[SEC. 101. ENERGY AND WATER SAVING MEASURES IN CONGRESS House Bills]
[From the U.S. Government Printing Office via GPO Access]
[Enrolled Bill]
[DOCID: f:h6enr.txt]

        H.R.6

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
            the fourth day of January, two thousand and five


                                 An Act


 
  To ensure jobs for our future with secure, affordable, and reliable 
                                 energy.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Energy Policy Act 
of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:
Sec. 1. Short title; table of contents.

                       TITLE I--ENERGY EFFICIENCY

                      Subtitle A--Federal Programs

Sec. 101. Energy and water saving measures in congressional buildings.
Sec. 102. Energy management requirements.
Sec. 103. Energy use measurement and accountability.
Sec. 104. Procurement of energy efficient products.
Sec. 105. Energy savings performance contracts.
Sec. 106. Voluntary commitments to reduce industrial energy intensity.
Sec. 107. Advanced Building Efficiency Testbed.
Sec. 108. Increased use of recovered mineral component in federally 
          funded projects involving procurement of cement or concrete.
Sec. 109. Federal building performance standards.
Sec. 110. Daylight savings.
Sec. 111. Enhancing energy efficiency in management of Federal lands.

            Subtitle B--Energy Assistance and State Programs

Sec. 121. Low-income home energy assistance program.
Sec. 122. Weatherization assistance.
Sec. 123. State energy programs.
Sec. 124. Energy efficient appliance rebate programs.
Sec. 125. Energy efficient public buildings.
Sec. 126. Low income community energy efficiency pilot program.
Sec. 127. State Technologies Advancement Collaborative.
Sec. 128. State building energy efficiency codes incentives.

                  Subtitle C--Energy Efficient Products

Sec. 131. Energy Star program.
Sec. 132. HVAC maintenance consumer education program.
Sec. 133. Public energy education program.
Sec. 134. Energy efficiency public information initiative.
Sec. 135. Energy conservation standards for additional products.
Sec. 136. Energy conservation standards for commercial equipment.
Sec. 137. Energy labeling.
Sec. 138. Intermittent escalator study.
Sec. 139. Energy efficient electric and natural gas utilities study.
Sec. 140. Energy efficiency pilot program.
Sec. 141. Report on failure to comply with deadlines for new or revised 
          energy 
          conservation standards.

                       Subtitle D--Public Housing

Sec. 151. Public housing capital fund.
Sec. 152. Energy-efficient appliances.
Sec. 153. Energy efficiency standards.
Sec. 154. Energy strategy for HUD.

                       TITLE II--RENEWABLE ENERGY

                     Subtitle A--General Provisions

Sec. 201. Assessment of renewable energy resources.
Sec. 202. Renewable energy production incentive.
Sec. 203. Federal purchase requirement.
Sec. 204. Use of photovoltaic energy in public buildings.
Sec. 205. Biobased products.
Sec. 206. Renewable energy security.
Sec. 207. Installation of photovoltaic system.
Sec. 208. Sugar cane ethanol program.
Sec. 209. Rural and remote community electrification grants.
Sec. 210. Grants to improve the commercial value of forest biomass for 
          electric energy, useful heat, transportation fuels, and other 
          commercial purposes.
Sec. 211. Sense of Congress regarding generation capacity of electricity 
          from renewable energy resources on public lands.

                      Subtitle B--Geothermal Energy

Sec. 221. Short title.
Sec. 222. Competitive lease sale requirements.
Sec. 223. Direct use.
Sec. 224. Royalties and near-term production incentives.
Sec. 225. Coordination of geothermal leasing and permitting on Federal 
          lands.
Sec. 226. Assessment of geothermal energy potential.
Sec. 227. Cooperative or unit plans.
Sec. 228. Royalty on byproducts.
Sec. 229. Authorities of Secretary to readjust terms, conditions, 
          rentals, and royalties.
Sec. 230. Crediting of rental toward royalty.
Sec. 231. Lease duration and work commitment requirements.
Sec. 232. Advanced royalties required for cessation of production.
Sec. 233. Annual rental.
Sec. 234. Deposit and use of geothermal lease revenues for 5 fiscal 
          years.
Sec. 235. Acreage limitations.
Sec. 236. Technical amendments.
Sec. 237. Intermountain West Geothermal Consortium.

                        Subtitle C--Hydroelectric

Sec. 241. Alternative conditions and fishways.
Sec. 242. Hydroelectric production incentives.
Sec. 243. Hydroelectric efficiency improvement.
Sec. 244. Alaska State jurisdiction over small hydroelectric projects.
Sec. 245. Flint Creek hydroelectric project.
Sec. 246. Small hydroelectric power projects.

                       Subtitle D--Insular Energy

Sec. 251. Insular areas energy security.
Sec. 252. Projects enhancing insular energy independence.

                         TITLE III--OIL AND GAS

           Subtitle A--Petroleum Reserve and Home Heating Oil

Sec. 301. Permanent authority to operate the Strategic Petroleum Reserve 
          and other energy programs.
Sec. 302. National Oilheat Research Alliance.
Sec. 303. Site selection.

                         Subtitle B--Natural Gas

Sec. 311. Exportation or importation of natural gas.
Sec. 312. New natural gas storage facilities.
Sec. 313. Process coordination; hearings; rules of procedure.
Sec. 314. Penalties.
Sec. 315. Market manipulation.
Sec. 316. Natural gas market transparency rules.
Sec. 317. Federal-State liquefied natural gas forums.
Sec. 318. Prohibition of trading and serving by certain individuals.

                         Subtitle C--Production

Sec. 321. Outer Continental Shelf provisions.
Sec. 322. Hydraulic fracturing.
Sec. 323. Oil and gas exploration and production defined.

                   Subtitle D--Naval Petroleum Reserve

Sec. 331. Transfer of administrative jurisdiction and environmental 
          remediation, Naval Petroleum Reserve Numbered 2, Kern County, 
          California.
Sec. 332. Naval Petroleum Reserve Numbered 2 Lease Revenue Account.
Sec. 333. Land conveyance, portion of Naval Petroleum Reserve Numbered 
          2, to City of Taft, California.
Sec. 334. Revocation of land withdrawal.

                    Subtitle E--Production Incentives

Sec. 341. Definition of Secretary.
Sec. 342. Program on oil and gas royalties in-kind.
Sec. 343. Marginal property production incentives.
Sec. 344. Incentives for natural gas production from deep wells in the 
          shallow waters of the Gulf of Mexico.
Sec. 345. Royalty relief for deep water production.
Sec. 346. Alaska offshore royalty suspension.
Sec. 347. Oil and gas leasing in the National Petroleum Reserve in 
          Alaska.
Sec. 348. North Slope Science Initiative.
Sec. 349. Orphaned, abandoned, or idled wells on Federal land.
Sec. 350. Combined hydrocarbon leasing.
Sec. 351. Preservation of geological and geophysical data.
Sec. 352. Oil and gas lease acreage limitations.
Sec. 353. Gas hydrate production incentive.
Sec. 354. Enhanced oil and natural gas production through carbon dioxide 
          injection.
Sec. 355. Assessment of dependence of State of Hawaii on oil.
Sec. 356. Denali Commission.
Sec. 357. Comprehensive inventory of OCS oil and natural gas resources.

                   Subtitle F--Access to Federal Lands

Sec. 361. Federal onshore oil and gas leasing and permitting practices.
Sec. 362. Management of Federal oil and gas leasing programs.
Sec. 363. Consultation regarding oil and gas leasing on public land.
Sec. 364. Estimates of oil and gas resources underlying onshore Federal 
          land.
Sec. 365. Pilot project to improve Federal permit coordination.
Sec. 366. Deadline for consideration of applications for permits.
Sec. 367. Fair market value determinations for linear rights-of-way 
          across public lands and National Forests.
Sec. 368. Energy right-of-way corridors on Federal land.
Sec. 369. Oil shale, tar sands, and other strategic unconventional 
          fuels.
Sec. 370. Finger Lakes withdrawal.
Sec. 371. Reinstatement of leases.
Sec. 372. Consultation regarding energy rights-of-way on public land.
Sec. 373. Sense of Congress regarding development of minerals under 
          Padre Island National Seashore.
Sec. 374. Livingston Parish mineral rights transfer.

                        Subtitle G--Miscellaneous

Sec. 381. Deadline for decision on appeals of consistency determination 
          under the Coastal Zone Management Act of 1972.
Sec. 382. Appeals relating to offshore mineral development.
Sec. 383. Royalty payments under leases under the Outer Continental 
          Shelf Lands Act.
Sec. 384. Coastal impact assistance program.
Sec. 385. Study of availability of skilled workers.
Sec. 386. Great Lakes oil and gas drilling ban.
Sec. 387. Federal coalbed methane regulation.
Sec. 388. Alternate energy-related uses on the Outer Continental Shelf.
Sec. 389. Oil Spill Recovery Institute.
Sec. 390. NEPA review.

                   Subtitle H--Refinery Revitalization

Sec. 391. Findings and definitions.
Sec. 392. Federal-State regulatory coordination and assistance.

                             TITLE IV--COAL

                 Subtitle A--Clean Coal Power Initiative

Sec. 401. Authorization of appropriations.
Sec. 402. Project criteria.
Sec. 403. Report.
Sec. 404. Clean coal centers of excellence.

                    Subtitle B--Clean Power Projects

Sec. 411. Integrated coal/renewable energy system.
Sec. 412. Loan to place Alaska clean coal technology facility in 
          service.
Sec. 413. Western integrated coal gasification demonstration project.
Sec. 414. Coal gasification.
Sec. 415. Petroleum coke gasification.
Sec. 416. Electron scrubbing demonstration.
Sec. 417. Department of Energy transportation fuels from Illinois basin 
          coal.

                  Subtitle C--Coal and Related Programs

Sec. 421. Amendment of the Energy Policy Act of 1992.

                     Subtitle D--Federal Coal Leases

Sec. 431. Short title.
Sec. 432. Repeal of the 160-acre limitation for coal leases.
Sec. 433. Approval of logical mining units.
Sec. 434. Payment of advance royalties under coal leases.
Sec. 435. Elimination of deadline for submission of coal lease operation 
          and reclamation plan.
Sec. 436. Amendment relating to financial assurances with respect to 
          bonus bids.
Sec. 437. Inventory requirement.
Sec. 438. Application of amendments.

