A NOTE ON USING THIS: The alignment of the sides isn't great because copying text out of a pdf is iffy. If a number doesn't make sense, it was probably chopped off by the processing script - use this as a guide to check the original text - not as a definitive set of the differences. However, this will err on the side of finding too many differences rather than too few - all differences between the documents are here, but not all of them are real. You are best off if you search for a section name that you want to check on rather than scrolling through (feel free to do so, but at your own risk). Questions go to email "nick" at the website 1sky.org
| Introduced | Chairman's Mark | |
| O:\DEC\DEC09670.xml [file 1 of 5] S.L.C. TH CONGRESS ST SESSION S. ll To create clean energy jobs, promote energy independence, reduce global warming pollution, and transition to a clean energy economy. IN THE SENATE OF THE UNITED STATES llllllllll Mr. KERRY | <> | O:\DEC\DEC09740.xml [file 1 of 5] S.L.C. AMENDMENT NO.llll Calendar No.lll Purpose: In the nature of a substitute. IN THE SENATE OF THE UNITED STATES—111th Cong., 1st Sess. |
| (for himself and Mrs. BOXER) introduced the following bill; which was read twice and referred to the Committee on llllllllll A BILL To create clean energy jobs, promote energy independence, reduce global warming pollution, and transition to a clean energy economy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT | (no.) lllllll To create clean energy jobs, promote energy independence, reduce global warming pollution, and transition to a clean energy economy. Referred to the Committee on llllllllll and ordered to be printed Ordered to lie on the table and to be printed AMENDMENT IN THE NATURE OF A SUBSTITUTE intended to be proposed by lllllll Viz: Strike all after the enacting clause and insert the following: SECTION 1. SHORT | |
| TITLE; TABLE OF CONTENTS. | = | TITLE; TABLE OF CONTENTS. |
| (a) SHORT | (a) SHORT | |
| TITLE.—This Act may be cited as the ‘‘Clean Energy Jobs and American Power Act’’. | TITLE.—This Act may be cited as the ‘‘Clean Energy Jobs and American Power Act’’. | |
| (b) TABLE OF CONTENTS.—The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Economywide emission reduction goals. Sec. 4. Definitions. DIVISION A—AUTHORIZATIONS FOR POLLUTION REDUCTION, TRANSITION, AND ADAPTATION Sec. 101. Structure of Act. | <> | (b) TABLE OF CONTENTS.—The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Economywide emission reduction goals. Sec. 4. Definitions. DIVISION A—AUTHORIZATIONS FOR POLLUTION REDUCTION, TRANSITION, AND ADAPTATION Sec. 101. Structure of Act. Sec. 102. Requirements relating to Federal advisory committees. |
| TITLE I—GREENHOUSE GAS REDUCTION PROGRAMS Subtitle A—Clean Transportation Sec. 111. Emission standards. ‘‘PART B—MOBILE SOURCES ‘‘Sec. 821. Greenhouse gas emission standards for mobile sources. Sec. 112. Greenhouse gas emission reductions through transportation efficiency. ‘‘PART C—TRANSPORTATION EMISSIONS ‘‘Sec. 831. Greenhouse gas emission reductions through transportation efficiency. Sec. 113. Transportation greenhouse gas emission reduction program grants. ‘‘Sec. 832. Transportation greenhouse gas emission reduction program grants. Sec. 114. Smartway transportation efficiency program. ‘‘Sec. 822. SmartWay transportation efficiency program. Subtitle B—Carbon Capture and Sequestration Sec. 121. National strategy. Sec. 122. Regulations for geological sequestration sites. ‘‘Sec. 813. Geological storage sites. Sec. 123. Studies and reports. Sec. 124. Performance standards for coal-fueled power plants. ‘‘Sec. 812. Performance standards for new coal-fired power plants. Sec. 125. Carbon capture and sequestration demonstration and early deployment program. Subtitle C—Nuclear and Advanced Technologies Sec. 131. Findings and policy. Sec. 132. Nuclear worker training. Sec. 133. Nuclear safety and waste management programs. Subtitle D—Water Efficiency Sec. 141. WaterSense. Sec. 142. Federal procurement of water-efficient products. Sec. 143. State residential water efficiency and conservation incentives program. Subtitle E—Miscellaneous Sec. 151. Office of Consumer Advocacy. Sec. 152. Clean technology business competition grant program. Sec. 153. Product carbon disclosure program. Sec. 154. State recycling programs. Sec. 155. Supplemental agriculture and forestry greenhouse gas reduction and renewable energy program. Sec. 156. Economic Development Climate Change Fund. ‘‘Sec. 219. Economic Development Climate Change Fund. Sec. 157. Study of risk-based programs addressing vulnerable areas. Subtitle F—Energy Efficiency and Renewable Energy Sec. 161. Renewable energy. Sec. 162. Advanced biofuels. Sec. 163. Energy efficiency in building codes. Sec. 164. Retrofit for energy and environmental performance. Subtitle G—Emission Reductions From Public Transportation Vehicles Sec. 171. Short title. Sec. 172. State fuel economy regulation for taxicabs. Sec. 173. State regulation of motor vehicle emissions for taxicabs. Subtitle H—Clean Energy and Natural Gas Sec. 181. Clean Energy and Accelerated Emission Reduction Program. Sec. 182. Advanced natural gas technologies. | TITLE I—GREENHOUSE GAS REDUCTION PROGRAMS Subtitle A—Clean Transportation Sec. 111. Emission standards. ‘‘PART B—MOBILE SOURCES ‘‘Sec. 821. Greenhouse gas emission standards for mobile sources. Sec. 112. Greenhouse gas emission reductions through transportation efficiency. ‘‘PART C—TRANSPORTATION EMISSIONS ‘‘Sec. 831. Greenhouse gas emission reductions through transportation efficiency. Sec. 113. Transportation greenhouse gas emission reduction program grants. ‘‘Sec. 832. Transportation greenhouse gas emission reduction program grants. Sec. 114. Smartway transportation efficiency program. ‘‘Sec. 822. SmartWay transportation efficiency program. Subtitle B—Carbon Capture and Sequestration Sec. 121. National strategy. Sec. 122. Regulations for geological sequestration sites. ‘‘Sec. 813. Geological storage sites. Sec. 123. Studies and reports. Sec. 124. Performance standards for new coal-fueled power plants. ‘‘Sec. 812. Performance standards for new coal-fired power plants. Sec. 125. Carbon capture and sequestration demonstration and early deployment program. Subtitle C—Nuclear and Advanced Technologies Sec. 131. Findings and policy. Sec. 132. Nuclear worker training. Sec. 133. Nuclear safety and waste management programs. Subtitle D—Water Efficiency Sec. 141. WaterSense. Sec. 142. Federal procurement of water-efficient products. Sec. 143. State residential water efficiency and conservation incentives program. Subtitle E—Miscellaneous Sec. 151. Office of Consumer Advocacy. Sec. 152. Clean technology business competition grant program. Sec. 153. Product carbon disclosure program. Sec. 154. State recycling programs. Sec. 155. Supplemental agriculture and forestry greenhouse gas reduction and renewable energy program. Sec. 156. Economic Development Climate Change Fund. ‘‘Sec. 219. Economic Development Climate Change Fund. Sec. 157. Study of risk-based programs addressing vulnerable areas. Sec. 158. Efficient Buildings Program. Subtitle F—Energy Efficiency and Renewable Energy Sec. 161. Renewable energy. Sec. 162. Advanced biofuels. Sec. 163. Energy efficiency in building codes. Sec. 164. Retrofit for energy and environmental performance. Sec. 165. Certified stoves program. Sec. 166. Renewable fuel standard. Subtitle G—Emission Reductions From Public Transportation Vehicles Sec. 171. Short title. Sec. 172. State fuel economy regulation for taxicabs. Sec. 173. State regulation of motor vehicle emissions for taxicabs. Subtitle H—Clean Energy and Natural Gas Sec. 181. Clean Energy and Accelerated Emission Reduction Program. Sec. 182. Advanced natural gas technologies. | |
| TITLE II—RESEARCH Subtitle A—Energy Research Sec. 201. Advanced energy research. Subtitle B—Drinking Water Adaptation, Technology, Education, and Research Sec. 211. Effects of climate change on drinking water utilities. | = | TITLE II—RESEARCH Subtitle A—Energy Research Sec. 201. Advanced energy research. Subtitle B—Drinking Water Adaptation, Technology, Education, and Research Sec. 211. Effects of climate change on drinking water utilities. |
| TITLE III—TRANSITION AND ADAPTATION Subtitle A—Green Jobs and Worker Transition PART 1—GREEN JOBS Sec. 301. Clean energy curriculum development grants. Sec. 302. Development of Information and Resources clearinghouse for vocational education and job training in renewable energy sectors. Sec. 303. Green construction careers demonstration project. PART 2—CLIMATE CHANGE WORKER ADJUSTMENT ASSISTANCE Sec. 311. Petitions, eligibility requirements, and determinations. Sec. 312. Program benefits. Sec. 313. General provisions. Subtitle B—International Climate Change Programs Sec. 321. Strategic Interagency Board on International Climate Investment. Sec. 322. Emission reductions from reduced deforestation. ‘‘PART E—SUPPLEMENTAL EMISSION REDUCTIONS ‘‘Sec. 751. Definitions. ‘‘Sec. 752. Purposes. ‘‘Sec. 753. Emission reductions from reduced deforestation. Sec. 323. International Clean Energy Deployment Program. Sec. 324. International climate change adaptation and global security program. Sec. 325. Evaluation and reports. Sec. 326. Report on climate actions of major economies. Subtitle C—Adapting to Climate Change PART 1—DOMESTIC ADAPTATION SUBPART A—NATIONAL CLIMATE CHANGE ADAPTATION PROGRAM Sec. 341. National Climate Change Adaptation Program. Sec. 342. Climate services. SUBPART B—PUBLIC HEALTH AND CLIMATE CHANGE Sec. 351. Sense of Congress on public health and climate change. Sec. 352. Relationship to other laws. Sec. 353. National strategic action plan. Sec. 354. Advisory board. Sec. 355. Reports. Sec. 356. Definitions. SUBPART C—CLIMATE CHANGE SAFEGUARDS FOR NATURAL RESOURCES CONSERVATION Sec. 361. Purposes. Sec. 362. Natural resources climate change adaptation policy. Sec. 363. Definitions. Sec. 364. Council on Environmental Quality. Sec. 365. Natural Resources Climate Change Adaptation Panel. Sec. 366. Natural Resources Climate Change Adaptation Strategy. Sec. 367. Natural resources adaptation science and information. Sec. 368. Federal natural resource agency adaptation plans. Sec. 369. State natural resources adaptation plans. Sec. 370. Natural Resources Climate Change Adaptation Account. Sec. 371. National Fish and Wildlife Habitat and Corridors Information Program. Sec. 372. Additional provisions regarding Indian tribes. SUBPART D—ADDITIONAL CLIMATE CHANGE ADAPTATION PROGRAMS Sec. 381. Water system mitigation and adaption partnerships. Sec. 382. Flood control, protection, prevention, and response. Sec. 383. Wildfire. Sec. 384. Coastal and Great Lakes State adaptation program. DIVISION B—POLLUTION REDUCTION AND INVESTMENT | <> | TITLE III—TRANSITION AND ADAPTATION Subtitle A—Green Jobs and Worker Transition PART 1—GREEN JOBS Sec. 301. Clean energy curriculum development grants. Sec. 302. Development of Information and Resources clearinghouse for vocational education and job training in renewable energy sectors. Sec. 303. Green construction careers demonstration project. PART 2—CLIMATE CHANGE WORKER ADJUSTMENT ASSISTANCE Sec. 311. Petitions, eligibility requirements, and determinations. Sec. 312. Program benefits. Sec. 313. General provisions. Subtitle B—International Climate Change Programs Sec. 321. Strategic Interagency Board on International Climate Investment. Sec. 322. Emission reductions from reduced deforestation. ‘‘PART V—SUPPLEMENTAL EMISSION REDUCTIONS ‘‘Sec. 751. Definitions. ‘‘Sec. 752. Purposes. ‘‘Sec. 753. Emission reductions from reduced deforestation. Sec. 323. International Clean Energy Deployment Program. Sec. 324. International climate change adaptation and global security program. Sec. 325. Evaluation and reports. Sec. 326. Report on climate actions of major economies. Subtitle C—Adapting to Climate Change PART 1—DOMESTIC ADAPTATION SUBPART A—NATIONAL CLIMATE CHANGE ADAPTATION PROGRAM Sec. 341. National Climate Change Adaptation Program. Sec. 342. Climate services. SUBPART B—PUBLIC HEALTH AND CLIMATE CHANGE Sec. 351. Sense of Congress on public health and climate change. Sec. 352. Relationship to other laws. Sec. 353. National strategic action plan. Sec. 354. Advisory board. Sec. 355. Reports. Sec. 356. Definitions. SUBPART C—CLIMATE CHANGE SAFEGUARDS FOR NATURAL RESOURCES CONSERVATION Sec. 361. Purposes. Sec. 362. Natural resources climate change adaptation policy. Sec. 363. Definitions. Sec. 364. Council on Environmental Quality. Sec. 365. Natural Resources Climate Change Adaptation Panel. Sec. 366. Natural Resources Climate Change Adaptation Strategy. Sec. 367. Natural resources adaptation science and information. Sec. 368. Federal natural resource agency adaptation plans. Sec. 369. State natural resources adaptation plans. Sec. 370. Natural Resources Climate Change Adaptation Account. Sec. 371. National Fish and Wildlife Habitat and Corridors Information Program. Sec. 372. Additional provisions regarding Indian tribes. SUBPART D—ADDITIONAL CLIMATE CHANGE ADAPTATION PROGRAMS Sec. 381. Water system mitigation and adaptation partnerships. Sec. 382. Flood control, protection, prevention, and response. Sec. 383. Wildfire. Sec. 384. Coastal and Great Lakes State adaptation program. DIVISION B—POLLUTION REDUCTION AND INVESTMENT |
| TITLE I—REDUCING GLOBAL WARMING POLLUTION Subtitle A—Reducing Global Warming Pollution Sec. 101. Reducing global warming pollution. ‘‘ | = | TITLE I—REDUCING GLOBAL WARMING POLLUTION Subtitle A—Reducing Global Warming Pollution Sec. 101. Reducing global warming pollution. ‘‘ |
| TITLE VII—GLOBAL WARMING POLLUTION REDUCTION AND INVESTMENT PROGRAM ‘‘PART A—GLOBAL WARMING POLLUTION REDUCTION GOALS AND TARGETS ‘‘Sec. 701. Findings. ‘‘Sec. 702. Economywide reduction goals. ‘‘Sec. 703. Reduction targets for specified sources. ‘‘Sec. 704. Supplemental pollution reductions. ‘‘Sec. 705. Review and program recommendations. ‘‘Sec. 706. National Academy review. ‘‘Sec. 707. Presidential response and recommendations. ‘‘PART B—DESIGNATION AND REGISTRATION OF GREENHOUSE GASES ‘‘Sec. 711. Designation of greenhouse gases. ‘‘Sec. 712. Carbon dioxide equivalent value of greenhouse gases. ‘‘Sec. 713. Greenhouse gas registry. ‘‘Sec. 714. Perfluorocarbon regulation. ‘‘PART C—PROGRAM RULES ‘‘Sec. 721. Emission allowances. ‘‘Sec. 722. Prohibition of excess emissions. ‘‘Sec. 723. Penalty for noncompliance. ‘‘Sec. 724. Trading. ‘‘Sec. 725. Banking and borrowing. ‘‘Sec. 726. Market Stability Reserve. ‘‘Sec. 727. Permits. ‘‘Sec. 728. International emission allowances. ‘‘PART D—OFFSETS ‘‘Sec. 731. Offsets Integrity Advisory Board. ‘‘Sec. 732. Establishment of offsets program. ‘‘Sec. 733. Eligible project types. ‘‘Sec. 734. Requirements for offset projects. ‘‘Sec. 735. Approval of offset projects. ‘‘Sec. 736. Verification of offset projects. ‘‘Sec. 737. Issuance of offset credits. ‘‘Sec. 738. Audits. ‘‘Sec. 739. Program review and revision. ‘‘Sec. 740. Early offset supply. ‘‘Sec. 741. Environmental considerations. ‘‘Sec. 742. Trading. ‘‘Sec. 743. Office of Offsets Integrity. ‘‘Sec. 744. International offset credits. Sec. 102. Definitions. ‘‘Sec. 700. Definitions. Sec. 103. Offset reporting requirements. Subtitle B—Disposition of Allowances Sec. 111. Disposition of allowances for global warming pollution reduction program. ‘‘PART H—DISPOSITION OF ALLOWANCES ‘‘Sec. 771. Allocation of emission allowances. ‘‘Sec. 772. Electricity consumers. ‘‘Sec. 773. Natural gas consumers. ‘‘Sec. 774. Home heating oil and propane consumers. ‘‘Sec. 775. Domestic fuel production. ‘‘Sec. 776. Consumer protection. ‘‘Sec. 777. Exchange for State-issued allowances. ‘‘Sec. 778. Auction procedures. ‘‘Sec. 779. Auctioning allowances for other entities. ‘‘Sec. 780. Commercial deployment of carbon capture and sequestration technologies. ‘‘Sec. 781. Oversight of allocations. ‘‘Sec. 782. Early action recognition. ‘‘Sec. 783. Establishment of Deficit Reduction Fund. Subtitle C—Additional Greenhouse Gas Standards Sec. 121. Greenhouse gas standards. ‘‘ | <> | TITLE VII—GLOBAL WARMING POLLUTION REDUCTION AND INVESTMENT PROGRAM ‘‘PART A—GLOBAL WARMING POLLUTION REDUCTION GOALS AND TARGETS ‘‘Sec. 701. Findings. ‘‘Sec. 702. Economywide reduction goals. ‘‘Sec. 703. Reduction targets for specified sources. ‘‘Sec. 704. Supplemental pollution reductions. ‘‘Sec. 705. Review and program recommendations. ‘‘Sec. 706. National Academy review. ‘‘Sec. 707. Presidential response and recommendations. ‘‘Sec. 708. Consultation with States. ‘‘PART B—DESIGNATION AND REGISTRATION OF GREENHOUSE GASES ‘‘Sec. 711. Designation of greenhouse gases. ‘‘Sec. 712. Carbon dioxide equivalent value of greenhouse gases. ‘‘Sec. 713. Greenhouse gas registry. ‘‘Sec. 714. Perfluorocarbon and other nonhydrofluorocarbon fluorinated substance production regulation. ‘‘PART C—PROGRAM RULES ‘‘Sec. 721. Emission allowances. ‘‘Sec. 722. Prohibition of excess emissions. ‘‘Sec. 723. Penalty for noncompliance. ‘‘Sec. 724. Trading. ‘‘Sec. 725. Banking and borrowing. ‘‘Sec. 726. Market Stability Reserve. ‘‘Sec. 727. Permits. ‘‘Sec. 728. International emission allowances. ‘‘PART D—OFFSETS ‘‘Sec. 731. Offsets Integrity Advisory Board. ‘‘Sec. 732. Establishment of offsets program. ‘‘Sec. 733. Eligible project types. ‘‘Sec. 734. Requirements for offset projects. ‘‘Sec. 735. Approval of offset projects. ‘‘Sec. 736. Verification of offset projects. ‘‘Sec. 737. Issuance of offset credits. ‘‘Sec. 738. Audits. ‘‘Sec. 739. Program review and revision. ‘‘Sec. 740. Early offset supply. ‘‘Sec. 741. Environmental considerations. ‘‘Sec. 742. Trading. ‘‘Sec. 743. Office of Offsets Integrity. ‘‘Sec. 744. International offset credits. Sec. 102. Definitions. ‘‘Sec. 700. Definitions. Sec. 103. Offset reporting requirements. Subtitle B—Disposition of Allowances Sec. 111. Disposition of allowances for global warming pollution reduction program. ‘‘PART H—DISPOSITION OF ALLOWANCES ‘‘Sec. 771. Allocation of emission allowances. ‘‘Sec. 772. Electricity consumers. ‘‘Sec. 773. Natural gas consumers. ‘‘Sec. 774. Home heating oil and propane consumers. ‘‘Sec. 775. Domestic fuel production. ‘‘Sec. 776. Consumer protection. ‘‘Sec. 777. Exchange for State-issued allowances. ‘‘Sec. 778. Auction procedures. ‘‘Sec. 779. Auctioning allowances for other entities. ‘‘Sec. 780. Commercial deployment of carbon capture and permanent sequestration technologies. ‘‘Sec. 781. Oversight of allocations. ‘‘Sec. 782. Early action recognition. ‘‘Sec. 783. Establishment of Deficit Reduction Fund. Subtitle C—Additional Greenhouse Gas Standards Sec. 121. Greenhouse gas standards. ‘‘ |
| TITLE VIII—ADDITIONAL GREENHOUSE GAS STANDARDS ‘‘Sec. 801. Definitions. ‘‘PART A—STATIONARY SOURCE STANDARDS ‘‘Sec. 811. Standards of performance. Sec. 122. HFC regulation. ‘‘Sec. 619. Hydrofluorocarbons | = | TITLE VIII—ADDITIONAL GREENHOUSE GAS STANDARDS ‘‘Sec. 801. Definitions. ‘‘PART A—STATIONARY SOURCE STANDARDS ‘‘Sec. 811. Standards of performance. Sec. 122. HFC regulation. ‘‘Sec. 619. Hydrofluorocarbons |
| (HFCs). Sec. 123. Black carbon. ‘‘PART E—BLACK CARBON ‘‘Sec. 851. Black carbon. Sec. 124. States. Sec. 125. State programs. ‘‘PART F—MISCELLANEOUS ‘‘Sec. 861. State programs. ‘‘Sec. 862. Grants for support of air pollution control programs. Sec. 126. Enforcement. Sec. 127. Conforming amendments. Sec. 128. Davis-Bacon compliance. Subtitle D—Carbon Market Assurance Sec. 131. Carbon market assurance. Subtitle E—Ensuring Real Reductions in Industrial Emissions Sec. 141. Ensuring real reductions in industrial emissions. ‘‘PART F—ENSURING REAL REDUCTIONS IN INDUSTRIAL EMISSIONS ‘‘Sec. 761. Purposes. ‘‘Sec. 762. Definitions. ‘‘Sec. 763. Eligible industrial sectors. ‘‘Sec. 764. Distribution of emission allowance rebates. ‘‘Sec. 765. International trade. | <> | (HFCs). Sec. 123. Black carbon. ‘‘PART E—BLACK CARBON ‘‘Sec. 851. Black carbon. Sec. 124. States. Sec. 125. State programs. ‘‘PART F—MISCELLANEOUS ‘‘Sec. 861. State programs. ‘‘Sec. 862. Grants for support of air pollution control programs. Sec. 126. Enforcement. Sec. 127. Forestry sector greenhouse gas accounting. Sec. 128. Conforming amendments. Sec. 129. Davis-Bacon compliance. Subtitle D—Carbon Market Assurance Sec. 131. Carbon market assurance. Subtitle E—Ensuring Real Reductions in Industrial Emissions Sec. 141. Ensuring real reductions in industrial emissions. ‘‘PART F—ENSURING REAL REDUCTIONS IN INDUSTRIAL EMISSIONS ‘‘Sec. 761. Purposes. ‘‘Sec. 762. Definitions. ‘‘Sec. 763. Eligible industrial sectors. ‘‘Sec. 764. Distribution of emission allowance rebates. ‘‘Sec. 765. International trade. |
| TITLE II—PROGRAM ALLOCATIONS Sec. 201. Investment in clean vehicle technology. Sec. 202. State and local investment in energy efficiency and renewable energy. Sec. 203. Energy efficiency in building codes. Sec. 204. Building retrofit program. Sec. 205. Energy Innovation Hubs. Sec. 206. ARPA–E research. Sec. 207. International clean energy deployment program. Sec. 208. International climate change adaptation and global security. Sec. 209. Energy efficiency and renewable energy worker training. Sec. 210. Worker transition. Sec. 211. State programs for greenhouse gas reduction and climate adaptation. Sec. 212. Climate Change Health Protection and Promotion Fund. Sec. 213. Climate change safeguards for natural resources conservation. Sec. 214. Nuclear worker training. Sec. 215. Supplemental agriculture, renewable energy, and forestry. SEC. 2. FINDINGS. Congress finds that— | TITLE II—PROGRAM ALLOCATIONS Sec. 201. Distribution of allowances for investment in clean vehicles. Sec. 202. State and local investment in energy efficiency and renewable energy. Sec. 203. Energy efficiency in building codes. Sec. 204. Energy Innovation Hubs. Sec. 205. ARPA–E research. Sec. 206. International clean energy deployment program. Sec. 207. International climate change adaptation and global security. Sec. 208. Energy efficiency and renewable energy worker training. Sec. 209. Worker transition. Sec. 210. State programs for greenhouse gas reduction and climate adaptation. Sec. 211. Climate Change Health Protection and Promotion Fund. Sec. 212. Climate change safeguards for natural resources conservation. Sec. 213. Nuclear worker training. Sec. 214. Supplemental agriculture, renewable energy, and forestry. Sec. 215. Investment in greenhouse gas reductions from the transportation sector. Sec. 216. State programs for natural resource adaptation activities. SEC. 2. FINDINGS. Congress finds that— | |
| (1) the United States can take back control of the energy future of the United States, strengthen economic competitiveness, safeguard the health of families and the environment, and ensure the national security, of the United States by increasing energy independence; | = | (1) the United States can take back control of the energy future of the United States, strengthen economic competitiveness, safeguard the health of families and the environment, and ensure the national security, of the United States by increasing energy independence; |
| (2) creating a clean energy future requires a comprehensive approach that includes support for the improvement of all energy sources, including coal, natural gas, nuclear power, and renewable generation; | (2) creating a clean energy future requires a comprehensive approach that includes support for the improvement of all energy sources, including coal, natural gas, nuclear power, and renewable generation; | |
| (3) efficiency in the energy sector also represents a critical avenue to reduce energy consumption and carbon pollution, and those benefits can be captured while generating additional savings for consumers; | (3) efficiency in the energy sector also represents a critical avenue to reduce energy consump tion and carbon pollution, and those benefits can be captured while generating additional savings for consumers; | |
| (4) substantially increasing the investment in the clean energy future of the United States will provide economic opportunities to millions of people in the United States and drive future economic growth in this country; | (4) substantially increasing the investment in the clean energy future of the United States will provide economic opportunities to millions of people in the United States and drive future economic growth in this country; | |
| (5) the United States is responsible for many of the initial scientific advances in clean energy technology, but, as of September 2009, the United States has only 5 of the top 30 leading companies in solar, wind, and advanced battery technology; | (5) the United States is responsible for many of the initial scientific advances in clean energy technology, but, as of September 2009, the United States has only 5 of the top 30 leading companies in solar, wind, and advanced battery technology; | |
| (6) investment in the clean energy sector will allow companies in the United States to retake a leadership position, and the jobs created by those investments will significantly accelerate growth in domestic manufacturing; | (6) investment in the clean energy sector will allow companies in the United States to retake a leadership position, and the jobs created by those investments will significantly accelerate growth in domestic manufacturing; | |
| (7) those opportunities also will result in substantial employment gains in construction, a sector in which the median hourly wage is 17 percent higher than the national median; | (7) those opportunities also will result in substantial employment gains in construction, a sector in which the median hourly wage is 17 percent higher than the national median; | |
| (8) those jobs are distributed throughout the United States, and the highest clean energy economy employment growth rates in the last 10 years were in the States of Idaho, Nebraska, South Dakota, Oregon, and New Mexico; | (8) those jobs are distributed throughout the United States, and the highest clean energy economy employment growth rates in the last 10 years were in the States of Idaho, Nebraska, South Dakota, Oregon, and New Mexico; | |
| (9) focusing on clean energy will dramatically reduce pollution and significantly improve the health of families in and the environment of the United States; | (9) focusing on clean energy will dramatically reduce pollution and significantly improve the health of families in and the environment of the United States; | |
| (10) moving to a low-carbon economy must protect the most vulnerable populations in the United States, including low-income families that are particularly affected by volatility in energy prices; | (10) moving to a low-carbon economy must protect the most vulnerable populations in the United States, including low-income families that are particularly affected by volatility in energy prices; | |
| (11) if unchecked, the impact of climate change will include widespread effects on health and welfare, including— | (11) if unchecked, the impact of climate change will include widespread effects on health and welfare, including— | |
| (A) increased outbreaks from waterborne diseases; | (A) increased outbreaks from waterborne diseases; | |
| (B) more droughts; | (B) more droughts; | |
| (C) diminished agricultural production; | (C) diminished agricultural production; | |
| (D) severe storms and floods; | (D) severe storms and floods; | |
| (E) heat waves; | (E) heat waves; | |
| (F) wildfires; and | (F) wildfires; and | |
| (G) a substantial rise in sea levels, due in part to— | (G) a substantial rise in sea levels, due in part to— | |
| (i) melting mountain glaciers; | (i) melting mountain glaciers; | |
| (ii) shrinking sea ice; and | (ii) shrinking sea ice; and | |
| (iii) thawing permafrost; | (iii) thawing permafrost; | |
| (12) the most recent science indicates that the changes described in paragraph | (12) the most recent science indicates that the changes described in paragraph | |
| (11) | (11) | |
| (G) are occurring faster and with greater intensity than expected; | (G) are occurring faster and with greater intensity than expected; | |
| (13) military officials, including retired admirals and generals, concur with the intelligence community that climate change acts as a threat multiplier for instability and presents significant national security challenges for the United States; | (13) military officials, including retired admirals and generals, concur with the intelligence community that climate change acts as a threat multiplier for instability and presents significant national security challenges for the United States; | |
| (14) massive portions of the infrastructure of the United States, including critical military infrastructure, are at risk from the effects of climate change; | (14) massive portions of the infrastructure of the United States, including critical military infrastructure, are at risk from the effects of climate change; | |
| (15) impacts are already being felt in local communities within the United States as well as by atrisk populations abroad; | (15) impacts are already being felt in local communities within the United States as well as by atrisk populations abroad; | |
| (16) the Declaration of the Leaders from the Major Economies Forum on Energy and Climate, representing 17 of the largest economies in the world, recognizes the need to limit the increase in global average temperatures to within 2 degrees Centigrade, as a necessary step to prevent the catastrophic consequences of climate change; and | (16) the Declaration of the Leaders from the Major Economies Forum on Energy and Climate, representing 17 of the largest economies in the world, recognizes the need to limit the increase in global average temperatures to within 2 degrees Centigrade, as a necessary step to prevent the catastrophic consequences of climate change; and | |
| (17) the United States should lead the global community in combating the threat of global climate change and reaching a robust international agree ment to address global warming under the United Nations Framework Convention on Climate Change, done at New York on May 9, 1992 | (17) the United States should lead the global community in combating the threat of global climate change and reaching a robust international agree ment to address global warming under the United Nations Framework Convention on Climate Change, done at New York on May 9, 1992 | |
| (or a successor agreement). SEC. 3. ECONOMYWIDE EMISSION REDUCTION GOALS. The goals of this Act and the amendments made by this Act are to reduce steadily the quantity of United States greenhouse gas emissions such that— | (or a successor agreement). SEC. 3. ECONOMYWIDE EMISSION REDUCTION GOALS. The goals of this Act and the amendments made by this Act are to reduce steadily the quantity of United States greenhouse gas emissions such that— | |
| (1) in 2012, the quantity of United States greenhouse gas emissions does not exceed 97 percent of the quantity of United States greenhouse gas emissions in 2005; | (1) in 2012, the quantity of United States greenhouse gas emissions does not exceed 97 percent of the quantity of United States greenhouse gas emissions in 2005; | |
| (2) in 2020, the quantity of United States greenhouse gas emissions does not exceed 80 percent of the quantity of United States greenhouse gas emissions in 2005; | (2) in 2020, the quantity of United States greenhouse gas emissions does not exceed 80 percent of the quantity of United States greenhouse gas emissions in 2005; | |
| (3) in 2030, the quantity of United States greenhouse gas emissions does not exceed 58 percent of the quantity of United States greenhouse gas emissions in 2005; and | (3) in 2030, the quantity of United States greenhouse gas emissions does not exceed 58 percent of the quantity of United States greenhouse gas emissions in 2005; and | |
| (4) in 2050, the quantity of United States greenhouse gas emissions does not exceed 17 percent of the quantity of United States greenhouse gas emissions in 2005. SEC. 4. DEFINITIONS. In this Act: | (4) in 2050, the quantity of United States greenhouse gas emissions does not exceed 17 percent of the quantity of United States greenhouse gas emissions in 2005. SEC. 4. DEFINITIONS. In this Act: | |
| (1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of the Environmental Protection Agency. | (1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of the Environmental Protection Agency. | |
| (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning given the term in section 302 of the Clean Air Act | (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning given the term in section 302 of the Clean Air Act | |
| (42 U.S.C. 7602). | (42 U.S.C. 7602). | |
| (3) STATE.—The term ‘‘State’’ has the meaning given that term in section 302 of the Clean Air Act | (3) STATE.—The term ‘‘State’’ has the meaning given that term in section 302 of the Clean Air Act | |
| (42 U.S.C. 7602). DIVISION A—AUTHORIZATIONS FOR POLLUTION REDUCTION, TRANSITION, AND ADAPTATION SEC. 101. STRUCTURE OF ACT. | (42 U.S.C. 7602). DIVISION A—AUTHORIZATIONS FOR POLLUTION REDUCTION, TRANSITION, AND ADAPTATION SEC. 101. STRUCTURE OF ACT. | |
| (a) AUTHORIZED AND ALLOCATED PROGRAMS.—The following programs authorized under this division are eligible to receive an allocation under title VII of the Clean Air Act: | (a) AUTHORIZED AND ALLOCATED PROGRAMS.—The following programs authorized under this division are eligible to receive an allocation under title VII of the Clean Air Act: | |
| (1) The program for greenhouse gas emission reductions through transportation efficiency under part C of title VIII the Clean Air Act | (1) The program for greenhouse gas emission reductions through transportation efficiency under part C of title VIII the Clean Air Act | |
| (as added by sections 112 and 113 of this division). | <> | (as added by sections 112 and 113 of this division) and section 215 of division B. |
| (2) The program for nuclear worker training under section 132 of this division and 214 of division B. | (2) The program for nuclear worker training under section 132 of this division and 213 of division B. | |
| (3) State recycling programs under section 1of this division and section 211 of division B. | (3) State recycling programs under section 1of this division and section 210 of division B. | |
| (4) The supplemental agriculture and forestry greenhouse gas reduction and renewable energy program under section 155 of this division and section 15 of division B. | (4) The supplemental agriculture and forestry greenhouse gas reduction and renewable energy program under section 155 of this division and section 14 of division B. | |
| (5) The program for energy efficiency in building codes under section 163 of this division and section 203 of division B. | = | (5) The program for energy efficiency in building codes under section 163 of this division and section 203 of division B. |
| (6) The program for retrofit for energy and environmental performance under section 164 of this division and section 204 of division B. | <> | (6) The program for retrofit for energy and environmental performance under section 164 of this division. |
| (7) The program for worker transition under part 2 of subtitle A of title III of this division and section 210 of division B. | (7) The program for worker transition under part 2 of subtitle A of title III of this division and section 209 of division B. | |
| (8) The program for public health and climate change under subpart B of part 1 of subtitle C of title III of this division and section 212 of division B. | (8) The program for public health and climate change under subpart B of part 1 of subtitle C of title III of this division and section 211 of division B. | |
| (9) The program for climate change safeguards for natural resources conservation under subpart C of part 1 of subtitle C of title III of this division and section 213 of division B. | (9) The program for climate change safeguards for natural resources conservation under subpart C of part 1 of subtitle C of title III of this division and section 212 of division B, including— | |
| (A) State programs for natural resource adaptation under section 370 | ||
| (a) | ||
| (1) of division A, and section 216 of division B; and | ||
| (B) the Natural Resources Climate Change Adaptation Account section 370 | ||
| (a) | ||
| (2) of division A, and section 212 of division B. | ||
| (10) The program for emission reductions from reduced deforestation under section 753 of the Clean Air Act | = | (10) The program for emission reductions from reduced deforestation under section 753 of the Clean Air Act |
| (as added by section 322 of this division) and section 771 | <> | (as added by section 322 of this division). |
| (d) of the Clean Air Act | ||
| (as added by section 111 of division B. | ||
| (11) The International Clean Energy Deployment Program under section 323 of this division and section 207 of division B. | (11) The International Clean Energy Deployment Program under section 323 of this division and section 206 of division B. | |
| (12) The international climate change adaptation and global security program under 324 of this division and section 208 of division B. | (12) The international climate change adaptation and global security program under 324 of this division and section 207 of division B. | |
| (13) The program for water system mitigation and adaptation partnerships under section 381 of this division and section 211 of division B. | (13) The program for water system mitigation and adaptation partnerships under section 381 of this division and section 210 of division B. | |
| (14) The program for flood control, protection, prevention, and response under section 382 of this division and section 211 of division B. | (14) The program for flood control, protection, prevention, and response under section 382 of this division and section 210 of division B. | |
| (15) The program for wildfire under section 383 of this division and section 211 of division B. | (15) The program for wildfire under section 383 of this division and section 210 of division B. | |
| (16) The Coastal and Great Lakes State Adaptation Program under section 384 of this division and section 211 of division B. | (16) The Coastal and Great Lakes State Adaptation Program under section 384 of this division and section 210 of division B. | |
| (b) ALLOCATED PROGRAMS.—The following allocations are provided under title VII of the Clean Air Act: | = | (b) ALLOCATED PROGRAMS.—The following allocations are provided under title VII of the Clean Air Act: |
| (1) The Market Stability Reserve Fund under section 726 of the Clean Air Act | (1) The Market Stability Reserve Fund under section 726 of the Clean Air Act | |
| (as added by section 101 of division B). | (as added by section 101 of division B). | |
| (2) The program to ensure real reductions in industrial emissions under part F of title VII of the Clean Air Act | (2) The program to ensure real reductions in industrial emissions under part F of title VII of the Clean Air Act | |
| (as added by section 141 of division B). | (as added by section 141 of division B). | |
| (3) The program for electricity consumers pursuant to section 772 of the Clean Air Act | (3) The program for electricity consumers pursuant to section 772 of the Clean Air Act | |
| (as added by section 111 of division B). | (as added by section 111 of division B). | |
| (4) The program for natural gas consumers pursuant to section 773 of the Clean Air Act | (4) The program for natural gas consumers pursuant to section 773 of the Clean Air Act | |
| (as added by section 111 of division B). | (as added by section 111 of division B). | |
| (5) The program for home heating oil and propane consumers pursuant to section 774 of the Clean Air Act | (5) The program for home heating oil and propane consumers pursuant to section 774 of the Clean Air Act | |
| (as added by section 111 of division B). | (as added by section 111 of division B). | |
| (6) The program for domestic fuel production, including petroleum refiners and small business refiners, under section 775 of the Clean Air Act | (6) The program for domestic fuel production, including petroleum refiners and small business re finers, under section 775 of the Clean Air Act | |
| (as added by section 111 of division B). | (as added by section 111 of division B). | |
| (7) The program for climate change consumer refunds and low- and moderate-income consumers pursuant to section 776 of the Clean Air Act | (7) The program for climate change consumer refunds and low- and moderate-income consumers pursuant to section 776 of the Clean Air Act | |
| (as added by section 111 of division B), including— | (as added by section 111 of division B), including— | |
| (A) consumer rebates under section 776 | (A) consumer rebates under section 776 | |
| (a) of the Clean Air Act | (a) of the Clean Air Act | |
| (as so added); and | (as so added); and | |
| (B) energy refunds under section 776 | (B) energy refunds under section 776 | |
| (b) of the Clean Air Act | (b) of the Clean Air Act | |
| (as so added). | (as so added). | |
| (8) øThe program for commercial deployment of carbon capture and storage technology under section 780 of the Clean Air Act | <> | (8) The program for commercial deployment of carbon capture and storage technology under section 780 of the Clean Air Act |
| (as added by section 111 of division B)¿. | (as added by section 1of division B). | |
| (9) The program for early action recognition pursuant to section 782 of the Clean Air Act | = | (9) The program for early action recognition pursuant to section 782 of the Clean Air Act |
| (as added by section 111 of division B). | (as added by section 111 of division B). | |
| (10) The program for investment in clean vehicle technology under section 201 of division B. | (10) The program for investment in clean vehicle technology under section 201 of division B. | |
| (11) The program for State and local investment in energy efficiency and renewable energy under section 202 of division B. | (11) The program for State and local investment in energy efficiency and renewable energy under section 202 of division B. | |
| (12) The program for Energy Innovation Hubs pursuant to section 205 of division B. | <> | (12) The program for Energy Innovation Hubs pursuant to section 204 of division B. |
| (13) The program for ARPA–E research pursuant to section 206 of division B. | (13) The program for ARPA–E research pursuant to section 205 of division B. | |
| (14) The program for energy efficiency and renewable energy worker training under section 209 of division B. | (14) The program for energy efficiency and renewable energy worker training under section 208 of division B. | |
| (15) The State programs for greenhouse gas reduction and climate adaptation pursuant to section 11 of division B. | (15) The State programs for greenhouse gas reduction and climate adaptation pursuant to section 10 of division B. | |
| (16) The program for greenhouse gas emission reductions from the transportation sector under section 215 of division B. | ||
| (c) NONALLOCATED PROGRAMS.—The following programs are authorized under this division: | = | (c) NONALLOCATED PROGRAMS.—The following programs are authorized under this division: |
| (1) The SmartWay Transportation Efficiency Program under section 822 of the Clean Air Act | (1) The SmartWay Transportation Efficiency Program under section 822 of the Clean Air Act | |
| (as added by section 114 of this division). | (as added by section 114 of this division). | |
| (2) The carbon capture and sequestration demonstration and early deployment program under section 125 of this division. | (2) The carbon capture and sequestration demonstration and early deployment program under section 125 of this division. | |
| (3) The nuclear safety and waste management programs under section 133 of this division. | (3) The nuclear safety and waste management programs under section 133 of this division. | |
| (4) Water efficiency programs under subtitle D of title I of this division. | (4) Water efficiency programs under subtitle D of title I of this division. | |
| (5) The Office of Consumer Advocacy under section 151 of this division. | (5) The Office of Consumer Advocacy under section 151 of this division. | |
| (6) The clean technology business competition grant program under section 152 of this division. | (6) The clean technology business competition grant program under section 152 of this division. | |
| (7) The product carbon disclosure program under section 153 of this division. | (7) The product carbon disclosure program under section 153 of this division. | |
| (8) The Economic Development Climate Change Fund under section 219 of the Public Works and Economic Development Act of 1965 | (8) The Economic Development Climate Change Fund under section 219 of the Public Works and Economic Development Act of 1965 | |
| (as added by section 156 of this division). | (as added by section 156 of this division). | |
| (9) The program for renewable energy under section 161 of this division. | (9) The program for renewable energy under section 161 of this division. | |
| (10) The program for advanced biofuels under section 162 of this division. | (10) The program for advanced biofuels under section 162 of this division. | |
| (11) The program for emission reductions from public transportation vehicles under subtitle G of title I of this division. | (11) The program for emission reductions from public transportation vehicles under subtitle G of title I of this division. | |
| (12) The Clean Energy and Accelerated Emission Reduction Program under section 181 of this division. | (12) The Clean Energy and Accelerated Emission Reduction Program under section 181 of this division. | |
| (13) The program for advanced natural gas technologies under section 182 of this division. | (13) The program for advanced natural gas technologies under section 182 of this division. | |
| (14) The program for advanced energy research under subtitle A of title II of this division. | (14) The program for advanced energy research under subtitle A of title II of this division. | |
| (15) The program for drinking water adaptation, technology, education, and research under subtitle B of title II of this division. | (15) The program for drinking water adaptation, technology, education, and research under subtitle B of title II of this division. | |
| (16) The program for clean energy curriculum development grants under section 301 of this division. | (16) The program for clean energy curriculum development grants under section 301 of this division. | |
| (17) The program for Development of Information and Resources clearinghouse for vocational education and job training in renewable energy sectors under section 302 of this division. | (17) The program for Development of Information and Resources clearinghouse for vocational education and job training in renewable energy sectors under section 302 of this division. | |
| (18) The green construction careers demonstration project under section 303 of this division. | <> | (18) The green construction careers demonstration project under section 303 of this division. SEC. 102. REQUIREMENTS RELATING TO FEDERAL ADVISORY COMMITTEES. |
| (a) APPOINTMENT QUALIFICATIONS.—Each appointment of a member to an advisory committee established under this Act or an amendment made by this Act shall be— | ||
| (1) based on the qualifications, competence, and experience of the member; and | ||
| (2) except as otherwise required by Federal law | ||
| (including regulations), made without regard to the political affiliation of the member. | ||
| (b) DESIGNATION OF MEMBERS.— | ||
| (1) IN GENERAL.—An individual appointed to serve on an advisory committee established under this Act or an amendment made by this Act who is not a full-time or permanent part-time officer or em ployee of the Federal Government shall be designated by the Federal department or agency to which the relevant advisory committee reports as— | ||
| (A) a special employee of the Federal Government, if the individual is providing advice based substantially on the expertise or experience of the individual; or | ||
| (B) a representative, if the individual is substantially representing the views of individuals or entities outside the Federal Government. | ||
| (2) REVIEWS.— | ||
| (A) IN GENERAL.—The head of each Federal department or agency shall review the membership of each advisory committee that reports to the department or agency— | ||
| (i) to determine whether the designation of the members is appropriate; and | ||
| (ii) if the designation of any member is not appropriate, to redesignate the member. | ||
| (B) TIMING.—A review under subparagraph | ||
| (A) shall be conducted— | ||
| (i) on the date on which the charter of the relevant advisory committee expires; or | ||
| (ii) for any advisory committee with an indefinite charter, not less frequently than once every 2 years. | ||
| (c) ENSURING INDEPENDENT ADVICE AND EXPERTISE.— | ||
| (1) APPOINTMENT.—To the maximum extent practicable, except as provided in subsection | ||
| (b) | ||
| (1) | ||
| (B), the head of each Federal department and agency shall appoint members of advisory committees established under this Act or an amendment made by this Act as special employees of the Federal Government. | ||
| (2) ACTION BY AGENCY HEADS.—The head of each Federal department or agency shall ensure, to the maximum extent practicable, that— | ||
| (A) no individual appointed to serve on an applicable advisory committee has a conflict of interest that is relevant to the functions to be performed by the individual, unless— | ||
| (i) the conflict is promptly and publicly disclosed; and | ||
| (ii) the head of the department or agency determines that the conflict is unavoidable; and | ||
| (B) each report of an applicable advisory committee— | ||
| (i) is the result of the independent judgment of the advisory committee; and | ||
| (ii) includes a statement indicating the process used by the advisory committee in formulating the recommendations or conclusions contained in the report. | ||
| (3) REQUIREMENT.—The head of each Federal department or agency shall require that individuals appointed or considered for appointment to serve on an applicable advisory committee shall inform the head of any conflict of interest of the individual that is relevant to the advisory committee functions to be performed by the individual. | ||
| (4) REPRESENTATIVE MEMBERS.—If the head of a Federal department or agency determines that a member described in subsection | ||
| (b) | ||
| (1) | ||
| (B) is required to serve on an applicable advisory committee, the advisory committee management officer of the department or agency shall consult with the designated ethics official of the department or agency to ensure that the designation of the member is appropriate and necessary to fulfilling the purpose of the advisory committee. | ||
| (5) ACTION BY ETHICS OFFICIALS.—The designated ethics official of each applicable Federal department or agency shall issue guidance to ensure that the applicable advisory committees are providing sufficiently independent advice and expertise. | ||
| (6) REPORTS.—The Administrator of General Services shall— | ||
| (A) conduct an annual review of compliance by Federal departments and agencies with the requirements of this subsection; and | ||
| (B) submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives annual reports describing the results of the reviews. | ||
| (d) DISCLOSURE OF INFORMATION.— | ||
| (1) ITEMS REQUIRED TO BE DISCLOSED.—The head of each Federal department or agency to which an advisory committee established under this Act or an amendment made by this Act reports shall make available as described in paragraph | ||
| (2) the following information, at a minimum: | ||
| (A) The charter of the advisory committee. | ||
| (B) A description of the formation process of the advisory committee, including— | ||
| (i) the process for identifying prospective members; | ||
| (ii) the process of selecting members for balance of viewpoints or expertise; and | ||
| (iii) a justification of the need for representative members, if any. | ||
| (C) A list of all current members of the advisory committee, updated regularly, including, for each member— | ||
| (i) the name of any individual or entity that nominated the member; | ||
| (ii) whether the member is designated as a special employee of the Federal Government or a representative member; and | ||
| (iii) in the case of a representative member, the individuals or entity the viewpoint of which the member represents. | ||
| (D) A list of all special employees of the Federal Government who have received conflict of interest waivers under section 208 | ||
| (b) of title 18, United States Code, pursuant to regulations promulgated by the Office of Government Eth ics, a description of the conflict necessitating the waiver, and the reason for granting the waiver. | ||
| (E) A summary of the decisionmaking process of the advisory committee. | ||
| (F) A complete report of all meetings of the advisory committee. | ||
| (G) Notices of future meetings of the advisory committee. | ||
| (2) METHODS OF DISCLOSURE.— | ||
| (A) AVAILABILITY.— | ||
| (i) IN GENERAL.—Subject to clause | ||
| (ii), the information required to be disclosed by a Federal department or agency under this subsection shall be made available electronically, including on the official public Internet website of the department or agency, not later than 7 calendar days before the applicable meeting of the advisory committee. | ||
| (ii) COMPLETE REPORTS.—Each complete report of a meeting of an advisory committee established under this Act or an amendment made by this Act— | ||
| (I) shall be disclosed by the relevant Federal department or agency under this subsection by not later than 7 calendar days after the date of the meeting; and | ||
| (II) may take the form of an electronic recording of the meeting, a transcript, or any other substantively complete accounting of the meeting. | ||
| (B) ACTION BY GSA.—The Administrator of General Services shall provide, on the official public Internet website of the General Services Administration, electronic access to the information made available by each Federal department or agency under subparagraph | ||
| (A). | ||
| TITLE I—GREENHOUSE GAS REDUCTION PROGRAMS Subtitle A—Clean Transportation SEC. 111. EMISSION STANDARDS. Title VIII of the Clean Air Act | = | TITLE I—GREENHOUSE GAS REDUCTION PROGRAMS Subtitle A—Clean Transportation SEC. 111. EMISSION STANDARDS. Title VIII of the Clean Air Act |
| (as added by section 21 of division B) is amended by adding at the end the following: ‘‘PART B—MOBILE SOURCES ‘‘SEC. 821. GREENHOUSE GAS EMISSION STANDARDS FOR MOBILE SOURCES. ‘‘ | <> | (as added by section 121 of division B) is amended by adding at the end the following: ‘‘PART B—MOBILE SOURCES ‘‘SEC. 821. GREENHOUSE GAS EMISSION STANDARDS FOR MOBILE SOURCES. ‘‘ |
| (a) NEW MOTOR VEHICLES AND NEW MOTOR VEHICLE ENGINES.— | = | (a) NEW MOTOR VEHICLES AND NEW MOTOR VEHICLE ENGINES.— |
| (1) Pursuant to section 202 | (1) Pursuant to section 202 | |
| (a) | (a) | |
| (1), by December 31, 2010, the Administrator shall promulgate standards applicable to emissions of greenhouse gases from new heavy-duty motor vehicles or new heavy-duty motor vehicle engines, excluding such motor vehicles covered by the Tier II standards | (1), by December 31, 2010, the Administrator shall promulgate standards applicable to emissions of greenhouse gases from new heavy-duty motor vehicles or new heavy-duty motor vehicle engines, excluding such motor vehicles covered by the Tier II standards | |
| (as established by the Administrator as of the date of the enactment of this section). The Administrator may revise these standards from time to time. ‘‘ | (as established by the Administrator as of the date of the enactment of this section). The Administrator may revise these standards from time to time. ‘‘ | |
| (2) Regulations issued under section 202 | (2) Regulations issued under section 202 | |
| (a) | (a) | |
| (1) applicable to emissions of greenhouse gases from new heavyduty motor vehicles or new heavy-duty motor vehicle en gines, excluding such motor vehicles covered by the Tier II standards | (1) applicable to emissions of greenhouse gases from new heavyduty motor vehicles or new heavy-duty motor vehicle engines, excluding such motor vehicles covered by the Tier II standards | |
| (as established by the Administrator as of the date of the enactment of this section), shall contain standards that reflect the greatest degree of emissions reduction achievable through the application of technology which the Administrator determines will be available for the model year to which such standards apply, giving appropriate consideration to cost, energy, and safety factors associated with the application of such technology. Any such regulations shall take effect after such period as the Administrator finds necessary to permit the development and application of the requisite technology, and, at a minimum, shall apply for a period no less than 3 model years beginning no earlier than the model year commencing years after such regulations are promulgated. ‘‘ | (as established by the Administrator as of the date of the enactment of this section), shall contain standards that reflect the greatest degree of emissions reduction achievable through the application of technology which the Administrator determines will be available for the model year to which such standards apply, giving appropriate consideration to cost, energy, and safety factors associated with the application of such technology. Any such regulations shall take effect after such period as the Administrator finds necessary to permit the development and application of the requisite technology, and, at a minimum, shall apply for a period no less than 3 model years beginning no earlier than the model year commencing years after such regulations are promulgated. ‘‘ | |
| (3) Regulations issued under section 202 | (3) Regulations issued under section 202 | |
| (a) | (a) | |
| (1) applicable to emissions of greenhouse gases from new heavyduty motor vehicles or new heavy-duty motor vehicle engines, excluding such motor vehicles covered by the Tier II standards | (1) applicable to emissions of greenhouse gases from new heavyduty motor vehicles or new heavy-duty motor vehicle engines, excluding such motor vehicles covered by the Tier II standards | |
| (as established by the Administrator as of the date of the enactment of this section), shall supersede and satisfy any and all of the rulemaking and compliance requirements of section 32902 | (as established by the Administrator as of the date of the enactment of this section), shall supersede and satisfy any and all of the rulemaking and compliance requirements of section 32902 | |
| (k) of title 49, United States Code. ‘‘ | (k) of title 49, United States Code. ‘‘ | |
| (4) Other than as specifically set forth in paragraph | (4) Other than as specifically set forth in paragraph | |
| (3) of this subsection, nothing in this section shall affect or otherwise increase or diminish the authority of the Secretary of Transportation to adopt regulations to improve the overall fuel efficiency of the commercial goods movement system. ‘‘ | (3) of this subsection, nothing in this section shall affect or otherwise increase or diminish the authority of the Secretary of Transportation to adopt regulations to improve the overall fuel efficiency of the commercial goods movement system. ‘‘ | |
| (b) NONROAD VEHICLES AND ENGINES.— | (b) NONROAD VEHICLES AND ENGINES.— | |
| (1) Pursuant to section 213 | (1) Pursuant to section 213 | |
| (a) | (a) | |
| (4) and | (4) and | |
| (5), the Administrator shall identify those classes or categories of new nonroad vehicles or engines, or combinations of such classes or categories, that, in the judgment of the Administrator, both contribute significantly to the total emissions of greenhouse gases from nonroad engines and vehicles, and provide the greatest potential for significant and cost-effective reductions in emissions of greenhouse gases. The Administrator shall promulgate standards applicable to emissions of greenhouse gases from these new nonroad engines or vehicles by December 31, 2012. The Administrator shall also promulgate standards applicable to emissions of greenhouse gases for such other classes and categories of new nonroad vehicles and engines as the Administrator determines appropriate and in the timeframe the Administrator determines appropriate. The Administrator shall base such determination, among other factors, on the relative contribution of greenhouse gas emissions, and the costs for achieving reductions, from such classes or categories of new nonroad engines and vehicles. The Administrator may revise these standards from time to time. ‘‘ | (5), the Administrator shall identify those classes or categories of new nonroad vehicles or engines, or combinations of such classes or categories, that, in the judgment of the Administrator, both contribute significantly to the total emissions of greenhouse gases from nonroad engines and vehicles, and provide the greatest potential for significant and cost-effective reductions in emissions of greenhouse gases. The Administrator shall promulgate standards applicable to emissions of greenhouse gases from these new nonroad engines or vehicles by December 31, 2012. The Administrator shall also promulgate standards applicable to emissions of greenhouse gases for such other classes and categories of new nonroad vehicles and engines as the Administrator determines appropriate and in the timeframe the Administrator determines appropriate. The Administrator shall base such determination, among other factors, on the relative contribution of greenhouse gas emissions, and the costs for achieving reductions, from such classes or categories of new nonroad engines and vehicles. The Administrator may revise these standards from time to time. ‘‘ | |
| (2) Standards under section 213 | (2) Standards under section 213 | |
| (a) | (a) | |
| (4) and | (4) and | |
| (5) applicable to emissions of greenhouse gases from those classes or categories of new nonroad engines or vehicles identified in the first sentence of paragraph | (5) applicable to emissions of greenhouse gases from those classes or categories of new nonroad engines or vehicles identified in the first sentence of paragraph | |
| (1) of this subsection, shall achieve the greatest degree of emissions reduction achievable based on the application of technology which the Administrator determines will be available at the time such standards take effect, taking into consideration cost, energy, and safety factors associated with the application of such technology. Any such regulations shall take effect at the earliest possible date after such period as the Administrator finds necessary to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period, the applicable compliance dates for other standards, and other appropriate factors, including the period of time appropriate for the transfer of applicable technology from other applications, including motor vehicles, and the period of time in which previously promulgated regulations have been in effect. ‘‘ | (1) of this subsection, shall achieve the greatest degree of emissions reduction achievable based on the application of technology which the Administrator determines will be available at the time such standards take effect, taking into consider ation cost, energy, and safety factors associated with the application of such technology. Any such regulations shall take effect at the earliest possible date after such period as the Administrator finds necessary to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period, the applicable compliance dates for other standards, and other appropriate factors, including the period of time appropriate for the transfer of applicable technology from other applications, including motor vehicles, and the period of time in which previously promulgated regulations have been in effect. ‘‘ | |
| (3) For purposes of this section and standards under section 213 | (3) For purposes of this section and standards under section 213 | |
| (a) | (a) | |
| (4) or | (4) or | |
| (5) applicable to emissions of greenhouse gases, the term ‘nonroad engines and vehicles’ shall include non-internal combustion engines and the vehicles these engines power | (5) applicable to emissions of greenhouse gases, the term ‘nonroad engines and vehicles’ shall include non-internal combustion engines and the vehicles these engines power | |
| (such as electric engines and electric vehicles), for those non-internal combustion engines and vehicles which would be in the same category and have the same uses as nonroad engines and vehicles that are powered by internal combustion engines. ‘‘ | (such as electric engines and electric vehicles), for those non-internal combustion engines and vehicles which would be in the same category and have the same uses as nonroad engines and vehicles that are powered by internal combustion engines. ‘‘ | |
| (c) AVERAGING, BANKING, AND TRADING OF EMISSIONS CREDITS.—In establishing standards applicable to emissions of greenhouse gases pursuant to this section and sections 202 | (c) AVERAGING, BANKING, AND TRADING OF EMISSIONS CREDITS.—In establishing standards applicable to emissions of greenhouse gases pursuant to this section and sections 202 | |
| (a), 213 | (a), 213 | |
| (a) | (a) | |
| (4) and | (4) and | |
| (5), and 231 | (5), and 231 | |
| (a), the Administrator may establish provisions for averaging, banking, and trading of greenhouse gas emissions credits within or across classes or categories of motor vehicles and motor vehicle engines, nonroad vehicles and engines | (a), the Ad ministrator may establish provisions for averaging, banking, and trading of greenhouse gas emissions credits within or across classes or categories of motor vehicles and motor vehicle engines, nonroad vehicles and engines | |
