I
112th CONGRESS
1st Session
H. R. 1861
IN THE HOUSE OF REPRESENTATIVES
May 12, 2011
Mr. Murphy of Pennsylvania (for himself, Mr. Walz of Minnesota, Mr. Shuster, Mr. Costa, Mr. Paulsen, Mr. Donnelly of Indiana, Mrs. Capito, Mr. Stivers, Mr. Critz, Mr. Meehan, and Mr. Boswell) 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, Space, and Technology, Transportation and Infrastructure, the Budget, the Judiciary, Rules, and Education and the Workforce, 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, to rebuild our Nation’s aging roads, bridges, locks, and dams, and for other purposes.
Short title; table of contents
Short title
This Act may be cited as the Infrastructure Jobs and 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 credit for energy efficient appliances.
Sec. 303. Extension of credit for nonbusiness energy property.
Sec. 304. Extension of credit for residential energy efficient property.
Sec. 305. Extension of new energy efficient home credit.
Sec. 306. Extension of energy efficient commercial buildings deduction.
Sec. 307. Extension of energy credit.
Sec. 308. Extension of credit for new clean renewable energy bonds.
Sec. 309. Expensing of mechanical insulation property.
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 or new qualified alternative fuel motor 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. Study of development of common standards for PHEVs and EVs between the United States, Europe and Asia.
Subtitle B—Incentives for Diversification of Transportation
Sec. 420. Amendment of 1986 Code.
Sec. 421. Extension and modification of credit for fuel cell, hybrid, lean burn, and alternative fuel vehicles.
Sec. 422. Extension and expansion of credit for new qualified plug-in electric drive motor vehicles.
Sec. 423. Extension of credit for certain plug-in electric vehicles.
Sec. 424. Tax credit for most efficient vehicle in class.
Sec. 425. Extension of credit and extension of temporary increase in credit for alternative fuel vehicle refueling property.
Sec. 426. Modification of alternative fuel credit.
Sec. 427. Extension of credits for biodiesel and renewable diesel.
Subtitle C—Low-Carbon Diversification of Electric System
Sec. 431. Innovative low-carbon loan guarantee program.
Sec. 432. Ensuring revenues are sufficient for implementation of title IV.
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)).
Correction of dates
The Secretary of the Interior shall update the dates and deadlines proscribed in the program described in subsection (a) to reflect the time that has passed between the date the program was issued and the date of enactment of this Act.
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 9 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
9 nautical miles
; and
in subsection (b)—
by striking
three geographical miles
and inserting 9 nautical
miles
; and
by striking
three marine leagues
and inserting 9 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
Repeal
Section 104 of division C of the Tax Relief and Health Care Act of 2006 (Public Law 109–432; 120 Stat. 3003) is repealed.
leasing plan for the Eastern Gulf of Mexico
Pursuant to sections 101 and 102 of this Act, the Secretary of the Interior shall issue a final leasing plan for the Eastern Gulf of Mexico within 180 days after the date of enactment of this Act for all areas where there exists commercial interest in purchasing Federal oil and gas leases for production.
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 new qualified lease on submerged lands made available for leasing under this Act by the enactment of the Infrastructure Jobs and Energy Independence Act—
30 percent shall be paid to the States that are producing States with respect to those submerged lands that are located within the seaward boundaries of such a State established under section 4(a)(2)(A);
10 percent shall be deposited in the general fund of the Treasury;
15 percent shall be deposited in the Renewable Energy and Energy Efficiency Reserve established by paragraph (7);
20 percent shall be deposited in the Infrastructure Renewal Reserve established by paragraph (7);
3 percent shall be deposited into the Clean Water Reserve established by paragraph (7);
4 percent shall be deposited in the Environment Restoration Reserve established by paragraph (7);
3 percent shall be deposited in the Conservation Reserve established by paragraph (7);
8 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 Infrastructure Jobs and
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 implementation of sections 105 and 106 of the Infrastructure Jobs and Energy Independence Act.
Existing revenues
All revenues including revenues, including bonus bids, royalties, rentals, and other sums, collected from leases issued under this Act prior to the enactment Infrastructure Jobs and Energy Independence Act, shall not be affected by the provisions of that Act.
