I
111th CONGRESS
1st Session
H. R. 2227
IN THE HOUSE OF REPRESENTATIVES
May 4, 2009
Mr. Tim Murphy of Pennsylvania (for himself, Mr. Abercrombie, Mrs. Capito, Mr. Costa, Mr. Wilson of South Carolina, Mr. Walz, and Mr. Terry) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Oversight and Government Reform, Energy and Commerce, Ways and Means, Science and Technology, Transportation and Infrastructure, Education and Labor, the Budget, Rules, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To greatly enhance America’s path toward energy independence and economic and national security, to conserve energy use, to promote innovation, to achieve lower emissions, cleaner air, cleaner water, and cleaner land, and for other purposes.
Short title; table of contents
Short title
This Act may be cited
as the American Conservation and Clean
Energy Independence Act
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Title I—Offshore leasing and other energy provisions
Subtitle A—Offshore Leasing
Sec. 101. Leasing program considered approved.
Sec. 102. Lease sales.
Sec. 103. Seaward boundaries of States.
Sec. 104. Military operations.
Sec. 105. Coordination with Adjacent States.
Sec. 106. Gulf of Mexico oil and gas.
Sec. 107. Sharing of revenues.
Sec. 108. Inventory of offshore energy resources.
Sec. 109. Prohibitions on surface occupancy and other appropriate environmental safeguards.
Subtitle B—Expedited judicial review
Sec. 121. Definitions.
Sec. 122. Exclusive jurisdiction over causes and claims relating to covered oil and natural gas activities.
Sec. 123. Time for filing petition; standing.
Sec. 124. Timetable.
Sec. 125. Limitation on scope of review and relief.
Sec. 126. Presidential waiver.
Sec. 127. Legal fees.
Sec. 128. Exclusion.
Subtitle C—Other energy provisions
Sec. 131. Elimination of restriction on energy alternatives and energy efficiency.
Sec. 132. Policies regarding buying and building American.
Sec. 133. Clean coal technology deployment grant and loan program.
Title II—Modifying the Strategic Petroleum Reserve and funding conservation and energy research and development
Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Objectives.
Sec. 204. Modification of the Strategic Petroleum Reserve.
Sec. 205. Energy Independence and Security Fund.
Title III—Cleaner Energy Production and Energy Conservation Incentives
Sec. 301. Extension of renewable energy credit.
Sec. 302. Extension of renewable energy credit.
Sec. 303. Extension of credit for alternative fuel vehicles.
Sec. 304. Extension of alternative fuel vehicle refueling property credit.
Sec. 305. Extension of credit for energy efficient appliances.
Sec. 306. Extension of credit for nonbusiness energy property.
Sec. 307. Extension of credit for residential energy efficient property.
Sec. 308. Extension of new energy efficient home credit.
Sec. 309. Extension of energy efficient commercial buildings deduction.
Sec. 310. Extension of energy credit.
Sec. 311. Extension of credit for clean renewable energy bonds.
Sec. 312. Extension of credits for biodiesel and renewable diesel.
Title IV—Increase Diversification and Efficiency of America’s Transportation and Electric System
Subtitle A—Diversification of Fuel Source for America’s Short-Haul Transportation System
Sec. 401. Minimum Federal fleet requirement.
Sec. 402. Use of HOV facilities by light-duty plug-in electric drive vehicles.
Sec. 403. Recharging infrastructure.
Sec. 404. Loan guarantees for advanced battery purchases.
Sec. 405. Study of end-of-useful life options for motor vehicle batteries.
Sec. 406. Study and demonstration electrification of postal fleet.
Sec. 407. Maximum weight study for energy efficiency and safety.
Subtitle B—Incentives for Diversification of Transportation
Sec. 420. Amendment of 1986 Code.
Sec. 421. Extension of credit for medium and heavy-duty hybrid vehicles.
Sec. 422. Extension of credit and extension of temporary increase in credit for alternative fuel vehicle refueling property.
Sec. 423. Extension and expansion of credit for new qualified plug-in electric drive motor vehicles.
Sec. 424. Extension of credit for certain plug-in electric vehicles.
Sec. 425. Credit for new qualified plug-in electric drive motor vehicles.
Sec. 426. Tax credit for most efficient vehicle in class.
Sec. 427. Study of development of common standards for PHEVs and EVs between the United States, Europe and Asia.
Subtitle C—Low Carbon Diversification of Electric System
Sec. 431. Innovative low-carbon loan guarantee program.
Offshore leasing and other energy provisions
Offshore Leasing
Leasing program considered approved
In general
The Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program 2010–2015 issued by the Secretary of the Interior (referred to in this section as the Secretary) under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is considered to have been approved by the Secretary as a final oil and gas leasing program under that section, and is considered to be in full compliance with and in accordance with all requirements of the Outer Continental Shelf Lands Act.
Final environmental impact statement
The Secretary is considered to have issued a final environmental impact statement for the program described in subsection (a) in accordance with all requirements under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
Lease sales
Outer Continental Shelf
In general
Except as provided in paragraph (2), not later than 30
days after the date of enactment of this Act and every 270 days thereafter, the
Secretary of the Interior (referred to in this section as the
Secretary
) shall conduct a lease sale in each outer Continental
Shelf planning area for which the Secretary determines that there is a
commercial interest in purchasing Federal oil and gas leases for production on
the outer Continental Shelf.
Subsequent determinations and sales
If the Secretary determines that there is not a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in a planning area under this subsection, not later than 2 years after the date of enactment of the determination and every 2 years thereafter, the Secretary shall—
determine whether there is a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in the planning area; and
if the Secretary determines that there is a commercial interest described in subparagraph (A), conduct a lease sale in the planning area.
Renewable energy and mariculture
The Secretary may conduct commercial lease sales of resources owned by United States—
to produce renewable energy (as defined in section 203(b) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b))); or
to cultivate marine organisms in the natural habitat of the organisms.
Seaward boundaries of States
Seaward boundaries
Section 4 of the Submerged Lands Act (43 U.S.C. 1312)
is amended by striking three geographical miles
each place it
appears and inserting 12 nautical miles
.
Conforming amendments
Section 2 of the Submerged Lands Act (43 U.S.C. 1301) is amended—
in subsection
(a)(2), by striking three geographical miles
and inserting
12 nautical miles
; and
in subsection (b)—
by striking
three geographical miles
and inserting 12 nautical
miles
; and
by striking
three marine leagues
and inserting 12 nautical
miles
.
Effect of amendments
In general
Subject to paragraphs (2) through (4), the amendments made by this section shall not effect Federal oil and gas mineral rights and should not effect the States’ current authority within existing State boundaries.
Existing leases
The amendments made by this section shall not affect any Federal oil and gas lease in effect on the date of enactment of this Act.
Taxation
In general
A State may exercise all of the sovereign powers of taxation of the State within the entire extent of the seaward boundaries of the State (as extended by the amendments made by this section).
Limitation
Nothing in this paragraph affects the authority of a State to tax any Federal oil and gas lease in effect on the date of enactment of this Act.
Military operations
The Secretary shall consult with the Secretary of Defense regarding military operations needs in the Outer Continental Shelf. The Secretary shall work with the Secretary of Defense to resolve any conflicts that might arise between such operations and leasing under this section. If the Secretaries are unable to resolve all such conflicts, any unresolved issues shall be referred by the Secretaries to the President in a timely fashion for immediate resolution.
