subparagraph (C).
(C) RISK-INFORMED ASSESSMENT FORMULA.—
(i) IN GENERAL.—Not later than 3 years after the
date of the enactment of this Act, and every 5 years
thereafter, the Secretary shall, by regulation, determine the risk-informed assessment formula for the
allocation among nuclear suppliers of the contingent
cost resulting from a covered incident that is not a
Price-Anderson incident, taking into account risk factors such as—
(I) the nature and intended purpose of the
goods and services supplied by each nuclear supplier to each covered installation outside the
United States;
(II) the quantity of the goods and services
supplied by each nuclear supplier to each covered
installation outside the United States;
(III) the hazards associated with the supplied
goods and services if the goods and services fail
to achieve the intended purposes;
(IV) the hazards associated with the covered
installation outside the United States to which
the goods and services are supplied;
(V) the legal, regulatory, and financial infrastructure associated with the covered installation
outside the United States to which the goods and
services are supplied; and

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121 STAT. 1745

(VI) the hazards associated with particular
forms of transportation.
(ii) FACTORS FOR CONSIDERATION.—In determining
the formula, the Secretary may—
(I) exclude—
(aa) goods and services with negligible
risk;
(bb) classes of goods and services not
intended specifically for use in a nuclear
installation;
(cc) a nuclear supplier with a de minimis
share of the contingent cost; and
(dd) a nuclear supplier no longer in existence for which there is no identifiable successor; and
(II) establish the period on which the risk
assessment is based.
(iii) APPLICATION.—In applying the formula, the
Secretary shall not consider any covered installation
or transportation for which funds would be available
under section 170 of the Atomic Energy Act of 1954
(42 U.S.C. 2210).
(iv) REPORT.—Not later than 5 years after the
date of the enactment of this Act, and every 5 years
thereafter, the Secretary shall submit to the Committee
on Environment and Public Works of the Senate and
the Committee on Energy and Commerce of the House
of Representatives, a report on whether there is a
need for continuation or amendment of this section,
taking into account the effects of the implementation
of the Convention on the United States nuclear
industry and suppliers.
(f) REPORTING.—
(1) COLLECTION OF INFORMATION.—
(A) IN GENERAL.—The Secretary may collect information necessary for developing and implementing the formula for calculating the deferred payment of a nuclear
supplier under subsection (e)(2).
(B) PROVISION OF INFORMATION.—Each nuclear supplier and other appropriate persons shall make available
to the Secretary such information, reports, records, documents, and other data as the Secretary determines, by
regulation, to be necessary or appropriate to develop and
implement the formula under subsection (e)(2)(C).
(2) PRIVATE INSURANCE.—The Secretary shall make available to nuclear suppliers, and insurers of nuclear suppliers,
information to support the voluntary establishment and maintenance of private insurance against any risk for which nuclear
suppliers may be required to pay deferred payments under
this section.
(g) EFFECT ON LIABILITY.—Nothing in any other law (including
regulations) limits liability for a covered incident to an amount
equal to less than the amount prescribed in paragraph 1(a) of
Article IV of the Convention, unless the law—
(1) specifically refers to this section; and
(2) explicitly repeals, alters, amends, modifies, impairs,
displaces, or supersedes the effect of this subsection.

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121 STAT. 1746

(h) PAYMENTS TO AND BY THE UNITED STATES.—
(1) ACTION BY NUCLEAR SUPPLIERS.—
(A) NOTIFICATION.—In the case of a request for funds
under Article VII of the Convention resulting from a covered incident that is not a Price-Anderson incident, the
Secretary shall notify each nuclear supplier of the amount
of the deferred payment required to be made by the nuclear
supplier.
(B) PAYMENTS.—
(i) IN GENERAL.—Except as provided under clause
(ii), not later than 60 days after receipt of a notification
under subparagraph (A), a nuclear supplier shall pay
to the general fund of the Treasury the deferred payment of the nuclear supplier required under subparagraph (A).
(ii) ANNUAL PAYMENTS.—A nuclear supplier may
elect to prorate payment of the deferred payment
required under subparagraph (A) in 5 equal annual
payments (including interest on the unpaid balance
at the prime rate prevailing at the time the first payment is due).
(C) VOUCHERS.—A nuclear supplier shall submit payment certification vouchers to the Secretary of the Treasury
in accordance with section 3325 of title 31, United States
Code.
(2) USE OF FUNDS.—
(A) IN GENERAL.—Amounts paid into the Treasury
under paragraph (1) shall be available to the Secretary
of the Treasury, without further appropriation and without
fiscal year limitation, for the purpose of making the contributions of public funds required to be made by the United
States under the Convention.
(B) ACTION BY SECRETARY OF TREASURY.—The Secretary of the Treasury shall pay the contribution required
under the Convention to the court of competent jurisdiction
under Article XIII of the Convention with respect to the
applicable covered incident.
(3) FAILURE TO PAY.—If a nuclear supplier fails to make
a payment required under this subsection, the Secretary may
take appropriate action to recover from the nuclear supplier—
(A) the amount of the payment due from the nuclear
supplier;
(B) any applicable interest on the payment; and
(C) a penalty of not more than twice the amount of
the deferred payment due from the nuclear supplier.
(i) LIMITATION ON JUDICIAL REVIEW; CAUSE OF ACTION.—
(1) LIMITATION ON JUDICIAL REVIEW.—
(A) IN GENERAL.—In any civil action arising under
the Convention over which Article XIII of the Convention
grants jurisdiction to the courts of the United States, any
appeal or review by writ of mandamus or otherwise with
respect to a nuclear incident that is not a Price-Anderson
incident shall be in accordance with chapter 83 of title
28, United States Code, except that the appeal or review
shall occur in the United States Court of Appeals for the
District of Columbia Circuit.

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(B) SUPREME COURT JURISDICTION.—Nothing in this
paragraph affects the jurisdiction of the Supreme Court
of the United States under chapter 81 of title 28, United
States Code.
(2) CAUSE OF ACTION.—
(A) IN GENERAL.—Subject to subparagraph (B), in any
civil action arising under the Convention over which Article
XIII of the Convention grants jurisdiction to the courts
of the United States, in addition to any other cause of
action that may exist, an individual or entity shall have
a cause of action against the operator to recover for nuclear
damage suffered by the individual or entity.
(B) REQUIREMENT.—Subparagraph (A) shall apply only
if the individual or entity seeks a remedy for nuclear damage (as defined in Article I of the Convention) that was
caused by a nuclear incident (as defined in Article I of
the Convention) that is not a Price-Anderson incident.
(C) SAVINGS PROVISION.—Nothing in this paragraph
may be construed to limit, modify, extinguish, or otherwise
affect any cause of action that would have existed in the
absence of enactment of this paragraph.
(j) RIGHT OF RECOURSE.—This section does not provide to an
operator of a covered installation any right of recourse under the
Convention.
(k) PROTECTION OF SENSITIVE UNITED STATES INFORMATION.—
Nothing in the Convention or this section requires the disclosure
of—
(1) any data that, at any time, was Restricted Data (as
defined in section 11 of the Atomic Energy Act of 1954 (42
U.S.C. 2014));
(2) information relating to intelligence sources or methods
protected by section 102A(i) of the National Security Act of
1947 (50 U.S.C. 403–1(i)); or
(3) national security information classified under Executive
Order 12958 (50 U.S.C. 435 note; relating to classified national
security information) (or a successor Executive Order or regulation).
(l) REGULATIONS.—
(1) IN GENERAL.—The Secretary or the Commission, as
appropriate, may prescribe regulations to carry out section
170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) and
this section.
(2) REQUIREMENT.—Rules prescribed under this subsection
shall ensure, to the maximum extent practicable, that—
(A) the implementation of section 170 of the Atomic
Energy Act of 1954 (42 U.S.C. 2210) and this section is
consistent and equitable; and
(B) the financial and operational burden on a Commission licensee in complying with section 170 of that Act
is not greater as a result of the enactment of this section.
(3) APPLICABILITY OF PROVISION.—Section 553 of title 5,
United States Code, shall apply with respect to the promulgation of regulations under this subsection.
(4) EFFECT OF SUBSECTION.—The authority provided under
this subsection is in addition to, and does not impair or otherwise affect, any other authority of the Secretary or the Commission to prescribe regulations.

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(m) EFFECTIVE DATE.—This section shall take effect on the
date of the enactment of this Act.
42 USC 17374.

SEC. 935. TRANSPARENCY IN EXTRACTIVE INDUSTRIES RESOURCE
PAYMENTS.

(a) PURPOSE.—The purpose of this section is to—
(1) ensure greater United States energy security by combating corruption in the governments of foreign countries that
receive revenues from the sale of their natural resources; and
(2) enhance the development of democracy and increase
political and economic stability in such resource rich foreign
countries.
(b) STATEMENT OF POLICY.—It is the policy of the United
States—
(1) to increase energy security by promoting anti-corruption
initiatives in oil and natural gas rich countries; and
(2) to promote global energy security through promotion
of programs such as the Extractive Industries Transparency
Initiative (EITI) that seek to instill transparency and accountability into extractive industries resource payments.
(c) SENSE OF CONGRESS.—It is the sense of Congress that
the United States should further global energy security and promote
democratic development in resource-rich foreign countries by—
(1) encouraging further participation in the EITI by eligible
countries and companies; and
(2) promoting the efficacy of the EITI program by ensuring
a robust and candid review mechanism.
(d) REPORT.—
(1) REPORT REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, and annually thereafter,
the Secretary of State, in consultation with the Secretary of
Energy, shall submit to the appropriate congressional committees a report on progress made in promoting transparency
in extractive industries resource payments.
(2) MATTERS TO BE INCLUDED.—The report required by
paragraph (1) shall include a detailed description of United
States participation in the EITI, bilateral and multilateral diplomatic efforts to further participation in the EITI, and other
United States initiatives to strengthen energy security, deter
energy kleptocracy, and promote transparency in the extractive
industries.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated $3,000,000 for the purposes of United States
contributions to the Multi-Donor Trust Fund of the EITI.

TITLE X—GREEN JOBS

Green Jobs Act
of 2007.
29 USC 2801
note.

SEC. 1001. SHORT TITLE.

This title may be cited as the ‘‘Green Jobs Act of 2007’’.

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SEC. 1002. ENERGY EFFICIENCY AND RENEWABLE ENERGY WORKER
TRAINING PROGRAM.

Section 171 of the Workforce Investment Act of 1998 (29 U.S.C.
2916) is amended by adding at the end the following:
‘‘(e) ENERGY EFFICIENCY AND RENEWABLE ENERGY WORKER
TRAINING PROGRAM.—
‘‘(1) GRANT PROGRAM.—

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‘‘(A) IN GENERAL.—Not later than 6 months after the
date of enactment of the Green Jobs Act of 2007, the
Secretary, in consultation with the Secretary of Energy,
shall establish an energy efficiency and renewable energy
worker training program under which the Secretary shall
carry out the activities described in paragraph (2) to
achieve the purposes of this subsection.
‘‘(B) ELIGIBILITY.—For purposes of providing assistance
and services under the program established under this
subsection—
‘‘(i) target populations of eligible individuals to
be given priority for training and other services shall
include—
‘‘(I) workers impacted by national energy and
environmental policy;
‘‘(II) individuals in need of updated training
related to the energy efficiency and renewable
energy industries;
‘‘(III) veterans, or past and present members
of reserve components of the Armed Forces;
‘‘(IV) unemployed individuals;
‘‘(V) individuals, including at-risk youth,
seeking employment pathways out of poverty and
into economic self-sufficiency; and
‘‘(VI) formerly incarcerated, adjudicated, nonviolent offenders; and
‘‘(ii) energy efficiency and renewable energy industries eligible to participate in a program under this
subsection include—
‘‘(I) the energy-efficient building, construction,
and retrofits industries;
‘‘(II) the renewable electric power industry;
‘‘(III) the energy efficient and advanced drive
train vehicle industry;
‘‘(IV) the biofuels industry;
‘‘(V) the deconstruction and materials use
industries;
‘‘(VI) the energy efficiency assessment industry
serving the residential, commercial, or industrial
sectors; and
‘‘(VII) manufacturers that produce sustainable
products using environmentally sustainable processes and materials.
‘‘(2) ACTIVITIES.—
‘‘(A) NATIONAL RESEARCH PROGRAM.—Under the program established under paragraph (1), the Secretary, acting
through the Bureau of Labor Statistics, where appropriate,
shall collect and analyze labor market data to track
workforce trends resulting from energy-related initiatives
carried out under this subsection. Activities carried out
under this paragraph shall include—
‘‘(i) tracking and documentation of academic and
occupational competencies as well as future skill needs
with respect to renewable energy and energy efficiency
technology;

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‘‘(ii) tracking and documentation of occupational
information and workforce training data with respect
to renewable energy and energy efficiency technology;
‘‘(iii) collaborating with State agencies, workforce
investments boards, industry, organized labor, and
community and nonprofit organizations to disseminate
information on successful innovations for labor market
services and worker training with respect to renewable
energy and energy efficiency technology;
‘‘(iv) serving as a clearinghouse for best practices
in workforce development, job placement, and collaborative training partnerships;
‘‘(v) encouraging the establishment of workforce
training initiatives with respect to renewable energy
and energy efficiency technologies;
‘‘(vi) linking research and development in renewable energy and energy efficiency technology with the
development of standards and curricula for current
and future jobs;
‘‘(vii) assessing new employment and work practices including career ladder and upgrade training as
well as high performance work systems; and
‘‘(viii) providing technical assistance and capacity
building to national and State energy partnerships,
including industry and labor representatives.
‘‘(B) NATIONAL ENERGY TRAINING PARTNERSHIP
GRANTS.—
‘‘(i) IN GENERAL.—Under the program established
under paragraph (1), the Secretary shall award
National Energy Training Partnerships Grants on a
competitive basis to eligible entities to enable such
entities to carry out training that leads to economic
self-sufficiency and to develop an energy efficiency and
renewable energy industries workforce. Grants shall
be awarded under this subparagraph so as to ensure
geographic diversity with at least 2 grants awarded
to entities located in each of the 4 Petroleum Administration for Defense Districts with no subdistricts, and
at least 1 grant awarded to an entity located in each
of the subdistricts of the Petroleum Administration
for Defense District with subdistricts.
‘‘(ii) ELIGIBILITY.—To be eligible to receive a grant
under clause (i), an entity shall be a nonprofit partnership that—
‘‘(I) includes the equal participation of
industry, including public or private employers,
and labor organizations, including joint labormanagement training programs, and may include
workforce investment boards, community-based
organizations, qualified service and conservation
corps, educational institutions, small businesses,
cooperatives, State and local veterans agencies,
and veterans service organizations; and
‘‘(II) demonstrates—
‘‘(aa) experience in implementing and
operating worker skills training and education
programs;

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121 STAT. 1751

‘‘(bb) the ability to identify and involve
in training programs carried out under this
grant, target populations of individuals who
would benefit from training and be actively
involved in activities related to energy efficiency and renewable energy industries; and
‘‘(cc) the ability to help individuals achieve
economic self-sufficiency.
‘‘(iii) PRIORITY.—Priority shall be given to partnerships which leverage additional public and private
resources to fund training programs, including cash
or in-kind matches from participating employers.
‘‘(C) STATE LABOR MARKET RESEARCH, INFORMATION,
AND LABOR EXCHANGE RESEARCH PROGRAM.—
‘‘(i) IN GENERAL.—Under the program established
under paragraph (1), the Secretary shall award
competitive grants to States to enable such States to
administer labor market and labor exchange information programs that include the implementation of the
activities described in clause (ii), in coordination with
the one-stop delivery system.
‘‘(ii) ACTIVITIES.—A State shall use amounts
awarded under a grant under this subparagraph to
provide funding to the State agency that administers
the Wagner-Peyser Act and State unemployment compensation programs to carry out the following activities
using State agency merit staff:
‘‘(I) The identification of job openings in the
renewable energy and energy efficiency sector.
‘‘(II) The administration of skill and aptitude
testing and assessment for workers.
‘‘(III) The counseling, case management, and
referral of qualified job seekers to openings and
training programs, including energy efficiency and
renewable energy training programs.
‘‘(D) STATE ENERGY TRAINING PARTNERSHIP PROGRAM.—
‘‘(i) IN GENERAL.—Under the program established
under paragraph (1), the Secretary shall award
competitive grants to States to enable such States to
administer renewable energy and energy efficiency
workforce development programs that include the
implementation of the activities described in clause
(ii).
‘‘(ii) PARTNERSHIPS.—A State shall use amounts
awarded under a grant under this subparagraph to
award competitive grants to eligible State Energy
Sector Partnerships to enable such Partnerships to
coordinate with existing apprenticeship and labor
management training programs and implement
training programs that lead to the economic self-sufficiency of trainees.
‘‘(iii) ELIGIBILITY.—To be eligible to receive a grant
under this subparagraph, a State Energy Sector Partnership shall—
‘‘(I) consist of nonprofit organizations that
include equal participation from industry,
including public or private nonprofit employers,