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 Infrastructure Jobs and Energy Independence Actt; and
to extent not applied under subclause (I), to offset the cost of legislation enacted after the date of the enactment of the Infrastructure Jobs and 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 Infrastructure Renewal Reserve which shall be applied to offset the costs of—
Federal-aid highway and highway safety construction programs carried out by the Secretary of Transportation;
public transportation programs carried out by the Secretary of Transportation;
water resources development construction projects carried out by the Secretary of the Army (acting through the Chief of Engineers);
Federal support for freight rail and passenger rail construction and repair projects;
legislation enacted after the date of the enactment of the Infrastructure Jobs and Energy Independence Act for purposes of investment in transportation infrastructure; and
the Clean Water Reserve, to first, offset the cost of construction programs under the Clean Water Act or the 1996 Amendments to the Safe Drinking Water Act that provide assistance, such as 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 Infrastructure Jobs and 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 Infrastructure Jobs and Energy Independence Act for conservation research, development, and deployment programs to increase commercial energy efficiency, such as weatherization, conservation and building technology tax credits for energy efficiency in the commercial and industrial sectors;
the Clean Coal Technology Deployment and Carbon Capture and Sequestration Reserve, to—
first offset the cost of programs established under section 133 of this Act
two, offset the cost of programs in section 1703 of the Energy Policy Act of 2005 related to loan guarantees for construction projects associated with carbon capture and storage, 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
third, to offset the cost of research at the Department of Energy Office of Fossil Energy that promotes the production of liquid transportation fuels, clean-coal electricity, synthetic natural gas, and chemical feedstock; and
the Carbon Free Technology and Nuclear Energy Reserve, to—
first offset the cost of programs in title IV of this Act; and
two, offset the cost of legislation enacted after the date of the enactment of the Rebuilding America’s Infrastructure Through 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 2013, 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 Infrastructure Jobs and Energy Independence Act.
Distributions for Federal-aid highway or highway safety construction program
To the extent practicable, amounts made available for a Federal-aid highway or highway safety construction program, the costs of which are offset by application of the Infrastructure Renewal Reserve, shall be distributed using the apportionment formula that applies to that program.
.
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 (1) shall not exceed $50,000,000.
Prohibitions on surface occupancy and other Appropriate environmental safeguards
Regulations
In general
environmental safeguards
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.
Safety protocols
All operations, including under any permit issued pursuant to an application for a permit to drill or an application for a permit to sidetrack, that has been approved by the Minerals Management Service or the Bureau of Ocean Energy Management, Regulation and Enforcement, for purposes of outer Continental Shelf energy exploration or development and production, shall be carried out in accordance with the safety protocols contained in part 250 of title 30, Code of Federal Regulations.
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—
in clause (ii), by
striking non-federal
; 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.
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 at the end:
New source review
In promulgating regulations respecting any requirement or prohibition of this Act relating to the construction of a new source or the modification of an existing source, the Administrator shall include in such regulations provisions providing that routine maintenance and repair shall not constitute a modification of an existing source requiring treatment of the source as a new source. Such provisions shall provide that equipment replacement shall be considered routine maintenance and repair if it meets each of the following:
Such replacement does not increase overall actual emissions of any air pollutant by more than 5 percent.
In the case of a source generating electricity, such replacement does not result in a greater amount of any air pollutant emitted in proportion to the megawatts of electricity generated.
.
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
.
Work standards
All construction, repair, or alteration of public buildings and public works of the Government and buildings or works financed or otherwise assisted in whole or in part under this Act by a loan, loan guarantee, grant, annual contribution, credit enhancement, or any other form of Federal assistance authorized under this Act shall be performed in accordance with the standards applicable to comparable activity under any other provision of law, without regard to the form or type of Federal assistance provided thereunder.
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 carbon dioxide 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 qualified 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 third 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 crude and medium crude and the makeup 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)).
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 or any other enacted legislation.
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 or any other enacted legislation 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, 2020
:
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).
Subparagraph (B) of 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, 2020
:
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 calendar year 2011
each place it appears and inserting
after 2010 and before 2020
.
Clothes washers
Paragraph (2) of
section 45M(b) of such Code is amended by striking calendar year
2011
each place it appears and inserting after 2010 and before
2020
.
Refrigerators
Paragraph (2) of section 45M(b) of such
Code is amended by striking calendar year 2011
each place it
appears and inserting after 2010 and before 2020
.
Effective date
The amendments made by this section shall apply to appliances produced after December 31, 2011.
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,
2011
and inserting December 31, 2019
.
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, 2019
.
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, 2011
and inserting December 31,
2019
.
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, 2019
.
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, 2020
.
Fuel cell property
Subparagraph (D) 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,
2019
.
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,
2019
.
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, 2019
.
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, 2019
.
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, 2019
.
Extension of credit for new clean renewable energy bonds
Subsection (c) of section 54C of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
Additional annual allocations
The national new clean renewable energy bond limitation shall be increased annually by 2 percent of the deposits made into the Renewable Energy and Energy Efficiency Reserve under section 8(g)(7) of the Outer Continental Shelf Lands Act with respect to such year. Each such increase shall be allocated by the Secretary consistent with the rules of paragraphs (2) and (3).