| (including marine vessels), and aircraft and aircraft engines, to the extent the Administrator determines appropriate and considering the factors appropriate in setting standards under those sections. Such provisions may include reasonable and appropriate provisions concerning generation, banking, trading, duration, and use of credits. ‘‘ | (including marine vessels), and aircraft and aircraft engines, to the extent the Administrator determines appropriate and considering the factors appropriate in setting standards under those sections. Such provisions may include reasonable and appropriate provisions concerning generation, banking, trading, duration, and use of credits. ‘‘ | |
| (d) REPORTS.—The Administrator shall, from time to time, submit a report to Congress that projects the amount of greenhouse gas emissions from the transportation sector, including transportation fuels, for the years 030 and 2050, based on the standards adopted under this section. ‘‘ | <> | (d) REPORTS.—The Administrator shall, from time to time, submit a report to Congress that projects the amount of greenhouse gas emissions from the transportation sector, including transportation fuels, for the years 2030 and 2050, based on the standards adopted under this section. ‘‘ |
| (e) GREENHOUSE GASES.—Notwithstanding the provisions of section 711, hydrofluorocarbons shall be considered a greenhouse gas for purposes of this section.’’. SEC. 112. GREENHOUSE GAS EMISSION REDUCTIONS THROUGH TRANSPORTATION EFFICIENCY. | = | (e) GREENHOUSE GASES.—Notwithstanding the provisions of section 711, hydrofluorocarbons shall be considered a greenhouse gas for purposes of this section.’’. SEC. 112. GREENHOUSE GAS EMISSION REDUCTIONS THROUGH TRANSPORTATION EFFICIENCY. |
| (a) ENVIRONMENTAL PROTECTION AGENCY.—Title VIII of the Clean Air Act | (a) ENVIRONMENTAL PROTECTION AGENCY.—Title VIII of the Clean Air Act | |
| (as amended by section 1of this division) is amended by adding at the end the following: ‘‘PART C—TRANSPORTATION EMISSIONS ‘‘SEC. 831. GREENHOUSE GAS EMISSION REDUCTIONS THROUGH TRANSPORTATION EFFICIENCY. ‘‘ | (as amended by section 1of this division) is amended by adding at the end the following: ‘‘PART C—TRANSPORTATION EMISSIONS ‘‘SEC. 831. GREENHOUSE GAS EMISSION REDUCTIONS THROUGH TRANSPORTATION EFFICIENCY. ‘‘ | |
| (a) IN GENERAL.—The Administrator, in consultation with the Secretary of Transportation | (a) IN GENERAL.—The Administrator, in consultation with the Secretary of Transportation | |
| (referred to in this part as the ‘Secretary’), shall promulgate, and update from time to time, regulations to establish— ‘‘ | (referred to in this part as the ‘Secretary’), shall promulgate, and update from time to time, regulations to establish— ‘‘ | |
| (1) national transportation-related greenhouse gas emission reduction goals that are commensurate with the emission reduction goals established under the Clean Energy Jobs and American Power Act and amendments made by that Act; ‘‘ | (1) national transportation-related greenhouse gas emission reduction goals that are commensurate with the emission reduction goals established under the Clean Energy Jobs and American Power Act and amendments made by that Act; ‘‘ | |
| (2) standardized emission models and related methods, to be used by States, metropolitan plan ning organizations, and air quality agencies to address emission reduction goals, including— ‘‘ | (2) standardized emission models and related methods, to be used by States, metropolitan planning organizations, and air quality agencies to address emission reduction goals, including— ‘‘ | |
| (A) the development of surface transportation-related greenhouse gas emission reduction targets pursuant to sections 134 and 1of title 23, and sections 5303 and 5304 of title 9, United States Code; ‘‘ | <> | (A) the development of surface transportation-related greenhouse gas emission reduction targets pursuant to sections 134 and 1of title 23, and sections 5303 and 5304 of title 49, United States Code; ‘‘ |
| (B) the assessment of projected surface transportation-related greenhouse gas emissions from transportation strategies; ‘‘ | = | (B) the assessment of projected surface transportation-related greenhouse gas emissions from transportation strategies; ‘‘ |
| (C) the assessment of projected surface transportation-related greenhouse gas emissions from State and regional transportation plans; ‘‘ | (C) the assessment of projected surface transportation-related greenhouse gas emissions from State and regional transportation plans; ‘‘ | |
| (D) the establishment of surface transportation-related greenhouse gas emission baselines at a national, State, and regional level; and ‘‘ | <> | (D) the establishment of surface transportation-related greenhouse gas emission baselines at a national, State, and regional levels; and ‘‘ |
| (E) the measurement and assessment of actual surface transportation-related emissions to assess progress toward achievement of emission targets at the State and regional level; ‘‘ | (E) the measurement and assessment of actual surface transportation-related emissions to assess progress toward achievement of emission targets at the State and regional levels; ‘‘ | |
| (3) methods for collection of data on transportation-related greenhouse gas emissions; and ‘‘ | = | (3) methods for collection of data on transportation-related greenhouse gas emissions; and ‘‘ |
| (4) publication and distribution of successful strategies employed by States, metropolitan planning organizations, and other entities to reduce transportation-related greenhouse gas emissions. ‘‘ | <> | (4) publication and distribution of successful strategies employed by States, Indian tribes, metropolitan planning organizations, and other entities to reduce transportation-related greenhouse gas emissions. ‘‘ |
| (b) ROLE OF DEPARTMENT OF TRANSPORTATION.—The Secretary, in consultation with the Administrator, shall promulgate, and update from time to time, regulations— ‘‘ | = | (b) ROLE OF DEPARTMENT OF TRANSPORTATION.—The Secretary, in consultation with the Administrator, shall promulgate, and update from time to time, regulations— ‘‘ |
| (1) to improve the ability of transportation planning models and tools, including travel demand models, to address greenhouse gas emissions; ‘‘ | (1) to improve the ability of transportation planning models and tools, including travel demand models, to address greenhouse gas emissions; ‘‘ | |
| (2) to assess projected surface transportationrelated travel activity and transportation strategies from State and regional transportation plans; and ‘‘ | (2) to assess projected surface transportationrelated travel activity and transportation strategies from State and regional transportation plans; and ‘‘ | |
| (3) to update transportation planning requirements and approval of transportation plans as necessary to carry out this section. ‘‘ | (3) to update transportation planning requirements and approval of transportation plans as necessary to carry out this section. ‘‘ | |
| (c) CONSULTATION AND MODELS.—In promulgating the regulations, the Administrator and the Secretary— ‘‘ | (c) CONSULTATION AND MODELS.—In promulgating the regulations, the Administrator and the Secretary— ‘‘ | |
| (1) shall consult with States, metropolitan planning organizations, and air quality agencies; ‘‘ | <> | (1) shall consult with States, Indian tribes, metropolitan planning organizations, and air quality agencies; ‘‘ |
| (2) may use existing models and methodologies if the models and methodologies are widely considered to reflect the best practicable modeling or methodological approach for assessing actual and projected transportation-related greenhouse gas emissions from transportation plans and projects; and ‘‘ | = | (2) may use existing models and methodologies if the models and methodologies are widely considered to reflect the best practicable modeling or methodological approach for assessing actual and projected transportation-related greenhouse gas emissions from transportation plans and projects; and ‘‘ |
| (3) shall consider previously developed plans that were based on models and methodologies for reducing greenhouse gas emissions in applying those regulations to the first approvals after promulgation. ‘‘ | (3) shall consider previously developed plans that were based on models and methodologies for reducing greenhouse gas emissions in applying those regulations to the first approvals after promulgation. ‘‘ | |
| (d) TIMING.—The Administrator and the Secretary shall— ‘‘ | (d) TIMING.—The Administrator and the Secretary shall— ‘‘ | |
| (1) publish proposed regulations under subsections | (1) publish proposed regulations under subsections | |
| (a) and | (a) and | |
| (b) not later than 1 year after the date of enactment of this section; and ‘‘ | (b) not later than 1 year after the date of enactment of this section; and ‘‘ | |
| (2) promulgate final regulations under subsections | (2) promulgate final regulations under subsections | |
| (a) and | (a) and | |
| (b) not later than 18 months after the date of enactment of this section. ‘‘ | (b) not later than 18 months after the date of enactment of this section. ‘‘ | |
| (e) ASSESSMENT.— ‘‘ | (e) ASSESSMENT.— ‘‘ | |
| (1) IN GENERAL.—At least every 6 years after promulgating final regulations under subsections | (1) IN GENERAL.—At least every 6 years after promulgating final regulations under subsections | |
| (a) and | (a) and | |
| (b), the Administrator and the Secretary shall jointly assess current and projected progress in reducing national transportation-related greenhouse gas emissions. ‘‘ | (b), the Administrator and the Secretary shall jointly assess current and projected progress in reducing national transportation-related greenhouse gas emissions. ‘‘ | |
| (2) REQUIREMENTS.—The assessment shall examine the contributions to emission reductions attributable to— ‘‘ | (2) REQUIREMENTS.—The assessment shall examine the contributions to emission reductions attributable to— ‘‘ | |
| (A) improvements in vehicle efficiency; ‘‘ | (A) improvements in vehicle efficiency; ‘‘ | |
| (B) greenhouse gas performance of transportation fuels; ‘‘ | (B) greenhouse gas performance of transportation fuels; ‘‘ | |
| (C) reductions in vehicle miles traveled; ‘‘ | (C) reductions in vehicle miles traveled; ‘‘ | |
| (D) changes in consumer demand and use of transportation management systems; and ‘‘ | (D) changes in consumer demand and use of transportation management systems; and ‘‘ | |
| (E) any other greenhouse gas-related transportation policies enacted by Congress. ‘‘ | (E) any other greenhouse gas-related transportation policies enacted by Congress. ‘‘ | |
| (3) RESULTS OF ASSESSMENT.—The Secretary and the Administrator shall consider— ‘‘ | (3) RESULTS OF ASSESSMENT.—The Secretary and the Administrator shall consider— ‘‘ | |
| (A) the results of the assessment conducted under this subsection; and ‘‘ | (A) the results of the assessment conducted under this subsection; and ‘‘ | |
| (B) based on those results, whether technical or other updates to regulations required under this section and sections 134 and 135 of title 23, and sections 5303 and 5304 of title 49, United States Code, are necessary.’’. | (B) based on those results, whether technical or other updates to regulations required under this section and sections 134 and 135 of title 23, and sections 5303 and 5304 of title 49, United States Code, are necessary.’’. | |
| (b) METROPOLITAN PLANNING ORGANIZATIONS.— | (b) METROPOLITAN PLANNING ORGANIZATIONS.— | |
| (1) | (1) | |
| TITLE 23.—Section 134 of title 23, United States Code, is amended— | TITLE 23.—Section 134 of title 23, United States Code, is amended— | |
| (A) in subsection | (A) in subsection | |
| (a) | (a) | |
| (1)— | (1)— | |
| (i) by striking ‘‘minimizing’’ and inserting ‘‘reducing’’; and | (i) by striking ‘‘minimizing’’ and inserting ‘‘reducing’’; and | |
| (ii) by inserting ‘‘, reliance on oil, impacts on the environment, transportation related greenhouse gas emissions,’’ after ‘‘consumption’’; | (ii) by inserting ‘‘, reliance on oil, impacts on the environment, transportationrelated greenhouse gas emissions,’’ after ‘‘consumption’’; | |
| (B) in subsection | (B) in subsection | |
| (h) | (h) | |
| (1) | (1) | |
| (E)— | (E)— | |
| (i) by inserting ‘‘sustainability, and livability, reduce surface transportation-related greenhouse gas emissions and reliance on oil, adapt to the effects of climate change,’’ after ‘‘energy conservation,’’; | (i) by inserting ‘‘sustainability, and livability, reduce surface transportation-related greenhouse gas emissions and reliance on oil, adapt to the effects of climate change,’’ after ‘‘energy conservation,’’; | |
| (ii) by inserting ‘‘and public health’’ after ‘‘quality of life’’; and | (ii) by inserting ‘‘and public health’’ after ‘‘quality of life’’; and | |
| (iii) by inserting ‘‘, including housing and land use patterns’’ after ‘‘development patterns’’; | (iii) by inserting ‘‘, including housing and land use patterns’’ after ‘‘development patterns’’; | |
| (C) in subsection | (C) in subsection | |
| (i)— | (i)— | |
| (i) in paragraph | (i) in paragraph | |
| (4) | (4) | |
| (A)— | (A)— | |
| (I) by striking ‘‘consult, as appropriate,’’ and inserting ‘‘cooperate’’; | (I) by striking ‘‘consult, as appropriate,’’ and inserting ‘‘cooperate’’; | |
| (II) by inserting ‘‘transportation, public transportation, air quality, and housing, and shall consult, as appropriate, with State and local agencies responsible for’’ after ‘‘responsible for’’ and | <> | (II) by inserting ‘‘transportation, public transportation, air quality, and housing, and shall consult, as appropriate, with State and local agencies and Indian tribes responsible for’’ after ‘‘responsible for’’ and |
| (III) by inserting ‘‘public health,’’ after ‘‘conservation,’’; and | = | (III) by inserting ‘‘public health,’’ after ‘‘conservation,’’; and |
| (ii) in paragraph | (ii) in paragraph | |
| (5) | (5) | |
| (C) | (C) | |
| (iii), by inserting ‘‘and through the website of the metropolitan planning organization, including emission reduction targets and strategies developed under subsection | (iii), by inserting ‘‘and through the website of the metropolitan planning organization, including emission reduction targets and strategies developed under subsection | |
| (k) | (k) | |
| (6), including an analysis of the anticipated effects of the targets and strategies,’’ after ‘‘World Wide Web’’; and | (6), including an analysis of the anticipated effects of the targets and strategies,’’ after ‘‘World Wide Web’’; and | |
| (D) in subsection | (D) in subsection | |
| (k), by adding at the end the following: ‘‘ | (k), by adding at the end the following: ‘‘ | |
| (6) TRANSPORTATION GREENHOUSE GAS REDUCTION EFFORTS.— ‘‘ | (6) TRANSPORTATION GREENHOUSE GAS REDUCTION EFFORTS.— ‘‘ | |
| (A) IN GENERAL.—Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section shall address transportationrelated greenhouse gas emissions by including emission reduction targets and strategies to meet those targets. ‘‘ | (A) IN GENERAL.—Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section shall address transportationrelated greenhouse gas emissions by including emission reduction targets and strategies to meet those targets. ‘‘ | |
| (B) ELIGIBLE ORGANIZATIONS.— ‘‘ | (B) ELIGIBLE ORGANIZATIONS.— ‘‘ | |
| (i) MPOS WITHIN TMAS.—All provisions and requirements of this section, including the requirements of the transportation greenhouse gas reduction efforts, shall apply to metropolitan planning orga nizations that also serve as transportation management areas. ‘‘ | (i) MPOS WITHIN TMAS.—All provisions and requirements of this section, including the requirements of the transportation greenhouse gas reduction efforts, shall apply to metropolitan planning organizations that also serve as transportation management areas. ‘‘ | |
| (ii) OTHER MPOS.—A metropolitan planning organization that does not serve as a transportation management area— ‘‘ | (ii) OTHER MPOS.—A metropolitan planning organization that does not serve as a transportation management area— ‘‘ | |
| (I) may develop transportation greenhouse gas emission reduction targets and strategies to meet those targets; and ‘‘ | (I) may develop transportation greenhouse gas emission reduction targets and strategies to meet those targets; and ‘‘ | |
| (II) if those targets and strategies are developed, shall be subject to all applicable provisions and requirements of this section and the Clean Energy Jobs and American Power Act, including requirements of the transportation greenhouse gas reduction efforts. ‘‘ | (II) if those targets and strategies are developed, shall be subject to all applicable provisions and requirements of this section and the Clean Energy Jobs and American Power Act, including requirements of the transportation greenhouse gas reduction efforts. ‘‘ | |
| (C) ESTABLISHMENT OF TARGETS AND CRITERIA.— ‘‘ | (C) ESTABLISHMENT OF TARGETS AND CRITERIA.— ‘‘ | |
| (i) IN GENERAL.—Not later than years after the promulgation of the final regulations required under section 831 of the Clean Air Act, each metropolitan planning organization that also serves as a transportation management area shall de velop surface transportation-related greenhouse gas emission reduction targets, as well as strategies to meet those targets, in consultation with State air agencies as part of the metropolitan transportation planning process under this section. ‘‘ | <> | (i) IN GENERAL.—Not later than years after the promulgation of the final regulations required under section 831 of the Clean Air Act, each metropolitan planning organization that also serves as a transportation management area shall develop surface transportation-related greenhouse gas emission reduction targets, as well as strategies to meet those targets, in consultation with State air agencies and Indian tribes as part of the metropolitan transportation planning process under this section. ‘‘ |
| (ii) MULTIPLE DESIGNATIONS.—If more than 1 metropolitan planning organization has been designated within a metropolitan area, each metropolitan planning organization shall coordinate with other metropolitan planning organizations in the same metropolitan area to develop the targets and strategies described in clause | = | (ii) MULTIPLE DESIGNATIONS.—If more than 1 metropolitan planning organization has been designated within a metropolitan area, each metropolitan planning organization shall coordinate with other metropolitan planning organizations in the same metropolitan area to develop the targets and strategies described in clause |
| (i). ‘‘ | (i). ‘‘ | |
| (iii) MINIMUM REQUIREMENTS.— Each metropolitan transportation plan developed by a metropolitan planning organization under clause | (iii) MINIMUM REQUIREMENTS.— Each metropolitan transportation plan developed by a metropolitan planning organization under clause | |
| (i) shall, within the plan, demonstrate progress in stabilizing and reducing transportation-related greenhouse gas emissions so as to contribute to the achievement of State targets pursuant to section 135 | (i) shall, within the plan, demonstrate progress in stabilizing and reducing transportation-related greenhouse gas emissions so as to contribute to the achievement of State targets pursuant to section 135 | |
| (f) | (f) | |
| (9). ‘‘ | (9). ‘‘ | |
| (iv) REQUIREMENTS FOR TARGETS AND STRATEGIES.—The targets and strat egies developed under this subparagraph shall, at a minimum— ‘‘ | (iv) REQUIREMENTS FOR TARGETS AND STRATEGIES.—The targets and strategies developed under this subparagraph shall, at a minimum— ‘‘ | |
| (I) be based on the emission and travel demand models and related methodologies established in the final regulations required under section 31 of the Clean Air Act; ‘‘ | (I) be based on the emission and travel demand models and related methodologies established in the final regulations required under section 31 of the Clean Air Act; ‘‘ | |
| (II) inventory all sources of surface transportation-related greenhouse gas emissions; ‘‘ | (II) inventory all sources of surface transportation-related greenhouse gas emissions; ‘‘ | |
| (III) apply to those modes of surface transportation that are addressed in the planning process under this section; ‘‘ | (III) apply to those modes of surface transportation that are addressed in the planning process under this section; ‘‘ | |
| (IV) be integrated and consistent with regional transportation plans and transportation improvement programs; and ‘‘ | (IV) be integrated and consistent with regional transportation plans and transportation improvement programs; and ‘‘ | |
| (V) be selected through scenario analysis, and include, pursuant to the requirements of the transportation planning process under this section, transportation investment and management strategies that reduce greenhouse gas emissions from the trans portation sector over the life of the plan, such as— ‘‘ | (V) be selected through scenario analysis, and include, pursuant to the requirements of the transportation planning process under this section, transportation investment and management strategies that reduce greenhouse gas emissions from the transportation sector over the life of the plan, such as— ‘‘ | |
| (aa) efforts to increase public transportation ridership, including through service improvements, capacity expansions, and access enhancement; ‘‘ | (aa) efforts to increase public transportation ridership, including through service im provements, capacity expansions, and access enhancement; ‘‘ | |
| (bb) efforts to increase walking, bicycling, and other forms of nonmotorized transportation; ‘‘ | (bb) efforts to increase walking, bicycling, and other forms of nonmotorized transportation; ‘‘ | |
| (cc) implementation of zoning and other land use regulations and plans to support infill, transit-oriented development, redevelopment, or mixed use development; ‘‘ | (cc) implementation of zoning and other land use regulations and plans to support infill, transit-oriented development, redevelopment, or mixed use development; ‘‘ | |
| (dd) travel demand management programs | (dd) travel demand management programs | |
| (including carpool, vanpool, or car-share projects), transportation pricing measures, parking policies, and programs to promote telecommuting, flexible work schedules, and satellite work centers; ‘‘ | (including carpool, vanpool, or car-share projects), transportation pricing measures, parking policies, and programs to promote telecommuting, flexible work schedules, and satellite work centers; ‘‘ | |
| (ee) surface transportation system operation improvements, including intelligent transportation systems or other operational improvements to reduce long-term greenhouse gas emissions through reduced congestion and improved system management; ‘‘ | (ee) surface transportation system operation improvements, including intelligent transportation systems or other operational improvements to reduce long-term greenhouse gas emissions through reduced congestion and improved system management; ‘‘ | |
| (ff) intercity passenger rail improvements; ‘‘ | (ff) intercity passenger rail improvements; ‘‘ | |
| (gg) intercity bus improvements; ‘‘ | (gg) intercity bus improvements; ‘‘ | |
| (hh) freight rail improvements; ‘‘ | (hh) freight rail improvements; ‘‘ | |
| (ii) use of materials or equipment associated with the construction or maintenance of transportation projects that reduce greenhouse gas emissions; ‘‘ | (ii) use of materials or equipment associated with the construction or maintenance of transportation projects that reduce greenhouse gas emissions; ‘‘ | |
| (jj) public facilities for supplying electricity to electric or plug-in hybrid-electric vehicles; or ‘‘ | (jj) public facilities for supplying electricity to electric or plug-in hybrid-electric vehicles; or ‘‘ | |
| (kk) any other effort that demonstrates progress in reduc ing transportation-related greenhouse gas emissions in each metropolitan planning organization under this subsection. ‘‘ | (kk) any other effort that demonstrates progress in reducing transportation-related greenhouse gas emissions in each metropolitan planning organization under this subsection. ‘‘ | |
| (D) REVIEW AND APPROVAL.—Not later than 180 days after the date of submission of a plan under this section— ‘‘ | (D) REVIEW AND APPROVAL.—Not later than 180 days after the date of submission of a plan under this section— ‘‘ | |
| (i) the Secretary and the Administrator shall review the plan; and ‘‘ | (i) the Secretary and the Administrator shall review the plan; and ‘‘ | |
| (ii) the Secretary shall approve a plan developed by a metropolitan planning organization pursuant to subparagraph | <> | (ii) the Secretary shall make a determination that the plan submitted by a metropolitan planning organization meets the requirements of subparagraph |
| (C) if— ‘‘ | = | (C) if— ‘‘ |
| (I) the Secretary finds that a metropolitan planning organization has developed, submitted, and published the plan of the metropolitan planning organization pursuant to this section; ‘‘ | (I) the Secretary finds that a metropolitan planning organization has developed, submitted, and published the plan of the metropolitan planning organization pursuant to this section; ‘‘ | |
| (II) the Secretary, in consultation with the Administrator, determines that the plan is likely to achieve the targets established by the metropolitan planning organization under this subsection; and ‘‘ | (II) the Secretary, in consultation with the Administrator, determines that the plan is likely to achieve the targets established by the metropolitan planning organization under this subsection; and ‘‘ | |
| (III) the development of the plan complies with the minimum requirements established under clauses | (III) the development of the plan complies with the minimum requirements established under clauses | |
| (iii) and | (iii) and | |
| (iv) of subparagraph | (iv) of subparagraph | |
| (C). ‘‘ | (C). ‘‘ | |
| <> | (E) CERTIFICATION.— ‘‘ | |
| (i) IN GENERAL.—Only metropolitan planning organizations that meet the requirements of subparagraph | ||
| (C) shall be eligible to receive performance grants under section 113 | ||
| (c). ‘‘ | ||
| (E) CERTIFICATION.—Failure to comply with the requirements under subparagraph | (ii) FAILURE TO COMPLY.—Failure to comply with the requirements under subparagraph | |
| (C) shall not impact certification standards under paragraph | = | (C) shall not impact certification standards under paragraph |
| (5). ‘‘ | (5). ‘‘ | |
| (7) DEFINITION OF METROPOLITAN PLANNING ORGANIZATION.—In this subsection, the term ‘metropolitan planning organization’ means a metropolitan planning organization described in clause | (7) DEFINITION OF METROPOLITAN PLANNING ORGANIZATION.—In this subsection, the term ‘metropolitan planning organization’ means a metropolitan planning organization described in clause | |
| (i) or | (i) or | |
| (ii) of paragraph | (ii) of paragraph | |
| (6) | (6) | |
| (B). ‘‘ | (B). ‘‘ | |
| (8) SCENARIO ANALYSIS.—The term ‘scenario analysis’ means the use of a planning tool that— ‘‘ | (8) SCENARIO ANALYSIS.—The term ‘scenario analysis’ means the use of a planning tool that— ‘‘ | |
| (A) develops a range of scenarios representing various combinations of transportation and land use strategies, and estimates of how each of those scenarios would perform in meeting the greenhouse gas emission reduction targets based on analysis of various forces | (A) develops a range of scenarios representing various combinations of transportation and land use strategies, and estimates of how each of those scenarios would perform in meeting the greenhouse gas emission reduction targets based on analysis of various forces | |
| (such as health, transportation, economic or environmental factors, and land use) that affect growth; ‘‘ | (such as health, transportation, economic or en vironmental factors, and land use) that affect growth; ‘‘ | |
| (B) may include features such as— ‘‘ | (B) may include features such as— ‘‘ | |
| (i) the involvement of the general public, key stakeholders, and elected officials on a broad scale; ‘‘ | (i) the involvement of the general public, key stakeholders, and elected officials on a broad scale; ‘‘ | |
| (ii) the creation of an opportunity for those participants to educate each other as to growth trends and trade-offs, as a means to incorporate values and feedback into future plans; and ‘‘ | (ii) the creation of an opportunity for those participants to educate each other as to growth trends and trade-offs, as a means to incorporate values and feedback into future plans; and ‘‘ | |
| (iii) the use of continuing efforts and ongoing processes; and ‘‘ | (iii) the use of continuing efforts and ongoing processes; and ‘‘ | |
| (C) may include key elements such as— ‘‘ | (C) may include key elements such as— ‘‘ | |
| (i) identification of the driving forces behind planning decisions and outcomes; ‘‘ | (i) identification of the driving forces behind planning decisions and outcomes; ‘‘ | |
| (ii) determination of patterns of interaction; ‘‘ | (ii) determination of patterns of interaction; ‘‘ | |
| (iii) creation of scenarios for discussion purposes; ‘‘ | (iii) creation of scenarios for discussion purposes; ‘‘ | |
| (iv) analysis of implications; ‘‘ | (iv) analysis of implications; ‘‘ | |
| (v) evaluation of scenarios; and ‘‘ | (v) evaluation of scenarios; and ‘‘ | |
| (vi) use of monitoring indicators.’’. | (vi) use of monitoring indicators.’’. | |
| (2) | (2) | |
| TITLE 49.—Section 5303 of title 49, United States Code, is amended— | TITLE 49.—Section 5303 of title 49, United States Code, is amended— | |
| (A) in subsection | (A) in subsection | |
| (a) | (a) | |
| (1)— | (1)— | |
| (i) by striking ‘‘minimizing’’ and inserting ‘‘reducing’’; and | (i) by striking ‘‘minimizing’’ and inserting ‘‘reducing’’; and | |
| (ii) by inserting ‘‘, reliance on oil, impacts on the environment, transportationrelated greenhouse gas emissions,’’ after ‘‘consumption’’; | (ii) by inserting ‘‘, reliance on oil, impacts on the environment, transportationrelated greenhouse gas emissions,’’ after ‘‘consumption’’; | |
| (B) in subsection | (B) in subsection | |
| (h) | (h) | |
| (1) | (1) | |
| (E)— | (E)— | |
| (i) by inserting ‘‘sustainability, and livability, reduce surface transportation-related greenhouse gas emissions and reliance on oil, adapt to the effects of climate change,’’ after ‘‘energy conservation,’’; | (i) by inserting ‘‘sustainability, and livability, reduce surface transportation-related greenhouse gas emissions and reliance on oil, adapt to the effects of climate change,’’ after ‘‘energy conservation,’’; | |
| (ii) by inserting ‘‘and public health’’ after ‘‘quality of life’’; and | (ii) by inserting ‘‘and public health’’ after ‘‘quality of life’’; and | |
| (iii) by inserting ‘‘, including housing and land use patterns’’ after ‘‘development patterns’’; | (iii) by inserting ‘‘, including housing and land use patterns’’ after ‘‘development patterns’’; | |
| (C) in subsection | (C) in subsection | |
| (i)— | (i)— | |
| (i) in paragraph | (i) in paragraph | |
| (4) | (4) | |
| (A)— | (A)— | |
| (I) by striking ‘‘consult, as appropriate,’’ and inserting ‘‘cooperate’’; | (I) by striking ‘‘consult, as appropriate,’’ and inserting ‘‘cooperate’’; | |
| (II) by inserting ‘‘transportation, public transportation, air quality, and housing, and shall consult, as appropriate, with State and local agencies responsible for’’ after ‘‘responsible for’’ and | <> | (II) by inserting ‘‘transportation, public transportation, air quality, and housing, and shall consult, as appro priate, with State and local agencies and Indian tribes responsible for’’ after ‘‘responsible for’’ and |
| (III) by inserting ‘‘public health,’’ after ‘‘conservation,’’; and | = | (III) by inserting ‘‘public health,’’ after ‘‘conservation,’’; and |
| (ii) in paragraph | (ii) in paragraph | |
| (5) | (5) | |
| (C) | (C) | |
| (iii), by inserting ‘‘and through the website of the metropolitan planning organization, including emission reduction targets and strategies developed under subsection | (iii), by inserting ‘‘and through the website of the metropolitan planning organization, including emission reduction targets and strategies developed under subsection | |
| (k) | (k) | |
| (6), including an analysis of the anticipated effects of the targets and strategies,’’ after ‘‘World Wide Web’’; and | (6), including an analysis of the anticipated effects of the targets and strategies,’’ after ‘‘World Wide Web’’; and | |
| (D) in subsection | (D) in subsection | |
| (k), by adding at the end the following: ‘‘ | (k), by adding at the end the following: ‘‘ | |
| (6) TRANSPORTATION GREENHOUSE GAS REDUCTION EFFORTS.— ‘‘ | (6) TRANSPORTATION GREENHOUSE GAS REDUCTION EFFORTS.— ‘‘ | |
| (A) IN GENERAL.—Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section shall address transportationrelated greenhouse gas emissions by including emission reduction targets and strategies to meet those targets. ‘‘ | (A) IN GENERAL.—Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section shall address transportationrelated greenhouse gas emissions by including emission reduction targets and strategies to meet those targets. ‘‘ | |
| (B) ELIGIBLE ORGANIZATIONS.— ‘‘ | (B) ELIGIBLE ORGANIZATIONS.— ‘‘ | |
| (i) IN GENERAL.—The requirements of the transportation greenhouse gas reduction efforts shall apply only to metro politan planning organizations within a transportation management area. ‘‘ | (i) IN GENERAL.—The requirements of the transportation greenhouse gas reduction efforts shall apply only to metropolitan planning organizations within a transportation management area. ‘‘ | |
| (ii) DEVELOPMENT OF PLAN.—A metropolitan planning organization that does not serve as a transportation management area— ‘‘ | (ii) DEVELOPMENT OF PLAN.—A metropolitan planning organization that does not serve as a transportation management area— ‘‘ | |
| (I) may develop transportation greenhouse gas emission reduction targets and strategies to meet those targets; and ‘‘ | (I) may develop transportation greenhouse gas emission reduction targets and strategies to meet those targets; and ‘‘ | |
| (II) if those targets and strategies are developed, shall be subject to all provisions and requirements of this section, including requirements of the transportation greenhouse gas reduction efforts. ‘‘ | (II) if those targets and strategies are developed, shall be subject to all provisions and requirements of this section, including requirements of the transportation greenhouse gas reduction efforts. ‘‘ | |
| (C) ESTABLISHMENT OF TARGETS AND CRITERIA.— ‘‘ | (C) ESTABLISHMENT OF TARGETS AND CRITERIA.— ‘‘ | |
| (i) IN GENERAL.—Not later than years after the promulgation of the final regulations required under section 831 of the Clean Air Act, each metropolitan planning organization shall develop surface transportation-related greenhouse gas emission reduction targets, as well as strategies to meet those targets, in consultation with State air agencies as part of the metropolitan transportation planning process under this section. ‘‘ | <> | (i) IN GENERAL.—Not later than years after the promulgation of the final regulations required under section 831 of the Clean Air Act, each metropolitan plan ning organization shall develop surface transportation-related greenhouse gas emission reduction targets, as well as strategies to meet those targets, in consultation with State air agencies and Indian tribes as part of the metropolitan transportation planning process under this section. ‘‘ |
| (ii) MULTIPLE DESIGNATIONS.—If more than 1 metropolitan planning organization has been designated within a metropolitan area, each metropolitan planning organization shall coordinate with other metropolitan planning organizations in the same metropolitan area to develop the targets and strategies described in clause | = | (ii) MULTIPLE DESIGNATIONS.—If more than 1 metropolitan planning organization has been designated within a metropolitan area, each metropolitan planning organization shall coordinate with other metropolitan planning organizations in the same metropolitan area to develop the targets and strategies described in clause |
| (i). ‘‘ | (i). ‘‘ | |
| (iii) MINIMUM REQUIREMENTS.— Each metropolitan transportation plan developed by a metropolitan planning organization under clause | (iii) MINIMUM REQUIREMENTS.— Each metropolitan transportation plan developed by a metropolitan planning organization under clause | |
| (i) shall, within the plan, demonstrate progress in stabilizing and reducing transportation-related greenhouse gas emissions so as to contribute to the achievement of State targets pursuant to section 135 | (i) shall, within the plan, demonstrate progress in stabilizing and reducing transportation-related greenhouse gas emissions so as to contribute to the achievement of State targets pursuant to section 135 | |
| (f) | (f) | |
| (9) of title 23. ‘‘ | (9) of title 23. ‘‘ | |
| (iv) REQUIREMENTS FOR TARGETS AND STRATEGIES.—The targets and strategies developed under this subparagraph shall, at a minimum— ‘‘ | (iv) REQUIREMENTS FOR TARGETS AND STRATEGIES.—The targets and strategies developed under this subparagraph shall, at a minimum— ‘‘ | |
| (I) be based on the emission models and related methodologies established in the final regulations required under section 831 of the Clean Air Act; ‘‘ | (I) be based on the emission models and related methodologies established in the final regulations required under section 831 of the Clean Air Act; ‘‘ | |
| (II) inventory all sources of surface transportation-related greenhouse gas emissions; ‘‘ | (II) inventory all sources of surface transportation-related greenhouse gas emissions; ‘‘ | |
| (III) apply to those modes of surface transportation that are addressed in the planning process under this section; ‘‘ | (III) apply to those modes of surface transportation that are addressed in the planning process under this section; ‘‘ | |
| (IV) be integrated and consistent with regional transportation plans and transportation improvement programs; and ‘‘ | (IV) be integrated and consistent with regional transportation plans and transportation improvement programs; and ‘‘ | |
| (V) be selected through scenario analysis | (V) be selected through scenario analysis | |
| (as defined in section 134 | (as defined in section 134 | |
| (k) of title 23), and include, pursuant to the requirements of the transportation planning process under this section, transportation investment and management strategies that reduce greenhouse gas emissions from the trans portation sector over the life of the plan, such as— ‘‘ | (k) of title 23), and include, pursuant to the requirements of the transportation planning process under this section, transportation investment and management strategies that reduce greenhouse gas emissions from the transportation sector over the life of the plan, such as— ‘‘ | |
| (aa) efforts to increase public transportation ridership, including through service improvements, capacity expansions, and access enhancement; ‘‘ | (aa) efforts to increase public transportation ridership, including through service improvements, capacity expansions, and access enhancement; ‘‘ | |
| (bb) efforts to increase walking, bicycling, and other forms of nonmotorized transportation; ‘‘ | (bb) efforts to increase walking, bicycling, and other forms of nonmotorized transportation; ‘‘ | |
| (cc) implementation of zoning and other land use regulations and plans to support infill, transit-oriented development, redevelopment, or mixed use development; ‘‘ | (cc) implementation of zoning and other land use regulations and plans to support infill, transit-oriented development, redevelopment, or mixed use development; ‘‘ | |
| (dd) travel demand management programs | (dd) travel demand management programs | |
| (including carpool, vanpool, or car-share projects), transportation pricing measures, parking policies, and programs to promote telecommuting, flexible work schedules, and satellite work centers; ‘‘ | (including carpool, vanpool, or car-share projects), transportation pricing measures, parking policies, and programs to promote telecommuting, flexible work schedules, and satellite work centers; ‘‘ | |
| (ee) surface transportation system operation improvements, including intelligent transportation systems or other operational improvements to reduce long-term greenhouse gas emissions through reduced congestion and improved system management; ‘‘ | (ee) surface transportation system operation improvements, including intelligent transportation systems or other operational improvements to reduce long-term greenhouse gas emissions through reduced congestion and improved system management; ‘‘ | |
| (ff) intercity passenger rail improvements; ‘‘ | (ff) intercity passenger rail improvements; ‘‘ | |
| (gg) intercity bus improvements; ‘‘ | (gg) intercity bus improvements; ‘‘ | |
| (hh) freight rail improvements; ‘‘ | (hh) freight rail improvements; ‘‘ | |
| (ii) use of materials or equipment associated with the construction or maintenance of transportation projects that reduce greenhouse gas emissions; ‘‘ | (ii) use of materials or equipment associated with the construction or maintenance of transportation projects that reduce greenhouse gas emissions; ‘‘ | |
| (jj) public facilities for supplying electricity to electric or plug-in hybrid-electric vehicles; or ‘‘ | (jj) public facilities for supplying electricity to electric or plug-in hybrid-electric vehicles; or ‘‘ | |
| (kk) any other effort that demonstrates progress in reduc ing transportation-related greenhouse gas emissions in each metropolitan planning organization under this subsection. ‘‘ | (kk) any other effort that demonstrates progress in reducing transportation-related greenhouse gas emissions in each metropolitan planning organization under this subsection. ‘‘ | |
| (D) REVIEW AND APPROVAL.—Not later than 180 days after the date of submission of a plan under this section— ‘‘ | (D) REVIEW AND APPROVAL.—Not later than 180 days after the date of submission of a plan under this section— ‘‘ | |
| (i) the Secretary and the Administrator shall review the plan; and ‘‘ | (i) the Secretary and the Administrator shall review the plan; and ‘‘ | |
| (ii) the Secretary shall approve a plan developed by a metropolitan planning organization pursuant to subparagraph | <> | (ii) the Secretary shall make a determination that the plan submitted by a metropolitan planning organization meets the requirements of subparagraph |
| (C) if— ‘‘ | = | (C) if— ‘‘ |
| (I) the Secretary finds that a metropolitan planning organization has developed, submitted, and published the plan of the metropolitan planning organization pursuant to this section; ‘‘ | (I) the Secretary finds that a metropolitan planning organization has developed, submitted, and published the plan of the metropolitan planning organization pursuant to this section; ‘‘ | |
| (II) the Secretary, in consultation with the Administrator, determines that the plan is likely to achieve the targets established by the metropolitan planning organization under this subsection; and ‘‘ | (II) the Secretary, in consultation with the Administrator, determines that the plan is likely to achieve the targets established by the metropolitan planning organization under this subsection; and ‘‘ | |
| (III) the development of the plan complies with the minimum requirements established under clauses | (III) the development of the plan complies with the minimum requirements established under clauses | |
| (iii) and | (iii) and | |
| (iv) of subparagraph | (iv) of subparagraph | |
| (C). ‘‘ | (C). ‘‘ | |
| <> | (E) CERTIFICATION.— ‘‘ | |
| (i) IN GENERAL.—Only metropolitan planning organizations that meet the requirements of subparagraph | ||
| (C) shall be eligible to receive performance grants under section 113 | ||
| (c). ‘‘ | ||
| (E) CERTIFICATION.—Failure to comply with the requirements under subparagraph | (ii) FAILURE TO COMPLY.—Failure to comply with the requirements under subparagraph | |
| (C) shall not impact certification standards under paragraph | = | (C) shall not impact certification standards under paragraph |
| (5). ‘‘ | (5). ‘‘ | |
| (7) DEFINITION OF METROPOLITAN PLANNING ORGANIZATION.—In this subsection, the term ‘metropolitan planning organization’ means a metropolitan planning organization described in clause | (7) DEFINITION OF METROPOLITAN PLANNING ORGANIZATION.—In this subsection, the term ‘metropolitan planning organization’ means a metropolitan planning organization described in clause | |
| (i) or | (i) or | |
| (ii) of paragraph | (ii) of paragraph | |
| (6) | (6) | |
| (B).’’. | (B).’’. | |
| (c) STATES.— | (c) STATES.— | |
| (1) | (1) | |
| TITLE 23.—Section 135 of title 23, United States Code, is amended— | TITLE 23.—Section 135 of title 23, United States Code, is amended— | |
| (A) in subsection | (A) in subsection | |
| (d) | (d) | |
| (1) | (1) | |
| (E)— | (E)— | |
| (i) by inserting ‘‘sustainability, and livability, reduce surface transportation-related greenhouse gas emissions and reliance on oil, adapt to the effects of climate change,’’ after ‘‘energy conservation,’’; | (i) by inserting ‘‘sustainability, and livability, reduce surface transportation-related greenhouse gas emissions and reliance on oil, adapt to the effects of climate change,’’ after ‘‘energy conservation,’’; | |
| (ii) by inserting ‘‘and public health’’ after ‘‘quality of life’’; and | (ii) by inserting ‘‘and public health’’ after ‘‘quality of life’’; and | |
| (iii) by inserting ‘‘, including housing and land use patterns’’ after ‘‘development patterns’’; and | (iii) by inserting ‘‘, including housing and land use patterns’’ after ‘‘development patterns’’; and | |
| (B) in subsection | (B) in subsection | |
| (f)— | (f)— | |
| (i) in paragraph | (i) in paragraph | |
| (2) | (2) | |
| (D) | (D) | |
| (i)— | (i)— | |
| (I) by striking ‘‘, as appropriate, in consultation’’ and inserting ‘‘in cooperation’’; | (I) by striking ‘‘, as appropriate, in consultation’’ and inserting ‘‘in cooperation’’; | |
| (II) by inserting ‘‘State and local agencies responsible for transportation, public transportation, air quality, and housing and in consultation with’’ before ‘‘State, tribal’’; and | <> | (II) by inserting ‘‘State and local agencies and Indian tribes responsible for transportation, public transportation, air quality, and housing and in consultation with’’ before ‘‘State, tribal’’; and |
| (III) by inserting ‘‘public health,’’ after ‘‘conservation,’’; | = | (III) by inserting ‘‘public health,’’ after ‘‘conservation,’’; |
| (ii) in paragraph | (ii) in paragraph | |
| (3) | (3) | |
| (B) | (B) | |
| (iii), by inserting ‘‘and through the website of the State, including emission reduction targets and strategies developed under paragraph | (iii), by inserting ‘‘and through the website of the State, including emission reduction targets and strategies developed under paragraph | |
| (9) and an analysis of the anticipated effects of the targets and strategies’’ after ‘‘World Wide Web’’; and | (9) and an analysis of the anticipated effects of the targets and strategies’’ after ‘‘World Wide Web’’; and | |
| (iii) by adding at the end the following: ‘‘ | (iii) by adding at the end the following: ‘‘ | |
| (9) TRANSPORTATION GREENHOUSE GAS REDUCTION EFFORTS.— ‘‘ | (9) TRANSPORTATION GREENHOUSE GAS REDUCTION EFFORTS.— ‘‘ | |
| (A) IN GENERAL.—Within a State, the transportation planning process under this section, shall address transportation-related greenhouse gas emissions by including emission reduction targets and strategies to meet those targets. ‘‘ | (A) IN GENERAL.—Within a State, the transportation planning process under this section, shall address transportation-related greenhouse gas emissions by including emission reduction targets and strategies to meet those targets. ‘‘ | |
| (B) ESTABLISHMENT OF TARGETS AND CRITERIA.— ‘‘ | (B) ESTABLISHMENT OF TARGETS AND CRITERIA.— ‘‘ | |
| (i) IN GENERAL.—Not later than years after the promulgation of the final regulations required under section 831 of the Clean Air Act, each State shall develop surface transportation-related greenhouse gas emission reduction targets, as well as strategies to meet those targets, in consultation with State air agencies as part of the transportation planning process under this section. ‘‘ | <> | (i) IN GENERAL.—Not later than years after the promulgation of the final regulations required under section 831 of the Clean Air Act, each State shall develop surface transportation-related greenhouse gas emission reduction targets, as well as strategies to meet those targets, in consultation with State air agencies and Indian tribes as part of the transportation planning process under this section. ‘‘ |
| (ii) MINIMUM REQUIREMENTS.— Each transportation plan developed by a State under clause | = | (ii) MINIMUM REQUIREMENTS.— Each transportation plan developed by a State under clause |
| (i) shall, within the plan, demonstrate progress in stabilizing and reducing transportation-related green house gas emissions in the State so as to contribute to the achievement of national targets pursuant to section 831 | (i) shall, within the plan, demonstrate progress in stabilizing and reducing transportation-related greenhouse gas emissions in the State so as to contribute to the achievement of national targets pursuant to section 831 | |
| (a) | (a) | |
| (1) of the Clean Air Act. ‘‘ | (1) of the Clean Air Act. ‘‘ | |
| (iii) REQUIREMENTS FOR TARGETS AND STRATEGIES.—The targets and strategies developed under this subparagraph shall, at a minimum— ‘‘ | (iii) REQUIREMENTS FOR TARGETS AND STRATEGIES.—The targets and strategies developed under this subparagraph shall, at a minimum— ‘‘ | |
| (I) be based on the emission models and related methodologies established in the final regulations required under section 831 of the Clean Air Act; ‘‘ | (I) be based on the emission models and related methodologies established in the final regulations required under section 831 of the Clean Air Act; ‘‘ | |
| (II) inventory all sources of surface transportation-related greenhouse gas emissions; ‘‘ | (II) inventory all sources of surface transportation-related greenhouse gas emissions; ‘‘ | |
| (III) apply to those modes of surface transportation that are addressed in the planning process under this section; ‘‘ | (III) apply to those modes of surface transportation that are addressed in the planning process under this section; ‘‘ | |
| (IV) be integrated and consistent with statewide transportation plans and statewide transportation improvement programs; and ‘‘ | (IV) be integrated and consistent with statewide transportation plans and statewide transportation improvement programs; and ‘‘ | |
| (V) be selected through scenario analysis | (V) be selected through scenario analysis | |
| (as defined in section 34 | <> | (as defined in section 134 |
| (k)), and include, pursuant to the requirements of the transportation planning process under this section, transportation investment and management strategies that reduce greenhouse gas emissions from the transportation sector over the life of the plan, such as— ‘‘ | = | (k)), and include, pursuant to the requirements of the transportation planning process under this section, transportation investment and management strategies that reduce greenhouse gas emissions from the transportation sector over the life of the plan, such as— ‘‘ |
| (aa) efforts to increase public transportation ridership, including through service improvements, capacity expansions, and access enhancement; ‘‘ | (aa) efforts to increase public transportation ridership, including through service im provements, capacity expansions, and access enhancement; ‘‘ | |
| (bb) efforts to increase walking, bicycling, and other forms of nonmotorized transportation; ‘‘ | (bb) efforts to increase walking, bicycling, and other forms of nonmotorized transportation; ‘‘ | |
| (cc) implementation of zoning and other land use regulations and plans to support infill, transit-oriented development, redevelopment, or mixed use development; ‘‘ | (cc) implementation of zoning and other land use regulations and plans to support infill, transit-oriented development, redevelopment, or mixed use development; ‘‘ | |
| (dd) travel demand management programs | (dd) travel demand management programs | |
| (including carpool, vanpool, or car-share projects), transportation pricing measures, parking policies, and programs to promote telecommuting, flexible work schedules, and satellite work centers; ‘‘ | (including carpool, vanpool, or car-share projects), transportation pricing measures, parking policies, and programs to promote telecommuting, flexible work schedules, and satellite work centers; ‘‘ | |
| (ee) surface transportation system operation improvements, including intelligent transportation systems or other operational improvements to reduce congestion and improve system management; ‘‘ | (ee) surface transportation system operation improvements, including intelligent transportation systems or other operational improvements to reduce congestion and improve system management; ‘‘ | |
| (ff) intercity passenger rail improvements; ‘‘ | (ff) intercity passenger rail improvements; ‘‘ | |
| (gg) intercity bus improvements; ‘‘ | (gg) intercity bus improvements; ‘‘ | |
| (hh) freight rail improvements; ‘‘ | (hh) freight rail improvements; ‘‘ | |
| (ii) use of materials or equipment associated with the construction or maintenance of transportation projects that reduce greenhouse gas emissions; ‘‘ | (ii) use of materials or equipment associated with the construction or maintenance of transportation projects that reduce greenhouse gas emissions; ‘‘ | |
| (jj) public facilities for supplying electricity to electric or plug-in hybrid-electric vehicles; or ‘‘ | (jj) public facilities for supplying electricity to electric or plug-in hybrid-electric vehicles; or ‘‘ | |
| (kk) any other effort that demonstrates progress in reducing transportation-related greenhouse gas emissions. ‘‘ | (kk) any other effort that demonstrates progress in reducing transportation-related greenhouse gas emissions. ‘‘ | |
| (C) COORDINATION AND CONSULTATION WITH PUBLIC AGENCIES.—Transportation greenhouse gas targets and plans pursuant to this section shall be developed— ‘‘ | (C) COORDINATION AND CONSULTATION WITH PUBLIC AGENCIES.—Transportation greenhouse gas targets and plans pursuant to this section shall be developed— ‘‘ | |
| (i) in coordination with— ‘‘ | (i) in coordination with— ‘‘ | |
| (I) all metropolitan planning organizations covered by this section within the State; and ‘‘ | (I) all metropolitan planning organizations covered by this section within the State; and ‘‘ | |
| (II) transportation and air quality agencies within the State; and ‘‘ | <> | (II) transportation and air quality agencies within the State; ‘‘ |
| (ii) in consultation with representatives of State and local housing, economic development, and land use agencies. ‘‘ | (ii) in consultation with representatives of State and local housing, economic development, and land use agencies; and ‘‘ | |
| (iii) in consultation with Indian tribes contiguous to the State. ‘‘ | ||
| (D) ENFORCEMENT.—Not later than 1days after the date of submission of a plan under this section— ‘‘ | = | (D) ENFORCEMENT.—Not later than 1days after the date of submission of a plan under this section— ‘‘ |
| (i) the Secretary and the Administrator shall review the plan; and ‘‘ | (i) the Secretary and the Administrator shall review the plan; and ‘‘ | |
| (ii) the Secretary shall approve a plan developed by a State pursuant to subparagraph | <> | (ii) the Secretary shall make a determination that the plan submitted by a State meets the requirements of subparagraph |
| (B) if— ‘‘ | = | (B) if— ‘‘ |
| (I) the Secretary finds that a State has developed, submitted, and published the plan pursuant to this section; ‘‘ | (I) the Secretary finds that a State has developed, submitted, and published the plan pursuant to this section; ‘‘ | |
| (II) the Secretary, in consultation with the Administrator, determines that the plan is likely to achieve the targets established by the State under this subsection; and ‘‘ | (II) the Secretary, in consultation with the Administrator, deter mines that the plan is likely to achieve the targets established by the State under this subsection; and ‘‘ | |
| (III) the development of the plan complies with the minimum requirements established under clauses | (III) the development of the plan complies with the minimum requirements established under clauses | |
| (ii) and | (ii) and | |
| (iii) of subparagraph | (iii) of subparagraph | |
| (B). ‘‘ | (B). ‘‘ | |
| <> | (E) PLANNING FINDING.— ‘‘ | |
| (i) IN GENERAL.—Only States that meet the requirements of subparagraph | ||
| (B) shall be eligible to receive performance grants under section 113 | ||
| (c). ‘‘ | ||
| (E) PLANNING FINDING.—Failure to comply with the requirements under subparagraph | (ii) FAILURE TO COMPLY.—Failure to comply with the requirements under subparagraph | |
| (B) shall not impact the planning finding under subsection | = | (B) shall not impact the planning finding under subsection |
| (g) | (g) | |
| (7).’’. | (7).’’. | |
| (2) | (2) | |
| TITLE 49.—Section 5304 of title 49, United States Code is amended— | TITLE 49.—Section 5304 of title 49, United States Code is amended— | |
| (A) in subsection | (A) in subsection | |
| (d) | (d) | |
| (1) | (1) | |
| (E)— | (E)— | |
| (i) by inserting ‘‘sustainability, and livability, reduce surface transportation-related greenhouse gas emissions and reliance on oil, adapt to the effects of climate change,’’ after ‘‘energy conservation,’’; | (i) by inserting ‘‘sustainability, and livability, reduce surface transportation-related greenhouse gas emissions and reliance on oil, adapt to the effects of climate change,’’ after ‘‘energy conservation,’’; | |
| (ii) by inserting ‘‘and public health’’ after ‘‘quality of life’’; and | (ii) by inserting ‘‘and public health’’ after ‘‘quality of life’’; and | |
| (iii) by inserting ‘‘, including housing and land use patterns’’ after ‘‘development patterns’’; and | (iii) by inserting ‘‘, including housing and land use patterns’’ after ‘‘development patterns’’; and | |
| (B) in subsection | (B) in subsection | |
| (f)— | (f)— | |
| (i) in paragraph | (i) in paragraph | |
| (2) | (2) | |
| (D) | (D) | |
| (i)— | (i)— | |
| (I) by striking ‘‘, as appropriate, in consultation’’ and inserting ‘‘in cooperation’’; | (I) by striking ‘‘, as appropriate, in consultation’’ and inserting ‘‘in cooperation’’; | |
| (II) by inserting ‘‘State and local agencies responsible for transportation, public transportation, air quality, and housing and in consultation with’’ before ‘‘State, tribal’’; and | <> | (II) by inserting ‘‘State and local agencies and Indian tribes responsible for transportation, public transportation, air quality, and housing and in consultation with’’ before ‘‘State, tribal’’; and |
| (III) by inserting ‘‘public health,’’ after ‘‘conservation,’’; | = | (III) by inserting ‘‘public health,’’ after ‘‘conservation,’’; |
| (ii) in paragraph | (ii) in paragraph | |
| (3) | (3) | |
| (B) | (B) | |
| (iii), by inserting ‘‘and through the website of the State, including emission reduction targets and strategies developed under paragraph | (iii), by inserting ‘‘and through the website of the State, including emission reduction targets and strategies developed under paragraph | |
| (9) and an analysis of the anticipated effects of the targets and strategies’’ after ‘‘World Wide Web’’; and | (9) and an analysis of the anticipated effects of the targets and strategies’’ after ‘‘World Wide Web’’; and | |
| (iii) by adding at the end the following: ‘‘ | (iii) by adding at the end the following: ‘‘ | |
| (9) TRANSPORTATION GREENHOUSE GAS REDUCTION EFFORTS.— ‘‘ | (9) TRANSPORTATION GREENHOUSE GAS REDUCTION EFFORTS.— ‘‘ | |
| (A) IN GENERAL.—Within a State, the transportation planning process under this section, shall address transportation-related greenhouse gas emissions by including emission reduction targets and strategies to meet those targets. ‘‘ | (A) IN GENERAL.—Within a State, the transportation planning process under this section, shall address transportation-related greenhouse gas emissions by including emission reduction targets and strategies to meet those targets. ‘‘ | |
| (B) ESTABLISHMENT OF TARGETS AND CRITERIA.— ‘‘ | (B) ESTABLISHMENT OF TARGETS AND CRITERIA.— ‘‘ | |
| (i) IN GENERAL.—Not later than years after the promulgation of the final regulations required under section 831 of the Clean Air Act, each State shall develop surface transportation-related greenhouse gas emission reduction targets, as well as strategies to meet those targets, in consultation with State air agencies as part of the transportation planning process under this section. ‘‘ | <> | (i) IN GENERAL.—Not later than years after the promulgation of the final regulations required under section 831 of the Clean Air Act, each State shall develop surface transportation-related greenhouse gas emission reduction targets, as well as strategies to meet those targets, in consultation with State air agencies and Indian tribes as part of the transportation planning process under this section. ‘‘ |
| (ii) MINIMUM REQUIREMENTS.— Each transportation plan developed by a State under clause | = | (ii) MINIMUM REQUIREMENTS.— Each transportation plan developed by a State under clause |
| (i) shall, within the plan, demonstrate progress in stabilizing and reducing transportation-related greenhouse gas emissions in the State so as to contribute to the achievement of national targets pursuant to section 831 | (i) shall, within the plan, demonstrate progress in stabilizing and reducing transportation-related greenhouse gas emissions in the State so as to contribute to the achievement of national targets pursuant to section 831 | |
| (a) | (a) | |
| (1) of the Clean Air Act. ‘‘ | (1) of the Clean Air Act. ‘‘ | |
| (iii) REQUIREMENTS FOR TARGETS AND STRATEGIES.—The targets and strategies developed under this subparagraph shall, at a minimum— ‘‘ | (iii) REQUIREMENTS FOR TARGETS AND STRATEGIES.—The targets and strategies developed under this subparagraph shall, at a minimum— ‘‘ | |
| (I) be based on the emission models and related methodologies established in the final regulations required under section 831 of the Clean Air Act; ‘‘ | (I) be based on the emission models and related methodologies established in the final regulations required under section 831 of the Clean Air Act; ‘‘ | |
| (II) inventory all sources of surface transportation-related greenhouse gas emissions; ‘‘ | (II) inventory all sources of surface transportation-related greenhouse gas emissions; ‘‘ | |
| (III) apply to those modes of surface transportation that are ad dressed in the planning process under this section; ‘‘ | (III) apply to those modes of surface transportation that are addressed in the planning process under this section; ‘‘ | |
| (IV) be integrated and consistent with statewide transportation plans and statewide transportation improvement programs; and ‘‘ | (IV) be integrated and consistent with statewide transportation plans and statewide transportation improvement programs; and ‘‘ | |
| (V) be selected through scenario analysis | (V) be selected through scenario analysis | |
| (as defined in section 134 | (as defined in section 134 | |
| (k) of title 23), and include, pursuant to the requirements of the transportation planning process under this section, transportation investment and management strategies that reduce greenhouse gas emissions from the transportation sector over the life of the plan, such as— ‘‘ | (k) of title 23), and include, pursuant to the requirements of the transportation planning process under this section, transportation investment and management strategies that reduce greenhouse gas emissions from the transportation sector over the life of the plan, such as— ‘‘ | |
| (aa) efforts to increase public transportation ridership, including through service improvements, capacity expansions, and access enhancement; ‘‘ | (aa) efforts to increase public transportation ridership, including through service improvements, capacity expansions, and access enhancement; ‘‘ | |
| (bb) efforts to increase walking, bicycling, and other forms of nonmotorized transportation; ‘‘ | (bb) efforts to increase walking, bicycling, and other forms of nonmotorized transportation; ‘‘ | |
| (cc) implementation of zoning and other land use regulations and plans to support infill, transit-oriented development, redevelopment, or mixed use development; ‘‘ | (cc) implementation of zoning and other land use regulations and plans to support infill, transit-oriented development, re development, or mixed use development; ‘‘ | |
| (dd) travel demand management programs | (dd) travel demand management programs | |
| (including carpool, vanpool, or car-share projects), transportation pricing measures, parking policies, and programs to promote telecommuting, flexible work schedules, and satellite work centers; ‘‘ | (including carpool, vanpool, or car-share projects), transportation pricing measures, parking policies, and programs to promote telecommuting, flexible work schedules, and satellite work centers; ‘‘ | |
| (ee) surface transportation system operation improvements, including intelligent transportation systems or other operational improvements to reduce congestion and improve system management; ‘‘ | (ee) surface transportation system operation improvements, including intelligent transportation systems or other operational improvements to reduce congestion and improve system management; ‘‘ | |
| (ff) intercity passenger rail improvements; ‘‘ | (ff) intercity passenger rail improvements; ‘‘ | |