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121 STAT. 1752

and labor organizations, including joint labormanagement training programs, and may include
representatives from local governments, the
workforce investment system, including one-stop
career centers, community based organizations,
qualified service and conservation corps, community colleges, and other post-secondary institutions,
small businesses, cooperatives, State and local veterans agencies, and veterans service organizations;
‘‘(II) demonstrate experience in implementing
and operating worker skills training and education
programs; and
‘‘(III) demonstrate the ability to identify and
involve in training programs, target populations
of workers who would benefit from training and
be actively involved in activities related to energy
efficiency and renewable energy industries.
‘‘(iv) PRIORITY.—In awarding grants under this
subparagraph, the Secretary shall give priority to
States that demonstrate that activities under the
grant—
‘‘(I) meet national energy policies associated
with energy efficiency, renewable energy, and the
reduction of emissions of greenhouse gases;
‘‘(II) meet State energy policies associated with
energy efficiency, renewable energy, and the reduction of emissions of greenhouse gases; and
‘‘(III) leverage additional public and private
resources to fund training programs, including
cash or in-kind matches from participating
employers.
‘‘(v) COORDINATION.—A grantee under this
subparagraph shall coordinate activities carried out
under the grant with existing other appropriate
training programs, including apprenticeship and labor
management training programs, including such activities referenced in paragraph (3)(A), and implement
training programs that lead to the economic self-sufficiency of trainees.
‘‘(E) PATHWAYS OUT OF POVERTY DEMONSTRATION PROGRAM.—
‘‘(i) IN GENERAL.—Under the program established
under paragraph (1), the Secretary shall award
competitive grants of sufficient size to eligible entities
to enable such entities to carry out training that leads
to economic self-sufficiency. The Secretary shall give
priority to entities that serve individuals in families
with income of less than 200 percent of the sufficiency
standard for the local areas where the training is conducted that specifies, as defined by the State, or where
such standard is not established, the income needs
of families, by family size, the number and ages of
children in the family, and sub-State geographical
considerations. Grants shall be awarded to ensure
geographic diversity.
‘‘(ii) ELIGIBLE ENTITIES.—To be eligible to receive
a grant an entity shall be a partnership that—

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‘‘(I) includes community-based nonprofit
organizations, educational institutions with expertise in serving low-income adults or youth, public
or private employers from the industry sectors
described in paragraph (1)(B)(ii), and labor
organizations representing workers in such
industry sectors;
‘‘(II) demonstrates a record of successful
experience in implementing and operating worker
skills training and education programs;
‘‘(III) coordinates activities, where appropriate,
with the workforce investment system; and
‘‘(IV) demonstrates the ability to recruit
individuals for training and to support such
individuals to successful completion in training
programs carried out under this grant, targeting
populations of workers who are or will be engaged
in activities related to energy efficiency and renewable energy industries.
‘‘(iii) PRIORITIES.—In awarding grants under this
paragraph, the Secretary shall give priority to
applicants that—
‘‘(I) target programs to benefit low-income
workers, unemployed youth and adults, high school
dropouts, or other underserved sectors of the
workforce within areas of high poverty;
‘‘(II) ensure that supportive services are
integrated with education and training, and delivered by organizations with direct access to and
experience with targeted populations;
‘‘(III) leverage additional public and private
resources to fund training programs, including
cash or in-kind matches from participating
employers;
‘‘(IV) involve employers and labor organizations in the determination of relevant skills and
competencies and ensure that the certificates or
credentials that result from the training are
employer-recognized;
‘‘(V) deliver courses at alternative times (such
as evening and weekend programs) and locations
most convenient and accessible to participants and
link adult remedial education with occupational
skills training; and
‘‘(VI) demonstrate substantial experience in
administering local, municipal, State, Federal,
foundation, or private entity grants.
‘‘(iv) DATA COLLECTION.—Grantees shall collect and
report the following information:
‘‘(I) The number of participants.
‘‘(II) The demographic characteristics of
participants, including race, gender, age, parenting
status, participation in other Federal programs,
education and literacy level at entry, significant
barriers to employment (such as limited English
proficiency, criminal record, addiction or mental

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121 STAT. 1754

health problem requiring treatment, or mental disability).
‘‘(III) The services received by participants,
including training, education, and supportive services.
‘‘(IV) The amount of program spending per
participant.
‘‘(V) Program completion rates.
‘‘(VI) Factors determined as significantly interfering with program participation or completion.
‘‘(VII) The rate of job placement and the rate
of employment retention after 1 year.
‘‘(VIII) The average wage at placement,
including any benefits, and the rate of average
wage increase after 1 year.
‘‘(IX) Any post-employment supportive services
provided.
The Secretary shall assist grantees in the collection
of data under this clause by making available, where
practicable, low-cost means of tracking the labor
market outcomes of participants, and by providing
standardized reporting forms, where appropriate.
‘‘(3) ACTIVITIES.—
‘‘(A) IN GENERAL.—Activities to be carried out under
a program authorized by subparagraph (B), (D), or (E)
of paragraph (2) shall be coordinated with existing systems
or providers, as appropriate. Such activities may include—
‘‘(i) occupational skills training, including curriculum development, on-the-job training, and classroom training;
‘‘(ii) safety and health training;
‘‘(iii) the provision of basic skills, literacy, GED,
English as a second language, and job readiness
training;
‘‘(iv) individual referral and tuition assistance for
a community college training program, or any training
program leading to an industry-recognized certificate;
‘‘(v) internship programs in fields related to energy
efficiency and renewable energy;
‘‘(vi) customized training in conjunction with an
existing registered apprenticeship program or labormanagement partnership;
‘‘(vii) incumbent worker and career ladder training
and skill upgrading and retraining;
‘‘(viii) the implementation of transitional jobs
strategies; and
‘‘(ix) the provision of supportive services.
‘‘(B) OUTREACH ACTIVITIES.—In addition to the activities authorized under subparagraph (A), activities authorized for programs under subparagraph (E) of paragraph
(2) may include the provision of outreach, recruitment,
career guidance, and case management services.
‘‘(4) WORKER PROTECTIONS AND NONDISCRIMINATION
REQUIREMENTS.—
‘‘(A) APPLICATION OF WIA.—The provisions of sections
181 and 188 of the Workforce Investment Act of 1998

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121 STAT. 1755

(29 U.S.C. 2931 and 2938) shall apply to all programs
carried out with assistance under this subsection.
‘‘(B) CONSULTATION WITH LABOR ORGANIZATIONS.—If a
labor organization represents a substantial number of
workers who are engaged in similar work or training in
an area that is the same as the area that is proposed
to be funded under this Act, the labor organization shall
be provided an opportunity to be consulted and to submit
comments in regard to such a proposal.
‘‘(5) PERFORMANCE MEASURES.—
‘‘(A) IN GENERAL.—The Secretary shall negotiate and
reach agreement with the eligible entities that receive
grants and assistance under this section on performance
measures for the indicators of performance referred to in
subparagraphs (A) and (B) of section 136(b)(2) that will
be used to evaluate the performance of the eligible entity
in carrying out the activities described in subsection (e)(2).
Each performance measure shall consist of such an indicator of performance, and a performance level referred
to in subparagraph (B).
‘‘(B) PERFORMANCE LEVELS.—The Secretary shall negotiate and reach agreement with the eligible entity regarding
the levels of performance expected to be achieved by the
eligible entity on the indicators of performance.
‘‘(6) REPORT.—
‘‘(A) STATUS REPORT.—Not later than 18 months after
the date of enactment of the Green Jobs Act of 2007,
the Secretary shall transmit a report to the Senate Committee on Energy and Natural Resources, the Senate Committee on Health, Education, Labor, and Pensions, the
House Committee on Education and Labor, and the House
Committee on Energy and Commerce on the training program established by this subsection. The report shall
include a description of the entities receiving funding and
the activities carried out by such entities.
‘‘(B) EVALUATION.—Not later than 3 years after the
date of enactment of such Act, the Secretary shall transmit
to the Senate Committee on Energy and Natural Resources,
the Senate Committee on Health, Education, Labor, and
Pensions, the House Committee on Education and Labor,
and the House Committee on Energy and Commerce an
assessment of such program and an evaluation of the activities carried out by entities receiving funding from such
program.
‘‘(7) DEFINITION.—As used in this subsection, the term
‘renewable energy’ has the meaning given such term in section
203(b)(2) of the Energy Policy Act of 2005 (Public Law 109–
58).
‘‘(8) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection,
$125,000,000 for each fiscal year, of which—
‘‘(A) not to exceed 20 percent of the amount appropriated in each such fiscal year shall be made available
for, and shall be equally divided between, national labor
market research and information under paragraph (2)(A)
and State labor market information and labor exchange
research under paragraph (2)(C), and not more than 2

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121 STAT. 1756

PUBLIC LAW 110–140—DEC. 19, 2007
percent of such amount shall be for the evaluation and
report required under paragraph (4);
‘‘(B) 20 percent shall be dedicated to Pathways Out
of Poverty Demonstration Programs under paragraph
(2)(E); and
‘‘(C) the remainder shall be divided equally between
National Energy Partnership Training Grants under paragraph (2)(B) and State energy training partnership grants
under paragraph (2)(D).’’.

TITLE XI—ENERGY TRANSPORTATION
AND INFRASTRUCTURE
Subtitle A—Department of Transportation
SEC. 1101. OFFICE OF CLIMATE CHANGE AND ENVIRONMENT.

Establishment.

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(a) IN GENERAL.—Section 102 of title 49, United States Code,
is amended—
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
‘‘(g) OFFICE OF CLIMATE CHANGE AND ENVIRONMENT.—
‘‘(1) ESTABLISHMENT.—There is established in the Department an Office of Climate Change and Environment to plan,
coordinate, and implement—
‘‘(A) department-wide research, strategies, and actions
under the Department’s statutory authority to reduce
transportation-related energy use and mitigate the effects
of climate change; and
‘‘(B) department-wide research strategies and actions
to address the impacts of climate change on transportation
systems and infrastructure.
‘‘(2) CLEARINGHOUSE.—The Office shall establish a clearinghouse of solutions, including cost-effective congestion reduction
approaches, to reduce air pollution and transportation-related
energy use and mitigate the effects of climate change.’’.
(b) COORDINATION.—The Office of Climate Change and Environment of the Department of Transportation shall coordinate its
activities with the United States Global Change Research Program.
(c) TRANSPORTATION SYSTEM’S IMPACT ON CLIMATE CHANGE
AND FUEL EFFICIENCY.—
(1) STUDY.—The Office of Climate Change and Environment, in coordination with the Environmental Protection
Agency and in consultation with the United States Global
Change Research Program, shall conduct a study to examine
the impact of the Nation’s transportation system on climate
change and the fuel efficiency savings and clean air impacts
of major transportation projects, to identify solutions to reduce
air pollution and transportation-related energy use and mitigate
the effects of climate change, and to examine the potential
fuel savings that could result from changes in the current
transportation system and through the use of intelligent
transportation systems that help businesses and consumers
to plan their travel and avoid delays, including Web-based
real-time transit information systems, congestion information

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systems, carpool information systems, parking information systems, freight route management systems, and traffic management systems.
(2) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation, in coordination with the Administrator of the Environmental Protection
Agency, shall transmit to the Committee on Transportation
and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation and the Committee
on Environment and Public Works of the Senate a report that
contains the results of the study required under this section.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary of Transportation for the Office
of Climate Change and Environment to carry out its duties under
section 102(g) of title 49, United States Code (as amended by
this Act), such sums as may be necessary for fiscal years 2008
through 2011.

Subtitle B—Railroads

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SEC. 1111. ADVANCED TECHNOLOGY LOCOMOTIVE GRANT PILOT PROGRAM.

42 USC 16101
note.

(a) IN GENERAL.—The Secretary of Transportation, in consultation with the Administrator of the Environmental Protection
Agency, shall establish and carry out a pilot program for making
grants to railroad carriers (as defined in section 20102 of title
49, United States Code) and State and local governments—
(1) for assistance in purchasing hybrid or other energyefficient locomotives, including hybrid switch and generatorset locomotives; and
(2) to demonstrate the extent to which such locomotives
increase fuel economy, reduce emissions, and lower costs of
operation.
(b) LIMITATION.—Notwithstanding subsection (a), no grant
under this section may be used to fund the costs of emissions
reductions that are mandated under Federal law.
(c) GRANT CRITERIA.—In selecting applicants for grants under
this section, the Secretary of Transportation shall consider—
(1) the level of energy efficiency that would be achieved
by the proposed project;
(2) the extent to which the proposed project would assist
in commercial deployment of hybrid or other energy-efficient
locomotive technologies;
(3) the extent to which the proposed project complements
other private or governmental partnership efforts to improve
air quality or fuel efficiency in a particular area; and
(4) the extent to which the applicant demonstrates innovative strategies and a financial commitment to increasing energy
efficiency and reducing greenhouse gas emissions of its railroad
operations.
(d) COMPETITIVE GRANT SELECTION PROCESS.—
(1) APPLICATIONS.—A railroad carrier or State or local
government seeking a grant under this section shall submit
for approval by the Secretary of Transportation an application

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PUBLIC LAW 110–140—DEC. 19, 2007

for the grant containing such information as the Secretary
of Transportation may require.
(2) COMPETITIVE SELECTION.—The Secretary of Transportation shall conduct a national solicitation for applications for
grants under this section and shall select grantees on a competitive basis.
(e) FEDERAL SHARE.—The Federal share of the cost of a project
under this section shall not exceed 80 percent of the project cost.
(f) REPORT.—Not later than 3 years after the date of enactment
of this Act, the Secretary of Transportation shall submit to Congress
a report on the results of the pilot program carried out under
this section.
(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary of Transportation $10,000,000
for each of the fiscal years 2008 through 2011 to carry out this
section. Such funds shall remain available until expended.
SEC. 1112. CAPITAL GRANTS FOR CLASS II AND CLASS III RAILROADS.

(a) AMENDMENT.—Chapter 223 of title 49, United States Code,
is amended to read as follows:
‘‘CHAPTER 223—CAPITAL GRANTS FOR CLASS II AND
CLASS III RAILROADS

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‘‘Sec.
‘‘22301. Capital grants for class II and class III railroads.

‘‘§ 22301. Capital grants for class II and class III railroads
‘‘(a) ESTABLISHMENT OF PROGRAM.—
‘‘(1) ESTABLISHMENT.—The Secretary of Transportation
shall establish a program for making capital grants to class
II and class III railroads. Such grants shall be for projects
in the public interest that—
‘‘(A)(i) rehabilitate, preserve, or improve railroad track
(including roadbed, bridges, and related track structures)
used primarily for freight transportation;
‘‘(ii) facilitate the continued or greater use of railroad
transportation for freight shipments; and
‘‘(iii) reduce the use of less fuel efficient modes of
transportation in the transportation of such shipments;
and
‘‘(B) demonstrate innovative technologies and advanced
research and development that increase fuel economy,
reduce greenhouse gas emissions, and lower the costs of
operation.
‘‘(2) PROVISION OF GRANTS.—Grants may be provided under
this chapter—
‘‘(A) directly to the class II or class III railroad; or
‘‘(B) with the concurrence of the class II or class III
railroad, to a State or local government.
‘‘(3) STATE COOPERATION.—Class II and class III railroad
applicants for a grant under this chapter are encouraged to
utilize the expertise and assistance of State transportation
agencies in applying for and administering such grants. State
transportation agencies are encouraged to provide such expertise and assistance to such railroads.