.
Expensing of mechanical insulation property
In general
Part VI of subchapter B of chapter 1 of subtitle A of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 179E the following new section:
Mechanical insulation property
Treatment as expenses
There shall be allowed as a deduction an amount equal to the applicable percentage of the cost of mechanical insulation property placed in service during the taxable year.
Applicable percentage
For purposes of subsection (a)—
In general
The term applicable percentage means the lesser of—
30 percent, and
the excess (if any) of—
the energy savings (expressed as a percentage) obtained by placing such mechanical insulation property in service in connection with a mechanical system, over
the energy savings (expressed as a percentage) such property is required to meet by Standard 90.1–2007, developed and published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers.
Special rule relating to maintenance
In the case of mechanical insulation property placed in service as a replacement for insulation property—
paragraph (1)(B) shall be applied without regard to clause (ii) thereof, and
the cost of such property shall be treated as an expense for which a deduction is allowed under section 162 instead of being treated as depreciable for purposes of the deduction provided by section 167.
Definitions
For purposes of this section—
Mechanical insulation property
The term mechanical insulation property means insulation materials, facings, and accessory products—
placed in service in connection with a mechanical system which—
is located in the United States, and
is of a character subject to an allowance for depreciation, and
utilized for thermal, acoustical, and personnel safety requirements for mechanical piping and equipment, hot and cold applications, and heating, venting and air conditioning applications which can be used in a variety of facilities.
Cost
The cost of mechanical insulation property includes—
the amounts paid or incurred for the installation of such property,
in the case of removal and disposal of the old mechanical insulation property, 10 percent of the cost of the new mechanical insulation property (determined without regard to this subparagraph), and
expenditures for labor costs properly allocable to the preparation, assembly, and installation of mechanical insulation property.
Coordination
Section 179D
Subsection (a) shall not apply to the cost of mechanical insulation property which is taken into account under section 179D or which, but for subsection (b) of section 179D, would be taken into account under such section.
Other deductions and credits
In general
The amount of any other deduction or credit allowable under this chapter for any cost of mechanical insulation property which is taken into account under subsection (a) shall be reduced by the amount of such cost so taken into account.
Exception for certain costs
Subparagraph (A) shall not apply to any amount properly attributable to maintenance.
Allocation of deduction for tax-Exempt property
In the case of mechanical insulation property installed on or in property owned by an entity described in paragraph (3) or (4) of section 50(b), the person who is the primary contractor for the installation of such property shall be treated as the taxpayer that placed such property in service.
Certification
For purposes of this section, energy savings shall be certified under regulations or other guidance provided by the Secretary, in consultation with the Secretary of Energy.
.
Deduction for capital expenditures
Section 263(a)(1) of such Code (relating to
capital expenditures) is amended by striking or
at the end of
subparagraph (K), by striking the period at the end of paragraph (L) and
inserting , or
, and by adding at the end the following new
subparagraph:
expenditures for which a deduction is allowed under section 179F.
.
Technical and clerical amendments
Section
312(k)(3)(B) of such Code is amended by striking or 179E
each
place it appears in the text or heading thereof and inserting 179E, or
179F
.
Paragraphs (2)(C)
and (3)(C) of section 1245(a) of such Code are each amended by inserting
179F,
after 179E,
.
The table of sections for part VI of subchapter B of chapter 1 of subtitle A of such Code is amended by inserting after the item relating to section 179E the following new item:
.
Effective date
The amendments made by this section shall apply to property placed in service after the date of enactment of this Act.
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 Vehicle or New Qualified Alternative Fuel Motor Vehicle
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))) or new qualified alternative fuel motor vehicles:
10 percent for fiscal year 2014.
The applicable percentage for the preceding fiscal year increased by 2 percentage points (but not to exceed a total of 50 percent) for fiscal year 2015 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 fuel 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 2014 through 2019.
;
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 or new qualified alternative fuel motor 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 or new qualified alternative fuel motor 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)).
New qualified alternative fueled vehicle
The term new qualified alternative
fueled vehicle
means a new qualified alternative fuel motor vehicle (as
defined in section 30B(e)(4) of the Internal Revenue Code of 1986, but
determined without regard to clauses (ii) and (iii) of subparagraph (A)
thereof).
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 and alternative vehicle fuel 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 180 days from the date of the enactment of this Act, 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 50 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.
Study of development of common standards for PHEVs and EVs between the United States, Europe and Asia
In general
The Secretary of Energy 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 of Energy shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a), including any recommendations.