                         TITLE V--INDIAN ENERGY

Sec. 501. Short title.
Sec. 502. Office of Indian Energy Policy and Programs.
Sec. 503. Indian energy.
Sec. 504. Consultation with Indian tribes.
Sec. 505. Four Corners transmission line project and electrification.
Sec. 506. Energy efficiency in federally assisted housing.

                        TITLE VI--NUCLEAR MATTERS

                Subtitle A--Price-Anderson Act Amendments

Sec. 601. Short title.
Sec. 602. Extension of indemnification authority.
Sec. 603. Maximum assessment.
Sec. 604. Department liability limit.
Sec. 605. Incidents outside the United States.
Sec. 606. Reports.
Sec. 607. Inflation adjustment.
Sec. 608. Treatment of modular reactors.
Sec. 609. Applicability.
Sec. 610. Civil penalties.

                   Subtitle B--General Nuclear Matters

Sec. 621. Licenses.
Sec. 622. Nuclear Regulatory Commission scholarship and fellowship 
          program.
Sec. 623. Cost recovery from Government agencies.
Sec. 624. Elimination of pension offset for certain rehired Federal 
          retirees.
Sec. 625. Antitrust review.
Sec. 626. Decommissioning.
Sec. 627. Limitation on legal fee reimbursement.
Sec. 628. Decommissioning pilot program.
Sec. 629. Whistleblower protection.
Sec. 630. Medical isotope production.
Sec. 631. Safe disposal of greater-than-Class C radioactive waste.
Sec. 632. Prohibition on nuclear exports to countries that sponsor 
          terrorism.
Sec. 633. Employee benefits.
Sec. 634. Demonstration hydrogen production at existing nuclear power 
          plants.
Sec. 635. Prohibition on assumption by United States Government of 
          liability for certain foreign incidents.
Sec. 636. Authorization of appropriations.
Sec. 637. Nuclear Regulatory Commission user fees and annual charges.
Sec. 638. Standby support for certain nuclear plant delays.
Sec. 639. Conflicts of interest relating to contracts and other 
          arrangements.

            Subtitle C--Next Generation Nuclear Plant Project

Sec. 641. Project establishment.
Sec. 642. Project management.
Sec. 643. Project organization.
Sec. 644. Nuclear Regulatory Commission.
Sec. 645. Project timelines and authorization of appropriations.

                      Subtitle D--Nuclear Security

Sec. 651. Nuclear facility and materials security.
Sec. 652. Fingerprinting and criminal history record checks.
Sec. 653. Use of firearms by security personnel.
Sec. 654. Unauthorized introduction of dangerous weapons.
Sec. 655. Sabotage of nuclear facilities, fuel, or designated material.
Sec. 656. Secure transfer of nuclear materials.
Sec. 657. Department of Homeland Security consultation.

                      TITLE VII--VEHICLES AND FUELS

                      Subtitle A--Existing Programs

Sec. 701. Use of alternative fuels by dual fueled vehicles.
Sec. 702. Incremental cost allocation.
Sec. 703. Alternative compliance and flexibility.
Sec. 704. Review of Energy Policy Act of 1992 programs.
Sec. 705. Report concerning compliance with alternative fueled vehicle 
          purchasing requirements.
Sec. 706. Joint flexible fuel/hybrid vehicle commercialization 
          initiative.
Sec. 707. Emergency exemption.

   Subtitle B--Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses

                         Part 1--Hybrid Vehicles

Sec. 711. Hybrid vehicles.
Sec. 712. Efficient hybrid and advanced diesel vehicles.

                        Part 2--Advanced Vehicles

Sec. 721. Pilot program.
Sec. 722. Reports to Congress.
Sec. 723. Authorization of appropriations.

                         Part 3--Fuel Cell Buses

Sec. 731. Fuel cell transit bus demonstration.

                     Subtitle C--Clean School Buses

Sec. 741. Clean school bus program.
Sec. 742. Diesel truck retrofit and fleet modernization program.
Sec. 743. Fuel cell school buses.

                        Subtitle D--Miscellaneous

Sec. 751. Railroad efficiency.
Sec. 752. Mobile emission reductions trading and crediting.
Sec. 753. Aviation fuel conservation and emissions.
Sec. 754. Diesel fueled vehicles.
Sec. 755. Conserve by Bicycling Program.
Sec. 756. Reduction of engine idling.
Sec. 757. Biodiesel engine testing program.
Sec. 758. Ultra-efficient engine technology for aircraft.
Sec. 759. Fuel economy incentive requirements.

                    Subtitle E--Automobile Efficiency

Sec. 771. Authorization of appropriations for implementation and 
          enforcement of fuel economy standards.
Sec. 772. Extension of maximum fuel economy increase for alternative 
          fueled vehicles.
Sec. 773. Study of feasibility and effects of reducing use of fuel for 
          automobiles.
Sec. 774. Update testing procedures.

                Subtitle F--Federal and State Procurement

Sec. 781. Definitions.
Sec. 782. Federal and State procurement of fuel cell vehicles and 
          hydrogen energy systems.
Sec. 783. Federal procurement of stationary, portable, and micro fuel 
          cells.

                 Subtitle G--Diesel Emissions Reduction

Sec. 791. Definitions.
Sec. 792. National grant and loan programs.
Sec. 793. State grant and loan programs.
Sec. 794. Evaluation and report.
Sec. 795. Outreach and incentives.
Sec. 796. Effect of subtitle.
Sec. 797. Authorization of appropriations.

                          TITLE VIII--HYDROGEN

Sec. 801. Hydrogen and fuel cell program.
Sec. 802. Purposes.
Sec. 803. Definitions.
Sec. 804. Plan.
Sec. 805. Programs.
Sec. 806. Hydrogen and Fuel Cell Technical Task Force.
Sec. 807. Technical Advisory Committee.
Sec. 808. Demonstration.
Sec. 809. Codes and standards.
Sec. 810. Disclosure.
Sec. 811. Reports.
Sec. 812. Solar and wind technologies.
Sec. 813. Technology transfer.
Sec. 814. Miscellaneous provisions.
Sec. 815. Cost sharing.
Sec. 816. Savings clause.

                   TITLE IX--RESEARCH AND DEVELOPMENT

Sec. 901. Short title.
Sec. 902. Goals.
Sec. 903. Definitions.

                      Subtitle A--Energy Efficiency

Sec. 911. Energy efficiency.
Sec. 912. Next Generation Lighting Initiative.
Sec. 913. National Building Performance Initiative.
Sec. 914. Building standards.
Sec. 915. Secondary electric vehicle battery use program.
Sec. 916. Energy Efficiency Science Initiative.
Sec. 917. Advanced Energy Efficiency Technology Transfer Centers.

       Subtitle B--Distributed Energy and Electric Energy Systems

Sec. 921. Distributed energy and electric energy systems.
Sec. 922. High power density industry program.
Sec. 923. Micro-cogeneration energy technology.
Sec. 924. Distributed energy technology demonstration programs.
Sec. 925. Electric transmission and distribution programs.

                      Subtitle C--Renewable Energy

Sec. 931. Renewable energy.
Sec. 932. Bioenergy program.
Sec. 933. Low-cost renewable hydrogen and infrastructure for vehicle 
          propulsion.
Sec. 934. Concentrating solar power research program.
Sec. 935. Renewable energy in public buildings.

   Subtitle D--Agricultural Biomass Research and Development Programs

Sec. 941. Amendments to the Biomass Research and Development Act of 
          2000.
Sec. 942. Production incentives for cellulosic biofuels.
Sec. 943. Procurement of biobased products.
Sec. 944. Small business bioproduct marketing and certification grants.
Sec. 945. Regional bioeconomy development grants.
Sec. 946. Preprocessing and harvesting demonstration grants.
Sec. 947. Education and outreach.
Sec. 948. Reports.

                       Subtitle E--Nuclear Energy

Sec. 951. Nuclear energy.
Sec. 952. Nuclear energy research programs.
Sec. 953. Advanced fuel cycle initiative.
Sec. 954. University nuclear science and engineering support.
Sec. 955. Department of Energy civilian nuclear infrastructure and 
          facilities.
Sec. 956. Security of nuclear facilities.
Sec. 957. Alternatives to industrial radioactive sources.

                        Subtitle F--Fossil Energy

Sec. 961. Fossil energy.
Sec. 962. Coal and related technologies program.
Sec. 963. Carbon capture research and development program.
Sec. 964. Research and development for coal mining technologies.
Sec. 965. Oil and gas research programs.
Sec. 966. Low-volume oil and gas reservoir research program.
Sec. 967. Complex well technology testing facility.
Sec. 968. Methane hydrate research.

                           Subtitle G--Science

Sec. 971. Science.
Sec. 972. Fusion energy sciences program.
Sec. 973. Catalysis research program.
Sec. 974. Hydrogen.
Sec. 975. Solid state lighting.
Sec. 976. Advanced scientific computing for energy missions.
Sec. 977. Systems biology program.
Sec. 978. Fission and fusion energy materials research program.
Sec. 979. Energy and water supplies.
Sec. 980. Spallation Neutron Source.
Sec. 981. Rare isotope accelerator.
Sec. 982. Office of Scientific and Technical Information.
Sec. 983. Science and engineering education pilot program.
Sec. 984. Energy research fellowships.
Sec. 984A. Science and technology scholarship program.

                  Subtitle H--International Cooperation

Sec. 985. Western Hemisphere energy cooperation.
Sec. 986. Cooperation between United States and Israel.
Sec. 986A. International energy training.

           Subtitle I--Research Administration and Operations

Sec. 987. Availability of funds.
Sec. 988. Cost sharing.
Sec. 989. Merit review of proposals.
Sec. 990. External technical review of Departmental programs.
Sec. 991. National Laboratory designation.
Sec. 992. Report on equal employment opportunity practices.
Sec. 993. Strategy and plan for science and energy facilities and 
          infrastructure.
Sec. 994. Strategic research portfolio analysis and coordination plan.
Sec. 995. Competitive award of management contracts.
Sec. 996. Western Michigan demonstration project.
Sec. 997. Arctic Engineering Research Center.
Sec. 998. Barrow Geophysical Research Facility.

