S.Amdt. 1616Senate110th Congress (2007-2009)2nd degree
S.Amdt. 1616
Sponsored by 
Sen. Richard J. Durbin (D-IL)
Sen. Richard J. Durbin (D-IL)Submitted June 15, 2007
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Senate amendment submitted
June 15, 2007
Text
Submitted
TEXT OF AMENDMENTS
SA 1610. Mr. CARDIN (for himself, Ms. Mikulski, Mr. Dodd, Mr. Kerry,
Mr. Reed, Mr. Kennedy, Mr. Whitehouse, and Ms. Snowe) proposed an
amendment to amendment SA 1502 proposed by Mr. Reed to the bill H.R. 6,
to reduce our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; as follows:
=========================== NOTE ===========================
On Page S7794, June 15, 2007, under TEXT OF AMENDMENTS, the
following text appears in the Record: SA 1610. Mr. CARDIN (for
himself, Ms. Mikulski, Mr. Dodd, Mr. Kerry, Mr. Reid, Mr. Kennedy,
Mr. Whitehouse, and Ms. Snowe) proposed an amendment.
The online Record has been corrected to read as follows: SA
1610. Mr. CARDIN (for himself, Ms. Mikulski, Mr. Dodd, Mr. Kerry,
Mr. Reed, Mr. Kennedy, Mr. Whitehouse, and Ms. Snowe) proposed an
amendment.
========================= END NOTE =========================
At the appropriate place, insert the following:
SEC. ___. SITING, CONSTRUCTION, EXPANSION, AND OPERATION OF
LNG TERMINALS.
Section 10 of the Act of March 3, 1899 (33 U.S.C. 403), is
amended--
(1) by striking the section designation and all that
follows through ``creation'' and inserting the following:
``SEC. 10. OBSTRUCTION OF NAVIGABLE WATERS; WHARVES AND
PIERS; EXCAVATIONS AND FILLING IN.
``(a) In General.--The creation''; and
(2) by adding at the end the following:
``(b) Siting, Construction, Expansion, and Operation of LNG
Terminals.--
``(1) Definition of affected state.--In this subsection,
the term `affected State' means, with respect to a liquefied
natural gas terminal that is the subject of an application
for an authorization under this section, a State that--
``(A) would be directly connected by a pipeline to the
liquefied natural gas terminal;
``(B) would be located within 15 miles of the liquefied
natural gas terminal; or
``(C) is designated as an affected State by the Secretary
due to a risk of damage to the coastal environment of the
affected State that is equal to or greater than the risk of
damage to the coastal environment of the State in which the
liquified natural gas terminal is proposed to be located.
``(2) Limitation.--The Secretary shall not approve or
disapprove an application for an authorization under this
section for the siting, construction, expansion, or operation
of a liquefied natural gas terminal pursuant to this section
without the express concurrence of the Governor of each
affected State.''.
______
SA 1611. Mr. COLEMAN submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 38, strike lines 11 through 17 and insert the
following:
``(4) Project design.--
``(A) In general.--A project for which a guarantee is made
under this subsection shall have a project design that--
``(i) has been validated through the operation of a
continuous process pilot facility with an annual output of at
least 50,000 gallons of ethanol or the energy equivalent
volume of other advanced biofuels; or
``(ii) provides for upgrades to an existing ethanol
production facility that would increase ethanol production at
the facility through the addition of cellulosic production
capabilities, if the Secretary certifies that--
``(I) the upgrades would increase total ethanol production
at the facility; and
``(II) the facility has the cellulosic transportation and
logistical resources and cellulosic process technologies
necessary to provide the increase in ethanol production
required under subclause (I).
``(B) Priority.--In providing guarantees under this
subsection, the Secretary shall give priority to projects to
be carried out in communities with a population of 25,000 or
less residents.
______
SA 1612. Mr. COLEMAN submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 47, after line 23, add the following:
SEC. 131. RENEWABLE FUEL COMPREHENSIVE STRATEGIC
COORDINATION.
