S.Amdt. 567

SA 567. Mr. BENNETT (for himself, Ms. Murkowski, and Mr. Bingaman)
submitted an amendment intended to be proposed to amendment SA 98
proposed by Mr. Inouye (for himself and Mr. Baucus) to the bill H.R. 1,
making supplemental appropriations for job preservation and creation,
infrastructure investement, energy efficiency and science, assistance
to the unemployed, and State and local fiscal stabilization, for fiscal
year ending September 30, 2009, and for other purposes; which was
ordered to lie on the table; as follows:

Beginning on page 70, strike line 12 and all that follows
through page 72, line 22, and insert the following:

energy efficiency and renewable energy

For an additional amount for ``Energy Efficiency and
Renewable Energy'', $14,398,000,000, for necessary expenses,
to remain available until September 30, 2010, which shall be
used as follows:
(1) $2,000,000,000 shall be available for grants for the
manufacturing of advanced batteries and components and the
Secretary of Energy shall provide facility funding awards
under this heading to manufacturers of advanced battery
systems and vehicle batteries that are produced in the United
States, including advanced lithium ion batteries, hybrid
electrical systems, component manufacturers, and software
designers: Provided, That section 136(b) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17013(b))
shall be applied for each of fiscal years 2009 and 2010 by
striking ``30 percent'' and inserting ``90 percent''.
(2) $2,048,000,000 shall be available for expenses
necessary for energy efficiency and renewable energy
research, development, demonstration, and deployment
activities: Provided further, That--
(A) not less than $100,000,000 shall be for the building
codes training and technical assistance program of the
Department of Energy, including section 304 of the Energy
Conservation and Production Act (42 U.S.C. 6833);
(B) not less than $180,000,000 shall be available for
renewable energy construction grants under section 803 of the
Energy Independence and Security Act of 2007 (42 U.S.C.
17282), geothermal energy programs and grants under sections
613, 614, 615, and 625 of that Act (42 U.S.C. 17192, 17193,
17194, 17204), and the marine and hydrokinetic renewable
energy technologies program established under section 633 of
that Act (42 U.S.C. 17212); and
(C) the Secretary of Energy shall increase the ceiling on
energy savings performance contracts entered into under
section 801 of the National Energy Conservation Policy Act
(42 U.S.C. 8287) prior to December 1, 2008, to ensure that
projects for which a contractor has been selected under the
contracts are concluded in a timely manner.
(3) $2,900,000,000 shall be available for the
Weatherization Assistance Program under part A of title IV of
the Energy Conservation and Production Act (42 U.S.C. 6861 et
seq.).
(4) $500,000,000 shall be available for the State Energy
Program authorized under part D of title III of the Energy
Policy and Conservation Act (42 U.S.C. 6321).
(5) $4,200,000,000 shall be available for Energy Efficiency
and Conservation Grants, of which--
(A) $2,100,000,000 is available through the formula in
subtitle E of title V of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17151 et seq.); and
(B) the remaining $2,100,000,000 shall be awarded on a
competitive basis.
(6) $350,000,000 shall be available for grants to implement
section 721 of the Energy Policy Act of 2005 (42 U.S.C.
16091) for acquisition and alternative fuel or fuel-cell
vehicles, especially for transportation purposes.
(7) $200,000,000 shall be available for grants to States
under section 131 of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17011) to plan, develop, and demonstrate
electrical infrastructure projects that encourage the use of
plug-in electric drive vehicles and for near term large-scale
electrification projects aimed at the transportation sector.
(8) No funds are provided for grants under section 399A of
the Energy Policy and Conservation Act (42 U.S.C. 6371h-1).
(9) $2,200,000,000 shall be available to off-set the costs
associated with Federal purchases of electricity generated by
renewable energy under section 203(e) of the Energy Policy
Act of 2005 (42 U.S.C. 15852(e)).
(10) Notwithstanding section 3304 of title 5, United States
Code, and without regard to sections 3309 through 3318 of
such title 5, the Secretary of Energy, on a determination
that there is a severe shortage of candidates or a critical
hiring need for particular positions, may, using funds
provided under this heading, recruit and directly appoint
highly-qualified individuals into the competitive service:
Provided further, That--
(A) such authority shall not apply to positions in the
Excepted Service or the Senior Executive Service;
(B) any action authorized under this paragraph shall be
consistent with the merit principles of section 2301 of such
title 5; and
(C) the Department of Energy shall comply with the public
notice requirements of section 3327 of such title 5.
(11) $60,000,000 shall be available for infrastructure
investments to support smart grid and related grid equipment
testing activities of the National Laboratories.
On page 73, line 18, insert ``transmission plans,
including'' before ``regional''.
Beginning on page 74, strike line 22 and all that following
through page 75, line 2, and insert the following: Provided
further, That $1,520,000,000 is available for competitive
solicitations for a range of industrial applications:
Provided further, That, pursuant to section 703 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17251), at
least $1,420,000,000 is available for projects that
demonstrate carbon capture from industrial sources: Provided
further, That awards for such projects under section 703 of
that Act may include power plant efficiency improvements for
integration with carbon capture technology: Provided further,
That, pursuant to section 963 of the Energy Policy Act of

[[Page S1883]]

2005 (42 U.S.C. 16293), up to $100,000,000 may be available
for a competitive solicitation for pilot and commercial scale
projects that advance innovative and novel concepts for
carbon dioxide capture and beneficial carbon dioxide reuse.
On page 77, line 14, before the period, insert the
following: ``: Provided further, That any fee imposed on an
applicant in excess of the actual administrative costs to the
Department of Energy in processing a loan guarantee
application shall be refundable to the applicant if there is
no financial close on that application''.
On page 85, line 25, insert ``and demand responsive
equipment and'' after ``grid''.
On page 89, after line 24, add the following:
(d) Effective Use of Funds.--In providing funds made
available by this Act and the amendments made by this Act for
the weatherization assistance program, the Secretary of
Energy may encourage States to give priority to using the
funds for the most cost-effective efficiency activities,
which may include insulation of attics, if the Secretary
determines that the use of the funds would increase the
effectiveness of the program.
On page 90, between lines 14 and 15, insert the following:

SEC. 4__. FEDERAL PURCHASES OF ELECTRICITY GENERATED BY
RENEWABLE ENERGY.

(a) In General.--Section 203 of the Energy Policy Act of
2005 (42 U.S.C. 15852) is amended by adding at the end the
following:
``(e) Contract Period.--
``(1) In general.--Notwithstanding section 501(b)(1)(B) of
title 40, United States Code, a contract entered into by a
Federal agency to acquire renewable energy may be made for a
period of not more than 30 years.
``(2) Technical assistance.--The Secretary shall provide
technical assistance to Federal agencies to enter into
contracts under this subsection.
``(3) Standardized renewable energy purchase agreement.--
Not later than 90 days after the date of enactment of this
subsection, the Secretary, acting through the Federal Energy
Management Program, shall publish a standardized renewable
energy purchase agreement setting forth commercial terms and
conditions that can be used by Federal agencies to acquire
renewable energy.''.
(b) Funding.--The amount otherwise made available for
``Energy Efficiency and Renewable Energy'' by the matter
under the heading ``energy efficiency and renewable energy''
under the heading ``Energy Programs'' under the heading
``DEPARTMENT OF ENERGY'' of this title shall be reduced by
the amount necessary to carry out the amendment made by
subsection (a).
______