S.Amdt. 5117

1. Adds TITLE II--CLEAN COAL-DERIVED FUELS FOR ENERGY SECURITY at the end of the bill

   Adds a title

   In S. 3268 · Placed on Calendar Senate

   (b) Report.--If the Commission decides not to use the procedures described in subsection (a) in a specific instance, not later than 30 days after the date of the decision, the Commission shall submit to Congress a detailed report that describes in each instance the reasons for not using the procedures.

   Inserted: TITLE II--CLEAN COAL-DERIVED FUELS FOR ENERGY SECURITY

   Inserted: SEC. 201. SHORT TITLE.

   Inserted: This title may be cited as the "Clean Coal-Derived Fuels for Energy Security Act of 2008".

   Inserted: SEC. 202. DEFINITIONS.

   Inserted: In this title:

   Inserted: (1) Clean coal-derived fuel.--

   Inserted: (A) In general.--The term "clean coal-derived fuel" means aviation fuel, motor vehicle fuel, home heating oil, or boiler fuel that is--

   Inserted: (i) substantially derived from the coal resources of the United States; and

   Inserted: (ii) refined or otherwise processed at a facility located in the United States that captures up to 100 percent of the carbon dioxide emissions that would otherwise be released at the facility.

   Inserted: (B) Inclusions.--The term "clean coal-derived fuel" may include any other resource that is extracted, grown, produced, or recovered in the United States.

   Inserted: (2) Covered fuel.--The term "covered fuel" means--

   Inserted: (A) aviation fuel;

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   Inserted: (B) motor vehicle fuel;

   Inserted: (C) home heating oil; and

   Inserted: (D) boiler fuel.

   Inserted: (3) Secretary.--The term "Secretary" means the Secretary of Energy.

   Inserted: (4) Small refinery.--The term "small refinery" means a refinery for which the average aggregate daily crude oil throughput for a calendar year (as determined by dividing the aggregate throughput for the calendar year by the number of days in the calendar year) does not exceed 75,000 barrels.

   Inserted: SEC. 203. CLEAN COAL-DERIVED FUEL PROGRAM.

   Inserted: (a) Program.--

   Inserted: (1) In general.--Not later than 1 year after the date of enactment of this Act, the President shall promulgate regulations to ensure that covered fuel sold or introduced into commerce in the United States (except in noncontiguous States or territories), on an annual average basis, contains the applicable volume of clean coal-derived fuel determined in accordance with paragraph (4).

   Inserted: (2) Provisions of regulations.--Regardless of the date of promulgation, the regulations promulgated under paragraph (1)--

   Inserted: (A) shall contain compliance provisions applicable to refineries, blenders, distributors, and importers, as appropriate, to ensure that--

   Inserted: (i) the requirements of this subsection are met; and

   Inserted: (ii) clean coal-derived fuels produced from facilities for the purpose of compliance with this title result in life cycle greenhouse gas emissions that are not greater than gasoline; and

   Inserted: (B) shall not--

   Inserted: (i) restrict geographic areas in the contiguous United States in which clean coal-derived fuel may be used; or

   Inserted: (ii) impose any per-gallon obligation for the use of clean coal-derived fuel.

   Inserted: (3) Relationship to other regulations.--Regulations promulgated under this paragraph shall, to the maximum extent practicable, incorporate the program structure, compliance and reporting requirements established under the final regulations promulgated to implement the renewable fuel program established by the amendment made by section 1501(a)(2) of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 1067).

   Inserted: (4) Applicable volume.--

   Inserted: (A) Calendar years 2015 through 2022.--For the purpose of this subsection, the applicable volume for any of calendar years 2015 through 2022 shall be determined in accordance with the following table:

   Inserted: Applicable volume of clean coal-derived fuel Calendar year: (in billions of gallons):

   Inserted: 2015............................................................0.75 2016.............................................................1.5 2017............................................................2.25 2018............................................................3.00 2019............................................................3.75 2020.............................................................4.5 2021............................................................5.25 2022.............................................................6.0.