| (gg) intercity bus improvements; ‘‘ | (gg) intercity bus improvements; ‘‘ | |
| (hh) freight rail improvements; ‘‘ | (hh) freight rail improvements; ‘‘ | |
| (ii) use of materials or equipment associated with the construction or maintenance of transportation projects that reduce greenhouse gas emissions; ‘‘ | (ii) use of materials or equipment associated with the construction or maintenance of transportation projects that reduce greenhouse gas emissions; ‘‘ | |
| (jj) public facilities for supplying electricity to electric or plug-in hybrid-electric vehicles; or ‘‘ | (jj) public facilities for supplying electricity to electric or plug-in hybrid-electric vehicles; or ‘‘ | |
| (kk) any other effort that demonstrates progress in reducing transportation-related greenhouse gas emissions. ‘‘ | (kk) any other effort that demonstrates progress in reducing transportation-related greenhouse gas emissions. ‘‘ | |
| (C) COORDINATION AND CONSULTATION WITH PUBLIC AGENCIES.—Transportation greenhouse gas targets and plans pursuant to this section shall be developed— ‘‘ | (C) COORDINATION AND CONSULTATION WITH PUBLIC AGENCIES.—Transportation greenhouse gas targets and plans pursuant to this section shall be developed— ‘‘ | |
| (i) in coordination with— ‘‘ | (i) in coordination with— ‘‘ | |
| (I) all metropolitan planning organizations covered by this section within the State; and ‘‘ | (I) all metropolitan planning organizations covered by this section within the State; and ‘‘ | |
| (II) transportation and air quality agencies within the State; and ‘‘ | <> | (II) transportation and air quality agencies within the State; ‘‘ |
| (ii) in consultation with representatives of State and local housing, economic development, and land use agencies. ‘‘ | (ii) in consultation with representatives of State and local housing, economic development, and land use agencies; and ‘‘ | |
| (iii) in consultation with Indian tribes contiguous to the State. ‘‘ | ||
| (D) ENFORCEMENT.—Not later than 1days after the date of submission of a plan under this section— ‘‘ | = | (D) ENFORCEMENT.—Not later than 1days after the date of submission of a plan under this section— ‘‘ |
| (i) the Secretary and the Administrator shall review the plan; and ‘‘ | (i) the Secretary and the Administrator shall review the plan; and ‘‘ | |
| (ii) the Secretary shall approve a plan developed by a State pursuant to subparagraph | <> | (ii) the Secretary shall make a determination that the plan submitted by a State meets the requirements of subparagraph |
| (B) if— ‘‘ | = | (B) if— ‘‘ |
| (I) the Secretary finds that a State has developed, submitted, and published the plan pursuant to this section; ‘‘ | (I) the Secretary finds that a State has developed, submitted, and published the plan pursuant to this section; ‘‘ | |
| (II) the Secretary, in consultation with the Administrator, determines that the plan is likely to achieve the targets established by the State under this subsection; and ‘‘ | (II) the Secretary, in consultation with the Administrator, determines that the plan is likely to achieve the targets established by the State under this subsection; and ‘‘ | |
| (III) the development of the plan complies with the minimum requirements established under clauses | (III) the development of the plan complies with the minimum requirements established under clauses | |
| (ii) and | (ii) and | |
| (iii) of subparagraph | (iii) of subparagraph | |
| (B). ‘‘ | (B). ‘‘ | |
| <> | (E) PLANNING FINDING.— ‘‘ | |
| (i) IN GENERAL.—Only States that meet the requirements of subparagraph | ||
| (B) shall be eligible to receive performance grants under section 113 | ||
| (c). ‘‘ | ||
| (E) PLANNING FINDING.—Failure to comply with the requirements under subparagraph | (ii) FAILURE TO COMPLY.—Failure to comply with the requirements under subparagraph | |
| (B) shall not impact the planning finding under subsection | = | (B) shall not impact the planning finding under subsection |
| (g) | (g) | |
| (7).’’. | (7).’’. | |
| (d) APPLICABILITY.—Section 304 of the Clean Air Act | (d) APPLICABILITY.—Section 304 of the Clean Air Act | |
| (42 U.S.C. 7604) shall not apply to the planning provisions of this section or any amendment made by this section. | (42 U.S.C. 7604) shall not apply to the planning provisions of this section or any amendment made by this section. | |
| (e) LAND USE AUTHORITY.—Nothing in this section or an amendment made by this section— | (e) LAND USE AUTHORITY.—Nothing in this section or an amendment made by this section— | |
| (1) infringes on the existing authority of local governments to plan or control land use; or | (1) infringes on the existing authority of local governments to plan or control land use; or | |
| (2) provides or transfers authority over land use to any other entity. SEC. 113. TRANSPORTATION GREENHOUSE GAS EMISSION REDUCTION PROGRAM GRANTS. Part C of title VIII of the Clean Air Act | (2) provides or transfers authority over land use to any other entity. SEC. 113. TRANSPORTATION GREENHOUSE GAS EMISSION REDUCTION PROGRAM GRANTS. Part C of title VIII of the Clean Air Act | |
| (as amended by section 112) is amended by adding at the end the following: ‘‘SEC. 832. TRANSPORTATION GREENHOUSE GAS EMISSION REDUCTION PROGRAM GRANTS. ‘‘ | (as amended by section 112) is amended by adding at the end the following: ‘‘SEC. 832. TRANSPORTATION GREENHOUSE GAS EMISSION REDUCTION PROGRAM GRANTS. ‘‘ | |
| (a) IN GENERAL.—The Secretary of Transportation | (a) IN GENERAL.—The Secretary of Transportation | |
| (referred to in this section as the ‘Secretary’) shall provide grants to States and metropolitan planning organizations to carry out the purposes of this section for each fiscal year— ‘‘ | (referred to in this section as the ‘Secretary’) shall provide grants to States and metropolitan planning organizations to carry out the purposes of this section for each fiscal year— ‘‘ | |
| (1) to support the developing and updating of transportation greenhouse gas reduction targets and strategies; and ‘‘ | (1) to support the developing and updating of transportation greenhouse gas reduction targets and strategies; and ‘‘ | |
| (2) to provide financial assistance to implement plans approved pursuant to— ‘‘ | (2) to provide financial assistance to implement plans approved pursuant to— ‘‘ | |
| (A) sections 134 | (A) sections 134 | |
| (k) | (k) | |
| (6) and 135 | (6) and 135 | |
| (f) | (f) | |
| (9) of title 23, United States Code; and ‘‘ | (9) of title 23, United States Code; and ‘‘ | |
| (B) sections 5303 | (B) sections 5303 | |
| (k) | (k) | |
| (6) and 5304 | (6) and 5304 | |
| (f) | (f) | |
| (9) of title 49, United States Code. ‘‘ | (9) of title 49, United States Code. ‘‘ | |
| (b) PLANNING GRANTS.— ‘‘ | (b) PLANNING GRANTS.— ‘‘ | |
| (1) IN GENERAL.—Subject to paragraph | (1) IN GENERAL.—Subject to paragraph | |
| (2), the Secretary shall allocate not more than 5 percent of the funds available to carry out this section for a fiscal year for metropolitan planning organizations to develop and update transportation plans, including targets and strategies for greenhouse gas emission reduction under— ‘‘ | <> | (2), the Secretary shall allocate not more than 10 percent of the funds available to carry out this section for a fiscal year for metropolitan planning organizations to develop and update transportation plans, including targets and strategies for greenhouse gas emission reduction under— ‘‘ |
| (A) sections 134 | = | (A) sections 134 |
| (k) | (k) | |
| (6) and 135 | (6) and 135 | |
| (f) | (f) | |
| (9) of title 23, United States Code; and ‘‘ | (9) of title 23, United States Code; and ‘‘ | |
| (B) sections 5303 | (B) sections 5303 | |
| (k) | (k) | |
| (6) and 5304 | (6) and 5304 | |
| (f) | (f) | |
| (9) of title 49, United States Code. ‘‘ | (9) of title 49, United States Code. ‘‘ | |
| (2) ELIGIBLE ORGANIZATIONS.—The Secretary shall distribute the funds available in | (2) ELIGIBLE ORGANIZATIONS.—The Secretary shall distribute the funds available in | |
| (1) to metropolitan planning organizations | (1) to metropolitan planning organizations | |
| (as defined in section 134 | (as defined in section 134 | |
| (k) | (k) | |
| (7) of title 23, United States Code) in the proportion that— ‘‘ | (7) of title 23, United States Code) in the proportion that— ‘‘ | |
| (A) the population within such a metropolitan planning organization; bears to ‘‘ | (A) the population within such a metropolitan planning organization; bears to ‘‘ | |
| (B) the total population of all such metropolitan planning organizations. ‘‘ | (B) the total population of all such metropolitan planning organizations. ‘‘ | |
| (c) PERFORMANCE GRANTS.— ‘‘ | (c) PERFORMANCE GRANTS.— ‘‘ | |
| (1) IN GENERAL.—After allocating funds pursuant to subsection | (1) IN GENERAL.—After allocating funds pursuant to subsection | |
| (b) | (b) | |
| <> | (1), and subject to subsection | |
| (1), the Secretary shall use the remainder of amounts made available to carry out this section to provide grants to States and metropolitan planning organizations. ‘‘ | (h), the Secretary shall use the remainder of amounts made available to carry out this section to provide grants to States and metropolitan planning organizations. ‘‘ | |
| (2) CRITERIA.—In providing grants under this subsection, the Secretary, in consultation with the Administrator, shall develop criteria for providing the grants, taking into consideration, with respect to areas to be covered by the grants— ‘‘ | = | (2) CRITERIA.—In providing grants under this subsection, the Secretary, in consultation with the Administrator, shall develop criteria for providing the grants, taking into consideration, with respect to areas to be covered by the grants— ‘‘ |
| (A) the quantity of total greenhouse gas emissions to be reduced as a result of implementation of a plan, within a covered area, as determined by methods established under section 831 | (A) the quantity of total greenhouse gas emissions to be reduced as a result of implementation of a plan, within a covered area, as determined by methods established under section 831 | |
| (a); ‘‘ | (a); ‘‘ | |
| (B) the quantity of total greenhouse gas emissions to be reduced per capita as a result of implementation of a plan, within the covered area, as determined by methods established under section 831 | (B) the quantity of total greenhouse gas emissions to be reduced per capita as a result of implementation of a plan, within the covered area, as determined by methods established under section 831 | |
| (a); ‘‘ | (a); ‘‘ | |
| (C) the cost-effectiveness of reducing greenhouse gas emissions during the life of the plan; ‘‘ | (C) the cost-effectiveness of reducing greenhouse gas emissions during the life of the plan; ‘‘ | |
| (D) progress toward achieving emission reductions target established under— ‘‘ | (D) progress toward achieving emission reductions target established under— ‘‘ | |
| (i) sections 134 | (i) sections 134 | |
| (k) | (k) | |
| (6) and 135 | (6) and 135 | |
| (f) | (f) | |
| (9) of title 23, United States Code; and ‘‘ | (9) of title 23, United States Code; and ‘‘ | |
| (ii) sections 5303 | (ii) sections 5303 | |
| (k) | (k) | |
| (6) and 5304 | (6) and 5304 | |
| (f) | (f) | |
| (9) of title 49, United States Code; ‘‘ | (9) of title 49, United States Code; ‘‘ | |
| (E) reductions in greenhouse gas emissions previously achieved by States and metropolitan planning organizations during the 5- year period beginning on the date of enactment of this Act; ‘‘ | (E) reductions in greenhouse gas emissions previously achieved by States and metropolitan planning organizations during the 5- year period beginning on the date of enactment of this Act; ‘‘ | |
| (F) plans that increase transportation options and mobility, particularly for low-income individuals, minorities, the elderly, households without motor vehicles, cost-burdened households, and the disabled; and ‘‘ | (F) plans that increase transportation options and mobility, particularly for low-income individuals, minorities, the elderly, households without motor vehicles, cost-burdened households, and the disabled; and ‘‘ | |
| (G) other factors, including innovative approaches, minimization of costs, and consideration of economic development, revenue genera tion, consumer fuel cost-savings, and other economic, environmental and health benefits, as the Secretary determines to be appropriate. ‘‘ | (G) other factors, including innovative approaches, minimization of costs, and consideration of economic development, revenue generation, consumer fuel cost-savings, and other economic, environmental and health benefits, as the Secretary determines to be appropriate. ‘‘ | |
| (d) REQUIREMENT FOR REDUCED EMISSIONS.—A performance grant under subsection | (d) REQUIREMENT FOR REDUCED EMISSIONS.—A performance grant under subsection | |
| (c) may be used only to fund strategies that demonstrate a reduction in greenhouse gas emissions that is sustainable over the life of the applicable transportation plan. ‘‘ | (c) may be used only to fund strategies that demonstrate a reduction in greenhouse gas emissions that is sustainable over the life of the applicable transportation plan. ‘‘ | |
| (e) COST-SHARING.—The Federal share of the costs of a project receiving Federal financial assistance under this section shall be 80 percent. ‘‘ | (e) COST-SHARING.—The Federal share of the costs of a project receiving Federal financial assistance under this section shall be 80 percent. ‘‘ | |
| (f) COMPLIANCE WITH APPLICABLE LAWS.— ‘‘ | (f) COMPLIANCE WITH APPLICABLE LAWS.— ‘‘ | |
| (1) IN GENERAL.—Subject to paragraph | (1) IN GENERAL.—Subject to paragraph | |
| (2), a project receiving funds under this section shall comply with all applicable Federal laws | (2), a project receiving funds under this section shall comply with all applicable Federal laws | |
| (including regulations), including— ‘‘ | (including regulations), including— ‘‘ | |
| (A) subchapter IV of chapter 31 of title 40, United States Code; and ‘‘ | (A) subchapter IV of chapter 31 of title 40, United States Code; and ‘‘ | |
| (B) applicable requirements of titles and 49, United States Code. ‘‘ | (B) applicable requirements of titles and 49, United States Code. ‘‘ | |
| (2) ELIGIBILITY.—Project eligibility shall be determined in accordance with this section. ‘‘ | (2) ELIGIBILITY.—Project eligibility shall be determined in accordance with this section. ‘‘ | |
| (3) DETERMINATION OF APPLICABLE MODAL REQUIREMENTS.—The Secretary shall— ‘‘ | (3) DETERMINATION OF APPLICABLE MODAL REQUIREMENTS.—The Secretary shall— ‘‘ | |
| (A) have the discretion to designate the specific modal requirements that shall apply to a project; and ‘‘ | (A) have the discretion to designate the specific modal requirements that shall apply to a project; and ‘‘ | |
| (B) be guided by the predominant modal characteristics of the project in the event that a project has cross-modal application. ‘‘ | (B) be guided by the predominant modal characteristics of the project in the event that a project has cross-modal application. ‘‘ | |
| (g) ADDITIONAL REQUIREMENTS.— ‘‘ | (g) ADDITIONAL REQUIREMENTS.— ‘‘ | |
| (1) IN GENERAL.—As a condition on the receipt of financial assistance under this section, the interests of public transportation employees affected by the assistance shall be protected under arrangements that the Secretary of Labor determines— ‘‘ | (1) IN GENERAL.—As a condition on the receipt of financial assistance under this section, the interests of public transportation employees affected by the assistance shall be protected under arrangements that the Secretary of Labor determines— ‘‘ | |
| (A) to be fair and equitable; and ‘‘ | (A) to be fair and equitable; and ‘‘ | |
| (B) to provide benefits equal to the benefits established under section 5333 | (B) to provide benefits equal to the benefits established under section 5333 | |
| (b) of title 49, United States Code. ‘‘ | (b) of title 49, United States Code. ‘‘ | |
| (2) WAGES AND BENEFITS.—Laborers and mechanics employed on projects funded with amounts made available under this section shall be paid wages and benefits not less than those determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code, to be prevailing in the same locality. ‘‘ | (2) WAGES AND BENEFITS.—Laborers and mechanics employed on projects funded with amounts made available under this section shall be paid wages and benefits not less than those determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code, to be prevailing in the same locality. ‘‘ | |
| <> | (h) ADMINISTRATIVE EXPENSES.—Not more than percent of the funds made available to carry out this section may be used by the Secretary to pay the administrative expenses necessary to carry out this section for a fiscal year. ‘‘ | |
| (h) MISCELLANEOUS.— ‘‘ | (i) MISCELLANEOUS.— ‘‘ | |
| (1) ROAD-USE AND CONGESTION PRICING MEASURES.—All projects funded by amounts made available under this section shall be eligible to receive amounts collected through road-use and congestion pricing measures. ‘‘ | = | (1) ROAD-USE AND CONGESTION PRICING MEASURES.—All projects funded by amounts made available under this section shall be eligible to receive amounts collected through road-use and congestion pricing measures. ‘‘ |
| (2) LIMITATIONS.—The Administrator may not approve any transportation plan for a project that would be inconsistent with existing design, procurement, and construction guidelines established by the Department of Transportation. ‘‘ | (2) LIMITATIONS.—The Administrator may not approve any transportation plan for a project that would be inconsistent with existing design, procurement, and construction guidelines established by the Department of Transportation. ‘‘ | |
| (3) SUBGRANTEES.—With the approval of the Secretary, recipients of funding under this section may enter into agreements providing for the transfer of funds to noneligible public entities | (3) SUBGRANTEES.—With the approval of the Secretary, recipients of funding under this section may enter into agreements providing for the transfer of funds to noneligible public entities | |
| (such as local governments, air quality agencies, zoning commissions, special districts and transit agencies) that have statutory responsibility or authority for actions necessary to implement the strategies pursuant to— ‘‘ | (such as local governments, air quality agencies, zoning commissions, special districts and transit agencies) that have statutory responsibility or authority for actions necessary to implement the strategies pursuant to— ‘‘ | |
| (A) sections 134 | (A) sections 134 | |
| (k) | (k) | |
| (6) and 135 | (6) and 135 | |
| (f) | (f) | |
| (9) of title 23, United States Code; and ‘‘ | (9) of title 23, United States Code; and ‘‘ | |
| (B) sections 5303 | (B) sections 5303 | |
| (k) | (k) | |
| (6) and 5304 | (6) and 5304 | |
| (f) | (f) | |
| (9) of title 49, United States Code.’’. SEC. 114. SMARTWAY TRANSPORTATION EFFICIENCY PROGRAM. Part B of title VIII of the Clean Air Act | (9) of title 49, United States Code.’’. SEC. 114. SMARTWAY TRANSPORTATION EFFICIENCY PROGRAM. Part B of title VIII of the Clean Air Act | |
| (as amended by section 111) is amended by adding at the end the following: ‘‘SEC. 822. SMARTWAY TRANSPORTATION EFFICIENCY PROGRAM. ‘‘ | (as amended by section 111) is amended by adding at the end the following: ‘‘SEC. 822. SMARTWAY TRANSPORTATION EFFICIENCY PROGRAM. ‘‘ | |
| (a) IN GENERAL.—There is established within the Environmental Protection Agency a SmartWay Transportation Efficiency Program to quantify, demonstrate, and promote the benefits of technologies, products, fuels, and operational strategies that reduce petroleum consumption, air pollution, and greenhouse gas emissions from the mobile source sector. ‘‘ | (a) IN GENERAL.—There is established within the Environmental Protection Agency a SmartWay Transportation Efficiency Program to quantify, demonstrate, and promote the benefits of technologies, products, fuels, and operational strategies that reduce petroleum consumption, air pollution, and greenhouse gas emissions from the mobile source sector. ‘‘ | |
| (b) GENERAL DUTIES.—Under the program established under this section, the Administrator shall carry out each of the following: ‘‘ | (b) GENERAL DUTIES.—Under the program established under this section, the Administrator shall carry out each of the following: ‘‘ | |
| (1) Development of measurement protocols to evaluate the energy consumption and greenhouse gas impacts from technologies and strategies in the mobile source sector, including those for passenger transport and goods movement. ‘‘ | (1) Development of measurement protocols to evaluate the energy consumption and greenhouse gas impacts from technologies and strategies in the mobile source sector, including those for passenger transport and goods movement. ‘‘ | |
| (2) Development of qualifying thresholds for certifying, verifying, or designating energy-efficient, low-greenhouse gas SmartWay technologies and strategies for each mode of passenger transportation and goods movement. ‘‘ | (2) Development of qualifying thresholds for certifying, verifying, or designating energy-efficient, low-greenhouse gas SmartWay technologies and strategies for each mode of passenger transportation and goods movement. ‘‘ | |
| (3) Development of partnership and recognition programs to promote best practices and drive demand for energy-efficient, low-greenhouse gas transportation performance. ‘‘ | (3) Development of partnership and recognition programs to promote best practices and drive demand for energy-efficient, low-greenhouse gas transportation performance. ‘‘ | |
| (4) Promotion of the availability of, and encouragement of the adoption of, SmartWay certified or verified technologies and strategies, and publication of the availability of financial incentives, such as assistance from loan programs and other Federal and State incentives. ‘‘ | (4) Promotion of the availability of, and encouragement of the adoption of, SmartWay certified or verified technologies and strategies, and publication of the availability of financial incentives, such as assistance from loan programs and other Federal and State incentives. ‘‘ | |
| (c) SMARTWAY TRANSPORT FREIGHT PARTNERSHIP.—The Administrator shall establish a SmartWay Transport Partnership program with shippers and carriers of goods to promote energy-efficient, low-greenhouse gas transportation. In carrying out such partnership, the Administrator shall undertake each of the following: ‘‘ | (c) SMARTWAY TRANSPORT FREIGHT PARTNERSHIP.—The Administrator shall establish a SmartWay Transport Partnership program with shippers and carriers of goods to promote energy-efficient, low-greenhouse gas transportation. In carrying out such partnership, the Administrator shall undertake each of the following: ‘‘ | |
| (1) Verification of the energy and greenhouse gas performance of participating freight carriers, including those operating rail, trucking, marine, and other goods movement operations. ‘‘ | (1) Verification of the energy and greenhouse gas performance of participating freight carriers, including those operating rail, trucking, marine, and other goods movement operations. ‘‘ | |
| (2) Publication of a comprehensive energy and greenhouse gas performance index of freight modes | (2) Publication of a comprehensive energy and greenhouse gas performance index of freight modes | |
| (including rail, trucking, marine, and other modes of transporting goods) and individual freight companies so that shippers can choose to deliver their goods more efficiently. ‘‘ | (including rail, trucking, marine, and other modes of transporting goods) and individual freight companies so that shippers can choose to deliver their goods more efficiently. ‘‘ | |
| (3) Development of tools for— ‘‘ | (3) Development of tools for— ‘‘ | |
| (A) carriers to calculate their energy and greenhouse gas performance; and ‘‘ | (A) carriers to calculate their energy and greenhouse gas performance; and ‘‘ | |
| (B) shippers to calculate the energy and greenhouse gas impacts of moving their products and to evaluate the relative impacts from transporting their goods by different modes and corporate carriers. ‘‘ | (B) shippers to calculate the energy and greenhouse gas impacts of moving their products and to evaluate the relative impacts from transporting their goods by different modes and corporate carriers. ‘‘ | |
| (4) Provision of recognition opportunities for participating shipper and carrier companies demonstrating advanced practices and achieving superior levels of greenhouse gas performance. ‘‘ | (4) Provision of recognition opportunities for participating shipper and carrier companies demonstrating advanced practices and achieving superior levels of greenhouse gas performance. ‘‘ | |
| (d) IMPROVING FREIGHT GREENHOUSE GAS PERFORMANCE DATABASES.—The Administrator shall, in coordination with the Secretary of Commerce and other appropriate agencies, define and collect data on the physical and operational characteristics of the Nation’s truck population, with special emphasis on data related to energy efficiency and greenhouse gas performance to inform the performance index published under subsection | (d) IMPROVING FREIGHT GREENHOUSE GAS PERFORMANCE DATABASES.—The Administrator shall, in coordination with the Secretary of Commerce and other ap propriate agencies, define and collect data on the physical and operational characteristics of the Nation’s truck population, with special emphasis on data related to energy efficiency and greenhouse gas performance to inform the performance index published under subsection | |
| (c) | (c) | |
| (2) of this section, and other means of goods transport as nec essary, at least every 5 years as part of the economic census required under title 13, United States Code. ‘‘ | (2) of this section, and other means of goods transport as necessary, at least every 5 years as part of the economic census required under title 13, United States Code. ‘‘ | |
| (e) ESTABLISHMENT OF FINANCING PROGRAM.— The Administrator shall establish a SmartWay Financing Program to competitively award funding to eligible entities identified by the Administrator in accordance with the program requirements in subsection | (e) ESTABLISHMENT OF FINANCING PROGRAM.— The Administrator shall establish a SmartWay Financing Program to competitively award funding to eligible entities identified by the Administrator in accordance with the program requirements in subsection | |
| (g). ‘‘ | (g). ‘‘ | |
| (f) PURPOSES.—Under the SmartWay Financing Program, eligible entities shall— ‘‘ | (f) PURPOSES.—Under the SmartWay Financing Program, eligible entities shall— ‘‘ | |
| (1) use funds awarded by the Administrator to provide flexible loan and/or lease terms that increase approval rates or lower the costs of loans and/or leases in accordance with guidance developed by the Administrator; ‘‘ | (1) use funds awarded by the Administrator to provide flexible loan and/or lease terms that increase approval rates or lower the costs of loans and/or leases in accordance with guidance developed by the Administrator; ‘‘ | |
| (2) make such loans and/or leases available to public and private entities for the purpose of adopting low-greenhouse gas technologies or strategies for the mobile source sector that are designated by the Administrator; and ‘‘ | (2) make such loans and/or leases available to public and private entities for the purpose of adopting low-greenhouse gas technologies or strategies for the mobile source sector that are designated by the Administrator; and ‘‘ | |
| (3) use funds provided by the Administrator for electrification of freight transportation systems in major national goods movement corridors, giving priority to electrification of transportation systems in areas that are gateways for high volumes of international and national freight transport and require substantial criteria pollutant emission reductions in order to attain national ambient air quality standards. ‘‘ | (3) use funds provided by the Administrator for electrification of freight transportation systems in major national goods movement corridors, giving priority to electrification of transportation systems in areas that are gateways for high volumes of international and national freight transport and require substantial criteria pollutant emission reductions in order to attain national ambient air quality standards. ‘‘ | |
| (g) PROGRAM REQUIREMENTS.—The Administrator shall determine program design elements and requirements, including— ‘‘ | (g) PROGRAM REQUIREMENTS.—The Administrator shall determine program design elements and requirements, including— ‘‘ | |
| (1) the type of financial mechanism with which to award funding, in the form of grants and/ or contracts; ‘‘ | (1) the type of financial mechanism with which to award funding, in the form of grants and/ or contracts; ‘‘ | |
| (2) the designation of eligible entities to receive funding, such as State, tribal, and local governments, regional organizations comprised of governmental units, nonprofit organizations, or for-profit companies; ‘‘ | (2) the designation of eligible entities to receive funding, such as State, tribal, and local governments, regional organizations comprised of governmental units, nonprofit organizations, or for-profit companies; ‘‘ | |
| (3) criteria for evaluating applications from eligible entities, including anticipated— ‘‘ | (3) criteria for evaluating applications from eligible entities, including anticipated— ‘‘ | |
| (A) cost-effectiveness of loan or lease program on a metric-ton-of-greenhouse gas-savedper-dollar basis; and ‘‘ | (A) cost-effectiveness of loan or lease program on a metric-ton-of-greenhouse gas-savedper-dollar basis; and ‘‘ | |
| (B) ability to promote the loan or lease program and associated technologies and strategies to the target audience; and ‘‘ | (B) ability to promote the loan or lease program and associated technologies and strategies to the target audience; and ‘‘ | |
| (4) reporting requirements for entities that receive awards, including— ‘‘ | (4) reporting requirements for entities that receive awards, including— ‘‘ | |
| (A) actual cost-effectiveness and greenhouse gas savings from the loan or lease program based on a methodology designated by the Administrator; ‘‘ | (A) actual cost-effectiveness and greenhouse gas savings from the loan or lease program based on a methodology designated by the Administrator; ‘‘ | |
| (B) the total number of applications and number of approved applications; and ‘‘ | (B) the total number of applications and number of approved applications; and ‘‘ | |
| (C) terms granted to loan and lease recipients compared to prevailing market practices and/or rates. ‘‘ | (C) terms granted to loan and lease recipients compared to prevailing market practices and/or rates. ‘‘ | |
| (h) AUTHORIZATION OF APPROPRIATIONS.—Such sums as necessary are authorized to be appropriated to the Administrator to carry out this section.’’. Subtitle B—Carbon Capture and Sequestration SEC. 121. NATIONAL STRATEGY. | (h) AUTHORIZATION OF APPROPRIATIONS.—Such sums as necessary are authorized to be appropriated to the Administrator to carry out this section.’’. Subtitle B—Carbon Capture and Sequestration SEC. 121. NATIONAL STRATEGY. | |
| (a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Energy, the Secretary of the Interior, and the heads of such other relevant Federal agencies as the President may designate, shall submit to Congress a report establishing a unified and comprehensive strategy to address the key legal, regulatory, and other barriers to the commercial-scale deployment of carbon capture and storage. | (a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Energy, the Secretary of the Interior, and the heads of such other relevant Federal agencies as the President may designate, shall submit to Congress a report establishing a unified and comprehensive strategy to address the key legal, regulatory, and other barriers to the commercial-scale deployment of carbon capture and storage. | |
| (b) BARRIERS.—The report under this section shall— | (b) BARRIERS.—The report under this section shall— | |
| (1) identify the regulatory, legal, and other gaps and barriers that— | (1) identify the regulatory, legal, and other gaps and barriers that— | |
| (A) could be addressed by a Federal agency using existing statutory authority; | (A) could be addressed by a Federal agency using existing statutory authority; | |
| (B) require Federal legislation, if any; or | (B) require Federal legislation, if any; or | |
| (C) would be best addressed at the State, tribal, or regional level; | (C) would be best addressed at the State, tribal, or regional level; | |
| (2) identify regulatory implementation challenges, including challenges relating to approval of State and tribal programs and delegation of authority for permitting; and | (2) identify regulatory implementation challenges, including challenges relating to approval of State and tribal programs and delegation of authority for permitting; and | |
| (3) recommend rulemakings, Federal legislation, or other actions that should be taken to further evaluate and address those barriers. | (3) recommend rulemakings, Federal legislation, or other actions that should be taken to further evaluate and address those barriers. | |
| (c) FINDING.—Congress finds that it is in the public interest to achieve widespread, commercial-scale deployment of carbon capture and storage in the United States and throughout Asia before January 1, 2030. SEC. 122. REGULATIONS FOR GEOLOGICAL SEQUESTRATION SITES. | (c) FINDING.—Congress finds that it is in the public interest to achieve widespread, commercial-scale deployment of carbon capture and storage in the United States and throughout Asia before January 1, 2030. SEC. 122. REGULATIONS FOR GEOLOGICAL SEQUESTRATION SITES. | |
| (a) COORDINATED CERTIFICATION AND PERMITTING PROCESS.—Part A of title VIII of the Clean Air Act | (a) COORDINATED CERTIFICATION AND PERMITTING PROCESS.—Part A of title VIII of the Clean Air Act | |
| (as amended by section 124 of this division) is amended by adding at the end the following: ‘‘SEC. 813. GEOLOGICAL STORAGE SITES. ‘‘ | (as amended by section 124 of this division) is amended by adding at the end the following: ‘‘SEC. 813. GEOLOGICAL STORAGE SITES. ‘‘ | |
| (a) COORDINATED PROCESS.— ‘‘ | (a) COORDINATED PROCESS.— ‘‘ | |
| (1) IN GENERAL.—The Administrator shall establish a coordinated approach to certifying and permitting geological storage, taking into consideration all relevant statutory authorities. ‘‘ | (1) IN GENERAL.—The Administrator shall establish a coordinated approach to certifying and permitting geological storage, taking into consideration all relevant statutory authorities. ‘‘ | |
| (2) REQUIREMENTS.—In establishing such approach, the Administrator shall— ‘‘ | (2) REQUIREMENTS.—In establishing such approach, the Administrator shall— ‘‘ | |
| (A) take into account, and reduce redundancy with, the requirements of section 1421 of the Safe Drinking Water Act | (A) take into account, and reduce redundancy with, the requirements of section 1421 of the Safe Drinking Water Act | |
| (42 U.S.C. 300h), including the rulemaking for geological storage wells described in the proposed rule entitled ‘Federal Requirements Under the Underground Injection Control | (42 U.S.C. 300h), including the rulemaking for geological storage wells described in the proposed rule entitled ‘Federal Requirements Under the Underground Injection Control | |
| (UIC) Program for Carbon Dioxide | (UIC) Program for Carbon Dioxide | |
| (CO2) Geologic Sequestration | (CO2) Geologic Sequestration | |
| (GS) Wells’ | (GS) Wells’ | |
| (73 Fed. Reg. 43492 | (73 Fed. Reg. 43492 | |
| (July 25, 2008)); and ‘‘ | (July 25, 2008)); and ‘‘ | |
| (B) to the maximum extent practicable, reduce the burden on certified entities and implementing authorities. ‘‘ | (B) to the maximum extent practicable, reduce the burden on certified entities and implementing authorities. ‘‘ | |
| (b) REGULATIONS.—Not later than 2 years after the date of enactment of this title, the Administrator shall promulgate regulations to protect human health and the environment by minimizing the risk of escape to the atmosphere of carbon dioxide injected for purposes of geological storage. ‘‘ | (b) REGULATIONS.—Not later than 2 years after the date of enactment of this title, the Administrator shall promulgate regulations to protect human health and the environment by minimizing the risk of escape to the atmosphere of carbon dioxide injected for purposes of geological storage. ‘‘ | |
| (c) REQUIREMENTS.—The regulations under subsection | (c) REQUIREMENTS.—The regulations under subsection | |
| (b) shall include— ‘‘ | (b) shall include— ‘‘ | |
| (1) a process to obtain certification for geological storage under this section; and ‘‘ | (1) a process to obtain certification for geological storage under this section; and ‘‘ | |
| (2) requirements for— ‘‘ | (2) requirements for— ‘‘ | |
| (A) monitoring, recordkeeping, and reporting for emissions associated with injection into, and escape from, geological storage sites, taking into account any requirements or protocols developed under section 713; ‘‘ | (A) monitoring, recordkeeping, and reporting for emissions associated with injection into, and escape from, geological storage sites, taking into account any requirements or protocols developed under section 713; ‘‘ | |
| (B) public participation in the certification process that maximizes transparency; ‘‘ | (B) public participation in the certification process that maximizes transparency; ‘‘ | |
| (C) the sharing of data among States, Indian tribes, and the Environmental Protection Agency; and ‘‘ | (C) the sharing of data among States, Indian tribes, and the Environmental Protection Agency; and ‘‘ | |
| (D) other elements or safeguards necessary to achieve the purpose described in subsection | (D) other elements or safeguards necessary to achieve the purpose described in subsection | |
| (b). ‘‘ | (b). ‘‘ | |
| (d) REPORT.— ‘‘ | (d) REPORT.— ‘‘ | |
| (1) IN GENERAL.—Not later than 2 years after the date of promulgation of regulations pursu ant to subsection | (1) IN GENERAL.—Not later than 2 years after the date of promulgation of regulations pursuant to subsection | |
| (b), and not less frequently than once every 3 years thereafter, the Administrator shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing geological storage in the United States, and, to the extent relevant, other countries in North America. ‘‘ | (b), and not less frequently than once every 3 years thereafter, the Administrator shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing geological storage in the United States, and, to the extent relevant, other countries in North America. ‘‘ | |
| (2) INCLUSIONS.—Each report under paragraph | (2) INCLUSIONS.—Each report under paragraph | |
| (1) shall include— ‘‘ | (1) shall include— ‘‘ | |
| (A) data regarding injection, emissions to the atmosphere, if any, and performance of active and closed geological storage sites, including those at which enhanced hydrocarbon recovery operations occur; ‘‘ | (A) data regarding injection, emissions to the atmosphere, if any, and performance of active and closed geological storage sites, including those at which enhanced hydrocarbon recovery operations occur; ‘‘ | |
| (B) an evaluation of the performance of relevant Federal environmental regulations and programs in ensuring environmentally protective geological storage practices; ‘‘ | (B) an evaluation of the performance of relevant Federal environmental regulations and programs in ensuring environmentally protective geological storage practices; ‘‘ | |
| (C) recommendations on how those programs and regulations should be improved or made more effective; and ‘‘ | (C) recommendations on how those programs and regulations should be improved or made more effective; and ‘‘ | |
| (D) other relevant information.’’. | (D) other relevant information.’’. | |
| (b) SAFE DRINKING WATER ACT STANDARDS.—Section 1421 of the Safe Drinking Water Act | (b) SAFE DRINKING WATER ACT STANDARDS.—Section 1421 of the Safe Drinking Water Act | |
| (42 U.S.C. 00h) is amended by adding at the end the following: ‘‘ | (42 U.S.C. 00h) is amended by adding at the end the following: ‘‘ | |
| (e) CARBON DIOXIDE GEOLOGICAL STORAGE WELLS.— ‘‘ | (e) CARBON DIOXIDE GEOLOGICAL STORAGE WELLS.— ‘‘ | |
| (1) IN GENERAL.—Not later than 1 year after the date of enactment of this subsection, the Administrator shall promulgate regulations under subsection | (1) IN GENERAL.—Not later than 1 year after the date of enactment of this subsection, the Administrator shall promulgate regulations under subsection | |
| (a) for carbon dioxide geological storage wells. ‘‘ | (a) for carbon dioxide geological storage wells. ‘‘ | |
| (2) FINANCIAL RESPONSIBILITY.— ‘‘ | (2) FINANCIAL RESPONSIBILITY.— ‘‘ | |
| (A) IN GENERAL.—The regulations under paragraph | (A) IN GENERAL.—The regulations under paragraph | |
| (1) shall include requirements for maintaining evidence of financial responsibility, including financial responsibility for emergency and remedial response, well plugging, site closure, and post-injection site care. ‘‘ | (1) shall include requirements for maintaining evidence of financial responsibility, including financial responsibility for emergency and remedial response, well plugging, site closure, and post-injection site care. ‘‘ | |
| (B) REGULATIONS.—Financial responsibility may be established for carbon dioxide geological wells in accordance with regulations promulgated by the Administrator by any 1, or any combination, of the following: ‘‘ | (B) REGULATIONS.—Financial responsibility may be established for carbon dioxide geological wells in accordance with regulations pro mulgated by the Administrator by any 1, or any combination, of the following: ‘‘ | |
| (i) Insurance. ‘‘ | (i) Insurance. ‘‘ | |
| (ii) Guarantee. ‘‘ | (ii) Guarantee. ‘‘ | |
| (iii) Trust. ‘‘ | (iii) Trust. ‘‘ | |
| (iv) Standby trust. ‘‘ | (iv) Standby trust. ‘‘ | |
| (v) Surety bond. ‘‘ | (v) Surety bond. ‘‘ | |
| (vi) Letter of credit. ‘‘ | (vi) Letter of credit. ‘‘ | |
| (vii) Qualification as a self-insurer. ‘‘ | (vii) Qualification as a self-insurer. ‘‘ | |
| (viii) Any other method satisfactory to the Administrator.’’. SEC. 123. STUDIES AND REPORTS. | (viii) Any other method satisfactory to the Administrator.’’. SEC. 123. STUDIES AND REPORTS. | |
| (a) STUDY OF LEGAL FRAMEWORK FOR GEOLOGICAL STORAGE SITES.— | (a) STUDY OF LEGAL FRAMEWORK FOR GEOLOGICAL STORAGE SITES.— | |
| (1) ESTABLISHMENT OF TASK FORCE.— | (1) ESTABLISHMENT OF TASK FORCE.— | |
| (A) IN GENERAL.—As soon as practicable, but not later than 180 days after the date of enactment of this Act, the Administrator shall establish a task force, to be composed of an equal number of— | (A) IN GENERAL.—As soon as practicable, but not later than 180 days after the date of enactment of this Act, the Administrator shall establish a task force, to be composed of an equal number of— | |
| (i) subject matter experts; | (i) subject matter experts; | |
| (ii) nongovernmental organizations with expertise regarding environmental policy; | (ii) nongovernmental organizations with expertise regarding environmental policy; | |
| (iii) academic experts with expertise in environmental law; | (iii) academic experts with expertise in environmental law; | |
| (iv) State and tribal officials with environmental expertise; | (iv) State and tribal officials with environmental expertise; | |
| (v) representatives of State and tribal attorneys general; | (v) representatives of State and tribal attorneys general; | |
| (vi) representatives of the Environmental Protection Agency, the Department of the Interior, the Department of Energy, the Department of Transportation, and other relevant Federal agencies; and | (vi) representatives of the Environmental Protection Agency, the Department of the Interior, the Department of Energy, the Department of Transportation, and other relevant Federal agencies; and | |
| (vii) members of the private sector. | (vii) members of the private sector. | |
| (B) STUDY.—The task force established under subparagraph | (B) STUDY.—The task force established under subparagraph | |
| (A) shall conduct a study of— | (A) shall conduct a study of— | |
| (i) existing Federal environmental statutes, State environmental statutes, and State common law that apply to geological storage sites for carbon dioxide, including the ability of those laws to serve as risk management tools; | (i) existing Federal environmental statutes, State environmental statutes, and State common law that apply to geological storage sites for carbon dioxide, including the ability of those laws to serve as risk management tools; | |
| (ii) the existing statutory framework, including Federal and State laws, that apply to harm and damage to the environment or public health at closed sites at which carbon dioxide injection has been used for enhanced hydrocarbon recovery; | (ii) the existing statutory framework, including Federal and State laws, that apply to harm and damage to the environment or public health at closed sites at which carbon dioxide injection has been used for enhanced hydrocarbon recovery; | |
| (iii) the statutory framework, environmental health and safety considerations, implementation issues, and financial implications of potential models for Federal, State, or private sector assumption of liabilities and financial responsibilities with respect to closed geological storage sites; | (iii) the statutory framework, environmental health and safety considerations, implementation issues, and financial implications of potential models for Federal, State, or private sector assumption of liabilities and financial responsibilities with respect to closed geological storage sites; | |
| (iv) private sector mechanisms, including insurance and bonding, that may be available to manage environmental, health, and safety risks from closed geological storage sites; and | (iv) private sector mechanisms, including insurance and bonding, that may be available to manage environmental, health, and safety risks from closed geological storage sites; and | |
| (v) the subsurface mineral rights, water rights, and property rights issues associated with geological storage of carbon dioxide, including issues specific to Federal land. | (v) the subsurface mineral rights, water rights, and property rights issues associated with geological storage of carbon dioxide, including issues specific to Federal land. | |
| (2) REPORT.—Not later than 18 months after the date of enactment of this Act, the task force established under paragraph | (2) REPORT.—Not later than 18 months after the date of enactment of this Act, the task force established under paragraph | |
| (1) | (1) | |
| (A) shall submit to Congress a report describing the results of the study conducted under that paragraph, including any consensus recommendations of the task force. | (A) shall submit to Congress a report describing the results of the study conducted under that paragraph, including any consensus recommendations of the task force. | |
| (b) ENVIRONMENTAL STATUTES.— | (b) ENVIRONMENTAL STATUTES.— | |
| (1) STUDY.—The Administrator shall conduct a study of the means by which, and under what circumstances, the environmental statutes for which the Environmental Protection Agency has responsi bility would apply to carbon dioxide injection and geological storage activities. | (1) STUDY.—The Administrator shall conduct a study of the means by which, and under what circumstances, the environmental statutes for which the Environmental Protection Agency has responsibility would apply to carbon dioxide injection and geological storage activities. | |
| (2) REPORT.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the results of the study conducted under paragraph | (2) REPORT.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the results of the study conducted under paragraph | |
| (1). SEC. 124. PERFORMANCE STANDARDS FOR COAL-FUELED POWER PLANTS. | <> | (1). SEC. 124. PERFORMANCE STANDARDS FOR NEW COALFUELED POWER PLANTS. |
| (a) IN GENERAL.—Part A of title VIII of the Clean Air Act | = | (a) IN GENERAL.—Part A of title VIII of the Clean Air Act |
| (as added by section 121 of division B) is amended by adding at the end the following: ‘‘SEC. 812. PERFORMANCE STANDARDS FOR NEW COALFIRED POWER PLANTS. ‘‘ | (as added by section 121 of division B) is amended by adding at the end the following: ‘‘SEC. 812. PERFORMANCE STANDARDS FOR NEW COALFIRED POWER PLANTS. ‘‘ | |
| (a) DEFINITIONS.—For purposes of this section: ‘‘ | <> | (a) DEFINITIONS.—In this section: ‘‘ |
| (1) COVERED EGU.—The term ‘covered EGU’ means a utility unit that is required to have a permit under section 503 | (1) COVERED EGU.—The term ‘covered EGU’ means a utility unit that is— ‘‘ | |
| (A) required to have a permit under section 503 | ||
| (a); and ‘‘ | ||
| (a) and is authorized under State or Federal law to derive at least 30 percent of its annual heat input from coal, petroleum coke, or any combination of these fuels. ‘‘ | (B) authorized under State or Federal law to derive at least 30 percent of the annual heat input of the unit from— ‘‘ | |
| (i) coal; ‘‘ | ||
| (ii) petroleum coke; or ‘‘ | ||
| (iii) any combination of those fuels. ‘‘ | ||
| (2) INITIALLY PERMITTED.— ‘‘ | ||
| (A) IN GENERAL.—The term ‘initially permitted’, with respect to a covered EGU, means that— ‘‘ | ||
| (2) INITIALLY PERMITTED.—The term ‘initially permitted’ means that the owner or operator has received a preconstruction approval or permit under this Act, for the covered EGU as a new | (i) the owner or operator of the covered EGU has received a preconstruction approval or permit under this Act as a new | |
| (not modified) source; but ‘‘ | ||
| (ii) administrative review or appeal of the approval or permit has not been exhausted. ‘‘ | ||
| (B) CALCULATION.—A subsequent modification of any approval or permit described in subparagraph | ||
| (not a modified) source, but administrative review or ap peal of such approval or permit has not been exhausted. A subsequent modification of any such approval or permits, ongoing administrative or court review, appeals, or challenges, or the existence or tolling of any time to pursue further review, appeals, or challenges shall not affect the date on which a covered EGU is considered to be initially permitted under this paragraph. ‘‘ | (A), ongoing administrative or court review, appeals, challenges, or the existence or tolling of any time to pursue additional review, appeals, or challenges shall not affect the date on which a covered EGU is considered to be initially permitted for purposes of this paragraph. ‘‘ | |
| (b) STANDARDS.— | (b) STANDARDS.— ‘‘ | |
| (1) IN GENERAL.—A covered EGU that is initially permitted on or after January 1, 2020, shall— ‘‘ | ||
| (1) A covered EGU that is initially permitted on or after January 1, 2020, shall achieve an emission limit that is a 65 percent reduction in emissions of the carbon dioxide produced by the unit, as measured on an annual basis, or meet such more stringent standard as the Administrator may establish pursuant to subsection | (A) achieve an emission limitation that represents a 65-percent reduction in emissions of the carbon dioxide produced by the covered EGU, as measured on an annual basis; or ‘‘ | |
| (B) meet such more-stringent standard as the Administrator may establish pursuant to subsection | ||
| (c). ‘‘ | = | (c). ‘‘ |
| <> | (2) CERTAIN COVERED EGUS.— ‘‘ | |
| (2) A covered EGU that is initially permitted after January 1, 2009, and before January 1, 2020, shall, by the applicable compliance date established under this paragraph, achieve an emission limit that is a 50 percent reduction in emissions of the carbon dioxide produced by the unit, as measured on an annual basis. Compliance with the requirement set forth in this paragraph shall be required by the earliest of the following: ‘‘ | (A) IN GENERAL.—A covered EGU that is initially permitted during the period beginning on January 1, 2009, and ending on December 31, 2019, shall achieve, by the applicable compliance date established under this paragraph, an emission limitation that represents a 50-percent reduction in emissions of the carbon dioxide produced by the covered EGU, as measured on an annual basis. ‘‘ | |
| (B) DATE OF REQUIREMENT.—Compliance with the requirement described in subparagraph | ||
| (A) shall be required by the earlier of— ‘‘ | ||
| (A) Four years after the date the Administrator has published pursuant to subsection | (i) the date that is 4 years after the date on which the Administrator has published pursuant to subsection | |
| (d) a re port that there are in commercial operation in the United States electric generating units or other stationary sources equipped with carbon capture and sequestration technology that, in the aggregate— ‘‘ | (d) a report that there are in commercial operation in the United States electric generating units or other stationary sources equipped with carbon capture and permanent sequestration technology that, in the aggregate— ‘‘ | |
| (i) have a total of at least 4 gigawatts of nameplate generating capacity of which— ‘‘ | (I) have a total of at least gigawatts of capacity | |
| (including at least 3 gigawatts which shall be through electric generating units, and up to 1 gigawatt which may be through industrial applications | ||
| (for which capture and permanent sequestration of 3,000,000 tons of carbon dioxide per year on an aggregate annualized basis shall be considered equivalent to 1 gigawatt)), measured as the sum of— ‘‘ | ||
| (aa) the treated generating capacity | ||
| (as defined in section 780 | ||
| (a)) for electric generating unit retrofits and industrial sources; and ‘‘ | ||
| (I) at least 3 gigawatts must be electric generating units; and ‘‘ | (bb) the nameplate capacity for new electric generating units; ‘‘ | |
| (II) up to 1 gigawatt may be industrial applications, for which capture and sequestration of 3,000,000 tons of carbon dioxide per year on an aggregate annualized basis shall be considered equivalent to 1 gigawatt; ‘‘ | (II) include at least 3 electric generating units, each with a nameplate generating capacity of 2megawatts or greater, that capture, inject, and sequester carbon dioxide into geological formations other than oil and gas fields; and ‘‘ | |
| (III) are capturing and sequestering at least 12,000,000 tons of carbon dioxide per year, calculated on an aggregate annualized basis; or ‘‘ | ||
| (ii) January 1, 2020. ‘‘ | ||
| (3) PROGRESS REVIEW.— ‘‘ | ||
| (ii) include at least 2 electric generating units, each with a nameplate generating capacity of 250 megawatts or greater, that capture, inject, and sequester carbon dioxide into geologic formations other than oil and gas fields; and ‘‘ | (A) IN GENERAL.—Not later than June 30, 2017, the Administrator and the Secretary of Energy shall jointly prepare and submit to Congress a review of the status of commercial deployment of carbon capture and permanent sequestration technology that specifies— ‘‘ | |
| (iii) are capturing and sequestering in the aggregate at least 12,000,000 tons of carbon dioxide per year, calculated on an aggregate annualized basis. ‘‘ | (i) the number of and size of units in the United States that are capturing and permanently sequestering carbon dioxide; ‘‘ | |
| (ii) the tons of carbon dioxide being captured and permanently sequestered by those units; and ‘‘ | ||
| (iii) the geographical and technological diversity represented by those units and that technology. ‘‘ | ||
| (B) FINDING.—To accompany the report under subparagraph | ||
| (A), the Administrator and the Secretary of Energy shall make a finding that, in light of the status of commercial deployment of carbon capture and permanent sequestration technology, the date set forth in paragraph | ||
| (2) | ||
| (B) | ||
| (ii) should— ‘‘ | ||
| (i) remain in effect; or ‘‘ | ||
| (ii) in accordance with subparagraph | ||
| (B) January 1, 2025. ‘‘ | (C), be extended to January 1, 2022. ‘‘ | |
| (C) CONDITIONS FOR EXTENSION.—The date set forth in paragraph | ||
| (2) | ||
| (B) | ||
| (ii) shall be extended to January 1, 2022, only if— ‘‘ | ||
| (i) the Administrator and the Secretary jointly find, pursuant to subparagraph | ||
| (B), that the extension should occur; and ‘‘ | ||
| (ii) Congress acts to approve the finding by not later than January 1, 2018. ‘‘ | ||
| (4) UNIT-SPECIFIC EXTENSION.— ‘‘ | ||
| (3) If the deadline for compliance with paragraph | (A) IN GENERAL.—If the deadline for compliance with paragraph | |
| (2) is the date specified in paragraph | ||
| (2) | ||
| (2) is January 1, 2025, the Administrator may extend the deadline for compliance by a covered EGU by up to months if the Administrator makes a determination, based on a showing by the owner or operator of the unit, that it will be technically infeasible for the unit to meet the standard by the deadline. The owner or operator must submit a request for such an extension by no later than January 1, 2022, and the Administrator shall provide for public notice and comment on the extension request. ‘‘ | (B), the Administrator may extend the deadline for compliance by a covered EGU by not more than 18 months if the Administrator makes a determination, based on a showing by the owner or operator of the covered EGU, that it will be technically infeasible for the covered EGU to meet the standard by that date. ‘‘ | |
| (B) REQUEST.—An owner or operator of a covered EGU shall submit to the Administrator a request for an extension under subparagraph | ||
| (A) by not later than June 1, 2018. ‘‘ | ||
| (C) PUBLIC COMMENT.—The Administrator shall provide for public notice and comment on each extension request submitted under subparagraph | ||
| (B). ‘‘ | ||
| (c) REVIEW AND REVISION OF STANDARDS.—Not later than the date specified in subsection | ||
| (b) | ||
| (2) | ||
| (B), and not less frequently than once every 5 years thereafter, the Administrator shall— ‘‘ | ||
| (1) review the standards for new covered EGUs under this section; and ‘‘ | ||
| (c) REVIEW AND REVISION OF STANDARDS.—Not later than 2025 and at 5-year intervals thereafter, the Administrator shall review the standards for new covered EGUs under this section and shall, by rule, reduce the maximum carbon dioxide emission rate for new covered EGUs to a rate which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which | (2) by rule, reduce the maximum carbon dioxide emission rate for new covered EGUs to a rate that reflects the degree of emission limitation achievable through the application of the best system of emission reduction that | |
| (taking into account the cost of achieving such reduction and any nonair quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. ‘‘ | (taking into account the cost of achieving the reduction and any nonair quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. ‘‘ | |
| (d) REPORTS.—Not later than 18 months after the date of enactment of this title and semiannually thereafter, the Administrator shall publish a report on the nameplate capacity of units | (d) REPORTS.—Not later than the date that is months after the date of enactment of this title, and semiannually thereafter, the Administrator shall publish a report on the nameplate capacity of units | |
| (determined pursuant to subsection | = | (determined pursuant to subsection |
| (b) | (b) | |
| (2) | (2) | |
| (A)) in commercial operation in the United States equipped with carbon capture and sequestration technology, including the information described in subsection | <> | (A)) in commercial operation in the United States equipped with carbon capture and storage technology, including the information described in subsection |
| (b) | = | (b) |
| (2) | (2) | |
| (A) | (A) | |
| (including the cumulative generating capacity to which carbon capture and sequestration retrofit projects meeting the criteria described in section 75 | <> | (including the cumulative generating capacity to which carbon capture and storage retrofit projects meeting the criteria described in section 780 |
| (b) | (c) | |
| (1) | = | (1) |
| (A) | <> | |
| (ii) and | ||
| (b) | ||
| (1) | ||
| (A) | ||
| (iv) | ||
| (II) has been applied and the quantities of carbon dioxide captured and sequestered by such projects). ‘‘ | (A) has been applied and the quantities of carbon dioxide captured and sequestered by those projects). ‘‘ | |
| (e) REGULATIONS.—Not later than 2 years after the date of enactment of this title, the Administrator shall promulgate regulations to carry out the requirements of this section.’’. SEC. 125. CARBON CAPTURE AND SEQUESTRATION DEMONSTRATION AND EARLY DEPLOYMENT PROGRAM. | = | (e) REGULATIONS.—Not later than 2 years after the date of enactment of this title, the Administrator shall promulgate regulations to carry out the requirements of this section.’’. SEC. 125. CARBON CAPTURE AND SEQUESTRATION DEMONSTRATION AND EARLY DEPLOYMENT PROGRAM. |
| (a) DEFINITIONS.—For purposes of this section: | (a) DEFINITIONS.—For purposes of this section: | |
| (1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Energy. | (1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Energy. | |
| (2) DISTRIBUTION UTILITY.—The term ‘‘distribution utility’’ means an entity that distributes electricity directly to retail consumers under a legal, regulatory, or contractual obligation to do so. | (2) DISTRIBUTION UTILITY.—The term ‘‘distribution utility’’ means an entity that distributes electricity directly to retail consumers under a legal, regulatory, or contractual obligation to do so. | |
| (3) ELECTRIC UTILITY.—The term ‘‘electric utility’’ has the meaning provided by section 3 of the Federal Power Act | (3) ELECTRIC UTILITY.—The term ‘‘electric utility’’ has the meaning provided by section 3 of the Federal Power Act | |
| (16 U.S.C. 796). | (16 U.S.C. 796). | |
| (4) FOSSIL FUEL-BASED ELECTRICITY.—The term ‘‘fossil fuel-based electricity’’ means electricity that is produced from the combustion of fossil fuels. | (4) FOSSIL FUEL-BASED ELECTRICITY.—The term ‘‘fossil fuel-based electricity’’ means electricity that is produced from the combustion of fossil fuels. | |
| (5) FOSSIL FUEL.—The term ‘‘fossil fuel’’ means coal, petroleum, natural gas or any derivative of coal, petroleum, or natural gas. | (5) FOSSIL FUEL.—The term ‘‘fossil fuel’’ means coal, petroleum, natural gas or any derivative of coal, petroleum, or natural gas. | |
| (6) CORPORATION.—The term ‘‘Corporation’’ means the Carbon Storage Research Corporation established in accordance with this section. | (6) CORPORATION.—The term ‘‘Corporation’’ means the Carbon Storage Research Corporation established in accordance with this section. | |
| (7) QUALIFIED INDUSTRY ORGANIZATION.—The term ‘‘qualified industry organization’’ means the Edison Electric Institute, the American Public Power Association, the National Rural Electric Cooperative Association, a successor organization of such organizations, or a group of owners or operators of distribution utilities delivering fossil fuelbased electricity who collectively represent at least 20 percent of the volume of fossil fuel-based electricity delivered by distribution utilities to consumers in the United States. | <> | (7) QUALIFIED INDUSTRY ORGANIZATION.—The term ‘‘qualified industry organization’’ means the Edison Electric Institute, the American Public Power Association, the National Rural Electric Co operative Association, a successor organization of such organizations, or a group of owners or operators of distribution utilities delivering fossil fuelbased electricity who collectively represent at least 0 percent of the volume of fossil fuel-based electricity delivered by distribution utilities to consumers in the United States. |
| (8) RETAIL CONSUMER.—The term ‘‘retail consumer’’ means an end-user of electricity. | = | (8) RETAIL CONSUMER.—The term ‘‘retail consumer’’ means an end-user of electricity. |
| (b) CARBON STORAGE RESEARCH CORPORATION.— | (b) CARBON STORAGE RESEARCH CORPORATION.— | |
| (1) ESTABLISHMENT.— | (1) ESTABLISHMENT.— | |
| (A) REFERENDUM.—Qualified industry organizations may conduct, at their own expense, a referendum among the owners or operators of distribution utilities delivering fossil fuel-based electricity for the creation of a Carbon Storage Research Corporation. Such referendum shall be conducted by an independent auditing firm agreed to by the qualified industry organizations. Voting rights in such referendum shall be based on the quantity of fossil fuel-based electricity delivered to consumers in the previous calendar year or other representative period as determined by the Secretary pursuant to subsection | (A) REFERENDUM.—Qualified industry organizations may conduct, at their own expense, a referendum among the owners or operators of distribution utilities delivering fossil fuel-based electricity for the creation of a Carbon Storage Research Corporation. Such referendum shall be conducted by an independent auditing firm agreed to by the qualified industry organizations. Voting rights in such referendum shall be based on the quantity of fossil fuel-based electricity delivered to consumers in the previous calendar year or other representative period as determined by the Secretary pursuant to subsection | |
| (f). Upon approval of those persons representing two-thirds of the total quantity of fossil fuel-based electricity delivered to retail consumers, the Corporation shall be established unless opposed by the State regulatory authorities pursuant to subparagraph | (f). Upon approval of those persons rep resenting two-thirds of the total quantity of fossil fuel-based electricity delivered to retail consumers, the Corporation shall be established unless opposed by the State regulatory authorities pursuant to subparagraph | |