  Subtitle J--Ultra-Deepwater and Unconventional Natural Gas and Other 
                           Petroleum Resources

Sec. 999A. Program authority.
Sec. 999B. Ultra-deepwater and unconventional onshore natural gas and 
          other petroleum research and development program.
Sec. 999C. Additional requirements for awards.
Sec. 999D. Advisory committees.
Sec. 999E. Limits on participation.
Sec. 999F. Sunset.
Sec. 999G. Definitions.
Sec. 999H. Funding.

                TITLE X--DEPARTMENT OF ENERGY MANAGEMENT

Sec. 1001. Improved technology transfer of energy technologies.
Sec. 1002. Technology Infrastructure Program.
Sec. 1003. Small business advocacy and assistance.
Sec. 1004. Outreach.
Sec. 1005. Relationship to other laws.
Sec. 1006. Improved coordination and management of civilian science and 
          technology programs.
Sec. 1007. Other transactions authority.
Sec. 1008. Prizes for achievement in grand challenges of science and 
          technology.
Sec. 1009. Technical corrections.
Sec. 1010. University collaboration.
Sec. 1011. Sense of Congress.

                    TITLE XI--PERSONNEL AND TRAINING

Sec. 1101. Workforce trends and traineeship grants.
Sec. 1102. Educational programs in science and mathematics.
Sec. 1103. Training guidelines for nonnuclear electric energy industry 
          personnel.
Sec. 1104. National Center for Energy Management and Building 
          Technologies.
Sec. 1105. Improved access to energy-related scientific and technical 
          careers.
Sec. 1106. National Power Plant Operations Technology and Educational 
          Center.

                         TITLE XII--ELECTRICITY

Sec. 1201. Short title.

                    Subtitle A--Reliability Standards

Sec. 1211. Electric reliability standards.

          Subtitle B--Transmission Infrastructure Modernization

Sec. 1221. Siting of interstate electric transmission facilities.
Sec. 1222. Third-party finance.
Sec. 1223. Advanced transmission technologies.
Sec. 1224. Advanced Power System Technology Incentive Program.

             Subtitle C--Transmission Operation Improvements

Sec. 1231. Open nondiscriminatory access.
Sec. 1232. Federal utility participation in Transmission Organizations.
Sec. 1233. Native load service obligation.
Sec. 1234. Study on the benefits of economic dispatch.
Sec. 1235. Protection of transmission contracts in the Pacific 
          Northwest.
Sec. 1236. Sense of Congress regarding locational installed capacity 
          mechanism.

                  Subtitle D--Transmission Rate Reform

Sec. 1241. Transmission infrastructure investment.
Sec. 1242. Funding new interconnection and transmission upgrades.

                     Subtitle E--Amendments to PURPA

Sec. 1251. Net metering and additional standards.
Sec. 1252. Smart metering.
Sec. 1253. Cogeneration and small power production purchase and sale 
          requirements.
Sec. 1254. Interconnection.

                       Subtitle F--Repeal of PUHCA

Sec. 1261. Short title.
Sec. 1262. Definitions.
Sec. 1263. Repeal of the Public Utility Holding Company Act of 1935.
Sec. 1264. Federal access to books and records.
Sec. 1265. State access to books and records.
Sec. 1266. Exemption authority.
Sec. 1267. Affiliate transactions.
Sec. 1268. Applicability.
Sec. 1269. Effect on other regulations.
Sec. 1270. Enforcement.
Sec. 1271. Savings provisions.
Sec. 1272. Implementation.
Sec. 1273. Transfer of resources.
Sec. 1274. Effective date.
Sec. 1275. Service allocation.
Sec. 1276. Authorization of appropriations.
Sec. 1277. Conforming amendments to the Federal Power Act.

  Subtitle G--Market Transparency, Enforcement, and Consumer Protection

Sec. 1281. Electricity market transparency.
Sec. 1282. False statements.
Sec. 1283. Market manipulation.
Sec. 1284. Enforcement.
Sec. 1285. Refund effective date.
Sec. 1286. Refund authority.
Sec. 1287. Consumer privacy and unfair trade practices.
Sec. 1288. Authority of court to prohibit individuals from serving as 
          officers, directors, and energy traders.
Sec. 1289. Merger review reform.
Sec. 1290. Relief for extraordinary violations.

                         Subtitle H--Definitions

Sec. 1291. Definitions.

             Subtitle I--Technical and Conforming Amendments

Sec. 1295. Conforming amendments.

                      Subtitle J--Economic Dispatch

Sec. 1298. Economic dispatch.

                TITLE XIII--ENERGY POLICY TAX INCENTIVES

Sec. 1300. Short title; amendment to 1986 Code.

                 Subtitle A--Electricity Infrastructure

Sec. 1301. Extension and modification of renewable electricity 
          production credit.
Sec. 1302. Application of section 45 credit to agricultural 
          cooperatives.
Sec. 1303. Clean renewable energy bonds.
Sec. 1304. Treatment of income of certain electric cooperatives.
Sec. 1305. Dispositions of transmission property to implement FERC 
          restructuring policy.
Sec. 1306. Credit for production from advanced nuclear power facilities.
Sec. 1307. Credit for investment in clean coal facilities.
Sec. 1308. Electric transmission property treated as 15-year property.
Sec. 1309. Expansion of amortization for certain atmospheric pollution 
          control facilities in connection with plants first placed in 
          service after 1975.
Sec. 1310. Modifications to special rules for nuclear decommissioning 
          costs.
Sec. 1311. Five-year net operating loss carryover for certain losses.

                Subtitle B--Domestic Fossil Fuel Security

Sec. 1321. Extension of credit for producing fuel from a nonconventional 
          source for facilities producing coke or coke gas.
Sec. 1322. Modification of credit for producing fuel from a 
          nonconventional source.
Sec. 1323. Temporary expensing for equipment used in refining of liquid 
          fuels.
Sec. 1324. Pass through to owners of deduction for capital costs 
          incurred by small refiner cooperatives in complying with 
          Environmental Protection Agency sulfur regulations.
Sec. 1325. Natural gas distribution lines treated as 15-year property.
Sec. 1326. Natural gas gathering lines treated as 7-year property.
Sec. 1327. Arbitrage rules not to apply to prepayments for natural gas.
Sec. 1328. Determination of small refiner exception to oil depletion 
          deduction.
Sec. 1329. Amortization of geological and geophysical expenditures.

        Subtitle C--Conservation and Energy Efficiency Provisions

Sec. 1331. Energy efficient commercial buildings deduction.
Sec. 1332. Credit for construction of new energy efficient homes.
Sec. 1333. Credit for certain nonbusiness energy property.
Sec. 1334. Credit for energy efficient appliances.
Sec. 1335. Credit for residential energy efficient property.
Sec. 1336. Credit for business installation of qualified fuel cells and 
          stationary microturbine power plants.
Sec. 1337. Business solar investment tax credit.

       Subtitle D--Alternative Motor Vehicles and Fuels Incentives

Sec. 1341. Alternative motor vehicle credit.
Sec. 1342. Credit for installation of alternative fueling stations.
Sec. 1343. Reduced motor fuel excise tax on certain mixtures of diesel 
          fuel.
Sec. 1344. Extension of excise tax provisions and income tax credit for 
          biodiesel.
Sec. 1345. Small agri-biodiesel producer credit.
Sec. 1346. Renewable diesel.
Sec. 1347. Modification of small ethanol producer credit.
Sec. 1348. Sunset of deduction for clean-fuel vehicles and certain 
          refueling property.

              Subtitle E--Additional Energy Tax Incentives

Sec. 1351. Expansion of research credit.
Sec. 1352. National Academy of Sciences study and report.
Sec. 1353. Recycling study.

                 Subtitle F--Revenue Raising Provisions

Sec. 1361. Oil Spill Liability Trust Fund financing rate.
Sec. 1362. Extension of Leaking Underground Storage Tank Trust Fund 
          financing rate.
Sec. 1363. Modification of recapture rules for amortizable section 197 
          intangibles.
Sec. 1364. Clarification of tire excise tax.

                        TITLE XIV--MISCELLANEOUS

                         Subtitle A--In General

Sec. 1401. Sense of Congress on risk assessments.
Sec. 1402. Energy production incentives.
Sec. 1403. Regulation of certain oil used in transformers.
Sec. 1404. Petrochemical and oil refinery facility health assessment.
Sec. 1405. National Priority Project Designation.
Sec. 1406. Cold cracking.
Sec. 1407. Oxygen-fuel.

                      Subtitle B--Set America Free

Sec. 1421. Short title.
Sec. 1422. Purpose.
Sec. 1423. United States Commission on North American Energy Freedom.
Sec. 1424. North American energy freedom policy.

                    TITLE XV--ETHANOL AND MOTOR FUELS

                     Subtitle A--General Provisions

Sec. 1501. Renewable content of gasoline.
Sec. 1502. Findings.
Sec. 1503. Claims filed after enactment.
Sec. 1504. Elimination of oxygen content requirement for reformulated 
          gasoline.
Sec. 1505. Public health and environmental impacts of fuels and fuel 
          additives.
Sec. 1506. Analyses of motor vehicle fuel changes.
Sec. 1507. Additional opt-in areas under reformulated gasoline program.
Sec. 1508. Data collection.
Sec. 1509. Fuel system requirements harmonization study.
Sec. 1510. Commercial byproducts from municipal solid waste and 
          cellulosic biomass loan guarantee program.
Sec. 1511. Renewable fuel.
Sec. 1512. Conversion assistance for cellulosic biomass, waste-derived 
          ethanol, approved renewable fuels.
Sec. 1513. Blending of compliant reformulated gasolines.
Sec. 1514. Advanced biofuel technologies program.
Sec. 1515. Waste-derived ethanol and biodiesel.
Sec. 1516. Sugar ethanol loan guarantee program.

             Subtitle B--Underground Storage Tank Compliance

Sec. 1521. Short title.
Sec. 1522. Leaking underground storage tanks.
Sec. 1523. Inspection of underground storage tanks.
Sec. 1524. Operator training.
Sec. 1525. Remediation from oxygenated fuel additives.
Sec. 1526. Release prevention, compliance, and enforcement.
Sec. 1527. Delivery prohibition.
Sec. 1528. Federal facilities.
Sec. 1529. Tanks on tribal lands.
Sec. 1530. Additional measures to protect groundwater.
Sec. 1531. Authorization of appropriations.
Sec. 1532. Conforming amendments.
Sec. 1533. Technical amendments.

                       Subtitle C--Boutique Fuels

Sec. 1541. Reducing the proliferation of boutique fuels.