Coordination with Adjacent States
Section 19 of the Outer Continental Shelf Lands Act (43 U.S.C. 1345) is amended—
in subsection (a)
in the first sentence by inserting , for any tract located within the
Adjacent State’s Adjacent Zone,
after government
;
and
by adding the following:
Prior to issuing a permit or approval for the construction of a pipeline to transport crude oil, natural gas or associated liquids production withdrawn from oil and gas leases on the outer Continental Shelf, a Federal agency must seek the concurrence of the Adjacent State if the pipeline is to transit the Adjacent State’s Adjacent Zone between the outer Continental Shelf and landfall. No State may prohibit construction of such a pipeline within its Adjacent Zone or its State waters. However, an Adjacent State may require routing of such a pipeline to one of two alternate landfall locations in the Adjacent State, designated by the Adjacent State, located within 60 miles on either side of a proposed landfall location.
In this subsection:
The term Adjacent State means, with respect to any program, plan, lease sale, leased tract or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, any State the laws of which are declared, pursuant to section 4(a)(2), to be the law of the United States for the portion of the outer Continental Shelf on which such program, plan, lease sale, leased tract or activity appertains or is, or is proposed to be, conducted. For purposes of this subparagraph, the term State includes the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, and the other Territories of the United States.
The term Adjacent Zone means, with respect to any program, plan, lease sale, leased tract, or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, the portion of the outer Continental Shelf for which the laws of a particular Adjacent State are declared, pursuant to section 4(a)(2), to be the law of the United States.
.
Gulf of Mexico oil and gas
Section 104 of division C of the Tax Relief and Health Care Act of 2006 (Public Law 109–432; 120 Stat. 3003) is repealed.
Sharing of revenues
In General
Section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)) is amended—
in paragraph (2)
by striking Notwithstanding
and inserting Except as
provided in paragraph (6), and notwithstanding
;
by redesignating paragraphs (6) and (7) as paragraphs (8) and (9); and
by inserting after paragraph (5) the following:
Bonus bids and royalties under qualified leases
New leases
Of amounts received by the United States as bonus bids, royalties, rentals, and other sums collected under any qualified lease on submerged lands made available for leasing under this Act by the enactment of the American Conservation and Clean Energy Independence Act that are located within the seaward boundaries of a State established under section 4(a)(2)(A)—
30 percent shall be paid to the States that are producing States with respect to those submerged lands;
10 percent shall be deposited in the general fund of the Treasury;
20 percent shall be deposited in the Renewable Energy and Energy Efficiency Reserve established by paragraph (7);
5 percent shall be deposited into the Clean Water Reserve established by paragraph (7);
10 percent shall be deposited in the Environment Restoration Reserve established by paragraph (7);
8 percent shall be deposited in the Conservation Reserve established by paragraph (7);
10 percent shall be deposited in the Clean Coal Technology Deployment and Carbon Capture and Sequestration Reserve established by paragraph (7);
5 percent shall be deposited in the Carbon Free Technology and Nuclear Energy Reserve established by paragraph (7); and
2 percent shall be available to the Secretary of Health and Human Services for carrying out the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621, et seq.).
Leased tract that lies partially within the seaward boundaries of a State
In the case of a leased tract that lies partially within the seaward boundaries of a State, the amounts of bonus bids and royalties from such tract that are subject to subparagraph (A)(ii) with respect to such State shall be a percentage of the total amounts of bonus bids and royalties from such tract that is equivalent to the total percentage of surface acreage of the tract that lies within such seaward boundaries.
Use of payments to States
Amounts paid to a State under subparagraph (A)(ii) shall be used by the State for one or more of the following:
Education.
Transportation.
Coastal restoration, environmental restoration, and beach replenishment.
Energy infrastructure.
Renewable energy development.
Energy efficiency and conservation.
Any other purpose determined by State law.
Definitions
In this paragraph:
Adjacent state
The term Adjacent State means, with respect to any program, plan, lease sale, leased tract or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, any State the laws of which are declared, pursuant to section 4(a)(2), to be the law of the United States for the portion of the outer Continental Shelf on which such program, plan, lease sale, leased tract, or activity appertains or is, or is proposed to be, conducted.
Adjacent zone
The term adjacent zone means, with respect to any program, plan, lease sale, leased tract, or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, the portion of the outer Continental Shelf for which the laws of a particular adjacent State are declared, pursuant to section 4(a)(2), to be the law of the United States.
Producing State
The term producing State means an Adjacent State having an adjacent zone containing leased tracts from which are derived bonus bids and royalties under a lease under this Act.
State
The term State includes Puerto Rico and the other territories of the United States.
Qualified lease
The term qualified lease means a natural gas or oil lease made available under this Act granted after the date of the enactment of the American Conservation and Clean Energy Independence Act, for an area that is available for leasing as a result of enactment of section 101 of that Act.
Application
This paragraph shall apply to bonus bids and royalties received by the United States under qualified leases after September 30, 2008.
Establishment of reserve accounts
In general
For budgetary purposes, there is established as a separate account to receive deposits under paragraph (6)(A)—
the Renewable Energy and Energy Efficiency Reserve which shall be applied—
first, to offset the alternative energy and conservation tax incentives extended by title III of the American Conservation and Clean Energy Independence Act; and
to extent not applied under subclause (I), to offset the cost of legislation enacted after the date of the enactment of the American Conservation and Clean Energy Independence Act to accelerate the use of cleaner domestic energy resources and alternative fuels; to promote the utilization of energy-efficient products and practices; to promote the development and deployment of smart transportation systems, energy efficient vehicles, and mass transportation systems that preserve the environment and increase energy efficiency of transportation; and to increase research, development, and deployment of clean renewable energy and efficiency technologies and job training programs for those purposes;
the Clean Water Reserve, to offset the cost of legislation enacted after the date of the enactment of the American Conservation and Clean Energy Independence Act to provide assistance, which may include grants, matching grants, and no- and low-interest loans, to State, county, and local governments to rebuild and modernize clean water and sewage infrastructure;
the Environment Restoration Reserve, to offset the cost of legislation enacted after the date of the enactment of the American Conservation and Clean Energy Independence Act to conduct restoration activities to improve the overall health of the ecosystems primarily or entirely within wildlife refuges, national parks, lakes, bays, rivers, and streams, including the Great Lakes, the Chesapeake and Delaware Bays, the San Francisco Bay/Sacramento San Joaquin Bay Delta, the Florida Everglades, New York Harbor, the Colorado River Basin, the Mississippi River basin and tributaries, and Intracoastal Waterways and inlets that serve them;
the Conservation Reserve, to offset the cost of legislation enacted after the date of the enactment of the American Conservation and Clean Energy Independence Act for conservation research, development, and deployment programs to increase residential home energy efficiency, such as weatherization, and conservation tax credits and deductions for energy efficiency in the residential, commercial, industrial, and public sectors including Conservation Districts;
the Clean Coal Technology Deployment and Carbon Capture and Sequestration Reserve, to offset the cost of legislation enacted after the date of the enactment of the American Conservation and Clean Energy Independence Act to promote, through grants, loans, and loan guarantees, research, development, and construction projects associated with carbon capture and storage in the production of liquid transportation fuels, electricity, synthetic natural gas, and chemical feedstock, giving priority to the construction and modernization of plants that implement the most advanced pollution controls to prevent the release of carbon, particulate matter, and other pollutants; and
the Carbon Free Technology and Nuclear Energy Reserve, to offset the cost of legislation enacted after the date of the enactment of the American Conservation and Clean Energy Independence Act to promote the deployment of carbon free technologies, including through loan guarantees for commercial nuclear power plants, the disposition and recycling or reprocessing of spent fuel from nuclear power plants, and the financing of long-term safe storage of spent fuel.