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‘‘(4) REGULATIONS.—Not later than October 1, 2008, the
Secretary shall issue final regulations to implement the program under this section.
‘‘(b) MAXIMUM FEDERAL SHARE.—The maximum Federal share
for carrying out a project under this section shall be 80 percent
of the project cost. The non-Federal share may be provided by
any non-Federal source in cash, equipment, or supplies. Other
in-kind contributions may be approved by the Secretary on a caseby-case basis consistent with this chapter.
‘‘(c) USE OF FUNDS.—Grants provided under this section shall
be used to implement track capital projects as soon as possible.
In no event shall grant funds be contractually obligated for a
project later than the end of the third Federal fiscal year following
the year in which the grant was awarded. Any funds not so obligated
by the end of such fiscal year shall be returned to the Secretary
for reallocation.
‘‘(d) EMPLOYEE PROTECTION.—The Secretary shall require as
a condition of any grant made under this section that the recipient
railroad provide a fair arrangement at least as protective of the
interests of employees who are affected by the project to be funded
with the grant as the terms imposed under section 11326(a), as
in effect on the date of the enactment of this chapter.
‘‘(e) LABOR STANDARDS.—
‘‘(1) PREVAILING WAGES.—The Secretary shall ensure that
laborers and mechanics employed by contractors and subcontractors in construction work financed by a grant made
under this section will be paid wages not less than those
prevailing on similar construction in the locality, as determined
by the Secretary of Labor under subchapter IV of chapter
31 of title 40 (commonly known as the ‘Davis-Bacon Act’).
The Secretary shall make a grant under this section only after
being assured that required labor standards will be maintained
on the construction work.
‘‘(2) WAGE RATES.—Wage rates in a collective bargaining
agreement negotiated under the Railway Labor Act (45 U.S.C.
151 et seq.) are deemed for purposes of this subsection to
comply with the subchapter IV of chapter 31 of title 40.
‘‘(f) STUDY.—The Secretary shall conduct a study of the projects
carried out with grant assistance under this section to determine
the extent to which the program helps promote a reduction in
fuel use associated with the transportation of freight and demonstrates innovative technologies that increase fuel economy, reduce
greenhouse gas emissions, and lower the costs of operation. Not
later than March 31, 2009, the Secretary shall submit a report
to the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the study, including any recommendations the Secretary considers appropriate regarding the
program.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary $50,000,000 for each of fiscal
years 2008 through 2011 for carrying out this section.’’.
(b) CLERICAL AMENDMENT.—The item relating to chapter 223
in the table of chapters of subtitle V of title 49, United States
Code, is amended to read as follows:

Deadline.

Deadline.
Reports.

‘‘223. CAPITAL GRANTS FOR CLASS II AND CLASS III RAILROADS ........22301’’.

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PUBLIC LAW 110–140—DEC. 19, 2007

Subtitle C—Marine Transportation
SEC. 1121. SHORT SEA TRANSPORTATION INITIATIVE.

(a) IN GENERAL.—Title 46, United States Code, is amended
by adding after chapter 555 the following:
‘‘CHAPTER 556—SHORT SEA TRANSPORTATION
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

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55601.
55602.
55603.
55604.
55605.

Short sea transportation program.
Cargo and shippers.
Interagency coordination.
Research on short sea transportation.
Short sea transportation defined.

‘‘§ 55601. Short sea transportation program
‘‘(a) ESTABLISHMENT.—The Secretary of Transportation shall
establish a short sea transportation program and designate short
sea transportation projects to be conducted under the program
to mitigate landside congestion.
‘‘(b) PROGRAM ELEMENTS.—The program shall encourage the
use of short sea transportation through the development and expansion of—
‘‘(1) documented vessels;
‘‘(2) shipper utilization;
‘‘(3) port and landside infrastructure; and
‘‘(4) marine transportation strategies by State and local
governments.
‘‘(c) SHORT SEA TRANSPORTATION ROUTES.—The Secretary shall
designate short sea transportation routes as extensions of the surface transportation system to focus public and private efforts to
use the waterways to relieve landside congestion along coastal
corridors. The Secretary may collect and disseminate data for the
designation and delineation of short sea transportation routes.
‘‘(d) PROJECT DESIGNATION.—The Secretary may designate a
project to be a short sea transportation project if the Secretary
determines that the project may—
‘‘(1) offer a waterborne alternative to available landside
transportation services using documented vessels; and
‘‘(2) provide transportation services for passengers or
freight (or both) that may reduce congestion on landside infrastructure using documented vessels.
‘‘(e) ELEMENTS OF PROGRAM.—For a short sea transportation
project designated under this section, the Secretary may—
‘‘(1) promote the development of short sea transportation
services;
‘‘(2) coordinate, with ports, State departments of transportation, localities, other public agencies, and the private sector
and on the development of landside facilities and infrastructure
to support short sea transportation services; and
‘‘(3) develop performance measures for the short sea
transportation program.
‘‘(f) MULTISTATE, STATE AND REGIONAL TRANSPORTATION PLANNING.—The Secretary, in consultation with Federal entities and
State and local governments, shall develop strategies to encourage
the use of short sea transportation for transportation of passengers
and cargo. The Secretary shall—

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‘‘(1) assess the extent to which States and local governments include short sea transportation and other marine
transportation solutions in their transportation planning;
‘‘(2) encourage State departments of transportation to
develop strategies, where appropriate, to incorporate short sea
transportation, ferries, and other marine transportation solutions for regional and interstate transport of freight and passengers in their transportation planning; and
‘‘(3) encourage groups of States and multi-State transportation entities to determine how short sea transportation can
address congestion, bottlenecks, and other interstate transportation challenges.
‘‘§ 55602. Cargo and shippers
‘‘(a) MEMORANDUMS OF AGREEMENT.—The Secretary of
Transportation shall enter into memorandums of understanding
with the heads of other Federal entities to transport federally
owned or generated cargo using a short sea transportation project
designated under section 55601 when practical or available.
‘‘(b) SHORT-TERM INCENTIVES.—The Secretary shall consult
shippers and other participants in transportation logistics and
develop proposals for short-term incentives to encourage the use
of short sea transportation.
‘‘§ 55603. Interagency coordination
‘‘The Secretary of Transportation shall establish a board to
identify and seek solutions to impediments hindering effective use
of short sea transportation. The board shall include representatives
of the Environmental Protection Agency and other Federal, State,
and local governmental entities and private sector entities.

Establishment.

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‘‘§ 55604. Research on short sea transportation
‘‘The Secretary of Transportation, in consultation with the
Administrator of the Environmental Protection Agency, may conduct
research on short sea transportation, regarding—
‘‘(1) the environmental and transportation benefits to be
derived from short sea transportation alternatives for other
forms of transportation;
‘‘(2) technology, vessel design, and other improvements that
would reduce emissions, increase fuel economy, and lower costs
of short sea transportation and increase the efficiency of intermodal transfers; and
‘‘(3) solutions to impediments to short sea transportation
projects designated under section 55601.
‘‘§ 55605. Short sea transportation defined
‘‘In this chapter, the term ‘short sea transportation’ means
the carriage by vessel of cargo—
‘‘(1) that is—
‘‘(A) contained in intermodal cargo containers and
loaded by crane on the vessel; or
‘‘(B) loaded on the vessel by means of wheeled technology; and
‘‘(2) that is—
‘‘(A) loaded at a port in the United States and unloaded
either at another port in the United States or at a port

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in Canada located in the Great Lakes Saint Lawrence
Seaway System; or
‘‘(B) loaded at a port in Canada located in the Great
Lakes Saint Lawrence Seaway System and unloaded at
a port in the United States.’’.
(b) CLERICAL AMENDMENT.—The table of chapters at the beginning of subtitle V of such title is amended by inserting after the
item relating to chapter 555 the following:
‘‘556. Short Sea Transportation .......................................................................55601’’.

(c) REGULATIONS.—
(1) INTERIM REGULATIONS.—Not later than 90 days after
the date of enactment of this Act, the Secretary of Transportation shall issue temporary regulations to implement the program under this section. Subchapter II of chapter 5 of title
5, United States Code, does not apply to a temporary regulation
issued under this paragraph or to an amendment to such a
temporary regulation.
(2) FINAL REGULATIONS.—Not later than October 1, 2008,
the Secretary of Transportation shall issue final regulations
to implement the program under this section.

Deadlines.
46 USC 55601
note.

SEC.

1122.

SHORT SEA SHIPPING
CONSTRUCTION FUND.

ELIGIBILITY

FOR

CAPITAL

(a) DEFINITION OF QUALIFIED VESSEL.—Section 53501 of title
46, United States Code, is amended—
(1) in paragraph (5)(A)(iii) by striking ‘‘or noncontiguous
domestic’’ and inserting ‘‘noncontiguous domestic, or short sea
transportation trade’’; and
(2) by inserting after paragraph (6) the following:
‘‘(7) SHORT SEA TRANSPORTATION TRADE.—The term ‘short
sea transportation trade’ means the carriage by vessel of
cargo—
‘‘(A) that is—
‘‘(i) contained in intermodal cargo containers and
loaded by crane on the vessel; or
‘‘(ii) loaded on the vessel by means of wheeled
technology; and
‘‘(B) that is—
‘‘(i) loaded at a port in the United States and
unloaded either at another port in the United States
or at a port in Canada located in the Great Lakes
Saint Lawrence Seaway System; or
‘‘(ii) loaded at a port in Canada located in the
Great Lakes Saint Lawrence Seaway System and
unloaded at a port in the United States.’’.
(b) ALLOWABLE PURPOSE.—Section 53503(b) of such title is
amended by striking ‘‘or noncontiguous domestic trade’’ and
inserting ‘‘noncontiguous domestic, or short sea transportation
trade’’.

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SEC. 1123. SHORT SEA TRANSPORTATION REPORT.

Not later than 1 year after the date of enactment of this
Act, the Secretary of Transportation, in consultation with the
Administrator of the Environmental Protection Agency, shall submit
to the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and

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121 STAT. 1763

Transportation of the Senate a report on the short sea transportation program established under the amendments made by section
1121. The report shall include a description of the activities conducted under the program, and any recommendations for further
legislative or administrative action that the Secretary of Transportation considers appropriate.

Subtitle D—Highways
SEC. 1131. INCREASED FEDERAL SHARE FOR CMAQ PROJECTS.

Section 120(c) of title 23, United States Code, is amended—
(1) in the subsection heading by striking ‘‘FOR CERTAIN
SAFETY PROJECTS’’;
(2) by striking ‘‘The Federal share’’ and inserting the following:
‘‘(1) CERTAIN SAFETY PROJECTS.—The Federal share’’; and
(3) by adding at the end the following:
‘‘(2) CMAQ PROJECTS.—The Federal share payable on
account of a project or program carried out under section 149
with funds obligated in fiscal year 2008 or 2009, or both,
shall be not less than 80 percent and, at the discretion of
the State, may be up to 100 percent of the cost thereof.’’.
SEC. 1132. DISTRIBUTION OF RESCISSIONS.

(a) IN GENERAL.—Any unobligated balances of amounts that
are appropriated from the Highway Trust Fund for a fiscal year,
and apportioned under chapter 1 of title 23, United States Code,
before, on, or after the date of enactment of this Act and that
are rescinded in fiscal year 2008 or fiscal year 2009 shall be distributed by the Secretary of Transportation within each State (as
defined in section 101 of such title) among all programs for which
funds are apportioned under such chapter for such fiscal year,
to the extent sufficient funds remain available for obligation, in
the ratio that the amount of funds apportioned for each program
under such chapter for such fiscal year, bears to the amount of
funds apportioned for all such programs under such chapter for
such fiscal year.
(b) ADJUSTMENTS.—A State may make adjustments to the distribution of a rescission within the State for a fiscal year under
subsection (a) by transferring the amounts to be rescinded among
the programs for which funds are apportioned under chapter 1
of title 23, United States Code, for such fiscal year, except that
in making such adjustments the State may not rescind from any
such program more than 110 percent of the funds to be rescinded
from the program for the fiscal year as determined by the Secretary
of Transportation under subsection (a).
(c) TREATMENT OF TRANSPORTATION ENHANCEMENT SET-ASIDE
AND FUNDS SUBALLOCATED TO SUBSTATE AREAS.—Funds set aside
under sections 133(d)(2) and 133(d)(3) of title 23, United States
Code, shall be treated as being apportioned under chapter 1 of
such title for purposes of subsection (a).

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SEC. 1133. SENSE OF CONGRESS REGARDING USE OF COMPLETE
STREETS DESIGN TECHNIQUES.

It is the sense of Congress that in constructing new roadways
or rehabilitating existing facilities, State and local governments
should consider policies designed to accommodate all users,

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including motorists, pedestrians, cyclists, transit riders, and people
of all ages and abilities, in order to—
(1) serve all surface transportation users by creating a
more interconnected and intermodal system;
(2) create more viable transportation options; and
(3) facilitate the use of environmentally friendly options,
such as public transportation, walking, and bicycling.

TITLE XII—SMALL BUSINESS ENERGY
PROGRAMS

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SEC. 1201. EXPRESS LOANS FOR RENEWABLE ENERGY AND ENERGY
EFFICIENCY.

Section 7(a)(31) of the Small Business Act (15 U.S.C. 636(a)(31))
is amended by adding at the end the following:
‘‘(F) EXPRESS LOANS FOR RENEWABLE ENERGY AND
ENERGY EFFICIENCY.—
‘‘(i) DEFINITIONS.—In this subparagraph—
‘‘(I) the term ‘biomass’—
‘‘(aa) means any organic material that is
available on a renewable or recurring basis,
including—
‘‘(AA) agricultural crops;
‘‘(BB) trees grown for energy production;
‘‘(CC) wood waste and wood residues;
‘‘(DD) plants (including aquatic plants
and grasses);
‘‘(EE) residues;
‘‘(FF) fibers;
‘‘(GG) animal wastes and other waste
materials; and
‘‘(HH) fats, oils, and greases
(including recycled fats, oils, and greases);
and
‘‘(bb) does not include—
‘‘(AA) paper that is commonly
recycled; or
‘‘(BB) unsegregated solid waste;
‘‘(II) the term ‘energy efficiency project’ means
the installation or upgrading of equipment that
results in a significant reduction in energy usage;
and
‘‘(III) the term ‘renewable energy system’
means a system of energy derived from—
‘‘(aa) a wind, solar, biomass (including biodiesel), or geothermal source; or
‘‘(bb) hydrogen derived from biomass or
water using an energy source described in item
(aa).
‘‘(ii) LOANS.—The Administrator may make a loan
under the Express Loan Program for the purpose of—
‘‘(I) purchasing a renewable energy system;
or
‘‘(II) carrying out an energy efficiency project
for a small business concern.’’.

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SEC. 1202. PILOT PROGRAM FOR REDUCED 7(a) FEES FOR PURCHASE
OF ENERGY EFFICIENT TECHNOLOGIES.

Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is
amended by adding at the end the following:
‘‘(32) LOANS FOR ENERGY EFFICIENT TECHNOLOGIES.—
‘‘(A) DEFINITIONS.—In this paragraph—
‘‘(i) the term ‘cost’ has the meaning given that
term in section 502 of the Federal Credit Reform Act
of 1990 (2 U.S.C. 661a);
‘‘(ii) the term ‘covered energy efficiency loan’ means
a loan—
‘‘(I) made under this subsection; and
‘‘(II) the proceeds of which are used to purchase energy efficient designs, equipment, or fixtures, or to reduce the energy consumption of the
borrower by 10 percent or more; and
‘‘(iii) the term ‘pilot program’ means the pilot program established under subparagraph (B)
‘‘(B) ESTABLISHMENT.—The Administrator shall establish and carry out a pilot program under which the
Administrator shall reduce the fees for covered energy efficiency loans.
‘‘(C) DURATION.—The pilot program shall terminate at
the end of the second full fiscal year after the date that
the Administrator establishes the pilot program.
‘‘(D) MAXIMUM PARTICIPATION.—A covered energy efficiency loan shall include the maximum participation levels
by the Administrator permitted for loans made under this
subsection.
‘‘(E) FEES.—
‘‘(i) IN GENERAL.—The fee on a covered energy
efficiency loan shall be equal to 50 percent of the
fee otherwise applicable to that loan under paragraph
(18).
‘‘(ii) WAIVER.—The Administrator may waive
clause (i) for a fiscal year if—
‘‘(I) for the fiscal year before that fiscal year,
the annual rate of default of covered energy efficiency loans exceeds that of loans made under
this subsection that are not covered energy efficiency loans;
‘‘(II) the cost to the Administration of making
loans under this subsection is greater than zero
and such cost is directly attributable to the cost
of making covered energy efficiency loans; and
‘‘(III) no additional sources of revenue
authority are available to reduce the cost of
making loans under this subsection to zero.
‘‘(iii) EFFECT OF WAIVER.—If the Administrator
waives the reduction of fees under clause (ii), the
Administrator—
‘‘(I) shall not assess or collect fees in an
amount greater than necessary to ensure that the
cost of the program under this subsection is not
greater than zero; and

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PUBLIC LAW 110–140—DEC. 19, 2007
‘‘(II) shall reinstate the fee reductions under
clause (i) when the conditions in clause (ii) no
longer apply.
‘‘(iv) NO INCREASE OF FEES.—The Administrator
shall not increase the fees under paragraph (18) on
loans made under this subsection that are not covered
energy efficiency loans as a direct result of the pilot
program.
‘‘(F) GAO REPORT.—
‘‘(i) IN GENERAL.—Not later than 1 year after the
date that the pilot program terminates, the Comptroller General of the United States shall submit to
the Committee on Small Business of the House of
Representatives and the Committee on Small Business
and Entrepreneurship of the Senate a report on the
pilot program.
‘‘(ii) CONTENTS.—The report submitted under
clause (i) shall include—
‘‘(I) the number of covered energy efficiency
loans for which fees were reduced under the pilot
program;
‘‘(II) a description of the energy efficiency
savings with the pilot program;
‘‘(III) a description of the impact of the pilot
program on the program under this subsection;
‘‘(IV) an evaluation of the efficacy and potential fraud and abuse of the pilot program; and
‘‘(V) recommendations for improving the pilot
program.’’.