   Inserted: (B) Calendar year 2023 and thereafter.--Subject to subparagraph (C), for the purposes of this subsection, the applicable volume for calendar year 2023 and each calendar year thereafter shall be determined by the President, in coordination with the Secretary and the Administrator of the Environmental Protection Agency, based on a review of the implementation of the program during calendar years 2015 through 2022, including a review of--

   Inserted: (i) the impact of clean coal-derived fuels on the energy security of the United States;

   Inserted: (ii) the expected annual rate of future production of clean coal-derived fuels; and

   Inserted: (iii) the impact of the use of clean coal-derived fuels on other factors, including job creation, rural economic development, and the environment.

   Inserted: (C) Minimum applicable volume.--For the purpose of this subsection, the applicable volume for calendar year 2023 and each calendar year thereafter shall be equal to the product obtained by multiplying--

   Inserted: (i) the number of gallons of covered fuel that the President estimates will be sold or introduced into commerce in the calendar year; and

   Inserted: (ii) the ratio that--

   Inserted: (I) 6,000,000,000 gallons of clean coal-derived fuel; bears to

   Inserted: (II) the number of gallons of covered fuel sold or introduced into commerce in calendar year 2022.

   Inserted: (b) Applicable Percentages.--

   Inserted: (1) Provision of estimate of volumes of certain fuel sales.--Not later than October 31 of each of calendar years 2015 through 2021, the Administrator of the Energy Information Administration shall provide to the President an estimate, with respect to the following calendar year, of the volumes of covered fuel projected to be sold or introduced into commerce in the United States.

   Inserted: (2) Determination of applicable percentages.--

   Inserted: (A) In general.--Not later than November 30 of each of calendar years 2015 through 2022, based on the estimate provided under paragraph (1), the President shall determine and publish in the Federal Register, with respect to the following calendar year, the clean coal-derived fuel obligation that ensures that the requirements of subsection (a) are met.

   Inserted: (B) Required elements.--The clean coal-derived fuel obligation determined for a calendar year under subparagraph (A) shall--

   Inserted: (i) be applicable to refineries, blenders, and importers, as appropriate;

   Inserted: (ii) be expressed in terms of a volume percentage of covered fuel sold or introduced into commerce in the United States; and

   Inserted: (iii) subject to paragraph (3)(A), consist of a single applicable percentage that applies to all categories of persons specified in clause (i).

   Inserted: (3) Adjustments.--In determining the applicable percentage for a calendar year, the President shall make adjustments--

   Inserted: (A) to prevent the imposition of redundant obligations on any person specified in paragraph (2)(B)(i); and

   Inserted: (B) to account for the use of clean coal-derived fuel during the previous calendar year by small refineries that are exempt under subsection (f).

   Inserted: (c) Volume Conversion Factors for Clean Coal-Derived Fuels Based on Energy Content.--

   Inserted: (1) In general.--For the purpose of subsection (a), the President shall assign values to specific types of clean coal-derived fuel for the purpose of satisfying the fuel volume requirements of subsection (a)(4) in accordance with this subsection.

   Inserted: (2) Energy content relative to diesel fuel.--For clean coal-derived fuels, 1 gallon of the clean coal-derived fuel shall be considered to be the equivalent of 1 gallon of diesel fuel multiplied by the ratio that--

   Inserted: (A) the number of British thermal units of energy produced by the combustion of 1 gallon of the clean coal-derived fuel (as measured under conditions determined by the Secretary); bears to

   Inserted: (B) the number of British thermal units of energy produced by the combustion of 1 gallon of diesel fuel (as measured under conditions determined by the Secretary to be comparable to conditions described in subparagraph (A)).

   Inserted: (d) Credit Program.--

   Inserted: (1) In general.--The President, in consultation with the Secretary and the clean coal-derived fuel requirement of this section.

   Inserted: (2) Market transparency.--In carrying out the credit program under this subsection, the President shall facilitate price transparency in markets for the sale and trade of credits, with due regard for the public interest, the integrity of those markets, fair competition, and the protection of consumers.

   Inserted: (e) Waivers.--

   Inserted: (1) In general.--The President, in consultation with the Secretary and the Administrator of the Environmental Protection Agency, may waive the requirements of subsection (a) in whole or in part on petition by 1 or more States by reducing the national quantity of clean coal-derived fuel required under subsection (a), based on a determination by the President (after public notice and opportunity for comment), that--

   Inserted: (A) implementation of the requirement would severely harm the economy or environment of a State, a region, or the United States; or

   Inserted: (B) extreme and unusual circumstances exist that prevent distribution of an adequate supply of domestically produced clean coal-derived fuel to consumers in the United States.