Procedure for adjustments
Budget Committee Chairman
After the reporting of a bill or joint resolution, or the offering of an amendment thereto or the submission of a conference report thereon, providing funding for the purposes set forth in clause (i), (ii), (iii), or (iv) of subparagraph (A) in excess of the amount of the deposits under paragraph (6)(A) for those purposes for fiscal year 2009, the chairman of the Committee on the Budget of the applicable House of Congress shall make the adjustments set forth in clause (ii) for the amount of new budget authority and outlays in that measure and the outlays flowing from that budget authority.
Matters to be adjusted
The adjustments referred to in clause (i) are to be made to—
the discretionary spending limits, if any, set forth in the appropriate concurrent resolution on the budget;
the allocations made pursuant to the appropriate concurrent resolution on the budget pursuant to section 302(a) of the Congressional Budget Act of 1974; and
the budget aggregates contained in the appropriate concurrent resolution on the budget as required by section 301(a) of the Congressional Budget Act of 1974.
Amounts of adjustments
The adjustments referred to in clauses (i) and (ii) shall not exceed the receipts estimated by the Congressional Budget Office that are attributable to this Act for the fiscal year in which the adjustments are made.
Expenditures only by Secretary of the Interior in consultation
Legislation shall not be treated as legislation referred to in subparagraph (A) unless any expenditure under such legislation for a purpose referred to in that subparagraph may be made only after consultation with the Administrator of the Environmental Protection Agency, the Administrator of the National Oceanic and Atmospheric Administration, the Secretary of the Army acting through the Corps of Engineers, and, as appropriate, the Secretary of State.
Maintenance of effort by States
The Secretary of the Interior, the Secretary of Health and Human Services, the Secretary of Energy, and any other Federal official with authority to implement legislation referred to in paragraph (6)(A) shall ensure that financial assistance provided to a State under that legislation for any purpose with amounts made available under this subsection or in any legislation with respect to which paragraph (7) applies supplement, and do not replace, the amounts expended by the State for that purpose before the date of the enactment of the American Conservation and Clean Energy Independence Act.
.
Establishment of State Seaward Boundaries
Section 4(a)(2)(A) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended in the first
sentence by striking , and the President
and all that follows
through the end of the sentence and inserting the following: . Such
extended lines are deemed to be as indicated on the maps for each Outer
Continental Shelf region entitled
.Alaska OCS Region State Adjacent Zone
and OCS Planning Areas
, Pacific OCS Region State Adjacent Zones
and OCS Planning Areas
, Gulf of Mexico OCS Region State Adjacent
Zones and OCS Planning Areas
, and Atlantic OCS Region State
Adjacent Zones and OCS Planning Areas
, all of which are dated September
2005 and on file in the Office of the Director, Minerals Management Service.
The preceding sentence shall not apply with respect to the treatment under
section 105 of the Gulf of Mexico Energy Security Act of 2006 (title I of
division C of Public Law 109–432) of qualified outer Continental Shelf revenues
deposited and disbursed under subsection (a)(2) of that
section.
Inventory of offshore energy resources
In general
The Secretary of the Interior (in this section referred to as the Secretary) shall promptly prepare an inventory of offshore energy resources of the United States, including through conduct of geological and geophysical explorations by private industry in all of the United States outer Continental Shelf areas of the Atlantic Ocean and the Pacific Ocean under part 251 of title 30, Code of Federal Regulations (or successor regulations).
Environmental studies
Not later than 180 days after the date of enactment of this Act, the Secretary shall complete any environmental studies necessary to gather information essential to an accurate inventory, including geological and geophysical explorations under part 251 of title 30, Code of Federal Regulations (or successor regulations).
Effect on oil and gas leasing
No inventory that is conducted under this section or any other Federal law (including regulations) shall restrict, limit, delay, or otherwise adversely affect—
the development of any Outer Continental Shelf leasing program under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344); or
any leasing, exploration, development, or production of any Federal offshore oil and gas leases.
Funding
In general
The Secretary of the Treasury shall make a 1-time transfer to the Secretary, without further appropriation and from royalties collected by the United States in conjunction with the production of oil and gas, of such sums as are necessary for the Secretary to carry out this section.
Limitation
The amount transferred under paragraph shall not exceed $50,000,000.
Prohibitions on surface occupancy and other appropriate environmental safeguards
Regulations
In general
The Secretary of the Interior shall promulgate regulations that establish appropriate environmental safeguards for the exploration and production of oil and natural gas on the outer Continental Shelf.
Requirements
The regulations shall include provisions ensuring that—
no surface facility shall be installed for the purpose of production of oil or gas resources in any area that is within 10 miles from the shore of any coastal State, in any area of the outer Continental Shelf that has not previously been made available for oil and gas leasing;
only temporary surface facilities are installed for areas that are located—
beyond 10 miles from the shore from the shore of any coastal State, in any area of the Outer Continental Shelf that has not previously been made available for oil and gas leasing; and
not more than 20 miles from the shore;
the impact of offshore production facilities on coastal vistas is otherwise mitigated; and
onshore facilities that are able to draw upon the resources of the outer Continental Shelf within 10 miles of shore are allowed.
Conforming Amendment
Section 105 of the Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2006 (Public Law 109–54;
119 Stat. 521) (as amended by section 103(d) of the Gulf of Mexico Energy
Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432)) is amended by
inserting and any other area that the Secretary of the Interior may
offer for leasing, preleasing, or any related activity under section 104 of
that Act
after 2006)
.
Expedited judicial review
Definitions
In this subtitle:
Authorizing leasing statute
The term authorizing leasing statute means the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), the Mineral Leasing Act (30 U.S.C. 181 et seq.), the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.), and any other law of the United States directing or authorizing the leasing of Federal lands for oil and gas production or transmission.
Covered oil and natural gas activity
The term covered oil and natural gas activity means—
the leasing of any lands pursuant to an authorizing leasing statute for the exploration, development, production, processing, or transmission of oil, natural gas, or associated hydrocarbons, including actions or decisions relating to the selection of which lands may or shall be made available for such leasing; and
any activity taken or proposed to be taken pursuant or in relation to such leases, including their suspension, and any environmental analyses relating to such activity.
Exclusive jurisdiction over causes and claims relating to covered oil and natural gas activities
Notwithstanding any other provision of law, any Federal action approving any covered oil and natural gas activity shall be subject to judicial review only—
in the United States Court of Appeals for the District of Columbia Circuit; and
after the person filing a petition seeking such judicial review has exhausted all available administrative remedies with respect to such Federal action.
Time for filing petition; standing
In general
All petitions referred to in section 122 must be filed within 30 days after the latter of the challenged Federal action or the exhaustion of all available administrative remedies with respect to such Federal action. A claim or challenge shall be barred unless it is filed within the time specified.
Standing
No person whose legal rights will not be directly and adversely affected by the challenged action, and who is not within the zone of interest protected by each Act under which the challenge is brought, shall have standing to file any petition referred to in section 122.