| (B). All distribution utilities voting in the referendum shall certify to the independent auditing firm the quantity of fossil fuel-based electricity represented by their vote. | (B). All distribution utilities voting in the referendum shall certify to the independent auditing firm the quantity of fossil fuel-based electricity represented by their vote. | |
| (B) STATE REGULATORY AUTHORITIES.— Upon its own motion or the petition of a qualified industry organization, each State regulatory authority shall consider its support or opposition to the creation of the Corporation under subparagraph | (B) STATE REGULATORY AUTHORITIES.— Upon its own motion or the petition of a qualified industry organization, each State regulatory authority shall consider its support or opposition to the creation of the Corporation under subparagraph | |
| (A). State regulatory authorities may notify the independent auditing firm referred to in subparagraph | (A). State regulatory authorities may notify the independent auditing firm referred to in subparagraph | |
| (A) of their views on the creation of the Corporation within 180 days after the date of enactment of this Act. If 40 percent or more of the State regulatory authorities submit to the independent auditing firm written notices of opposition, the Corporation shall not be established notwithstanding the approval of the qualified industry organizations as provided in subparagraph | (A) of their views on the creation of the Corporation within 180 days after the date of enactment of this Act. If 40 percent or more of the State regulatory authorities submit to the independent auditing firm written notices of opposition, the Corporation shall not be established notwithstanding the approval of the qualified industry organizations as provided in subparagraph | |
| (A). | (A). | |
| (2) TERMINATION.—The Corporation shall be authorized to collect assessments and conduct operations pursuant to this section for a 10-year period from the date 6 months after the date of enactment of this Act. After such 10-year period, the Corporation is no longer authorized to collect assessments and shall be dissolved on the date 15 years after such date of enactment, unless the period is extended by an Act of Congress. | (2) TERMINATION.—The Corporation shall be authorized to collect assessments and conduct operations pursuant to this section for a 10-year period from the date 6 months after the date of enactment of this Act. After such 10-year period, the Corporation is no longer authorized to collect assessments and shall be dissolved on the date 15 years after such date of enactment, unless the period is extended by an Act of Congress. | |
| (3) GOVERNANCE.—The Corporation shall operate as a division or affiliate of the Electric Power Research Institute | (3) GOVERNANCE.—The Corporation shall operate as a division or affiliate of the Electric Power Research Institute | |
| (referred to in this section as ‘‘EPRI’’) and be managed by a Board of not more than 15 voting members responsible for its operations, including compliance with this section. EPRI, in consultation with the Edison Electric Institute, the American Public Power Association and the National Rural Electric Cooperative Association shall appoint the Board members under clauses | (referred to in this section as ‘‘EPRI’’) and be managed by a Board of not more than 15 voting members responsible for its operations, including compliance with this section. EPRI, in consultation with the Edison Electric Institute, the American Public Power Association and the National Rural Electric Cooperative Association shall appoint the Board members under clauses | |
| (i), | (i), | |
| (ii), and | (ii), and | |
| (iii) of subparagraph | (iii) of subparagraph | |
| (A) from among candidates recommended by those organizations. At least a majority of the Board members appointed by EPRI shall be representatives of distribution utilities subject to assessments under subsection | (A) from among candidates recommended by those organizations. At least a majority of the Board members appointed by EPRI shall be representatives of distribution utilities subject to assessments under subsection | |
| (d). | (d). | |
| (A) MEMBERS.—The Board shall include at least 1 representative of each of the following: | (A) MEMBERS.—The Board shall include at least 1 representative of each of the following: | |
| (i) Investor-owned utilities. | (i) Investor-owned utilities. | |
| (ii) Utilities owned by a State agency, a municipality, and an Indian tribe. | (ii) Utilities owned by a State agency, a municipality, and an Indian tribe. | |
| (iii) Rural electric cooperatives. | (iii) Rural electric cooperatives. | |
| (iv) Fossil fuel producers. | (iv) Fossil fuel producers. | |
| (v) Nonprofit environmental organizations. | (v) Nonprofit environmental organizations. | |
| (vi) Independent generators or wholesale power providers. | (vi) Independent generators or wholesale power providers. | |
| (vii) Consumer groups. | (vii) Consumer groups. | |
| (viii) The National Energy Technology laboratory of the Department of Energy. | (viii) The National Energy Technology laboratory of the Department of Energy. | |
| (ix) The Environmental Protection Agency. | (ix) The Environmental Protection Agency. | |
| (B) NONVOTING MEMBERS.—The Board shall also include as additional nonvoting Members the Secretary of Energy or his designee and 2 representatives of State regulatory authorities as defined in section 3 of the Public Utility Regulatory Policies Act of 1978 | (B) NONVOTING MEMBERS.—The Board shall also include as additional nonvoting Members the Secretary of Energy or his designee and 2 representatives of State regulatory authorities as defined in section 3 of the Public Utility Regulatory Policies Act of 1978 | |
| (U.S.C. 2602), each designated by the National Association of State Regulatory Utility Commissioners from States that are not within the same transmission interconnection. | (U.S.C. 2602), each designated by the National Association of State Regulatory Utility Commissioners from States that are not within the same transmission interconnection. | |
| (4) COMPENSATION.—Corporation Board members shall receive no compensation for their services, nor shall Corporation Board members be reimbursed for expenses relating to their service. | (4) COMPENSATION.—Corporation Board members shall receive no compensation for their services, nor shall Corporation Board members be reimbursed for expenses relating to their service. | |
| (5) TERMS.—Corporation Board members shall serve terms of 4 years and may serve not more than 2 full consecutive terms. Members filling unexpired terms may serve not more than a total of 8 consecutive years. Former members of the Corporation Board may be reappointed to the Corporation Board if they have not been members for a period of years. Initial appointments to the Corporation Board shall be for terms of 1, 2, 3, and 4 years, staggered to provide for the selection of 3 members each year. | (5) TERMS.—Corporation Board members shall serve terms of 4 years and may serve not more than 2 full consecutive terms. Members filling unexpired terms may serve not more than a total of 8 consecutive years. Former members of the Corporation Board may be reappointed to the Corporation Board if they have not been members for a period of years. Initial appointments to the Corporation Board shall be for terms of 1, 2, 3, and 4 years, staggered to provide for the selection of 3 members each year. | |
| (6) STATUS OF CORPORATION.—The Corporation shall not be considered to be an agency, department, or instrumentality of the United States, and no officer or director or employee of the Corporation shall be considered to be an officer or employee of the United States Government, for purposes of title 5 or title 31 of the United States Code, or for any other purpose, and no funds of the Corporation shall be treated as public money for purposes of chapter 33 of title 31, United States Code, or for any other purpose. | <> | (6) STATUS OF CORPORATION.—The Corporation shall not be considered to be an agency, department, or instrumentality of the United States, and no officer or director or employee of the Corporation shall be considered to be an officer or employee of the United States Government, for purposes of title 5 or title 31 of the United States Code, or for any other purpose, and no funds of the Corporation shall be treated as public money for purposes of chapter 3 of title 31, United States Code, or for any other purpose. |
| (c) FUNCTIONS AND ADMINISTRATION OF THE CORPORATION.— | = | (c) FUNCTIONS AND ADMINISTRATION OF THE CORPORATION.— |
| (1) IN GENERAL.—The Corporation shall establish and administer a program to accelerate the commercial availability of carbon dioxide capture and storage technologies and methods, including technologies which capture and store, or capture and convert, carbon dioxide. Under such program competitively awarded grants, contracts, and financial assistance shall be provided and entered into with eligible entities. Except as provided in paragraph | (1) IN GENERAL.—The Corporation shall establish and administer a program to accelerate the commercial availability of carbon dioxide capture and storage technologies and methods, including technologies which capture and store, or capture and convert, carbon dioxide. Under such program competitively awarded grants, contracts, and financial assistance shall be provided and entered into with eligible entities. Except as provided in paragraph | |
| (8), the Corporation shall use all funds derived from assessments under subsection | (8), the Corporation shall use all funds derived from assessments under subsection | |
| (d) to issue grants and contracts to eligible entities. | (d) to issue grants and contracts to eligible entities. | |
| (2) PURPOSE.—The purposes of the grants, contracts, and assistance under this subsection shall be to support commercial-scale demonstrations of carbon capture or storage technology projects capable of advancing the technologies to commercial readiness. Such projects should encompass a range of different coal and other fossil fuel varieties, be geographically diverse, involve diverse storage media, and employ capture or storage, or capture and conversion, technologies potentially suitable either for new or for retrofit applications. The Corporation shall seek, to the extent feasible, to support at least 5 commercial-scale demonstration projects integrating carbon capture and sequestration or conversion technologies. | <> | (2) PURPOSE.—The purposes of the grants, contracts, and assistance under this subsection shall be to support commercial-scale demonstrations of carbon capture or storage technology projects capable of advancing the technologies to commercial readiness. Such projects should encompass a range of different coal and other fossil fuel varieties, be geographically diverse, involve diverse storage media, and employ capture or storage, or capture and conversion, technologies potentially suitable either for new or for retrofit applications. The Corporation shall seek, to the extent feasible, to support at least commercial-scale demonstration projects integrating carbon capture and sequestration or conversion technologies. |
| (3) ELIGIBLE ENTITIES.—Entities eligible for grants, contracts or assistance under this subsection may include distribution utilities, electric utilities and other private entities, academic institutions, national laboratories, Federal research agencies, State and tribal research agencies, nonprofit organizations, or consortiums of 2 or more entities. Pilot-scale and similar small-scale projects are not eligible for support by the Corporation. Owners or developers of projects supported by the Corporation shall, where appropriate, share in the costs of such projects. Projects supported by the Corporation shall meet the eligibility criteria of section 780 | = | (3) ELIGIBLE ENTITIES.—Entities eligible for grants, contracts or assistance under this subsection may include distribution utilities, electric utilities and other private entities, academic institutions, national laboratories, Federal research agencies, State and tribal research agencies, nonprofit organizations, or consortiums of 2 or more entities. Pilot-scale and similar small-scale projects are not eligible for support by the Corporation. Owners or developers of projects supported by the Corporation shall, where appropriate, share in the costs of such projects. Projects supported by the Corporation shall meet the eligibility criteria of section 780 |
| (b) of the Clean Air Act. | (b) of the Clean Air Act. | |
| (4) GRANTS FOR EARLY MOVERS.—Fifty percent of the funds raised under this section shall be provided in the form of grants to electric utilities that had, prior to the award of any grant under this section, committed resources to deploy a large scale electricity generation unit with integrated carbon capture and sequestration or conversion applied to a substantial portion of the unit’s carbon dioxide emissions. Grant funds shall be provided to defray costs incurred by such electricity utilities for at least such electricity generation units. | (4) GRANTS FOR EARLY MOVERS.—Fifty percent of the funds raised under this section shall be provided in the form of grants to electric utilities that had, prior to the award of any grant under this section, committed resources to deploy a large scale electricity generation unit with integrated carbon capture and sequestration or conversion applied to a substantial portion of the unit’s carbon dioxide emissions. Grant funds shall be provided to defray costs incurred by such electricity utilities for at least such electricity generation units. | |
| (5) ADMINISTRATION.—The members of the Board of Directors of the Corporation shall elect a Chairman and other officers as necessary, may es tablish committees and subcommittees of the Corporation, and shall adopt rules and bylaws for the conduct of business and the implementation of this section. The Board shall appoint an Executive Director and professional support staff who may be employees of the Electric Power Research Institute | (5) ADMINISTRATION.—The members of the Board of Directors of the Corporation shall elect a Chairman and other officers as necessary, may establish committees and subcommittees of the Corporation, and shall adopt rules and bylaws for the conduct of business and the implementation of this section. The Board shall appoint an Executive Director and professional support staff who may be employees of the Electric Power Research Institute | |
| (EPRI). After consultation with the Technical Advisory Committee established under subsection | (EPRI). After consultation with the Technical Advisory Committee established under subsection | |
| (j), the Secretary, and the Director of the National Energy Technology Laboratory to obtain advice and recommendations on plans, programs, and project selection criteria, the Board shall establish priorities for grants, contracts, and assistance; publish requests for proposals for grants, contracts, and assistance; and award grants, contracts, and assistance competitively, on the basis of merit, after the establishment of procedures that provide for scientific peer review by the Technical Advisory Committee. The Board shall give preference to applications that reflect the best overall value and prospect for achieving the purposes of the section, such as those which demonstrate an integrated approach for capture and storage or capture and conversion technologies. The Board members shall not participate in making grants or awards to entities with whom they are affiliated. | (j), the Secretary, and the Director of the National Energy Technology Laboratory to obtain advice and recommendations on plans, programs, and project selection criteria, the Board shall establish priorities for grants, contracts, and assistance; publish requests for proposals for grants, contracts, and assistance; and award grants, contracts, and assistance competi tively, on the basis of merit, after the establishment of procedures that provide for scientific peer review by the Technical Advisory Committee. The Board shall give preference to applications that reflect the best overall value and prospect for achieving the purposes of the section, such as those which demonstrate an integrated approach for capture and storage or capture and conversion technologies. The Board members shall not participate in making grants or awards to entities with whom they are affiliated. | |
| (6) USES OF GRANTS, CONTRACTS, AND ASSISTANCE.—A grant, contract, or other assistance provided under this subsection may be used to purchase carbon dioxide when needed to conduct tests of carbon dioxide storage sites, in the case of established projects that are storing carbon dioxide emissions, or for other purposes consistent with the purposes of this section. The Corporation shall make publicly available at no cost information learned as a result of projects which it supports financially. | (6) USES OF GRANTS, CONTRACTS, AND ASSISTANCE.—A grant, contract, or other assistance provided under this subsection may be used to purchase carbon dioxide when needed to conduct tests of carbon dioxide storage sites, in the case of established projects that are storing carbon dioxide emissions, or for other purposes consistent with the purposes of this section. The Corporation shall make publicly available at no cost information learned as a result of projects which it supports financially. | |
| (7) INTELLECTUAL PROPERTY.—The Board shall establish policies regarding the ownership of intellectual property developed as a result of Corporation grants and other forms of technology support. Such policies shall encourage individual ingenuity and invention. | <> | |
| (8) ADMINISTRATIVE EXPENSES.—Up to 5 percent of the funds collected in any fiscal year under subsection | (7) ADMINISTRATIVE EXPENSES.—Up to 5 percent of the funds collected in any fiscal year under subsection | |
| (d) may be used for the administrative expenses of operating the Corporation | = | (d) may be used for the administrative expenses of operating the Corporation |
| (not including costs incurred in the determination and collection of the assessments pursuant to subsection | (not including costs incurred in the determination and collection of the assessments pursuant to subsection | |
| (d)). | (d)). | |
| (9) PROGRAMS AND BUDGET.—Before August each year, the Corporation, after consulting with the Technical Advisory Committee and the Secretary and the Director of the Department’s National Energy Technology Laboratory and other interested parties to obtain advice and recommendations, shall publish for public review and comment its proposed plans, programs, project selection criteria, and projects to be funded by the Corporation for the next calendar year. The Corporation shall also publish for public review and comment a budget plan for the next calendar year, including the probable costs of all programs, projects, and contracts and a recommended rate of assessment sufficient to cover such costs. The Secretary may recommend programs and activities the Secretary considers appropriate. The Corporation shall include in the first publication it issues under this paragraph a strategic plan or roadmap for the achievement of the purposes of the Corporation, as set forth in paragraph | <> | (8) PROGRAMS AND BUDGET.—Before August each year, the Corporation, after consulting with the Technical Advisory Committee and the Secretary and the Director of the Department’s National Energy Technology Laboratory and other interested parties to obtain advice and recommendations, shall publish for public review and comment its proposed plans, programs, project selection criteria, and projects to be funded by the Corporation for the next calendar year. The Corporation shall also publish for public review and comment a budget plan for the next calendar year, including the probable costs of all programs, projects, and contracts and a recommended rate of assessment sufficient to cover such costs. The Secretary may recommend programs and activities the Secretary considers appropriate. The Corporation shall include in the first publication it issues under this paragraph a strategic plan or roadmap for the achievement of the purposes of the Corporation, as set forth in paragraph |
| (2). | = | (2). |
| (10) RECORDS; AUDITS.—The Corporation shall keep minutes, books, and records that clearly reflect all of the acts and transactions of the Corporation and make public such information. The books of the Corporation shall be audited by a certified public ac countant at least once each fiscal year and at such other times as the Corporation may designate. Copies of each audit shall be provided to the Congress, all Corporation board members, all qualified industry organizations, each State regulatory authority and, upon request, to other members of the industry. If the audit determines that the Corporation’s practices fail to meet generally accepted accounting principles the assessment collection authority of the Corporation under subsection | <> | (9) RECORDS; AUDITS.—The Corporation shall keep minutes, books, and records that clearly reflect all of the acts and transactions of the Corporation and make public such information. The books of the Corporation shall be audited by a certified public accountant at least once each fiscal year and at such other times as the Corporation may designate. Copies of each audit shall be provided to the Congress, all Corporation board members, all qualified industry organizations, each State regulatory authority and, upon request, to other members of the industry. If the audit determines that the Corporation’s practices fail to meet generally accepted accounting principles the assessment collection authority of the Corporation under subsection |
| (d) shall be suspended until a certified public accountant renders a subsequent opinion that the failure has been corrected. The Corporation shall make its books and records available for review by the Secretary or the Comptroller General of the United States. | = | (d) shall be suspended until a certified public accountant renders a subsequent opinion that the failure has been corrected. The Corporation shall make its books and records available for review by the Secretary or the Comptroller General of the United States. |
| (11) PUBLIC ACCESS.—The Corporation Board’s meetings shall be open to the public and shall occur after at least 30 days advance public notice. Meetings of the Board of Directors may be closed to the public where the agenda of such meetings includes only confidential matters pertaining to project selection, the award of grants or contracts, personnel matters, or the receipt of legal advice. The minutes of all meetings of the Corporation shall be made available to and readily accessible by the public. | <> | (10) PUBLIC ACCESS.—The Corporation Board’s meetings shall be open to the public and shall occur after at least 30 days advance public notice. Meetings of the Board of Directors may be closed to the public where the agenda of such meetings includes only confidential matters pertaining to project selection, the award of grants or contracts, personnel matters, or the receipt of legal advice. The minutes of all meetings of the Corporation shall be made available to and readily accessible by the public. |
| (12) ANNUAL REPORT.—Each year the Corporation shall prepare and make publicly available a report which includes an identification and description of all programs and projects undertaken by the Corporation during the previous year. The report shall also detail the allocation or planned allocation of Corporation resources for each such program and project. The Corporation shall provide its annual report to the Congress, the Secretary, each State regulatory authority, and upon request to the public. The Secretary shall, not less than 60 days after receiving such report, provide to the President and Congress a report assessing the progress of the Corporation in meeting the objectives of this section. | (11) ANNUAL REPORT.—Each year the Corporation shall prepare and make publicly available a report which includes an identification and description of all programs and projects undertaken by the Corporation during the previous year. The report shall also detail the allocation or planned allocation of Corporation resources for each such program and project. The Corporation shall provide its annual report to the Congress, the Secretary, each State regulatory authority, and upon request to the public. The Secretary shall, not less than 60 days after receiving such report, provide to the President and Congress a report assessing the progress of the Corporation in meeting the objectives of this section. | |
| (d) ASSESSMENTS.— | = | (d) ASSESSMENTS.— |
| (1) AMOUNT.— | (1) AMOUNT.— | |
| (A) In all calendar years following its establishment, the Corporation shall collect an assessment on distribution utilities for all fossil fuel-based electricity delivered directly to retail consumers | (A) In all calendar years following its establishment, the Corporation shall collect an assessment on distribution utilities for all fossil fuel-based electricity delivered directly to retail consumers | |
| (as determined under subsection | (as determined under subsection | |
| (f)). The assessments shall reflect the relative carbon dioxide emission rates of different fossil fuel-based elec tricity, and initially shall be not less than the following amounts for coal, natural gas, and oil: Fuel type Rate of assessment per kilowatt hour Coal ................................................................... $0.000Natural Gas ...................................................... $0.000Oil ..................................................................... $0.00032. | (f)). The assessments shall reflect the relative carbon dioxide emission rates of different fossil fuel-based elec tricity, and initially shall be not less than the following amounts for coal, natural gas, and oil: Fuel type Rate of assessment per kilowatt hour Coal ................................................................... $0.000Natural Gas ...................................................... $0.000Oil ..................................................................... $0.00032. | |
| (B) The Corporation is authorized to adjust the assessments on fossil fuel-based electricity to reflect changes in the expected quantities of such electricity from different fuel types, such that the assessments generate not less than $1.0 billion and not more than $1.1 billion annually. The Corporation is authorized to supplement assessments through additional financial commitments. | (B) The Corporation is authorized to adjust the assessments on fossil fuel-based electricity to reflect changes in the expected quantities of such electricity from different fuel types, such that the assessments generate not less than $1.0 billion and not more than $1.1 billion annually. The Corporation is authorized to supplement assessments through additional financial commitments. | |
| (2) INVESTMENT OF FUNDS.—Pending disbursement pursuant to a program, plan, or project, the Corporation may invest funds collected through assessments under this subsection, and any other funds received by the Corporation, only in obligations of the United States or any agency thereof, in general obligations of any State or any political subdivision thereof, in any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System, or in obligations fully guaranteed as to principal and interest by the United States. | (2) INVESTMENT OF FUNDS.—Pending disbursement pursuant to a program, plan, or project, the Corporation may invest funds collected through assessments under this subsection, and any other funds received by the Corporation, only in obligations of the United States or any agency thereof, in general obligations of any State or any political subdivision thereof, in any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System, or in obligations fully guaranteed as to principal and interest by the United States. | |
| (3) REVERSION OF UNUSED FUNDS.—If the Corporation does not disburse, dedicate or assign percent or more of the available proceeds of the assessed fees in any calendar year 7 or more years following its establishment, due to an absence of qualified projects or similar circumstances, it shall reimburse the remaining undedicated or unassigned balance of such fees, less administrative and other expenses authorized by this section, to the distribution utilities upon which such fees were assessed, in proportion to their collected assessments. | (3) REVERSION OF UNUSED FUNDS.—If the Corporation does not disburse, dedicate or assign percent or more of the available proceeds of the assessed fees in any calendar year 7 or more years following its establishment, due to an absence of qualified projects or similar circumstances, it shall reimburse the remaining undedicated or unassigned balance of such fees, less administrative and other expenses authorized by this section, to the distribution utilities upon which such fees were assessed, in proportion to their collected assessments. | |
| (e) ERCOT.— | (e) ERCOT.— | |
| (1) ASSESSMENT, COLLECTION, AND REMITTANCE.— | (1) ASSESSMENT, COLLECTION, AND REMITTANCE.— | |
| (A) Notwithstanding any other provision of this section, within ERCOT, the assessment provided for in subsection | (A) Notwithstanding any other provision of this section, within ERCOT, the assessment provided for in subsection | |
| (d) shall be— | (d) shall be— | |
| (i) levied directly on qualified scheduling entities, or their successor entities; | (i) levied directly on qualified scheduling entities, or their successor entities; | |
| (ii) charged consistent with other charges imposed on qualified scheduling entities as a fee on energy used by the load-serving entities; and | (ii) charged consistent with other charges imposed on qualified scheduling entities as a fee on energy used by the load-serving entities; and | |
| (iii) collected and remitted by ERCOT to the Corporation in the amounts and in the same manner as set forth in subsection | (iii) collected and remitted by ERCOT to the Corporation in the amounts and in the same manner as set forth in subsection | |
| (d). | (d). | |
| (B) The assessment amounts referred to in subparagraph | (B) The assessment amounts referred to in subparagraph | |
| (A) shall be— | (A) shall be— | |
| (i) determined by the amount and types of fossil fuel-based electricity delivered directly to all retail customers in the prior calendar year beginning with the year ending immediately prior to the period described in subsection | (i) determined by the amount and types of fossil fuel-based electricity delivered directly to all retail customers in the prior calendar year beginning with the year ending immediately prior to the period described in subsection | |
| (b) | (b) | |
| (2); and | (2); and | |
| (ii) take into account the number of renewable energy credits retired by the load-serving entities represented by a qualified scheduling entity within the prior calendar year. | (ii) take into account the number of renewable energy credits retired by the load-serving entities represented by a qualified scheduling entity within the prior calendar year. | |
| (2) ADMINISTRATION EXPENSES.—Up to 1 percent of the funds collected in any fiscal year by ERCOT under the provisions of this subsection may be used for the administrative expenses incurred in the determination, collection and remittance of the assessments to the Corporation. | (2) ADMINISTRATION EXPENSES.—Up to 1 percent of the funds collected in any fiscal year by ERCOT under the provisions of this subsection may be used for the administrative expenses incurred in the determination, collection and remittance of the assessments to the Corporation. | |
| (3) AUDIT.—ERCOT shall provide a copy of its annual audit pertaining to the administration of the provisions of this subsection to the Corporation. | (3) AUDIT.—ERCOT shall provide a copy of its annual audit pertaining to the administration of the provisions of this subsection to the Corporation. | |
| (4) DEFINITIONS.—For the purposes of this subsection: | (4) DEFINITIONS.—For the purposes of this subsection: | |
| (A) The term ‘‘ERCOT’’ means the Electric Reliability Council of Texas. | (A) The term ‘‘ERCOT’’ means the Electric Reliability Council of Texas. | |
| (B) The term ‘‘load-serving entities’’ has the meaning adopted by ERCOT Protocols and in effect on the date of enactment of this Act. | (B) The term ‘‘load-serving entities’’ has the meaning adopted by ERCOT Protocols and in effect on the date of enactment of this Act. | |
| (C) The term ‘‘qualified scheduling entities’’ has the meaning adopted by ERCOT Protocols and in effect on the date of enactment of this Act. | (C) The term ‘‘qualified scheduling entities’’ has the meaning adopted by ERCOT Protocols and in effect on the date of enactment of this Act. | |
| (D) The term ‘‘renewable energy credit’’ has the meaning as promulgated and adopted by the Public Utility Commission of Texas pursuant to section 39.904 | (D) The term ‘‘renewable energy credit’’ has the meaning as promulgated and adopted by the Public Utility Commission of Texas pursuant to section 39.904 | |
| (b) of the Public Utility Regulatory Act of 1999, and in effect on the date of enactment of this Act. | (b) of the Public Utility Regulatory Act of 1999, and in effect on the date of enactment of this Act. | |
| (f) DETERMINATION OF FOSSIL FUEL-BASED ELECTRICITY DELIVERIES.— | (f) DETERMINATION OF FOSSIL FUEL-BASED ELECTRICITY DELIVERIES.— | |
| (1) FINDINGS.—The Congress finds that: | (1) FINDINGS.—The Congress finds that: | |
| (A) The assessments under subsection | (A) The assessments under subsection | |
| (d) are to be collected based on the amount of fossil fuel-based electricity delivered by each distribution utility. | (d) are to be collected based on the amount of fossil fuel-based electricity delivered by each distribution utility. | |
| (B) Since many distribution utilities purchase all or part of their retail consumer’s electricity needs from other entities, it may not be practical to determine the precise fuel mix for the power sold by each individual distribution utility. | (B) Since many distribution utilities purchase all or part of their retail consumer’s electricity needs from other entities, it may not be practical to determine the precise fuel mix for the power sold by each individual distribution utility. | |
| (C) It may be necessary to use average data, often on a regional basis with reference to Regional Transmission Organization | (C) It may be necessary to use average data, often on a regional basis with reference to Regional Transmission Organization | |
| (‘‘RTO’’) or NERC regions, to make the determinations necessary for making assessments. | (‘‘RTO’’) or NERC regions, to make the determinations necessary for making assessments. | |
| (2) DOE PROPOSED RULE.—The Secretary, acting in close consultation with the Energy Information Administration, shall issue for notice and comment a proposed rule to determine the level of fossil fuel electricity delivered to retail customers by each distribution utility in the United States during the most recent calendar year or other period determined to be most appropriate. Such proposed rule shall balance the need to be efficient, reasonably precise, and timely, taking into account the nature and cost of data currently available and the nature of markets and regulation in effect in various regions of the country. Different methodologies may be applied in different regions if appropriate to obtain the best balance of such factors. | (2) DOE PROPOSED RULE.—The Secretary, acting in close consultation with the Energy Information Administration, shall issue for notice and comment a proposed rule to determine the level of fossil fuel electricity delivered to retail customers by each distribution utility in the United States during the most recent calendar year or other period determined to be most appropriate. Such proposed rule shall balance the need to be efficient, reasonably precise, and timely, taking into account the nature and cost of data currently available and the nature of markets and regulation in effect in various regions of the country. Different methodologies may be applied in different regions if appropriate to obtain the best balance of such factors. | |
| (3) FINAL RULE.—Within 6 months after the date of enactment of this Act, and after opportunity for comment, the Secretary shall issue a final rule under this subsection for determining the level and type of fossil fuel-based electricity delivered to retail customers by each distribution utility in the United States during the appropriate period. In issuing such rule, the Secretary may consider opportunities and costs to develop new data sources in the future and issue recommendations for the Energy Information Administration or other entities to collect such data. After notice and opportunity for comment the Secretary may, by rule, subsequently update and modify the methodology for making such determinations. | (3) FINAL RULE.—Within 6 months after the date of enactment of this Act, and after opportunity for comment, the Secretary shall issue a final rule under this subsection for determining the level and type of fossil fuel-based electricity delivered to retail customers by each distribution utility in the United States during the appropriate period. In issuing such rule, the Secretary may consider opportunities and costs to develop new data sources in the future and issue recommendations for the Energy Information Administration or other entities to collect such data. After notice and opportunity for comment the Secretary may, by rule, subsequently update and modify the methodology for making such determinations. | |
| (4) ANNUAL DETERMINATIONS.—Pursuant to the final rule issued under paragraph | (4) ANNUAL DETERMINATIONS.—Pursuant to the final rule issued under paragraph | |
| (3), the Secretary shall make annual determinations of the amounts and types for each such utility and publish such determinations in the Federal Register. Such determinations shall be used to conduct the referendum under subsection | (3), the Secretary shall make annual determinations of the amounts and types for each such utility and publish such determinations in the Federal Register. Such determinations shall be used to conduct the referendum under subsection | |
| (b) and by the Corporation in applying any assessment under this subsection. | (b) and by the Corporation in applying any assessment under this subsection. | |
| (5) REHEARING AND JUDICIAL REVIEW.—The owner or operator of any distribution utility that believes that the Secretary has misapplied the methodology in the final rule in determining the amount and types of fossil fuel electricity delivered by such distribution utility may seek rehearing of such determination within 30 days of publication of the determination in the Federal Register. The Secretary shall decide such rehearing petitions within 30 days. The Secretary’s determinations following rehearing shall be final and subject to judicial review in the United States Court of Appeals for the District of Columbia. | (5) REHEARING AND JUDICIAL REVIEW.—The owner or operator of any distribution utility that believes that the Secretary has misapplied the methodology in the final rule in determining the amount and types of fossil fuel electricity delivered by such distribution utility may seek rehearing of such determination within 30 days of publication of the determination in the Federal Register. The Secretary shall decide such rehearing petitions within 30 days. The Secretary’s determinations following rehearing shall be final and subject to judicial review in the United States Court of Appeals for the District of Columbia. | |
| (g) COMPLIANCE WITH CORPORATION ASSESSMENTS.—The Corporation may bring an action in the appropriate court of the United States to compel compliance with an assessment levied by the Corporation under this section. A successful action for compliance under this subsection may also require payment by the defendant of the costs incurred by the Corporation in bringing such action. | (g) COMPLIANCE WITH CORPORATION ASSESSMENTS.—The Corporation may bring an action in the appropriate court of the United States to compel compliance with an assessment levied by the Corporation under this section. A successful action for compliance under this subsection may also require payment by the defendant of the costs incurred by the Corporation in bringing such action. | |
| (h) MIDCOURSE REVIEW.—Not later than 5 years following establishment of the Corporation, the Comptroller General of the United States shall prepare an analysis, and report to Congress, assessing the Corporation’s activities, including project selection and methods of disbursement of assessed fees, impacts on the prospects for commercialization of carbon capture and storage technologies, adequacy of funding, and administration of funds. The report shall also make such recommendations as may be appropriate in each of these areas. The Corporation shall reimburse the Government Accountability Office for the costs associated with performing this midcourse review. | (h) MIDCOURSE REVIEW.—Not later than 5 years following establishment of the Corporation, the Comptroller General of the United States shall prepare an analysis, and report to Congress, assessing the Corporation’s activities, including project selection and methods of disbursement of assessed fees, impacts on the prospects for commercialization of carbon capture and storage technologies, adequacy of funding, and administration of funds. The report shall also make such recommendations as may be appropriate in each of these areas. The Corporation shall reimburse the Government Accountability Office for the costs associated with performing this midcourse review. | |
| (i) RECOVERY OF COSTS.— | (i) RECOVERY OF COSTS.— | |
| (1) IN GENERAL.—A distribution utility whose transmission, delivery, or sales of electric energy are subject to any form of rate regulation shall not be denied the opportunity to recover the full amount of the prudently incurred costs associated with complying with this section, consistent with applicable State or Federal law. | (1) IN GENERAL.—A distribution utility whose transmission, delivery, or sales of electric energy are subject to any form of rate regulation shall not be denied the opportunity to recover the full amount of the prudently incurred costs associated with complying with this section, consistent with applicable State or Federal law. | |
| (2) RATEPAYER REBATES.—Regulatory authorities that approve cost recovery pursuant to paragraph | (2) RATEPAYER REBATES.—Regulatory authorities that approve cost recovery pursuant to paragraph | |
| (1) may order rebates to ratepayers to the extent that distribution utilities are reimbursed undedicated or unassigned balances pursuant to subsection | (1) may order rebates to ratepayers to the extent that distribution utilities are reimbursed undedicated or unassigned balances pursuant to subsection | |
| (d) | (d) | |
| (3). | (3). | |
| (j) TECHNICAL ADVISORY COMMITTEE.— | (j) TECHNICAL ADVISORY COMMITTEE.— | |
| (1) ESTABLISHMENT.—There is established an advisory committee, to be known as the ‘‘Technical Advisory Committee’’. | (1) ESTABLISHMENT.—There is established an advisory committee, to be known as the ‘‘Technical Advisory Committee’’. | |
| (2) MEMBERSHIP.—The Technical Advisory Committee shall be comprised of not less than members appointed by the Board from among aca demic institutions, national laboratories, independent research institutions, and other qualified institutions. No member of the Committee shall be affiliated with EPRI or with any organization having members serving on the Board. At least one member of the Committee shall be appointed from among officers or employees of the Department of Energy recommended to the Board by the Secretary of Energy. | (2) MEMBERSHIP.—The Technical Advisory Committee shall be comprised of not less than members appointed by the Board from among aca demic institutions, national laboratories, independent research institutions, and other qualified institutions. No member of the Committee shall be affiliated with EPRI or with any organization having members serving on the Board. At least one member of the Committee shall be appointed from among officers or employees of the Department of Energy recommended to the Board by the Secretary of Energy. | |
| (3) CHAIRPERSON AND VICE CHAIRPERSON.— The Board shall designate one member of the Technical Advisory Committee to serve as Chairperson of the Committee and one to serve as Vice Chairperson of the Committee. | (3) CHAIRPERSON AND VICE CHAIRPERSON.— The Board shall designate one member of the Technical Advisory Committee to serve as Chairperson of the Committee and one to serve as Vice Chairperson of the Committee. | |
| (4) COMPENSATION.—The Board shall provide compensation to members of the Technical Advisory Committee for travel and other incidental expenses and such other compensation as the Board determines to be necessary. | (4) COMPENSATION.—The Board shall provide compensation to members of the Technical Advisory Committee for travel and other incidental expenses and such other compensation as the Board determines to be necessary. | |
| (5) PURPOSE.—The Technical Advisory Committee shall provide independent assessments and technical evaluations, as well as make non-binding recommendations to the Board, concerning Corporation activities, including but not limited to the following: | (5) PURPOSE.—The Technical Advisory Committee shall provide independent assessments and technical evaluations, as well as make non-binding recommendations to the Board, concerning Corporation activities, including but not limited to the following: | |
| (A) Reviewing and evaluating the Corporation’s plans and budgets described in subsection | (A) Reviewing and evaluating the Corporation’s plans and budgets described in subsection | |
| (c) | (c) | |
| (9), as well as any other appropriate areas, which could include approaches to prioritizing technologies, appropriateness of engineering techniques, monitoring and verification technologies for storage, geological site selection, and cost control measures. | (9), as well as any other appropriate areas, which could include approaches to prioritizing technologies, appropriateness of engineering techniques, monitoring and verification technologies for storage, geological site selection, and cost control measures. | |
| (B) Making annual non-binding recommendations to the Board concerning any of the matters referred to in subparagraph | (B) Making annual non-binding recommendations to the Board concerning any of the matters referred to in subparagraph | |
| (A), as well as what types of investments, scientific research, or engineering practices would best further the goals of the Corporation. | (A), as well as what types of investments, scientific research, or engineering practices would best further the goals of the Corporation. | |
| (6) PUBLIC AVAILABILITY.—All reports, evaluations, and other materials of the Technical Advisory Committee shall be made available to the public by the Board, without charge, at time of receipt by the Board. | (6) PUBLIC AVAILABILITY.—All reports, evaluations, and other materials of the Technical Advisory Committee shall be made available to the public by the Board, without charge, at time of receipt by the Board. | |
| (k) LOBBYING RESTRICTIONS.—No funds collected by the Corporation shall be used in any manner for influencing legislation or elections, except that the Corporation may recommend to the Secretary and the Congress changes in this section or other statutes that would further the purposes of this section. | (k) LOBBYING RESTRICTIONS.—No funds collected by the Corporation shall be used in any manner for influencing legislation or elections, except that the Corporation may recommend to the Secretary and the Congress changes in this section or other statutes that would further the purposes of this section. | |
| (l) DAVIS-BACON COMPLIANCE.—The Corporation shall ensure that entities receiving grants, contracts, or other financial support from the Corporation for the project activities authorized by this section are in compliance with subchapter IV of chapter 31 of title 40, United States Code | (l) DAVIS-BACON COMPLIANCE.—The Corporation shall ensure that entities receiving grants, contracts, or other financial support from the Corporation for the project activities authorized by this section are in compliance with subchapter IV of chapter 31 of title 40, United States Code | |
| (commonly known as the ‘‘Davis-Bacon Act’’). Subtitle C—Nuclear and Advanced Technologies SEC. 131. FINDINGS AND POLICY. | (commonly known as the ‘‘Davis-Bacon Act’’). Subtitle C—Nuclear and Advanced Technologies SEC. 131. FINDINGS AND POLICY. | |
| (a) FINDINGS.—Congress finds that— | (a) FINDINGS.—Congress finds that— | |
| (1) in 2008, 104 nuclear power plants produced 19.6 percent of the electricity generated in the United States, slightly less than the electricity generated by natural gas; | (1) in 2008, 104 nuclear power plants produced 19.6 percent of the electricity generated in the United States, slightly less than the electricity generated by natural gas; | |
| (2) nuclear energy is the largest provider of clean, low-carbon, electricity, almost 8 times larger than all renewable power production combined, excluding hydroelectric power; | (2) nuclear energy is the largest provider of clean, low-carbon, electricity, almost 8 times larger than all renewable power production combined, excluding hydroelectric power; | |
| (3) nuclear energy supplies consistent, base-load electricity, independent of environmental conditions; | (3) nuclear energy supplies consistent, base-load electricity, independent of environmental conditions; | |
| (4) by displacing fossil fuels that would otherwise be used for electricity production, nuclear power plants virtually eliminate emissions of greenhouse gases and criteria pollutants associated with acid rain, smog, or ozone; | (4) by displacing fossil fuels that would otherwise be used for electricity production, nuclear power plants virtually eliminate emissions of greenhouse gases and criteria pollutants associated with acid rain, smog, or ozone; | |
| (5) nuclear power generation continues to require robust efforts to address issues of safety, waste, and proliferation; | (5) nuclear power generation continues to require robust efforts to address issues of safety, waste, and proliferation; | |
| (6) even if every nuclear plant is granted a 20- year extension, all currently operating nuclear plants will be retired by 2055; | (6) even if every nuclear plant is granted a 20- year extension, all currently operating nuclear plants will be retired by 2055; | |
| (7) long lead times for nuclear power plant construction indicate that action to stimulate the nuclear power industry should not be delayed; | (7) long lead times for nuclear power plant construction indicate that action to stimulate the nuclear power industry should not be delayed; | |
| (8) the high upfront capital costs of nuclear plant construction remain a substantial obstacle, despite theoretical potential for significant cost reduction; | (8) the high upfront capital costs of nuclear plant construction remain a substantial obstacle, despite theoretical potential for significant cost reduction; | |
| (9) translating theoretical cost reduction potential into actual reduced construction costs remains a significant industry challenge that can be overcome only through demonstrated performance; | (9) translating theoretical cost reduction potential into actual reduced construction costs remains a significant industry challenge that can be overcome only through demonstrated performance; | |
| (10) as of January 2009, 17 companies and consortia have submitted applications to the Nuclear Regulatory Commission for 26 new reactors in the United States; | (10) as of January 2009, 17 companies and consortia have submitted applications to the Nuclear Regulatory Commission for 26 new reactors in the United States; | |
| (11) those proposed reactors will use the latest in nuclear technology for efficiency and safety, more advanced than the technology of the 1960s and 970s found in the reactors currently operating in the United States; | (11) those proposed reactors will use the latest in nuclear technology for efficiency and safety, more advanced than the technology of the 1960s and 970s found in the reactors currently operating in the United States; | |
| (12) increased resources for the Nuclear Regulatory Commission and reform of the licensing process have improved the safety and timeliness of the regulatory environment; | (12) increased resources for the Nuclear Regulatory Commission and reform of the licensing process have improved the safety and timeliness of the regulatory environment; | |
| (13) the United States has not built a new reactor since the 1970s and, as a result, will need to revitalize and retool the institutions and infrastructure necessary to construct, maintain, and support new reactors, including improvements in manufacturing of nuclear components and training for the next generation nuclear workforce; and | (13) the United States has not built a new reactor since the 1970s and, as a result, will need to revitalize and retool the institutions and infrastructure necessary to construct, maintain, and support new reactors, including improvements in manufacturing of nuclear components and training for the next generation nuclear workforce; and | |
| (14) those new reactors will launch a new era for the nuclear industry, and translate into tens of thousands of jobs | (14) those new reactors will launch a new era for the nuclear industry, and translate into tens of thousands of jobs | |
| (b) STATEMENT OF POLICY.—It is the policy of the United States, given the importance of transitioning to a clean energy, low-carbon economy, to facilitate the continued development and growth of a safe and clean nuclear energy industry, through— | (b) STATEMENT OF POLICY.—It is the policy of the United States, given the importance of transitioning to a clean energy, low-carbon economy, to facilitate the continued development and growth of a safe and clean nuclear energy industry, through— | |
| (1) reductions in financial and technical barriers to construction and operation; and | (1) reductions in financial and technical barriers to construction and operation; and | |
| (2) incentives for the development of a welltrained workforce and the growth of safe domestic nuclear and nuclear-related industries. SEC. 132. NUCLEAR WORKER TRAINING. | (2) incentives for the development of a welltrained workforce and the growth of safe domestic nuclear and nuclear-related industries. SEC. 132. NUCLEAR WORKER TRAINING. | |
| (a) DEFINITION OF APPLICABLE PERIOD.—In this section, the term ‘‘applicable period’’ means— | (a) DEFINITION OF APPLICABLE PERIOD.—In this section, the term ‘‘applicable period’’ means— | |
| (1) the 5-year period beginning on January 1, 012; and | (1) the 5-year period beginning on January 1, 012; and | |
| (2) each 5-year period beginning on each January 1 thereafter. | (2) each 5-year period beginning on each January 1 thereafter. | |
| (b) USE OF FUNDS.—Of amounts made available to carry out this section for the calendar years in each applicable period— | (b) USE OF FUNDS.—Of amounts made available to carry out this section for the calendar years in each applicable period— | |
| (1) the Secretary of Energy shall use such amounts for each applicable period as the Secretary of Energy determines to be necessary to increase the number and amounts of nuclear science talent expansion grants and nuclear science competitiveness grants provided under section 5004 of the America COMPETES Act | (1) the Secretary of Energy shall use such amounts for each applicable period as the Secretary of Energy determines to be necessary to increase the number and amounts of nuclear science talent expansion grants and nuclear science competitiveness grants provided under section 5004 of the America COMPETES Act | |
| (42 U.S.C. 16532); and | (42 U.S.C. 16532); and | |
| (2) the Secretary of Labor, in consultation with nuclear energy entities and organized labor, shall use such amounts for each applicable period as the Secretary of Labor determines to be necessary to carry out programs expanding workforce training to meet the high demand for workers skilled in nuclear power plant construction and operation, including programs for— | (2) the Secretary of Labor, in consultation with nuclear energy entities and organized labor, shall use such amounts for each applicable period as the Secretary of Labor determines to be necessary to carry out programs expanding workforce training to meet the high demand for workers skilled in nuclear power plant construction and operation, including programs for— | |
| (A) electrical craft certification; | (A) electrical craft certification; | |
| (B) preapprenticeship career technical education for industrialized skilled crafts that are useful in the construction of nuclear power plants; | (B) preapprenticeship career technical education for industrialized skilled crafts that are useful in the construction of nuclear power plants; | |
| (C) community college and skill center training for nuclear power plant technicians; | (C) community college and skill center training for nuclear power plant technicians; | |
| (D) training of construction management personnel for nuclear power plant construction projects; and | (D) training of construction management personnel for nuclear power plant construction projects; and | |
| (E) regional grants for integrated nuclear energy workforce development programs. SEC. 133. NUCLEAR SAFETY AND WASTE MANAGEMENT PROGRAMS. | (E) regional grants for integrated nuclear energy workforce development programs. SEC. 133. NUCLEAR SAFETY AND WASTE MANAGEMENT PROGRAMS. | |
| (a) NUCLEAR FACILITY LONG-TERM OPERATIONS RESEARCH AND DEVELOPMENT PROGRAM.— | (a) NUCLEAR FACILITY LONG-TERM OPERATIONS RESEARCH AND DEVELOPMENT PROGRAM.— | |
| (1) ESTABLISHMENT.—As soon as practicable after the date of enactment of this Act, the Secretary of Energy | (1) ESTABLISHMENT.—As soon as practicable after the date of enactment of this Act, the Secretary of Energy | |
| (referred to in this section as the ‘‘Secretary’’) shall establish a research and development program— | (referred to in this section as the ‘‘Secretary’’) shall establish a research and development program— | |
| (A) to address the reliability, availability, productivity, component aging, safety, and security of nuclear power plants; | (A) to address the reliability, availability, productivity, component aging, safety, and security of nuclear power plants; | |
| (B) to improve the performance of nuclear power plants; | (B) to improve the performance of nuclear power plants; | |
| (C) to sustain the health and safety of employees of nuclear power plants; | (C) to sustain the health and safety of employees of nuclear power plants; | |
| (D) to assess the feasibility of nuclear power plants to continue to provide clean and economic electricity safely, substantially beyond the first license extension period of the nuclear power plants, which will— | (D) to assess the feasibility of nuclear power plants to continue to provide clean and economic electricity safely, substantially beyond the first license extension period of the nuclear power plants, which will— | |
| (i) significantly contribute to the energy security of the United States; and | (i) significantly contribute to the energy security of the United States; and | |
| (ii) help protect the environment of the United States; and | (ii) help protect the environment of the United States; and | |
| (E) to support significant carbon reductions, lower overall costs that are required to reduce carbon emissions, and increase energy security. | (E) to support significant carbon reductions, lower overall costs that are required to reduce carbon emissions, and increase energy security. | |
| (2) CONDUCT OF PROGRAM.— | (2) CONDUCT OF PROGRAM.— | |
| (A) IN GENERAL.—In carrying out the program established under paragraph | (A) IN GENERAL.—In carrying out the program established under paragraph | |
| (1), the Secretary shall— | (1), the Secretary shall— | |
| (i) build a fundamental scientific basis to understand, predict, and measure changes in materials, systems, structures, equipment, and components as the materials, systems, structures, equipment, and components age through continued operations in long-term service environments; | (i) build a fundamental scientific basis to understand, predict, and measure changes in materials, systems, structures, equipment, and components as the materials, systems, structures, equipment, and components age through continued operations in long-term service environments; | |
| (ii) develop new safety analysis tools and methods to enhance the performance and safety of nuclear power plants; | (ii) develop new safety analysis tools and methods to enhance the performance and safety of nuclear power plants; | |
| (iii) develop advanced online monitoring, control, and diagnostics technologies to prevent equipment failures and improve the safety of nuclear power plants; | (iii) develop advanced online monitoring, control, and diagnostics technologies to prevent equipment failures and improve the safety of nuclear power plants; | |
| (iv) establish a technical basis for advanced fuel designs | (iv) establish a technical basis for advanced fuel designs | |
| (including silicon carbide fuel cladding) to increase the safety margins of nuclear power plants; and | (including silicon carbide fuel cladding) to increase the safety margins of nuclear power plants; and | |
| (v) examine issues, including— | (v) examine issues, including— | |
| (I) issues relating to material degradation, plant aging, and technology upgrades; and | (I) issues relating to material degradation, plant aging, and technology upgrades; and | |
| (II) any other issue that would impact decisions to extend the lifespan of nuclear power plants. | (II) any other issue that would impact decisions to extend the lifespan of nuclear power plants. | |
| (B) TECHNICAL SUPPORT.—In carrying out the program established under paragraph | (B) TECHNICAL SUPPORT.—In carrying out the program established under paragraph | |
| (1), the Secretary shall provide to the Chairman of the Nuclear Regulatory Commission information collected under the program— | (1), the Secretary shall provide to the Chairman of the Nuclear Regulatory Commission information collected under the program— | |
| (i) to help ensure informed decisions regarding the extension of the life of nuclear power plants beyond a 60-year lifespan; and | (i) to help ensure informed decisions regarding the extension of the life of nuclear power plants beyond a 60-year lifespan; and | |
| (ii) for the licensing and long-term management, and safe and economical operation, of nuclear power plants. | (ii) for the licensing and long-term management, and safe and economical operation, of nuclear power plants. | |
| (b) SPENT NUCLEAR WASTE DISPOSAL RESEARCH AND DEVELOPMENT PROGRAM.— | (b) SPENT NUCLEAR WASTE DISPOSAL RESEARCH AND DEVELOPMENT PROGRAM.— | |
| (1) ESTABLISHMENT.—As soon as practicable after the date of enactment of this Act, the Secretary shall establish a research and development program to improve the understanding of nuclear spent fuel management and the entire nuclear fuel cycle life. | (1) ESTABLISHMENT.—As soon as practicable after the date of enactment of this Act, the Secretary shall establish a research and development program to improve the understanding of nuclear spent fuel management and the entire nuclear fuel cycle life. | |
| (2) CONDUCT OF PROGRAM.—In carrying out the program established under paragraph | (2) CONDUCT OF PROGRAM.—In carrying out the program established under paragraph | |
| (1), the Secretary shall carry out science-based research and development activities to pursue dramatic improvements in a range of nuclear spent fuel management options, including short-term and long-term storage and disposal, and proliferation-resistant nuclear spent fuel recycling. | (1), the Secretary shall carry out science-based research and development activities to pursue dramatic improvements in a range of nuclear spent fuel management options, including short-term and long-term storage and disposal, and proliferation-resistant nuclear spent fuel recycling. | |
| (c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are necessary to carry out this section. Subtitle D—Water Efficiency SEC. 141. WATERSENSE. | (c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are necessary to carry out this section. Subtitle D—Water Efficiency SEC. 141. WATERSENSE. | |
| (a) IN GENERAL.—There is established within the Environmental Protection Agency a WaterSense program to identify and promote water-efficient products, buildings, landscapes, facilities, processes, and services, so as— | (a) IN GENERAL.—There is established within the Environmental Protection Agency a WaterSense program to identify and promote water-efficient products, buildings, landscapes, facilities, processes, and services, so as— | |
| (1) to reduce water use; | (1) to reduce water use; | |
| (2) to reduce the strain on water, wastewater, and stormwater infrastructure; | (2) to reduce the strain on water, wastewater, and stormwater infrastructure; | |