(a) In General.--The Secretary shall develop a
comprehensive strategic program to coordinate, to the maximum
extent practicable--
(1) the renewable fuel standards required by this Act; and
(2) the distribution infrastructure development and vehicle
production levels necessary to minimize economic disruption
as a result of those standards.
(b) Report.--The Secretary shall submit to Congress a
report that contains--
(1) a determination of the Secretary with respect to the
effectiveness and practicability of using, on a national
scale, an ethanol blend fuel (such as E-15 or E-20 blended
fuel) to achieve the most efficient expansion of ethanol use;
and
(2) if the Secretary determines that use of an ethanol
blend fuel as described in paragraph (1) would be effective
and practicable, recommendations of the Secretary relating
to--
(A) the appropriate type and level of use of ethanol blend
fuels; and
(B) an interagency plan to achieve that type and level.
______
SA 1613. Mr. COLEMAN submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 12, strike the table between lines 15 and 16 and
insert the following:
``Applicable volume of renewable fuel
Calendar year: (in billions of gallons):
2008.........................................................8.5 ....
2009........................................................10.5 ....
2010........................................................12.0 ....
2011........................................................12.6 ....
2012........................................................14.2 ....
2013........................................................15.8 ....
2014........................................................18.4 ....
2015........................................................23.0 ....
2016........................................................26.0 ....
2017........................................................29.0 ....
2018........................................................32.0 ....
2019........................................................35.0 ....
2020........................................................38.0 ....
2021........................................................41.0 ....
2022.....................................................44.0.''.....
On page 13, line 3, strike ``2016'' and insert ``2012''.
On page 13, strike the table between lines 5 and 6 and
insert the following:
``Applicable volume of advanced biofuels
Calendar year: (in billions of gallons):
2012.........................................................1.0 ....
2013.........................................................2.0 ....
2014.........................................................4.0 ....
2015.........................................................8.0 ....
2016........................................................11.0 ....
2017........................................................14.0 ....
2018........................................................17.0 ....
2019........................................................20.0 ....
2020........................................................23.0 ....
2021........................................................27.0 ....
2022.....................................................30.0.''.....
______
SA 1614. Mr. TESTER (for himself, Mr. Byrd, Mr. Rockefeller, Mr.
Salazar, and Mr. Bingaman) submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6,
to reduce our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title III, add the following:
SEC. 3___. COAL INNOVATION DIRECT LOAN PROGRAM.
(a) In General.--Title XXXI of the Energy Policy Act of
1992 (42 U.S.C. 13571 et seq.) is amended by adding at the
end the following:
``SEC. 3105. COAL INNOVATION DIRECT LOAN PROGRAM.
``(a) Definitions.--In this section:
``(1) Carbon capture.--The term `carbon capture' means the
capture, separation, and compression of carbon dioxide that
would otherwise be released to the atmosphere at a facility
in the production of end products of a project prior to
transportation of the carbon dioxide to a long-term storage
site.
[[Page S7795]]
``(2) Coal-to-liquid product.--The term `coal-to-liquid
product' means a liquid fuel resulting from the conversion of
a feedstock, as described in this section.
``(3) Combustible end product.--The term `combustible end
product' means any product of a facility intended to be used
as a combustible fuel.
``(4) Conventional baseline emissions.--The term
`conventional baseline emissions' means--
``(A) the lifecycle greenhouse gas emissions of a facility
that produces combustible end products, using petroleum as a
feedstock, that are equivalent to combustible end products
produced by a facility of comparable size through an eligible
project;
``(B) in the case of noncombustible products produced
through an eligible project, the average lifecycle greenhouse
gas emissions emitted by projects that--
``(i) are of comparable size; and
``(ii) produce equivalent products using conventional
feedstocks; and
``(C) in the case of synthesized gas intended for use as a
combustible fuel in lieu of natural gas produced by an
eligible project, the lifecycle greenhouse gas emissions that
would result from equivalent use of natural gas.