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15 USC 657h.

SEC. 1203. SMALL BUSINESS ENERGY EFFICIENCY.

(a) DEFINITIONS.—In this section—
(1) the terms ‘‘Administration’’ and ‘‘Administrator’’ mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ‘‘association’’ means the association of small
business development centers established under section
21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A));
(3) the term ‘‘disability’’ has the meaning given that term
in section 3 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12102);
(4) the term ‘‘Efficiency Program’’ means the Small Business Energy Efficiency Program established under subsection
(c)(1);
(5) the term ‘‘electric utility’’ has the meaning given that
term in section 3 of the Public Utility Regulatory Policies
Act of 1978 (16 U.S.C. 2602);
(6) the term ‘‘high performance green building’’ has the
meaning given that term in section 401;
(7) the term ‘‘on-bill financing’’ means a low interest or
no interest financing agreement between a small business concern and an electric utility for the purchase or installation
of equipment, under which the regularly scheduled payment
of that small business concern to that electric utility is not
reduced by the amount of the reduction in cost attributable
to the new equipment and that amount is credited to the

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electric utility, until the cost of the purchase or installation
is repaid;
(8) the term ‘‘small business concern’’ has the same
meaning as in section 3 of the Small Business Act (15 U.S.C.
632);
(9) the term ‘‘small business development center’’ means
a small business development center described in section 21
of the Small Business Act (15 U.S.C. 648);
(10) the term ‘‘telecommuting’’ means the use of telecommunications to perform work functions under circumstances
which reduce or eliminate the need to commute;
(11) the term ‘‘Telecommuting Pilot Program’’ means the
pilot program established under subsection (d)(1)(A); and
(12) the term ‘‘veteran’’ has the meaning given that term
in section 101 of title 38, United States Code.
(b) IMPLEMENTATION OF SMALL BUSINESS ENERGY EFFICIENCY
PROGRAM.—
(1) IN GENERAL.—Not later than 90 days after the date
of enactment of this Act, the Administrator shall promulgate
final rules establishing the Government-wide program authorized under subsection (d) of section 337 of the Energy Policy
and Conservation Act (42 U.S.C. 6307) that ensure compliance
with that subsection by not later than 6 months after such
date of enactment.
(2) PROGRAM REQUIRED.—The Administrator shall develop
and coordinate a Government-wide program, building on the
Energy Star for Small Business program, to assist small business concerns in—
(A) becoming more energy efficient;
(B) understanding the cost savings from improved
energy efficiency; and
(C) identifying financing options for energy efficiency
upgrades.
(3) CONSULTATION AND COOPERATION.—The program
required by paragraph (2) shall be developed and coordinated—
(A) in consultation with the Secretary of Energy and
the Administrator of the Environmental Protection Agency;
and
(B) in cooperation with any entities the Administrator
considers appropriate, such as industry trade associations,
industry members, and energy efficiency organizations.
(4) AVAILABILITY OF INFORMATION.—The Administrator
shall make available the information and materials developed
under the program required by paragraph (2) to—
(A) small business concerns, including smaller design,
engineering, and construction firms; and
(B) other Federal programs for energy efficiency, such
as the Energy Star for Small Business program.
(5) STRATEGY AND REPORT.—
(A) STRATEGY REQUIRED.—The Administrator shall
develop a strategy to educate, encourage, and assist small
business concerns in adopting energy efficient building fixtures and equipment.
(B) REPORT.—Not later than December 31, 2008, the
Administrator shall submit to Congress a report containing
a plan to implement the strategy developed under subparagraph (A).

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(c) SMALL BUSINESS SUSTAINABILITY INITIATIVE.—
(1) AUTHORITY.—The Administrator shall establish a Small
Business Energy Efficiency Program to provide energy efficiency
assistance to small business concerns through small business
development centers.
(2) SMALL BUSINESS DEVELOPMENT CENTERS.—
(A) IN GENERAL.—In carrying out the Efficiency Program, the Administrator shall enter into agreements with
small business development centers under which such centers shall—
(i) provide access to information and resources on
energy efficiency practices, including on-bill financing
options;
(ii) conduct training and educational activities;
(iii) offer confidential, free, one-on-one, in-depth
energy audits to the owners and operators of small
business concerns regarding energy efficiency practices;
(iv) give referrals to certified professionals and
other providers of energy efficiency assistance who
meet such standards for educational, technical, and
professional competency as the Administrator shall
establish;
(v) to the extent not inconsistent with controlling
State public utility regulations, act as a facilitator
between small business concerns, electric utilities,
lenders, and the Administration to facilitate on-bill
financing arrangements;
(vi) provide necessary support to small business
concerns to—
(I) evaluate energy efficiency opportunities and
opportunities to design or construct high performance green buildings;
(II) evaluate renewable energy sources, such
as the use of solar and small wind to supplement
power consumption;
(III) secure financing to achieve energy efficiency or to design or construct high performance
green buildings; and
(IV) implement energy efficiency projects;
(vii) assist owners of small business concerns with
the development and commercialization of clean technology products, goods, services, and processes that
use renewable energy sources, dramatically reduce the
use of natural resources, and cut or eliminate greenhouse gas emissions through—
(I) technology assessment;
(II) intellectual property;
(III) Small Business Innovation Research
submissions under section 9 of the Small Business
Act (15 U.S.C. 638);
(IV) strategic alliances;
(V) business model development; and
(VI) preparation for investors; and
(viii) help small business concerns improve
environmental performance by shifting to less hazardous materials and reducing waste and emissions,
including by providing assistance for small business

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Contracts.

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concerns to adapt the materials they use, the processes
they operate, and the products and services they
produce.
(B) REPORTS.—Each small business development center
participating in the Efficiency Program shall submit to
the Administrator and the Administrator of the Environmental Protection Agency an annual report that includes—
(i) a summary of the energy efficiency assistance
provided by that center under the Efficiency Program;
(ii) the number of small business concerns assisted
by that center under the Efficiency Program;
(iii) statistics on the total amount of energy saved
as a result of assistance provided by that center under
the Efficiency Program; and
(iv) any additional information determined necessary by the Administrator, in consultation with the
association.
(C) REPORTS TO CONGRESS.—Not later than 60 days
after the date on which all reports under subparagraph
(B) relating to a year are submitted, the Administrator
shall submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on
Small Business of the House of Representatives a report
summarizing the information regarding the Efficiency Program submitted by small business development centers
participating in that program.
(3) ELIGIBILITY.—A small business development center
shall be eligible to participate in the Efficiency Program only
if that center is certified under section 21(k)(2) of the Small
Business Act (15 U.S.C. 648(k)(2)).
(4) SELECTION OF PARTICIPATING STATE PROGRAMS.—From
among small business development centers submitting applications to participate in the Efficiency Program, the Administrator—
(A) shall, to the maximum extent practicable, select
small business development centers in such a manner so
as to promote a nationwide distribution of centers participating in the Efficiency Program; and
(B) may not select more than 1 small business development center in a State to participate in the Efficiency
Program.
(5) MATCHING REQUIREMENT.—Subparagraphs (A) and (B)
of section 21(a)(4) of the Small Business Act (15 U.S.C.
648(a)(4)) shall apply to assistance made available under the
Efficiency Program.
(6) GRANT AMOUNTS.—Each small business development
center selected to participate in the Efficiency Program under
paragraph (4) shall be eligible to receive a grant in an amount
equal to—
(A) not less than $100,000 in each fiscal year; and
(B) not more than $300,000 in each fiscal year.
(7) EVALUATION AND REPORT.—The Comptroller General
of the United States shall—
(A) not later than 30 months after the date of disbursement of the first grant under the Efficiency Program, initiate an evaluation of that program; and

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(B) not later than 6 months after the date of the
initiation of the evaluation under subparagraph (A), submit
to the Administrator, the Committee on Small Business
and Entrepreneurship of the Senate, and the Committee
on Small Business of the House of Representatives, a report
containing—
(i) the results of the evaluation; and
(ii) any recommendations regarding whether the
Efficiency Program, with or without modification,
should be extended to include the participation of all
small business development centers.
(8) GUARANTEE.—To the extent not inconsistent with State
law, the Administrator may guarantee the timely payment
of a loan made to a small business concern through an onbill financing agreement on such terms and conditions as the
Administrator shall establish through a formal rulemaking,
after providing notice and an opportunity for comment.
(9) IMPLEMENTATION.—Subject to amounts approved in
advance in appropriations Acts and separate from amounts
approved to carry out section 21(a)(1) of the Small Business
Act (15 U.S.C. 648(a)(1)), the Administrator may make grants
or enter into cooperative agreements to carry out this subsection.
(10) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as are necessary to
make grants and enter into cooperative agreements to carry
out this subsection.
(11) TERMINATION.—The authority under this subsection
shall terminate 4 years after the date of disbursement of the
first grant under the Efficiency Program.
(d) SMALL BUSINESS TELECOMMUTING.—
(1) PILOT PROGRAM.—
(A) IN GENERAL.—The Administrator shall conduct, in
not more than 5 of the regions of the Administration,
a pilot program to provide information regarding telecommuting to employers that are small business concerns and
to encourage such employers to offer telecommuting options
to employees.
(B) SPECIAL OUTREACH TO INDIVIDUALS WITH DISABILITIES.—In carrying out the Telecommuting Pilot Program,
the Administrator shall make a concerted effort to provide
information to—
(i) small business concerns owned by or employing
individuals with disabilities, particularly veterans who
are individuals with disabilities;
(ii) Federal, State, and local agencies having
knowledge and expertise in assisting individuals with
disabilities, including veterans who are individuals
with disabilities; and
(iii) any group or organization, the primary purpose of which is to aid individuals with disabilities
or veterans who are individuals with disabilities.
(C) PERMISSIBLE ACTIVITIES.—In carrying out the Telecommuting Pilot Program, the Administrator may—
(i) produce educational materials and conduct
presentations designed to raise awareness in the small

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business community of the benefits and the ease of
telecommuting;
(ii) conduct outreach—
(I) to small business concerns that are considering offering telecommuting options; and
(II) as provided in subparagraph (B); and
(iii) acquire telecommuting technologies and equipment to be used for demonstration purposes.
(D) SELECTION OF REGIONS.—In determining which
regions will participate in the Telecommuting Pilot Program, the Administrator shall give priority consideration
to regions in which Federal agencies and private-sector
employers have demonstrated a strong regional commitment to telecommuting.
(2) REPORT TO CONGRESS.—Not later than 2 years after
the date on which funds are first appropriated to carry out
this subsection, the Administrator shall transmit to the Committee on Small Business and Entrepreneurship of the Senate
and the Committee on Small Business of the House of Representatives a report containing the results of an evaluation
of the Telecommuting Pilot Program and any recommendations
regarding whether the pilot program, with or without modification, should be extended to include the participation of all
regions of the Administration.
(3) TERMINATION.—The Telecommuting Pilot Program shall
terminate 4 years after the date on which funds are first
appropriated to carry out this subsection.
(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Administration $5,000,000 to
carry out this subsection.
(e) ENCOURAGING INNOVATION IN ENERGY EFFICIENCY.—Section
9 of the Small Business Act (15 U.S.C. 638) is amended by adding
at the end the following:
‘‘(z) ENCOURAGING INNOVATION IN ENERGY EFFICIENCY.—
‘‘(1) FEDERAL AGENCY ENERGY-RELATED PRIORITY.—In carrying out its duties under this section relating to SBIR and
STTR solicitations by Federal departments and agencies, the
Administrator shall—
‘‘(A) ensure that such departments and agencies give
high priority to small business concerns that participate
in or conduct energy efficiency or renewable energy system
research and development projects; and
‘‘(B) include in the annual report to Congress under
subsection (b)(7) a determination of whether the priority
described in subparagraph (A) is being carried out.
‘‘(2) CONSULTATION REQUIRED.—The Administrator shall
consult with the heads of other Federal departments and agencies in determining whether priority has been given to small
business concerns that participate in or conduct energy efficiency or renewable energy system research and development
projects, as required by this subsection.
‘‘(3) GUIDELINES.—The Administrator shall, as soon as is
practicable after the date of enactment of this subsection, issue
guidelines and directives to assist Federal agencies in meeting
the requirements of this subsection.
‘‘(4) DEFINITIONS.—In this subsection—
‘‘(A) the term ‘biomass’—

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‘‘(i) means any organic material that is available
on a renewable or recurring basis, including—
‘‘(I) agricultural crops;
‘‘(II) trees grown for energy production;
‘‘(III) wood waste and wood residues;
‘‘(IV) plants (including aquatic plants and
grasses);
‘‘(V) residues;
‘‘(VI) fibers;
‘‘(VII) animal wastes and other waste materials; and
‘‘(VIII) fats, oils, and greases (including
recycled fats, oils, and greases); and
‘‘(ii) does not include—
‘‘(I) paper that is commonly recycled; or
‘‘(II) unsegregated solid waste;
‘‘(B) the term ‘energy efficiency project’ means the
installation or upgrading of equipment that results in a
significant reduction in energy usage; and
‘‘(C) the term ‘renewable energy system’ means a
system of energy derived from—
‘‘(i) a wind, solar, biomass (including biodiesel),
or geothermal source; or
‘‘(ii) hydrogen derived from biomass or water using
an energy source described in clause (i).’’.

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SEC. 1204. LARGER 504 LOAN LIMITS TO HELP BUSINESS DEVELOP
ENERGY EFFICIENT TECHNOLOGIES AND PURCHASES.

(a) ELIGIBILITY FOR ENERGY EFFICIENCY PROJECTS.—Section
501(d)(3) of the Small Business Investment Act of 1958 (15 U.S.C.
695(d)(3)) is amended—
(1) in subparagraph (G) by striking ‘‘or’’ at the end;
(2) in subparagraph (H) by striking the period at the end
and inserting a comma;
(3) by inserting after subparagraph (H) the following:
‘‘(I) reduction of energy consumption by at least 10
percent,
‘‘(J) increased use of sustainable design, including
designs that reduce the use of greenhouse gas emitting
fossil fuels, or low-impact design to produce buildings that
reduce the use of non-renewable resources and minimize
environmental impact, or
‘‘(K) plant, equipment and process upgrades of renewable energy sources such as the small-scale production
of energy for individual buildings or communities consumption, commonly known as micropower, or renewable fuels
producers including biodiesel and ethanol producers.’’; and
(4) by adding at the end the following: ‘‘In subparagraphs
(J) and (K), terms have the meanings given those terms under
the Leadership in Energy and Environmental Design (LEED)
standard for green building certification, as determined by the
Administrator.’’.
(b) LOANS FOR PLANT PROJECTS USED FOR ENERGY-EFFICIENT
PURPOSES.—Section 502(2)(A) of the Small Business Investment
Act of 1958 (15 U.S.C. 696(2)(A)) is amended—
(1) in clause (ii) by striking ‘‘and’’ at the end;

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121 STAT. 1773

(2) in clause (iii) by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
‘‘(iv) $4,000,000 for each project that reduces the
borrower’s energy consumption by at least 10 percent;
and
‘‘(v) $4,000,000 for each project that generates
renewable energy or renewable fuels, such as biodiesel
or ethanol production.’’.
SEC. 1205. ENERGY SAVING DEBENTURES.

(a) IN GENERAL.—Section 303 of the Small Business Investment
Act of 1958 (15 U.S.C. 683) is amended by adding at the end
the following:
‘‘(k) ENERGY SAVING DEBENTURES.—In addition to any other
authority under this Act, a small business investment company
licensed in the first fiscal year after the date of enactment of
this subsection or any fiscal year thereafter may issue Energy
Saving debentures.’’.
(b) DEFINITIONS.—Section 103 of the Small Business Investment
Act of 1958 (15 U.S.C. 662) is amended—
(1) in paragraph (16), by striking ‘‘and’’ at the end;
(2) in paragraph (17), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(18) the term ‘Energy Saving debenture’ means a deferred
interest debenture that—
‘‘(A) is issued at a discount;
‘‘(B) has a 5-year maturity or a 10-year maturity;
‘‘(C) requires no interest payment or annual charge
for the first 5 years;
‘‘(D) is restricted to Energy Saving qualified investments; and
‘‘(E) is issued at no cost (as defined in section 502
of the Credit Reform Act of 1990) with respect to purchasing and guaranteeing the debenture; and
‘‘(19) the term ‘Energy Saving qualified investment’ means
investment in a small business concern that is primarily
engaged in researching, manufacturing, developing, or providing products, goods, or services that reduce the use or
consumption of non-renewable energy resources.’’.

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SEC. 1206. INVESTMENTS IN ENERGY SAVING SMALL BUSINESSES.