Timetable
The United States Court of Appeals for the District of Columbia Circuit shall complete all judicial review, including rendering a judgment, before the end of the 120-day period beginning on the date on which a petition referred to in section 122 is filed, unless all parties to such proceeding agree to an extension of such period.
Limitation on scope of review and relief
Administrative findings and conclusions
In any judicial review referred to in section 122, any administrative findings and conclusions relating to the challenged Federal action shall be presumed to be correct unless shown otherwise by clear and convincing evidence contained in the administrative record.
Limitation on prospective relief
In any judicial review referred to in section 122, the Court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a Federal law requirement, and is the least intrusive means necessary to correct the violation concerned.
Presidential waiver
Notwithstanding any other provision of law, the President may waive any legal requirement relating to the approval of any covered oil and natural gas activity if the President determines in the President’s sole discretion that such activity is important to the national interest and outweighs such legal requirement.
Legal fees
Any person filing a petition referred to in section 122 who is not a prevailing party shall pay to the prevailing parties (including intervening parties), other than the United States, fees and other expenses incurred by that party in connection with the judicial review, unless the Court finds that the position of the person was substantially justified or that special circumstances make an award unjust.
Exclusion
Section 122 shall not apply to disputes between the parties to a lease issued pursuant to an authorizing leasing statute regarding the obligations of such lease or the alleged breach thereof.
Other energy provisions
Elimination of restriction on energy alternatives and energy efficiency
Elimination of other restrictions on use of energy alternatives
Renewable biomass
Section 211(o)(1)(I) of the Clean Air Act (42 U.S.C. 7545(o)(1)(I)) is amended effective January 1, 2009—
in clause (ii), by
striking on non-federal land
; and
in clause (iv), by
striking that are from non-federal forestlands, including
forestlands
and inserting from forestlands, including those on
public lands and those
.
Alternative fuels
Section 526 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17142) is repealed.
Limitation on Number of new Qualified Hybrid Advanced Lean-Burn Technology Vehicles
Section 30B of the Internal Revenue Code of 1986 is amended by striking subsection (f).
New source review under the Clean Air Act
Part A of title I of the Clean Air Act (42 U.S.C. 7401 and following) is amended by adding the following new section at the end thereof:
New source review
In promulgating regulations respecting new source review under this Act, the Administrator shall include in such regulations provisions providing that routine maintenance and repair shall not constitute a modification of an existing source requiring compliance with new source review requirements. Such provisions shall provide that equipment replacement shall be considered routine maintenance and repair if it meets each of the following requirements:
It does not increase actual emissions of any air pollutant by more than 5 percent.
It does not increase actual emissions of any air pollutant by more than 40 tons per year.
.
Policies regarding buying and building American
Intent of Congress
It is the intent of the Congress that this Act, among other things, result in a healthy and growing American industrial, manufacturing, transportation, and service sector employing the vast talents of America’s workforce to assist in the development of energy from domestic sources. Moreover, the Congress intends to monitor the deployment of personnel and material onshore and offshore to encourage the development of American technology and manufacturing to enable United States workers to benefit from this Act by good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American resources.
Safeguard for Extraordinary Ability
Section 30(a) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1356(a)) is amended in the matter preceding
paragraph (1) by striking regulations which
and inserting
regulations that shall be supplemental and complimentary with and under
no circumstances a substitution for the provisions of the Constitution and laws
of the United States extended to the subsoil and seabed of the outer
Continental Shelf pursuant to section 4 of this Act, except insofar as such
laws would otherwise apply to individuals who have extraordinary ability in the
sciences, arts, education, or business, which has been demonstrated by
sustained national or international acclaim, and that
.
Clean coal technology deployment grant and loan program
Purpose
The purpose of this section is to encourage innovative, state of the art energy plants to reduce and eliminate emissions of CO2 and other greenhouse gases.
DOE program
The Secretary Energy shall implement a competitive grant and loan program to award funding to qualified projects for a 3-year period for the construction or modernization of coal fired generation units to enable the use at such units of the most viable and cost effective technology to reduce emissions of carbon dioxide and other greenhouse gases. In carrying out such program, the Secretary shall give priority to the funding of projects that will emit the least amount of carbon dioxide and other greenhouse gases.
Qualified projects
Projects for the construction or modernization of units with carbon capture and sequestration or storage systems shall be qualified for assistance under this section in the form of grants of up to $2,000,000,000 per unit up to a maximum grant of $2,000,000 per Megawatt (MW) of capacity. Such projects may be qualfied for loan guarantees under this section in the amount of up to $3,000,000,000 per unit up to a maximum of $3,000,000 per Megawatt of capacity.
The maximum amount of funding assistance under this section for construction and modernization costs shall be as follows:
A grant of 75 percent of such costs and a loan guarantee of 25 percent of such costs for the first year in which assistance is provided.
A grant of 50 percent of such costs and a loan guarantee of 50 percent of such costs for the second year in which assistance is provided.
A grant of 25 percent of such costs and a loan guarantee of 75 percent of such costs for the first year in which assistance is provided.
Minimum size
No project shall be qualified for assistance under this section for any unit that is less than 250 MW of capacity.
Modifying the Strategic Petroleum Reserve and funding conservation and energy research and development
Findings
Congress finds the following:
The Strategic Petroleum Reserve (SPR) was created by Congress in 1975, to protect the Nation from any future oil supply disruptions. When the program was established, United States refiners were capable of handling light and medium crude and the make up of the SPR matched this capacity. This is not the case today.
A GAO analysis found that nearly half of the refineries considered vulnerable to supply disruptions are not compatible with the types of oil currently stored in the SPR and would be unable to maintain normal refining capacity if forced to rely on SPR oil as currently constituted, thereby reducing the effectiveness of the SPR in the event of a supply disruption. GAO concluded that the SPR should be comprised of at least 10 percent heavy crude.
This Act implements the GAO recommendation and dedicates funds received from the transactions to existing energy conservation, research, and assistance programs.
Definitions
In this title—
the term light grade petroleum means crude oil with an API gravity of 35 degrees or higher;
the term heavy grade petroleum means crude oil with an API gravity of 26 degrees or lower; and
the term Secretary means the Secretary of Energy.
Objectives
The objectives of this title are as follows:
To modernize the composition of the Strategic Petroleum Reserve to reflect the current processing capabilities of refineries in the United States.
To provide increased funding to accelerate conservation, energy research and development, and assistance through existing programs.
Modification of the Strategic Petroleum Reserve
Notwithstanding section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241), the Secretary shall publish a plan not later than 30 days after the date of enactment of this Act to—
exchange as soon as possible light grade petroleum from the Strategic Petroleum Reserve, in an amount equal to 10 percent of the total number of barrels of crude oil in the Reserve as of the date of enactment of this Act, for an equivalent volume of heavy grade petroleum plus any additional cash bonus bids received that reflect the difference in the market value between light grade petroleum and heavy grade petroleum and the timing of deliveries of the heavy grade petroleum;
from the gross proceeds of the cash bonus bids, deposit the amount necessary to pay for the direct administrative and operational costs of the exchange into the SPR Petroleum Account established under section 167 of the Energy Policy and Conservation Act (42 U.S.C. 6247); and
deposit 90 percent of the remaining net proceeds from the exchange into the account established under section 205(a).
Energy Independence and Security Fund
Establishment
There
is hereby established in the Treasury of the United States the Energy
Independence and Security Fund
(in this section referred to as the
Fund).