| (3) to conserve energy used to pump, heat, transport, and treat water; and | (3) to conserve energy used to pump, heat, transport, and treat water; and | |
| (4) to preserve water resources for future generations, through voluntary labeling of, or other forms of communications about, products, buildings, landscapes, facilities, processes, and services that meet the highest water efficiency and performance criteria. | (4) to preserve water resources for future generations, through voluntary labeling of, or other forms of communications about, products, buildings, landscapes, facilities, processes, and services that meet the highest water efficiency and performance criteria. | |
| (b) DUTIES.—The Administrator shall— | (b) DUTIES.—The Administrator shall— | |
| (1) establish— | (1) establish— | |
| (A) a WaterSense label to be used for certain items; and | (A) a WaterSense label to be used for certain items; and | |
| (B) the procedure by which an item may be certified to display the WaterSense label; | (B) the procedure by which an item may be certified to display the WaterSense label; | |
| (2) promote WaterSense-labeled products, buildings, landscapes, facilities, processes, and services in the market place as the preferred technologies and services for— | (2) promote WaterSense-labeled products, buildings, landscapes, facilities, processes, and services in the market place as the preferred technologies and services for— | |
| (A) reducing water use; and | (A) reducing water use; and | |
| (B) ensuring product and service performance; | (B) ensuring product and service performance; | |
| (3) work to enhance public awareness of the WaterSense label through public outreach, education, and other means; | (3) work to enhance public awareness of the WaterSense label through public outreach, education, and other means; | |
| (4) preserve the integrity of the WaterSense label by— | (4) preserve the integrity of the WaterSense label by— | |
| (A) establishing and maintaining performance criteria so that products, buildings, landscapes, facilities, processes, and services labeled with the WaterSense label perform as well or better than less water-efficient counterparts; | (A) establishing and maintaining performance criteria so that products, buildings, landscapes, facilities, processes, and services labeled with the WaterSense label perform as well or better than less water-efficient counterparts; | |
| (B) overseeing WaterSense certifications made by third parties; | (B) overseeing WaterSense certifications made by third parties; | |
| (C) conducting reviews of the use of the WaterSense label in the marketplace and taking corrective action in any case in which misuse of the label is identified; and | (C) conducting reviews of the use of the WaterSense label in the marketplace and taking corrective action in any case in which misuse of the label is identified; and | |
| (D) carrying out such other measures as the Administrator determines to be appropriate; | (D) carrying out such other measures as the Administrator determines to be appropriate; | |
| (5) regularly review and, if appropriate, update WaterSense criteria for categories of products, buildings, landscapes, facilities, processes, and services, at least once every 4 years; | (5) regularly review and, if appropriate, update WaterSense criteria for categories of products, buildings, landscapes, facilities, processes, and services, at least once every 4 years; | |
| (6) to the maximum extent practicable, regularly estimate and make available to the public the production and relative market shares of, and the savings of water, energy, and capital costs of water, wastewater, and stormwater infrastructure attributable to the use of WaterSense-labeled products, buildings, landscapes, facilities, processes, and services, at least annually; | (6) to the maximum extent practicable, regularly estimate and make available to the public the production and relative market shares of, and the savings of water, energy, and capital costs of water, wastewater, and stormwater infrastructure attributable to the use of WaterSense-labeled products, buildings, landscapes, facilities, processes, and services, at least annually; | |
| (7) solicit comments from interested parties and the public prior to establishing or revising a WaterSense category, specification, installation criterion, or other criterion | (7) solicit comments from interested parties and the public prior to establishing or revising a WaterSense category, specification, installation criterion, or other criterion | |
| (or prior to effective dates for any such category, specification, installation criterion, or other criterion); | (or prior to effective dates for any such category, specification, installation criterion, or other criterion); | |
| (8) provide reasonable notice to interested parties and the public of any changes | (8) provide reasonable notice to interested parties and the public of any changes | |
| (including effective dates), on the adoption of a new or revised cat egory, specification, installation criterion, or other criterion, along with— | (including effective dates), on the adoption of a new or revised cat egory, specification, installation criterion, or other criterion, along with— | |
| (A) an explanation of the changes; and | (A) an explanation of the changes; and | |
| (B) as appropriate, responses to comments submitted by interested parties and the public; | (B) as appropriate, responses to comments submitted by interested parties and the public; | |
| (9) provide appropriate lead time | (9) provide appropriate lead time | |
| (as determined by the Administrator) prior to the applicable effective date for a new or significant revision to a category, specification, installation criterion, or other criterion, taking into account the timing requirements of the manufacturing, marketing, training, and distribution process for the specific product, building and landscape, or service category addressed; | (as determined by the Administrator) prior to the applicable effective date for a new or significant revision to a category, specification, installation criterion, or other criterion, taking into account the timing requirements of the manufacturing, marketing, training, and distribution process for the specific product, building and landscape, or service category addressed; | |
| (10) identify and, if appropriate, implement other voluntary approaches in commercial, institutional, residential, industrial, and municipal sectors to encourage recycling and reuse technologies to improve water efficiency or lower water use; and | (10) identify and, if appropriate, implement other voluntary approaches in commercial, institutional, residential, industrial, and municipal sectors to encourage recycling and reuse technologies to improve water efficiency or lower water use; and | |
| (11) where appropriate, apply the WaterSense label to water-using products that are labeled by the Energy Star program implemented by the Administrator and the Secretary of Energy. | (11) where appropriate, apply the WaterSense label to water-using products that are labeled by the Energy Star program implemented by the Administrator and the Secretary of Energy. | |
| (c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section— | (c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section— | |
| (1) $7,500,000 for fiscal year 2010; | (1) $7,500,000 for fiscal year 2010; | |
| (2) $10,000,000 for fiscal year 2011; | (2) $10,000,000 for fiscal year 2011; | |
| (3) $20,000,000 for fiscal year 2012; | (3) $20,000,000 for fiscal year 2012; | |
| (4) $50,000,000 for fiscal year 2013; and | (4) $50,000,000 for fiscal year 2013; and | |
| (5) for each subsequent fiscal year, the applicable amount during the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. SEC. 142. FEDERAL PROCUREMENT OF WATER-EFFICIENT PRODUCTS. | (5) for each subsequent fiscal year, the applicable amount during the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. SEC. 142. FEDERAL PROCUREMENT OF WATER-EFFICIENT PRODUCTS. | |
| (a) DEFINITIONS.—In this section: | (a) DEFINITIONS.—In this section: | |
| (1) AGENCY.—The term ‘‘Agency’’ has the meaning given the term in section 7902 | (1) AGENCY.—The term ‘‘Agency’’ has the meaning given the term in section 7902 | |
| (a) of title 5, United States Code. | (a) of title 5, United States Code. | |
| (2) FEMP-DESIGNATED PRODUCT.—The term ‘‘FEMP-designated product’’ means a product that is designated under the Federal Energy Management Program of the Department of Energy as being among the highest 25 percent of equivalent products for efficiency. | (2) FEMP-DESIGNATED PRODUCT.—The term ‘‘FEMP-designated product’’ means a product that is designated under the Federal Energy Management Program of the Department of Energy as being among the highest 25 percent of equivalent products for efficiency. | |
| (3) PRODUCT, BUILDING, LANDSCAPE, FACILITY, PROCESS, AND SERVICE.—The terms ‘‘product’’, ‘‘building’’, ‘‘landscape’’, ‘‘facility’’, ‘‘process’’, and ‘‘service’’ do not include— | (3) PRODUCT, BUILDING, LANDSCAPE, FACILITY, PROCESS, AND SERVICE.—The terms ‘‘product’’, ‘‘building’’, ‘‘landscape’’, ‘‘facility’’, ‘‘process’’, and ‘‘service’’ do not include— | |
| (A) any water-using product, building, landscape, facility, process, or service designed or procured for combat or combat-related missions; or | (A) any water-using product, building, landscape, facility, process, or service designed or procured for combat or combat-related missions; or | |
| (B) any product, building, landscape, facility, process, or service already covered by the Federal procurement regulations established under section 553 of the National Energy Conservation Policy Act | (B) any product, building, landscape, facility, process, or service already covered by the Federal procurement regulations established under section 553 of the National Energy Conservation Policy Act | |
| (42 U.S.C. 8259b). | (42 U.S.C. 8259b). | |
| (4) WATERSENSE PRODUCT, BUILDING, LANDSCAPE, FACILITY, PROCESS, OR SERVICE.—The term ‘‘WaterSense product, building, landscape, facility, process, or service’’ means a product, building, landscape, facility, process, or service that is labeled for water efficiency under the WaterSense program. | (4) WATERSENSE PRODUCT, BUILDING, LANDSCAPE, FACILITY, PROCESS, OR SERVICE.—The term ‘‘WaterSense product, building, landscape, facility, process, or service’’ means a product, building, landscape, facility, process, or service that is labeled for water efficiency under the WaterSense program. | |
| (5) WATERSENSE PROGRAM.—The term ‘‘WaterSense program’’ means the program established by section 141. | (5) WATERSENSE PROGRAM.—The term ‘‘WaterSense program’’ means the program established by section 141. | |
| (b) PROCUREMENT OF WATER EFFICIENT PRODUCTS.— | (b) PROCUREMENT OF WATER EFFICIENT PRODUCTS.— | |
| (1) REQUIREMENT.— | (1) REQUIREMENT.— | |
| (A) IN GENERAL.—To meet the requirements of an agency for a water-using product, building, landscape, facility, process, or service, the head of an Agency shall, except as provided in paragraph | (A) IN GENERAL.—To meet the requirements of an agency for a water-using product, building, landscape, facility, process, or service, the head of an Agency shall, except as provided in paragraph | |
| (2), procure— | (2), procure— | |
| (i) a WaterSense product, building, landscape, facility, process, or service; or | (i) a WaterSense product, building, landscape, facility, process, or service; or | |
| (ii) a FEMP-designated product. | (ii) a FEMP-designated product. | |
| (B) SENSE OF CONGRESS REGARDING INSTALLATION PREFERENCES.—It is the sense of Congress that a WaterSense irrigation system should, to the maximum extent practicable, be installed and audited by a WaterSense-certified irrigation professional to ensure optimal performance. | (B) SENSE OF CONGRESS REGARDING INSTALLATION PREFERENCES.—It is the sense of Congress that a WaterSense irrigation system should, to the maximum extent practicable, be installed and audited by a WaterSense-certified irrigation professional to ensure optimal performance. | |
| (2) EXCEPTIONS.—The head of an Agency shall not be required to procure a WaterSense product, building, landscape, facility, process, or service or FEMP-designated product under paragraph | (2) EXCEPTIONS.—The head of an Agency shall not be required to procure a WaterSense product, building, landscape, facility, process, or service or FEMP-designated product under paragraph | |
| (1) if the head of the Agency finds in writing that— | (1) if the head of the Agency finds in writing that— | |
| (A) a WaterSense product, building, landscape, facility, process, or service or FEMP-des ignated product is not cost-effective over the life of the product, building, landscape, facility, process, or service, taking energy, water, and wastewater service cost savings into account; or | (A) a WaterSense product, building, landscape, facility, process, or service or FEMP-des ignated product is not cost-effective over the life of the product, building, landscape, facility, process, or service, taking energy, water, and wastewater service cost savings into account; or | |
| (B) no WaterSense product, building, landscape, facility, process, or service or FEMP-designated product is reasonably available that meets the functional requirements of the Agency. | (B) no WaterSense product, building, landscape, facility, process, or service or FEMP-designated product is reasonably available that meets the functional requirements of the Agency. | |
| (3) PROCUREMENT PLANNING.— | (3) PROCUREMENT PLANNING.— | |
| (A) IN GENERAL.—The head of an Agency shall incorporate criteria used for evaluating WaterSense products, buildings, landscapes, facilities, processes, and services and FEMP-designated products into— | (A) IN GENERAL.—The head of an Agency shall incorporate criteria used for evaluating WaterSense products, buildings, landscapes, facilities, processes, and services and FEMP-designated products into— | |
| (i) the specifications for all procurements involving water-using products, buildings, landscapes, facilities, processes, and systems, including guide specifications, project specifications, and construction, renovation, and services contracts that include provision of water-using products, buildings, landscapes, facilities, processes, and systems; and | (i) the specifications for all procurements involving water-using products, buildings, landscapes, facilities, processes, and systems, including guide specifications, project specifications, and construction, renovation, and services contracts that include provision of water-using products, buildings, landscapes, facilities, processes, and systems; and | |
| (ii) the factors for the evaluation of offers received for the procurement. | (ii) the factors for the evaluation of offers received for the procurement. | |
| (B) LISTING OF WATER-EFFICIENT PRODUCTS IN FEDERAL CATALOGS.—WaterSense products, buildings, landscapes, facilities, processes, and systems and FEMP-designated products shall be clearly identified and prominently displayed in any inventory or listing of products by the General Services Administration or the Defense Logistics Agency. | (B) LISTING OF WATER-EFFICIENT PRODUCTS IN FEDERAL CATALOGS.—WaterSense products, buildings, landscapes, facilities, processes, and systems and FEMP-designated products shall be clearly identified and prominently displayed in any inventory or listing of products by the General Services Administration or the Defense Logistics Agency. | |
| (C) ADDITIONAL MEASURES.—The head of an Agency shall consider, to the maximum extent practicable, additional measures for reducing Agency water use, including water reuse technologies, leak detection and repair, and use of waterless products that perform similar functions to existing water-using products. | (C) ADDITIONAL MEASURES.—The head of an Agency shall consider, to the maximum extent practicable, additional measures for reducing Agency water use, including water reuse technologies, leak detection and repair, and use of waterless products that perform similar functions to existing water-using products. | |
| (c) RETROFIT PROGRAMS.—The head of each Agency, working in coordination with the Administrator and the heads of such other Agencies as the President may designate, shall develop standards and implementation procedures for a building water efficiency retrofit program, which shall include the following elements: | (c) RETROFIT PROGRAMS.—The head of each Agency, working in coordination with the Administrator and the heads of such other Agencies as the President may designate, shall develop standards and implementation procedures for a building water efficiency retrofit program, which shall include the following elements: | |
| (1) EVALUATION OF PRODUCTS AND SYSTEMS.—Not later than 270 days after the date of enactment of this Act, each Agency shall evaluate water-consuming products and systems in buildings operated by such Agency and identify opportunities for retrofit and replacement of such products and systems with high-efficiency equipment, such as zero-water-consumption equipment, high-efficiency toilets, high-efficiency shower heads, and high-efficiency faucets, and other products that are certified as Watersense products or FEMP-designated products. | (1) EVALUATION OF PRODUCTS AND SYSTEMS.—Not later than 270 days after the date of enactment of this Act, each Agency shall evaluate water-consuming products and systems in buildings operated by such Agency and identify opportunities for retrofit and replacement of such products and systems with high-efficiency equipment, such as zero-water-consumption equipment, high-efficiency toilets, high-efficiency shower heads, and high-efficiency faucets, and other products that are certified as Watersense products or FEMP-designated products. | |
| (2) RETROFIT PLAN.—Not later than 360 days after the date of enactment of this Act, each Agency shall, in coordination with other appropriate Agencies and officials, prepare a water efficiency retrofit plan that shall, to the maximum extent practicable, maximize retrofitting of water-consuming products and systems and replacement with high-efficiency equipment described in paragraph | (2) RETROFIT PLAN.—Not later than 360 days after the date of enactment of this Act, each Agency shall, in coordination with other appropriate Agencies and officials, prepare a water efficiency retrofit plan that shall, to the maximum extent practicable, maximize retrofitting of water-consuming products and systems and replacement with high-efficiency equipment described in paragraph | |
| (1). | (1). | |
| (d) GUIDELINES.—Not later than 180 days after the date of enactment of this Act, the Administrator, working in coordination with the Secretary of Energy and the heads of such other Agencies as the President may designate, shall issue guidelines to carry out this section. SEC. 143. STATE RESIDENTIAL WATER EFFICIENCY AND CONSERVATION INCENTIVES PROGRAM. | (d) GUIDELINES.—Not later than 180 days after the date of enactment of this Act, the Administrator, working in coordination with the Secretary of Energy and the heads of such other Agencies as the President may designate, shall issue guidelines to carry out this section. SEC. 143. STATE RESIDENTIAL WATER EFFICIENCY AND CONSERVATION INCENTIVES PROGRAM. | |
| (a) DEFINITIONS.—In this section: | (a) DEFINITIONS.—In this section: | |
| (1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a State government, local or county government, tribal government, wastewater or sewerage utility, municipal water authority, energy utility, water utility, or nonprofit organization that meets the requirements of subsection | (1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a State government, local or county government, tribal government, wastewater or sewerage utility, municipal water authority, energy utility, water utility, or nonprofit organization that meets the requirements of subsection | |
| (b). | (b). | |
| (2) INCENTIVE PROGRAM.—The term ‘‘incentive program’’ means a program for administering financial incentives for consumer purchase and installation of water-efficient products, buildings | (2) INCENTIVE PROGRAM.—The term ‘‘incentive program’’ means a program for administering financial incentives for consumer purchase and installation of water-efficient products, buildings | |
| (including New Water-Efficient Homes), landscapes, processes, or services described in subsection | (including New Water-Efficient Homes), landscapes, processes, or services described in subsection | |
| (b) | (b) | |
| (1). | (1). | |
| (3) RESIDENTIAL WATER-EFFICIENT PRODUCT, BUILDING, LANDSCAPE, PROCESS, OR SERVICE.— | (3) RESIDENTIAL WATER-EFFICIENT PRODUCT, BUILDING, LANDSCAPE, PROCESS, OR SERVICE.— | |
| (A) IN GENERAL.—The term ‘‘residential water-efficient product, building, landscape, process, or service’’ means a product, building, landscape, process, or service for a residence or its landscape that is rated for water efficiency and performance— | (A) IN GENERAL.—The term ‘‘residential water-efficient product, building, landscape, process, or service’’ means a product, building, landscape, process, or service for a residence or its landscape that is rated for water efficiency and performance— | |
| (i) by the WaterSense program; or | (i) by the WaterSense program; or | |
| (ii) if a WaterSense specification does not exist, by the Energy Star program or an incentive program approved by the Administrator. | (ii) if a WaterSense specification does not exist, by the Energy Star program or an incentive program approved by the Administrator. | |
| (B) INCLUSIONS.—The term ‘‘residential water-efficient product, building, landscape, process, or service’’ includes— | (B) INCLUSIONS.—The term ‘‘residential water-efficient product, building, landscape, process, or service’’ includes— | |
| (i) faucets; | (i) faucets; | |
| (ii) irrigation technologies and services; | (ii) irrigation technologies and services; | |
| (iii) point-of-use water treatment devices; | (iii) point-of-use water treatment devices; | |
| (iv) reuse and recycling technologies; | (iv) reuse and recycling technologies; | |
| (v) toilets; | (v) toilets; | |
| (vi) clothes washers; | (vi) clothes washers; | |
| (vii) dishwashers; | (vii) dishwashers; | |
| (viii) showerheads; | (viii) showerheads; | |
| (ix) xeriscaping and other landscape conversions that replace irrigated turf; and | (ix) xeriscaping and other landscape conversions that replace irrigated turf; and | |
| (x) New Water Efficient Homes certified by the WaterSense program. | (x) New Water Efficient Homes certified by the WaterSense program. | |
| (4) WATERSENSE PROGRAM.—The term ‘‘WaterSense program’’ means the program established by section 141. | (4) WATERSENSE PROGRAM.—The term ‘‘WaterSense program’’ means the program established by section 141. | |
| (b) ELIGIBLE ENTITIES.—An entity shall be eligible to receive an allocation under subsection | (b) ELIGIBLE ENTITIES.—An entity shall be eligible to receive an allocation under subsection | |
| (c) if the entity— | (c) if the entity— | |
| (1) establishes | (1) establishes | |
| (or has established) an incentive program to provide financial incentives to residential consumers for the purchase of residential water-efficient products, buildings, landscapes, processes, or services; | (or has established) an incentive program to provide financial incentives to residential consumers for the purchase of residential water-efficient products, buildings, landscapes, processes, or services; | |
| (2) submits an application for the allocation at such time, in such form, and containing such information as the Administrator may require; and | (2) submits an application for the allocation at such time, in such form, and containing such information as the Administrator may require; and | |
| (3) provides assurances satisfactory to the Administrator that the entity will use the allocation to supplement, but not supplant, funds made available to carry out the incentive program. | (3) provides assurances satisfactory to the Administrator that the entity will use the allocation to supplement, but not supplant, funds made available to carry out the incentive program. | |
| (c) AMOUNT OF ALLOCATIONS.—For each fiscal year, the Administrator shall determine the amount to allocate to each eligible entity to carry out subsection | (c) AMOUNT OF ALLOCATIONS.—For each fiscal year, the Administrator shall determine the amount to allocate to each eligible entity to carry out subsection | |
| (d), taking into consideration— | (d), taking into consideration— | |
| (1) the population served by the eligible entity during the most recent calendar year for which data are available; | (1) the population served by the eligible entity during the most recent calendar year for which data are available; | |
| (2) the targeted population of the incentive program of the eligible entity, such as general households, low-income households, or first-time homeowners, and the probable effectiveness of the incentive program for that population; | (2) the targeted population of the incentive program of the eligible entity, such as general households, low-income households, or first-time homeowners, and the probable effectiveness of the incentive program for that population; | |
| (3) for existing programs, the effectiveness of the program in encouraging the adoption of waterefficient products, buildings, landscapes, facilities, processes, and services; | (3) for existing programs, the effectiveness of the program in encouraging the adoption of waterefficient products, buildings, landscapes, facilities, processes, and services; | |
| (4) any allocation to the eligible entity for a preceding fiscal year that remains unused; and | (4) any allocation to the eligible entity for a preceding fiscal year that remains unused; and | |
| (5) the per capita water demand of the population served by the eligible entity during the most recent calendar year for which data are available and the accessibility of water supplies to such entity. | (5) the per capita water demand of the population served by the eligible entity during the most recent calendar year for which data are available and the accessibility of water supplies to such entity. | |
| (d) USE OF ALLOCATED FUNDS.—Funds allocated to an eligible entity under subsection | (d) USE OF ALLOCATED FUNDS.—Funds allocated to an eligible entity under subsection | |
| (c) may be used to pay up to 50 percent of the cost of establishing and carrying out an incentive program. | (c) may be used to pay up to 50 percent of the cost of establishing and carrying out an incentive program. | |
| (e) FIXTURE RECYCLING.—Eligible entities are encouraged to promote or implement fixture recycling programs to manage the disposal of older fixtures replaced due to the incentive program under this section. | (e) FIXTURE RECYCLING.—Eligible entities are encouraged to promote or implement fixture recycling programs to manage the disposal of older fixtures replaced due to the incentive program under this section. | |
| (f) ISSUANCE OF INCENTIVES.— | (f) ISSUANCE OF INCENTIVES.— | |
| (1) IN GENERAL.—Financial incentives may be provided to residential consumers that meet the requirements of the applicable incentive program. | (1) IN GENERAL.—Financial incentives may be provided to residential consumers that meet the requirements of the applicable incentive program. | |
| (2) MANNER OF ISSUANCE.—An eligible entity may— | (2) MANNER OF ISSUANCE.—An eligible entity may— | |
| (A) issue all financial incentives directly to residential consumers; or | (A) issue all financial incentives directly to residential consumers; or | |
| (B) with approval of the Administrator, delegate all or part of financial incentive administration to other organizations, including local governments, municipal water authorities, water utilities, and non-profit organizations. | (B) with approval of the Administrator, delegate all or part of financial incentive administration to other organizations, including local governments, municipal water authorities, water utilities, and non-profit organizations. | |
| (3) AMOUNT.—The amount of a financial incentive shall be determined by the eligible entity, taking into consideration— | (3) AMOUNT.—The amount of a financial incentive shall be determined by the eligible entity, taking into consideration— | |
| (A) the amount of any Federal or State incentive available for the purchase of the residential water-efficient product or service; | (A) the amount of any Federal or State incentive available for the purchase of the residential water-efficient product or service; | |
| (B) the amount necessary to change consumer behavior to purchase water-efficient products and services; and | (B) the amount necessary to change consumer behavior to purchase water-efficient products and services; and | |
| (C) the consumer expenditures for onsite preparation, assembly, and original installation of the product. | (C) the consumer expenditures for onsite preparation, assembly, and original installation of the product. | |
| (g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Administrator to carry out this section— | (g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Administrator to carry out this section— | |
| (1) $100,000,000 for fiscal year 2010; | (1) $100,000,000 for fiscal year 2010; | |
| (2) $150,000,000 for fiscal year 2011; | (2) $150,000,000 for fiscal year 2011; | |
| (3) $200,000,000 for fiscal year 2012; | (3) $200,000,000 for fiscal year 2012; | |
| (4) $150,000,000 for fiscal year 2013; | (4) $150,000,000 for fiscal year 2013; | |
| (5) $100,000,000 for fiscal year 2014; and | (5) $100,000,000 for fiscal year 2014; and | |
| (6) for each subsequent fiscal year, the applicable amount during the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. Subtitle E—Miscellaneous SEC. 151. OFFICE OF CONSUMER ADVOCACY. | (6) for each subsequent fiscal year, the applicable amount during the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. Subtitle E—Miscellaneous SEC. 151. OFFICE OF CONSUMER ADVOCACY. | |
| <> | (a) DEFINITIONS.—In this section: | |
| (1) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’ means the Consumer Advocacy Advisory Committee established under subsection | ||
| (c) | ||
| (1). | ||
| (2) COMMISSION.—The term ‘‘Commission’’ means the Federal Energy Regulatory Commission. | ||
| (3) ENERGY CUSTOMER.—The term ‘‘energy customer’’ means a residential customer or a small commercial customer that receives products or services from a public utility or natural gas company under the jurisdiction of the Commission. | ||
| (4) NATURAL GAS COMPANY.—The term ‘‘natural gas company’’ has the meaning given the term in section 2 of the Natural Gas Act | ||
| (15 U.S.C. 17a). | ||
| (5) OFFICE.—The term ‘‘Office’’ means the Office of Consumer Advocacy established by subsection | ||
| (b) | ||
| (1). | ||
| (6) PUBLIC UTILITY.—The term ‘‘public utility’’ has the meaning given the term in section 01 | ||
| (e) of the Federal Power Act | ||
| (16 U.S.C. 824 | ||
| (e)). | ||
| (7) SMALL COMMERCIAL CUSTOMER.—The term ‘‘small commercial customer’’ means a commercial customer that has a peak demand of not more than 1,000 kilowatts per hour. | ||
| (a) OFFICE.— | (b) OFFICE.— | |
| (1) ESTABLISHMENT.—There is established an Office of Consumer Advocacy to serve as an advocate for the public interest. | = | (1) ESTABLISHMENT.—There is established an Office of Consumer Advocacy to serve as an advocate for the public interest. |
| (2) DIRECTOR.—The Office shall be headed by a Director to be appointed by the President, who is admitted to the Federal Bar, with experience in public utility proceedings, and by and with the advice and consent of the Senate. | (2) DIRECTOR.—The Office shall be headed by a Director to be appointed by the President, who is admitted to the Federal Bar, with experience in public utility proceedings, and by and with the advice and consent of the Senate. | |
| (3) DUTIES.—The Office may— | (3) DUTIES.—The Office may— | |
| (A) represent, and appeal on behalf of, energy customers on matters concerning rates or service of public utilities and natural gas com panies under the jurisdiction of the Commission— | (A) represent, and appeal on behalf of, energy customers on matters concerning rates or service of public utilities and natural gas com panies under the jurisdiction of the Commission— | |
| (i) at hearings of the Commission; | (i) at hearings of the Commission; | |
| (ii) in judicial proceedings in the courts of the United States; and | (ii) in judicial proceedings in the courts of the United States; and | |
| (iii) at hearings or proceedings of other Federal regulatory agencies and commissions; | (iii) at hearings or proceedings of other Federal regulatory agencies and commissions; | |
| (B) monitor and review energy customer complaints and grievances on matters concerning rates or service of public utilities and natural gas companies under the jurisdiction of the Commission; | (B) monitor and review energy customer complaints and grievances on matters concerning rates or service of public utilities and natural gas companies under the jurisdiction of the Commission; | |
| (C) investigate independently, or within the context of formal proceedings, the services provided by, the rates charged by, and the valuation of the properties of, public utilities and natural gas companies under the jurisdiction of the Commission; | (C) investigate independently, or within the context of formal proceedings, the services provided by, the rates charged by, and the valuation of the properties of, public utilities and natural gas companies under the jurisdiction of the Commission; | |
| (D) develop means, such as public dissemination of information, consultative services, and technical assistance, to ensure, to the maximum extent practicable, that the interests of energy consumers are adequately represented in the course of any hearing or proceeding described in subparagraph | (D) develop means, such as public dissemination of information, consultative services, and technical assistance, to ensure, to the maximum extent practicable, that the interests of energy consumers are adequately represented in the course of any hearing or proceeding described in subparagraph | |
| (A); | (A); | |
| (E) collect data concerning rates or service of public utilities and natural gas companies under the jurisdiction of the Commission; and | (E) collect data concerning rates or service of public utilities and natural gas companies under the jurisdiction of the Commission; and | |
| (F) prepare and issue reports and recommendations. | (F) prepare and issue reports and recommendations. | |
| (4) COMPENSATION AND POWERS.—The Director may— | (4) COMPENSATION AND POWERS.—The Director may— | |
| (A) employ and fix the compensation of such staff personnel as is deemed necessary; and | (A) employ and fix the compensation of such staff personnel as is deemed necessary; and | |
| (B) procure temporary and intermittent services as needed. | (B) procure temporary and intermittent services as needed. | |
| (5) ACCESS TO INFORMATION.—Each department, agency, and instrumentality of the Federal Government is authorized and directed to furnish to the Director such reports and other information as he deems necessary to carry out his functions under this section. | (5) ACCESS TO INFORMATION.—Each department, agency, and instrumentality of the Federal Government is authorized and directed to furnish to the Director such reports and other information as he deems necessary to carry out his functions under this section. | |
| (b) CONSUMER ADVOCACY ADVISORY COMMITTEE.— | <> | (c) CONSUMER ADVOCACY ADVISORY COMMITTEE.— |
| (1) ESTABLISHMENT.—The Director shall establish an advisory committee to be known as Consumer Advocacy Advisory Committee | ||
| (in this section referred to as the ‘‘Advisory Committee’’) to review rates, services, and disputes and to make recommendations to the Director. | (1) ESTABLISHMENT.—The Director shall establish an advisory committee, to be known as Consumer Advocacy Advisory Committee, to review rates, services, and disputes and to make recommendations to the Director. | |
| (2) COMPOSITION.—The Director shall appoint members to the Advisory Committee including— | = | (2) COMPOSITION.—The Director shall appoint members to the Advisory Committee including— |
| (A) 2 individuals representing State Utility Consumer Advocates; and | (A) 2 individuals representing State Utility Consumer Advocates; and | |
| (B) 1 individual, from a nongovernmental organization, representing consumers. | (B) 1 individual, from a nongovernmental organization, representing consumers. | |
| (3) MEETINGS.—The Advisory Committee shall meet at such frequency as may be required to carry out its duties. | (3) MEETINGS.—The Advisory Committee shall meet at such frequency as may be required to carry out its duties. | |
| (4) REPORTS.—The Director shall provide for publication of recommendations of the Advisory Committee on the public website established for the Office. | (4) REPORTS.—The Director shall provide for publication of recommendations of the Advisory Committee on the public website established for the Office. | |
| (5) DURATION.—Notwithstanding any other provision of law, the Advisory Committee shall continue in operation during the period in which the Office exists. | (5) DURATION.—Notwithstanding any other provision of law, the Advisory Committee shall continue in operation during the period in which the Office exists. | |
| (6) APPLICATION OF FACA.—Except as otherwise specifically provided, the Advisory Committee shall be subject to the Federal Advisory Committee Act. | (6) APPLICATION OF FACA.—Except as otherwise specifically provided, the Advisory Committee shall be subject to the Federal Advisory Committee Act. | |
| (c) DEFINITIONS.—In this section: | +- | |
| (1) COMMISSION.—The term ‘‘Commission’’ means the Federal Energy Regulatory Commission. | ||
| (2) ENERGY CUSTOMER.—The term ‘‘energy customer’’ means a residential customer or a small commercial customer that receives products or services from a public utility or natural gas company under the jurisdiction of the Commission. | ||
| (3) NATURAL GAS COMPANY.—The term ‘‘natural gas company’’ has the meaning given the term in section 2 of the Natural Gas Act | ||
| (15 U.S.C. 717a). | ||
| (4) OFFICE.—The term ‘‘Office’’ means the Office of Consumer Advocacy established by subsection | ||
| (a) | ||
| (1). | ||
| (5) PUBLIC UTILITY.—The term ‘‘public utility’’ has the meaning given the term in section 201 | ||
| (e) of the Federal Power Act | ||
| (16 U.S.C. 824 | ||
| (e)). | ||
| (6) SMALL COMMERCIAL CUSTOMER.—The term ‘‘small commercial customer’’ means a commercial customer that has a peak demand of not more than 1,000 kilowatts per hour. | ||
| (d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized such sums as necessary to carry out this section. | = | (d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized such sums as necessary to carry out this section. |
| (e) SAVINGS CLAUSE.—Nothing in this section affects the rights or obligations of State Utility Consumer Advocates. SEC. 152. CLEAN TECHNOLOGY BUSINESS COMPETITION GRANT PROGRAM. | (e) SAVINGS CLAUSE.—Nothing in this section affects the rights or obligations of State Utility Consumer Advocates. SEC. 152. CLEAN TECHNOLOGY BUSINESS COMPETITION GRANT PROGRAM. | |
| (a) IN GENERAL.—The Administrator may provide grants to organizations to conduct business competitions that provide incentives, training, and mentorship to entrepreneurs and early stage start-up companies throughout the United States to meet high-priority economic, environmental, and energy goals in areas including air quality, energy efficiency and renewable energy, transportation, water quality and conservation, green buildings, and waste management. | (a) IN GENERAL.—The Administrator may provide grants to organizations to conduct business competitions that provide incentives, training, and mentorship to entrepreneurs and early stage start-up companies throughout the United States to meet high-priority economic, environmental, and energy goals in areas including air quality, energy efficiency and renewable energy, transportation, water quality and conservation, green buildings, and waste management. | |
| (b) PURPOSES.— | (b) PURPOSES.— | |
| (1) IN GENERAL.—The competitions described in subsection | (1) IN GENERAL.—The competitions described in subsection | |
| (a) shall have the purposes of— | (a) shall have the purposes of— | |
| (A) accelerating the development and deployment of clean technology businesses and green jobs; | (A) accelerating the development and deployment of clean technology businesses and green jobs; | |
| (B) stimulating green economic development; | (B) stimulating green economic development; | |
| (C) providing business training and mentoring to early stage clean technology companies; and | (C) providing business training and mentoring to early stage clean technology companies; and | |
| (D) strengthening the competitiveness of United States clean technology industry in world trade markets. | (D) strengthening the competitiveness of United States clean technology industry in world trade markets. | |
| (2) PRIORITY.—Priority shall be given to business competitions that— | (2) PRIORITY.—Priority shall be given to business competitions that— | |
| (A) are led by the private sector; | (A) are led by the private sector; | |
| (B) encourage regional and interregional cooperation; and | (B) encourage regional and interregional cooperation; and | |
| (C) can demonstrate market-driven practices and the creation of cost-effective green jobs through an annual publication of competition activities and directory of companies. | (C) can demonstrate market-driven practices and the creation of cost-effective green jobs through an annual publication of competition activities and directory of companies. | |
| (c) ELIGIBILITY.— | (c) ELIGIBILITY.— | |
| (1) IN GENERAL.—To be eligible for a grant under this section, an organization shall be any sponsored entity of an organization described in subparagraph | (1) IN GENERAL.—To be eligible for a grant under this section, an organization shall be any sponsored entity of an organization described in subparagraph | |
| (A) that is operated as a nonprofit entity. | (A) that is operated as a nonprofit entity. | |
| (2) PRIORITY.—In making grants under this section, the Administrator shall give priority to organizations that can demonstrate broad funding support from private and other non-Federal funding sources to leverage Federal investment. | (2) PRIORITY.—In making grants under this section, the Administrator shall give priority to organizations that can demonstrate broad funding support from private and other non-Federal funding sources to leverage Federal investment. | |
| (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $20,000,000. SEC. 153. PRODUCT CARBON DISCLOSURE PROGRAM. | (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $20,000,000. SEC. 153. PRODUCT CARBON DISCLOSURE PROGRAM. | |
| (a) EPA STUDY.—The Administrator shall conduct a study to determine the feasibility of establishing a national program for measuring, reporting, publicly disclosing, and labeling products or materials sold in the United States for their carbon content, and shall, not later than 18 months after the date of enactment of this Act, transmit a report to Congress which shall include the following: | (a) EPA STUDY.—The Administrator shall conduct a study to determine the feasibility of establishing a national program for measuring, reporting, publicly disclosing, and labeling products or materials sold in the United States for their carbon content, and shall, not later than 18 months after the date of enactment of this Act, transmit a report to Congress which shall include the following: | |
| (1) A determination of whether a national product carbon disclosure program and labeling program would be effective in achieving the intended goals of achieving greenhouse gas reductions and an examination of existing programs globally and their strengths and weaknesses. | (1) A determination of whether a national product carbon disclosure program and labeling program would be effective in achieving the intended goals of achieving greenhouse gas reductions and an examination of existing programs globally and their strengths and weaknesses. | |
| (2) Criteria for identifying and prioritizing sectors and products and processes that should be covered in such program or programs. | (2) Criteria for identifying and prioritizing sectors and products and processes that should be covered in such program or programs. | |
| (3) An identification of products, processes, or sectors whose inclusion could have a substantial carbon impact | (3) An identification of products, processes, or sectors whose inclusion could have a substantial carbon impact | |
| (prioritizing industrial products such as iron and steel, aluminum, cement, chemicals, and paper products, and also including food, beverage, hygiene, cleaning, household cleaners, construction, metals, clothing, semiconductor, and consumer electronics). | (prioritizing industrial products such as iron and steel, aluminum, cement, chemicals, and paper products, and also including food, beverage, hygiene, cleaning, household cleaners, construction, metals, clothing, semiconductor, and consumer electronics). | |
| (4) Suggested methodology and protocols for measuring the carbon content of the products across the entire carbon lifecycle of such products for use in a carbon disclosure program and labeling program. | (4) Suggested methodology and protocols for measuring the carbon content of the products across the entire carbon lifecycle of such products for use in a carbon disclosure program and labeling program. | |
| (5) A review of existing greenhouse gas product accounting standards, methodologies, and practices including the Greenhouse Gas Protocol, ISO 14040/ 4, ISO 14067, and Publically Available Specification 2050, and including a review of the strengths and weaknesses of each. | <> | (5) A review of existing greenhouse gas product accounting standards, methodologies, and practices including the Greenhouse Gas Protocol, ISO 14040/ 44, ISO 14067, and Publically Available Specification 2050, and including a review of the strengths and weaknesses of each. |
| (6) A survey of secondary databases including the Manufacturing Energy Consumption Survey, an evaluation of the quality of data for use in a product carbon disclosure program and product carbon labeling program, an identification of gaps in the data relative to the potential purposes of a national product carbon disclosure program and product carbon labeling program, and development of recommendations for addressing these data gaps. | = | (6) A survey of secondary databases including the Manufacturing Energy Consumption Survey, an evaluation of the quality of data for use in a product carbon disclosure program and product carbon labeling program, an identification of gaps in the data relative to the potential purposes of a national product carbon disclosure program and product carbon labeling program, and development of recommendations for addressing these data gaps. |
| (7) An assessment of the utility of comparing products and the appropriateness of product carbon standards. | (7) An assessment of the utility of comparing products and the appropriateness of product carbon standards. | |
| (8) An evaluation of the information needed on a label for clear and accurate communication, in cluding what pieces of quantitative and qualitative information need to be disclosed. | (8) An evaluation of the information needed on a label for clear and accurate communication, including what pieces of quantitative and qualitative information need to be disclosed. | |
| (9) An evaluation of the appropriate boundaries of the carbon lifecycle analysis for different sectors and products. | (9) An evaluation of the appropriate boundaries of the carbon lifecycle analysis for different sectors and products. | |
| (10) An analysis of whether default values should be developed for products whose producer does not participate in the program or does not have data to support a disclosure or label and a determination of the best ways to develop such default values. | (10) An analysis of whether default values should be developed for products whose producer does not participate in the program or does not have data to support a disclosure or label and a determination of the best ways to develop such default values. | |
| (11) A recommendation of certification and verification options necessary to assure the quality of the information and avoid greenwashing or the use of insubstantial or meaningless environmental claims to promote a product. | (11) A recommendation of certification and verification options necessary to assure the quality of the information and avoid greenwashing or the use of insubstantial or meaningless environmental claims to promote a product. | |
| (12) An assessment of options for educating consumers about product carbon content and the product carbon disclosure program and product carbon labeling program. | (12) An assessment of options for educating consumers about product carbon content and the product carbon disclosure program and product carbon labeling program. | |
| (13) An analysis of the costs and timelines associated with establishing a national product carbon disclosure program and product carbon labeling program, including options for a phased approach. Costs should include those for businesses associated with the measurement of carbon footprints and those associated with creating a product carbon label and managing and operating a product carbon labeling program, and options for minimizing these costs. | (13) An analysis of the costs and timelines associated with establishing a national product carbon disclosure program and product carbon labeling program, including options for a phased approach. Costs should include those for businesses associated with the measurement of carbon footprints and those associated with creating a product carbon label and managing and operating a product carbon labeling program, and options for minimizing these costs. | |
| (14) An evaluation of incentives | (14) An evaluation of incentives | |
| (such as financial incentives, brand reputation, and brand loyalty) to determine whether reductions in emissions can be accelerated through encouraging more efficient manufacturing or by encouraging preferences for loweremissions products to substitute for higher-emissions products whose level of performance is no better. | (such as financial incentives, brand reputation, and brand loyalty) to determine whether reductions in emissions can be accelerated through encouraging more efficient manufacturing or by encouraging preferences for loweremissions products to substitute for higher-emissions products whose level of performance is no better. | |
| (b) DEVELOPMENT OF NATIONAL CARBON DISCLOSURE PROGRAM.—Upon conclusion of the study, and not later than 3 years after the date of enactment of this Act, the Administrator shall establish a national product carbon disclosure program, participation in which shall be voluntary, and which may involve a product carbon label with broad applicability to the wholesale and consumer markets to enable and encourage knowledge about carbon content by producers and consumers and to inform efforts to reduce energy consumption | (b) DEVELOPMENT OF NATIONAL CARBON DISCLOSURE PROGRAM.—Upon conclusion of the study, and not later than 3 years after the date of enactment of this Act, the Administrator shall establish a national product carbon disclosure program, participation in which shall be voluntary, and which may involve a product carbon label with broad applicability to the wholesale and consumer markets to enable and encourage knowledge about carbon content by producers and consumers and to inform efforts to reduce energy consumption | |
| (carbon dioxide equivalent emissions) nationwide. In developing such a program, the Administrator shall— | (carbon dioxide equivalent emissions) nationwide. In developing such a program, the Administrator shall— | |
| (1) consider the results of the study conducted under subsection | (1) consider the results of the study conducted under subsection | |
| (a); | (a); | |
| (2) consider existing and planned programs and proposals and measurement standards | (2) consider existing and planned programs and proposals and measurement standards | |
| (including the Publicly Available Specification 2050, standards to be developed by the World Resource Institute/World Business Council for Sustainable Development, the International Standards Organization, and the bill AB19 pending in the California legislature as of the date of enactment of this Act); | (including the Publicly Available Specification 2050, standards to be developed by the World Resource Institute/World Business Council for Sustainable Development, the International Standards Organization, and the bill AB19 pending in the California legislature as of the date of enactment of this Act); | |
| (3) consider the compatibility of a national product carbon disclosure program with existing programs; | (3) consider the compatibility of a national product carbon disclosure program with existing programs; | |
| (4) utilize incentives and other means to spur the adoption of product carbon disclosure and product carbon labeling; | (4) utilize incentives and other means to spur the adoption of product carbon disclosure and product carbon labeling; | |
| (5) develop protocols and parameters for a product carbon disclosure program, including a methodology and formula for assessing, verifying, and potentially labeling a product’s greenhouse gas content, and for data quality requirements to allow for product comparison; | (5) develop protocols and parameters for a product carbon disclosure program, including a methodology and formula for assessing, verifying, and potentially labeling a product’s greenhouse gas content, and for data quality requirements to allow for product comparison; | |
| (6) create a means to— | (6) create a means to— | |
| (A) document best practices; | (A) document best practices; | |
| (B) ensure clarity and consistency; | (B) ensure clarity and consistency; | |
| (C) work with suppliers, manufacturers, and retailers to encourage participation; | (C) work with suppliers, manufacturers, and retailers to encourage participation; | |
| (D) ensure that protocols are consistent and comparable across like products; and | (D) ensure that protocols are consistent and comparable across like products; and | |
| (E) evaluate the effectiveness of the program; | (E) evaluate the effectiveness of the program; | |
| (7) make publicly available information on product carbon content to ensure transparency; | (7) make publicly available information on product carbon content to ensure transparency; | |
| (8) provide for public outreach, including a consumer education program to increase awareness; | (8) provide for public outreach, including a consumer education program to increase awareness; | |
| (9) develop training and education programs to help businesses learn how to measure and communicate their carbon footprint and easy tools and templates for businesses to use to reduce cost and time to measure their products’ carbon lifecycle; | (9) develop training and education programs to help businesses learn how to measure and communicate their carbon footprint and easy tools and templates for businesses to use to reduce cost and time to measure their products’ carbon lifecycle; | |
| (10) consult with the Secretary of Energy, the Secretary of Commerce, the Federal Trade Commission, and other Federal agencies, as necessary; | (10) consult with the Secretary of Energy, the Secretary of Commerce, the Federal Trade Commission, and other Federal agencies, as necessary; | |
| (11) gather input from stakeholders through consultations, public workshops, or hearings with representatives of consumer product manufacturers, consumer groups, and environmental groups; | (11) gather input from stakeholders through consultations, public workshops, or hearings with representatives of consumer product manufacturers, consumer groups, and environmental groups; | |
| (12) utilize systems for verification and product certification that will ensure that claims manufacturers make about their products are valid; | (12) utilize systems for verification and product certification that will ensure that claims manufacturers make about their products are valid; | |
| (13) create a process for reviewing the accuracy of product carbon label information and protecting the product carbon label in the case of a change in the product’s energy source, supply chain, ingredients, or other factors, and specify the frequency to which data should be updated; and | (13) create a process for reviewing the accuracy of product carbon label information and protecting the product carbon label in the case of a change in the product’s energy source, supply chain, ingredients, or other factors, and specify the frequency to which data should be updated; and | |
| (14) develop a standardized, easily understandable carbon label, if appropriate, and create a process for responding to inaccuracies and misuses of such a label. | (14) develop a standardized, easily understandable carbon label, if appropriate, and create a process for responding to inaccuracies and misuses of such a label. | |
| (c) REPORT TO CONGRESS.—Not later than 5 years after the program is established pursuant to subsection | (c) REPORT TO CONGRESS.—Not later than 5 years after the program is established pursuant to subsection | |
| (b), the Administrator shall report to Congress on the effectiveness and impact of the program, the level of voluntary participation, and any recommendations for additional measures. | (b), the Administrator shall report to Congress on the effectiveness and impact of the program, the level of voluntary participation, and any recommendations for additional measures. | |
| (d) DEFINITIONS.—In this section: | (d) DEFINITIONS.—In this section: | |
| (1) The term ‘‘carbon content’’ means the quantity of greenhouse gas emissions and the warming impact of those emissions on the atmosphere expressed in carbon dioxide equivalent associated with a product’s value chain. | (1) The term ‘‘carbon content’’ means the quantity of greenhouse gas emissions and the warming impact of those emissions on the atmosphere expressed in carbon dioxide equivalent associated with a product’s value chain. | |
| (2) The term ‘‘carbon footprint’’ means the level of greenhouse gas emissions produced by a particular activity, service, or entity. | (2) The term ‘‘carbon footprint’’ means the level of greenhouse gas emissions produced by a particular activity, service, or entity. | |
| (3) The term ‘‘carbon lifecycle’’ means the greenhouse gas emissions that are released as part of the processes of creating, producing, processing, manufacturing, modifying, transporting, distributing, storing, using, recycling, or disposing of goods and services. | (3) The term ‘‘carbon lifecycle’’ means the greenhouse gas emissions that are released as part of the processes of creating, producing, processing, manufacturing, modifying, transporting, distributing, storing, using, recycling, or disposing of goods and services. | |
| (e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Administrator— | (e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Administrator— | |
| (1) to carry out the study required by subsection | (1) to carry out the study required by subsection | |
| (a), $5,000,000; and | (a), $5,000,000; and | |
| (2) to carry out the program required under subsection | (2) to carry out the program required under subsection | |
| (b), $25,000,000 for each of fiscal years 2010 through 2025. SEC. 154. STATE RECYCLING PROGRAMS. | (b), $25,000,000 for each of fiscal years 2010 through 2025. SEC. 154. STATE RECYCLING PROGRAMS. | |
| (a) ESTABLISHMENT.—The Administrator shall establish a State Recycling Program governing the use of funds by States in accordance with this Act. | (a) ESTABLISHMENT.—The Administrator shall establish a State Recycling Program governing the use of funds by States in accordance with this Act. | |
| (b) USE OF FUNDING.— | (b) USE OF FUNDING.— | |
| (1) IN GENERAL.—States receiving funding to carry out this section shall use the proceeds to carry out recycling programs in accordance with this section. | (1) IN GENERAL.—States receiving funding to carry out this section shall use the proceeds to carry out recycling programs in accordance with this section. | |
| (2) COUNTY AND MUNICIPAL PROGRAMS.—Not less than 1/4 of the funding made available to a State to carry out this section shall be distributed by the State to county and municipal recycling programs as described in subsection | (2) COUNTY AND MUNICIPAL PROGRAMS.—Not less than 1/4 of the funding made available to a State to carry out this section shall be distributed by the State to county and municipal recycling programs as described in subsection | |
| (c) | (c) | |
| <> | (1) | |
| (1), to be used exclusively to support recycling purposes and associated source reduction purposes, including to provide incentives— | (unless the State does not have county and municipality programs, in which case the funding shall be made available to the State program), to be used exclusively to support recycling purposes and associated source reduction purposes, including to provide incentives— | |
| (A) for recycling-related technology that— | = | (A) for recycling-related technology that— |
| (i) reduces or avoids greenhouse gas emissions; | (i) reduces or avoids greenhouse gas emissions; | |
| (ii) increases collection rates; and | (ii) increases collection rates; and | |
| (iii) improves the quality of recyclable material that is separated from solid waste; | (iii) improves the quality of recyclable material that is separated from solid waste; | |
| (B) for energy-efficiency projects for transportation fleets and recycling equipment used to collect and sort recyclable material separated from solid waste; | (B) for energy-efficiency projects for transportation fleets and recycling equipment used to collect and sort recyclable material separated from solid waste; | |
| (C) for recycling program-related expenses, including— | (C) for recycling program-related expenses, including— | |
| (i) education and job training; | (i) education and job training; | |
| (ii) development and implementation of variable rate | (ii) development and implementation of variable rate | |
| (commonly referred to as ‘‘pay-as-you-throw’’) recycling programs and anaerobic digestion programs; | (commonly referred to as ‘‘pay-as-you-throw’’) recycling programs and anaerobic digestion programs; | |
| (iii) promotion of public space recycling programs; | (iii) promotion of public space recycling programs; | |
| (iv) approaches for assuring compliance with recycling requirements; and | (iv) approaches for assuring compliance with recycling requirements; and | |
| (v) development or implementation of best practices for municipal solid waste reduction programs; and | (v) development or implementation of best practices for municipal solid waste reduction programs; and | |
| (D) to ensure that recyclable material is not sent for disposal or incineration during fluctuating markets. | (D) to ensure that recyclable material is not sent for disposal or incineration during fluctuating markets. | |
| (3) RECYCLING FACILITIES.—Not less than 1/of the funding made available to a State to carry out this section shall be distributed by the State to eligible recycling facilities as described in subsection | (3) RECYCLING FACILITIES.—Not less than 1/of the funding made available to a State to carry out this section shall be distributed by the State to eligible recycling facilities as described in subsection | |
| (c) | (c) | |
| (2) to be used exclusively to support the recycling purposes and associated source reduction purposes of the facilities, including to provide— | (2) to be used exclusively to support the recycling purposes and associated source reduction purposes of the facilities, including to provide— | |
| (A) incentives for the demonstration or deployment of recycling-related technology and equipment that reduce or avoid greenhouse gas emissions; | (A) incentives for the demonstration or deployment of recycling-related technology and equipment that reduce or avoid greenhouse gas emissions; | |
| (B) incentives to facilities that increase the quantity and quality of recyclable material that is recycled versus sent for disposal or incineration; | (B) incentives to facilities that increase the quantity and quality of recyclable material that is recycled versus sent for disposal or incineration; | |
| (C) funding for research, management, and removal of impediments to recycling, including— | (C) funding for research, management, and removal of impediments to recycling, including— | |
| (i) radioactive material; and | (i) radioactive material; and | |
| (ii) devices or materials that contain polychlorinated biphenyls, mercury, or chlorofluorocarbons; | (ii) devices or materials that contain polychlorinated biphenyls, mercury, or chlorofluorocarbons; | |
| (D) funding for research on, and development and deployment of, new technologies to more efficiently and effectively recycle items such as automobile shredder residue, cathode ray tubes, plastics, and tires; and | (D) funding for research on, and development and deployment of, new technologies to more efficiently and effectively recycle items such as automobile shredder residue, cathode ray tubes, plastics, and tires; and | |