(a) MAXIMUM LEVERAGE.—Section 303(b)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 303(b)(2)) is amended by
adding at the end the following:
‘‘(D) INVESTMENTS IN ENERGY SAVING SMALL
BUSINESSES.—
‘‘(i) IN GENERAL.—Subject to clause (ii), in calculating the outstanding leverage of a company for purposes of subparagraph (A), the Administrator shall
exclude the amount of the cost basis of any Energy
Saving qualified investment in a smaller enterprise
made in the first fiscal year after the date of enactment
of this subparagraph or any fiscal year thereafter by
a company licensed in the applicable fiscal year.
‘‘(ii) LIMITATIONS.—

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15 USC 683.

PUBLIC LAW 110–140—DEC. 19, 2007

‘‘(I) AMOUNT OF EXCLUSION.—The amount
excluded under clause (i) for a company shall not
exceed 33 percent of the private capital of that
company.
‘‘(II) MAXIMUM INVESTMENT.—A company shall
not make an Energy Saving qualified investment
in any one entity in an amount equal to more
than 20 percent of the private capital of that company.
‘‘(III) OTHER TERMS.—The exclusion of
amounts under clause (i) shall be subject to such
terms as the Administrator may impose to ensure
that there is no cost (as that term is defined in
section 502 of the Federal Credit Reform Act of
1990 (2 U.S.C. 661a)) with respect to purchasing
or guaranteeing any debenture involved.’’.
(b) MAXIMUM AGGREGATE AMOUNT OF LEVERAGE.—Section
303(b)(4) of the Small Business Investment Act of 1958 (15 U.S.C.
303(b)(4)) is amended by adding at the end the following:
‘‘(E) INVESTMENTS IN ENERGY SAVING SMALL
BUSINESSES.—
‘‘(i) IN GENERAL.—Subject to clause (ii), in calculating the aggregate outstanding leverage of a company
for purposes of subparagraph (A), the Administrator
shall exclude the amount of the cost basis of any
Energy Saving qualified investment in a smaller enterprise made in the first fiscal year after the date of
enactment of this subparagraph or any fiscal year
thereafter by a company licensed in the applicable
fiscal year.
‘‘(ii) LIMITATIONS.—
‘‘(I) AMOUNT OF EXCLUSION.—The amount
excluded under clause (i) for a company shall not
exceed 33 percent of the private capital of that
company.
‘‘(II) MAXIMUM INVESTMENT.—A company shall
not make an Energy Saving qualified investment
in any one entity in an amount equal to more
than 20 percent of the private capital of that company.
‘‘(III) OTHER TERMS.—The exclusion of
amounts under clause (i) shall be subject to such
terms as the Administrator may impose to ensure
that there is no cost (as that term is defined in
section 502 of the Federal Credit Reform Act of
1990 (2 U.S.C. 661a)) with respect to purchasing
or guaranteeing any debenture involved.’’.
SEC. 1207. RENEWABLE FUEL CAPITAL INVESTMENT COMPANY.

Title III of the Small Business Investment Act of 1958 (15
U.S.C. 681 et seq.) is amended by adding at the end the following:

‘‘PART C—RENEWABLE FUEL CAPITAL
INVESTMENT PILOT PROGRAM
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15 USC 690.

‘‘SEC. 381. DEFINITIONS.

‘‘In this part:

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121 STAT. 1775

‘‘(1) OPERATIONAL ASSISTANCE.—The term ‘operational
assistance’ means management, marketing, and other technical
assistance that assists a small business concern with business
development.
‘‘(2) PARTICIPATION AGREEMENT.—The term ‘participation
agreement’ means an agreement, between the Administrator
and a company granted final approval under section 384(e),
that—
‘‘(A) details the operating plan and investment criteria
of the company; and
‘‘(B) requires the company to make investments in
smaller enterprises primarily engaged in researching,
manufacturing, developing, producing, or bringing to
market goods, products, or services that generate or support
the production of renewable energy.
‘‘(3) RENEWABLE ENERGY.—The term ‘renewable energy’
means energy derived from resources that are regenerative
or that cannot be depleted, including solar, wind, ethanol, and
biodiesel fuels.
‘‘(4) RENEWABLE FUEL CAPITAL INVESTMENT COMPANY.—The
term ‘Renewable Fuel Capital Investment company’ means a
company—
‘‘(A) that—
‘‘(i) has been granted final approval by the
Administrator under section 384(e); and
‘‘(ii) has entered into a participation agreement
with the Administrator; or
‘‘(B) that has received conditional approval under section 384(c).
‘‘(5) STATE.—The term ‘State’ means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other
commonwealth, territory, or possession of the United States.
‘‘(6) VENTURE CAPITAL.—The term ‘venture capital’ means
capital in the form of equity capital investments, as that term
is defined in section 303(g)(4).

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‘‘SEC. 382. PURPOSES.

15 USC 690a.

‘‘The purposes of the Renewable Fuel Capital Investment Program established under this part are—
‘‘(1) to promote the research, development, manufacture,
production, and bringing to market of goods, products, or services that generate or support the production of renewable
energy by encouraging venture capital investments in smaller
enterprises primarily engaged such activities; and
‘‘(2) to establish a venture capital program, with the mission of addressing the unmet equity investment needs of smaller
enterprises engaged in researching, developing, manufacturing,
producing, and bringing to market goods, products, or services
that generate or support the production of renewable energy,
to be administered by the Administrator—
‘‘(A) to enter into participation agreements with Renewable Fuel Capital Investment companies;
‘‘(B) to guarantee debentures of Renewable Fuel Capital Investment companies to enable each such company
to make venture capital investments in smaller enterprises

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PUBLIC LAW 110–140—DEC. 19, 2007
engaged in the research, development, manufacture,
production, and bringing to market of goods, products, or
services that generate or support the production of renewable energy; and
‘‘(C) to make grants to Renewable Fuel Investment
Capital companies, and to other entities, for the purpose
of providing operational assistance to smaller enterprises
financed, or expected to be financed, by such companies.

15 USC 690b.

‘‘SEC. 383. ESTABLISHMENT.

‘‘The Administrator shall establish a Renewable Fuel Capital
Investment Program, under which the Administrator may—
‘‘(1) enter into participation agreements for the purposes
described in section 382; and
‘‘(2) guarantee the debentures issued by Renewable Fuel
Capital Investment companies as provided in section 385.

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15 USC 690c.

‘‘SEC. 384. SELECTION OF RENEWABLE FUEL CAPITAL INVESTMENT
COMPANIES.

‘‘(a) ELIGIBILITY.—A company is eligible to apply to be designated as a Renewable Fuel Capital Investment company if the
company—
‘‘(1) is a newly formed for-profit entity or a newly formed
for-profit subsidiary of an existing entity;
‘‘(2) has a management team with experience in alternative
energy financing or relevant venture capital financing; and
‘‘(3) has a primary objective of investment in smaller enterprises that research, manufacture, develop, produce, or bring
to market goods, products, or services that generate or support
the production of renewable energy.
‘‘(b) APPLICATION.—A company desiring to be designated as
a Renewable Fuel Capital Investment company shall submit an
application to the Administrator that includes—
‘‘(1) a business plan describing how the company intends
to make successful venture capital investments in smaller
enterprises primarily engaged in the research, manufacture,
development, production, or bringing to market of goods, products, or services that generate or support the production of
renewable energy;
‘‘(2) information regarding the relevant venture capital
qualifications and general reputation of the management of
the company;
‘‘(3) a description of how the company intends to seek
to address the unmet capital needs of the smaller enterprises
served;
‘‘(4) a proposal describing how the company intends to
use the grant funds provided under this part to provide operational assistance to smaller enterprises financed by the company, including information regarding whether the company
has employees with appropriate professional licenses or will
contract with another entity when the services of such an
individual are necessary;
‘‘(5) with respect to binding commitments to be made to
the company under this part, an estimate of the ratio of cash
to in-kind contributions;
‘‘(6) a description of whether and to what extent the company meets the criteria under subsection (c)(2) and the objectives of the program established under this part;

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121 STAT. 1777

‘‘(7) information regarding the management and financial
strength of any parent firm, affiliated firm, or any other firm
essential to the success of the business plan of the company;
and
‘‘(8) such other information as the Administrator may
require.
‘‘(c) CONDITIONAL APPROVAL.—
‘‘(1) IN GENERAL.—From among companies submitting
applications under subsection (b), the Administrator shall conditionally approve companies to operate as Renewable Fuel Capital Investment companies.
‘‘(2) SELECTION CRITERIA.—In conditionally approving
companies under paragraph (1), the Administrator shall consider—
‘‘(A) the likelihood that the company will meet the
goal of its business plan;
‘‘(B) the experience and background of the management
team of the company;
‘‘(C) the need for venture capital investments in the
geographic areas in which the company intends to invest;
‘‘(D) the extent to which the company will concentrate
its activities on serving the geographic areas in which
it intends to invest;
‘‘(E) the likelihood that the company will be able to
satisfy the conditions under subsection (d);
‘‘(F) the extent to which the activities proposed by
the company will expand economic opportunities in the
geographic areas in which the company intends to invest;
‘‘(G) the strength of the proposal by the company to
provide operational assistance under this part as the proposal relates to the ability of the company to meet
applicable cash requirements and properly use in-kind contributions, including the use of resources for the services
of licensed professionals, when necessary, whether provided
by employees or contractors; and
‘‘(H) any other factor determined appropriate by the
Administrator.
‘‘(3) NATIONWIDE DISTRIBUTION.—From among companies
submitting applications under subsection (b), the Administrator
shall consider the selection criteria under paragraph (2) and
shall, to the maximum extent practicable, approve at least
one company from each geographic region of the Administration.
‘‘(d) REQUIREMENTS TO BE MET FOR FINAL APPROVAL.—
‘‘(1) IN GENERAL.—The Administrator shall grant each
conditionally approved company 2 years to satisfy the requirements of this subsection.
‘‘(2) CAPITAL REQUIREMENT.—Each conditionally approved
company shall raise not less than $3,000,000 of private capital
or binding capital commitments from 1 or more investors (which
shall not be departments or agencies of the Federal Government) who meet criteria established by the Administrator.
‘‘(3) NONADMINISTRATION RESOURCES FOR OPERATIONAL
ASSISTANCE.—
‘‘(A) IN GENERAL.—In order to provide operational
assistance to smaller enterprises expected to be financed
by the company, each conditionally approved company shall

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have binding commitments (for contribution in cash or
in-kind)—
‘‘(i) from sources other than the Administration
that meet criteria established by the Administrator;
and
‘‘(ii) payable or available over a multiyear period
determined appropriate by the Administrator (not to
exceed 10 years).
‘‘(B) EXCEPTION.—The Administrator may, in the
discretion of the Administrator and based upon a showing
of special circumstances and good cause, consider an
applicant to have satisfied the requirements of subparagraph (A) if the applicant has—
‘‘(i) a viable plan that reasonably projects the
capacity of the applicant to raise the amount (in cash
or in-kind) required under subparagraph (A); and
‘‘(ii) binding commitments in an amount equal to
not less than 20 percent of the total amount required
under paragraph (A).
‘‘(C) LIMITATION.—The total amount of a in-kind contributions by a company shall be not more than 50 percent
of the total contributions by a company.
‘‘(e) FINAL APPROVAL; DESIGNATION.—The Administrator shall,
with respect to each applicant conditionally approved under subsection (c)—
‘‘(1) grant final approval to the applicant to operate as
a Renewable Fuel Capital Investment company under this part
and designate the applicant as such a company, if the
applicant—
‘‘(A) satisfies the requirements of subsection (d) on
or before the expiration of the time period described in
that subsection; and
‘‘(B) enters into a participation agreement with the
Administrator; or
‘‘(2) if the applicant fails to satisfy the requirements of
subsection (d) on or before the expiration of the time period
described in paragraph (1) of that subsection, revoke the conditional approval granted under that subsection.

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15 USC 690d.

‘‘SEC. 385. DEBENTURES.

‘‘(a) IN GENERAL.—The Administrator may guarantee the timely
payment of principal and interest, as scheduled, on debentures
issued by any Renewable Fuel Capital Investment company.
‘‘(b) TERMS AND CONDITIONS.—The Administrator may make
guarantees under this section on such terms and conditions as
it determines appropriate, except that—
‘‘(1) the term of any debenture guaranteed under this section shall not exceed 15 years; and
‘‘(2) a debenture guaranteed under this section—
‘‘(A) shall carry no front-end or annual fees;
‘‘(B) shall be issued at a discount;
‘‘(C) shall require no interest payments during the
5-year period beginning on the date the debenture is issued;
‘‘(D) shall be prepayable without penalty after the end
of the 1-year period beginning on the date the debenture
is issued; and

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‘‘(E) shall require semiannual interest payments after
the period described in subparagraph (C).
‘‘(c) FULL FAITH AND CREDIT OF THE UNITED STATES.—The
full faith and credit of the United States is pledged to pay all
amounts that may be required to be paid under any guarantee
under this part.
‘‘(d) MAXIMUM GUARANTEE.—
‘‘(1) IN GENERAL.—Under this section, the Administrator
may guarantee the debentures issued by a Renewable Fuel
Capital Investment company only to the extent that the total
face amount of outstanding guaranteed debentures of such company does not exceed 150 percent of the private capital of
the company, as determined by the Administrator.
‘‘(2) TREATMENT OF CERTAIN FEDERAL FUNDS.—For the purposes of paragraph (1), private capital shall include capital
that is considered to be Federal funds, if such capital is contributed by an investor other than a department or agency of
the Federal Government.

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‘‘SEC. 386. ISSUANCE AND GUARANTEE OF TRUST CERTIFICATES.

15 USC 690e.

‘‘(a) ISSUANCE.—The Administrator may issue trust certificates
representing ownership of all or a fractional part of debentures
issued by a Renewable Fuel Capital Investment company and
guaranteed by the Administrator under this part, if such certificates
are based on and backed by a trust or pool approved by the Administrator and composed solely of guaranteed debentures.
‘‘(b) GUARANTEE.—
‘‘(1) IN GENERAL.—The Administrator may, under such
terms and conditions as it determines appropriate, guarantee
the timely payment of the principal of and interest on trust
certificates issued by the Administrator or its agents for purposes of this section.
‘‘(2) LIMITATION.—Each guarantee under this subsection
shall be limited to the extent of principal and interest on
the guaranteed debentures that compose the trust or pool.
‘‘(3) PREPAYMENT OR DEFAULT.—If a debenture in a trust
or pool is prepaid, or in the event of default of such a debenture,
the guarantee of timely payment of principal and interest on
the trust certificates shall be reduced in proportion to the
amount of principal and interest such prepaid debenture represents in the trust or pool. Interest on prepaid or defaulted
debentures shall accrue and be guaranteed by the Administrator only through the date of payment of the guarantee.
At any time during its term, a trust certificate may be called
for redemption due to prepayment or default of all debentures.
‘‘(c) FULL FAITH AND CREDIT OF THE UNITED STATES.—The
full faith and credit of the United States is pledged to pay all
amounts that may be required to be paid under any guarantee
of a trust certificate issued by the Administrator or its agents
under this section.
‘‘(d) FEES.—The Administrator shall not collect a fee for any
guarantee of a trust certificate under this section, but any agent
of the Administrator may collect a fee approved by the Administrator for the functions described in subsection (f)(2).
‘‘(e) SUBROGATION AND OWNERSHIP RIGHTS.—

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‘‘(1) SUBROGATION.—If the Administrator pays a claim
under a guarantee issued under this section, it shall be subrogated fully to the rights satisfied by such payment.
‘‘(2) OWNERSHIP RIGHTS.—No Federal, State, or local law
shall preclude or limit the exercise by the Administrator of
its ownership rights in the debentures residing in a trust or
pool against which trust certificates are issued under this section.
‘‘(f) MANAGEMENT AND ADMINISTRATION.—
‘‘(1) REGISTRATION.—The Administrator may provide for
a central registration of all trust certificates issued under this
section.
‘‘(2) CONTRACTING OF FUNCTIONS.—
‘‘(A) IN GENERAL.—The Administrator may contract
with an agent or agents to carry out on behalf of the
Administrator the pooling and the central registration functions provided for in this section, including, not withstanding any other provision of law—
‘‘(i) maintenance, on behalf of and under the direction of the Administrator, of such commercial bank
accounts or investments in obligations of the United
States as may be necessary to facilitate the creation
of trusts or pools backed by debentures guaranteed
under this part; and
‘‘(ii) the issuance of trust certificates to facilitate
the creation of such trusts or pools.
‘‘(B) FIDELITY BOND OR INSURANCE REQUIREMENT.—Any
agent performing functions on behalf of the Administrator
under this paragraph shall provide a fidelity bond or insurance in such amounts as the Administrator determines
to be necessary to fully protect the interests of the United
States.
‘‘(3) REGULATION OF BROKERS AND DEALERS.—The Administrator may regulate brokers and dealers in trust certificates
issued under this section.
‘‘(4) ELECTRONIC REGISTRATION.—Nothing in this subsection
may be construed to prohibit the use of a book-entry or other
electronic form of registration for trust certificates issued under
this section.