                        TITLE XVI--CLIMATE CHANGE

        Subtitle A--National Climate Change Technology Deployment

Sec. 1601. Greenhouse gas intensity reducing technology strategies.

Subtitle B--Climate Change Technology Deployment in Developing Countries

Sec. 1611. Climate change technology deployment in developing countries.

           TITLE XVII--INCENTIVES FOR INNOVATIVE TECHNOLOGIES

Sec. 1701. Definitions.
Sec. 1702. Terms and conditions.
Sec. 1703. Eligible projects.
Sec. 1704. Authorization of appropriations.

                          TITLE XVIII--STUDIES

Sec. 1801. Study on inventory of petroleum and natural gas storage.
Sec. 1802. Study of energy efficiency standards.
Sec. 1803. Telecommuting study.
Sec. 1804. LIHEAP Report.
Sec. 1805. Oil bypass filtration technology.
Sec. 1806. Total integrated thermal systems.
Sec. 1807. Report on energy integration with Latin America.
Sec. 1808. Low-volume gas reservoir study.
Sec. 1809. Investigation of gasoline prices.
Sec. 1810. Alaska natural gas pipeline.
Sec. 1811. Coal bed methane study.
Sec. 1812. Backup fuel capability study.
Sec. 1813. Indian land rights-of-way.
Sec. 1814. Mobility of scientific and technical personnel.
Sec. 1815. Interagency review of competition in the wholesale and retail 
          markets for electric energy.
Sec. 1816. Study of rapid electrical grid restoration.
Sec. 1817. Study of distributed generation.
Sec. 1818. Natural gas supply shortage report.
Sec. 1819. Hydrogen participation study.
Sec. 1820. Overall employment in a hydrogen economy.
Sec. 1821. Study of best management practices for energy research and 
          development programs.
Sec. 1822. Effect of electrical contaminants on reliability of energy 
          production systems.
Sec. 1823. Alternative fuels reports.
Sec. 1824. Final action on refunds for excessive charges.
Sec. 1825. Fuel cell and hydrogen technology study.
Sec. 1826. Passive solar technologies.
Sec. 1827. Study of link between energy security and increases in 
          vehicle miles traveled.
Sec. 1828. Science study on cumulative impacts of multiple offshore 
          liquefied natural gas facilities.
Sec. 1829. Energy and water saving measures in congressional buildings.
Sec. 1830. Study of availability of skilled workers.
Sec. 1831. Review of Energy Policy Act of 1992 programs.
Sec. 1832. Study on the benefits of economic dispatch.
Sec. 1833. Renewable energy on Federal land.
Sec. 1834. Increased hydroelectric generation at existing Federal 
          facilities.
Sec. 1835. Split-estate Federal oil and gas leasing and development 
          practices.
Sec. 1836. Resolution of Federal resource development conflicts in the 
          Powder River Basin.
Sec. 1837. National security review of international energy 
          requirements.
Sec. 1838. Used oil re-refining study.
Sec. 1839. Transmission system monitoring.
Sec. 1840. Report identifying and describing the status of potential 
          hydropower facilities.

SEC. 2. DEFINITIONS.

    Except as otherwise provided, in this Act:
        (1) Department.--The term ``Department'' means the Department 
    of Energy.
        (2) Institution of higher education.--
            (A) In general.--The term ``institution of higher 
        education'' has the meaning given the term in section 101(a) of 
        the Higher Education Act of 1065 (20 U.S.C. 1001(a)).
            (B) Inclusion.--The term ``institution of higher 
        education'' includes an organization that--
                (i) is organized, and at all times thereafter operated, 
            exclusively for the benefit of, to perform the functions 
            of, or to carry out the functions of one or more 
            organizations referred to in subparagraph (A); and
                (ii) is operated, supervised, or controlled by or in 
            connection with one or more of those organizations.
        (3) National laboratory.--The term ``National Laboratory'' 
    means any of the following laboratories owned by the Department:
            (A) Ames Laboratory.
            (B) Argonne National Laboratory.
            (C) Brookhaven National Laboratory.
            (D) Fermi National Accelerator Laboratory.
            (E) Idaho National Laboratory.
            (F) Lawrence Berkeley National Laboratory.
            (G) Lawrence Livermore National Laboratory.
            (H) Los Alamos National Laboratory.
            (I) National Energy Technology Laboratory.
            (J) National Renewable Energy Laboratory.
            (K) Oak Ridge National Laboratory.
            (L) Pacific Northwest National Laboratory.
            (M) Princeton Plasma Physics Laboratory.
            (N) Sandia National Laboratories.
            (O) Savannah River National Laboratory.
            (P) Stanford Linear Accelerator Center.
            (Q) Thomas Jefferson National Accelerator Facility.
        (4) Secretary.--The term ``Secretary'' means the Secretary of 
    Energy.
        (5) Small business concern.--The term ``small business 
    concern'' has the meaning given the term in section 3 of the Small 
    Business Act (15 U.S.C. 632).

                       TITLE I--ENERGY EFFICIENCY
                      Subtitle A--Federal Programs

SEC. 101. ENERGY AND WATER SAVING MEASURES IN CONGRESSIONAL BUILDINGS.

    (a) In General.--Part 3 of title V of the National Energy 
Conservation Policy Act (42 U.S.C. 8251 et seq.) is amended by adding 
at the end the following:

``SEC. 552. ENERGY AND WATER SAVINGS MEASURES IN CONGRESSIONAL 
              BUILDINGS.

    ``(a) In General.--The Architect of the Capitol--
        ``(1) shall develop, update, and implement a cost-effective 
    energy conservation and management plan (referred to in this 
    section as the `plan') for all facilities administered by Congress 
    (referred to in this section as `congressional buildings') to meet 
    the energy performance requirements for Federal buildings 
    established under section 543(a)(1); and
        ``(2) shall submit the plan to Congress, not later than 180 
    days after the date of enactment of this section.
    ``(b) Plan Requirements.--The plan shall include--
        ``(1) a description of the life cycle cost analysis used to 
    determine the cost-effectiveness of proposed energy efficiency 
    projects;
        ``(2) a schedule of energy surveys to ensure complete surveys 
    of all congressional buildings every 5 years to determine the cost 
    and payback period of energy and water conservation measures;
        ``(3) a strategy for installation of life cycle cost-effective 
    energy and water conservation measures;
        ``(4) the results of a study of the costs and benefits of 
    installation of submetering in congressional buildings; and
        ``(5) information packages and `how-to' guides for each Member 
    and employing authority of Congress that detail simple, cost-
    effective methods to save energy and taxpayer dollars in the 
    workplace.
    ``(c) Annual Report.--The Architect of the Capitol shall submit to 
Congress annually a report on congressional energy management and 
conservation programs required under this section that describes in 
detail--
        ``(1) energy expenditures and savings estimates for each 
    facility;
        ``(2) energy management and conservation projects; and
        ``(3) future priorities to ensure compliance with this 
    section.''.
    (b) Table of Contents Amendment.--The table of contents of the 
National Energy Conservation Policy Act is amended by adding at the end 
of the items relating to part 3 of title V the following new item:

``Sec. 552. Energy and water savings measures in congressional 
          buildings.''.

    (c) Repeal.--Section 310 of the Legislative Branch Appropriations 
Act, 1999 (2 U.S.C. 1815), is repealed.

SEC. 102. ENERGY MANAGEMENT REQUIREMENTS.

    (a) Energy Reduction Goals.--
        (1) Amendment.--Section 543(a)(1) of the National Energy 
    Conservation Policy Act (42 U.S.C. 8253(a)(1)) is amended by 
    striking ``its Federal buildings so that'' and all that follows 
    through the end and inserting ``the Federal buildings of the agency 
    (including each industrial or laboratory facility) so that the 
    energy consumption per gross square foot of the Federal buildings 
    of the agency in fiscal years 2006 through 2015 is reduced, as 
    compared with the energy consumption per gross square foot of the 
    Federal buildings of the agency in fiscal year 2003, by the 
    percentage specified in the following table:

      ``Fiscal Year
                                                    Percentage reduction
            2006..............................................
                                                                     2  
            2007..............................................
                                                                     4  
            2008..............................................
                                                                     6  
            2009..............................................
                                                                     8  
            2010..............................................
                                                                    10  
            2011..............................................
                                                                    12  
            2012..............................................
                                                                    14  
            2013..............................................
                                                                    16  
            2014..............................................
                                                                    18  
            2015..............................................
                                                                  20.''.