``(5) Eligible project.--The term `eligible project' means
a project--
``(A) that employs gasification technology or another
conversion process for feedstocks described in this section;
and
``(B) for which--
``(i) the annual lifecycle greenhouse gas emissions of the
project are at least 20 percent lower than conventional
baseline emissions;
``(ii) at least 75 percent of the carbon dioxide that would
otherwise be released to the atmosphere at the facility in
the production of end products of the project is captured for
long-term storage;
``(iii) the individual or entity carrying out the eligible
project has entered into an enforceable agreement with the
Secretary to implement carbon capture at the percentage that,
by the end of the 5-year period after commencement of
commercial operation of the eligible project--
``(I) represents the best available technology; and
``(II) achieves a reduction in carbon emissions that is not
less than 75 percent; and
``(iv) in the opinion of the Secretary, sufficient
commitments have been secured to achieve long-term storage of
captured carbon dioxide beginning as of the date of
commencement of commercial operation of the project.
``(6) Facility.--The term `facility' means a facility at
which the conversion of feedstocks to end products takes
place.
``(7) Gasification technology.--The term `gasification
technology' means any process that converts coal, petroleum
residue, renewable biomass, or other material that is
recovered for energy or feedstock value into a synthesis gas
composed primarily of carbon monoxide and hydrogen for direct
use or subsequent chemical or physical conversion.
``(8) Greenhouse gas.--The term `greenhouse gas' means any
of--
``(A) carbon dioxide;
``(B) methane;
``(C) nitrous oxide;
``(D) hydrofluorocarbons;
``(E) perfluorocarbons; and
``(F) sulfur hexafluoride.
``(9) Lifecycle greenhouse gas emissions.--The term
`lifecycle greenhouse gas emissions' means the aggregate
quantity of greenhouse gases attributable to the production
and transportation of end products at a facility, including
the production, extraction, cultivation, distribution,
marketing, and transportation of feedstocks, and the
subsequent distribution and use of any combustible end
products, as modified by deducting, as determined by the
Administrator of the Environmental Protection Agency--
``(A) any greenhouse gases captured at the facility and
sequestered;
``(B) the carbon content, expressed in units of carbon
dioxide equivalent, of any feedstock that is renewable
biomass; and
``(C) the carbon content, expressed in units of carbon
dioxide equivalent, of any end products that do not result in
the release of carbon dioxide to the atmosphere.
``(10) Long-term storage.--The term `long-term storage'
means sequestration with an expected maximum rate of carbon
dioxide leakage over a specified period of time that is
consistent with the objective of reducing atmospheric
concentrations of carbon dioxide, subject to a permit issued
pursuant to law in effect as of the date of the
sequestration.
``(11) Renewable biomass.--The term `renewable biomass' has
the definition given the term in section 102 of the Renewable
Fuels, Consumer Protection, and Energy Efficiency Act of
2007.
``(12) Sequestration.--The term `sequestration' means the
placement of carbon dioxide in a geological formation,
including--
``(A) an operating oil and gas field;
``(B) coal bed methane recovery;
``(C) a depleted oil and gas field;
``(D) an unmineable coal seam;
``(E) a deep saline formation; and
``(F) a deep geological systems containing basalt
formations.
``(b) FEED Assistance Program.--
``(1) In general.--Subject to paragraph (3), and in
accordance with section 988 of the Energy Policy Act of 2005
(42 U.S.C. 16352), not later than 1 year after the date of
the enactment of this section, the Secretary shall carry out
a program to provide grants for use in obtaining or carrying
out any services necessary for the planning, permitting, and
construction of an eligible project.