15 USC 690f.

‘‘SEC. 387. FEES.

‘‘(a) IN GENERAL.—Except as provided in section 386(d), the
Administrator may charge such fees as it determines appropriate
with respect to any guarantee or grant issued under this part,
in an amount established annually by the Administrator, as necessary to reduce to zero the cost (as defined in section 502 of
the Federal Credit Reform Act of 1990) to the Administration of
purchasing and guaranteeing debentures under this part, which
amounts shall be paid to and retained by the Administration.
‘‘(b) OFFSET.—The Administrator may, as provided by section
388, offset fees charged and collected under subsection (a).

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15 USC 690g.

‘‘SEC. 388. FEE CONTRIBUTION.

‘‘(a) IN GENERAL.—To the extent that amounts are made available to the Administrator for the purpose of fee contributions,
the Administrator shall contribute to fees paid by the Renewable
Fuel Capital Investment companies under section 387.

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121 STAT. 1781

‘‘(b) ANNUAL ADJUSTMENT.—Each fee contribution under subsection (a) shall be effective for 1 fiscal year and shall be adjusted
as necessary for each fiscal year thereafter to ensure that amounts
under subsection (a) are fully used. The fee contribution for a
fiscal year shall be based on the outstanding commitments made
and the guarantees and grants that the Administrator projects
will be made during that fiscal year, given the program level authorized by law for that fiscal year and any other factors that the
Administrator determines appropriate.

Effective date.

‘‘SEC. 389. OPERATIONAL ASSISTANCE GRANTS.

15 USC 690h.

‘‘(a) IN GENERAL.—
‘‘(1) AUTHORITY.—The Administrator may make grants to
Renewable Fuel Capital Investment companies to provide operational assistance to smaller enterprises financed, or expected
to be financed, by such companies or other entities.
‘‘(2) TERMS.—A grant under this subsection shall be made
over a multiyear period not to exceed 10 years, under such
other terms as the Administrator may require.
‘‘(3) GRANT AMOUNT.—The amount of a grant made under
this subsection to a Renewable Fuel Capital Investment company shall be equal to the lesser of—
‘‘(A) 10 percent of the resources (in cash or in-kind)
raised by the company under section 384(d)(2); or
‘‘(B) $1,000,000.
‘‘(4) PRO RATA REDUCTIONS.—If the amount made available
to carry out this section is insufficient for the Administrator
to provide grants in the amounts provided for in paragraph
(3), the Administrator shall make pro rata reductions in the
amounts otherwise payable to each company and entity under
such paragraph.
‘‘(5) GRANTS TO CONDITIONALLY APPROVED COMPANIES.—
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and
(C), upon the request of a company conditionally approved
under section 384(c), the Administrator shall make a grant
to the company under this subsection.
‘‘(B) REPAYMENT BY COMPANIES NOT APPROVED.—If a
company receives a grant under this paragraph and does
not enter into a participation agreement for final approval,
the company shall, subject to controlling Federal law, repay
the amount of the grant to the Administrator.
‘‘(C) DEDUCTION OF GRANT TO APPROVED COMPANY.—
If a company receives a grant under this paragraph and
receives final approval under section 384(e), the Administrator shall deduct the amount of the grant from the total
grant amount the company receives for operational assistance.
‘‘(D) AMOUNT OF GRANT.—No company may receive a
grant of more than $100,000 under this paragraph.
‘‘(b) SUPPLEMENTAL GRANTS.—
‘‘(1) IN GENERAL.—The Administrator may make supplemental grants to Renewable Fuel Capital Investment companies
and to other entities, as authorized by this part, under such
terms as the Administrator may require, to provide additional
operational assistance to smaller enterprises financed, or
expected to be financed, by the companies.

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‘‘(2) MATCHING REQUIREMENT.—The Administrator may
require, as a condition of any supplemental grant made under
this subsection, that the company or entity receiving the grant
provide from resources (in a cash or in kind), other then those
provided by the Administrator, a matching contribution equal
to the amount of the supplemental grant.
‘‘(c) LIMITATION.—None of the assistance made available under
this section may be used for any overhead or general and administrative expense of a Renewable Fuel Capital Investment company.
‘‘SEC. 390. BANK PARTICIPATION.

15 USC 690i.

‘‘(a) IN GENERAL.—Except as provided in subsection (b), any
national bank, any member bank of the Federal Reserve System,
and (to the extent permitted under applicable State law) any
insured bank that is not a member of such system, may invest
in any Renewable Fuel Capital Investment company, or in any
entity established to invest solely in Renewable Fuel Capital Investment companies.
‘‘(b) LIMITATION.—No bank described in subsection (a) may
make investments described in such subsection that are greater
than 5 percent of the capital and surplus of the bank.
‘‘SEC. 391. FEDERAL FINANCING BANK.

15 USC 690j.

‘‘Notwithstanding section 318, the Federal Financing Bank may
acquire a debenture issued by a Renewable Fuel Capital Investment
company under this part.
15 USC 690k.

‘‘SEC. 392. REPORTING REQUIREMENT.

‘‘Each Renewable Fuel Capital Investment company that
participates in the program established under this part shall provide
to the Administrator such information as the Administrator may
require, including—
‘‘(1) information related to the measurement criteria that
the company proposed in its program application; and
‘‘(2) in each case in which the company makes, under
this part, an investment in, or a loan or a grant to, a business
that is not primarily engaged in the research, development,
manufacture, or bringing to market or renewable energy
sources, a report on the nature, origin, and revenues of the
business in which investments are made.

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15 USC 690l.

‘‘SEC. 393. EXAMINATIONS.

‘‘(a) IN GENERAL.—Each Renewable Fuel Capital Investment
company that participates in the program established under this
part shall be subject to examinations made at the direction of
the Investment Division of the Administration in accordance with
this section.
‘‘(b) ASSISTANCE OF PRIVATE SECTOR ENTITIES.—Examinations
under this section may be conducted with the assistance of a private
sector entity that has both the qualifications and the expertise
necessary to conduct such examinations.
‘‘(c) COSTS.—
‘‘(1) ASSESSMENT.—
‘‘(A) IN GENERAL.—The Administrator may assess the
cost of examinations under this section, including compensation of the examiners, against the company examined.

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‘‘(B) PAYMENT.—Any company against which the
Administrator assesses costs under this paragraph shall
pay such costs.
‘‘(2) DEPOSIT OF FUNDS.—Funds collected under this section
shall be deposited in the account for salaries and expenses
of the Administration.
‘‘SEC. 394. MISCELLANEOUS.

15 USC 690m.

‘‘To the extent such procedures are not inconsistent with the
requirements of this part, the Administrator may take such action
as set forth in sections 309, 311, 312, and 314 and an officer,
director, employee, agent, or other participant in the management
or conduct of the affairs of a Renewable Fuel Capital Investment
company shall be subject to the requirements of such sections.
‘‘SEC. 395. REMOVAL OR SUSPENSION OF DIRECTORS OR OFFICERS.

15 USC 690n.

‘‘Using the procedures for removing or suspending a director
or an officer of a licensee set forth in section 313 (to the extent
such procedures are not inconsistent with the requirements of this
part), the Administrator may remove or suspend any director or
officer of any Renewable Fuel Capital Investment company.
‘‘SEC. 396. REGULATIONS.

15 USC 690o.

‘‘The Administrator may issue such regulations as the Administrator determines necessary to carry out the provisions of this
part in accordance with its purposes.
‘‘SEC. 397. AUTHORIZATIONS OF APPROPRIATIONS.

15 USC 690p.

‘‘(a) IN GENERAL.—Subject to the availability of appropriations,
the Administrator is authorized to make $15,000,000 in operational
assistance grants under section 389 for each of fiscal years 2008
and 2009.
‘‘(b) FUNDS COLLECTED FOR EXAMINATIONS.—Funds deposited
under section 393(c)(2) are authorized to be appropriated only for
the costs of examinations under section 393 and for the costs
of other oversight activities with respect to the program established
under this part.
‘‘SEC. 398. TERMINATION.

15 USC 690q.

‘‘The program under this part shall terminate at the end of
the second full fiscal year after the date that the Administrator
establishes the program under this part.’’.
SEC. 1208. STUDY AND REPORT.

The Administrator of the Small Business Administration shall
conduct a study of the Renewable Fuel Capital Investment Program
under part C of title III of the Small Business Investment Act
of 1958, as added by this Act. Not later than 3 years after the
date of enactment of this Act, the Administrator shall complete
the study under this section and submit to Congress a report
regarding the results of the study.

TITLE XIII—SMART GRID

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SEC. 1301. STATEMENT OF POLICY ON MODERNIZATION OF ELECTRICITY GRID.

15 USC 17381.

It is the policy of the United States to support the modernization of the Nation’s electricity transmission and distribution system

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to maintain a reliable and secure electricity infrastructure that
can meet future demand growth and to achieve each of the following,
which together characterize a Smart Grid:
(1) Increased use of digital information and controls technology to improve reliability, security, and efficiency of the
electric grid.
(2) Dynamic optimization of grid operations and resources,
with full cyber-security.
(3) Deployment and integration of distributed resources
and generation, including renewable resources.
(4) Development and incorporation of demand response,
demand-side resources, and energy-efficiency resources.
(5) Deployment of ‘‘smart’’ technologies (real-time, automated, interactive technologies that optimize the physical operation of appliances and consumer devices) for metering, communications concerning grid operations and status, and distribution automation.
(6) Integration of ‘‘smart’’ appliances and consumer devices.
(7) Deployment and integration of advanced electricity storage and peak-shaving technologies, including plug-in electric
and hybrid electric vehicles, and thermal-storage air conditioning.
(8) Provision to consumers of timely information and control
options.
(9) Development of standards for communication and interoperability of appliances and equipment connected to the electric grid, including the infrastructure serving the grid.
(10) Identification and lowering of unreasonable or unnecessary barriers to adoption of smart grid technologies, practices,
and services.
15 USC 17382.

SEC. 1302. SMART GRID SYSTEM REPORT.

The Secretary, acting through the Assistant Secretary of the
Office of Electricity Delivery and Energy Reliability (referred to
in this section as the ‘‘OEDER’’) and through the Smart Grid
Task Force established in section 1303, shall, after consulting with
any interested individual or entity as appropriate, no later than
1 year after enactment, and every 2 years thereafter, report to
Congress concerning the status of smart grid deployments nationwide and any regulatory or government barriers to continued
deployment. The report shall provide the current status and prospects of smart grid development, including information on technology penetration, communications network capabilities, costs, and
obstacles. It may include recommendations for State and Federal
policies or actions helpful to facilitate the transition to a smart
grid. To the extent appropriate, it should take a regional perspective. In preparing this report, the Secretary shall solicit advice
and contributions from the Smart Grid Advisory Committee created
in section 1303; from other involved Federal agencies including
but not limited to the Federal Energy Regulatory Commission
(‘‘Commission’’), the National Institute of Standards and Technology
(‘‘Institute’’), and the Department of Homeland Security; and from
other stakeholder groups not already represented on the Smart
Grid Advisory Committee.

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15 USC 17383.

SEC. 1303. SMART GRID ADVISORY COMMITTEE AND SMART GRID TASK
FORCE.

(a) SMART GRID ADVISORY COMMITTEE.—

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1785

(1) ESTABLISHMENT.—The Secretary shall establish, within
90 days of enactment of this Part, a Smart Grid Advisory
Committee (either as an independent entity or as a designated
sub-part of a larger advisory committee on electricity matters).
The Smart Grid Advisory Committee shall include eight or
more members appointed by the Secretary who have sufficient
experience and expertise to represent the full range of smart
grid technologies and services, to represent both private and
non-Federal public sector stakeholders. One member shall be
appointed by the Secretary to Chair the Smart Grid Advisory
Committee.
(2) MISSION.—The mission of the Smart Grid Advisory Committee shall be to advise the Secretary, the Assistant Secretary,
and other relevant Federal officials concerning the development
of smart grid technologies, the progress of a national transition
to the use of smart-grid technologies and services, the evolution
of widely-accepted technical and practical standards and protocols to allow interoperability and inter-communication among
smart-grid capable devices, and the optimum means of using
Federal incentive authority to encourage such progress.
(3) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—
The Federal Advisory Committee Act (5 U.S.C. App.) shall
apply to the Smart Grid Advisory Committee.
(b) SMART GRID TASK FORCE.—
(1) ESTABLISHMENT.—The Assistant Secretary of the Office
of Electricity Delivery and Energy Reliability shall establish,
within 90 days of enactment of this Part, a Smart Grid Task
Force composed of designated employees from the various divisions of that office who have responsibilities related to the
transition to smart-grid technologies and practices. The Assistant Secretary or his designee shall be identified as the Director
of the Smart Grid Task Force. The Chairman of the Federal
Energy Regulatory Commission and the Director of the National
Institute of Standards and Technology shall each designate
at least one employee to participate on the Smart Grid Task
Force. Other members may come from other agencies at the
invitation of the Assistant Secretary or the nomination of the
head of such other agency. The Smart Grid Task Force shall,
without disrupting the work of the Divisions or Offices from
which its members are drawn, provide an identifiable Federal
entity to embody the Federal role in the national transition
toward development and use of smart grid technologies.
(2) MISSION.—The mission of the Smart Grid Task Force
shall be to insure awareness, coordination and integration of
the diverse activities of the Office and elsewhere in the Federal
Government related to smart-grid technologies and practices,
including but not limited to: smart grid research and development; development of widely accepted smart-grid standards
and protocols; the relationship of smart-grid technologies and
practices to electric utility regulation; the relationship of smartgrid technologies and practices to infrastructure development,
system reliability and security; and the relationship of smartgrid technologies and practices to other facets of electricity
supply, demand, transmission, distribution, and policy. The
Smart Grid Task Force shall collaborate with the Smart Grid
Advisory Committee and other Federal agencies and offices.

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Deadline.

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PUBLIC LAW 110–140—DEC. 19, 2007

The Smart Grid Task Force shall meet at the call of its Director
as necessary to accomplish its mission.
(c) AUTHORIZATION.—There are authorized to be appropriated
for the purposes of this section such sums as are necessary to
the Secretary to support the operations of the Smart Grid Advisory
Committee and Smart Grid Task Force for each of fiscal years
2008 through 2020.

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42 USC 17384.

SEC. 1304. SMART GRID TECHNOLOGY RESEARCH, DEVELOPMENT, AND
DEMONSTRATION.

(a) POWER GRID DIGITAL INFORMATION TECHNOLOGY.—The Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate agencies, electric utilities, the States,
and other stakeholders, shall carry out a program—
(1) to develop advanced techniques for measuring peak
load reductions and energy-efficiency savings from smart
metering, demand response, distributed generation, and electricity storage systems;
(2) to investigate means for demand response, distributed
generation, and storage to provide ancillary services;
(3) to conduct research to advance the use of wide-area
measurement and control networks, including data mining, visualization, advanced computing, and secure and dependable
communications in a highly-distributed environment;
(4) to test new reliability technologies, including those concerning communications network capabilities, in a grid control
room environment against a representative set of local outage
and wide area blackout scenarios;
(5) to identify communications network capacity needed
to implement advanced technologies.
(6) to investigate the feasibility of a transition to timeof-use and real-time electricity pricing;
(7) to develop algorithms for use in electric transmission
system software applications;
(8) to promote the use of underutilized electricity generation
capacity in any substitution of electricity for liquid fuels in
the transportation system of the United States; and
(9) in consultation with the Federal Energy Regulatory
Commission, to propose interconnection protocols to enable electric utilities to access electricity stored in vehicles to help
meet peak demand loads.
(b) SMART GRID REGIONAL DEMONSTRATION INITIATIVE.—
(1) IN GENERAL.—The Secretary shall establish a smart
grid regional demonstration initiative (referred to in this subsection as the ‘‘Initiative’’) composed of demonstration projects
specifically focused on advanced technologies for use in power
grid sensing, communications, analysis, and power flow control.
The Secretary shall seek to leverage existing smart grid deployments.
(2) GOALS.—The goals of the Initiative shall be—
(A) to demonstrate the potential benefits of concentrated investments in advanced grid technologies on
a regional grid;
(B) to facilitate the commercial transition from the
current power transmission and distribution system technologies to advanced technologies;

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PUBLIC LAW 110–140—DEC. 19, 2007

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(C) to facilitate the integration of advanced technologies in existing electric networks to improve system
performance, power flow control, and reliability;
(D) to demonstrate protocols and standards that allow
for the measurement and validation of the energy savings
and fossil fuel emission reductions associated with the
installation and use of energy efficiency and demand
response technologies and practices; and
(E) to investigate differences in each region and regulatory environment regarding best practices in implementing smart grid technologies.
(3) DEMONSTRATION PROJECTS.—
(A) IN GENERAL.—In carrying out the initiative, the
Secretary shall carry out smart grid demonstration projects
in up to 5 electricity control areas, including rural areas
and at least 1 area in which the majority of generation
and transmission assets are controlled by a tax-exempt
entity.
(B) COOPERATION.—A demonstration project under
subparagraph (A) shall be carried out in cooperation with
the electric utility that owns the grid facilities in the electricity control area in which the demonstration project is
carried out.
(C) FEDERAL SHARE OF COST OF TECHNOLOGY INVESTMENTS.—The Secretary shall provide to an electric utility
described in subparagraph (B) financial assistance for use
in paying an amount equal to not more than 50 percent
of the cost of qualifying advanced grid technology investments made by the electric utility to carry out a demonstration project.
(D) INELIGIBILITY FOR GRANTS.—No person or entity
participating in any demonstration project conducted under
this subsection shall be eligible for grants under section
1306 for otherwise qualifying investments made as part
of that demonstration project.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated—
(1) to carry out subsection (a), such sums as are necessary
for each of fiscal years 2008 through 2012; and
(2) to carry out subsection (b), $100,000,000 for each of
fiscal years 2008 through 2012.