        (2) Reporting baseline.--The energy reduction goals and 
    baseline established in paragraph (1) of section 543(a) of the 
    National Energy Conservation Policy Act (42 U.S.C. 8253(a)(1)), as 
    amended by this subsection, supersede all previous goals and 
    baselines under such paragraph, and related reporting requirements.
    (b) Review and Revision of Energy Performance Requirement.--Section 
543(a) of the National Energy Conservation Policy Act (42 U.S.C. 
8253(a)) is further amended by adding at the end the following:
    ``(3) Not later than December 31, 2014, the Secretary shall review 
the results of the implementation of the energy performance requirement 
established under paragraph (1) and submit to Congress recommendations 
concerning energy performance requirements for fiscal years 2016 
through 2025.''.
    (c) Exclusions.--Section 543(c)(1) of the National Energy 
Conservation Policy Act (42 U.S.C. 8253(c)(1)) is amended by striking 
``An agency may exclude'' and all that follows through the end and 
inserting ``(A) An agency may exclude, from the energy performance 
requirement for a fiscal year established under subsection (a) and the 
energy management requirement established under subsection (b), any 
Federal building or collection of Federal buildings, if the head of the 
agency finds that--
        ``(i) compliance with those requirements would be 
    impracticable;
        ``(ii) the agency has completed and submitted all federally 
    required energy management reports;
        ``(iii) the agency has achieved compliance with the energy 
    efficiency requirements of this Act, the Energy Policy Act of 1992, 
    Executive orders, and other Federal law; and
        ``(iv) the agency has implemented all practicable, life cycle 
    cost-effective projects with respect to the Federal building or 
    collection of Federal buildings to be excluded.
    ``(B) A finding of impracticability under subparagraph (A)(i) shall 
be based on--
        ``(i) the energy intensiveness of activities carried out in the 
    Federal building or collection of Federal buildings; or
        ``(ii) the fact that the Federal building or collection of 
    Federal buildings is used in the performance of a national security 
    function.''.
    (d) Review by Secretary.--Section 543(c)(2) of the National Energy 
Conservation Policy Act (42 U.S.C. 8253(c)(2)) is amended--
        (1) by striking ``impracticability standards'' and inserting 
    ``standards for exclusion'';
        (2) by striking ``a finding of impracticability'' and inserting 
    ``the exclusion''; and
        (3) by striking ``energy consumption requirements'' and 
    inserting ``requirements of subsections (a) and (b)(1)''.
    (e) Criteria.--Section 543(c) of the National Energy Conservation 
Policy Act (42 U.S.C. 8253(c)) is further amended by adding at the end 
the following:
    ``(3) Not later than 180 days after the date of enactment of this 
paragraph, the Secretary shall issue guidelines that establish criteria 
for exclusions under paragraph (1).''.
    (f) Retention of Energy and Water Savings.--Section 546 of the 
National Energy Conservation Policy Act (42 U.S.C. 8256) is amended by 
adding at the end the following new subsection:
    ``(e) Retention of Energy and Water Savings.--An agency may retain 
any funds appropriated to that agency for energy expenditures, water 
expenditures, or wastewater treatment expenditures, at buildings 
subject to the requirements of section 543(a) and (b), that are not 
made because of energy savings or water savings. Except as otherwise 
provided by law, such funds may be used only for energy efficiency, 
water conservation, or unconventional and renewable energy resources 
projects. Such projects shall be subject to the requirements of section 
3307 of title 40, United States Code.''.
    (g) Reports.--Section 548(b) of the National Energy Conservation 
Policy Act (42 U.S.C. 8258(b)) is amended--
        (1) in the subsection heading, by inserting ``the President 
    and'' before ``Congress''; and
        (2) by inserting ``President and'' before ``Congress''.
    (h) Conforming Amendment.--Section 550(d) of the National Energy 
Conservation Policy Act (42 U.S.C. 8258b(d)) is amended in the second 
sentence by striking ``the 20 percent reduction goal established under 
section 543(a) of the National Energy Conservation Policy Act (42 
U.S.C. 8253(a)).'' and inserting ``each of the energy reduction goals 
established under section 543(a).''.

SEC. 103. ENERGY USE MEASUREMENT AND ACCOUNTABILITY.

    Section 543 of the National Energy Conservation Policy Act (42 
U.S.C. 8253) is further amended by adding at the end the following:
    ``(e) Metering of Energy Use.--
        ``(1) Deadline.--By October 1, 2012, in accordance with 
    guidelines established by the Secretary under paragraph (2), all 
    Federal buildings shall, for the purposes of efficient use of 
    energy and reduction in the cost of electricity used in such 
    buildings, be metered. Each agency shall use, to the maximum extent 
    practicable, advanced meters or advanced metering devices that 
    provide data at least daily and that measure at least hourly 
    consumption of electricity in the Federal buildings of the agency. 
    Such data shall be incorporated into existing Federal energy 
    tracking systems and made available to Federal facility managers.
        ``(2) Guidelines.--
            ``(A) In general.--Not later than 180 days after the date 
        of enactment of this subsection, the Secretary, in consultation 
        with the Department of Defense, the General Services 
        Administration, representatives from the metering industry, 
        utility industry, energy services industry, energy efficiency 
        industry, energy efficiency advocacy organizations, national 
        laboratories, universities, and Federal facility managers, 
        shall establish guidelines for agencies to carry out paragraph 
        (1).
            ``(B) Requirements for guidelines.--The guidelines shall--
                ``(i) take into consideration--

                    ``(I) the cost of metering and the reduced cost of 
                operation and maintenance expected to result from 
                metering;
                    ``(II) the extent to which metering is expected to 
                result in increased potential for energy management, 
                increased potential for energy savings and energy 
                efficiency improvement, and cost and energy savings due 
                to utility contract aggregation; and
                    ``(III) the measurement and verification protocols 
                of the Department of Energy;

                ``(ii) include recommendations concerning the amount of 
            funds and the number of trained personnel necessary to 
            gather and use the metering information to track and reduce 
            energy use;
                ``(iii) establish priorities for types and locations of 
            buildings to be metered based on cost-effectiveness and a 
            schedule of one or more dates, not later than 1 year after 
            the date of issuance of the guidelines, on which the 
            requirements specified in paragraph (1) shall take effect; 
            and
                ``(iv) establish exclusions from the requirements 
            specified in paragraph (1) based on the de minimis quantity 
            of energy use of a Federal building, industrial process, or 
            structure.
        ``(3) Plan.--Not later than 6 months after the date guidelines 
    are established under paragraph (2), in a report submitted by the 
    agency under section 548(a), each agency shall submit to the 
    Secretary a plan describing how the agency will implement the 
    requirements of paragraph (1), including (A) how the agency will 
    designate personnel primarily responsible for achieving the 
    requirements and (B) demonstration by the agency, complete with 
    documentation, of any finding that advanced meters or advanced 
    metering devices, as defined in paragraph (1), are not 
    practicable.''.

SEC. 104. PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.

    (a) Requirements.--Part 3 of title V of the National Energy 
Conservation Policy Act (42 U.S.C. 8251 et seq.), as amended by section 
101, is amended by adding at the end the following:

``SEC. 553. FEDERAL PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.

    ``(a) Definitions.--In this section:
        ``(1) Agency.--The term `agency' has the meaning given that 
    term in section 7902(a) of title 5, United States Code.
        ``(2) Energy star product.--The term `Energy Star product' 
    means a product that is rated for energy efficiency under an Energy 
    Star program.
        ``(3) Energy star program.--The term `Energy Star program' 
    means the program established by section 324A of the Energy Policy 
    and Conservation Act.
        ``(4) FEMP designated product.--The term `FEMP designated 
    product' means a product that is designated under the Federal 
    Energy Management Program of the Department of Energy as being 
    among the highest 25 percent of equivalent products for energy 
    efficiency.
        ``(5) Product.--The term `product' does not include any energy 
    consuming product or system designed or procured for combat or 
    combat-related missions.
    ``(b) Procurement of Energy Efficient Products.--
        ``(1) Requirement.--To meet the requirements of an agency for 
    an energy consuming product, the head of the agency shall, except 
    as provided in paragraph (2), procure--
            ``(A) an Energy Star product; or
            ``(B) a FEMP designated product.
        ``(2) Exceptions.--The head of an agency is not required to 
    procure an Energy Star product or FEMP designated product under 
    paragraph (1) if the head of the agency finds in writing that--
            ``(A) an Energy Star product or FEMP designated product is 
        not cost-effective over the life of the product taking energy 
        cost savings into account; or
            ``(B) no Energy Star product or FEMP designated product is 
        reasonably available that meets the functional requirements of 
        the agency.
        ``(3) Procurement planning.--The head of an agency shall 
    incorporate into the specifications for all procurements involving 
    energy consuming products and systems, including guide 
    specifications, project specifications, and construction, 
    renovation, and services contracts that include provision of energy 
    consuming products and systems, and into the factors for the 
    evaluation of offers received for the procurement, criteria for 
    energy efficiency that are consistent with the criteria used for 
    rating Energy Star products and for rating FEMP designated 
    products.
    ``(c) Listing of Energy Efficient Products in Federal Catalogs.--
Energy Star products and FEMP designated products shall be clearly 
identified and prominently displayed in any inventory or listing of 
products by the General Services Administration or the Defense 
Logistics Agency. The General Services Administration or the Defense 
Logistics Agency shall supply only Energy Star products or FEMP 
designated products for all product categories covered by the Energy 
Star program or the Federal Energy Management Program, except in cases 
where the agency ordering a product specifies in writing that no Energy 
Star product or FEMP designated product is available to meet the 
buyer's functional requirements, or that no Energy Star product or FEMP 
designated product is cost-effective for the intended application over 
the life of the product, taking energy cost savings into account.
    ``(d) Specific Products.--(1) In the case of electric motors of 1 
to 500 horsepower, agencies shall select only premium efficient motors 
that meet a standard designated by the Secretary. The Secretary shall 
designate such a standard not later than 120 days after the date of the 
enactment of this section, after considering the recommendations of 
associated electric motor manufacturers and energy efficiency groups.
    ``(2) All Federal agencies are encouraged to take actions to 
maximize the efficiency of air conditioning and refrigeration 
equipment, including appropriate cleaning and maintenance, including 
the use of any system treatment or additive that will reduce the 
electricity consumed by air conditioning and refrigeration equipment. 
Any such treatment or additive must be--
        ``(A) determined by the Secretary to be effective in increasing 
    the efficiency of air conditioning and refrigeration equipment 
    without having an adverse impact on air conditioning performance 
    (including cooling capacity) or equipment useful life;
        ``(B) determined by the Administrator of the Environmental 
    Protection Agency to be environmentally safe; and
        ``(C) shown to increase seasonal energy efficiency ratio (SEER) 
    or energy efficiency ratio (EER) when tested by the National 
    Institute of Standards and Technology according to Department of 
    Energy test procedures without causing any adverse impact on the 
    system, system components, the refrigerant or lubricant, or other 
    materials in the system.
    Results of testing described in subparagraph (C) shall be published 
    in the Federal Register for public review and comment. For purposes 
    of this section, a hardware device or primary refrigerant shall not 
    be considered an additive.
    ``(e) Regulations.--Not later than 180 days after the date of the 
enactment of this section, the Secretary shall issue guidelines to 
carry out this section.''.
    (b) Conforming Amendment.--The table of contents of the National 
Energy Conservation Policy Act is further amended by inserting after 
the item relating to section 552 the following new item:
``Sec. 553. Federal procurement of energy efficient products.''.

SEC. 105. ENERGY SAVINGS PERFORMANCE CONTRACTS.

    (a) Extension.--Section 801(c) of the National Energy Conservation 
Policy Act (42 U.S.C. 8287(c)) is amended by striking ``2006'' and 
inserting ``2016''.
    (b) Extension of Authority.--Any energy savings performance 
contract entered into under section 801 of the National Energy 
Conservation Policy Act (42 U.S.C. 8287) after October 1, 2003, and 
before the date of enactment of this Act, shall be considered to have 
been entered into under that section.

SEC. 106. VOLUNTARY COMMITMENTS TO REDUCE INDUSTRIAL ENERGY INTENSITY.