| (E) incentives to recycle materials identified by the Administrator that are not being recycled at a recycling facility. | (E) incentives to recycle materials identified by the Administrator that are not being recycled at a recycling facility. | |
| (4) MANUFACTURING FACILITIES.—Not less than 1/4 of the funding made available to a State to carry out this section shall be distributed by the State to eligible manufacturing facilities as described in subsection | (4) MANUFACTURING FACILITIES.—Not less than 1/4 of the funding made available to a State to carry out this section shall be distributed by the State to eligible manufacturing facilities as described in subsection | |
| (c) | (c) | |
| (3) to be used exclusively to support recycling purposes, including to provide incentives for the demonstration or deployment of— | (3) to be used exclusively to support recycling purposes, including to provide incentives for the demonstration or deployment of— | |
| (A) manufacturing-related technology and equipment that would increase the use of recyclable material and avoid or reduce greenhouse gas emissions; | (A) manufacturing-related technology and equipment that would increase the use of recyclable material and avoid or reduce greenhouse gas emissions; | |
| (B) radiation detection equipment and the costs associated with recovery of detected radiated recyclable material; | (B) radiation detection equipment and the costs associated with recovery of detected radiated recyclable material; | |
| (C) technologies that will detect and separate contaminants, including mercury-, lead-, and cadmium-containing devices; | (C) technologies that will detect and separate contaminants, including mercury-, lead-, and cadmium-containing devices; | |
| (D) strategies and technologies to remove impediments to recovering recyclable material; and | (D) strategies and technologies to remove impediments to recovering recyclable material; and | |
| (E) strategies and technologies to improve the energy efficiency of technology and equipment used to manufacture recyclable material. | (E) strategies and technologies to improve the energy efficiency of technology and equipment used to manufacture recyclable material. | |
| (c) ELIGIBILITY REQUIREMENTS.— | (c) ELIGIBILITY REQUIREMENTS.— | |
| (1) COUNTY AND MUNICIPALITY PROGRAMS.— Funds provided under subsection | (1) COUNTY AND MUNICIPALITY PROGRAMS.— Funds provided under subsection | |
| (b) | (b) | |
| (2) shall be provided on a competitive basis to county and municipal recycling programs that— | (2) shall be provided on a competitive basis to county and municipal recycling programs that— | |
| (A) have within the solid waste management plans of the programs a recycling management plan that includes an education outreach program for the individuals and entities served by the program constituency that highlights the lifecycle benefits of recycling; and | (A) have within the solid waste management plans of the programs a recycling man agement plan that includes an education outreach program for the individuals and entities served by the program constituency that highlights the lifecycle benefits of recycling; and | |
| (B) collect at least 5 recyclable materials, such as— | (B) collect at least 5 recyclable materials, such as— | |
| (i) ferrous and nonferrous metal; | (i) ferrous and nonferrous metal; | |
| (ii) aluminum; | (ii) aluminum; | |
| (iii) plastic; | (iii) plastic; | |
| (iv) tires and rubber; | (iv) tires and rubber; | |
| (v) household electronic equipment; | (v) household electronic equipment; | |
| (vi) glass; | (vi) glass; | |
| (vii) scrap food; | (vii) scrap food; | |
| (viii) recoverable fiber or paper; and | (viii) recoverable fiber or paper; and | |
| (ix) textiles; | (ix) textiles; | |
| (C) demonstrate, not later than 3 years after the date of receipt of funds under this subtitle, reasonable progress toward achieving— | (C) demonstrate, not later than 3 years after the date of receipt of funds under this subtitle, reasonable progress toward achieving— | |
| (i) a collection rate goal of at least percent of the total recyclable materials available from the solid waste stream in the requesting State, county, or municipal program; or | (i) a collection rate goal of at least percent of the total recyclable materials available from the solid waste stream in the requesting State, county, or municipal program; or | |
| (ii) a 10-percent increase of collected recyclable materials compared to the total solid waste stream in the requesting State, county, or municipal program; and | (ii) a 10-percent increase of collected recyclable materials compared to the total solid waste stream in the requesting State, county, or municipal program; and | |
| (D) | (D) | |
| (i) own, operate, or contract to operate— | <> | (i) own, operate, or contract to operate or more of— |
| (I) a curbside recyclables collection program; | = | (I) a curbside recyclables collection program; |
| (II) a redemption center or drop-off facility for recyclables; and | <> | (II) a redemption center or drop-off facility for recyclables; or |
| (III) a materials recovery facility; and | = | (III) a materials recovery facility; and |
| (ii) have in place a quality, environmental, health, and safety management system | (ii) have in place a quality, environmental, health, and safety management system | |
| (such as that of the International Standards Organization or an equivalent) that includes goals to reduce the operational carbon baselines of the programs. | (such as that of the International Standards Organization or an equivalent) that includes goals to reduce the operational carbon baselines of the programs. | |
| (2) RECYCLING FACILITY.—Funds provided under subsection | (2) RECYCLING FACILITY.—Funds provided under subsection | |
| (b) | (b) | |
| (3) shall be provided on a competitive basis to a recycling facility that— | (3) shall be provided on a competitive basis to a recycling facility that— | |
| (A) processes recyclable material into commercial specification-grade commodities for use as raw material feed stock at recovery facilities, including for use as— | (A) processes recyclable material into commercial specification-grade commodities for use as raw material feed stock at recovery facilities, including for use as— | |
| (i) a replacement or substitute for a virgin raw material; or | (i) a replacement or substitute for a virgin raw material; or | |
| (ii) a replacement or substitute for a product made, in whole or in part, from a virgin raw material; | (ii) a replacement or substitute for a product made, in whole or in part, from a virgin raw material; | |
| (B) has a verifiable carbon baseline; and | (B) has a verifiable carbon baseline; and | |
| <> | (C) | |
| (C) has an environmental, health and safety, and quality management system | (i) has an environmental, health and safety, and quality management system | |
| (such as that of the International Standards Organization or an equivalent) that includes goals to reduce the operational carbon baseline of the recycling facility per unit of material processed. | (such as that of the International Standards Organization or an equivalent) that includes goals to reduce the operational carbon baseline of the recycling facility per unit of material processed; or | |
| (ii) is subject to reporting requirements established under section 713 of the Clean Air Act. | ||
| (3) MANUFACTURING FACILITY.—Funds provided under subsection | = | (3) MANUFACTURING FACILITY.—Funds provided under subsection |
| (b) | (b) | |
| (4) shall be provided on a competitive basis to a manufacturing facility that— | (4) shall be provided on a competitive basis to a manufacturing facility that— | |
| (A) can report on a verifiable carbon baseline that is consistent with applicable reporting requirements; and | (A) can report on a verifiable carbon baseline that is consistent with applicable reporting requirements; and | |
| (B) has an environmental, health and safety, and quality management system | (B) has an environmental, health and safety, and quality management system | |
| (such as that of the International Standards Organization or an equivalent) that includes goals to reduce the operational carbon baseline of the manufacturing facility per unit of material processed. | (such as that of the International Standards Organization or an equivalent) that includes goals to reduce the operational carbon baseline of the manufacturing facility per unit of material processed. | |
| (d) REPORTING.—Each State that distributes funds under this section shall submit to the Administrator, in accordance with such requirements as the Administrator may prescribe, a report that includes— | (d) REPORTING.—Each State that distributes funds under this section shall submit to the Administrator, in accordance with such requirements as the Administrator may prescribe, a report that includes— | |
| (1) a list of entities receiving funding under this section, including entities receiving such funding from units of local government pursuant to subsection | (1) a list of entities receiving funding under this section, including entities receiving such funding from units of local government pursuant to subsection | |
| (b) | (b) | |
| (2); | (2); | |
| (2) the amount of funding received by each such recipient; | (2) the amount of funding received by each such recipient; | |
| (3) the specific purposes for which the funding was conveyed to each such recipient; and | (3) the specific purposes for which the funding was conveyed to each such recipient; and | |
| (4) documentation of the quantity of net recyclable material that was collected and processed and greenhouse gas emissions that were reduced or avoided accordingly, through use of the funding, based on a lifecycle calculation developed by the Administrator. | (4) documentation of the quantity of net recyclable material that was collected and processed and greenhouse gas emissions that were reduced or avoided accordingly, through use of the funding, based on a lifecycle calculation developed by the Administrator. | |
| (e) METHODOLOGY AND DECISIONMAKING.—The Administrator, as appropriate— | (e) METHODOLOGY AND DECISIONMAKING.—The Administrator, as appropriate— | |
| (1) shall develop and periodically update lifecycle methods to quantify the relationship between waste management decisions, including recycling and waste reduction, greenhouse gas reductions, and energy use reductions, for purposes that include— | (1) shall develop and periodically update lifecycle methods to quantify the relationship between waste management decisions, including recy cling and waste reduction, greenhouse gas reductions, and energy use reductions, for purposes that include— | |
| (A) helping to support decisions under Federal, State, and municipal recycling and waste management programs, including— | (A) helping to support decisions under Federal, State, and municipal recycling and waste management programs, including— | |
| (i) estimating greenhouse gas and energy benefits of increasing collection or adding new materials to recycling programs; | (i) estimating greenhouse gas and energy benefits of increasing collection or adding new materials to recycling programs; | |
| (ii) comparing the benefits of recycling and waste reduction to other greenhouse gas and energy use reduction strategies; | (ii) comparing the benefits of recycling and waste reduction to other greenhouse gas and energy use reduction strategies; | |
| (iii) optimizing waste management strategies to maximize greenhouse gas reductions and energy use reductions; and | (iii) optimizing waste management strategies to maximize greenhouse gas reductions and energy use reductions; and | |
| (iv) public education; and | (iv) public education; and | |
| (B) designing products to optimize waste reduction and recycling opportunities and use of recycled materials in the manufacturing process; | (B) designing products to optimize waste reduction and recycling opportunities and use of recycled materials in the manufacturing process; | |
| (2) may collect data to support the development of the methods described in paragraph | (2) may collect data to support the development of the methods described in paragraph | |
| (1); and | (1); and | |
| (3) to improve national consistency, shall, in consultation with appropriate State and local representatives and municipal recycling programs, identify best practices to promote improvement in, and support State efforts in improving, municipal recycling and resource recovery programs. SEC. 155. SUPPLEMENTAL AGRICULTURE AND FORESTRY GREENHOUSE GAS REDUCTION AND RENEWABLE ENERGY PROGRAM. | (3) to improve national consistency, shall, in consultation with appropriate State and local representatives and municipal recycling programs, identify best practices to promote improvement in, and support State efforts in improving, municipal recycling and resource recovery programs. SEC. 155. SUPPLEMENTAL AGRICULTURE AND FORESTRY GREENHOUSE GAS REDUCTION AND RENEWABLE ENERGY PROGRAM. | |
| (a) AGRICULTURAL GREENHOUSE GAS REDUCTIONS.— | (a) AGRICULTURAL GREENHOUSE GAS REDUCTIONS.— | |
| (1) ESTABLISHMENT.— | (1) ESTABLISHMENT.— | |
| (A) IN GENERAL.—The Secretary of Agriculture | (A) IN GENERAL.—The Secretary of Agriculture | |
| (referred to in this section as the ‘‘Secretary’’), in coordination with the Secretary of the Interior, shall establish a Greenhouse Gas Reduction Incentives Program | (referred to in this section as the ‘‘Secretary’’), in coordination with the Secretary of the Interior, shall establish a Greenhouse Gas Reduction Incentives Program | |
| (referred to in this section as the ‘‘program’’) to provide financial assistance to owners and operators of agricultural land | (referred to in this section as the ‘‘program’’) to provide financial assistance to owners and operators of agricultural land | |
| (including land on which specialty crops are produced and private or public land used for grazing) and forest land for projects and activities that measurably increase carbon sequestration or reduce greenhouse gas emissions. | (including land on which specialty crops are produced and private or public land used for grazing) and forest land for projects and activities that measurably increase carbon sequestration or reduce greenhouse gas emissions. | |
| (B) SHARED AUTHORITY.—The Secretary shall delegate to the Secretary of the Interior the authority to carry out projects on land under the jurisdiction of or operated by the Department of the Interior. | (B) SHARED AUTHORITY.—The Secretary shall delegate to the Secretary of the Interior the authority to carry out projects on land under the jurisdiction of or operated by the Department of the Interior. | |
| (2) PRIORITY.—In carrying out the program, the Secretary shall give priority to projects or activities that— | (2) PRIORITY.—In carrying out the program, the Secretary shall give priority to projects or activities that— | |
| (A) reduce greenhouse gas emissions or increase sequestration of greenhouse gases, and achieve significant other environmental benefits, such as the improvements of water or air quality or natural resources; and | (A) reduce greenhouse gas emissions or increase sequestration of greenhouse gases, and achieve significant other environmental benefits, such as the improvements of water or air quality or natural resources; and | |
| (B) reduce greenhouse gas emissions or sequester carbon in agricultural and forestry op erations where there are limited recognized opportunities to achieve such emission reductions or sequestration. | (B) reduce greenhouse gas emissions or sequester carbon in agricultural and forestry operations where there are limited recognized opportunities to achieve such emission reductions or sequestration. | |
| (3) ELIGIBLE PROJECTS AND ACTIVITIES.—Eligible projects and payments shall include those that— | (3) ELIGIBLE PROJECTS AND ACTIVITIES.—Eligible projects and payments shall include those that— | |
| (A) reflect the comparable amount that the owners or operators would receive in the offset market if not for compliance with environmental laws that preclude the owners and operators from being eligible for receiving an offset credit under a Federal law enacted for the purpose of regulating greenhouse gas emissions; | (A) reflect the comparable amount that the owners or operators would receive in the offset market if not for compliance with environmental laws that preclude the owners and oper ators from being eligible for receiving an offset credit under a Federal law enacted for the purpose of regulating greenhouse gas emissions; | |
| (B) provide greenhouse gas emission benefits, but do not receive an offset credit or qualify for an early action allowance under a Federal law enacted for the purpose of regulating greenhouse gas emissions, including projects and activities that provide an opportunity to demonstrate and test new or uncertain methods to reduce or sequester emissions; | (B) provide greenhouse gas emission benefits, but do not receive an offset credit or qualify for an early action allowance under a Federal law enacted for the purpose of regulating greenhouse gas emissions, including projects and activities that provide an opportunity to demonstrate and test new or uncertain methods to reduce or sequester emissions; | |
| (C) reward early adopters, including producers that practice no-till agriculture, and ensure that individuals and entities that took action prior to the implementation of a Federal law enacted for the purpose of regulating greenhouse gas emissions are not placed at a competitive disadvantage, including giving special consideration to owners or operators located in jurisdictions with more stringent environmental laws | <> | (C) reward early adopters, including producers that practice no-till agriculture, and ensure that individuals and entities that took action prior to the implementation of a Federal law enacted for the purpose of regulating greenhouse gas emissions are not placed at a competitive disadvantage, including giving consideration to owners or operators located in jurisdictions with more stringent environmental laws |
| (including regulations), compliance with which precludes the owners or operators from participating such an offset market; | = | (including regulations), compliance with which precludes the owners or operators from participating such an offset market; |
| (D) provide incentives for supplemental greenhouse gas emission reductions on private forest land of the United States; | (D) provide incentives for supplemental greenhouse gas emission reductions on private forest land of the United States; | |
| (E) prevent any conversion of land, including native grassland, native prairie, rangeland, cropland, or forested land, that would increase greenhouse gas emissions or a loss of carbon sequestration; or | <> | (E) prevent conversion of land, including native grassland, native prairie, rangeland, cropland, or forested land, that would increase greenhouse gas emissions or a loss of carbon sequestration; or |
| (F) support action on Federal, State, or tribal land. | = | (F) support action on Federal, State, or tribal land. |
| (4) REQUIREMENTS.—Financial incentives and support provided by the Secretary for a project or activity under this section shall, to the maximum extent practicable— | <> | (4) REQUIREMENT.—Financial incentives and support provided by the Secretary for a project or activity under this section shall, to the maximum extent practicable, be directly proportional to the quantity and duration of greenhouse gas emissions reduced or carbon sequestered |
| (A) be directly proportional to the quantity and duration of greenhouse gas emissions reduced or carbon sequestered | ||
| (except with re spect to projects and activities that provide adaptation benefits); and | (except with respect to projects and activities that provide adaptation benefits). | |
| (B) complement and leverage existing conservation, forestry, and energy program expenditures to provide measurable emission reduction and sequestration benefits that otherwise may not take place or continue to exist. | (5) OTHER PROJECTS.—The Secretary shall consider projects and activities that complement and leverage existing conservation, forestry, and energy program expenditures to provide measurable emission reduction and sequestration benefits that otherwise may not take place or continue to exist. | |
| (5) ELIGIBILITY.—An owner or operator shall not be prohibited from participating in the program established under this section due to participation of the owner or operator in other Federal or State conservation or agricultural assistance programs. | (6) ELIGIBILITY.—An owner or operator shall not be prohibited from participating in the program established under this section due to participation of the owner or operator in other Federal or State conservation or agricultural assistance programs. | |
| (6) FORMS OF ASSISTANCE.—The Secretary may use any of the following to provide assistance under this section: | (7) FORMS OF ASSISTANCE.—The Secretary may use any of the following to provide assistance under this section: | |
| (A) Conservation easements. | (A) Permanent conservation easements, for which the Secretary shall give priority in providing assistance under this section. | |
| (B) Carbon sequestration and mitigation contracts between the owner or operator and the Secretary for the performance of projects or activities that reduce greenhouse gas emissions or sequester carbon. | (B) Carbon sequestration or carbon mitigation contracts between the owner or operator and the Secretary for the performance of projects or activities that provide a measurable reduction in greenhouse gas emissions or sequester carbon. | |
| (C) Financial incentives through timber harvest contracts. | = | (C) Financial incentives through timber harvest contracts. |
| (D) Financial incentives through grazing contracts. | (D) Financial incentives through grazing contracts. | |
| (E) Grants. | (E) Grants. | |
| (F) Such other forms of assistance as the Secretary determines to be appropriate. | (F) Such other forms of assistance as the Secretary determines to be appropriate. | |
| (7) REVERSALS.—The Secretary shall specify methods to address intentional or unintentional reversal of carbon sequestration or greenhouse gas emission reductions that occur during the term of a contract or easement under this section. | <> | (8) REVERSALS.—The Secretary shall specify methods to address intentional or unintentional reversal of carbon sequestration or greenhouse gas emission reductions that occur during the term of a contract or easement under this section. |
| (8) ACCOUNTING SYSTEMS.—In carrying out this section, the Secretary shall develop and implement— | (9) ACCOUNTING SYSTEMS.—In carrying out this section, the Secretary shall develop and implement— | |
| (A) a national accounting system for carbon stocks, sequestration, and greenhouse gas emissions that may be used to assess progress in implementing this section at a national level; and | = | (A) a national accounting system for carbon stocks, sequestration, and greenhouse gas emissions that may be used to assess progress in implementing this section at a national level; and |
| (B) credible reporting and accounting systems to ensure that incentives provided under this section are achieving stated objectives. | (B) credible reporting and accounting systems to ensure that incentives provided under this section are achieving stated objectives. | |
| (9) PROGRAM MEASUREMENT, MONITORING, AND VERIFICATION.—The Secretary, in consultation with the Administrator— | <> | (10) PROGRAM MEASUREMENT, MONITORING, AND VERIFICATION.—The Secretary, in consultation with the Administrator— |
| (A) shall establish and implement protocols that provide reasonable monitoring and verification of compliance with terms associated with assistance provided under this section, including field sampling of actual performance, to develop annual estimates of emission reductions achieved under the program; | = | (A) shall establish and implement protocols that provide reasonable monitoring and verification of compliance with terms associated with assistance provided under this section, including field sampling of actual performance, to develop annual estimates of emission reductions achieved under the program; |
| (B) shall report annually the total number of tons of carbon dioxide sequestered or the total number of tons of emissions avoided through incentives provided under this section; and | (B) shall report annually the total number of tons of carbon dioxide sequestered or the total number of tons of emissions avoided through incentives provided under this section; and | |
| (C) not later than 2 years after the date of enactment of this Act, and at least every months thereafter, submit to Congress and make available to the public on the website of the Department of Agriculture a report that includes— | (C) not later than 2 years after the date of enactment of this Act, and at least every months thereafter, submit to Congress and make available to the public on the website of the Department of Agriculture a report that includes— | |
| (i) an estimate of annual and cumulative reductions generated through the program under this section, determined using standardized measures | (i) an estimate of annual and cumulative reductions generated through the program under this section, determined using standardized measures | |
| (including economic efficiency); and | (including economic efficiency); and | |
| (ii) a summary of any changes to the program, in accordance with this section, that will be made as a result of program measurement, monitoring, and verification conducted under this section. | (ii) a summary of any changes to the program, in accordance with this section, that will be made as a result of program measurement, monitoring, and verification conducted under this section. | |
| (b) RESEARCH PROGRAM.—The Secretary shall establish by rule a program to conduct research to develop additional projects and activities for crops to find additional techniques and methods to reduce greenhouse gas emissions or sequester greenhouse gases that may or may not meet criteria for a Federal law enacted for the purpose of regulating greenhouse gas emissions. SEC. 156. ECONOMIC DEVELOPMENT CLIMATE CHANGE FUND. | (b) RESEARCH PROGRAM.—The Secretary shall establish by rule a program to conduct research to develop additional projects and activities for crops to find additional techniques and methods to reduce greenhouse gas emissions or sequester greenhouse gases that may or may not meet criteria for a Federal law enacted for the purpose of regulating greenhouse gas emissions. SEC. 156. ECONOMIC DEVELOPMENT CLIMATE CHANGE FUND. | |
| (a) IN GENERAL.—Title II of the Public Works and Economic Development Act of 1965 | (a) IN GENERAL.—Title II of the Public Works and Economic Development Act of 1965 | |
| (42 U.S.C. 3141 et seq.) is amended by adding at the end the following: ‘‘SEC. 219. ECONOMIC DEVELOPMENT CLIMATE CHANGE FUND. ‘‘ | (42 U.S.C. 3141 et seq.) is amended by adding at the end the following: ‘‘SEC. 219. ECONOMIC DEVELOPMENT CLIMATE CHANGE FUND. ‘‘ | |
| (a) IN GENERAL.—On the application of an eligible recipient, the Secretary may provide technical assistance, make grants, enter into contracts, or otherwise provide amounts for projects— ‘‘ | (a) IN GENERAL.—On the application of an eligible recipient, the Secretary may provide technical assistance, make grants, enter into contracts, or otherwise provide amounts for projects— ‘‘ | |
| (1) to promote energy efficiency to enhance economic competitiveness; ‘‘ | (1) to promote energy efficiency to enhance economic competitiveness; ‘‘ | |
| (2) to increase the use of renewable energy resources to support sustainable economic development and job growth; ‘‘ | (2) to increase the use of renewable energy resources to support sustainable economic development and job growth; ‘‘ | |
| (3) to support the development of conventional energy resources to produce alternative transportation fuels, electricity and heat; ‘‘ | (3) to support the development of conventional energy resources to produce alternative transportation fuels, electricity and heat; ‘‘ | |
| (4) to develop energy efficient or environmentally sustainable infrastructure; ‘‘ | (4) to develop energy efficient or environmentally sustainable infrastructure; ‘‘ | |
| (5) to promote environmentally sustainable economic development practices and models; ‘‘ | (5) to promote environmentally sustainable economic development practices and models; ‘‘ | |
| (6) to support development of energy efficiency and alternative energy development plans, studies or analysis, including enhancement of new and existing Comprehensive Economic Development Strategies funded under this Act; and ‘‘ | (6) to support development of energy efficiency and alternative energy development plans, studies or analysis, including enhancement of new and existing Comprehensive Economic Development Strategies funded under this Act; and ‘‘ | |
| (7) to supplement other Federal grants, loans, or loan guarantees for purposes described in paragraphs | (7) to supplement other Federal grants, loans, or loan guarantees for purposes described in paragraphs | |
| (1) through | (1) through | |
| (6). ‘‘ | (6). ‘‘ | |
| (b) FEDERAL SHARE.—The Federal share of the cost of any project carried out under this section shall not exceed 80 percent, except that the Federal share of a Federal grant, loan, or loan guarantee provided under subsection | (b) FEDERAL SHARE.—The Federal share of the cost of any project carried out under this section shall not exceed 80 percent, except that the Federal share of a Federal grant, loan, or loan guarantee provided under subsection | |
| (a) | (a) | |
| (7) may be 100 percent. ‘‘ | (7) may be 100 percent. ‘‘ | |
| (c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2009 through 2013, to remain available until expended.’’. | (c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2009 through 2013, to remain available until expended.’’. | |
| (b) CONFORMING AMENDMENT.—The table of contents contained in section 1 | (b) CONFORMING AMENDMENT.—The table of contents contained in section 1 | |
| (b) of the Public Works and Economic Development Act of 1965 | (b) of the Public Works and Economic Development Act of 1965 | |
| (42 U.S.C. 3141 et seq.)is amended by inserting after the item relating to section 218 the following: ‘‘Sec. 219. Economic Development Climate Change Fund.’’. SEC. 157. STUDY OF RISK-BASED PROGRAMS ADDRESSING VULNERABLE AREAS. | (42 U.S.C. 3141 et seq.)is amended by inserting after the item relating to section 218 the following: ‘‘Sec. 219. Economic Development Climate Change Fund.’’. SEC. 157. STUDY OF RISK-BASED PROGRAMS ADDRESSING VULNERABLE AREAS. | |
| (a) IN GENERAL.—The Administrator, or the heads of such other Federal agencies as the President may designate, shall conduct a study and, not later than 2 years after the date of enactment of this Act, submit to Congress a report regarding risk-based policies and programs addressing vulnerable areas. | (a) IN GENERAL.—The Administrator, or the heads of such other Federal agencies as the President may designate, shall conduct a study and, not later than 2 years after the date of enactment of this Act, submit to Congress a report regarding risk-based policies and programs addressing vulnerable areas. | |
| (b) REQUIREMENTS.—The report shall | (b) REQUIREMENTS.—The report shall | |
| (1) review and assess Federal predisaster mitigation, emergency response, and flood insurance policies and programs that affect areas vulnerable to the impacts of climate change; | (1) review and assess Federal predisaster mitigation, emergency response, and flood insurance policies and programs that affect areas vulnerable to the impacts of climate change; | |
| (2) describe strategies for better addressing such vulnerabilities and provide implementation recommendations; | (2) describe strategies for better addressing such vulnerabilities and provide implementation recommendations; | |
| (3) assess whether the policies and programs described in paragraph | (3) assess whether the policies and programs described in paragraph | |
| (1) support the State response and adaptation goals and objectives identified under this Act; | <> | (1) support the State and tribal response and adaptation goals and objectives identified under this Act; |
| (4) identify, and make recommendations to resolve, inconsistencies in Federal policies and programs in effect as of the date of enactment of this Act that address areas vulnerable to climate change; and | = | (4) identify, and make recommendations to resolve, inconsistencies in Federal policies and programs in effect as of the date of enactment of this Act that address areas vulnerable to climate change; and |
| (5) identify annual cost savings to the Federal Government associated with the implementation of the strategies and recommendations contained in the report. Subtitle F—Energy Efficiency and Renewable Energy SEC. 161. RENEWABLE ENERGY. | <> | (5) identify annual cost savings to the Federal Government associated with the implementation of the strategies and recommendations contained in the report. SEC. 158. EFFICIENT BUILDINGS PROGRAM. |
| (a) IN GENERAL.—The Administrator shall establish and carry out a program, to be known as the ‘‘Efficient Buildings Program’’, to achieve greenhouse gas reductions by providing assistance to owners of buildings in the United States as a reward for— | ||
| (1) constructing highly efficient buildings in the United States; or | ||
| (2) increasing the efficiency of existing buildings in the United States. | ||
| (b) REQUIREMENTS.—The Administrator shall provide assistance under this section to owners of buildings in the United States based on the extent to which projects relating to the buildings of the owners result in verifiable, additional, and enforceable improvements in energy performance— | ||
| (1) in new or renovated buildings that demonstrate exemplary performance by achieving— | ||
| (A) a minimum score of 75 on the benchmarking tool of the Energy Star program established by section 324A of the Energy Policy and Conservation Act | ||
| (42 U.S.C. 6294a); or | ||
| (B) an equivalent score on an established energy performance benchmarking metric selected by the Administrator; and | ||
| (2) in retrofitted existing buildings that demonstrate— | ||
| (A) substantial improvement in the score or rating on the benchmarking tool described in paragraph | ||
| (1) | ||
| (A) by a minimum of 30 points; or | ||
| (B) an equivalent improvement using an established performance benchmarking metric selected by the Administrator. | ||
| (c) PRIORITY.—In providing assistance under this section, the Administrator shall give priority to projects— | ||
| (1) completed by building owners with a proven track record of building energy performance; or | ||
| (2) that result in measurable greenhouse gas reduction benefits not encompassed within the metrics of the Energy Star program described in subsection | ||
| (b) | ||
| (1) | ||
| (A). Subtitle F—Energy Efficiency and Renewable Energy SEC. 161. RENEWABLE ENERGY. | ||
| (a) DEFINITIONS.—In this section: | = | (a) DEFINITIONS.—In this section: |
| (1) RENEWABLE ENERGY.—The term ‘‘renewable energy’’ means electric energy generated from solar, wind, biomass, landfill gas, ocean | (1) RENEWABLE ENERGY.—The term ‘‘renewable energy’’ means electric energy generated from solar, wind, biomass, landfill gas, ocean | |
| (including tidal, wave, current, and thermal), geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project. | (including tidal, wave, current, and thermal), geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project. | |
| (2) RENEWABLE PORTFOLIO STANDARD.—The term ‘‘ ‘renewable portfolio standard’ ’’ means a state statute that requires electricity providers to obtain a minimum percentage of their power from renewable energy resources by a certain date. | (2) RENEWABLE PORTFOLIO STANDARD.—The term ‘‘ ‘renewable portfolio standard’ ’’ means a state statute that requires electricity providers to obtain a minimum percentage of their power from renewable energy resources by a certain date. | |
| (b) GRANTS.—The Administrator, in consultation with the Secretaries of Energy, Interior, and Agriculture, may provide grants for projects to increase the quantity of energy a State uses from renewable sources under State renewable portfolio standard laws. | (b) GRANTS.—The Administrator, in consultation with the Secretaries of Energy, Interior, and Agriculture, may provide grants for projects to increase the quantity of energy a State uses from renewable sources under State renewable portfolio standard laws. | |
| (c) ELIGIBILITY.—The Administrator shall review for approval projects applications that are— | (c) ELIGIBILITY.—The Administrator shall review for approval projects applications that are— | |
| (1) submitted by State and local governments, Indian tribes, public utilities, regional energy cooperatives, or individual energy producers from states with a binding Renewable Portfolio Standard; or | (1) submitted by State and local governments, Indian tribes, public utilities, regional energy cooperatives, or individual energy producers from states with a binding Renewable Portfolio Standard; or | |
| (2) submitted by State and local governments, Indian tribes, public utilities, or regional energy cooperatives from states with nonbinding goals for adoption of renewable energy requirements. | (2) submitted by State and local governments, Indian tribes, public utilities, or regional energy cooperatives from states with nonbinding goals for adoption of renewable energy requirements. | |
| (d) PRIORITY.—The Administrator shall give priority to project applications that are— | (d) PRIORITY.—The Administrator shall give priority to project applications that are— | |
| (1) submitted by States with a binding renewable portfolio standard; | (1) submitted by States with a binding renewable portfolio standard; | |
| (2) cost-effective in achieving greater renewable energy production in each State. | (2) cost-effective in achieving greater renewable energy production in each State. | |
| (e) CERTIFICATION.— | (e) CERTIFICATION.— | |
| (1) IN GENERAL.—The Administrator shall notify in writing the Governor of each eligible State as described in section | (1) IN GENERAL.—The Administrator shall notify in writing the Governor of each eligible State as described in section | |
| (c) at the time at which the Administrator begins review of a project application received from an eligible entity within the State. | (c) at the time at which the Administrator begins review of a project application received from an eligible entity within the State. | |
| (2) CERTIFICATION.—The Governor shall certify in writing within 30 days of receipt of the Administrator’s notification described in subsection | (2) CERTIFICATION.—The Governor shall certify in writing within 30 days of receipt of the Administrator’s notification described in subsection | |
| (1) that the project application— | (1) that the project application— | |
| (A) will assist the State in reaching renewable portfolio standard targets under applicable state laws; and | (A) will assist the State in reaching renewable portfolio standard targets under applicable state laws; and | |
| (B) has secured non-Federal funding sources that, in conjunction with the requested grant amount, will be sufficient to complete the renewable energy project. | (B) has secured non-Federal funding sources that, in conjunction with the requested grant amount, will be sufficient to complete the renewable energy project. | |
| (f) RULEMAKING.— | (f) RULEMAKING.— | |
| (1) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Administrator shall initiate rulemaking procedures necessary to implement this section. | (1) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Administrator shall initiate rulemaking procedures necessary to implement this section. | |
| (2) FINAL RULES; ACCEPTANCE OF APPLICATIONS.—Not later than 90 days after the close of the public comment period relating to the rule making described in paragraph | (2) FINAL RULES; ACCEPTANCE OF APPLICATIONS.—Not later than 90 days after the close of the public comment period relating to the rulemaking described in paragraph | |
| (1), the Administrator shall— | (1), the Administrator shall— | |
| (A) promulgate final regulations to carry out this section; and | (A) promulgate final regulations to carry out this section; and | |
| (B) begin accepting project applications for review. | (B) begin accepting project applications for review. | |
| (g) REPORTING.—Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter, the Administrator shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report specifying, with respect to the program under this section— | (g) REPORTING.—Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter, the Administrator shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report specifying, with respect to the program under this section— | |
| (1) the project applications received; | (1) the project applications received; | |
| (2) the project applications approved; | (2) the project applications approved; | |
| (3) the amount of funding allocated per project; and | (3) the amount of funding allocated per project; and | |
| (4) the cumulative benefits of the grant program. | (4) the cumulative benefits of the grant program. | |
| (h) GRANT AMOUNT.—A grant provided under this section may be in an amount that does not exceed 50 percent of the total cost of the renewable energy project to be funded by the grant. | (h) GRANT AMOUNT.—A grant provided under this section may be in an amount that does not exceed 50 percent of the total cost of the renewable energy project to be funded by the grant. | |
| (i) AUTHORIZATION.—There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 162. ADVANCED BIOFUELS. | (i) AUTHORIZATION.—There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 162. ADVANCED BIOFUELS. | |
| <> | (a) FINDINGS.—Congress finds that— | |
| (1) advanced, environmentally sustainable biofuels can help promote a safe, secure, and domestic source of low-carbon fuel; | ||
| (2) such biofuels can— | ||
| (A) benefit consumers and farmers; | ||
| (B) assist in maintaining fuel supplies; and | ||
| (C) help to keep commodity prices affordable; | ||
| (3) a coordinated research and development effort is needed to help accelerate commercial-scale development of advanced, environmentally sustainable biofuels; and | ||
| (4) facilitating the commercial production of advanced, environmentally sustainable biofuels can help to make the United States a leader in developing new fuel technologies. | ||
| (a) DEFINITIONS.—In this section: | (b) DEFINITIONS.—In this section: | |
| (1) ADVANCED GREEN BIOFUEL.—The term ‘‘advanced green biofuel’’ means an advanced biofuel | ||
| (as defined in section 211 | ||
| (o) | ||
| (1) of the Clean Air Act | ||
| (42 U.S.C. 7545 | ||
| (o) | ||
| (1))) that the Administrator determines— | ||
| (A) has lifecycle greenhouse gas emissions that are at least 60 percent less than the baseline lifecycle greenhouse gas emissions; | ||
| (B) is made from advanced renewable biomass; and | ||
| (C) minimizes biorefinery water requirements to the maximum extent achievable, taking into consideration costs and other appropriate factors. | ||
| (1) ADVANCED BIOFUEL.—The term ‘‘advanced biofuel’’ shall have such meaning as is given the term by the Administrator in regulations promulgated under subsection | (2) ADVANCED RENEWABLE BIOMASS.—The term ‘‘advanced renewable biomass’’ means renewable biomass that is produced using sustainable practices, as determined by the Administrator, in consultation with the Secretary of Agriculture, taking into consideration factors such as— | |
| (A) the maintenance and enhancement of the quality and productivity of the soil; | ||
| (B) the conservation of soil, water, energy, natural resources, and fish and wildlife habitat; | ||
| (C) the maintenance and enhancement of the quality of surface water and groundwater; | ||
| (D) the protection of the health and safety of individuals involved in the production system; | ||
| (E) the promotion of the well-being of animals; | ||
| (F) the increase in employment opportunities in the agricultural sector; and | ||
| (G) prevention of the introduction of invasive species, including consideration of a review by the Invasive Species Council established by Executive Order 13112 | ||
| (64 Fed. Reg. 61 | ||
| (February 3, 1999)). | ||
| (3) PROGRAM.—The term ‘‘Program’’ means the 1,000,000,000-Gallon Challenge Grant Program established under subsection | ||
| (c). | (c) | |
| (1). | ||
| (4) RENEWABLE BIOMASS.—The term ‘‘renewable biomass’’ has the meaning given the term in section 211 | ||
| (o) | ||
| (1) of the Clean Air Act | ||
| (42 U.S.C. 545 | ||
| (o) | ||
| (1)). | ||
| (c) 1,000,000,000-GALLON CHALLENGE GRANT PROGRAM.— | ||
| (2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means an individual, corporate entity, unit of State or local government, Indian tribe, farm cooperative, institution of higher learning, rural electric cooperative, or public utility. | (1) ESTABLISHMENT.—The Administrator shall establish within the Environmental Protection Agency a program, to be known as the ‘‘1,000,000,000- Gallon Challenge Grant Program’’, under which the Administrator shall provide grants in accordance with this subsection. | |
| (2) APPLICATIONS.— | ||
| (A) IN GENERAL.—During each calendar year for the period described in subparagraph | ||
| (B), the Administrator shall solicit applications for grants under the Program from owners and operators of projects that, as determined by the Administrator, have the potential, in the aggregate, to produce up to 500,000,000 gallons in annual domestic production capacity of advanced green biofuels. | ||
| (B) DESCRIPTION OF PERIOD.—The period referred to in subparagraph | ||
| (A) is the period that— | ||
| (i) begins on the date of establishment of the Program; and | ||
| (b) GRANTS.—The Administrator, in consultation with the Secretary of Agriculture and the Secretary of Energy, may provide grants to support research and development of advanced biofuels. | (ii) ends on the date on which, as determined by the Administrator, the Program supports projects that have the potential to produce, or are producing, not less than 1,000,000,000 gallons in annual domestic production capacity of advanced green biofuels. | |
| (c) REGULATIONS.— | (C) ADJUSTMENTS.— | |
| (i) DEFINITION OF ADJUSTMENT PERIOD.—In this subparagraph, the term ‘‘adjustment period’’ means the period that— | ||
| (I) begins on the date of establishment of the Program; and | ||
| (II) ends on the earlier of, as determined by the Administrator— | ||
| (aa) the date on which the Program supports projects that have the potential to produce, or are producing, not less than ,000,000,000 gallons in annual domestic production capacity of advanced green biofuels; and | ||
| (1) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, the Administrator shall promulgate regulations to carry out this section | (bb) the date on which the Program achieves the annual domestic production capacity targets of the Program. | |
| (ii) SOLICITATION OF APPLICATIONS.—For any calendar year during the adjustment period for which an application for a grant under the Program is withdrawn, or for which a recipient of a grant under the Program fails to meet the domestic production capacity targets of the recipient | ||
| (including a definition of the term ‘‘advanced biofuel’’ for the purpose of providing assistance under this section). | (as determined by the Administrator), the Administrator shall solicit additional applications for grants under the Program. | |
| (2) REQUIREMENTS.—The regulations promulgated under paragraph | ||
| (1) shall— | ||
| (A) provide that the Administrator shall make grants available to eligible entities to support— | (D) APPLICATION POLICY.—The grant solicitation process of the Program shall provide for, as determined by the Administrator— | |
| (i) simplified, standardized, and timely solicitation of applications; and | ||
| (i) research regarding the production of advanced biofuels; | (ii) a simplified, standardized funding process that requires— | |
| (I) timely receipt and review of applications; and | ||
| (II) protection of proprietary information provided in applications. | ||
| (3) TYPES OF GRANTS.—In carrying out the Program, the Administrator shall provide 4 types of grants, as follows: | ||
| (A) RESEARCH AND DEVELOPMENT GRANTS.— | ||
| (i) IN GENERAL.—A research and development grant may be provided under the Program to a project that, as determined by the Administrator, will assist biofuel developers in producing advanced green biofuels by facilitating— | ||
| (ii) the development of new advanced biofuel production and capacity-building technologies; | (I) the development of technologies to produce advanced green biofuels; | |
| (iii) the development and construction of commercial-scale advanced biofuel production facilities; and | (II) the creation of technologies used in facilities that produce advanced green biofuels; or | |
| (iv) the expanded production of advanced biofuels; | (III) the production of advanced green biofuels, including renewable biomass. | |
| (B) provide that, to receive a grant under this section, an eligible entity shall submit to the Administrator— | (ii) LIMITATION.—The amount of a research and development grant provided under the Program shall not exceed the lesser of— | |
| (I) an amount equal to 80 percent of the cost of the project; or | ||
| (II) $2,000,000. | ||
| (B) PLANNING GRANTS.— | ||
| (i) IN GENERAL.—A planning grant may be provided under the Program to a project that, as determined by the Administrator, will assist biofuel developers in producing advanced green biofuels by facilitating the development and finalization of project plans and contracts that demonstrate that— | ||
| (I) the project has the potential for commercial viability; and | ||
| (i) a project proposal with detailed project information, as determined by the Administrator; and | (II) the project is likely to be operational by not later than 3 years after the date on which the planning grant is provided. | |
| (ii) LIMITATION.—The amount of a planning grant provided under the Program shall not exceed the lesser of— | ||
| (I) an amount equal to 80 percent of the cost of the project; or | ||
| (II) $2,000,000. | ||
| (C) TRANSLATIONAL GRANTS.— | ||
| (i) IN GENERAL.—A translational grant, which helps to create successful technological innovations and the commercial use of those innovations, may be provided under the Program to a project that, as determined by the Administrator will assist biofuel developers in producing advanced green biofuels, including from the development of a basic proof-of-concept for the project to the establishment of a pilotscale advanced green biofuel production facility through a phased process, as described in clause | ||
| (ii). | ||
| (ii) PHASES.—The phases referred to in clause | ||
| (i) are the following: | ||
| (ii) such records as the Administrator may require as evidence of the production of advanced biofuels or the importance and necessity of advanced biofuels research and new technologies; and | (I) PHASE I.—A project shall be considered to be in phase I for purposes of this subparagraph if the purpose of the project is to determine the scientific and technical merit and feasibility of ideas that appear to have commercial potential, as described in subclause | |
| (II). | ||
| (II) PHASE II.—A project shall be considered to be in phase II for purposes of this subparagraph if the purpose of the project is to advance the development of a project that meets particular Program needs, based on the scientific and technical merit and feasibility demonstrated in the application for the project | ||
| (as evidenced by phase I of the project), taking into consideration, among other things, the commercial potential of the project, as evidenced by— | ||
| (aa) the record of success of the applicable biofuel developer in commercializing the results of research; | ||
| (C) include appropriate cost-sharing requirements developed by the Administrator for grant awards for authorized uses of funds under this section. | (bb) the existence of phase II-appropriate funding commitments from the private sector or a funding source other than the Program; | |
| (cc) the existence of commitments for phase III of the project; and | ||
| (dd) the presence of other indicators of the commercial potential of the project. | ||
| (III) PHASE III.—A project shall be considered to be in phase III for purposes of this clause if— | ||
| (aa) the project has completed phases I and II; and | ||
| (bb) commercial application of, or the continuation of work on, the project will be funded by the private sector or a funding source other than the Program. | ||
| (3) PRIORITY.—The Administrator shall give priority to eligible entities based on— | (iii) LIMITATION.—The amount of a translational grant provided under the Program shall not exceed the lesser of— | |
| (I) an amount equal to 80 percent of the cost of the project; or | ||
| (II) $8,000,000. | ||
| (D) CONSTRUCTION GRANTS.— | ||
| (i) IN GENERAL.—A construction grant may be provided under the Program to a project that, as determined by the Administrator— | ||
| (I) will assist biofuel developers in producing advanced green biofuels by paying construction costs and other costs; | ||
| (II) demonstrates the potential for commercial success; and | ||
| (III) will commence construction by not later than 1 year after the date on which the construction grant is provided. | ||
| (ii) LIMITATION.—The amount of a construction grant provided under the Program shall not exceed an amount equal to 60 percent of the cost of the project. | ||
| (4) SELECTION.— | ||
| (A) RESEARCH AND DEVELOPMENT GRANTS.—In evaluating applications for research and development grants under the Program, the Administrator shall take into consideration— | ||
| (A) technical and economic feasibility of a project proposal; | (i) the potential of a project for commercial viability; | |
| (ii) the potential of the project to provide environmental and public health benefits; | ||
| (iii) the potential of the project to use existing fuel delivery and distribution systems; and | ||
| (iv) such other factors as the Administrator determines to be appropriate. | ||
| (B) PLANNING GRANTS.—In evaluating applications for planning grants under the Program, the Administrator shall take into consideration— | ||
| (i) the potential of a project for commercial viability; | ||
| (ii) the potential of the project to provide environmental and public health benefits; | ||
| (iii) the potential of the project to use existing fuel delivery and distribution systems; | ||
| (iv) the scalability of the project; and | ||
| (v) such other factors as the Administrator determines to be appropriate. | ||
| (C) TRANSLATIONAL GRANTS.—In evaluating applications for translational grants under the Program, the Administrator shall take into consideration— | ||
| (i) the potential of a project for commercial viability; | ||
| (ii) the potential of the project to provide environmental and public health benefits; | ||
| (iii) the potential of the project to use existing fuel delivery and distribution systems; | ||
| (iv) the scalability of the project; and | ||
| (v) such other factors as the Administrator determines to be appropriate. | ||
| (D) CONSTRUCTION GRANTS.—In evaluating applications for construction grants under the Program, the Administrator shall take into consideration— | ||
| (B) cost-effectiveness of a project proposal; | (i) the potential of a project for commercial success; | |
| (C) the use of innovative technologies in a project proposal; | (ii) the potential of the project to provide environmental and public health benefits; | |
| (iii) the potential of the project to use existing fuel delivery and distribution systems; | ||
| (iv) the scalability of the project; | ||
| (v) the readiness of the project to commence construction by not later than year after the date on which the construction grant is provided; and | ||
| (vi) such other factors as the Administrator determines to be appropriate. | ||
| (E) EXERCISE OF DISCRETION IN FUNDING PROJECTS.—The Administrator shall not exclude an application from consideration under this paragraph solely on the basis that the project that is the subject of the application uses, or proposes to use, any item described in section 211 | ||
| (o) | ||
| (1) | ||
| (I) of the Clean Air Act | ||
| (U.S.C. 7545 | ||
| (o) | ||
| (1) | ||
| (I)). | ||
| (5) COORDINATION WITH COMPLEMENTARY PROGRAMS.— | ||
| (A) DEFINITION OF COMPLEMENTARY PROGRAM.—In this paragraph, the term ‘‘complementary program’’ means a grant program under any other provision of law | ||
| (including a regulation) under which a recipient of a grant under the Program receives, or has the potential to receive, funds to assist the project of the recipient to achieve environmental performance standards equivalent to, or greater than, the standards required under the Program. | ||
| (B) EFFECT OF PROGRAM.— | ||
| (i) IN GENERAL.—A grant provided to a recipient under the Program— | ||
| (I) shall be provided in addition to any grant provided to the recipient under a complementary program; and | ||
| (D) the availability of non-Federal resources, including private resources, to fund the project proposal; and | (II) shall not be diminished as a result of receipt by the recipient of funds under any complementary program. | |
| (E) whether the project proposed can be replicated. SEC. 163. ENERGY EFFICIENCY IN BUILDING CODES. | (ii) AMOUNT OF OTHER GRANTS.—Receipt of a grant under the Program shall not affect the amount the recipient is otherwise eligible to receive under any complementary program. | |
| (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $500,000,000 for the period of fiscal years 2010 through 2014. SEC. 163. ENERGY EFFICIENCY IN BUILDING CODES. | ||
| (a) ENERGY EFFICIENCY TARGETS.— | = | (a) ENERGY EFFICIENCY TARGETS.— |
| (1) RULEMAKING TO ESTABLISH TARGETS.— The Administrator, or such other agency head or heads as may be designated by the President, in consultation with the Director of the National Institute of Standards and Technology, shall promulgate regulations establishing building code energy efficiency targets for the national average percentage improvement of buildings’ energy performance. Such regulations shall establish a national building code energy efficiency target for residential buildings and commercial buildings when built to a code meeting the target, beginning not later than January 1, 20and applicable each calendar year through December 1, 2030. | <> | (1) RULEMAKING TO ESTABLISH TARGETS.— The Administrator, or such other agency head or heads as may be designated by the President, in consultation with the Director of the National Institute of Standards and Technology, shall promulgate regulations establishing building code energy efficiency targets for the national average percentage improvement of buildings’ energy performance. Such regulations shall establish a national building code energy efficiency target for residential buildings and commercial buildings when built to a code meeting the target, beginning not later than January 1, 20and applicable each calendar year through December 31, 2030. |
| (b) NATIONAL ENERGY EFFICIENCY BUILDING CODES.— | = | (b) NATIONAL ENERGY EFFICIENCY BUILDING CODES.— |
| (1) RULEMAKING TO ESTABLISH NATIONAL CODES.—The Administrator, or such other agency head or heads as may be designated by the President, shall promulgate regulations establishing national energy efficiency building codes for residential and commercial buildings. Such regulations shall be sufficient to meet the national building code energy efficiency targets established under subsection | (1) RULEMAKING TO ESTABLISH NATIONAL CODES.—The Administrator, or such other agency head or heads as may be designated by the President, shall promulgate regulations establishing national energy efficiency building codes for residential and commercial buildings. Such regulations shall be sufficient to meet the national building code energy efficiency targets established under subsection | |
| (a) in the most cost-effective manner, and may include provisions for State adoption of the national building code standards and certification of State programs | (a) in the most cost-effective manner, and may include provisions for State adoption of the national building code standards and certification of State programs | |
| (c) ANNUAL REPORTS.—The Administrator, or such other agency head or heads as may be designated by the President, shall annually submit to Congress, and publish in the Federal Register, a report on— | (c) ANNUAL REPORTS.—The Administrator, or such other agency head or heads as may be designated by the President, shall annually submit to Congress, and publish in the Federal Register, a report on— | |
| (1) the status of national energy efficiency building codes; | (1) the status of national energy efficiency building codes; | |
| (2) the status of energy efficiency building code adoption and compliance in the States; | (2) the status of energy efficiency building code adoption and compliance in the States; | |
| (3) the implementation of and compliance with regulations promulgated under this section; | (3) the implementation of and compliance with regulations promulgated under this section; | |
| (4) the status of Federal and State enforcement of building codes; and | (4) the status of Federal and State enforcement of building codes; and | |
| (5) impacts of action under this section, and potential impacts of further action, on lifetime energy use by buildings, including resulting energy and cost savings. SEC. 164. RETROFIT FOR ENERGY AND ENVIRONMENTAL PERFORMANCE. | (5) impacts of action under this section, and potential impacts of further action, on lifetime energy use by buildings, including resulting energy and cost savings. SEC. 164. RETROFIT FOR ENERGY AND ENVIRONMENTAL PERFORMANCE. | |
| (a) DEFINITIONS.—For purposes of this section: | <> | (a) DEFINITIONS.—In this section: |
| (1) ASSISTED HOUSING.—The term ‘‘assisted housing’’ means those properties receiving projectbased assistance pursuant to section 202 of the Housing Act of 1959 | = | (1) ASSISTED HOUSING.—The term ‘‘assisted housing’’ means those properties receiving projectbased assistance pursuant to section 202 of the Housing Act of 1959 |
| (12 U.S.C. 1701q), section 811 of the Cranston-Gonzalez National Affordable Housing Act | (12 U.S.C. 1701q), section 811 of the Cranston-Gonzalez National Affordable Housing Act | |
| (42 U.S.C. 8013), section 8 of the United States Housing Act of 1937 | (42 U.S.C. 8013), section 8 of the United States Housing Act of 1937 | |
| (42 U.S.C. 1437f), or similar programs. | <> | (42 U.S.C. 437f), or similar programs. |
| (2) NONRESIDENTIAL BUILDING.—The term ‘‘nonresidential building’’ means a building with a primary use or purpose other than residential housing, including any building used for commercial offices, schools, academic and other public and private institutions, nonprofit organizations including faithbased organizations, hospitals, hotels, and other nonresidential purposes. Such buildings shall include mixed-use properties used for both residential and nonresidential purposes in which more than half of building floor space is nonresidential. | = | (2) NONRESIDENTIAL BUILDING.—The term ‘‘nonresidential building’’ means a building with a primary use or purpose other than residential housing, including any building used for commercial offices, schools, academic and other public and private institutions, nonprofit organizations including faithbased organizations, hospitals, hotels, and other nonresidential purposes. Such buildings shall include mixed-use properties used for both residential and nonresidential purposes in which more than half of building floor space is nonresidential. |
| (3) PERFORMANCE-BASED BUILDING RETROFIT PROGRAM.—The term ‘‘performance-based building retrofit program’’ means a program that determines building energy efficiency success based on actual measured savings after a retrofit is complete, as evidenced by energy invoices or evaluation protocols. | (3) PERFORMANCE-BASED BUILDING RETROFIT PROGRAM.—The term ‘‘performance-based building retrofit program’’ means a program that determines building energy efficiency success based on actual measured savings after a retrofit is complete, as evidenced by energy invoices or evaluation protocols. | |
| (4) PRESCRIPTIVE BUILDING RETROFIT PROGRAM.—The term ‘‘prescriptive building retrofit program’’ means a program that projects building retrofit energy efficiency success based on the known effectiveness of measures prescribed to be included in a retrofit. | (4) PRESCRIPTIVE BUILDING RETROFIT PROGRAM.—The term ‘‘prescriptive building retrofit program’’ means a program that projects building retrofit energy efficiency success based on the known effectiveness of measures prescribed to be included in a retrofit. | |
| (5) PUBLIC HOUSING.—The term ‘‘public housing’’ means properties receiving assistance under section 9 of the United States Housing Act of 19 | (5) PUBLIC HOUSING.—The term ‘‘public housing’’ means properties receiving assistance under section 9 of the United States Housing Act of 19 | |
| (42 U.S.C. 1437g). | (42 U.S.C. 1437g). | |