``(2) Selection of eligible projects.--The Secretary shall
select eligible projects to receive grants under this
section--
``(A) through the conduct of a reverse auction, in which
eligible projects proposed to be carried out that have the
greatest rate of carbon capture and long-term storage, and
the lowest lifecycle greenhouse gas emissions, are given
priority;
``(B) that, taken together, would--
``(i) represent a variety of geographical regions;
``(ii) use a variety of feedstocks and types of coal; and
``(iii) to the extent consistent with achieving long-term
storage, represent a variety of geological formations; and
``(C) for which eligible projects, in the opinion of the
Secretary--
``(i) each award recipient is financially viable without
the receipt of additional Federal funding associated with the
proposed project;
``(ii) each recipient will provide sufficient information
to the Secretary for the Secretary to ensure that the
qualified investment is expended efficiently and effectively;
``(iii) a market exists for the products of the proposed
project, as evidenced by contracts or written statements of
intent from potential customers;
``(iv) the project team of each recipient is competent in
the construction and operation of the gasification technology
proposed; and
``(v) each recipient has met such other criteria as may be
established and published by the Secretary.
``(3) Maximum amount of grants.--In carrying out this
subsection, the Secretary shall provide not more than--
``(A) $20,000,000 in grant funds for any eligible project;
and
``(B) $200,000,000 in grant funds, in the aggregate, for
all eligible projects.
``(c) Direct Loan Program.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, and subject to funds being made
available in advance through appropriations Acts, the
Secretary shall carry out a program to provide a total of not
more than $10,000,000,000 in loans to eligible individuals
and entities (as determined by the Secretary) for use in
carrying out eligible projects.
``(2) Application.--An applicant for a loan under this
section shall comply with the terms and conditions in section
215(b)(3) of the Renewable Fuels, Consumer Protection, and
Energy Efficiency Act of 2007 in the same manner in which
applicants for Renewable Energy Construction grants are
required to comply with that section.
``(3) Selection of eligible projects.--The Secretary shall
select eligible projects to receive loans under this
section--
``(A) through the conduct of a reverse auction, in which
eligible projects proposed to be carried out that have the
greatest rate of carbon capture and long-term storage, and
the lowest lifecycle greenhouse gas emissions, are given
priority;
``(B) that, taken together, would--
``(i) represent a variety of geographic regions;
``(ii) use a variety of types of feedstocks and coal; and
``(iii) to the extent consistent with achieving long-term
storage, represent a variety of geological formations; and
``(C) for which eligible projects, in the opinion of the
Secretary--
``(i) each award recipient is financially viable without
the receipt of additional Federal funding associated with the
proposed project;
``(ii) each recipient will provide sufficient information
to the Secretary for the Secretary to ensure that the
qualified investment is expended efficiently and effectively;
``(iii) a market exists for the products of the proposed
project, as evidenced by contracts or written statements of
intent from potential customers;
``(iv) the project team of each recipient is competent in
the construction and operation of the gasification technology
proposed; and
``(v) each recipient has met such other criteria as may be
established and published by the Secretary.
``(4) Use of loan funds.--
``(A) In general.--Subject to subparagraph (B), funds from
a loan provided under this section may be used to pay up to
100 percent of the costs of capital associated with reducing
lifecycle greenhouse gas emissions at the facility (including
carbon dioxide capture, compression, and long-term storage,
cogeneration, and gasification of biomass) carried out as
part of an eligible project.
``(B) Total project cost.--Funds from a loan provided under
this section may not be used to pay more than 50 percent of
the total cost of an eligible project.
``(5) Rates, terms, and repayment of loans.--A loan
provided under this section--
``(A) shall have an interest rate that, as of the date on
which the loan is made, is equal to the cost of funds to the
Department of the Treasury for obligations of comparable
maturity;
``(B) shall have a term equal to the lesser of--
``(i) the projected life, in years, of the eligible project
to be carried out using funds from the loan, as determined by
the Secretary; and
``(ii) 25 years;
``(C) may be subject to a deferral in repayment for not
more than 5 years after the
[[Page S7796]]
date on which the eligible project carried out using funds
from the loan first begins operations, as determined by the
Secretary; and
``(D) shall be made on the condition that the Secretary
shall be subrogated to the rights of the recipient of the
payment as specified in the loan or related agreements,
including, as appropriate, the authority (notwithstanding any
other provision of law)--
``(i) to complete, maintain, operate, lease, or otherwise
dispose of any property acquired pursuant to the guarantee or
a related agreement; or
``(ii) to permit the borrower, pursuant to an agreement
with the Secretary, to continue to pursue the purposes of the
project, if the Secretary determines the pursuit to be in the
public interest.