    (a) Definition of Energy Intensity.--In this section, the term 
``energy intensity'' means the primary energy consumed for each unit of 
physical output in an industrial process.
    (b) Voluntary Agreements.--The Secretary may enter into voluntary 
agreements with one or more persons in industrial sectors that consume 
significant quantities of primary energy for each unit of physical 
output to reduce the energy intensity of the production activities of 
the persons.
    (c) Goal.--Voluntary agreements under this section shall have as a 
goal the reduction of energy intensity by not less than 2.5 percent 
each year during the period of calendar years 2007 through 2016.
    (d) Recognition.--The Secretary, in cooperation with other 
appropriate Federal agencies, shall develop mechanisms to recognize and 
publicize the achievements of participants in voluntary agreements 
under this section.
    (e) Technical Assistance.--A person that enters into an agreement 
under this section and continues to make a good faith effort to achieve 
the energy efficiency goals specified in the agreement shall be 
eligible to receive from the Secretary a grant or technical assistance, 
as appropriate, to assist in the achievement of those goals.
    (f) Report.--Not later than each of June 30, 2012, and June 30, 
2017, the Secretary shall submit to Congress a report that--
        (1) evaluates the success of the voluntary agreements under 
    this section; and
        (2) provides independent verification of a sample of the energy 
    savings estimates provided by participating firms.

SEC. 107. ADVANCED BUILDING EFFICIENCY TESTBED.

    (a) Establishment.--The Secretary, in consultation with the 
Administrator of General Services, shall establish an Advanced Building 
Efficiency Testbed program for the development, testing, and 
demonstration of advanced engineering systems, components, and 
materials to enable innovations in building technologies. The program 
shall evaluate efficiency concepts for government and industry 
buildings, and demonstrate the ability of next generation buildings to 
support individual and organizational productivity and health 
(including by improving indoor air quality) as well as flexibility and 
technological change to improve environmental sustainability. Such 
program shall complement and not duplicate existing national programs.
    (b) Participants.--The program established under subsection (a) 
shall be led by a university with the ability to combine the expertise 
from numerous academic fields including, at a minimum, intelligent 
workplaces and advanced building systems and engineering, electrical 
and computer engineering, computer science, architecture, urban design, 
and environmental and mechanical engineering. Such university shall 
partner with other universities and entities who have established 
programs and the capability of advancing innovative building efficiency 
technologies.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $6,000,000 for 
each of the fiscal years 2006 through 2008, to remain available until 
expended. For any fiscal year in which funds are expended under this 
section, the Secretary shall provide one-third of the total amount to 
the lead university described in subsection (b), and provide the 
remaining two-thirds to the other participants referred to in 
subsection (b) on an equal basis.

SEC. 108. INCREASED USE OF RECOVERED MINERAL COMPONENT IN FEDERALLY 
              FUNDED PROJECTS INVOLVING PROCUREMENT OF CEMENT OR 
              CONCRETE.

    (a) Amendment.--Subtitle F of the Solid Waste Disposal Act (42 
U.S.C. 6961 et seq.) is amended by adding at the end the following:


   ``INCREASED USE OF RECOVERED MINERAL COMPONENT IN FEDERALLY FUNDED 
          PROJECTS INVOLVING PROCUREMENT OF CEMENT OR CONCRETE

    ``Sec. 6005. (a) Definitions.--In this section:
        ``(1) Agency head.--The term `agency head' means--
            ``(A) the Secretary of Transportation; and
            ``(B) the head of any other Federal agency that, on a 
        regular basis, procures, or provides Federal funds to pay or 
        assist in paying the cost of procuring, material for cement or 
        concrete projects.
        ``(2) Cement or concrete project.--The term `cement or concrete 
    project' means a project for the construction or maintenance of a 
    highway or other transportation facility or a Federal, State, or 
    local government building or other public facility that--
            ``(A) involves the procurement of cement or concrete; and
            ``(B) is carried out, in whole or in part, using Federal 
        funds.
        ``(3) Recovered mineral component.--The term `recovered mineral 
    component' means--
            ``(A) ground granulated blast furnace slag, excluding lead 
        slag;
            ``(B) coal combustion fly ash; and
            ``(C) any other waste material or byproduct recovered or 
        diverted from solid waste that the Administrator, in 
        consultation with an agency head, determines should be treated 
        as recovered mineral component under this section for use in 
        cement or concrete projects paid for, in whole or in part, by 
        the agency head.
    ``(b) Implementation of Requirements.--
        ``(1) In general.--Not later than 1 year after the date of 
    enactment of this section, the Administrator and each agency head 
    shall take such actions as are necessary to implement fully all 
    procurement requirements and incentives in effect as of the date of 
    enactment of this section (including guidelines under section 6002) 
    that provide for the use of cement and concrete incorporating 
    recovered mineral component in cement or concrete projects.
        ``(2) Priority.--In carrying out paragraph (1), an agency head 
    shall give priority to achieving greater use of recovered mineral 
    component in cement or concrete projects for which recovered 
    mineral components historically have not been used or have been 
    used only minimally.
        ``(3) Federal procurement requirements.--The Administrator and 
    each agency head shall carry out this subsection in accordance with 
    section 6002.
    ``(c) Full Implementation Study.--
        ``(1) In general.--The Administrator, in cooperation with the 
    Secretary of Transportation and the Secretary of Energy, shall 
    conduct a study to determine the extent to which procurement 
    requirements, when fully implemented in accordance with subsection 
    (b), may realize energy savings and environmental benefits 
    attainable with substitution of recovered mineral component in 
    cement used in cement or concrete projects.
        ``(2) Matters to be addressed.--The study shall--
            ``(A) quantify--
                ``(i) the extent to which recovered mineral components 
            are being substituted for Portland cement, particularly as 
            a result of procurement requirements; and
                ``(ii) the energy savings and environmental benefits 
            associated with the substitution;
            ``(B) identify all barriers in procurement requirements to 
        greater realization of energy savings and environmental 
        benefits, including barriers resulting from exceptions from the 
        law; and
            ``(C)(i) identify potential mechanisms to achieve greater 
        substitution of recovered mineral component in types of cement 
        or concrete projects for which recovered mineral components 
        historically have not been used or have been used only 
        minimally;
            ``(ii) evaluate the feasibility of establishing guidelines 
        or standards for optimized substitution rates of recovered 
        mineral component in those cement or concrete projects; and
            ``(iii) identify any potential environmental or economic 
        effects that may result from greater substitution of recovered 
        mineral component in those cement or concrete projects.
        ``(3) Report.--Not later than 30 months after the date of 
    enactment of this section, the Administrator shall submit to 
    Congress a report on the study.
    ``(d) Additional Procurement Requirements.--Unless the study 
conducted under subsection (c) identifies any effects or other problems 
described in subsection (c)(2)(C)(iii) that warrant further review or 
delay, the Administrator and each agency head shall, not later than 1 
year after the date on which the report under subsection (c)(3) is 
submitted, take additional actions under this Act to establish 
procurement requirements and incentives that provide for the use of 
cement and concrete with increased substitution of recovered mineral 
component in the construction and maintenance of cement or concrete 
projects--
        ``(1) to realize more fully the energy savings and 
    environmental benefits associated with increased substitution; and
        ``(2) to eliminate barriers identified under subsection 
    (c)(2)(B).
    ``(e) Effect of Section.--Nothing in this section affects the 
requirements of section 6002 (including the guidelines and 
specifications for implementing those requirements).''.
    (b) Conforming Amendment.--The table of contents of the Solid Waste 
Disposal Act is amended by adding after the item relating to section 
6004 the following:
``Sec. 6005. Increased use of recovered mineral component in federally 
          funded projects involving procurement of cement or 
          concrete.''.

SEC. 109. FEDERAL BUILDING PERFORMANCE STANDARDS.

    Section 305(a) of the Energy Conservation and Production Act (42 
U.S.C. 6834(a)) is amended--
        (1) in paragraph (2)(A), by striking ``CABO Model Energy Code, 
    1992 (in the case of residential buildings) or ASHRAE Standard 
    90.1-1989'' and inserting ``the 2004 International Energy 
    Conservation Code (in the case of residential buildings) or ASHRAE 
    Standard 90.1-2004''; and
        (2) by adding at the end the following:
    ``(3)(A) Not later than 1 year after the date of enactment of this 
paragraph, the Secretary shall establish, by rule, revised Federal 
building energy efficiency performance standards that require that--
        ``(i) if life-cycle cost-effective for new Federal buildings--
            ``(I) the buildings be designed to achieve energy 
        consumption levels that are at least 30 percent below the 
        levels established in the version of the ASHRAE Standard or the 
        International Energy Conservation Code, as appropriate, that is 
        in effect as of the date of enactment of this paragraph; and
            ``(II) sustainable design principles are applied to the 
        siting, design, and construction of all new and replacement 
        buildings; and
        ``(ii) if water is used to achieve energy efficiency, water 
    conservation technologies shall be applied to the extent that the 
    technologies are life-cycle cost-effective.
    ``(B) Not later than 1 year after the date of approval of each 
subsequent revision of the ASHRAE Standard or the International Energy 
Conservation Code, as appropriate, the Secretary shall determine, based 
on the cost-effectiveness of the requirements under the amendment, 
whether the revised standards established under this paragraph should 
be updated to reflect the amendment.
    ``(C) In the budget request of the Federal agency for each fiscal 
year and each report submitted by the Federal agency under section 
548(a) of the National Energy Conservation Policy Act (42 U.S.C. 
8258(a)), the head of each Federal agency shall include--
        ``(i) a list of all new Federal buildings owned, operated, or 
    controlled by the Federal agency; and
        ``(ii) a statement specifying whether the Federal buildings 
    meet or exceed the revised standards established under this 
    paragraph.''.

SEC. 110. DAYLIGHT SAVINGS.

    (a) Amendment.--Section 3(a) of the Uniform Time Act of 1966 (15 
U.S.C. 260a(a)) is amended--
        (1) by striking ``first Sunday of April'' and inserting 
    ``second Sunday of March''; and
        (2) by striking ``last Sunday of October'' and inserting 
    ``first Sunday of November''.
    (b) Effective Date.--Subsection (a) shall take effect 1 year after 
the date of enactment of this Act or March 1, 2007, whichever is later.
    (c) Report to Congress.--Not later than 9 months after the 
effective date stated in subsection (b), the Secretary shall report to 
Congress on the impact of this section on energy consumption in the 
United States.
    (d) Right to Revert.--Congress retains the right to revert the 
Daylight Saving Time back to the 2005 time schedules once the 
Department study is complete.