| (6) RECOMMISSIONING; RETROCOMMISSIONING.—The terms ‘‘recommissioning’’ and ‘‘retrocommissioning’’ have the meaning given those terms in section 543 | (6) RECOMMISSIONING; RETROCOMMISSIONING.—The terms ‘‘recommissioning’’ and ‘‘retrocommissioning’’ have the meaning given those terms in section 543 | |
| (f) | (f) | |
| (1) of the National Energy Conservation Policy Act | (1) of the National Energy Conservation Policy Act | |
| (42 U.S.C. 253 | <> | (42 U.S.C. 8253 |
| (f) | = | (f) |
| (1)). | (1)). | |
| <> | (7) REEP PROGRAM.—The term ‘‘REEP program’’ means, collectively, the programs to implement the residential and nonresidential policies based on the standards developed under this section, as described in subsection | |
| (b). | ||
| (7) RESIDENTIAL BUILDING.—The term ‘‘residential building’’ means a building whose primary use is residential. Such buildings shall include single-family homes | (8) RESIDENTIAL BUILDING.—The term ‘‘residential building’’ means a building whose primary use is residential. Such buildings shall include single-family homes | |
| (both attached and detached), owner-occupied units in larger buildings with their own dedicated space-conditioning systems, apartment buildings, multi-unit condominium buildings, public housing, assisted housing, and buildings used for both residential and nonresidential purposes in which more than half of building floor space is residential. | = | (both attached and detached), owner-occupied units in larger buildings with their own dedicated space-conditioning systems, apartment buildings, multi-unit condominium buildings, public housing, assisted housing, and buildings used for both residential and nonresidential purposes in which more than half of building floor space is residential. |
| (8) STATE ENERGY PROGRAM.—The term ‘‘State Energy Program’’ means the program under part D of title III of the Energy Policy and Conservation Act | <> | (9) STATE ENERGY PROGRAM.—The term ‘‘State Energy Program’’ means the program under part D of title III of the Energy Policy and Conservation Act |
| (42 U.S.C. 6321 et seq.). | = | (42 U.S.C. 6321 et seq.). |
| (b) ESTABLISHMENT.—The Administrator shall develop and implement, in consultation with the Secretary of Energy, standards for a national energy and environmental building retrofit policy for single-family and multifamily residences. The Administrator shall develop and implement, in consultation with the Secretary of Energy and the Director of Commercial High-Performance Green Buildings, standards for a national energy and environmental building retrofit policy for nonresidential buildings. The programs to implement the residential and nonresidential policies based on the standards developed under this section shall together be known as the Retrofit for Energy and Environmental Performance | <> | (b) ESTABLISHMENT.—The Administrator shall develop and implement, in consultation with the Secretary of Energy, standards for a national energy and environmental building retrofit policy for single-family and multifamily residences. The Administrator shall develop and implement, in consultation with the Secretary of Energy and the Director of Commercial High-Performance Green Buildings, standards for a national energy and environmental building retrofit policy for nonresidential buildings. |
| (REEP) program. | ||
| (c) PURPOSE.—The purpose of the REEP program is to facilitate the retrofitting of existing buildings across the United States to achieve maximum cost-effective energy efficiency improvements and significant improvements in water use and other environmental attributes. | = | (c) PURPOSE.—The purpose of the REEP program is to facilitate the retrofitting of existing buildings across the United States to achieve maximum cost-effective energy efficiency improvements and significant improvements in water use and other environmental attributes. |
| (d) FEDERAL ADMINISTRATION.— | (d) FEDERAL ADMINISTRATION.— | |
| (1) EXISTING PROGRAMS.—In creating and operating the REEP program— | (1) EXISTING PROGRAMS.—In creating and operating the REEP program— | |
| (A) the Administrator shall make appropriate use of existing programs, including the Energy Star program and in particular the Environmental Protection Agency Energy Star for Buildings program; and | (A) the Administrator shall make appropriate use of existing programs, including the Energy Star program and in particular the Environmental Protection Agency Energy Star for Buildings program; and | |
| (B) the Administrator shall consult with the Secretary of Energy regarding appropriate use of existing programs, including delegating authority to the Director of Commercial High- Performance Green Buildings appointed under section 421 of the Energy Independence and Security Act of 2007 | (B) the Administrator shall consult with the Secretary of Energy regarding appropriate use of existing programs, including delegating authority to the Director of Commercial High- Performance Green Buildings appointed under section 421 of the Energy Independence and Security Act of 2007 | |
| (42 U.S.C. 17081). | (42 U.S.C. 17081). | |
| (2) CONSULTATION AND COORDINATION.—The Administrator shall consult with and coordinate with the and the Secretary of Energy and the Secretary of Housing and Urban Development in carrying out the REEP program with regard to retrofitting of public housing and assisted housing. As a result of such consultation, the Administrator shall establish standards to ensure that retrofits of public housing and assisted housing funded pursuant to this section are cost-effective, including opportunities to address the potential co-performance of repair and replacement needs that may be supported with other forms of Federal assistance. Owners of public housing or assisted housing receiving funding through the REEP program shall agree to continue to provide affordable housing consistent with the provisions of the authorizing legislation governing each program for an additional period commensurate with the funding received, as determined in accordance with guidelines established by the Secretary of Housing and Urban Development. | (2) CONSULTATION AND COORDINATION.—The Administrator shall consult with and coordinate with the and the Secretary of Energy and the Secretary of Housing and Urban Development in carrying out the REEP program with regard to retrofitting of public housing and assisted housing. As a result of such consultation, the Administrator shall establish standards to ensure that retrofits of public housing and assisted housing funded pursuant to this section are cost-effective, including opportunities to address the potential co-performance of repair and replacement needs that may be supported with other forms of Federal assistance. Owners of public housing or assisted housing receiving funding through the REEP program shall agree to continue to provide affordable housing consistent with the provisions of the authorizing legislation governing each program for an additional period commensurate with the funding received, as determined in accordance with guidelines established by the Secretary of Housing and Urban Development. | |
| (3) ASSISTANCE.—The Administrator shall provide consultation and assistance to State and local agencies for the establishment of revolving loan funds, loan guarantees, or other forms of financial assistance under this section. | (3) ASSISTANCE.—The Administrator shall provide consultation and assistance to State and local agencies for the establishment of revolving loan funds, loan guarantees, or other forms of financial assistance under this section. | |
| (e) STATE AND LOCAL ADMINISTRATION.— | (e) STATE AND LOCAL ADMINISTRATION.— | |
| (1) DESIGNATION AND DELEGATION.—A State may designate one or more agencies or entities, including those regulated by the State, to carry out the purposes of this section, but shall designate one entity or individual as the principal point of contact for the Administrator regarding the REEP Program. The designated State agency, agencies, or entities may delegate performance of appropriate elements of the REEP program, upon their request and subject to State law, to counties, municipalities, appropriate public agencies, and other divisions of local government, as well as to entities regulated by the State. In making any such designation or delegation, a State shall give priority to entities that administer existing comprehensive retrofit programs, including those under the supervision of State utility regulators. States shall maintain responsibility for meeting the standards and requirements of the REEP program. In any State that elects not to administer the REEP program, a unit of local government may propose to do so within its jurisdiction, and if the Administrator finds that such local government is capable of administering the program, the Administrator may provide assistance to that local government, prorated according to the population of the local jurisdiction relative to the population of the State, for purposes of the REEP program. | (1) DESIGNATION AND DELEGATION.—A State may designate one or more agencies or entities, including those regulated by the State, to carry out the purposes of this section, but shall designate one entity or individual as the principal point of contact for the Administrator regarding the REEP Program. The designated State agency, agencies, or entities may delegate performance of appropriate elements of the REEP program, upon their request and subject to State law, to counties, municipalities, appropriate public agencies, and other divisions of local government, as well as to entities regulated by the State. In making any such designation or delega tion, a State shall give priority to entities that administer existing comprehensive retrofit programs, including those under the supervision of State utility regulators. States shall maintain responsibility for meeting the standards and requirements of the REEP program. In any State that elects not to administer the REEP program, a unit of local government may propose to do so within its jurisdiction, and if the Administrator finds that such local government is capable of administering the program, the Administrator may provide assistance to that local government, prorated according to the population of the local jurisdiction relative to the population of the State, for purposes of the REEP program. | |
| (2) EMPLOYMENT.—States and local government entities may administer a REEP program in a manner that authorizes public or regulated investor-owned utilities, building auditors and inspectors, contractors, nonprofit organizations, for-profit companies, and other entities to perform audits and retrofit services under this section. A State may provide incentives for retrofits without direct participation by the State or its agents, so long as the resulting savings are measured and verified. A State or local administrator of a REEP program shall seek to ensure that sufficient qualified entities are available to support retrofit activities so that building owners have a competitive choice among qualified auditors, raters, contractors, and providers of services related to retrofits. Nothing in this section is intended to deny the right of a building owner to choose the specific providers of retrofit services to engage for a retrofit project in that owner’s building. | (2) EMPLOYMENT.—States and local government entities may administer a REEP program in a manner that authorizes public or regulated investor-owned utilities, building auditors and inspectors, contractors, nonprofit organizations, for-profit companies, and other entities to perform audits and retrofit services under this section. A State may provide incentives for retrofits without direct participation by the State or its agents, so long as the resulting savings are measured and verified. A State or local administrator of a REEP program shall seek to ensure that sufficient qualified entities are available to support retrofit activities so that building owners have a competitive choice among qualified auditors, raters, contractors, and providers of services related to retrofits. Nothing in this section is intended to deny the right of a building owner to choose the specific providers of retrofit services to engage for a retrofit project in that owner’s building. | |
| (3) EQUAL INCENTIVES FOR EQUAL IMPROVEMENT.—In general, the States should strive to offer the same levels of incentives for retrofits that meet the same efficiency improvement goals, regardless of whether the State, its agency or entity, or the building owner has conducted the retrofit achieving the improvement, provided the improvement is measured and verified. | (3) EQUAL INCENTIVES FOR EQUAL IMPROVEMENT.—In general, the States should strive to offer the same levels of incentives for retrofits that meet the same efficiency improvement goals, regardless of whether the State, its agency or entity, or the building owner has conducted the retrofit achieving the improvement, provided the improvement is measured and verified. | |
| <> | (f) ADMINISTRATION OF INDIAN HOUSING.— | |
| (1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Secretary of Energy, in consultation with Indian tribes, the Department of Housing and Urban Development, the Department of the Interior, and the Department of Health and Human Services, shall establish a program and promulgate such regulations as are necessary to assist Indian tribes in carrying out energy efficiency retrofit programs in accordance with this section. | ||
| (2) REVIEW OF EXISTING PROGRAMS.—In carrying out paragraph | ||
| (1), to determine the extent to which programs in effect as of the date of enactment of this Act may be used to further the REEP program for the benefit of Indian tribes, the Secretary of Energy shall review those programs, including— | ||
| (A) 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. 68et seq.); | ||
| (B) programs under the Native American Housing Assistance and Self-Determination Act of 1996 | ||
| (25 U.S.C. 4101 et seq.); | ||
| (C) the Housing Improvement Program of the Department of the Interior; and | ||
| (D) the low-income home energy assistance program established under the Low-Income Home Energy Assistance Act of 1981 | ||
| (U.S.C. 8621 et seq.). | ||
| (f) ELEMENTS OF REEP PROGRAM.—The Administrator, in consultation with the Secretary of Energy, shall establish goals, guidelines, practices, and standards for accomplishing the purpose stated in subsection | (g) ELEMENTS OF REEP PROGRAM.—The Administrator, in consultation with the Secretary of Energy, shall establish goals, guidelines, practices, and standards for accomplishing the purpose stated in subsection | |
| (c), and shall annually review and, as appropriate, revise such goals, guidelines, practices, and standards. The program under this section shall include the following: | = | (c), and shall annually review and, as appropriate, revise such goals, guidelines, practices, and standards. The program under this section shall include the following: |
| (1) Residential Energy Services Network | (1) Residential Energy Services Network | |
| (RESNET) or Building Performance Institute | (RESNET) or Building Performance Institute | |
| (BPI) analyst certification of residential building energy and environment auditors, inspectors, and rat ers, or an equivalent certification system as determined by the Administrator. | (BPI) analyst certification of residential building energy and environment auditors, inspectors, and raters, or an equivalent certification system as determined by the Administrator. | |
| (2) BPI certification or licensing by States of residential building energy and environmental retrofit contractors, or an equivalent certification or licensing system as determined by the Administrator. | (2) BPI certification or licensing by States of residential building energy and environmental retrofit contractors, or an equivalent certification or licensing system as determined by the Administrator. | |
| (3) Provision of BPI, RESNET, or other appropriate information on equipment and procedures, as determined by the Administrator, that contractors can use to test the energy and environmental efficiency of buildings effectively | (3) Provision of BPI, RESNET, or other appropriate information on equipment and procedures, as determined by the Administrator, that contractors can use to test the energy and environmental efficiency of buildings effectively | |
| (such as infrared photography and pressurized testing, and tests for water use and indoor air quality). | (such as infrared photography and pressurized testing, and tests for water use and indoor air quality). | |
| (4) Provision of clear and effective materials to describe the testing and retrofit processes for typical buildings. | (4) Provision of clear and effective materials to describe the testing and retrofit processes for typical buildings. | |
| (5) Guidelines for offering and managing prescriptive building retrofit programs and performance-based building retrofit programs for residential and nonresidential buildings. | (5) Guidelines for offering and managing prescriptive building retrofit programs and performance-based building retrofit programs for residential and nonresidential buildings. | |
| (6) Guidelines for applying recommissioning and retrocommissioning principles to improve a building’s operations and maintenance procedures. | (6) Guidelines for applying recommissioning and retrocommissioning principles to improve a building’s operations and maintenance procedures. | |
| (7) A requirement that building retrofits conducted pursuant to a REEP program utilize, espe cially in all air-conditioned buildings, roofing materials with high solar energy reflectance, unless inappropriate due to green roof management, solar energy production, or for other reasons identified by the Administrator, in order to reduce energy consumption within the building, increase the albedo of the building’s roof, and decrease the heat island effect in the area of the building, without reduction of otherwise applicable ceiling insulation standards. | (7) A requirement that building retrofits conducted pursuant to a REEP program utilize, especially in all air-conditioned buildings, roofing materials with high solar energy reflectance, unless inappropriate due to green roof management, solar energy production, or for other reasons identified by the Administrator, in order to reduce energy consumption within the building, increase the albedo of the building’s roof, and decrease the heat island effect in the area of the building, without reduction of otherwise applicable ceiling insulation standards. | |
| (8) Determination of energy savings in a performance-based building retrofit program through— | (8) Determination of energy savings in a performance-based building retrofit program through— | |
| (A) for residential buildings, comparison of before and after retrofit scores on the Home Energy Rating System | (A) for residential buildings, comparison of before and after retrofit scores on the Home Energy Rating System | |
| (HERS) Index, where the final score is produced by an objective third party; | (HERS) Index, where the final score is produced by an objective third party; | |
| (B) for nonresidential buildings, Environmental Protection Agency Portfolio Manager benchmarks; or | (B) for nonresidential buildings, Environmental Protection Agency Portfolio Manager benchmarks; or | |
| (C) for either residential or nonresidential buildings, use of an Administrator-approved simulation program by a contractor with the appropriate certification, subject to appropriate software standards and verification of at least 5 percent of all work done, or such other percentage as the Administrator may determine. | (C) for either residential or nonresidential buildings, use of an Administrator-approved simulation program by a contractor with the appropriate certification, subject to appropriate software standards and verification of at least 5 percent of all work done, or such other percentage as the Administrator may determine. | |
| (9) Guidelines for utilizing the Energy Star Portfolio Manager, the Home Energy Rating System | (9) Guidelines for utilizing the Energy Star Portfolio Manager, the Home Energy Rating System | |
| (HERS) rating system, Home Performance with Energy Star program approvals, and any other tools associated with the retrofit program. | (HERS) rating system, Home Performance with Energy Star program approvals, and any other tools associated with the retrofit program. | |
| (10) Requirements and guidelines for post-retrofit inspection and confirmation of work and energy savings. | (10) Requirements and guidelines for post-retrofit inspection and confirmation of work and energy savings. | |
| (11) Detailed descriptions of funding options for the benefit of State and local governments, along with model forms, accounting aids, agreements, and guides to best practices. | (11) Detailed descriptions of funding options for the benefit of State and local governments, along with model forms, accounting aids, agreements, and guides to best practices. | |
| (12) Guidance on opportunities for— | (12) Guidance on opportunities for— | |
| (A) rating or certifying retrofitted buildings as Energy Star buildings, or as green buildings under a recognized green building rating system; | (A) rating or certifying retrofitted buildings as Energy Star buildings, or as green buildings under a recognized green building rating system; | |
| (B) assigning Home Energy Rating System | (B) assigning Home Energy Rating System | |
| (HERS) or similar ratings; and | (HERS) or similar ratings; and | |
| (C) completing any applicable building performance labels. | (C) completing any applicable building performance labels. | |
| (13) Sample materials for publicizing the program to building owners, including public service announcements and advertisements. | (13) Sample materials for publicizing the program to building owners, including public service announcements and advertisements. | |
| (14) Processes for tracking the numbers and locations of buildings retrofitted under the REEP program, with information on projected and actual savings of energy and its value over time. | (14) Processes for tracking the numbers and locations of buildings retrofitted under the REEP program, with information on projected and actual savings of energy and its value over time. | |
| (g) REQUIREMENTS.—As a condition of receiving assistance for the REEP program pursuant to this Act, a State or qualifying local government shall— | <> | (h) REQUIREMENTS.—As a condition of receiving assistance for the REEP program pursuant to this Act, a State or qualifying local government shall— |
| (1) adopt the standards for training, certification of contractors, certification of buildings, and post-retrofit inspection as developed by the Administrator for residential and nonresidential buildings, respectively, except as necessary to match local conditions, needs, efficiency opportunities, or other local factors, or to accord with State laws or regulations, and then only after the Administrator approves such a variance; | = | (1) adopt the standards for training, certification of contractors, certification of buildings, and post-retrofit inspection as developed by the Administrator for residential and nonresidential buildings, respectively, except as necessary to match local conditions, needs, efficiency opportunities, or other local factors, or to accord with State laws or regulations, and then only after the Administrator approves such a variance; |
| (2) establish fiscal controls and accounting procedures | (2) establish fiscal controls and accounting procedures | |
| (which conform to generally accepted government accounting principles) sufficient to ensure proper accounting during appropriate accounting periods for payments received and disbursements, and for fund balances; and | (which conform to generally accepted government accounting principles) sufficient to ensure proper accounting during appropriate accounting periods for payments received and disbursements, and for fund balances; and | |
| (3) agree to make 10 percent of assistance received to carry out this section available on a preferential basis for retrofit projects proposed for public housing and assisted housing, provided that— | (3) agree to make 10 percent of assistance received to carry out this section available on a preferential basis for retrofit projects proposed for public housing and assisted housing, provided that— | |
| (A) none of such funds shall be used for demolition of such housing; | (A) none of such funds shall be used for demolition of such housing; | |
| (B) such retrofits not shall not be used to justify any increase in rents charged to residents of such housing; and | (B) such retrofits not shall not be used to justify any increase in rents charged to residents of such housing; and | |
| (C) owners of such housing shall agree to continue to provide affordable housing consistent with the provisions of the authorizing legislation governing each program for an additional period commensurate with the funding received; and | (C) owners of such housing shall agree to continue to provide affordable housing consistent with the provisions of the authorizing legislation governing each program for an additional period commensurate with the funding received; and | |
| (4) the Administrator shall conduct or require each State to have such independent financial audits of REEP-related funding as the Administrator considers necessary or appropriate to carry out the purposes of this section. | (4) the Administrator shall conduct or require each State to have such independent financial audits of REEP-related funding as the Administrator con siders necessary or appropriate to carry out the purposes of this section. | |
| (h) OPTIONS TO SUPPORT REEP PROGRAM.—The assistance provided under this section shall support the implementation through State REEP programs of alternate means of creating incentives for, or reducing financial bar riers to, improved energy and environmental performance in buildings, consistent with this section, including— | <> | (i) OPTIONS TO SUPPORT REEP PROGRAM.—The assistance provided under this section shall support the implementation through State REEP programs of alternate means of creating incentives for, or reducing financial barriers to, improved energy and environmental performance in buildings, consistent with this section, including— |
| (1) implementing prescriptive building retrofit programs and performance-based building retrofit programs; | = | (1) implementing prescriptive building retrofit programs and performance-based building retrofit programs; |
| (2) providing credit enhancement, interest rate subsidies, loan guarantees, or other credit support; | (2) providing credit enhancement, interest rate subsidies, loan guarantees, or other credit support; | |
| (3) providing initial capital for public revolving fund financing of retrofits; | (3) providing initial capital for public revolving fund financing of retrofits; | |
| (4) providing funds to support utility-operated retrofit programs with repayments over time through utility rates, calibrated to create net positive cash flow to the building owner, and transferable from one building owner to the next with the building’s utility services; | (4) providing funds to support utility-operated retrofit programs with repayments over time through utility rates, calibrated to create net positive cash flow to the building owner, and transferable from one building owner to the next with the building’s utility services; | |
| (5) providing funds to local government programs to provide REEP services and financial assistance; and | (5) providing funds to local government programs to provide REEP services and financial assistance; and | |
| (6) other means proposed by State and local agencies, subject to the approval of the Administrator. | (6) other means proposed by State and local agencies, subject to the approval of the Administrator. | |
| (i) SUPPORT FOR PROGRAM.— | <> | (j) SUPPORT FOR PROGRAM.— |
| (1) INITIAL AWARD LIMITS.—Except as provided in paragraph | = | (1) INITIAL AWARD LIMITS.—Except as provided in paragraph |
| (2), State and local REEP programs may make per-building direct expenditures for retrofit improvements, or their equivalent in indirect or other forms of financial support, from funds made available to carry out this section, in amounts not to exceed the following amounts per unit: | (2), State and local REEP programs may make per-building direct expenditures for retrofit improvements, or their equivalent in indirect or other forms of financial support, from funds made available to carry out this section, in amounts not to exceed the following amounts per unit: | |
| (A) RESIDENTIAL BUILDING PROGRAM.— | (A) RESIDENTIAL BUILDING PROGRAM.— | |
| (i) AWARDS.—For residential buildings— | (i) AWARDS.—For residential buildings— | |
| (I) support for a free or low-cost detailed building energy audit that prescribes measures sufficient to achieve at least a 20 percent reduction in energy use, by providing an incentive equal to the documented cost of such audit, but not more than $200, in addition to any earned by achieving a 20 percent or greater efficiency improvement; | (I) support for a free or low-cost detailed building energy audit that prescribes measures sufficient to achieve at least a 20 percent reduction in energy use, by providing an incentive equal to the documented cost of such audit, but not more than $200, in addition to any earned by achieving a 20 percent or greater efficiency improvement; | |
| (II) a total of $1,000 for a combination of measures, prescribed in an audit conducted under subclause | (II) a total of $1,000 for a combination of measures, prescribed in an audit conducted under subclause | |
| (I), designed to reduce energy consumption by more than 10 percent, and $2,000 for a combination of measures prescribed in such an audit, designed to reduce energy consumption by more than 20 percent; | (I), designed to reduce energy consumption by more than 10 percent, and $2,000 for a combination of measures prescribed in such an audit, designed to reduce energy consumption by more than 20 percent; | |
| (III) $3,000 for demonstrated savings of 20 percent, pursuant to a performance-based building retrofit program; and | (III) $3,000 for demonstrated savings of 20 percent, pursuant to a performance-based building retrofit program; and | |
| (IV) $1,000 for each additional percentage points of energy savings achieved beyond savings for which funding is provided under subclause | (IV) $1,000 for each additional percentage points of energy savings achieved beyond savings for which funding is provided under subclause | |
| (II) or | (II) or | |
| (III). Funding shall not be provided under clauses | (III). Funding shall not be provided under clauses | |
| (II) and | (II) and | |
| (III) for the same energy savings. | (III) for the same energy savings. | |
| (ii) MAXIMUM PERCENTAGE.—Awards under clause | (ii) MAXIMUM PERCENTAGE.—Awards under clause | |
| (i) shall not exceed 50 percent of retrofit costs for each building. For buildings with multiple residential units, awards under clause | (i) shall not exceed 50 percent of retrofit costs for each building. For buildings with multiple residential units, awards under clause | |
| (i) shall not be greater than 50 percent of the total cost of retrofitting the building, prorated among individual residential units on the basis of relative costs of the retrofit. In the case of public housing and assisted housing, the 50 percent contribution matching the con tribution from REEP program funds may come from any other source, including other Federal funds. | <> | (i) shall not be greater than 50 percent of the total cost of retrofitting the building, prorated among individual residential units on the basis of relative costs of the retrofit. In the case of public housing and assisted housing, the 0 percent contribution matching the contribution from REEP program funds may come from any other source, including other Federal funds. |
| (iii) ADDITIONAL AWARDS.—Additional awards may be provided for purposes of increasing energy efficiency, for buildings achieving at least 20 percent energy savings using funding provided under clause | = | (iii) ADDITIONAL AWARDS.—Additional awards may be provided for purposes of increasing energy efficiency, for buildings achieving at least 20 percent energy savings using funding provided under clause |
| (i), in the form of grants of not more than $600 for measures projected or measured | (i), in the form of grants of not more than $600 for measures projected or measured | |
| (using an appropriate method approved by the Administrator) to achieve at least 35 percent potable water savings through equipment or systems with an estimated service life of not less than years, and not more than an additional $20 may be provided for each additional one percent of such savings, up to a maximum total grant of $1,200. | (using an appropriate method approved by the Administrator) to achieve at least 35 percent potable water savings through equipment or systems with an estimated service life of not less than years, and not more than an additional $20 may be provided for each additional one percent of such savings, up to a maximum total grant of $1,200. | |
| (B) NONRESIDENTIAL BUILDING PROGRAM.— | (B) NONRESIDENTIAL BUILDING PROGRAM.— | |
| (i) AWARDS.—For nonresidential buildings— | (i) AWARDS.—For nonresidential buildings— | |
| (I) support for a free or low-cost detailed building energy audit that prescribes, as part of a energy-reducing measures sufficient to achieve at least a 20 percent reduction in energy use, by providing an incentive equal to the documented cost of such audit, but not more than $500, in addition to any award earned by achieving a 0 percent or greater efficiency improvement; | <> | (I) support for a free or low-cost detailed building energy audit that prescribes, as part of a energy-reducing measures sufficient to achieve at least a 20 percent reduction in energy use, by providing an incentive equal to the documented cost of such audit, but not more than $500, in addition to any award earned by achieving a 20 percent or greater efficiency improvement; |
| (II) $0.15 per square foot of retrofit area for demonstrated energy use reductions from 20 percent to 30 percent; | = | (II) $0.15 per square foot of retrofit area for demonstrated energy use reductions from 20 percent to 30 percent; |
| (III) $0.75 per square foot for demonstrated energy use reductions from 30 percent to 40 percent; | (III) $0.75 per square foot for demonstrated energy use reductions from 30 percent to 40 percent; | |
| (IV) $1.60 per square foot for demonstrated energy use reductions from 40 percent to 50 percent; and | (IV) $1.60 per square foot for demonstrated energy use reductions from 40 percent to 50 percent; and | |
| (V) $2.50 per square foot for demonstrated energy use reductions exceeding 50 percent. | (V) $2.50 per square foot for demonstrated energy use reductions exceeding 50 percent. | |
| (ii) MAXIMUM PERCENTAGE.— Amounts provided under subclauses | (ii) MAXIMUM PERCENTAGE.— Amounts provided under subclauses | |
| (II) through | (II) through | |
| (V) of clause | (V) of clause | |
| (i) combined shall not exceed 50 percent of the total retrofit cost of a building. In nonresidential buildings with multiple units, such awards shall be prorated among individual units on the basis of relative costs of the retrofit. | (i) combined shall not exceed 50 percent of the total retrofit cost of a building. In nonresidential buildings with multiple units, such awards shall be prorated among individual units on the basis of relative costs of the retrofit. | |
| (iii) ADDITIONAL AWARDS.—Additional awards may be provided, for buildings achieving at least 20 percent energy savings using funding provided under clause | (iii) ADDITIONAL AWARDS.—Additional awards may be provided, for buildings achieving at least 20 percent energy savings using funding provided under clause | |
| (i), as follows: | (i), as follows: | |
| (I) WATER.—For purposes of increasing energy efficiency, grants may be made for whole building potable water use reduction | (I) WATER.—For purposes of increasing energy efficiency, grants may be made for whole building potable water use reduction | |
| (using an appropriate method approved by the Administrator) for up to 50 percent of the total retrofit cost, including amounts up to— | (using an appropriate method approved by the Administrator) for up to 50 percent of the total retrofit cost, including amounts up to— | |
| (aa) $24.00 per thousand gallons per year of potable water savings of 40 percent or more; | (aa) $24.00 per thousand gallons per year of potable water savings of 40 percent or more; | |
| (bb) $27.00 per thousand gallons per year of potable water savings of 50 percent or more; and | (bb) $27.00 per thousand gallons per year of potable water savings of 50 percent or more; and | |
| (cc) $30.00 per thousand gallons per year of potable water savings of 60 percent or more. | (cc) $30.00 per thousand gallons per year of potable water savings of 60 percent or more. | |
| (II) ENVIRONMENTAL IMPROVEMENTS.—Additional awards of up to $1,000 may be granted for the inclusion of other environmental attributes that the Administrator, in consultation with the Secretary, identifies as contributing to energy efficiency. Such attributes may include, but are not limited to waste diversion and the use of environmentally preferable materials | (II) ENVIRONMENTAL IMPROVEMENTS.—Additional awards of up to $1,000 may be granted for the inclusion of other environmental attributes that the Administrator, in consultation with the Secretary, identifies as contributing to energy efficiency. Such attributes may include, but are not limited to waste diversion and the use of environmentally preferable materials | |
| (including salvaged, renewable, or recycled materials, and materials with no or low-VOC content). The Administrator may recommend that States develop such standards as are necessary to account for local or regional conditions that may affect the feasibility or availability of identified resources and attributes. | (including salvaged, renewable, or recycled materials, and materials with no or low-VOC content). The Ad ministrator may recommend that States develop such standards as are necessary to account for local or regional conditions that may affect the feasibility or availability of identified resources and attributes. | |
| (iv) INDOOR AIR QUALITY MINIMUM.— Nonresidential buildings receiving incentives under this section must satisfy at a minimum the most recent version of ASHRAE Standard 62.1 for ventilation, or the equivalent as determined by the Administrator. A State may issue a waiver from this requirement to a building project on a showing that such compliance is infeasible due to the physical constraints of the building’s existing ventilation system, or such other limitations as may be specified by the Administrator. | (iv) INDOOR AIR QUALITY MINIMUM.— Nonresidential buildings receiving incentives under this section must satisfy at a minimum the most recent version of ASHRAE Standard 62.1 for ventilation, or the equivalent as determined by the Administrator. A State may issue a waiver from this requirement to a building project on a showing that such compliance is infeasible due to the physical constraints of the building’s existing ventilation system, or such other limitations as may be specified by the Administrator. | |
| (C) DISASTER DAMAGED BUILDINGS.—Any source of funds, including Federal funds provided through the Robert T. Stafford Disaster Relief and Emergency Assistance Act, shall qualify as the building owner’s 50 percent contribution, in order to match the contribution of REEP funds, so long as the REEP funds are only used to improve the energy efficiency of the buildings being reconstructed. In addition, the appropriate Federal agencies providing assistance to building owners through the Robert T. Stafford Disaster Relief and Emergency Assistance Act shall make information available, following a disaster, to building owners rebuilding disaster damaged buildings with assistance from the Act, that REEP funds may be used for energy efficiency improvements. | (C) DISASTER DAMAGED BUILDINGS.—Any source of funds, including Federal funds provided through the Robert T. Stafford Disaster Relief and Emergency Assistance Act, shall qualify as the building owner’s 50 percent contribution, in order to match the contribution of REEP funds, so long as the REEP funds are only used to improve the energy efficiency of the buildings being reconstructed. In addition, the appropriate Federal agencies providing assistance to building owners through the Robert T. Stafford Disaster Relief and Emergency Assistance Act shall make information available, following a disaster, to building owners rebuilding disaster damaged buildings with assistance from the Act, that REEP funds may be used for energy efficiency improvements. | |
| (D) HISTORIC BUILDINGS.—Notwithstanding subparagraphs | (D) HISTORIC BUILDINGS.—Notwithstanding subparagraphs | |
| (A) and | (A) and | |
| (B), a building in or eligible for the National Register of Historic Places shall be eligible for awards under this paragraph in amounts up to 120 percent of the amounts set forth in subparagraphs | (B), a building in or eligible for the National Register of Historic Places shall be eligible for awards under this paragraph in amounts up to 120 percent of the amounts set forth in subparagraphs | |
| (A) and | (A) and | |
| (B). | (B). | |
| (E) SUPPLEMENTAL SUPPORT.—State and local governments may supplement the perbuilding expenditures under this paragraph with funding from other sources. | (E) SUPPLEMENTAL SUPPORT.—State and local governments may supplement the perbuilding expenditures under this paragraph with funding from other sources. | |
| (2) ADJUSTMENT.—The Administrator may adjust the specific dollar amounts provided under paragraph | (2) ADJUSTMENT.—The Administrator may adjust the specific dollar amounts provided under paragraph | |
| (1) in years subsequent to the second year after the date of enactment of this Act, and every 2 years thereafter, as the Administrator determines necessary to achieve optimum cost-effectiveness and to maximize incentives to achieve energy efficiency within the total building award amounts provided in that paragraph, and shall publish and hold constant such revised limits for at least 2 years. | <> | (1) in years subsequent to the second year after the date of enactment of this Act, and every years thereafter, as the Administrator determines necessary to achieve optimum cost-effectiveness and to maximize incentives to achieve energy efficiency within the total building award amounts provided in that paragraph, and shall publish and hold constant such revised limits for at least 2 years. |
| (j) REPORT TO CONGRESS.—The Administrator shall conduct an annual assessment of the achievements of the REEP program in each State, shall prepare an annual report of such achievements and any recommendations for program modifications, and shall provide such report to Congress at the end of each fiscal year during which funding or other resources were made available to the States for the REEP Program. Subtitle G—Emission Reductions From Public Transportation Vehicles SEC. 171. SHORT | (k) REPORT TO CONGRESS.—The Administrator shall conduct an annual assessment of the achievements of the REEP program in each State, shall prepare an annual report of such achievements and any recommendations for program modifications, and shall provide such report to Congress at the end of each fiscal year during which funding or other resources were made available to the States for the REEP Program. SEC. 165. CERTIFIED STOVES PROGRAM. | |
| (a) DEFINITIONS.—In this section: | ||
| (1) AGENCY.—The term ‘‘Agency’’ means the Environmental Protection Agency. | ||
| (2) CERTIFIED STOVE.— | ||
| (A) IN GENERAL.—The term ‘‘certified stove’’ means a wood stove or pellet stove that meets the standards of performance for new residential wood heaters under subpart AAA of part 60 of subchapter C of chapter I of title 40, Code of Federal Regulations | ||
| (or successor regulations), as certified by the Administrator. | ||
| (B) INCLUSION.—The term ‘‘certified stove’’ includes a pellet stove or fireplace insert that uses pellets for fuel that are exempt from testing by the Administrator but meet the same standards of performance as wood stoves. | ||
| (3) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— | ||
| (A) a State, a local government, or a federally recognized Indian tribe; | ||
| (B) an Alaskan Native village or regional or village corporation | ||
| (as defined in, or established under, the Alaskan Native Claims Settlement Act | ||
| (43 U.S.C. 1601 et seq.)); and | ||
| (C) a nonprofit organization or institution that— | ||
| (i) represents or provides pollution reduction or educational services relating to wood smoke minimization to persons, organizations, or communities; or | ||
| (ii) has, as the principal purpose of the organization or institution, the promotion of air quality or energy efficiency. | ||
| (4) WOOD STOVE OR PELLET STOVE.—The term ‘‘wood stove or pellet stove’’ means a wood stove, pellet stove, or fireplace insert that uses wood or pellets for fuel. | ||
| (b) ESTABLISHMENT.—The Administrator shall establish and carry out a program to assist in the replacement of wood stoves or pellet stoves that do not meet the standards of performance described in subsection | ||
| (a) | ||
| (2) by— | ||
| (1) requiring that each wood stove or pellet stove sold in the United States on and after the date of enactment of this Act meet the standards of performance described in subsection | ||
| (a) | ||
| (2); | ||
| (2) requiring that no wood stove or pellet stove replaced under the program is sold or returned to active service, but that it is instead destroyed and recycled, to the maximum extent practicable; | ||
| (3) providing funds to an eligible entity to replace a wood stove or pellet stove that does not meet the standards of performance described in subsection | ||
| (a) | ||
| (2) with a certified stove, including funds to pay for— | ||
| (A) installation of a replacement certified stove; and | ||
| (B) necessary replacement of or repairs to ventilation, flues, chimneys, or other applicable items necessary for safe installation of a replacement certified stove; | ||
| (4) in addition to any funds that may be appropriated for the program under this section, using existing Federal, State, and local programs and incentives, to the maximum extent practicable; | ||
| (5) prioritizing the replacement of wood stoves or pellet stoves manufactured before July 1, 1990; and | ||
| (6) carrying out such other activities as the Administrator determines appropriate to facilitate the replacement of wood stoves or pellet stoves that do not meet the standards of performance described in subsection | ||
| (a) | ||
| (2). | ||
| (c) EPA AUTHORITY TO ACCEPT WOOD STOVE OR PELLET STOVE REPLACEMENT SUPPLEMENTAL ENVIRONMENTAL PROJECTS.— | ||
| (1) IN GENERAL.—Notwithstanding sections 1301 and 3302 of title 31, United States Code, the Administrator may accept a wood stove or pellet stove replacement supplemental environmental project as part of a settlement of any alleged violation of environmental law if the project— | ||
| (A) protects human health or the environment; | ||
| (B) is related to the underlying alleged violation; | ||
| (C) does not constitute activities that the defendant would otherwise be legally required to perform; and | ||
| (D) does not provide funds for the staff of the Agency or for contractors to carry out the internal operations of the Agency. | ||
| (2) CERTIFICATION.— | ||
| (A) IN GENERAL.—In any settlement agreement regarding an alleged violation of environmental law under which a defendant agrees to perform a wood stove or pellet stove replacement supplemental environmental project, the Administrator shall require the defendant to include in the settlement documents a certification under penalty of law that the defendant would have agreed to perform a comparably valued, alternative project other than a wood stove or pellet stove replacement supplemental environmental project if the Administrator were precluded by law from accepting a wood stove or pellet stove replacement supplemental environmental project. | ||
| (B) EFFECT OF OMISSION.—A failure by the Administrator to include the certification described in subparagraph | ||
| (A) in a settlement agreement shall not— | ||
| (i) create a cause of action against the United States under the Clean Air Act | ||
| (U.S.C. 7401 et seq.) or any other law; or | ||
| (ii) create a basis for overturning a settlement agreement entered into by the United States. | ||
| (d) REGULATIONS.—The Administrator may promulgate such regulations as are necessary to carry out the program established under subsection | ||
| (b). | ||
| (e) FUNDING.— | ||
| (1) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to carry out the program established under subsection | ||
| (b) $20,000,000 for the period of fiscal years 20through 2014. | ||
| (2) DESIGNATED USE.—Of amounts appropriated pursuant to this subsection— | ||
| (A) 25 percent shall be designated for use to carry out the program established under sub section | ||
| (b) on land held in trust for the benefit of a federally recognized Indian tribe; | ||
| (B) 3 percent shall be designated for use to carry out the program in Alaskan Native villages or regional or village corporations | ||
| (as defined in, or established under, the Alaskan Native Claims Settlement Act | ||
| (43 U.S.C. 1601 et seq.)); and | ||
| (C) 72 percent shall be designated for use to carry out the program nationwide. | ||
| (3) REGULATORY PROGRAMS.— | ||
| (A) IN GENERAL.—No grant or loan provided under subsection | ||
| (b) shall be used to fund the costs of emission reductions that are mandated under Federal, State, or local law. | ||
| (B) MANDATED MEASURES.—For purposes of subparagraph | ||
| (A), voluntary or elective emission reduction measures shall not be considered mandated, regardless of whether the reductions are included in the implementation plan of a State. SEC. 166. RENEWABLE FUEL STANDARD. | ||
| (a) DEFINITIONS.—Section 211 | ||
| (o) | ||
| (1) of the Clean Air Act | ||
| (42 U.S.C. 7545 | ||
| (o) | ||
| (1)) is amended— | ||
| (1) in subparagraph | ||
| (B) | ||
| (ii) | ||
| (VII), by striking ‘‘cellulosic’’ and inserting ‘‘advanced green’’; | ||
| (2) by striking subparagraph | ||
| (E); | ||
| (3) by redesignating subparagraphs | ||
| (C) and | ||
| (D) as subparagraphs | ||
| (D) and | ||
| (E), respectively; and | ||
| (4) by inserting after subparagraph | ||
| (B) the following: ‘‘ | ||
| (C) ADVANCED GREEN BIOFUEL.—The term ‘advanced green biofuel’ means renewable fuel that— ‘‘ | ||
| (i) is derived from renewable biomass; and ‘‘ | ||
| (ii) has lifecycle greenhouse gas emissions that are at least 60 percent less than the baseline lifecycle greenhouse gas emissions.’’. | ||
| (b) STANDARD.—Section 211 | ||
| (o) of the Clean Air Act | ||
| (42 U.S.C. 7545 | ||
| (o)) is amended— | ||
| (1) in paragraph | ||
| (2)— | ||
| (A) in subparagraph | ||
| (A) | ||
| (i), by striking ‘‘cellulosic’’ and inserting ‘‘advanced green’’; and | ||
| (B) in subparagraph | ||
| (B)— | ||
| (i) in clause | ||
| (i) | ||
| (III)— | ||
| (I) in the subclause heading, by striking ‘‘CELLULOSIC’’ and inserting ‘‘ADVANCED GREEN’’; | ||
| (II) by striking ‘‘cellulosic’’ and inserting ‘‘advanced green’’; and | ||
| (III) in the heading of the right column, by striking ‘‘cellulosic’’ and inserting ‘‘advanced green’’; | ||
| (ii) in clause | ||
| (ii) | ||
| (III), by striking ‘‘cellulosic’’ and inserting ‘‘advanced green’’; and | ||
| (iii) in clause | ||
| (iv)— | ||
| (I) in the clause heading, by striking ‘‘CELLULOSIC’’ and inserting ‘‘ADVANCED GREEN’’; and | ||
| (II) by striking ‘‘cellulosic’’ and inserting ‘‘advanced green’’; | ||
| (2) in paragraphs | ||
| (3) | ||
| (A), | ||
| (4) | ||
| (A), and | ||
| (4) | ||
| (B), by striking ‘‘cellulosic’’ each place it appears and inserting ‘‘advanced green’’; and | ||
| (3) in paragraph | ||
| (7) | ||
| (D)— | ||
| (A) in the subparagraph heading, by striking ‘‘CELLULOSIC’’ and inserting ‘‘ADVANCED GREEN’’; and | ||
| (B) by striking ‘‘cellulosic’’ each place it appears and inserting ‘‘advanced green’’. Subtitle G—Emission Reductions From Public Transportation Vehicles SEC. 171. SHORT | ||
| TITLE. This subtitle may be cited as the ‘‘Green Taxis Act of 2009’’. SEC. 172. STATE FUEL ECONOMY REGULATION FOR TAXICABS. Section 32919 of title 49, United States Code, is amended by adding at the end the following new subsection: ‘‘ | = | TITLE. This subtitle may be cited as the ‘‘Green Taxis Act of 2009’’. SEC. 172. STATE FUEL ECONOMY REGULATION FOR TAXICABS. Section 32919 of title 49, United States Code, is amended by adding at the end the following new subsection: ‘‘ |
| (d) TAXICABS.—Notwithstanding subsection | (d) TAXICABS.—Notwithstanding subsection | |
| (a), a State or political subdivision of a State may prescribe requirements for fuel economy for taxicabs and other automobiles if such requirements are at least as stringent as applicable Federal requirements and if such taxicabs and other automobiles— ‘‘ | (a), a State or political subdivision of a State may prescribe requirements for fuel economy for taxicabs and other automobiles if such requirements are at least as stringent as applicable Federal requirements and if such taxicabs and other automobiles— ‘‘ | |
| (1) are automobiles that are capable of transporting not more than 10 individuals, including the driver; ‘‘ | (1) are automobiles that are capable of transporting not more than 10 individuals, including the driver; ‘‘ | |
| (2) are commercially available or are designed and manufactured pursuant to a contract with such State or political subdivision of such State; ‘‘ | (2) are commercially available or are designed and manufactured pursuant to a contract with such State or political subdivision of such State; ‘‘ | |
| (3) are operated for hire pursuant to an operating or regulatory license, permit, or other authorization issued by such State or political subdivision of such State; ‘‘ | (3) are operated for hire pursuant to an operating or regulatory license, permit, or other authorization issued by such State or political subdivision of such State; ‘‘ | |
| (4) provide local transportation for a fare determined on the basis of the time or distance traveled or a combination of time and distance traveled; and ‘‘ | (4) provide local transportation for a fare determined on the basis of the time or distance traveled or a combination of time and distance traveled; and ‘‘ | |
| (5) do not exclusively provide transportation to and from airports.’’. SEC. 173. STATE REGULATION OF MOTOR VEHICLE EMISSIONS FOR TAXICABS. Section 209 of the Clean Air Act | (5) do not exclusively provide transportation to and from airports.’’. SEC. 173. STATE REGULATION OF MOTOR VEHICLE EMISSIONS FOR TAXICABS. Section 209 of the Clean Air Act | |
| (42 U.S.C. 7543) is amended by adding at the end the following new subsection: ‘‘ | (42 U.S.C. 7543) is amended by adding at the end the following new subsection: ‘‘ | |
| (f) TAXICABS.— | (f) TAXICABS.— | |
| (1) Notwithstanding subsection | (1) Notwithstanding subsection | |
| (a), a State or political subdivision thereof may adopt and enforce standards for the control of emissions from new motor vehicles that are taxicabs and other vehicles if such standards will be, in the aggregate, at least as protective of public health and welfare as applicable Federal standards and if such taxicabs and other vehicles— ‘‘ | (a), a State or political subdivision thereof may adopt and enforce standards for the control of emissions from new motor vehicles that are taxicabs and other vehicles if such standards will be, in the aggregate, at least as protective of public health and welfare as applicable Federal standards and if such taxicabs and other vehicles— ‘‘ | |
| (A) are passenger motor vehicles that are capable of transporting not more than 10 individuals, including the driver; ‘‘ | (A) are passenger motor vehicles that are capable of transporting not more than 10 individuals, including the driver; ‘‘ | |
| (B) are commercially available or are designed and manufactured pursuant to a contract with such State or political subdivision thereof; ‘‘ | (B) are commercially available or are designed and manufactured pursuant to a contract with such State or political subdivision thereof; ‘‘ | |
| (C) are operated for hire pursuant to an operating or regulatory license, permit, or other authorization issued by such State or political subdivision thereof; ‘‘ | (C) are operated for hire pursuant to an operating or regulatory license, permit, or other authorization issued by such State or political subdivision thereof; ‘‘ | |
| (D) provide local transportation for a fare determined on the basis of the time or distance traveled or a combination of time and distance traveled; and ‘‘ | (D) provide local transportation for a fare determined on the basis of the time or distance traveled or a combination of time and distance traveled; and ‘‘ | |
| (E) do not exclusively provide transportation to and from airports. ‘‘ | (E) do not exclusively provide transportation to and from airports. ‘‘ | |
| (2) If each standard of a State or political subdivision thereof is at least as stringent as the comparable applicable Federal standard, such standard of such State or political subdivision thereof shall be deemed at least as protective of health and welfare as such Federal standards for purposes of this subsection.’’. Subtitle H—Clean Energy and Natural Gas SEC. 181. CLEAN ENERGY AND ACCELERATED EMISSION REDUCTION PROGRAM. | (2) If each standard of a State or political subdivision thereof is at least as stringent as the comparable applicable Federal standard, such standard of such State or political subdivision thereof shall be deemed at least as protective of health and welfare as such Federal standards for purposes of this subsection.’’. Subtitle H—Clean Energy and Natural Gas SEC. 181. CLEAN ENERGY AND ACCELERATED EMISSION REDUCTION PROGRAM. | |
| (a) ESTABLISHMENT.— | (a) ESTABLISHMENT.— | |
| (1) IN GENERAL.—The Administrator shall establish a program to promote dispatchable power generation projects that can accelerate the reduction of power sector carbon dioxide and other greenhouse gas emissions. | (1) IN GENERAL.—The Administrator shall establish a program to promote dispatchable power generation projects that can accelerate the reduction of power sector carbon dioxide and other greenhouse gas emissions. | |
| (2) USE OF FUNDS.—Funds provided under this section shall be used by the Administrator to make incentive payments to owners or operators of eligible projects. | (2) USE OF FUNDS.—Funds provided under this section shall be used by the Administrator to make incentive payments to owners or operators of eligible projects. | |
| (b) REGULATIONS.—Not later than 90 days after the date of enactment of this Act, the Administrator shall promulgate regulations providing for incentives, pursuant to the requirements of this section. | (b) REGULATIONS.—Not later than 90 days after the date of enactment of this Act, the Administrator shall promulgate regulations providing for incentives, pursuant to the requirements of this section. | |
| (c) GOAL.—Not later than 3 years after the date of enactment of this Act, the Administrator shall provide incentives for eligible projects that generate 300,0gigawatt-hours of electricity per year. | (c) GOAL.—Not later than 3 years after the date of enactment of this Act, the Administrator shall provide incentives for eligible projects that generate 300,0gigawatt-hours of electricity per year. | |
| (d) CRITERIA FOR ELIGIBLE PROJECTS.—To be eligible for funding under this section a project must— | (d) CRITERIA FOR ELIGIBLE PROJECTS.—To be eligible for funding under this section a project must— | |
| (1) reduce emissions below the 2007 average greenhouse gas emissions per megawatt-hour of the United States electric power sector by the quantity specified in subsection | (1) reduce emissions below the 2007 average greenhouse gas emissions per megawatt-hour of the United States electric power sector by the quantity specified in subsection | |
| (f); and | (f); and | |
| (2) not receive an investment or production credit in— | (2) not receive an investment or production credit in— | |
| (A) the year in which the project is placed in service; or | (A) the year in which the project is placed in service; or | |
| (B) calendar year 2009, notwithstanding the year in which the project was placed in service. | (B) calendar year 2009, notwithstanding the year in which the project was placed in service. | |
| (e) PRIORITY.—The Administrator shall give priority to eligible projects from the following categories: | (e) PRIORITY.—The Administrator shall give priority to eligible projects from the following categories: | |
| (1) Power generation projects designed to integrate intermittent renewable power into the bulkpower system. | (1) Power generation projects designed to integrate intermittent renewable power into the bulkpower system. | |
| (2) Energy storage projects used to support renewable energy. | (2) Energy storage projects used to support renewable energy. | |
| (3) Power generation projects with carbon capture and sequestration that are not eligible for other assistance under this Act. | (3) Power generation projects with carbon capture and sequestration that are not eligible for other assistance under this Act. | |
| (4) Projects that achieve the greatest reduction in greenhouse gas emissions per dollar of incentive payment. | (4) Projects that achieve the greatest reduction in greenhouse gas emissions per dollar of incentive payment. | |
| (f) EMISSION REDUCTION CRITERIA.—For the purposes of subsection | (f) EMISSION REDUCTION CRITERIA.—For the purposes of subsection | |
| (d), the applicable emission reduction quantity shall be determined in accordance with the following table: Calendar years Percentage below 2007 average greenhouse gas emissions per MWh of United States electric power sector 0 through 2020 .................................................. 25 percent 1 through 2025 .................................................. 40 percent 6 through 2030 .................................................. 65 percent | (d), the applicable emission reduction quantity shall be determined in accordance with the following table: Calendar years Percentage below 2007 average greenhouse gas emissions per MWh of United States electric power sector 0 through 2020 .................................................. 25 percent 1 through 2025 .................................................. 40 percent 6 through 2030 .................................................. 65 percent | |
| (g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Administrator such sums as are necessary to carry out this section for each of fiscal years 2010 through 2030. SEC. 182. ADVANCED NATURAL GAS TECHNOLOGIES. | (g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Administrator such sums as are necessary to carry out this section for each of fiscal years 2010 through 2030. SEC. 182. ADVANCED NATURAL GAS TECHNOLOGIES. | |
| (a) DEFINITIONS.—In this section: | (a) DEFINITIONS.—In this section: | |
| (1) CORPORATION.— | (1) CORPORATION.— | |
| (A) IN GENERAL.—The term ‘‘corporation’’ means any corporation, joint-stock company, partnership, limited liability company, association, business trust, or other organized group of persons, regardless of incorporation. | (A) IN GENERAL.—The term ‘‘corporation’’ means any corporation, joint-stock company, partnership, limited liability company, association, business trust, or other organized group of persons, regardless of incorporation. | |
| (B) EXCLUSION.—The term ‘‘corporation’’ does not include a municipality. | (B) EXCLUSION.—The term ‘‘corporation’’ does not include a municipality. | |
| (2) ELIGIBLE ENTITY.— | (2) ELIGIBLE ENTITY.— | |
| (A) IN GENERAL.—The term ‘‘eligible entity’’ means an entity that is eligible to receive a grant under subsection | (A) IN GENERAL.—The term ‘‘eligible entity’’ means an entity that is eligible to receive a grant under subsection | |
| (b). | (b). | |
| (B) INCLUSIONS.—The term ‘‘eligible entity’’ includes a corporation, an eligible research entity, an industry entity, a municipality, a municipal natural gas distribution system, and a natural gas distribution company. | (B) INCLUSIONS.—The term ‘‘eligible entity’’ includes a corporation, an eligible research entity, an industry entity, a municipality, a municipal natural gas distribution system, and a natural gas distribution company. | |
| (3) ELIGIBLE RESEARCH ENTITY.— | (3) ELIGIBLE RESEARCH ENTITY.— | |
| (A) IN GENERAL.—The term ‘‘eligible research entity’’ means an entity that is experienced in planning, conducting, and implementing natural gas research, development, demonstration, and deployment projects. | (A) IN GENERAL.—The term ‘‘eligible research entity’’ means an entity that is experienced in planning, conducting, and implementing natural gas research, development, demonstration, and deployment projects. | |
| (B) INCLUSIONS.—The term ‘‘eligible research entity’’ includes a research institution and an institution of higher education. | (B) INCLUSIONS.—The term ‘‘eligible research entity’’ includes a research institution and an institution of higher education. | |