Administration
The Secretary shall be responsible for administering the Fund for the purpose of carrying out this section.
Deposits
The Secretary shall transfer the balance of funds in the SPR Petroleum Account on the date of enactment of this Act in excess of $10,000,000 into the Fund.
Distribution of Funds
The Secretary shall make amounts from the Fund available for obligation, without further appropriation and without fiscal year limitation, for the following purposes:
Advanced Research Projects Agency—Energy
The Secretary may transfer
amounts to the account Energy Transformation Acceleration Fund
,
established under section 5012(m) of the America COMPETES Act (42 U.S.C.
16538(m)), including amounts—
for university-based research projects; and
for program direction expenses.
Wind energy research and development
The
Secretary may transfer amounts to the account Energy Efficiency and
Renewable Energy
for necessary expenses for a program to support the
development of next-generation wind turbines, including turbines capable of
operating in areas with low wind speeds, as authorized in section 931(a)(2)(B)
of the Energy Policy Act of 2005 (42 U.S.C. 16231(a)(2)(B)).
Solar energy research and development
The
Secretary may transfer amounts to the account Energy Efficiency and
Renewable Energy
for necessary expenses for a program to accelerate the
research, development, demonstration, and deployment of solar energy
technologies, and public education and outreach materials pursuant to such
program, as authorized by section 931(a)(2)(A) of the Energy Policy Act of 2005
(42 U.S.C. 16231(a)(2)(A)).
Low income weatherization and liheap
The
Secretary may transfer amounts to the account Weatherization Assistance
Program
for necessary expenses for a program to weatherize low income
housing, as authorized by section 411 of the Energy Independence and Security
Act of 2007 (Public Law 110–140). The Secretary may transfer amounts to the
Secretary of Health and Human Services for distribution to States under section
2604(a) through (d) of the Low-Income Home Energy Assistance Act of 1981 (42
U.S.C. 8623(a)–(d)).
Marine and hydrokinetic renewable electric energy
The Secretary may transfer amounts to the
account Energy Efficiency and Renewable Energy
for necessary
expenses for a program to accelerate the research, development, demonstration,
and deployment of ocean and wave energy, including hydrokinetic renewable
energy, as authorized by section 931 of the Energy Policy Act of 2005 (42
U.S.C. 16231) and section 636 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17215).
Advanced vehicles research, development, and demonstration
The Secretary may transfer amounts to the
account Energy Efficiency and Renewable Energy
for necessary
expenses for research, development, and demonstration on advanced,
cost-effective technologies to improve the energy efficiency and environmental
performance of vehicles, as authorized in section 911(a)(2)(A) of the Energy
Policy Act of 2005 (42 U.S.C. 16191(a)(2)(A)).
Industrial energy efficiency research and development
The Secretary may transfer amounts to the
account Energy Efficiency and Renewable Energy
for necessary
expenses for a program to accelerate the research, development, demonstration,
and deployment of new technologies to improve the energy efficiency and reduce
greenhouse gas emissions from industrial processes, as authorized in section
911(a)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C. 16191(a)(2)(C)) and in
section 452 of the Energy Independence and Security Act of 2007 (42 U.S.C.
17111).
Building and lighting energy efficiency research and development
The Secretary may transfer amounts to the
account Energy Efficiency and Renewable Energy
for necessary
expenses for a program to accelerate the research, development, demonstration,
and deployment of new technologies to improve the energy efficiency of and
reduce greenhouse gas emissions from buildings, as authorized in section 321(g)
of the Energy Independence and Security Act of 2007 (42 U.S.C. 6295 note),
section 422 of the Energy Independence and Security Act of 2007 (42 U.S.C.
17082), and section 912 of the Energy Policy Act of 2005 (42 U.S.C.
16192).
Geothermal energy development
The
Secretary may transfer amounts to the account Energy Efficiency and
Renewable Energy
for necessary expenses for geothermal research and
development activities to be managed by the National Renewable Energy
Laboratory, as authorized by sections 613, 614, 615, and 616 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17192–95) and section
931(a)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C.
16231(a)(2)(C)).
Smart grid technology research, development, and demonstration
The Secretary may transfer amounts to the
account Energy Efficiency and Renewable Energy
for necessary
expenses for research, development, and demonstration of smart grid
technologies, as authorized by section 1304 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17384).
Carbon capture and storage
The Secretary may
transfer amounts to the account Fossil Energy Research and
Development
for necessary expenses for a program of demonstration
projects of carbon capture and storage, and for a research program to address
public health, safety, and environmental impacts, as authorized by section 963
of the Energy Policy Act of 2005 (42 U.S.C. 16293) and sections 703 and 707 of
the Energy Independence and Security Act of 2007 (42 U.S.C. 17251,
17255).
Nonconventional domestic natural gas production and environmental research
The Secretary may transfer amounts to the account authorized by section 999H(e) of the Energy Policy Act of 2005 (42 U.S.C. 16378(e)).
The Secretary may transfer amounts to the
account Fossil Energy Research and Development
for necessary
expenses for a program of basin-oriented assessments and public and private
partnerships involving States and industry to foster the development of
regional advanced technological, regulatory, and economic development
strategies for the efficient and environmentally sustainable recovery and
market delivery of natural gas and domestic petroleum resources within the
United States, and for support for the Stripper Well Consortium.
Hydrogen research and development
The
Secretary may transfer amounts to the account Energy Efficiency and
Renewable Energy
for necessary expenses for the Department of Energy’s
H–Prize Program, as authorized by section 1008(f) of the Energy Policy Act of
2005 (42 U.S.C. 16396(f)).
Energy storage for transportation and electric power
The Secretary may transfer amounts to the
account Basic Energy Sciences
for necessary expenses for a
program to accelerate basic research on energy storage systems to support
electric drive vehicles, stationary applications, and electricity transmission
and distribution, as authorized by section 641(p)(1) of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17231(p)(1)).
The Secretary may transfer amounts to the
account Energy Efficiency and Renewable Energy
including—
amounts for a program to accelerate applied research on energy storage systems to support electric drive vehicles, stationary applications, and electricity transmission and distribution as authorized by section 641(p)(2) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17231(p)(2));
amounts for energy storage systems demonstrations as authorized by section 641(p)(4) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17231(p)(4)); and
amounts for vehicle energy storage systems demonstrations as authorized by section 641(p)(5) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17231(p)(5)).
Transfer Procedures
The Secretary shall make an initial transfer from the Fund no later than 30 days after the initial deposit of monies into the Fund. The Secretary shall make additional transfers no later than 30 days after subsequent deposits.
Management and Oversight
Additionality of fiscal year 2008 transfers
All amounts transferred under subsection (d) shall be in addition to, and shall not be substituted for, any funds appropriated for the same or similar purposes in the Consolidated Appropriations Act, 2008.
Excess funds
The total of all amounts transferred under subsection (d) and any funds appropriated for the same or similar purposes in the Consolidated Appropriations Act, 2008 may not exceed the amounts authorized in other Acts for such purposes. In the event that amounts made available under this title plus amounts under the Consolidated Appropriations Act, 2008 exceed the cumulative amounts authorized in other Acts for any program funded by this Act, the excess amounts shall be distributed to the other programs funded by this title on a pro rata basis.