``(6) Methodology.--Not later than 18 months after the date
of enactment of this section, the Administrator of the
Environmental Protection Agency shall, by regulation,
establish a methodology for use in determining the lifecycle
greenhouse gas emissions of products produced using
gasification technology.
``(d) Study of Maintaining Coal-to-Liquid Products in
Strategic Petroleum Reserve.--Not later than 1 year after the
date of enactment of this section, the Secretary and the
Secretary of Defense shall--
``(1) conduct a study of the feasibility and suitability of
maintaining coal-to-liquid products in the Strategic
Petroleum Reserve; and
``(2) submit to the Committee on Energy and Natural
Resources and the Committee on Armed Services of the Senate
and the Committee on Energy and Commerce and the Committee on
Armed Services of the House of Representatives a report
describing the results of the study.
``(e) Report on Emissions of Coal-to-Liquid Products Used
as Transportation Fuels.--
``(1) In general.--In cooperation with the Secretary, the
Secretary of Defense, the Administrator of the Federal
Aviation Administration, and the Secretary of Health and
Human Services, the Administrator of the Environmental
Protection Agency shall--
``(A) carry out a research and demonstration program to
evaluate the emissions of the use of coal-to-liquid fuel for
transportation, including diesel and jet fuel;
``(B) evaluate the effect of using coal-to-liquid
transportation fuel on emissions of vehicles, including motor
vehicles and nonroad vehicles, and aircraft (as those terms
are defined in sections 216 and 234, respectively, of the
Clean Air Act (42 U.S.C. 7550, 7574)); and
``(C) in accordance with paragraph (4), submit to Congress
a report on the effect on air and water quality, water
scarcity, land use, and public health of using coal-to-liquid
fuel in the transportation sector.
``(2) Guidance and technical support.--The Administrator of
the Environmental Protection Agency, in consultation with the
Secretary, shall issue any guidance or technical support
documents necessary to facilitate the effective use of coal-
to-liquid fuel and blends under this subsection.
``(3) Requirements.--The program described in paragraph
(1)(A) shall take into consideration--
``(A) the use of neat (100 percent) coal-to-liquid fuel and
blends of coal-to-liquid fuels with conventional crude oil-
derived fuel for heavy-duty and light-duty diesel engines and
the aviation sector;
``(B) the production costs associated with domestic
production of those fuels and prices for consumers; and
``(C) the overall greenhouse gas effects of substituting
coal-derived fuels for crude oil-derived fuels.
``(4) Reports.--The Administrator of the Environmental
Protection Agency shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Energy
and Commerce of the House of Representatives--
``(A) not later than 180 days after the date of enactment
of this section, an interim report on actions taken to carry
out this subsection; and
``(B) not later than 1 year after the date of enactment of
this section, a final report on actions taken to carry out
this subsection.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.''.
(b) Conforming Amendment.--The table of contents of the
Energy Policy Act of 1992 (42 U.S.C. prec. 13201) is amended
by adding at the end of the items relating to title XXXI the
following:
``Sec. 3105. Coal innovation direct loan program.''.
______
SA 1615. Ms. COLLINS (for herself, Ms. Cantwell, Ms. Snowe, and Mrs.
Murray) submitted an amendment intended to be proposed to amendment SA
1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's
dependency on foreign oil by investing in clean, renewable, and
alternative energy resources, promoting new emerging energy
technologies, developing greater efficiency, and creating a Strategic
Energy Efficiency and Renewables Reserve to invest in alternative
energy, and for other purposes; as follows:
At the end of title III, insert the following:
SEC. 305. ABRUPT CLIMATE CHANGE RESEARCH PROGRAM.