   Inserted: (2) Petitions for waivers.--The President, in consultation with the Secretary and the Administrator of the Environmental Protection Agency, shall approve or disapprove a State petition for a waiver of the requirements of subsection (a) within 90 days after the date on which the petition is received by the President.

   Inserted: (3) Termination of waivers.--A waiver granted under paragraph (1) shall terminate after 1 year, but may be renewed by the President after consultation with the Secretary and the Administrator of the Environmental Protection Agency.

   Inserted: (f) Small Refineries.--

   Inserted: (1) Temporary exemption.--

   Inserted: (A) In general.--The requirements of subsection (a) shall not apply to small refineries until calendar year 2018.

   Inserted: (B) Extension of exemption.--

   Inserted: (i) Study by secretary.--Not later than December 31, 2013, the Secretary shall submit to the President and Congress a report describing the results of a study to determine whether compliance with the requirements of subsection (a) would impose a disproportionate economic hardship on small refineries.

   Inserted: (ii) Extension of exemption.--In the case of a small refinery that the Secretary determines under clause (i) would be subject to a disproportionate economic hardship if required to comply with subsection (a), the President shall extend the exemption under subparagraph (A) for the small refinery for a period of not less than 2 additional years.

   Inserted: (2) Petitions based on disproportionate economic hardship.--

   Inserted: (A) Extension of exemption.--A small refinery may at any time petition the President for an extension of the exemption under paragraph (1) for the reason of disproportionate economic hardship.

   Inserted: (B) Evaluation of petitions.--In evaluating a petition under subparagraph (A), the President, in consultation with the Secretary, shall consider the findings of the study under paragraph (1)(B) and other economic factors.

   Inserted: (C) Deadline for action on petitions.--The President shall act on any petition submitted by a small refinery for a hardship exemption not later than 90 days after the date of receipt of the petition.

   Inserted: (3) Opt-in for small refineries.--A small refinery shall be subject to the requirements of subsection (a) if the small refinery notifies the President that the small refinery waives the exemption under paragraph (1).

   Inserted: (g) Penalties and Enforcement.--

   Inserted: (1) Civil penalties.--

   Inserted: (A) In general.--Any person that violates a regulation promulgated under subsection (a), or that fails to furnish any information required under such a regulation, shall be liable to the United States for a civil penalty of not more than the total of--

   Inserted: (i) $25,000 for each day of the violation; and

   Inserted: (ii) the amount of economic benefit or savings received by the person resulting from the violation, as determined by the President.

   Inserted: (B) Collection.--Civil penalties under subparagraph (A) shall be assessed by, and collected in a civil action brought by, the Secretary or such other officer of the United States as is designated by the President.

   Inserted: (2) Injunctive authority.--

   Inserted: (A) In general.--The district courts of the United States shall have jurisdiction to--

   Inserted: (i) restrain a violation of a regulation promulgated under subsection (a);

   Inserted: (ii) award other appropriate relief; and

   Inserted: (iii) compel the furnishing of information required under the regulation.

   Inserted: (B) Actions.--An action to restrain such violations and compel such actions shall be brought by and in the name of the United States.

   Inserted: (C) Subpoenas.--In the action, a subpoena for a witness who is required to attend a district court in any district may apply in any other district.

   Inserted: (h) Effective Date.--Except as otherwise specifically provided in this section, this section takes effect on January 1, 2016.

   Inserted: SEC. 204. STUDY OF DIESEL VEHICLE ATTRIBUTES.

   Inserted: (a) In General.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Transportation, shall conduct a study to identify--

   Inserted: (1) the environmental and efficiency attributes of diesel-fueled vehicles as the vehicles compare to comparable gasoline fueled, E-85 fueled, and hybrid vehicles;

   Inserted: (2) the technical, economic, regulatory, environmental, and other obstacles to increasing the usage of diesel-fueled vehicles;

   Inserted: (3) the legislative, administrative, and other actions that could reduce or eliminate the obstacles identified under paragraph (2); and

   Inserted: (4) the costs and benefits associated with reducing or eliminating the obstacles identified under paragraph (2).