Program plans and performance measures
The Secretary shall prepare and publish in the Federal Register a plan for the proposed use of all funds authorized in subsection (d). The plan also shall identify how the use of these funds will be additive to, and not displace, annual appropriations. The plans also shall identify performance measures to assess the additional benefits that may be realized from the application of the additional funding provided under this section. The initial plan shall be published in the Federal Register not later than 45 days after the date of enactment of this Act.
Congressional oversight and review
Nothing in this section shall limit or restrict the review and oversight of program plans by the appropriate committees of Congress. Nothing in this section shall limit or restrict the authority of Congress to set alternative spending limitations in annual appropriations Acts.
Apportionment
All transactions of the Fund shall be exempt from apportionment under the provisions of subchapter II of chapter 15 of title 31, United States Code.
Cleaner Energy Production and Energy Conservation Incentives
Extension of renewable energy credit
In general
Each of the following
provisions of section 45(d) of the Internal Revenue Code of 1986 (relating to
qualified facilities) is amended by striking January 1, 2014
and
inserting January 1, 2019
:
Clauses (i) and (ii) of paragraph (2)(A) (relating to closed-loop biomass facility).
Clauses (i)(I) and (ii) of paragraph (3)(A) (relating to open-loop biomass facility).
Paragraph (4) (relating to geothermal energy facility).
Paragraph (6) (relating to landfill gas facilities).
Paragraph (7) (relating to trash combustion facilities).
Subparagraphs (A) and (B) of paragraph (9) (relating to qualified hydropower facility).
Paragraph (11) (relating to marine and hydrokinetic renewable energy facilities).
Wind facilities
Paragraph (1) of
section 45(d) of such Code is amended by striking January 1,
2013
and inserting January 1, 2019
:
Paragraph (1) (relating to wind facility).
Extension of renewable energy credit
Each
of the following provisions of section 45(d) of the Internal Revenue Code of
1986 (relating to qualified facilities) is amended by striking January
1, 2013
and inserting January 1, 2019
:
Paragraph (1) (relating to wind facility).
Clauses (i) and (ii) of paragraph (2)(A) (relating to closed-loop biomass facility).
Clauses (i)(I) and (ii) of paragraph (3)(A) (relating to open-loop biomass facility).
Paragraph (4) (relating to geothermal energy facility).
Paragraph (5) (relating to small irrigation power facility).
Paragraph (6) (relating to landfill gas facilities).
Paragraph (7) (relating to trash combustion facilities).
Paragraph (8) (relating to refined coal production facility).
Subparagraphs (A) and (B) of paragraph (9) (relating to qualified hydropower facility).
Extension of credit for alternative fuel vehicles
Qualified fuel cell motor vehicles
Paragraph
(1) of section 30B(j) of the Internal Revenue Code of 1986 is amended by
striking December 31, 2014
and inserting December 31,
2018
.
New advanced lean burn technology motor vehicle
Paragraph (2) of section
30B(j) of such Code is amended by striking December 31, 2010
and
inserting December 31, 2018
.
New qualified hybrid motor vehicle
Paragraph (3) of section 30B(j) of such Code
is amended by striking December 31, 2009
and inserting
December 31, 2018
.
New qualified alternative fuel vehicle
Paragraph (4) of section 30B(j) of such
Code is amended by striking December 31, 2010
and inserting
December 31, 2018
.
Extension of alternative fuel vehicle refueling property credit
Subsection (g) of section 30C of the Internal Revenue Code of 1986 (relating to termination) is amended to read as follows:
Termination
This section shall not apply to property placed in service after December 31, 2018.
.
Extension of credit for energy efficient appliances
Dishwashers
Paragraph (1) of section 45M(b) of the
Internal Revenue Code of 1986 (relating to applicable amount) is amended by
striking in calendar year 2008, 2009, or 2010
in subparagraph
(B) and inserting after 2007 and before 2019
.
Clothes washers
Subparagraphs (C) and
(D) of section 45M(b)(2) of such Code is amended by striking in calendar
year 2008, 2009, or 2010
and inserting after 2007 and before
2019
.
Refrigerators
Subparagraphs (C) and (D) of section
45M(b)(3) of such Code is amended by striking in calendar year 2008,
2009, or 2010
and inserting after 2007 and before
2019
.
Effective date
The amendments made by this section shall apply to appliances produced after December 31, 2010.
Extension of credit for nonbusiness energy property
Section 25C(g) of the Internal Revenue Code
of 1986 (relating to termination) is amended by striking December 31,
2010
and inserting December 31, 2018
.
Extension of credit for residential energy efficient property
Section 25D(g) of the Internal Revenue Code
of 1986 (relating to termination) is amended by striking December 31,
2016
and inserting December 31, 2018
.
Extension of new energy efficient home credit
Subsection (g) of section 45L of the
Internal Revenue Code of 1986 (relating to termination) is amended by striking
December 31, 2009
and inserting December 31,
2018
.
Extension of energy efficient commercial buildings deduction
Section 179D(h) of the Internal Revenue Code
of 1986 (relating to termination) is amended by striking December 31,
2013
and inserting December 31, 2018
.
Extension of energy credit
Solar energy property
Paragraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a)
of the Internal Revenue Code of 1986 (relating to energy credit) are each
amended by striking January 1, 2017
and inserting January
1, 2019
.
Fuel cell property
Subparagraph (E) of section 48(c)(1) of such Code
(relating to qualified fuel cell property) is amended by striking
December 31, 2016
and inserting December 31,
2018
.
Microturbine property
Subparagraph (D) of section 48(c)(2) of such Code
(relating to qualified microturbine property) is amended by striking
December 31, 2016
and inserting December 31,
2018
.
Property using thermal energy from ground or ground water
Clause (vii) of
section 48(a)(3)(A) of such Code is amended by striking December 31,
2017
and inserting December 31, 2018
.
Combined heat and power system property
Clause (iv) of section 48(c)(3)(A) of
such Code is amended by striking December 31, 2017
and inserting
December 31, 2018
.
Small wind energy property
Subparagraph (C) of section 48(c)(4) of such Code
is amended by striking December 31, 2016
and inserting
December 31, 2018
.
Extension of credit for clean renewable energy bonds
Extension
Section
54(m) of the Internal Revenue Code of 1986 (relating to termination) is amended
by striking December 31, 2009
and inserting December 31,
2018
.
Effective date
The amendment made by this section shall apply to obligations issued after December 31, 2009.
Extension of credits for biodiesel and renewable diesel
In general
Sections 40A(g),
6426(c)(6), and 6427(e)(6)(B) of the Internal Revenue Code of 1986 are each
amended by striking December 31, 2009
and inserting
December 31, 2018
.
Effective date
The amendments made by this section shall apply to fuel produced, and sold or used, after December 31, 2009.
Increase Diversification and Efficiency of America’s Transportation and Electric System
Diversification of Fuel Source for America’s Short-Haul Transportation System
Minimum Federal fleet requirement
Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 13212) is amended—
in subsection (b)—
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
by inserting after paragraph (1) the following:
Plug-in electric drive vehicles
Of the total number of vehicles acquired by a Federal fleet under paragraph (1), at least the following percentage of the vehicles shall be plug-in electric drive vehicles (as defined in section 131(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17011(a))):
10 percent for fiscal year 2012.
The applicable percentage for the preceding fiscal year increased by 5 percentage points (but not to exceed a total of 50 percent) for fiscal year 2013 and each subsequent fiscal year.