(a) Establishment of Program.--The Secretary of Commerce
shall establish within the Office of Oceanic and Atmospheric
Research of the National Oceanic and Atmospheric
Administration, and shall carry out, a program of scientific
research on abrupt climate change.
(b) Purposes of Program.--The purposes of the program are
as follows:
(1) To develop a global array of terrestrial and
oceanographic indicators of paleoclimate in order to
sufficiently identify and describe past instances of abrupt
climate change.
(2) To improve understanding of thresholds and
0nonlinearities in geophysical systems related to the
mechanisms of abrupt climate change.
(3) To incorporate such mechanisms into advanced
geophysical models of climate change.
(4) To test the output of such models against an improved
global array of records of past abrupt climate changes.
(c) Abrupt Climate Change Defined.--In this section, the
term ``abrupt climate change'' means a change in the climate
that occurs so rapidly or unexpectedly that human or natural
systems have difficulty adapting to the climate as changed.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Department of Commerce for each of
fiscal years 2009 through 2014, to remain available until
expended, $10,000,000 to carry out the research program
required under this section.
______
SA 1616. Mr. DURBIN (for himself and Mr. Carper) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle B of title I, add the following:
SEC. 131. REPORT ON USE OF FUNDS TO REDUCE OIL AND FUEL
CONSUMPTION.
(a) Report; Incorporation of Information Into Plans.--
(1) Report.--Not later than December 1, 2008, each State
and metropolitan planning organization that serves a
population of 200,000 or more shall make available to the
public, using the Internet and other means commonly used to
inform the public, a report that describes--
(A) the ways in which the planned use of Federal funds made
available under the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law
109-59), and title 23, United States Code, to the State or
metropolitan planning organization for the preceding fiscal
year, including any documentation or materials assembled in
the project development process on anticipated fuel and cost
savings benefits, will--
(i) reduce the demand for gasoline and diesel fuels; and
(ii) lower household transportation expenditures; and
(B)(i) the number of residences, jobs, and shopping venues
within the State or metropolitan area, as applicable, that
are located within \1/2\ of a mile of any transit or
intercity rail transportation station or stop; and
(ii) with respect to transit and intercity rail stations
and stops described in clause (i)--
(I) the frequency of transit or intercity rail
transportation service; and
(II) a description of whether the transit and intercity
rail stations and stops are safely accessible by pedestrians.
(2) Incorporation of information into plans.--For fiscal
year 2009 and each fiscal year thereafter, each State and
metropolitan planning organization described in paragraph (1)
shall consider and include in any update or revision of the
transportation improvement program of the State or
metropolitan planning organization the information required
to be included in the report submitted under paragraph (1).
(b) Information, Data, and Technical Assistance.--The
Secretary, with assistance from the Bureau of Transportation
Statistics, Bureau of Labor Statistics, and other Federal
agencies, shall provide to States and metropolitan planning
organizations any information, data, and technical assistance
that would assist the States and metropolitan planning
organizations in preparing the report under subsection
(a)(1).
(c) Report on Fuel Savings.--Not later than July 1, 2009,
the Secretary shall submit to Congress a report that
describes any cumulative savings in fuel, the most effective
fuel savings measures, and any other benefits identified by
the States and metropolitan planning organizations, from the
use of Federal funds made available under the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (Public Law 109-59) during each of fiscal
years 2008 and 2009.
______
SA 1617. Mr. TESTER submitted an amendment intended to be proposed to
[[Page S7797]]
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title III, add the following:
SEC. 305. PROPOSED REGULATORY PLAN.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the President, acting through the
Chairman of the Council on Environmental Quality, shall
develop a proposed regulatory plan for the long-term geologic
storage of carbon dioxide.
(b) Consultation.--In developing the proposed regulatory
plan, the Chairman of the Council on Environmental Quality
shall consult with--
(1) the Secretary of the Interior;
(2) the Secretary of Agriculture;
(3) the Secretary of Energy;
(4) the Secretary of Transportation;
(5) the Administrator of the Environmental Protection
Agency;
(6) the Chairman of the Federal Energy Regulatory
Commission;
(7) the Attorney General; and
(8) such other officials as the Chairman of the Council on
Environmental Quality determines to be appropriate.