SEC. 111. ENHANCING ENERGY EFFICIENCY IN MANAGEMENT OF FEDERAL LANDS.

    (a) Sense of the Congress.--It is the sense of the Congress that 
Federal agencies should enhance the use of energy efficient 
technologies in the management of natural resources.
    (b) Energy Efficient Buildings.--To the extent practicable, the 
Secretary of the Interior, the Secretary of Commerce, and the Secretary 
of Agriculture shall seek to incorporate energy efficient technologies 
in public and administrative buildings associated with management of 
the National Park System, National Wildlife Refuge System, National 
Forest System, National Marine Sanctuaries System, and other public 
lands and resources managed by the Secretaries.
    (c) Energy Efficient Vehicles.--To the extent practicable, the 
Secretary of the Interior, the Secretary of Commerce, and the Secretary 
of Agriculture shall seek to use energy efficient motor vehicles, 
including vehicles equipped with biodiesel or hybrid engine 
technologies, in the management of the National Park System, National 
Wildlife Refuge System, National Forest System, National Marine 
Sanctuaries System, and other public lands and resources managed by the 
Secretaries.

            Subtitle B--Energy Assistance and State Programs

SEC. 121. LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM.

    (a) Authorization of Appropriations.--Section 2602(b) of the Low-
Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621(b)) is 
amended by striking ``and $2,000,000,000 for each of fiscal years 2002 
through 2004'' and inserting ``and $5,100,000,000 for each of fiscal 
years 2005 through 2007''.
    (b) Renewable Fuels.--The Low-Income Home Energy Assistance Act of 
1981 (42 U.S.C. 8621 et seq.) is amended by adding at the end the 
following new section:


                            ``RENEWABLE FUELS

    ``Sec. 2612. In providing assistance pursuant to this title, a 
State, or any other person with which the State makes arrangements to 
carry out the purposes of this title, may purchase renewable fuels, 
including biomass.''.
    (c) Report to Congress.--The Secretary shall report to Congress on 
the use of renewable fuels in providing assistance under the Low-Income 
Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.).

SEC. 122. WEATHERIZATION ASSISTANCE.

    (a) Authorization of Appropriations.--Section 422 of the Energy 
Conservation and Production Act (42 U.S.C. 6872) is amended by striking 
``for fiscal years 1999 through 2003 such sums as may be necessary'' 
and inserting ``$500,000,000 for fiscal year 2006, $600,000,000 for 
fiscal year 2007, and $700,000,000 for fiscal year 2008''.
    (b) Eligibility.--Section 412(7) of the Energy Conservation and 
Production Act (42 U.S.C. 6862(7)) is amended by striking ``125 
percent'' both places it appears and inserting ``150 percent''.

SEC. 123. STATE ENERGY PROGRAMS.

    (a) State Energy Conservation Plans.--Section 362 of the Energy 
Policy and Conservation Act (42 U.S.C. 6322) is amended by inserting at 
the end the following new subsection:
    ``(g) The Secretary shall, at least once every 3 years, invite the 
Governor of each State to review and, if necessary, revise the energy 
conservation plan of such State submitted under subsection (b) or (e). 
Such reviews should consider the energy conservation plans of other 
States within the region, and identify opportunities and actions 
carried out in pursuit of common energy conservation goals.''.
    (b) State Energy Efficiency Goals.--Section 364 of the Energy 
Policy and Conservation Act (42 U.S.C. 6324) is amended to read as 
follows:


                     ``STATE ENERGY EFFICIENCY GOALS

    ``Sec. 364. Each State energy conservation plan with respect to 
which assistance is made available under this part on or after the date 
of enactment of the Energy Policy Act of 2005 shall contain a goal, 
consisting of an improvement of 25 percent or more in the efficiency of 
use of energy in the State concerned in calendar year 2012 as compared 
to calendar year 1990, and may contain interim goals.''.
    (c) Authorization of Appropriations.--Section 365(f) of the Energy 
Policy and Conservation Act (42 U.S.C. 6325(f)) is amended by striking 
``for fiscal years 1999 through 2003 such sums as may be necessary'' 
and inserting ``$100,000,000 for each of the fiscal years 2006 and 2007 
and $125,000,000 for fiscal year 2008''.

SEC. 124. ENERGY EFFICIENT APPLIANCE REBATE PROGRAMS.

    (a) Definitions.--In this section:
        (1) Eligible state.--The term ``eligible State'' means a State 
    that meets the requirements of subsection (b).
        (2) Energy star program.--The term ``Energy Star program'' 
    means the program established by section 324A of the Energy Policy 
    and Conservation Act.
        (3) Residential energy star product.--The term ``residential 
    Energy Star product'' means a product for a residence that is rated 
    for energy efficiency under the Energy Star program.
        (4) State energy office.--The term ``State energy office'' 
    means the State agency responsible for developing State energy 
    conservation plans under section 362 of the Energy Policy and 
    Conservation Act (42 U.S.C. 6322).
        (5) State program.--The term ``State program'' means a State 
    energy efficient appliance rebate program described in subsection 
    (b)(1).
    (b) Eligible States.--A State shall be eligible to receive an 
allocation under subsection (c) if the State--
        (1) establishes (or has established) a State energy efficient 
    appliance rebate program to provide rebates to residential 
    consumers for the purchase of residential Energy Star products to 
    replace used appliances of the same type;
        (2) submits an application for the allocation at such time, in 
    such form, and containing such information as the Secretary may 
    require; and
        (3) provides assurances satisfactory to the Secretary that the 
    State will use the allocation to supplement, but not supplant, 
    funds made available to carry out the State program.
    (c) Amount of Allocations.--
        (1) In general.--Subject to paragraph (2), for each fiscal 
    year, the Secretary shall allocate to the State energy office of 
    each eligible State to carry out subsection (d) an amount equal to 
    the product obtained by multiplying the amount made available under 
    subsection (f) for the fiscal year by the ratio that the population 
    of the State in the most recent calendar year for which data are 
    available bears to the total population of all eligible States in 
    that calendar year.
        (2) Minimum allocations.--For each fiscal year, the amounts 
    allocated under this subsection shall be adjusted proportionately 
    so that no eligible State is allocated a sum that is less than an 
    amount determined by the Secretary.
    (d) Use of Allocated Funds.--The allocation to a State energy 
office under subsection (c) may be used to pay up to 50 percent of the 
cost of establishing and carrying out a State program.
    (e) Issuance of Rebates.--Rebates may be provided to residential 
consumers that meet the requirements of the State program. The amount 
of a rebate shall be determined by the State energy office, taking into 
consideration--
        (1) the amount of the allocation to the State energy office 
    under subsection (c);
        (2) the amount of any Federal or State tax incentive available 
    for the purchase of the residential Energy Star product; and
        (3) the difference between the cost of the residential Energy 
    Star product and the cost of an appliance that is not a residential 
    Energy Star product, but is of the same type as, and is the nearest 
    capacity, performance, and other relevant characteristics (as 
    determined by the State energy office) to, the residential Energy 
    Star product.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $50,000,000 for 
each of the fiscal years 2006 through 2010.

SEC. 125. ENERGY EFFICIENT PUBLIC BUILDINGS.

    (a) Grants.--The Secretary may make grants to the State agency 
responsible for developing State energy conservation plans under 
section 362 of the Energy Policy and Conservation Act (42 U.S.C. 6322), 
or, if no such agency exists, a State agency designated by the Governor 
of the State, to assist units of local government in the State in 
improving the energy efficiency of public buildings and facilities--
        (1) through construction of new energy efficient public 
    buildings that use at least 30 percent less energy than a 
    comparable public building constructed in compliance with standards 
    prescribed in the most recent version of the International Energy 
    Conservation Code, or a similar State code intended to achieve 
    substantially equivalent efficiency levels; or
        (2) through renovation of existing public buildings to achieve 
    reductions in energy use of at least 30 percent as compared to the 
    baseline energy use in such buildings prior to renovation, assuming 
    a 3-year, weather-normalized average for calculating such baseline.
    (b) Administration.--State energy offices receiving grants under 
this section shall--
        (1) maintain such records and evidence of compliance as the 
    Secretary may require; and
        (2) develop and distribute information and materials and 
    conduct programs to provide technical services and assistance to 
    encourage planning, financing, and design of energy efficient 
    public buildings by units of local government.
    (c) Authorization of Appropriations.--For the purposes of this 
section, there are authorized to be appropriated to the Secretary 
$30,000,000 for each of fiscal years 2006 through 2010. Not more than 
10 percent of appropriated funds shall be used for administration.

SEC. 126. LOW INCOME COMMUNITY ENERGY EFFICIENCY PILOT PROGRAM.

    (a) Grants.--The Secretary is authorized to make grants to units of 
local government, private, non-profit community development 
organizations, and Indian tribe economic development entities to 
improve energy efficiency; identify and develop alternative, renewable, 
and distributed energy supplies; and increase energy conservation in 
low income rural and urban communities.
    (b) Purpose of Grants.--The Secretary may make grants on a 
competitive basis for--
        (1) investments that develop alternative, renewable, and 
    distributed energy supplies;
        (2) energy efficiency projects and energy conservation 
    programs;
        (3) studies and other activities that improve energy efficiency 
    in low income rural and urban communities;
        (4) planning and development assistance for increasing the 
    energy efficiency of buildings and facilities; and
        (5) technical and financial assistance to local government and 
    private entities on developing new renewable and distributed 
    sources of power or combined heat and power generation.
    (c) Definition.--For purposes of this section, the term ``Indian 
tribe'' means any Indian tribe, band, nation, or other organized group 
or community, including any Alaskan Native village or regional or 
village corporation as defined in or established pursuant to the Alaska 
Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is 
recognized as eligible for the special programs and services provided 
by the United States to Indians because of their status as Indians.
    (d) Authorization of Appropriations.--For the purposes of this 
section there are authorized to be appropriated to the Secretary 
$20,000,000 for each of fiscal years 2006 through 2008.

SEC. 127. STATE TECHNOLOGIES ADVANCEMENT COLLABORATIVE.