; and
in paragraph (3)
(as redesignated by subparagraph (A)), by inserting or (2)
after
paragraph (1)
;
by striking subsection (c) and inserting the following:
Allocation of Incremental Costs
Subject to the availability of funds appropriated to carry out this subsection (to remain available until expended), the General Services Administration shall pay the incremental cost of alternative fueled vehicles over the cost of comparable gasoline vehicles for vehicles that the Administration purchased for the use of the Administration or on behalf of other agencies, in a total amount of not to exceed $300,000,000 for any of fiscal years 2012 through 2016.
;
in subsection (f), by adding at the end the following:
Compliance
Compliance with this subsection shall not relieve the Federal agency of the obligations of the agency under subsection (b).
; and
in subsection (g),
by striking fiscal years 1993 through 1998
and inserting
each fiscal year
.
Use of HOV facilities by light-duty plug-in electric drive vehicles
Section 166(b)(5) of title 23, United States Code, is amended—
in subparagraph
(A), by striking Before
and inserting Except as provided
in subparagraph (D), before
;
in
subparagraph (B), by striking Before
and inserting Except
as provided in subparagraph (D), before
; and
by adding at the end the following:
Use by plug-in electric drive vehicles
Definition of plug-in electric drive vehicle
In this subparagraph, the term plug-in electric drive vehicle has the meaning given the term in section 131(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17011(a)).
Use of HOV facilities
A State agency—
shall permit vehicles that are certified as low emission and energy-efficient vehicles in accordance with subsection (e) that are light-duty plug-in electric drive vehicles, and that are purchased on or before December 31 of the calendar year described in clause (iii), as determined by the Secretary, to use HOV facilities in the State; and
shall not impose any toll or other charge on such a vehicle for use of an HOV facility in the State.
Calendar year
The calendar year referred to in clause (ii)(I) is the calendar year during which, as determined by the Secretary, the aggregate number of plug-in electric drive vehicles sold in the United States during all calendar years exceeds 2,000,000.
Petition
A State may petition the Secretary to limit or discontinue the use of an HOV facility by plug-in electric drive vehicles if the State demonstrates to the Secretary that the presence of the plug-in electric drive vehicles has degraded the operation of the HOV facility.
.
Recharging infrastructure
Definitions
In this section:
Local government
The term local government has the meaning given the term in section 3371 of title 5, United States Code.
Plug-in electric drive vehicle
The term plug-in electric drive vehicle has the meaning given the term in section 131(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17011(a)).
Range extension infrastructure
The term range extension infrastructure includes equipment, products, or services for recharging plug-in electric drive vehicles that—
are available to retail consumers of electric drive vehicles on a nondiscriminatory basis;
provide for extending driving range through battery exchange or rapid recharging; and
are comparable in convenience and price to petroleum-based refueling services.
Study
In general
The Secretary shall conduct a study of—
the number and distribution of recharging facilities, including range extension infrastructure, that will be required for drivers of plug-in electric drive vehicles to reliably recharge the electric drive vehicles;
minimum technical standards for public recharging facilities in coordination with the National Institute of Standards and Technology; and
the concurrent technical and infrastructure investments that electric utilities and electricity providers will be required to make to support widespread deployment of recharging infrastructure and the estimated costs of the investments.
Components
In conducting the study required under this subsection, the Secretary shall analyze—
the variety and density of recharging infrastructure options necessary to power plug-in electric drive vehicles under diverse scenarios, including—
the ratio of residential, commercial, and public recharging infrastructure options necessary to support 10 percent, 20 percent, and 50 percent penetration of plug-in electric vehicles on a city fleet basis;
the ratio of residential, commercial, and public recharging infrastructure options necessary to support 10 percent, 20 percent, and 50 percent penetration of plug-in electric vehicles on a national fleet basis; and
the potential impact of fast charging on penetration rates and utility power management requirements;
whether use of parking spots with access to recharging facilities should be limited to plug-in electric drive vehicles; and
such other issues as the Secretary considers appropriate.
Report
Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on the results of the study conducted under this subsection, including any recommendations.
Grants and Loans to State and Local Governments for Recharging Infrastructure
In general
Effective beginning October 1, 2010, the Secretary shall establish a program under which the Secretary shall provide grants and loans to local governments to assist in the installation of recharging facilities for electric drive vehicles in areas under the jurisdiction of the local governments. The Secretary shall provide funding under this section to State or local governments to pay not more than fifty percent of the recharging infrastructure cost.
Eligibility
To be eligible to obtain a grant or loan under this subsection, a local government shall—
demonstrate to the Secretary that the applicant has taken into consideration the findings of the report submitted under subsection (b)(3), unless the local government demonstrates to the Secretary that an alternative variety and density of recharging infrastructure options would better meet the purposes of this section; and
agree not to charge a premium for use of a parking space used to recharge an electric drive vehicle other than a charge for electric energy.
Guidelines
The Secretary shall establish guidelines for carrying out this subsection that are consistent with the report submitted under subsection (b)(3).
Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this subsection a total of $250,000,000 for grants and a total of $250,000,000 for loans, to remain available until expended.
Loan guarantees for advanced battery purchases
Subtitle B of title I of the Energy and Independence and Security Act of 2007 (42 U.S.C. 17011 et seq.) is amended by adding at the end the following:
Loan guarantees for advanced battery purchases
Definitions
In this section:
Plug-in electric drive vehicle
The term plug-in electric drive vehicle has the meaning given the term in section 131(a).
Range extension infrastructure
The term range extension infrastructure includes equipment, products, or services for recharging plug-in electric drive vehicles that—
are available to retail consumers of electric drive vehicles on a nondiscriminatory basis;
provide for extended driving range through battery exchange or rapid recharging; and
are comparable in convenience and price to petroleum-based refueling services.
Loan Guarantees
The Secretary shall guarantee loans made to eligible entities for the aggregate purchase by an eligible entity of not less than 5,000 batteries that use advanced battery technology within a calendar year.
Eligible Entities
To be eligible to obtain a loan guarantee under this section, an entity shall be—
an original equipment manufacturer;
a vehicle manufacturer;
an electric utility;
any provider of range extension infrastructure; or
any other qualified entity, as determined by the Secretary.
Regulations
The Secretary shall promulgate such regulations as are necessary to carry out this section.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
.
Study of end-of-useful life options for motor vehicle batteries
In General
In combination with the research, demonstration, and deployment activities conducted under section 641(k) of the Energy and Independence and Security Act of 2007 (42 U.S.C. 17231(k)), the Secretary shall conduct a study on the end-of-useful life options for motor vehicle batteries, including recommendations for stationary storage applications and recyclability design specifications.
Report
Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a), including any recommendations.
Study and demonstration electrification of postal fleet
In general
The Postal Service shall conduct a study of what portion of its mail delivery vehicles are capable of being replaced with plug-in hybrid electric vehicles.
Report
Not later than 1 year after the date of enactment of this Act, the Postal Service shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a).
Prototype Plug-In Electric Hybrid Mail Delivery Vehicles
Not later than 2 years after the date of enactment of this Act, the Postal One service shall contact for the development of a prototype plug-in electric hybrid mail delivery vehicles.
Maximum weight study for energy efficiency and safety
In General
The Secretary of Transportation, in consultation with the Administrator of the National Highway Traffic Safety Administration, shall conduct a study to investigate whether oil savings goals can be achieved in the trucking industry without adverse safety consequences by determining the safety impacts and other effects of increasing the maximum allowable gross weight for vehicles using the Interstate System to allow for larger, more fuel-efficient tractor-trailers.