| (4) INDUSTRY ENTITY.— | (4) INDUSTRY ENTITY.— | |
| (A) IN GENERAL.—The term ‘‘industry entity’’ means the persons and municipalities collectively engaged in the delivery of natural gas for consumption in the United States | (A) IN GENERAL.—The term ‘‘industry entity’’ means the persons and municipalities collectively engaged in the delivery of natural gas for consumption in the United States | |
| (such as natural gas distribution companies and municipal natural gas distribution systems). | (such as natural gas distribution companies and municipal natural gas distribution systems). | |
| (B) EXCLUSION.—The term ‘‘industry entity’’ does not include any natural gas customer. | (B) EXCLUSION.—The term ‘‘industry entity’’ does not include any natural gas customer. | |
| (5) MUNICIPALITY.—The term ‘‘municipality’’ means a city, county, or other political subdivision or agency of a State. | (5) MUNICIPALITY.—The term ‘‘municipality’’ means a city, county, or other political subdivision or agency of a State. | |
| (6) MUNICIPAL NATURAL GAS DISTRIBUTION SYSTEM.—The term ‘‘municipal natural gas distribution system’’ means a municipality engaged in the business of delivering natural gas for consumption to residential, commercial, industrial, and other natural gas customers. | (6) MUNICIPAL NATURAL GAS DISTRIBUTION SYSTEM.—The term ‘‘municipal natural gas distribution system’’ means a municipality engaged in the business of delivering natural gas for consumption to residential, commercial, industrial, and other natural gas customers. | |
| (7) NATURAL GAS.— | (7) NATURAL GAS.— | |
| (A) IN GENERAL.—The term ‘‘natural gas’’ means a mixture of hydrocarbon and nonhydrocarbon gases, primarily methane, that have been produced from geological formations or by any other means. | (A) IN GENERAL.—The term ‘‘natural gas’’ means a mixture of hydrocarbon and nonhydrocarbon gases, primarily methane, that have been produced from geological formations or by any other means. | |
| (B) INCLUSION.—The term ‘‘natural gas’’ includes renewable biogas. | (B) INCLUSION.—The term ‘‘natural gas’’ includes renewable biogas. | |
| (8) NATURAL GAS DISTRIBUTION COMPANY.— The term ‘‘natural gas distribution company’’ means a person engaged in the business of distributing natural gas for consumption to residential, commercial, industrial, or other natural gas customers. | (8) NATURAL GAS DISTRIBUTION COMPANY.— The term ‘‘natural gas distribution company’’ means a person engaged in the business of distributing natural gas for consumption to residential, commercial, industrial, or other natural gas customers. | |
| (b) GRANT PROGRAMS.— | (b) GRANT PROGRAMS.— | |
| (1) NATURAL GAS ELECTRICITY GENERATION GRANTS.—The Administrator, in consultation with Secretary of Energy, may provide to eligible entities research and development grants to support the deployment of low greenhouse-gas-emitting end-use technologies, including carbon capture and sequestration technologies, for natural gas electricity generation. | (1) NATURAL GAS ELECTRICITY GENERATION GRANTS.—The Administrator, in consultation with Secretary of Energy, may provide to eligible entities research and development grants to support the deployment of low greenhouse-gas-emitting end-use technologies, including carbon capture and sequestration technologies, for natural gas electricity generation. | |
| (2) NATURAL GAS RESIDENTIAL AND COMMERCIAL TECHNOLOGY GRANTS.—The Administrator shall establish a program to provide to eligible entities grants to advance the commercial demonstration or early development of low greenhouse-gas-emitting end-use technologies fueled by natural gas, including carbon capture and storage, for residential and commercial purposes, through research, development, demonstration, and deployment of those technologies. | (2) NATURAL GAS RESIDENTIAL AND COMMERCIAL TECHNOLOGY GRANTS.—The Administrator shall establish a program to provide to eligible entities grants to advance the commercial demonstration or early development of low greenhouse-gas-emitting end-use technologies fueled by natural gas, including carbon capture and storage, for residential and commercial purposes, through research, development, demonstration, and deployment of those technologies. | |
| (c) REPORTING.—Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter, the Secretary of Energy shall submit to the Committee on Energy and Commerce of the House of Representatives and the Senate Committees on Energy and Natural Resources and Environment and Public Works of the Senate a report that describes the status and results of activities carried out under subsection | (c) REPORTING.—Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter, the Secretary of Energy shall submit to the Committee on Energy and Commerce of the House of Representatives and the Senate Committees on Energy and Natural Resources and Environment and Public Works of the Senate a report that describes the status and results of activities carried out under subsection | |
| (b). | (b). | |
| (d) AUTHORIZATION.—There are authorized to be appropriated such sums as are necessary to carry out this section. | (d) AUTHORIZATION.—There are authorized to be appropriated such sums as are necessary to carry out this section. | |
| TITLE II—RESEARCH Subtitle A—Energy Research SEC. 201. ADVANCED ENERGY RESEARCH. | TITLE II—RESEARCH Subtitle A—Energy Research SEC. 201. ADVANCED ENERGY RESEARCH. | |
| (a) IN GENERAL.—The Administrator shall establish a program to provide grants for advanced energy research. | (a) IN GENERAL.—The Administrator shall establish a program to provide grants for advanced energy research. | |
| (b) DISTRIBUTION.—The Administrator shall distribute grants on a competitive basis to institutions of higher education, companies, research foundations, trade and industry research collaborations, or consortia of such entities, or other appropriate research and development entities. | (b) DISTRIBUTION.—The Administrator shall distribute grants on a competitive basis to institutions of higher education, companies, research foundations, trade and industry research collaborations, or consortia of such entities, or other appropriate research and development entities. | |
| (c) SELECTION OF PROPOSALS.—In selecting proposals for funding under this section, the Administrator shall prioritize applications that— | (c) SELECTION OF PROPOSALS.—In selecting proposals for funding under this section, the Administrator shall prioritize applications that— | |
| (1) enhance the economic and energy security of the United States through the development of energy technologies that result in— | (1) enhance the economic and energy security of the United States through the development of energy technologies that result in— | |
| (A) reductions of imports of energy from foreign sources; | (A) reductions of imports of energy from foreign sources; | |
| (B) reductions of energy-related emissions, including greenhouse gases; and | (B) reductions of energy-related emissions, including greenhouse gases; and | |
| (C) improvements in the energy efficiency of all economic sectors; and | (C) improvements in the energy efficiency of all economic sectors; and | |
| (2) ensure that the United States maintains a technological lead in developing and deploying advanced energy technologies. | (2) ensure that the United States maintains a technological lead in developing and deploying advanced energy technologies. | |
| (d) RESPONSIBILITIES.—The Administrator shall be responsible for assessing the success of programs and terminating programs carried out under this section that are not achieving the goals of the programs. | (d) RESPONSIBILITIES.—The Administrator shall be responsible for assessing the success of programs and terminating programs carried out under this section that are not achieving the goals of the programs. | |
| (e) ASSISTANCE.—Assistance provided under this section shall be used to supplement, and not to supplant, any other Federal resources available to carry out activities described in this section. | (e) ASSISTANCE.—Assistance provided under this section shall be used to supplement, and not to supplant, any other Federal resources available to carry out activities described in this section. | |
| (f) AUTHORIZATION.—There are authorized to be appropriated such sums as are necessary to carry out this section. Subtitle B—Drinking Water Adaptation, Technology, Education, and Research SEC. 211. EFFECTS OF CLIMATE CHANGE ON DRINKING WATER UTILITIES. | (f) AUTHORIZATION.—There are authorized to be appropriated such sums as are necessary to carry out this section. Subtitle B—Drinking Water Adaptation, Technology, Education, and Research SEC. 211. EFFECTS OF CLIMATE CHANGE ON DRINKING WATER UTILITIES. | |
| (a) FINDINGS.—Congress finds that— | (a) FINDINGS.—Congress finds that— | |
| (1) the consensus among climate scientists is overwhelming that climate change is occurring more rapidly than can be attributed to natural causes, and that significant impacts to the water supply are already occurring; | (1) the consensus among climate scientists is overwhelming that climate change is occurring more rapidly than can be attributed to natural causes, and that significant impacts to the water supply are already occurring; | |
| (2) among the first and most critical of those impacts will be change to patterns of precipitation around the world, which will affect water availability for the most basic drinking water and domestic water needs of populations in many areas of the United States; | (2) among the first and most critical of those impacts will be change to patterns of precipitation around the world, which will affect water availability for the most basic drinking water and domestic water needs of populations in many areas of the United States; | |
| (3) drinking water utilities throughout the United States, as well as those in Europe, Australia, and Asia, are concerned that extended changes in precipitation will lead to extended droughts; | (3) drinking water utilities throughout the United States, as well as those in Europe, Australia, and Asia, are concerned that extended changes in precipitation will lead to extended droughts; | |
| (4) supplying water is highly energy-intensive and will become more so as climate change forces more utilities to turn to alternative supplies; | (4) supplying water is highly energy-intensive and will become more so as climate change forces more utilities to turn to alternative supplies; | |
| (5) energy production consumes a significant percentage of the fresh water resources of the United States; | (5) energy production consumes a significant percentage of the fresh water resources of the United States; | |
| (6) since 2003, the drinking water industry of the United States has sponsored, through a nonprofit water research foundation, various studies to assess the impacts of climate change on drinking water supplies; | (6) since 2003, the drinking water industry of the United States has sponsored, through a nonprofit water research foundation, various studies to assess the impacts of climate change on drinking water supplies; | |
| (7) those studies demonstrate the need for a comprehensive program of research into the full range of impacts on drinking water utilities, including impacts on water supplies, facilities, and customers; | (7) those studies demonstrate the need for a comprehensive program of research into the full range of impacts on drinking water utilities, includ ing impacts on water supplies, facilities, and customers; | |
| (8) that nonprofit water research foundation is also coordinating internationally with other drinking water utilities on shared research projects and has hosted international workshops with counterpart European and Asian water research organizations to develop a unified research agenda for applied research on adaptive strategies to address climate change impacts; | (8) that nonprofit water research foundation is also coordinating internationally with other drinking water utilities on shared research projects and has hosted international workshops with counterpart European and Asian water research organizations to develop a unified research agenda for applied research on adaptive strategies to address climate change impacts; | |
| (9) research data in existence as of the date of enactment of this Act— | (9) research data in existence as of the date of enactment of this Act— | |
| (A) summarize the best available scientific evidence on climate change; | (A) summarize the best available scientific evidence on climate change; | |
| (B) identify the implications of climate change for the water cycle and the availability and quality of water resources; and | (B) identify the implications of climate change for the water cycle and the availability and quality of water resources; and | |
| (C) provide general guidance on planning and adaptation strategies for water utilities; and | (C) provide general guidance on planning and adaptation strategies for water utilities; and | |
| (10) given uncertainties about specific climate changes in particular areas, drinking water utilities need to prepare for a wider range of likely possibilities in managing and delivery of water. | (10) given uncertainties about specific climate changes in particular areas, drinking water utilities need to prepare for a wider range of likely possibilities in managing and delivery of water. | |
| (b) IN GENERAL.—The Administrator, in cooperation with the Secretary of Commerce, the Secretary of Energy, and the Secretary of the Interior, shall establish and provide funding for a program of directed and applied research, to be conducted through a nonprofit drinking water research foundation and sponsored by water utilities, to assist the utilities in adapting to the effects of climate change. | (b) IN GENERAL.—The Administrator, in cooperation with the Secretary of Commerce, the Secretary of Energy, and the Secretary of the Interior, shall establish and provide funding for a program of directed and applied research, to be conducted through a nonprofit drinking water research foundation and sponsored by water utilities, to assist the utilities in adapting to the effects of climate change. | |
| (c) RESEARCH AREAS.—The research conducted in accordance with subsection | (c) RESEARCH AREAS.—The research conducted in accordance with subsection | |
| (b) shall include research into— | (b) shall include research into— | |
| (1) water quality impacts and solutions, including research— | (1) water quality impacts and solutions, including research— | |
| (A) to address probable impacts on raw water quality resulting from— | (A) to address probable impacts on raw water quality resulting from— | |
| (i) erosion and turbidity from extreme precipitation events; | (i) erosion and turbidity from extreme precipitation events; | |
| (ii) watershed vegetation changes; and | (ii) watershed vegetation changes; and | |
| (iii) increasing ranges of pathogens, algae, and nuisance organisms resulting from warmer temperatures; and | (iii) increasing ranges of pathogens, algae, and nuisance organisms resulting from warmer temperatures; and | |
| (B) on mitigating increasing damage to watersheds and water quality by evaluating extreme events, such as wildfires and hurricanes, to learn and develop management approaches to mitigate— | (B) on mitigating increasing damage to watersheds and water quality by evaluating extreme events, such as wildfires and hurricanes, to learn and develop management approaches to mitigate— | |
| (i) permanent watershed damage; | (i) permanent watershed damage; | |
| (ii) quality and yield impacts on source waters; and | (ii) quality and yield impacts on source waters; and | |
| (iii) increased costs of water treatment; | (iii) increased costs of water treatment; | |
| (2) impacts on groundwater supplies from carbon sequestration, including research to evaluate potential water quality consequences of carbon sequestration in various regional aquifers, soil conditions, and mineral deposits; | (2) impacts on groundwater supplies from carbon sequestration, including research to evaluate potential water quality consequences of carbon sequestration in various regional aquifers, soil conditions, and mineral deposits; | |
| (3) water quantity impacts and solutions, including research— | (3) water quantity impacts and solutions, including research— | |
| (A) to evaluate climate change impacts on water resources throughout hydrological basins of the United States; | (A) to evaluate climate change impacts on water resources throughout hydrological basins of the United States; | |
| (B) to improve the accuracy and resolution of climate change models at a regional level; | (B) to improve the accuracy and resolution of climate change models at a regional level; | |
| (C) to identify and explore options for increasing conjunctive use of aboveground and underground storage of water; and | (C) to identify and explore options for increasing conjunctive use of aboveground and underground storage of water; and | |
| (D) to optimize operation of existing and new reservoirs in diminished and erratic periods of precipitation and runoff; | (D) to optimize operation of existing and new reservoirs in diminished and erratic periods of precipitation and runoff; | |
| (4) infrastructure impacts and solutions for water treatment and wastewater treatment facilities and underground pipelines, including research— | (4) infrastructure impacts and solutions for water treatment and wastewater treatment facilities and underground pipelines, including research— | |
| (A) to evaluate and mitigate the impacts of sea level rise on— | (A) to evaluate and mitigate the impacts of sea level rise on— | |
| (i) near-shore facilities; | (i) near-shore facilities; | |
| (ii) soil drying and subsidence; | (ii) soil drying and subsidence; | |
| (iii) reduced flows in water and wastewater pipelines; and | (iii) reduced flows in water and wastewater pipelines; and | |
| (iv) extreme flows in wastewater systems; and | (iv) extreme flows in wastewater systems; and | |
| (B) on ways of increasing the resilience of existing infrastructure, planning cost-effective responses to adapt to climate change, and developing new design standards for future infrastructure that include the use of energy conservation measures and renewable energy in new construction to the maximum extent practicable; | (B) on ways of increasing the resilience of existing infrastructure, planning cost-effective responses to adapt to climate change, and developing new design standards for future infrastructure that include the use of energy conservation measures and renewable energy in new construction to the maximum extent practicable; | |
| (5) desalination, water reuse, and alternative supply technologies, including research— | (5) desalination, water reuse, and alternative supply technologies, including research— | |
| (A) to improve and optimize existing membrane technologies, and to identify and develop breakthrough technologies, to enable the use of seawater, brackish groundwater, treated wastewater, and other impaired sources; | (A) to improve and optimize existing membrane technologies, and to identify and develop breakthrough technologies, to enable the use of seawater, brackish groundwater, treated wastewater, and other impaired sources; | |
| (B) into new sources of water through more cost-effective water treatment practices in recycling and desalination; and | (B) into new sources of water through more cost-effective water treatment practices in recycling and desalination; and | |
| (C) to improve technologies for use in— | (C) to improve technologies for use in— | |
| (i) managing and minimizing the volume of desalination and reuse concentrate streams; and | (i) managing and minimizing the volume of desalination and reuse concentrate streams; and | |
| (ii) minimizing the environmental impacts of seawater intake at desalination facilities; | (ii) minimizing the environmental impacts of seawater intake at desalination facilities; | |
| (6) energy efficiency and greenhouse gas minimization, including research— | (6) energy efficiency and greenhouse gas minimization, including research— | |
| (A) on optimizing the energy efficiency of water supply and wastewater operations and improving water efficiency in energy production and management; and | (A) on optimizing the energy efficiency of water supply and wastewater operations and improving water efficiency in energy production and management; and | |
| (B) to identify and develop renewable, carbon-neutral energy options for the water supply and wastewater industry; | (B) to identify and develop renewable, carbon-neutral energy options for the water supply and wastewater industry; | |
| (7) regional and hydrological basin cooperative water management solutions, including research into— | (7) regional and hydrological basin cooperative water management solutions, including research into— | |
| (A) institutional mechanisms for greater regional cooperation and use of water exchanges, banking, and transfers; and | (A) institutional mechanisms for greater regional cooperation and use of water exchanges, banking, and transfers; and | |
| (B) the economic benefits of sharing risks of shortage across wider areas; | (B) the economic benefits of sharing risks of shortage across wider areas; | |
| (8) utility management, decision support systems, and water management models, including research— | (8) utility management, decision support systems, and water management models, including research— | |
| (A) into improved decision support systems and modeling tools for use by water utility managers to assist with increased water supply uncertainty and adaptation strategies posed by climate change; | (A) into improved decision support systems and modeling tools for use by water utility managers to assist with increased water supply uncertainty and adaptation strategies posed by climate change; | |
| (B) to provide financial tools, including new rate structures, to manage financial resources and investments, because increased conservation practices may diminish revenue and increase investments in infrastructure; and | (B) to provide financial tools, including new rate structures, to manage financial resources and investments, because increased conservation practices may diminish revenue and increase investments in infrastructure; and | |
| (C) to develop improved systems and models for use in evaluating— | (C) to develop improved systems and models for use in evaluating— | |
| (i) successful alternative methods for conservation and demand management; and | (i) successful alternative methods for conservation and demand management; and | |
| (ii) climate change impacts on groundwater resources; | (ii) climate change impacts on groundwater resources; | |
| (9) reducing greenhouse gas emissions and improving energy demand management, including research to improve energy efficiency in water collection, production, transmission, treatment, distribution, and disposal to provide more sustainability and means to assist drinking water utilities in reducing the production of greenhouse gas emissions in the collection, production, transmission, treatment, distribution, and disposal of drinking water; | (9) reducing greenhouse gas emissions and improving energy demand management, including research to improve energy efficiency in water collection, production, transmission, treatment, distribution, and disposal to provide more sustainability and means to assist drinking water utilities in reducing the production of greenhouse gas emissions in the collection, production, transmission, treatment, distribution, and disposal of drinking water; | |
| (10) water conservation and demand management, including research— | (10) water conservation and demand management, including research— | |
| (A) to develop strategic approaches to water demand management that offer the lowest-cost, noninfrastructural options to serve growing populations or manage declining supplies, primarily through— | (A) to develop strategic approaches to water demand management that offer the lowest-cost, noninfrastructural options to serve growing populations or manage declining supplies, primarily through— | |
| (i) efficiencies in water use and reallocation of the saved water; | (i) efficiencies in water use and reallocation of the saved water; | |
| (ii) demand management tools; | (ii) demand management tools; | |
| (iii) economic incentives; and | (iii) economic incentives; and | |
| (iv) water-saving technologies; and | (iv) water-saving technologies; and | |
| (B) into efficiencies in water management through integrated water resource management that incorporates— | (B) into efficiencies in water management through integrated water resource management that incorporates— | |
| (i) supply-side and demand-side processes; | (i) supply-side and demand-side processes; | |
| (ii) continuous adaptive management; and | (ii) continuous adaptive management; and | |
| (iii) the inclusion of stakeholders in decisionmaking processes; and | (iii) the inclusion of stakeholders in decisionmaking processes; and | |
| (11) communications, education, and public acceptance, including research— | (11) communications, education, and public acceptance, including research— | |
| (A) into improved strategies and approaches for communicating with customers, decisionmakers, and other stakeholders about the implications of climate change on water supply and water management; | (A) into improved strategies and approaches for communicating with customers, decisionmakers, and other stakeholders about the implications of climate change on water supply and water management; | |
| (B) to develop effective communication approaches— | (B) to develop effective communication approaches— | |
| (i) to gain public acceptance of alternative water supplies and new policies and practices, including conservation and demand management; and | (i) to gain public acceptance of alternative water supplies and new policies and practices, including conservation and demand management; and | |
| (ii) to gain public recognition and acceptance of increased costs; and | (ii) to gain public recognition and acceptance of increased costs; and | |
| (C) to create and maintain a clearinghouse of climate change information for water utilities, academic researchers, stakeholders, government agencies, and research organizations. | (C) to create and maintain a clearinghouse of climate change information for water utilities, academic researchers, stakeholders, government agencies, and research organizations. | |
| (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2010 through 2020. | (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2010 through 2020. | |
| TITLE III—TRANSITION AND ADAPTATION Subtitle A—Green Jobs and Worker Transition PART 1—GREEN JOBS SEC. 301. CLEAN ENERGY CURRICULUM DEVELOPMENT GRANTS. | TITLE III—TRANSITION AND ADAPTATION Subtitle A—Green Jobs and Worker Transition PART 1—GREEN JOBS SEC. 301. CLEAN ENERGY CURRICULUM DEVELOPMENT GRANTS. | |
| (a) AUTHORIZATION.—The Secretary of Education is authorized to award grants, on a competitive basis, to eligible partnerships to develop programs of study | (a) AUTHORIZATION.—The Secretary of Education is authorized to award grants, on a competitive basis, to eligible partnerships to develop programs of study | |
| (containing the information described in section 122 | (containing the information described in section 122 | |
| (c) | (c) | |
| (1) | (1) | |
| (A) of the Carl D. Perkins Career and Technical Education Act of 2006 | (A) of the Carl D. Perkins Career and Technical Education Act of 2006 | |
| (20 U.S.C. 2342)), that are focused on emerging careers and jobs in the fields of clean energy, renewable energy, energy efficiency, climate change mitigation, and climate change adaptation. The Secretary of Education shall consult with the Secretary of Labor and the Secretary of Energy prior to the issuance of a solicitation for grant applications. | (20 U.S.C. 2342)), that are focused on emerging careers and jobs in the fields of clean energy, renewable energy, energy efficiency, climate change mitigation, and climate change adaptation. The Secretary of Education shall consult with the Secretary of Labor and the Secretary of Energy prior to the issuance of a solicitation for grant applications. | |
| (b) ELIGIBLE PARTNERSHIPS.—For purposes of this section, an eligible partnership shall include— | (b) ELIGIBLE PARTNERSHIPS.—For purposes of this section, an eligible partnership shall include— | |
| (1) at least 1 local educational agency eligible for funding under section 131 of the Carl D. Perkins Career and Technical Education Act of 20 | (1) at least 1 local educational agency eligible for funding under section 131 of the Carl D. Perkins Career and Technical Education Act of 20 | |
| (20 U.S.C. 2351) or an area career and technical education school or education service agency described in such section; | (20 U.S.C. 2351) or an area career and technical education school or education service agency described in such section; | |
| (2) at least 1 postsecondary institution eligible for funding under section 132 of such Act | (2) at least 1 postsecondary institution eligible for funding under section 132 of such Act | |
| (U.S.C. 2352); and | (U.S.C. 2352); and | |
| (3) representatives of the community including business, labor organizations, and industry that have experience in fields as described in subsection | (3) representatives of the community including business, labor organizations, and industry that have experience in fields as described in subsection | |
| (a). | (a). | |
| (c) APPLICATION.—An eligible partnership seeking a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Applications shall include— | (c) APPLICATION.—An eligible partnership seeking a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Applications shall include— | |
| (1) a description of the eligible partners and partnership, the roles and responsibilities of each partner, and a demonstration of each partner’s capacity to support the program; | (1) a description of the eligible partners and partnership, the roles and responsibilities of each partner, and a demonstration of each partner’s capacity to support the program; | |
| (2) a description of the career area or areas within the fields as described in subsection | (2) a description of the career area or areas within the fields as described in subsection | |
| (a) to be developed, the reason for the choice, and evidence of the labor market need to prepare students in that area; | (a) to be developed, the reason for the choice, and evidence of the labor market need to prepare students in that area; | |
| (3) a description of the new or existing program of study and both secondary and postsecondary components; | (3) a description of the new or existing program of study and both secondary and postsecondary components; | |
| (4) a description of the students to be served by the new program of study; | (4) a description of the students to be served by the new program of study; | |
| (5) a description of how the program of study funded by the grant will be replicable and disseminated to schools outside of the partnership, including urban and rural areas; | (5) a description of how the program of study funded by the grant will be replicable and disseminated to schools outside of the partnership, including urban and rural areas; | |
| (6) a description of applied learning that will be incorporated into the program of study and how it will incorporate or reinforce academic learning; | (6) a description of applied learning that will be incorporated into the program of study and how it will incorporate or reinforce academic learning; | |
| (7) a description of how the program of study will be delivered; | (7) a description of how the program of study will be delivered; | |
| (8) a description of how the program will provide accessibility to students, especially economically disadvantaged, low performing, and urban and rural students; | (8) a description of how the program will provide accessibility to students, especially economically disadvantaged, low performing, and urban and rural students; | |
| (9) a description of how the program will address placement of students in nontraditional fields as described in section 3 | (9) a description of how the program will address placement of students in nontraditional fields as described in section 3 | |
| (20) of the Carl D. Perkins Career and Technical Education Act of 2006 | (20) of the Carl D. Perkins Career and Technical Education Act of 2006 | |
| (U.S.C. 2302 | (U.S.C. 2302 | |
| (20)); and | (20)); and | |
| (10) a description of how the applicant proposes to consult or has consulted with a labor organization, labor management partnership, apprenticeship program, or joint apprenticeship and training program that provides education and training in the field of study for which the applicant proposes to develop a curriculum. | (10) a description of how the applicant proposes to consult or has consulted with a labor organiza tion, labor management partnership, apprenticeship program, or joint apprenticeship and training program that provides education and training in the field of study for which the applicant proposes to develop a curriculum. | |
| (d) PRIORITY.—The Secretary shall give priority to applications that— | (d) PRIORITY.—The Secretary shall give priority to applications that— | |
| (1) use online learning or other innovative means to deliver the program of study to students, educators, and instructors outside of the partnership; and | (1) use online learning or other innovative means to deliver the program of study to students, educators, and instructors outside of the partnership; and | |
| (2) focus on low performing students and special populations as defined in section 3 | (2) focus on low performing students and special populations as defined in section 3 | |
| (29) of the Carl D. Perkins Career and Technical Education Act of 2006 | (29) of the Carl D. Perkins Career and Technical Education Act of 2006 | |
| (20 U.S.C. 2302 | (20 U.S.C. 2302 | |
| (29)). | (29)). | |
| (e) PEER REVIEW.—The Secretary shall convene a peer review process to review applications for grants under this section and to make recommendations regarding the selection of grantees. Members of the peer review committee shall include— | (e) PEER REVIEW.—The Secretary shall convene a peer review process to review applications for grants under this section and to make recommendations regarding the selection of grantees. Members of the peer review committee shall include— | |
| (1) educators who have experience implementing curricula with comparable purposes; and | (1) educators who have experience implementing curricula with comparable purposes; and | |
| (2) business and industry experts in fields as described in subsection | (2) business and industry experts in fields as described in subsection | |
| (a). | (a). | |
| (f) USES OF FUNDS.—Grants awarded under this section shall be used for the development, implementation, and dissemination of programs of study | (f) USES OF FUNDS.—Grants awarded under this section shall be used for the development, implementation, and dissemination of programs of study | |
| (as described in section 122 | (as described in section 122 | |
| (c) | (c) | |
| (1) | (1) | |
| (A) of the Carl D. Perkins Career and Technical Education Act | (A) of the Carl D. Perkins Career and Technical Education Act | |
| (20 U.S.C. 2342 | (20 U.S.C. 2342 | |
| (c) | (c) | |
| (1) | (1) | |
| (A))) in career areas related to clean energy, renewable energy, energy efficiency, climate change mitigation, and climate change adaptation. SEC. 302. DEVELOPMENT OF INFORMATION AND RESOURCES CLEARINGHOUSE FOR VOCATIONAL EDUCATION AND JOB TRAINING IN RENEWABLE ENERGY SECTORS. | (A))) in career areas related to clean energy, renewable energy, energy efficiency, climate change mitigation, and climate change adaptation. SEC. 302. DEVELOPMENT OF INFORMATION AND RESOURCES CLEARINGHOUSE FOR VOCATIONAL EDUCATION AND JOB TRAINING IN RENEWABLE ENERGY SECTORS. | |
| (a) DEVELOPMENT OF CLEARINGHOUSE.—Not later than 18 months after the date of enactment of this Act, the Secretary of Labor, in collaboration with the Secretary of Energy and the Secretary of Education, shall develop an internet based information and resources clearinghouse to aid career and technical education and job training programs for the renewable energy sectors. In establishing the clearinghouse, the Secretary shall— | (a) DEVELOPMENT OF CLEARINGHOUSE.—Not later than 18 months after the date of enactment of this Act, the Secretary of Labor, in collaboration with the Secretary of Energy and the Secretary of Education, shall develop an internet based information and resources clearinghouse to aid career and technical education and job training programs for the renewable energy sectors. In establishing the clearinghouse, the Secretary shall— | |
| (1) collect and provide information that addresses the consequences of rapid changes in technology and regional disparities for renewable energy training programs and provides best practices for training and education in light of such changes and disparities; | (1) collect and provide information that addresses the consequences of rapid changes in technology and regional disparities for renewable energy training programs and provides best practices for training and education in light of such changes and disparities; | |
| (2) place an emphasis on facilitating collaboration between the renewable energy industry and job training programs and on identifying industry and technological trends and best practices, to better help job training programs maintain quality and relevance; and | (2) place an emphasis on facilitating collaboration between the renewable energy industry and job training programs and on identifying industry and technological trends and best practices, to better help job training programs maintain quality and relevance; and | |
| (3) place an emphasis on assisting programs that cater to high-demand middle-skill, trades, manufacturing, contracting, and consulting careers. | (3) place an emphasis on assisting programs that cater to high-demand middle-skill, trades, manufacturing, contracting, and consulting careers. | |
| (b) SOLICITATION AND CONSULTATION.—In developing the clearinghouse pursuant to subsection | (b) SOLICITATION AND CONSULTATION.—In developing the clearinghouse pursuant to subsection | |
| (a), the Secretary shall solicit information and expertise from businesses and organizations in the renewable energy sector and from institutions of higher education, career and technical schools, and community colleges that provide training in the renewable energy sectors. The Secretary shall solicit a comprehensive peer review of the clearinghouse by such entities not less than once every 2 years. Nothing in this subsection should be interpreted to require the divulgence of proprietary or competitive information. | (a), the Secretary shall solicit information and expertise from businesses and organizations in the renewable energy sector and from institutions of higher education, career and technical schools, and community colleges that provide training in the renewable energy sectors. The Secretary shall solicit a comprehensive peer review of the clearinghouse by such entities not less than once every 2 years. Nothing in this subsection should be interpreted to require the divulgence of proprietary or competitive information. | |
| (c) CONTENTS OF CLEARINGHOUSE.— | (c) CONTENTS OF CLEARINGHOUSE.— | |
| (1) SEPARATE SECTION FOR EACH RENEWABLE ENERGY SECTOR.—The clearinghouse shall contain separate sections developed for each of the following renewable energy sectors: | (1) SEPARATE SECTION FOR EACH RENEWABLE ENERGY SECTOR.—The clearinghouse shall contain separate sections developed for each of the following renewable energy sectors: | |
| (A) Solar energy systems. | (A) Solar energy systems. | |
| (B) Wind energy systems. | (B) Wind energy systems. | |
| (C) Energy transmission systems. | (C) Energy transmission systems. | |
| (D) Geothermal systems of energy and heating. | (D) Geothermal systems of energy and heating. | |
| (E) Energy efficiency technical training. | (E) Energy efficiency technical training. | |
| (2) ADDITIONAL REQUIREMENTS.—In addition to the information required in subsection | (2) ADDITIONAL REQUIREMENTS.—In addition to the information required in subsection | |
| (a), each section of the clearinghouse shall include information on basic environmental science and processes needed to understand renewable energy systems, Federal government and industry resources, and points of contact to aid institutions in the development of placement programs for apprenticeships and post graduation opportunities, and information and tips about a green workplace, energy efficiency, and relevant environmental topics and information on available industry recognized certifications in each area. | (a), each section of the clearinghouse shall include information on basic environmental science and processes needed to understand renewable energy systems, Federal government and industry resources, and points of contact to aid institutions in the development of placement programs for apprenticeships and post graduation opportunities, and information and tips about a green workplace, energy efficiency, and relevant environmental topics and information on available industry recognized certifications in each area. | |
| (d) DISSEMINATION.—The clearinghouse shall be made available via the Internet to the general public. Notice of the completed clearinghouse and any major revisions thereto shall also be provided— | (d) DISSEMINATION.—The clearinghouse shall be made available via the Internet to the general public. Notice of the completed clearinghouse and any major revisions thereto shall also be provided— | |
| (1) to each Member of Congress; and | (1) to each Member of Congress; and | |
| (2) on the websites of the Departments of Education, Energy, and Labor. | (2) on the websites of the Departments of Education, Energy, and Labor. | |
| (e) REVISION.—The Secretary of Labor shall revise and update the clearinghouse on a regular basis to ensure its relevance. SEC. 303. GREEN CONSTRUCTION CAREERS DEMONSTRATION PROJECT. | (e) REVISION.—The Secretary of Labor shall revise and update the clearinghouse on a regular basis to ensure its relevance. SEC. 303. GREEN CONSTRUCTION CAREERS DEMONSTRATION PROJECT. | |
| (a) ESTABLISHMENT AND AUTHORITY.—The Secretary of Labor, in consultation with the Secretary of Energy, shall, not later than 180 days after the enactment of this Act, establish a Green Construction Careers demonstration project by rules, regulations, and guidance in accordance with the provisions of this section. The purpose of the demonstration project shall be to promote middle class careers and quality employment practices in the green construction sector among targeted workers and to advance efficiency and performance on construction projects related to this Act. In order to advance these purposes, the Secretary shall identify projects, including residential retrofitting projects, funded directly by or assisted in whole or in part by or through the Federal Government pursuant to this Act or by any other entity established in accordance with this Act, to which all of the following shall apply. | (a) ESTABLISHMENT AND AUTHORITY.—The Secretary of Labor, in consultation with the Secretary of Energy, shall, not later than 180 days after the enactment of this Act, establish a Green Construction Careers demonstration project by rules, regulations, and guidance in accordance with the provisions of this section. The purpose of the demonstration project shall be to promote middle class careers and quality employment practices in the green construction sector among targeted workers and to advance efficiency and performance on construction projects related to this Act. In order to advance these purposes, the Secretary shall identify projects, including residential retrofitting projects, funded directly by or assisted in whole or in part by or through the Federal Government pursuant to this Act or by any other entity established in accordance with this Act, to which all of the following shall apply. | |
| (b) REQUIREMENTS.—The Secretaries may establish such terms and conditions for the demonstration projects as the Secretaries determine are necessary to meet the purposes of subsection | (b) REQUIREMENTS.—The Secretaries may establish such terms and conditions for the demonstration projects as the Secretaries determine are necessary to meet the purposes of subsection | |
| (a), including establishing minimum proportions of hours to be worked by targeted workers on such projects. The Secretaries may require the contractors and subcontractors performing construction services on the project to comply with the terms and conditions as a condition of receiving funding or assistance from the Federal Government under this Act. | (a), including establishing minimum proportions of hours to be worked by targeted workers on such projects. The Secretaries may require the contractors and subcontractors performing construction services on the project to comply with the terms and conditions as a condition of receiving funding or assistance from the Federal Government under this Act. | |
| (c) EVALUATION.—The Secretaries shall evaluate the demonstration projects against the purposes of this section at the end of 3 years from initiation of the demonstration project. If the Secretaries determine that the demonstration projects have been successful, the Secretaries may identify further projects to which of the provisions of this section shall apply. | (c) EVALUATION.—The Secretaries shall evaluate the demonstration projects against the purposes of this section at the end of 3 years from initiation of the demonstration project. If the Secretaries determine that the demonstration projects have been successful, the Secretaries may identify further projects to which of the provisions of this section shall apply. | |
| (d) GAO REPORT.—The Comptroller General shall prepare and submit a report to the Committee on Health, Education, Labor, and Pensions and the Committee on Energy and Natural Resources of the Senate and the Committee on Education and Labor and the Committee on Energy and Commerce of the House of Representatives not later than 5 years after the date of enactment of this Act, which shall advise the committees of the results of the demonstration projects and make appropriate recommendations. | (d) GAO REPORT.—The Comptroller General shall prepare and submit a report to the Committee on Health, Education, Labor, and Pensions and the Committee on Energy and Natural Resources of the Senate and the Committee on Education and Labor and the Committee on Energy and Commerce of the House of Representatives not later than 5 years after the date of enactment of this Act, which shall advise the committees of the results of the demonstration projects and make appropriate recommendations. | |
| (e) DEFINITION AND DESIGNATION OF TARGETED WORKERS.—As used in this section, the term ‘‘targeted worker’’ means an individual who resides in the same labor market area | (e) DEFINITION AND DESIGNATION OF TARGETED WORKERS.—As used in this section, the term ‘‘targeted worker’’ means an individual who resides in the same labor market area | |
| (as defined in section 101 | (as defined in section 101 | |
| (18) of the Workforce Investment Act of 1998 | (18) of the Workforce Investment Act of 1998 | |
| (29 U.S.C. 2801 | (29 U.S.C. 2801 | |
| (18))) as the project and who— | (18))) as the project and who— | |
| (1) is a member of a targeted group, within the meaning of section 51 of the Internal Revenue Code of 1986, other than an individual described in subsection | (1) is a member of a targeted group, within the meaning of section 51 of the Internal Revenue Code of 1986, other than an individual described in subsection | |
| (d) | (d) | |
| (1) | (1) | |
| (C) of such section; | (C) of such section; | |
| (2) | (2) | |
| (A) resides in a census tract in which not less than 20 percent of the households have incomes below the Federal poverty guidelines; or | (A) resides in a census tract in which not less than 20 percent of the households have incomes below the Federal poverty guidelines; or | |
| (B) is a member of a family that received a total family income that, during the 2-year period prior to employment on the project or admission to the pre-apprenticeship program, did not exceed 2percent of the Federal poverty guidelines | (B) is a member of a family that received a total family income that, during the 2-year period prior to employment on the project or admission to the pre-apprenticeship program, did not exceed 2percent of the Federal poverty guidelines | |
| (exclusive of unemployment compensation, child support pay ments, payments described in section 101 | (exclusive of unemployment compensation, child support payments, payments described in section 101 | |
| (25) | (25) | |
| (A) of the Workforce Investment Act | (A) of the Workforce Investment Act | |
| (29 U.S.C. 801 | <> | (29 U.S.C. 2801 |
| (25) | = | (25) |
| (A)), and old-age and survivors insurance benefits received under section 202 of the Social Security Act | (A)), and old-age and survivors insurance benefits received under section 202 of the Social Security Act | |
| (42 U.S.C. 402); or | (42 U.S.C. 402); or | |
| (3) is a displaced homemaker, as such term is defined in section 3 | (3) is a displaced homemaker, as such term is defined in section 3 | |
| (10) of the Carl D. Perkins Career and Technical Education Act of 2006 | (10) of the Carl D. Perkins Career and Technical Education Act of 2006 | |
| (U.S.C. 2302 | (U.S.C. 2302 | |
| (10)). | (10)). | |
| (f) QUALIFIED PRE-APPRENTICESHIP PROGRAM.—A qualified pre-apprenticeship program is a pre-apprenticeship program that has demonstrated an ability to recruit, train, and prepare for admission to apprenticeship programs individuals who are targeted workers. | (f) QUALIFIED PRE-APPRENTICESHIP PROGRAM.—A qualified pre-apprenticeship program is a pre-apprenticeship program that has demonstrated an ability to recruit, train, and prepare for admission to apprenticeship programs individuals who are targeted workers. | |
| (g) QUALIFIED APPRENTICESHIP AND OTHER TRAINING PROGRAMS.— | (g) QUALIFIED APPRENTICESHIP AND OTHER TRAINING PROGRAMS.— | |
| (1) PARTICIPATION BY EACH CONTRACTOR REQUIRED.—Each contractor and subcontractor that seeks to provide construction services on projects identified by the Secretaries pursuant to subsection | (1) PARTICIPATION BY EACH CONTRACTOR REQUIRED.—Each contractor and subcontractor that seeks to provide construction services on projects identified by the Secretaries pursuant to subsection | |
| (a) shall submit adequate assurances with its bid or proposal that it participates in a qualified apprenticeship or other training program, with a written arrangement with a qualified pre-apprenticeship program, for each craft or trade classification of worker that it intends to employ to perform work on the project. | (a) shall submit adequate assurances with its bid or proposal that it participates in a qualified apprenticeship or other training program, with a written arrangement with a qualified pre-apprenticeship program, for each craft or trade classification of worker that it intends to employ to perform work on the project. | |
| (2) DEFINITION OF QUALIFIED APPRENTICE SHIP OR OTHER TRAINING PROGRAM.— | (2) DEFINITION OF QUALIFIED APPRENTICE SHIP OR OTHER TRAINING PROGRAM.— | |
| (A) IN GENERAL.—For purposes of this section, the term ‘‘qualified apprenticeship or other training program’’ means an apprenticeship or other training program that qualifies as an employee welfare benefit plan, as defined in section 3 | (A) IN GENERAL.—For purposes of this section, the term ‘‘qualified apprenticeship or other training program’’ means an apprenticeship or other training program that qualifies as an employee welfare benefit plan, as defined in section 3 | |
| (1) of the Employee Retirement Income Security Act of 1974 | (1) of the Employee Retirement Income Security Act of 1974 | |
| (29 U.S.C. 1002 | (29 U.S.C. 1002 | |
| (1)). | (1)). | |
| (B) CERTIFICATION OF OTHER PROGRAMS IN CERTAIN LOCALITIES.—In the event that the Secretary of Labor certifies that a qualified apprenticeship or other training program | (B) CERTIFICATION OF OTHER PROGRAMS IN CERTAIN LOCALITIES.—In the event that the Secretary of Labor certifies that a qualified apprenticeship or other training program | |
| (as defined in subparagraph | (as defined in subparagraph | |
| (A)) for a craft or trade classification of workers that a prospective contractor or subcontractor intends to employ, is not operated in the locality where the project will be performed, an apprenticeship or other training program that is not an employee welfare benefit plan | (A)) for a craft or trade classification of workers that a prospective contractor or subcontractor intends to employ, is not operated in the locality where the project will be performed, an apprenticeship or other training program that is not an employee welfare benefit plan | |
| (as defined in such section) may be certified by the Secretary as a qualified apprenticeship or other training program pro vided it is registered with the Office of Apprenticeship of the Department of Labor, or a State apprenticeship agency recognized by the Office of Apprenticeship for Federal purposes. | (as defined in such section) may be certified by the Secretary as a qualified apprenticeship or other training program provided it is registered with the Office of Apprenticeship of the Department of Labor, or a State apprenticeship agency recognized by the Office of Apprenticeship for Federal purposes. | |
| (h) FACILITATING COMPLIANCE.—The Secretary may require Federal contracting agencies, recipients of Federal assistance, and any other entity established in accordance with this Act to require contractors to enter into an agreement in a manner comparable with the standards set forth in sections 3 and 4 of Executive Order 135in order to achieve the purposes of this section, including any requirements established by subsection | (h) FACILITATING COMPLIANCE.—The Secretary may require Federal contracting agencies, recipients of Federal assistance, and any other entity established in accordance with this Act to require contractors to enter into an agreement in a manner comparable with the standards set forth in sections 3 and 4 of Executive Order 135in order to achieve the purposes of this section, including any requirements established by subsection | |
| (b). | (b). | |
| (i) LIMITATION.—The requirements of this section shall not apply to any project funded under this Act in American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, or the United States Virgin Islands, unless participation is requested by the governor of such territories within year of the promulgation of rules under this Act. PART 2—CLIMATE CHANGE WORKER ADJUSTMENT ASSISTANCE SEC. 311. PETITIONS, ELIGIBILITY REQUIREMENTS, AND DETERMINATIONS. | (i) LIMITATION.—The requirements of this section shall not apply to any project funded under this Act in American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, or the United States Virgin Islands, unless participation is requested by the governor of such territories within year of the promulgation of rules under this Act. PART 2—CLIMATE CHANGE WORKER ADJUSTMENT ASSISTANCE SEC. 311. PETITIONS, ELIGIBILITY REQUIREMENTS, AND DETERMINATIONS. | |
| (a) PETITIONS.— | (a) PETITIONS.— | |
| (1) FILING.—A petition for certification of eligibility to apply for adjustment assistance for a group of workers under this part may be filed by any of the following: | (1) FILING.—A petition for certification of eligibility to apply for adjustment assistance for a group of workers under this part may be filed by any of the following: | |
| (A) The group of workers. | (A) The group of workers. | |
| (B) The certified or recognized union or other duly authorized representative of such workers. | (B) The certified or recognized union or other duly authorized representative of such workers. | |
| (C) Employers of such workers, one-stop operators or one-stop partners | (C) Employers of such workers, one-stop operators or one-stop partners | |
| (as defined in section 101 of the Workforce Investment Act of 1998 | (as defined in section 101 of the Workforce Investment Act of 1998 | |
| (29 U.S.C. 2801)), including State employment security agencies, or the State dislocated worker unit established under title I of such Act, on behalf of such workers. The petition shall be filed simultaneously with the Secretary of Labor and with the Governor of the State in which such workers’ employment site is located. | (29 U.S.C. 2801)), including State employment security agencies, or the State dislocated worker unit established under title I of such Act, on behalf of such workers. The petition shall be filed simultaneously with the Secretary of Labor and with the Governor of the State in which such workers’ employment site is located. | |
| (2) ACTION BY GOVERNORS.—Upon receipt of a petition filed under paragraph | (2) ACTION BY GOVERNORS.—Upon receipt of a petition filed under paragraph | |
| (1), the Governor shall— | (1), the Governor shall— | |
| (A) ensure that rapid response activities and appropriate core and intensive services | (A) ensure that rapid response activities and appropriate core and intensive services | |
| (as described in section 134 of the Workforce In vestment Act of 1998 | (as described in section 134 of the Workforce Investment Act of 1998 | |
| (29 U.S.C. 2864)) authorized under other Federal laws are made available to the workers covered by the petition to the extent authorized under such laws; and | (29 U.S.C. 2864)) authorized under other Federal laws are made available to the workers covered by the petition to the extent authorized under such laws; and | |
| (B) assist the Secretary in the review of the petition by verifying such information and providing such other assistance as the Secretary may request. | (B) assist the Secretary in the review of the petition by verifying such information and providing such other assistance as the Secretary may request. | |
| (3) ACTION BY THE SECRETARY.—Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register and on the website of the Department of Labor that the Secretary has received the petition and initiated an investigation. | (3) ACTION BY THE SECRETARY.—Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register and on the website of the Department of Labor that the Secretary has received the petition and initiated an investigation. | |
| (4) HEARINGS.—If the petitioner, or any other person found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary’s publication under paragraph | (4) HEARINGS.—If the petitioner, or any other person found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary’s publication under paragraph | |
| (3) a request for a hearing, the Secretary shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard. | (3) a request for a hearing, the Secretary shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard. | |
| (b) ELIGIBILITY.— | (b) ELIGIBILITY.— | |
| (1) IN GENERAL.—A group of workers shall be certified by the Secretary as eligible to apply for ad justment assistance under this part pursuant to a petition filed under subsection | (1) IN GENERAL.—A group of workers shall be certified by the Secretary as eligible to apply for adjustment assistance under this part pursuant to a petition filed under subsection | |
| (a) if— | (a) if— | |
| (A) the group of workers is employed in— | (A) the group of workers is employed in— | |
| (i) energy producing and transforming industries; | (i) energy producing and transforming industries; | |
| (ii) industries dependent upon energy industries; | (ii) industries dependent upon energy industries; | |
| (iii) energy-intensive manufacturing industries; | (iii) energy-intensive manufacturing industries; | |
| (iv) consumer goods manufacturing; or | (iv) consumer goods manufacturing; or | |
| (v) other industries whose employment the Secretary determines has been adversely affected by any requirement of title VII of the Clean Air Act; | (v) other industries whose employment the Secretary determines has been adversely affected by any requirement of title VII of the Clean Air Act; | |
| (B) the Secretary determines that a significant number or proportion of the workers in such workers’ employment site have become totally or partially separated, or are threatened to become totally or partially separated from employment; and | (B) the Secretary determines that a significant number or proportion of the workers in such workers’ employment site have become totally or partially separated, or are threatened to become totally or partially separated from employment; and | |
| (C) the sales, production, or delivery of goods or services have decreased as a result of any requirement of title VII of the Clean Air Act, including— | (C) the sales, production, or delivery of goods or services have decreased as a result of any requirement of title VII of the Clean Air Act, including— | |
| (i) the shift from reliance upon fossil fuels to other sources of energy, including renewable energy, that results in the closing of a facility or layoff of employees at a facility that mines, produces, processes, or utilizes fossil fuels to generate electricity; | (i) the shift from reliance upon fossil fuels to other sources of energy, including renewable energy, that results in the clos ing of a facility or layoff of employees at a facility that mines, produces, processes, or utilizes fossil fuels to generate electricity; | |
| (ii) a substantial increase in the cost of energy required for a manufacturing facility to produce items whose prices are competitive in the marketplace, to the extent the cost is not offset by assistance provided to the facility pursuant to title VII of the Clean Air Act; or | (ii) a substantial increase in the cost of energy required for a manufacturing facility to produce items whose prices are competitive in the marketplace, to the extent the cost is not offset by assistance provided to the facility pursuant to title VII of the Clean Air Act; or | |
| (iii) other documented occurrences that the Secretary determines are indicators of an adverse impact on an industry described in subparagraph | (iii) other documented occurrences that the Secretary determines are indicators of an adverse impact on an industry described in subparagraph | |
| (A) as a result of any requirement of title VII of the Clean Air Act. | (A) as a result of any requirement of title VII of the Clean Air Act. | |
| (2) WORKERS IN PUBLIC AGENCIES.—A group of workers in a public agency shall be certified by the Secretary as eligible to apply for climate change adjustment assistance pursuant to a petition filed if the Secretary determines that a significant number or proportion of the workers in the public agency have become totally or partially separated from employment, or are threatened to become totally or partially separated as a result of any requirement of title VII of the Clean Air Act. | (2) WORKERS IN PUBLIC AGENCIES.—A group of workers in a public agency shall be certified by the Secretary as eligible to apply for climate change adjustment assistance pursuant to a petition filed if the Secretary determines that a significant number or proportion of the workers in the public agency have become totally or partially separated from employment, or are threatened to become totally or partially separated as a result of any requirement of title VII of the Clean Air Act. | |
| (3) ADVERSELY AFFECTED SERVICE WORKERS.—A group of workers shall be certified as eligible to apply for climate change adjustment assistance pursuant to a petition filed if the Secretary determines that— | (3) ADVERSELY AFFECTED SERVICE WORKERS.—A group of workers shall be certified as eligible to apply for climate change adjustment assistance pursuant to a petition filed if the Secretary determines that— | |
| (A) a significant number or proportion of the service workers at an employment site where a group of workers has been certified by the Secretary as eligible to apply for adjustment assistance under this part pursuant to paragraph | (A) a significant number or proportion of the service workers at an employment site where a group of workers has been certified by the Secretary as eligible to apply for adjustment assistance under this part pursuant to paragraph | |
| (1) have become totally or partially separated from employment, or are threatened to become totally or partially separated; and | (1) have become totally or partially separated from employment, or are threatened to become totally or partially separated; and | |
| (B) a loss of business in the firm providing service workers to an employment site is directly attributable to one or more of the documented occurrences listed in paragraph | (B) a loss of business in the firm providing service workers to an employment site is directly attributable to one or more of the documented occurrences listed in paragraph | |
| (1) | (1) | |
| (C). | (C). | |
| (c) AUTHORITY TO INVESTIGATE AND COLLECT INFORMATION.— | (c) AUTHORITY TO INVESTIGATE AND COLLECT INFORMATION.— | |
| (1) IN GENERAL.—The Secretary shall, in determining whether to certify a group of workers under subsection | (1) IN GENERAL.—The Secretary shall, in determining whether to certify a group of workers under subsection | |
| (d), obtain information the Secret |