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SEC. 1305. SMART GRID INTEROPERABILITY FRAMEWORK.

15 USC 17385.

(a) INTEROPERABILITY FRAMEWORK.—The Director of the
National Institute of Standards and Technology shall have primary
responsibility to coordinate the development of a framework that
includes protocols and model standards for information management to achieve interoperability of smart grid devices and systems.
Such protocols and standards shall further align policy, business,
and technology approaches in a manner that would enable all
electric resources, including demand-side resources, to contribute
to an efficient, reliable electricity network. In developing such protocols and standards—
(1) the Director shall seek input and cooperation from
the Commission, OEDER and its Smart Grid Task Force, the
Smart Grid Advisory Committee, other relevant Federal and
State agencies; and

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121 STAT. 1788

PUBLIC LAW 110–140—DEC. 19, 2007

(2) the Director shall also solicit input and cooperation
from private entities interested in such protocols and standards,
including but not limited to the Gridwise Architecture Council,
the International Electrical and Electronics Engineers, the
National Electric Reliability Organization recognized by the
Federal Energy Regulatory Commission, and National Electrical Manufacturer’s Association.
(b) SCOPE OF FRAMEWORK.—The framework developed under
subsection (a) shall be flexible, uniform and technology neutral,
including but not limited to technologies for managing smart grid
information, and designed—
(1) to accommodate traditional, centralized generation and
transmission resources and consumer distributed resources,
including distributed generation, renewable generation, energy
storage, energy efficiency, and demand response and enabling
devices and systems;
(2) to be flexible to incorporate—
(A) regional and organizational differences; and
(B) technological innovations;
(3) to consider the use of voluntary uniform standards
for certain classes of mass-produced electric appliances and
equipment for homes and businesses that enable customers,
at their election and consistent with applicable State and Federal laws, and are manufactured with the ability to respond
to electric grid emergencies and demand response signals by
curtailing all, or a portion of, the electrical power consumed
by the appliances or equipment in response to an emergency
or demand response signal, including through—
(A) load reduction to reduce total electrical demand;
(B) adjustment of load to provide grid ancillary services; and
(C) in the event of a reliability crisis that threatens
an outage, short-term load shedding to help preserve the
stability of the grid; and
(4) such voluntary standards should incorporate appropriate manufacturer lead time.
(c) TIMING OF FRAMEWORK DEVELOPMENT.—The Institute shall
begin work pursuant to this section within 60 days of enactment.
The Institute shall provide and publish an initial report on progress
toward recommended or consensus standards and protocols within
1 year after enactment, further reports at such times as developments warrant in the judgment of the Institute, and a final report
when the Institute determines that the work is completed or that
a Federal role is no longer necessary.
(d) STANDARDS FOR INTEROPERABILITY IN FEDERAL JURISDICTION.—At any time after the Institute’s work has led to sufficient
consensus in the Commission’s judgment, the Commission shall
institute a rulemaking proceeding to adopt such standards and
protocols as may be necessary to insure smart-grid functionality
and interoperability in interstate transmission of electric power,
and regional and wholesale electricity markets.
(e) AUTHORIZATION.—There are authorized to be appropriated
for the purposes of this section $5,000,000 to the Institute to support
the activities required by this subsection for each of fiscal years
2008 through 2012.

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SEC. 1306. FEDERAL MATCHING FUND FOR SMART GRID INVESTMENT
COSTS.

42 USC 17386.

(a) MATCHING FUND.—The Secretary shall establish a Smart
Grid Investment Matching Grant Program to provide reimbursement of one-fifth (20 percent) of qualifying Smart Grid investments.
(b) QUALIFYING INVESTMENTS.—Qualifying Smart Grid investments may include any of the following made on or after the
date of enactment of this Act:
(1) In the case of appliances covered for purposes of establishing energy conservation standards under part B of title
III of the Energy Policy and Conservation Act of 1975 (42
U.S.C. 6291 et seq.), the documented expenditures incurred
by a manufacturer of such appliances associated with purchasing or designing, creating the ability to manufacture, and
manufacturing and installing for one calendar year, internal
devices that allow the appliance to engage in Smart Grid functions.
(2) In the case of specialized electricity-using equipment,
including motors and drivers, installed in industrial or commercial applications, the documented expenditures incurred by its
owner or its manufacturer of installing devices or modifying
that equipment to engage in Smart Grid functions.
(3) In the case of transmission and distribution equipment
fitted with monitoring and communications devices to enable
smart grid functions, the documented expenditures incurred
by the electric utility to purchase and install such monitoring
and communications devices.
(4) In the case of metering devices, sensors, control devices,
and other devices integrated with and attached to an electric
utility system or retail distributor or marketer of electricity
that are capable of engaging in Smart Grid functions, the
documented expenditures incurred by the electric utility, distributor, or marketer and its customers to purchase and install
such devices.
(5) In the case of software that enables devices or computers
to engage in Smart Grid functions, the documented purchase
costs of the software.
(6) In the case of entities that operate or coordinate operations of regional electric grids, the documented expenditures
for purchasing and installing such equipment that allows Smart
Grid functions to operate and be combined or coordinated
among multiple electric utilities and between that region and
other regions.
(7) In the case of persons or entities other than electric
utilities owning and operating a distributed electricity generator, the documented expenditures of enabling that generator
to be monitored, controlled, or otherwise integrated into grid
operations and electricity flows on the grid utilizing Smart
Grid functions.
(8) In the case of electric or hybrid-electric vehicles, the
documented expenses for devices that allow the vehicle to
engage in Smart Grid functions (but not the costs of electricity
storage for the vehicle).
(9) The documented expenditures related to purchasing
and implementing Smart Grid functions in such other cases
as the Secretary shall identify. In making such grants, the
Secretary shall seek to reward innovation and early adaptation,

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even if success is not complete, rather than deployment of
proven and commercially viable technologies.
(c) INVESTMENTS NOT INCLUDED.—Qualifying Smart Grid
investments do not include any of the following:
(1) Investments or expenditures for Smart Grid technologies, devices, or equipment that are eligible for specific
tax credits or deductions under the Internal Revenue Code,
as amended.
(2) Expenditures for electricity generation, transmission,
or distribution infrastructure or equipment not directly related
to enabling Smart Grid functions.
(3) After the final date for State consideration of the Smart
Grid Information Standard under section 1307 (paragraph (17)
of section 111(d) of the Public Utility Regulatory Policies Act
of 1978), an investment that is not in compliance with such
standard.
(4) After the development and publication by the Institute
of protocols and model standards for interoperability of smart
grid devices and technologies, an investment that fails to incorporate any of such protocols or model standards.
(5) Expenditures for physical interconnection of generators
or other devices to the grid except those that are directly
related to enabling Smart Grid functions.
(6) Expenditures for ongoing salaries, benefits, or personnel
costs not incurred in the initial installation, training, or start
up of smart grid functions.
(7) Expenditures for travel, lodging, meals or other personal
costs.
(8) Ongoing or routine operation, billing, customer relations, security, and maintenance expenditures.
(9) Such other expenditures that the Secretary determines
not to be Qualifying Smart Grid Investments by reason of
the lack of the ability to perform Smart Grid functions or
lack of direct relationship to Smart Grid functions.
(d) SMART GRID FUNCTIONS.—The term ‘‘smart grid functions’’
means any of the following:
(1) The ability to develop, store, send and receive digital
information concerning electricity use, costs, prices, time of
use, nature of use, storage, or other information relevant to
device, grid, or utility operations, to or from or by means
of the electric utility system, through one or a combination
of devices and technologies.
(2) The ability to develop, store, send and receive digital
information concerning electricity use, costs, prices, time of
use, nature of use, storage, or other information relevant to
device, grid, or utility operations to or from a computer or
other control device.
(3) The ability to measure or monitor electricity use as
a function of time of day, power quality characteristics such
as voltage level, current, cycles per second, or source or type
of generation and to store, synthesize or report that information
by digital means.
(4) The ability to sense and localize disruptions or changes
in power flows on the grid and communicate such information
instantaneously and automatically for purposes of enabling
automatic protective responses to sustain reliability and security of grid operations.

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(5) The ability to detect, prevent, communicate with regard
to, respond to, or recover from system security threats,
including cyber-security threats and terrorism, using digital
information, media, and devices.
(6) The ability of any appliance or machine to respond
to such signals, measurements, or communications automatically or in a manner programmed by its owner or operator
without independent human intervention.
(7) The ability to use digital information to operate
functionalities on the electric utility grid that were previously
electro-mechanical or manual.
(8) The ability to use digital controls to manage and modify
electricity demand, enable congestion management, assist in
voltage control, provide operating reserves, and provide frequency regulation.
(9) Such other functions as the Secretary may identify
as being necessary or useful to the operation of a Smart Grid.
(e) The Secretary shall—
(1) establish and publish in the Federal Register, within
1 year after the enactment of this Act procedures by which
applicants who have made qualifying Smart Grid investments
can seek and obtain reimbursement of one-fifth of their documented expenditures;
(2) establish procedures to ensure that there is no duplication or multiple reimbursement for the same investment or
costs, that the reimbursement goes to the party making the
actual expenditures for Qualifying Smart Grid Investments,
and that the grants made have significant effect in encouraging
and facilitating the development of a smart grid;
(3) maintain public records of reimbursements made, recipients, and qualifying Smart Grid investments which have
received reimbursements;
(4) establish procedures to provide, in cases deemed by
the Secretary to be warranted, advance payment of moneys
up to the full amount of the projected eventual reimbursement,
to creditworthy applicants whose ability to make Qualifying
Smart Grid Investments may be hindered by lack of initial
capital, in lieu of any later reimbursement for which that
applicant qualifies, and subject to full return of the advance
payment in the event that the Qualifying Smart Grid investment is not made; and
(5) have and exercise the discretion to deny grants for
investments that do not qualify in the reasonable judgment
of the Secretary.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary such sums as are necessary
for the administration of this section and the grants to be made
pursuant to this section for fiscal years 2008 through 2012.

Procedures.
Federal Register,
publication.
Deadline.

Records.

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SEC. 1307. STATE CONSIDERATION OF SMART GRID.

(a) Section 111(d) of the Public Utility Regulatory Policies Act
of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end
the following:
‘‘(16) CONSIDERATION OF SMART GRID INVESTMENTS.—
‘‘(A) IN GENERAL.—Each State shall consider requiring
that, prior to undertaking investments in nonadvanced grid
technologies, an electric utility of the State demonstrate

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121 STAT. 1792

PUBLIC LAW 110–140—DEC. 19, 2007
to the State that the electric utility considered an investment in a qualified smart grid system based on appropriate
factors, including—
‘‘(i) total costs;
‘‘(ii) cost-effectiveness;
‘‘(iii) improved reliability;
‘‘(iv) security;
‘‘(v) system performance; and
‘‘(vi) societal benefit.
‘‘(B) RATE RECOVERY.—Each State shall consider
authorizing each electric utility of the State to recover
from ratepayers any capital, operating expenditure, or
other costs of the electric utility relating to the deployment
of a qualified smart grid system, including a reasonable
rate of return on the capital expenditures of the electric
utility for the deployment of the qualified smart grid
system.
‘‘(C) OBSOLETE EQUIPMENT.—Each State shall consider
authorizing any electric utility or other party of the State
to deploy a qualified smart grid system to recover in a
timely manner the remaining book-value costs of any equipment rendered obsolete by the deployment of the qualified
smart grid system, based on the remaining depreciable
life of the obsolete equipment.
‘‘(17) SMART GRID INFORMATION.—
‘‘(A) STANDARD.—All electricity purchasers shall be provided direct access, in written or electronic machine-readable form as appropriate, to information from their electricity provider as provided in subparagraph (B).
‘‘(B) INFORMATION.—Information provided under this
section, to the extent practicable, shall include:
‘‘(i) PRICES.—Purchasers and other interested persons shall be provided with information on—
‘‘(I) time-based electricity prices in the wholesale electricity market; and
‘‘(II) time-based electricity retail prices or rates
that are available to the purchasers.
‘‘(ii) USAGE.—Purchasers shall be provided with
the number of electricity units, expressed in kwh, purchased by them.
‘‘(iii) INTERVALS AND PROJECTIONS.—Updates of
information on prices and usage shall be offered on
not less than a daily basis, shall include hourly price
and use information, where available, and shall include
a day-ahead projection of such price information to
the extent available.
‘‘(iv) SOURCES.—Purchasers and other interested
persons shall be provided annually with written
information on the sources of the power provided by
the utility, to the extent it can be determined, by
type of generation, including greenhouse gas emissions
associated with each type of generation, for intervals
during which such information is available on a costeffective basis.
‘‘(C) ACCESS.—Purchasers shall be able to access their
own information at any time through the Internet and
on other means of communication elected by that utility

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1793

for Smart Grid applications. Other interested persons shall
be able to access information not specific to any purchaser
through the Internet. Information specific to any purchaser
shall be provided solely to that purchaser.’’.
(b) COMPLIANCE.—
(1) TIME LIMITATIONS.—Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended
by adding the following at the end thereof:
‘‘(6)(A) Not later than 1 year after the enactment of this
paragraph, each State regulatory authority (with respect to
each electric utility for which it has ratemaking authority)
and each nonregulated utility shall commence the consideration
referred to in section 111, or set a hearing date for consideration, with respect to the standards established by paragraphs
(17) through (18) of section 111(d).
‘‘(B) Not later than 2 years after the date of the enactment
of this paragraph, each State regulatory authority (with respect
to each electric utility for which it has ratemaking authority),
and each nonregulated electric utility, shall complete the consideration, and shall make the determination, referred to in section
111 with respect to each standard established by paragraphs
(17) through (18) of section 111(d).’’.
(2) FAILURE TO COMPLY.—Section 112(c) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is
amended by adding the following at the end:
‘‘In the case of the standards established by paragraphs (16)
through (19) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to
be a reference to the date of enactment of such paragraphs.’’.
(3) PRIOR STATE ACTIONS.—Section 112(d) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d))
is amended by inserting ‘‘and paragraphs (17) through (18)’’
before ‘‘of section 111(d)’’.

Deadlines.

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SEC. 1308. STUDY OF THE EFFECT OF PRIVATE WIRE LAWS ON THE
DEVELOPMENT OF COMBINED HEAT AND POWER FACILITIES.

(a) STUDY.—
(1) IN GENERAL.—The Secretary, in consultation with the
States and other appropriate entities, shall conduct a study
of the laws (including regulations) affecting the siting of privately owned electric distribution wires on and across public
rights-of-way.
(2) REQUIREMENTS.—The study under paragraph (1) shall
include—
(A) an evaluation of—
(i) the purposes of the laws; and
(ii) the effect the laws have on the development
of combined heat and power facilities;
(B) a determination of whether a change in the laws
would have any operating, reliability, cost, or other impacts
on electric utilities and the customers of the electric utilities; and
(C) an assessment of—
(i) whether privately owned electric distribution
wires would result in duplicative facilities; and

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121 STAT. 1794

PUBLIC LAW 110–140—DEC. 19, 2007

(ii) whether duplicative facilities are necessary or
desirable.
(b) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to Congress a report that
describes the results of the study conducted under subsection (a).
SEC. 1309. DOE STUDY OF SECURITY ATTRIBUTES OF SMART GRID
SYSTEMS.