Study Components
In conducting the study under this section, the Secretary of Transportation shall—
determine whether a vehicle with a supplementary sixth axle and a gross weight of up to 97,000 pounds that is traveling at 60 miles per hour is capable of stopping at a distance of 355 feet or less;
determine whether the use of the Interstate System by vehicles described in paragraph (1) would require a fundamental alteration of the vehicle architecture that is commonly used for the transportation of goods as of the day before the date of the enactment of this Act;
analyze the safety impacts of allowing vehicles described in paragraph (1) to use the Interstate System; and
consider the potential impact on highway safety of applying lower speed limits on such vehicles than the speed limits in effect on the day before the date of the enactment of this Act.
Report
Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to Congress that contains the results of the study conducted under this section, including a determination by the Secretary as to whether permitting vehicles with a supplementary sixth axle and a gross weight of not more than 97,000 pounds to use the Interstate System would have an adverse impact on highway safety.
Definition
In this section, the term Interstate System has the meaning given that term in section 101(a) of title 23, United States Code.
Incentives for Diversification of Transportation
Amendment of 1986 Code
Except as otherwise expressly provided, whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.
Extension of credit for medium and heavy-duty hybrid vehicles
In General
Paragraph (3) of section 30B(k) is amended by striking
December 31, 2009
and inserting December 31,
2014
.
Effective Date
The amendment made by this section shall apply to vehicles acquired after the date of the enactment of this Act.
Extension of credit and extension of temporary increase in credit for alternative fuel vehicle refueling property
Extension of Credit
Subsection (g) of section 30C is amended by striking
service—
and all that follows and inserting service after
December 31, 2018.
.
Extension of Temporary Increase
Paragraph (6) of section 30C(e) is amended—
by striking
January 1, 2011
and inserting January 1, 2019
,
and
by striking
and
2010
in the heading and inserting
through
2018
.
Effective Date
The amendments made by this section shall apply to taxable years beginning after December 31, 2010.
Extension and expansion of credit for new qualified plug-in electric drive motor vehicles
Extension
Section 30D is amended by adding at the end the following new subsection:
Termination
This section shall not apply to any property purchased after December 31, 2018.
.
Restoration of Credit for Large New Qualified Plug-In Electric Drive Motor Vehicles Weighing Over 14,000 Pounds
In general
The last sentence of section 30D(b)(3) is amended to read as follows:
The amount determined under this paragraph shall not exceed—
$5,000, in the case of any new qualified plug-in electric drive motor vehicle with a gross vehicle weight rating of not more than 14,000 pounds,
$10,000, in the case of any new qualified plug-in electric drive motor vehicle with a gross vehicle weight rating of more than 14,000 pounds but not more than 26,000 pounds, and
$12,500, in the case of any new qualified plug-in electric drive motor vehicle with a gross vehicle weight rating of more than 26,000 pounds.
.
Conforming amendments
Paragraph (1) of section 30D(d) is amended by adding
and
at the end of subparagraph (D), by striking subparagraph
(E), and by redesignating subparagraph (F) as subparagraph (E).
Increase in Per Manufacturer Cap
Paragraph (2) of section 30D(e) is amended by
striking 200,000
and inserting 400,000
.
Effective Date
The amendments made by this section shall apply to vehicles acquired after the date of the enactment of this Act.
Extension of credit for certain plug-in electric vehicles
In General
Subsection (f) of section 30 is amended by striking
December 31, 2011
and inserting December 31,
2018
.
Effective Date
The amendment made by this section shall apply to vehicles acquired after the date of the enactment of this Act.
Credit for new qualified plug-in electric drive motor vehicles
Plug-In electric drive motor vehicle credit
Subpart B of part IV of subchapter A of chapter 1 (relating to other credits) is amended as follows:
Subsection (a) of section 30D is amended to read as follows:
Allowance of credit
In general
There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable amount with respect to—
each new qualified plug-in electric drive motor vehicle placed in service by the taxpayer during the taxable year, or
each automotive grade battery purchased by the taxpayer during the taxable year subject to a minimum purchase of 1,000 batteries with a battery capacity no smaller than 5 kilowatt hours.
Applicable amount
For purposes of paragraph (1)(A), the applicable amount is the sum of—
$2,500, plus
$417 for each kilowatt hour of traction battery capacity in excess of kilowatt hours.
For purposes of paragraph (1)(B), the applicable amount is the sum of—
$1,000, plus
$200 for each kilowatt hour of traction battery capacity in excess of 5 kilowatt hours.
.
Subsection (c)(6)
is amended by striking the the period and inserting , and
and
inserting after it:
is not powered by a battery for which any taxpayer received a tax credit pursuant to subsection (a)(1)(B) of this section.
.
Subsections (d), (e), (f), and (g) are redesignated as subsections (e), (f), (g), and (h) and a new subsection (d) is inserted:
Qualified automotive battery
For purposes of this section, the term qualified automotive battery means a battery with at least 5 kilowatt hours of traction battery capacity that is designed for use in qualified plug-in electric drive motor vehicles but is purchased for non-automotive applications.
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Tax credit for most efficient vehicle in class
Subpart B of part IV of subchapter A of chapter 1 (relating to other credits) is amended by adding at the end the following new section:
Most efficient vehicle in class credit
Allowance of credit
There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to $2,000 for each car that is determined to be the most efficient vehicle in class placed in service by the taxpayer during the taxable year.
Most efficient vehicle in class
For purposes of this section, the term most efficient vehicle in class means the motor vehicle identified as the most efficient vehicle in each class of vehicle in the Annual Fuel Economy Guide published by the Environmental Protection Agency.
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Study of development of common standards for PHEVs and EVs between the United States, Europe and Asia
In general
The Secretary shall conduct a study identifying the components of electric vehicles, hybrid-electric vehicles and plug-in hybrid-electric vehicles for which it is important that there be common standards within the United States and between the United States, European and Asian automakers and examine the extent to which such standards are (or are not) or have been (or have not been) developed, and the status of any such efforts to develop such standards.
Report
Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a), including any recommendations.
Low Carbon Diversification of Electric System
Innovative low-carbon loan guarantee program
Section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 16513) is amended—
in subsection (b), by adding at the end the following:
Innovative low-carbon technology projects in accordance with subsection (f).
; and
by adding at the end the following:
Innovative Low-Carbon Technology Projects
In general
The Secretary may make guarantees to carry out innovative low-carbon technologies projects.
Funding
In general
Subject to the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), the total principal amount of loans guaranteed to carry out projects under this subsection shall not exceed $50,000,000,000, to remain available until committed.
Additional amounts
Amounts made available to carry out this subsection shall be in addition to any other authority provided for fiscal year 2010 or any previous fiscal year.
Source of funds
In general
Amounts made available to carry out this subsection shall be—
derived from amounts received from borrowers pursuant to section 1702(b)(2) for fiscal year 2010 or any previous fiscal year; and
collected in accordance with the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
Treatment
The source of payment received from borrowers described in clause (i) shall be not considered a loan or other debt obligation that is guaranteed by the Federal Government.
Subsidy cost
In accordance with section 1702(b)(2), no appropriations to carry out this subsection shall be available to pay the subsidy cost of guarantees.
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