   Inserted: (b) Report.--Not later than 90 days after the date of enactment of this Act, the Secretary 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 report describing the results of the study conducted under subsection (a).

   Inserted: (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

   Inserted: TITLE III--ADVANCED BATTERIES FOR ELECTRIC DRIVE VEHICLES

   Inserted: SEC. 301. ADVANCED BATTERIES FOR ELECTRIC DRIVE VEHICLES.

   Inserted: (a) Definitions.--In this section:

   Inserted: (1) Advanced battery.--The term "advanced battery" means an electrical storage device that is suitable for a vehicle application.

   Inserted: (2) Engineering integration costs.--The term "engineering integration costs" includes the cost of engineering tasks relating to--

   Inserted: (A) the incorporation of qualifying components into the design of an advanced battery; and

   Inserted: (B) the design of tooling and equipment and the development of manufacturing processes and material for suppliers of production facilities that produce qualifying components or advanced batteries.

   Inserted: (3) Secretary.--The term "Secretary" means the Secretary of Energy.

   Inserted: (b) Advanced Battery Research and Development.--

   Inserted: (1) In general.--The Secretary shall--

   Inserted: (A) expand and accelerate research and development efforts for advanced batteries; and

   Inserted: (B) emphasize lower cost means of producing abuse-tolerant advanced batteries with the appropriate balance of power and energy capacity to meet market requirements.

   Inserted: (2) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $100,000,000 for each of fiscal years 2010 through 2014.

   Inserted: (c) Direct Loan Program.--

   Inserted: (1) In general.--Subject to the availability of appropriated funds, not later than 1 year after the date of enactment of this Act, the Secretary shall carry out a program to provide a total of not more than $250,000,000 in loans to eligible individuals and entities for not more than 30 percent of the costs of 1 or more of--

   Inserted: (A) reequipping a manufacturing facility in the United States to produce advanced batteries;

   Inserted: (B) expanding a manufacturing facility in the United States to produce advanced batteries; or

   Inserted: (C) establishing a manufacturing facility in the United States to produce advanced batteries.

   Inserted: (2) Eligibility.--

   Inserted: (A) In general.--To be eligible to obtain a loan under this subsection, an individual or entity shall--

   Inserted: (i) be financially viable without the receipt of additional Federal funding associated with a proposed project under this subsection;

   Inserted: (ii) provide sufficient information to the Secretary for the Secretary to ensure that the qualified investment is expended efficiently and effectively; and

   Inserted: (iii) meet such other criteria as may be established and published by the Secretary.

   Inserted: (B) Consideration.--In selecting eligible individuals or entities for loans under this subsection, the Secretary may consider whether the proposed project of an eligible individual or entity under this subsection would--

   Inserted: (i) reduce manufacturing time;

   Inserted: (ii) reduce manufacturing energy intensity;

   Inserted: (iii) reduce negative environmental impacts or byproducts; or

   Inserted: (iv) increase spent battery or component recycling

   Inserted: (3) Rates, terms, and repayment of loans.--A loan provided under this subsection--

   Inserted: (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;

   Inserted: (B) shall have a term that is equal to the lesser of--

   Inserted: (i) the projected life, in years, of the eligible project to be carried out using funds from the loan, as determined by the Secretary; or

   Inserted: (ii) 25 years; and

   Inserted: (C) may be subject to a deferral in repayment for not more than 5 years after the date on which the eligible project carried out using funds from the loan first begins operations, as determined by the Secretary.

   Inserted: (4) Period of availability.--A loan under this subsection shall be available for--

   Inserted: (A) facilities and equipment placed in service before December 30, 2020; and

   Inserted: (B) engineering integration costs incurred during the period beginning on the date of enactment of this Act and ending on December 30, 2020.

   Inserted: (5) Fees.--The cost of administering a loan made under this subsection shall not exceed $100,000.

   Inserted: (6) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection for each of fiscal years 2009 through 2013.

   Inserted: (d) Sense of the Senate on Purchase of Plug-in Electric Drive Vehicles.--It is the sense of the Senate that, to the maximum extent practicable, the Federal Government should implement policies to increase the purchase of plug-in electric drive vehicles by the Federal Government.

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