(a) DOE STUDY.—The Secretary shall, within 18 months after
the date of enactment of this Act, submit a report to Congress
that provides a quantitative assessment and determination of the
existing and potential impacts of the deployment of Smart Grid
systems on improving the security of the Nation’s electricity infrastructure and operating capability. The report shall include but
not be limited to specific recommendations on each of the following:
(1) How smart grid systems can help in making the Nation’s
electricity system less vulnerable to disruptions due to intentional acts against the system.
(2) How smart grid systems can help in restoring the
integrity of the Nation’s electricity system subsequent to disruptions.
(3) How smart grid systems can facilitate nationwide, interoperable emergency communications and control of the Nation’s
electricity system during times of localized, regional, or nationwide emergency.
(4) What risks must be taken into account that smart
grid systems may, if not carefully created and managed, create
vulnerability to security threats of any sort, and how such
risks may be mitigated.
(b) CONSULTATION.—The Secretary shall consult with other Federal agencies in the development of the report under this section,
including but not limited to the Secretary of Homeland Security,
the Federal Energy Regulatory Commission, and the Electric Reliability Organization certified by the Commission under section
215(c) of the Federal Power Act (16 U.S.C. 824o) as added by
section 1211 of the Energy Policy Act of 2005 (Public Law 109–
58; 119 Stat. 941).

Deadline.
Reports.

Virginia Graeme
Baker Pool and
Spa Safety Act.
15 USC 8001
note.

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15 USC 8001.

TITLE XIV—POOL AND SPA SAFETY
SEC. 1401. SHORT TITLE.

This title may be cited as the ‘‘Virginia Graeme Baker Pool
and Spa Safety Act’’.
SEC. 1402. FINDINGS.

Congress finds the following:
(1) Of injury-related deaths, drowning is the second leading
cause of death in children aged 1 to 14 in the United States.
(2) In 2004, 761 children aged 14 and under died as a
result of unintentional drowning.
(3) Adult supervision at all aquatic venues is a critical
safety factor in preventing children from drowning.
(4) Research studies show that the installation and proper
use of barriers or fencing, as well as additional layers of protection, could substantially reduce the number of childhood residential swimming pool drownings and near drownings.

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1795

SEC. 1403. DEFINITIONS.

15 USC 8002.

In this title:
(1) ASME/ANSI.—The term ‘‘ASME/ANSI’’ as applied to
a safety standard means such a standard that is accredited
by the American National Standards Institute and published
by the American Society of Mechanical Engineers.
(2) BARRIER.—The term ‘‘barrier’’ includes a natural or
constructed topographical feature that prevents unpermitted
access by children to a swimming pool, and, with respect to
a hot tub, a lockable cover.
(3) COMMISSION.—The term ‘‘Commission’’ means the Consumer Product Safety Commission.
(4) MAIN DRAIN.—The term ‘‘main drain’’ means a submerged suction outlet typically located at the bottom of a pool
or spa to conduct water to a recirculating pump.
(5) SAFETY VACUUM RELEASE SYSTEM.—The term ‘‘safety
vacuum release system’’ means a vacuum release system
capable of providing vacuum release at a suction outlet caused
by a high vacuum occurrence due to a suction outlet flow
blockage.
(6) SWIMMING POOL; SPA.—The term ‘‘swimming pool’’ or
‘‘spa’’ means any outdoor or indoor structure intended for swimming or recreational bathing, including in-ground and aboveground structures, and includes hot tubs, spas, portable spas,
and non-portable wading pools.
(7) UNBLOCKABLE DRAIN.—The term ‘‘unblockable drain’’
means a drain of any size and shape that a human body
cannot sufficiently block to create a suction entrapment hazard.

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SEC. 1404. FEDERAL SWIMMING POOL AND SPA DRAIN COVER
STANDARD.

(a) CONSUMER PRODUCT SAFETY RULE.—The requirements
described in subsection (b) shall be treated as a consumer product
safety rule issued by the Consumer Product Safety Commission
under the Consumer Product Safety Act (15 U.S.C. 2051 et seq.).
(b) DRAIN COVER STANDARD.—Effective 1 year after the date
of enactment of this title, each swimming pool or spa drain cover
manufactured, distributed, or entered into commerce in the United
States shall conform to the entrapment protection standards of
the ASME/ANSI A112.19.8 performance standard, or any successor
standard regulating such swimming pool or drain cover.
(c) PUBLIC POOLS.—
(1) REQUIRED EQUIPMENT.—
(A) IN GENERAL.—Beginning 1 year after the date of
enactment of this title—
(i) each public pool and spa in the United States
shall be equipped with anti-entrapment devices or systems that comply with the ASME/ANSI A112.19.8
performance standard, or any successor standard; and
(ii) each public pool and spa in the United States
with a single main drain other than an unblockable
drain shall be equipped, at a minimum, with 1 or
more of the following devices or systems designed to
prevent entrapment by pool or spa drains that meets
the requirements of subparagraph (B):
(I) SAFETY VACUUM RELEASE SYSTEM.—A safety
vacuum release system which ceases operation of

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15 USC 8003.

Effective date.

Effective date.

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121 STAT. 1796

PUBLIC LAW 110–140—DEC. 19, 2007
the pump, reverses the circulation flow, or otherwise provides a vacuum release at a suction outlet
when a blockage is detected, that has been tested
by an independent third party and found to conform to ASME/ANSI standard A112.19.17 or
ASTM standard F2387.
(II) SUCTION-LIMITING VENT SYSTEM.—A suction-limiting vent system with a tamper-resistant
atmospheric opening.
(III) GRAVITY DRAINAGE SYSTEM.—A gravity
drainage system that utilizes a collector tank.
(IV) AUTOMATIC PUMP SHUT-OFF SYSTEM.—An
automatic pump shut-off system.
(V) DRAIN DISABLEMENT.—A device or system
that disables the drain.
(VI) OTHER SYSTEMS.—Any other system
determined by the Commission to be equally effective as, or better than, the systems described in
subclauses (I) through (V) of this clause at preventing or eliminating the risk of injury or death
associated with pool drainage systems.
(B) APPLICABLE STANDARDS.—Any device or system
described in subparagraph (A)(ii) shall meet the requirements of any ASME/ANSI or ASTM performance standard
if there is such a standard for such a device or system,
or any applicable consumer product safety standard.
(2) PUBLIC POOL AND SPA DEFINED.—In this subsection,
the term ‘‘public pool and spa’’ means a swimming pool or
spa that is—
(A) open to the public generally, whether for a fee
or free of charge;
(B) open exclusively to—
(i) members of an organization and their guests;
(ii) residents of a multi-unit apartment building,
apartment complex, residential real estate development, or other multi-family residential area (other than
a municipality, township, or other local government
jurisdiction); or
(iii) patrons of a hotel or other public accommodations facility; or
(C) operated by the Federal Government (or by a
concessionaire on behalf of the Federal Government) for
the benefit of members of the Armed Forces and their
dependents or employees of any department or agency and
their dependents.
(3) ENFORCEMENT.—Violation of paragraph (1) shall be
considered to be a violation of section 19(a)(1) of the Consumer
Product Safety Act (15 U.S.C. 2068(a)(1)) and may also be
enforced under section 17 of that Act (15 U.S.C. 2066).

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15 USC 8004.

SEC. 1405. STATE SWIMMING POOL SAFETY GRANT PROGRAM.

(a) IN GENERAL.—Subject to the availability of appropriations
authorized by subsection (e), the Commission shall establish a grant
program to provide assistance to eligible States.
(b) ELIGIBILITY.—To be eligible for a grant under the program,
a State shall—

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1797

(1) demonstrate to the satisfaction of the Commission that
it has a State statute, or that, after the date of enactment
of this title, it has enacted a statute, or amended an existing
statute, and provides for the enforcement of, a law that—
(A) except as provided in section 1406(a)(1)(A)(i),
applies to all swimming pools in the State; and
(B) meets the minimum State law requirements of
section 1406; and
(2) submit an application to the Commission at such time,
in such form, and containing such additional information as
the Commission may require.
(c) AMOUNT OF GRANT.—The Commission shall determine the
amount of a grant awarded under this title, and shall consider—
(1) the population and relative enforcement needs of each
qualifying State; and
(2) allocation of grant funds in a manner designed to provide the maximum benefit from the program in terms of protecting children from drowning or entrapment, and, in making
that allocation, shall give priority to States that have not
received a grant under this title in a preceding fiscal year.
(d) USE OF GRANT FUNDS.—A State receiving a grant under
this section shall use—
(1) at least 50 percent of amounts made available to hire
and train enforcement personnel for implementation and
enforcement of standards under the State swimming pool and
spa safety law; and
(2) the remainder—
(A) to educate pool construction and installation companies and pool service companies about the standards;
(B) to educate pool owners, pool operators, and other
members of the public about the standards under the swimming pool and spa safety law and about the prevention
of drowning or entrapment of children using swimming
pools and spas; and
(C) to defray administrative costs associated with such
training and education programs.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Commission for each of fiscal years 2009
and 2010 $2,000,000 to carry out this section, such sums to remain
available until expended. Any amounts appropriated pursuant to
this subsection that remain unexpended and unobligated at the
end of fiscal year 2010 shall be retained by the Commission and
credited to the appropriations account that funds enforcement of
the Consumer Product Safety Act.

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SEC. 1406. MINIMUM STATE LAW REQUIREMENTS.

15 USC 8005.

(a) IN GENERAL.—
(1) SAFETY STANDARDS.—A State meets the minimum State
law requirements of this section if—
(A) the State requires by statute—
(i) the enclosure of all outdoor residential pools
and spas by barriers to entry that will effectively prevent small children from gaining unsupervised and
unfettered access to the pool or spa;
(ii) that all pools and spas be equipped with devices
and systems designed to prevent entrapment by pool
or spa drains;

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121 STAT. 1798

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Notification.
Comment period.

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PUBLIC LAW 110–140—DEC. 19, 2007

(iii) that pools and spas built more than 1 year
after the date of the enactment of such statute have—
(I) more than 1 drain;
(II) 1 or more unblockable drains; or
(III) no main drain;
(iv) every swimming pool and spa that has a main
drain, other than an unblockable drain, be equipped
with a drain cover that meets the consumer product
safety standard established by section 1404; and
(v) that periodic notification is provided to owners
of residential swimming pools or spas about compliance
with the entrapment protection standards of the
ASME/ANSI A112.19.8 performance standard, or any
successor standard; and
(B) the State meets such additional State law requirements for pools and spas as the Commission may establish
after public notice and a 30-day public comment period.
(2) NO LIABILITY INFERENCE ASSOCIATED WITH STATE
NOTIFICATION REQUIREMENT.—The minimum State law notification requirement under paragraph (1)(A)(v) shall not be construed to imply any liability on the part of a State related
to that requirement.
(3) USE OF MINIMUM STATE LAW REQUIREMENTS.—The
Commission—
(A) shall use the minimum State law requirements
under paragraph (1) solely for the purpose of determining
the eligibility of a State for a grant under section 1405
of this Act; and
(B) may not enforce any requirement under paragraph
(1) except for the purpose of determining the eligibility
of a State for a grant under section 1405 of this Act.
(4) REQUIREMENTS TO REFLECT NATIONAL PERFORMANCE
STANDARDS AND COMMISSION GUIDELINES.—In establishing minimum State law requirements under paragraph (1), the
Commission shall—
(A) consider current or revised national performance
standards on pool and spa barrier protection and entrapment prevention; and
(B) ensure that any such requirements are consistent
with the guidelines contained in the Commission’s publication 362, entitled ‘‘Safety Barrier Guidelines for Home
Pools’’, the Commission’s publication entitled ‘‘Guidelines
for Entrapment Hazards: Making Pools and Spas Safer’’,
and any other pool safety guidelines established by the
Commission.
(b) STANDARDS.—Nothing in this section prevents the Commission from promulgating standards regulating pool and spa safety
or from relying on an applicable national performance standard.
(c) BASIC ACCESS-RELATED SAFETY DEVICES AND EQUIPMENT
REQUIREMENTS TO BE CONSIDERED.—In establishing minimum
State law requirements for swimming pools and spas under subsection (a)(1), the Commission shall consider the following requirements:
(1) COVERS.—A safety pool cover.
(2) GATES.—A gate with direct access to the swimming
pool or spa that is equipped with a self-closing, self-latching
device.

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1799

(3) DOORS.—Any door with direct access to the swimming
pool or spa that is equipped with an audible alert device or
alarm which sounds when the door is opened.
(4) POOL ALARM.—A device designed to provide rapid detection of an entry into the water of a swimming pool or spa.
(d) ENTRAPMENT, ENTANGLEMENT, AND EVISCERATION PREVENTION STANDARDS TO BE REQUIRED.—
(1) IN GENERAL.—In establishing additional minimum State
law requirements for swimming pools and spas under subsection (a)(1), the Commission shall require, at a minimum,
1 or more of the following (except for pools constructed without
a single main drain):
(A) SAFETY VACUUM RELEASE SYSTEM.—A safety
vacuum release system which ceases operation of the pump,
reverses the circulation flow, or otherwise provides a
vacuum release at a suction outlet when a blockage is
detected, that has been tested by an independent third
party and found to conform to ASME/ANSI standard
A112.19.17 or ASTM standard F2387, or any successor
standard.
(B) SUCTION-LIMITING VENT SYSTEM.—A suction-limiting vent system with a tamper-resistant atmospheric
opening.
(C) GRAVITY DRAINAGE SYSTEM.—A gravity drainage
system that utilizes a collector tank.
(D) AUTOMATIC PUMP SHUT-OFF SYSTEM.—An automatic
pump shut-off system.
(E) DRAIN DISABLEMENT.—A device or system that disables the drain.
(F) OTHER SYSTEMS.—Any other system determined
by the Commission to be equally effective as, or better
than, the systems described in subparagraphs (A) through
(E) of this paragraph at preventing or eliminating the
risk of injury or death associated with pool drainage systems.
(2) APPLICABLE STANDARDS.—Any device or system
described in subparagraphs (B) through (E) of paragraph (1)
shall meet the requirements of any ASME/ANSI or ASTM
performance standard if there is such a standard for such
a device or system, or any applicable consumer product safety
standard.

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SEC. 1407. EDUCATION PROGRAM.

15 USC 8006.

(a) IN GENERAL.—The Commission shall establish and carry
out an education program to inform the public of methods to prevent
drowning and entrapment in swimming pools and spas. In carrying
out the program, the Commission shall develop—
(1) educational materials designed for pool manufacturers,
pool service companies, and pool supply retail outlets;
(2) educational materials designed for pool owners and
operators; and
(3) a national media campaign to promote awareness of
pool and spa safety.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Commission for each of the fiscal years
2008 through 2012 $5,000,000 to carry out the education program
authorized by subsection (a).

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121 STAT. 1800
15 USC 8007.

PUBLIC LAW 110–140—DEC. 19, 2007

SEC. 1408. CPSC REPORT.

Not later than 1 year after the last day of each fiscal year
for which grants are made under section 1405, the Commission
shall submit to Congress a report evaluating the implementation
of the grant program authorized by that section.

TITLE XV—REVENUE PROVISIONS
SEC. 1500. AMENDMENT OF 1986 CODE.

Except as otherwise expressly provided, whenever in this title
an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of the
Internal Revenue Code of 1986.
SEC. 1501. EXTENSION OF ADDITIONAL 0.2 PERCENT FUTA SURTAX.

(a) IN GENERAL.—Section 3301 (relating to rate of tax) is
amended—
(1) by striking ‘‘2007’’ in paragraph (1) and inserting ‘‘2008’’,
and
(2) by striking ‘‘2008’’ in paragraph (2) and inserting ‘‘2009’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to wages paid after December 31, 2007.

26 USC 3301.

26 USC 3301
note.

SEC. 1502. 7-YEAR AMORTIZATION OF GEOLOGICAL AND GEOPHYSICAL
EXPENDITURES FOR CERTAIN MAJOR INTEGRATED OIL
COMPANIES.
26 USC 167.

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26 USC 167 note.

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(a) IN GENERAL.—Subparagraph (A) of section 167(h)(5)
(relating to special rule for major integrated oil companies) is
amended by striking ‘‘5-year’’ and inserting ‘‘7-year’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to amounts paid or incurred after the date of the
enactment of this Act.

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PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1801

TITLE XVI—EFFECTIVE DATE
SEC. 1601. EFFECTIVE DATE.

2 USC 1824 note.

This Act and the amendments made by this Act take effect
on the date that is 1 day after the date of enactment of this
Act.
Approved December 19, 2007.

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LEGISLATIVE HISTORY—H.R. 6:
CONGRESSIONAL RECORD, Vol. 153 (2007):
Jan. 18, considered and passed House.
June 12–15, 18–21, considered and passed Senate, amended.
Dec. 6, House concurred in Senate amendments with amendments.
Dec. 12, 13, Senate considered and concurred in House amendments with an
amendment.
Dec. 18, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007):
Dec. 19, Presidential remarks.

Æ

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