(c) Contents.--The proposed regulatory plan shall include--
(1) a recommended performance standard for long-term
geologic storage of carbon dioxide, including--
(A) a minimum period of time that carbon dioxide stored in
a geologic formation will remain in the formation without
substantial leakage to the atmosphere; and
(B) a maximum percentage of acceptable leakage from a
formation over the minimum storage period;
(2) recommended standards for certifying geologic storage
sites, which standards shall--
(A) include criteria for site selection and management of
long-term storage in each of the types of geologic settings
described in section 963(c)(3)(A) of the Energy Policy Act of
2005 (42 U.S.C. 16293(c)(3)(A)); and
(B) ensure that carbon dioxide stored in a geologic storage
site shall not--
(i) present a substantial threat to the health or safety of
the public or the environment; or
(ii) present a substantial risk of leakage in a quantity in
excess of the maximum acceptable leakage rate recommended
under paragraph (1)(B);
(3) recommended standards and best practices for the
injection of carbon dioxide into, and the management of,
geologic storage sites to ensure the suitability of long-term
storage;
(4) a proposed regulatory framework for the leasing of
Federal land or an interest in land for the long-term
geologic storage of carbon dioxide that ensures that--
(A) the views of adjacent residents, landowners, and the
general public are heard and considered;
(B) the quality of scientific, scenic, historical,
ecological, environmental, air, atmospheric, water resource,
and archeological values of the Federal land or an interest
in land overlaying a geologic storage site are protected; and
(C) the United States receives fair market value for the
use of Federal land or an interest in land for the long-term
storage of carbon dioxide;
(5) a report on the potential for any legal liability that
may arise out of, or result from, a release of carbon dioxide
from a long-term geologic storage site (on Federal or non-
Federal land) that may result in bodily injury, sickness,
disease, or death, the loss of or damage to property, or the
loss of use of property, including--
(A) the likelihood of a release resulting in legal
liability;
(B) the maximum amount of legal liability;
(C) the commercial availability of financial protection
from legal liability; and
(D) recommendations for additional legislation that may be
needed to--
(i) provide financial protection to persons storing carbon
dioxide at Federal sites; or
(ii) compensate the public from any harm to 1 or more
persons or property resulting from the release of carbon
dioxide at a long-term geologic storage site; and
(6) a prioritized list of--
(A) Federal sites that are geologically suitable for
storage of carbon dioxide; and
(B) the locations at which carbon dioxide may be stored
without adversely affecting the use for which the site was
reserved or acquired.
(d) Report to Congress.--Not later than 2 years after the
date of enactment of this Act, the President shall submit the
proposed regulatory plan to appropriate committees of
Congress, including--
(1) the Committee on Energy and Natural Resources of the
Senate;
(2) the Committee on Environment and Public Works of the
Senate;
(3) the Committee on Energy and Commerce of the House of
Representatives; and
(4) the Committee on Natural Resources of the House of
Representatives.
(e) Effect on Other Laws.--Nothing in this section modifies
or otherwise affects the authority of a Federal land
management agency to manage land under the jurisdiction of
the agency in accordance with applicable law.
______
SA 1618. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _. ELECTION TO EXPENSE THREE DIMENSIONAL SEISMIC DATA
EXPENDITURES.
(a) In General.--Part VI of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 is amended by inserting
after section 179E the following new section:
``SEC. 179F. ELECTION TO EXPENSE THREE DIMENSIONAL SEISMIC
DATA EXPENDITURES.
``(a) Treatment as Expenses.--Notwithstanding section
167(h), a taxpayer may elect to treat 100 percent of the cost
of any qualified three dimensional seismic data expenditure
as an expense which is not chargeable to capital account. Any
cost so treated shall be allowed as a deduction for the
taxable year in which the qualified three dimensional seismic
data expenditure is made.