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 and modification of credit for fuel cell, hybrid, lean burn, and alternative fuel vehicles
Extension of credit
Subsection (k) of section 30B of the Internal Revenue Code of 1986 is amended to read as follows:
Termination
This section shall not apply to any property purchased after December 31, 2019.
.
Application to bi-fuel, duel-fuel, and flex-fuel vehicles
Bi-fuel and duel-fuel vehicles
Clause (i) of section 30B(e)(4)(A) (relating to definition of new qualified alternative fuel motor vehicle) is amended to read as follows:
which is a dedicated vehicle, a bi-fuel vehicle, or a duel-fuel vehicle,
.
Flex-fuel vehicles
Subparagraph (B) of section 30B(e)(4) is amended by
inserting or ethanol
after methanol
.
Bi-fuel and duel-fuel vehicles defined
Paragraph (5) of section 30B(e) is amended to read as follows:
Bi-fuel and duel-fuel vehicles defined
For purposes of this subsection—
Bi-fuel vehicle
The term bi-fuel vehicle
means a vehicle
which is capable of operating on—
compressed natural gas, liquified natural gas, or liquified petroleum gas, and
gasoline or diesel fuel.
Duel-fuel vehicle
The term duel-fuel vehicle
means a vehicle
which is capable of operating on a mixture of—
compressed natural gas, liquified natural gas, or liquified petroleum gas, and
gasoline or diesel fuel.
.
Application to conversions and repowers of alternative fuel vehicles
Paragraph (4) of section 30B(e) is amended by adding at the end the following new subparagraph:
Conversions and repowers
In general
The term new qualified alternative fuel motor vehicle includes the conversion or repower of a new or used vehicle so that it is capable of operating on an alternative fuel as it was not previously capable of operating on an alternative fuel.
Treatment as new
A vehicle which has been converted to operate on an alternative fuel shall be treated as new on the date of such conversion for purposes of this section.
Rule of construction
In the case of a used vehicle which is converted or repowered, nothing in this section shall be construed to require that the motor vehicle be acquired in the year the credit is claimed under this section with respect to such vehicle.
.
Repeal of number limitation on hybrids and lean-burn vehicles
Section 30B of such Code is amended by striking subsection (f).
Effective date
The amendments made by this section shall apply to property purchased 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, 2019.
.
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,
2019
.
Effective Date
The amendment made by this section shall apply to vehicles acquired after the date of the enactment of this Act.
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.
.
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, 2019.
.
Extension of Temporary Increase
Paragraph (6) of section 30C(e) is amended—
by striking
January 1, 2011
and inserting January 1, 2020
,
and
by striking
and
2010
in the heading and inserting
through
2019
.
Effective Date
The amendments made by this section shall apply to taxable years beginning after December 31, 2010.
Modification of alternative fuel credit
Alternative fuel credit
Paragraph (5) of section 6426(d) (relating to alternative
fuel credit) is amended by inserting , and December 31, 2019, in the
case of any sale or use involving compressed or liquefied natural gas or
liquified petroleum gas
after hydrogen
.
Alternative fuel mixture credit
Paragraph (3)
of section 6426(e) is amended by inserting , and December 31, 2019, in
the case of any sale or use involving compressed or liquefied natural gas or
liquified petroleum gas
after hydrogen
.
Payments relating to alternative fuel or alternative fuel mixtures
Paragraph (6) of section 6427(e) is amended—
in subparagraph (C)—
by striking
subparagraph (D)
and inserting subparagraphs (D) and
(E)
, and
by striking
and
at the end thereof,
by striking the
period at the end of subparagraph (D) and inserting , and
,
and
by inserting at the end the following:
any alternative fuel or alternative fuel mixture (as so defined) involving compressed or liquefied natural gas or liquified petroleum gas sold or used after December 31, 2016.
.
Effective date
The amendments made by this section shall apply to fuel sold or used after the date of the enactment of this Act.
Extension of credits for biodiesel and renewable diesel
In general
Sections 40A(g),
6426(c)(6), and 6427(e)(6)(B) are each amended by striking December 31,
2011
and inserting December 31, 2019
.
Effective date
The amendments made by this section shall apply to fuel produced, and sold or used, after December 31, 2011.
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.
.
Ensuring revenues are sufficient for implementation of title IV
Any programs or directives established by title IV of this Act, such as sections 401, 403, and 431, but not extensions of tax credits, shall be offset with funds in the Carbon Free Reserve account established in section 107.
Once the reserve account’s balance has funds sufficient to offset the costs of these provisions, the Secretary of Energy shall submit a plan to Congress within 180 days to begin implementation of those provisions.