``(b) Election.--
``(1) In general.--An election under this section for any
taxable year shall be made on the taxpayer's return of the
tax imposed by this chapter for the taxable year. Such
election shall specify any three dimensional seismic data
expenditure to which the election applies and shall be made
in such manner as the Secretary may by regulations prescribe.
``(2) Election irrevocable.--Any election made under this
section may not be revoked except with the consent of the
Secretary.
``(c) Qualified Three Dimensional Seismic Data
Expenditure.--For purposes of this section, the term
`qualified three dimensional seismic data expenditure' means
any geological and geophysical expenses described in section
167(h)(1) paid or incurred in connection with the collection,
processing, or interpretation of three dimensional seismic
data.
``(d) Coordination With Section 179.--No expenditures shall
be taken into account under subsection (a) with respect to
the portion of the cost of any property specified in an
election under section 179.''.
(b) Cross Reference.--Section 167(h) of such Code (relating
to amortization of geological and geophysical expenditures)
is amended by adding at the end the following new paragraph:
``(6) Treatment of three dimensional seismic data
expenditures.--For the treatment of geological and
geophysical expenses relating to three dimensional seismic
data expenditures, see section 179F.''.
(c) Clerical Amendment.--The table of sections for part VI
of subchapter B of chapter 1 of such Code is amended by
inserting after the item relating to section 179E the
following new item:
``Sec. 179F. Election to expense three dimensional seismic data
expenditures.''.
(d) Effective Date.--The amendments made by this section
shall apply to expenditures paid or incurred in taxable years
beginning after December 31, 2007.
______
SA 1619. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
SEC. ___. ELIMINATION OF TAXABLE INCOME LIMIT ON PERCENTAGE
DEPLETION FOR OIL AND NATURAL GAS PRODUCED FROM
MARGINAL PROPERTIES.
(a) In General.--Subparagraph (H) of section 613A(c)(6) of
the Internal Revenue Code of 1986 (relating to oil and
natural gas produced from marginal properties) is amended to
read as follows:
``(H) Nonapplication of taxable income limit with respect
to marginal production.--The second sentence of subsection
(a) of section 613 shall not apply to so much of the
allowance for depletion as is determined under subparagraph
(A).''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2006.
______
SA 1620. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by
[[Page S7798]]
investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _. INCREASE OF BARRELS PER DAY AND CUBIC FEET
LIMITATIONS.
(a) In General.--Section 613A(c) of the Internal Revenue
Code of 1986 (relating to exemption for independent producers
and royalty owners) is amended--
(1) by striking ``1,000'' in paragraph (3)(B) and inserting
``1,500'', and
(2) by striking ``6,000'' in paragraph (4) and inserting
``9,000''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2007.
______
SA 1621. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _. INCREASED PHASEOUT THRESHOLD CREDIT FOR PRODUCING OIL
AND GAS FROM MARGINAL WELLS.
(a) In General.--Section 45I(b)(2)(A) of the Internal
Revenue Code of 1986 (relating to reduction as oil and gas
prices increase) is amended--
(1) in clause (i)--
(A) by striking ``$15'' and inserting ``$22'', and
(B) by striking ``$1.67'' and inserting ``$2.50'', and
(2) by striking ``$0.33'' in clause (ii) and inserting
``$0.30''.
(b) Amendment of Inflation Adjustment.--Subparagraph (B) of
section 45I(b)(2) of such Code (relating to inflation
adjustment) is amended--
(1) by striking ``2005'' and inserting ``2008'', and
(2) by striking ``2004'' and inserting ``2007''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2007.
______
SA 1622. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _. INCREASE OF BARRELS PER DAY LIMITATION FOR THE SMALL
REFINER EXCEPTION.
(a) In General.--Section 613A(d)(4) of the Internal Revenue
Code of 1986 (relating to exclusion of certain refiners) is
amended by striking ``75,000'' and inserting ``100,000''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2007.
____________________