    (a) In General.--The Secretary, in cooperation with the States, 
shall establish a cooperative program for research, development, 
demonstration, and deployment of technologies in which there is a 
common Federal and State energy efficiency, renewable energy, and 
fossil energy interest, to be known as the ``State Technologies 
Advancement Collaborative'' (referred to in this section as the 
``Collaborative'').
    (b) Duties.--The Collaborative shall--
        (1) leverage Federal and State funding through cost-shared 
    activity;
        (2) reduce redundancies in Federal and State funding; and
        (3) create multistate projects to be awarded through a 
    competitive process.
    (c) Administration.--The Collaborative shall be administered 
through an agreement between the Department and appropriate State-based 
organizations.
    (d) Funding Sources.--Funding for the Collaborative may be provided 
from--
        (1) amounts specifically appropriated for the Collaborative; or
        (2) amounts that may be allocated from other appropriations 
    without changing the purpose for which the amounts are 
    appropriated.
    (e) Authorization of Appropriations.--There are authorized to carry 
out this section such sums as are necessary for each of fiscal years 
2006 through 2010.

SEC. 128. STATE BUILDING ENERGY EFFICIENCY CODES INCENTIVES.

    Section 304(e) of the Energy Conservation and Production Act (42 
U.S.C. 6833(e)) is amended--
        (1) in paragraph (1), by inserting before the period at the end 
    of the first sentence the following: ``, including increasing and 
    verifying compliance with such codes''; and
        (2) by striking paragraph (2) and inserting the following:
    ``(2) Additional funding shall be provided under this subsection 
for implementation of a plan to achieve and document at least a 90 
percent rate of compliance with residential and commercial building 
energy efficiency codes, based on energy performance--
        ``(A) to a State that has adopted and is implementing, on a 
    statewide basis--
            ``(i) a residential building energy efficiency code that 
        meets or exceeds the requirements of the 2004 International 
        Energy Conservation Code, or any succeeding version of that 
        code that has received an affirmative determination from the 
        Secretary under subsection (a)(5)(A); and
            ``(ii) a commercial building energy efficiency code that 
        meets or exceeds the requirements of the ASHRAE Standard 90.1-
        2004, or any succeeding version of that standard that has 
        received an affirmative determination from the Secretary under 
        subsection (b)(2)(A); or
        ``(B) in a State in which there is no statewide energy code 
    either for residential buildings or for commercial buildings, to a 
    local government that has adopted and is implementing residential 
    and commercial building energy efficiency codes, as described in 
    subparagraph (A).
    ``(3) Of the amounts made available under this subsection, the 
Secretary may use $500,000 for each fiscal year to train State and 
local officials to implement codes described in paragraph (2).
    ``(4)(A) There are authorized to be appropriated to carry out this 
subsection--
        ``(i) $25,000,000 for each of fiscal years 2006 through 2010; 
    and
        ``(ii) such sums as are necessary for fiscal year 2011 and each 
    fiscal year thereafter.
    ``(B) Funding provided to States under paragraph (2) for each 
fiscal year shall not exceed one-half of the excess of funding under 
this subsection over $5,000,000 for the fiscal year.''.

                 Subtitle C--Energy Efficient Products

SEC. 131. ENERGY STAR PROGRAM.

    (a) In General.--The Energy Policy and Conservation Act is amended 
by inserting after section 324 (42 U.S.C. 6294) the following:


                          ``ENERGY STAR PROGRAM

    ``Sec. 324A. (a) In General.--There is established within the 
Department of Energy and the Environmental Protection Agency a 
voluntary program to identify and promote energy-efficient products and 
buildings in order to reduce energy consumption, improve energy 
security, and reduce pollution through voluntary labeling of, or other 
forms of communication about, products and buildings that meet the 
highest energy conservation standards.
    ``(b) Division of Responsibilities.--Responsibilities under the 
program shall be divided between the Department of Energy and the 
Environmental Protection Agency in accordance with the terms of 
applicable agreements between those agencies.
    ``(c) Duties.--The Administrator and the Secretary shall--
        ``(1) promote Energy Star compliant technologies as the 
    preferred technologies in the marketplace for--
            ``(A) achieving energy efficiency; and
            ``(B) reducing pollution;
        ``(2) work to enhance public awareness of the Energy Star 
    label, including by providing special outreach to small businesses;
        ``(3) preserve the integrity of the Energy Star label;
        ``(4) regularly update Energy Star product criteria for product 
    categories;
        ``(5) solicit comments from interested parties prior to 
    establishing or revising an Energy Star product category, 
    specification, or criterion (or prior to effective dates for any 
    such product category, specification, or criterion);
        ``(6) on adoption of a new or revised product category, 
    specification, or criterion, provide reasonable notice to 
    interested parties of any changes (including effective dates) in 
    product categories, specifications, or criteria, along with--
            ``(A) an explanation of the changes; and
            ``(B) as appropriate, responses to comments submitted by 
        interested parties; and
        ``(7) provide appropriate lead time (which shall be 270 days, 
    unless the Agency or Department specifies otherwise) prior to the 
    applicable effective date for a new or a significant revision to a 
    product category, specification, or criterion, taking into account 
    the timing requirements of the manufacturing, product marketing, 
    and distribution process for the specific product addressed.
    ``(d) Deadlines.--The Secretary shall establish new qualifying 
levels--
        ``(1) not later than January 1, 2006, for clothes washers and 
    dishwashers, effective beginning January 1, 2007; and
        ``(2) not later than January 1, 2008, for clothes washers, 
    effective beginning January 1, 2010.''.
    (b) Table of Contents Amendment.--The table of contents of the 
Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by 
inserting after the item relating to section 324 the following:
``Sec. 324A. Energy Star program.''.

SEC. 132. HVAC MAINTENANCE CONSUMER EDUCATION PROGRAM.

    Section 337 of the Energy Policy and Conservation Act (42 U.S.C. 
6307) is amended by adding at the end the following:
    ``(c) HVAC Maintenance.--(1) To ensure that installed air 
conditioning and heating systems operate at maximum rated efficiency 
levels, the Secretary shall, not later than 180 days after the date of 
enactment of this subsection, carry out a program to educate homeowners 
and small business owners concerning the energy savings from properly 
conducted maintenance of air conditioning, heating, and ventilating 
systems.
    ``(2) The Secretary shall carry out the program under paragraph 
(1), on a cost-shared basis, in cooperation with the Administrator of 
the Environmental Protection Agency and any other entities that the 
Secretary determines to be appropriate, including industry trade 
associations, industry members, and energy efficiency organizations.
    ``(d) Small Business Education and Assistance.--(1) The 
Administrator of the Small Business Administration, in consultation 
with the Secretary and the Administrator of the Environmental 
Protection Agency, shall develop and coordinate a Government-wide 
program, building on the Energy Star for Small Business Program, to 
assist small businesses in--
        ``(A) becoming more energy efficient;
        ``(B) understanding the cost savings from improved energy 
    efficiency;
        ``(C) understanding and accessing Federal procurement 
    opportunities with regard to Energy Star technologies and products; 
    and
        ``(D) identifying financing options for energy efficiency 
    upgrades.
    ``(2) The Secretary, the Administrator of the Environmental 
Protection Agency, and the Administrator of the Small Business 
Administration shall--
        ``(A) make program information available to small business 
    concerns directly through the district offices and resource 
    partners of the Small Business Administration, including small 
    business development centers, women's business centers, and the 
    Service Corps of Retired Executives (SCORE), and through other 
    Federal agencies, including the Federal Emergency Management Agency 
    and the Department of Agriculture; and
        ``(B) coordinate assistance with the Secretary of Commerce for 
    manufacturing-related efforts, including the Manufacturing 
    Extension Partnership Program.
    ``(3) The Secretary, on a cost shared basis in cooperation with the 
Administrator of the Environmental Protection Agency, shall provide to 
the Small Business Administration all advertising, marketing, and other 
written materials necessary for the dissemination of information under 
paragraph (2).
    ``(4) The Secretary, the Administrator of the Environmental 
Protection Agency, and the Administrator of the Small Business 
Administration, as part of the outreach to small business concerns 
under the Energy Star Program for Small Business Program, may enter 
into cooperative agreements with qualified resources partners 
(including the National Center for Appropriate Technology) to 
establish, maintain, and promote a Small Business Energy Clearinghouse 
(in this subsection referred to as the `Clearinghouse').
    ``(5) The Secretary, the Administrator of the Environmental 
Protection Agency, and the Administrator of the Small Business 
Administration shall ensure that the Clearinghouse provides a 
centralized resource where small business concerns may access, 
telephonically and electronically, technical information and advice to 
help increase energy efficiency and reduce energy costs.
    ``(6) There are authorized to be appropriated such sums as are 
necessary to carry out this subsection, to remain available until 
expended.''.

SEC. 133. PUBLIC ENERGY EDUCATION PROGRAM.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall convene an organizational 
conference for the purpose of establishing an ongoing, self-sustaining 
national public energy education program.
    (b) Participants.--The Secretary shall invite to participate in the 
conference individuals and entities representing all aspects of energy 
production and distribution, including--
        (1) industrial firms;
        (2) professional societies;
        (3) educational organizations;
        (4) trade associations; and
        (5) governmental agencies.
    (c) Purpose, Scope, and Structure.--
        (1) Purpose.--The purpose of the conference shall be to 
    establish an ongoing, self-sustaining national public energy 
    education program to examine and recognize interrelationships 
    between energy sources in all forms, including--
            (A) conservation and energy efficiency;
            (B) the role of energy use in the economy; and
            (C) the impact of energy use on the environment.
        (2) Scope and structure.--Taking into consideration the purpose 
    described in paragraph (1), the participants in the conference 
    invited under subsection (b) shall design the scope and structure 
    of the program described in subsection (a).
    (d) Technical Assistance.--The Secretary shall provide technical 
assistance and other guidance necessary to carry out the program 
described in subsection (a).
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 134. ENERGY EFFICIENCY PUBLIC INFORMATION INITIATIVE.

    (a) In General.--The Secretary shall carry out a comprehensive 
national program, including advertising and media awareness, to inform 
consumers about--
        (1) the need to reduce energy consumption during the 4-year 
    period beginning on the date of enactment of this Act;
        (2) the benefits to consumers of reducing consumption of 
    electricity, natural gas, and petroleum, particularly during peak 
    use periods;
        (3) the importance of low energy costs to economic growth and 
    preserving manufacturing jobs in the United States; and
        (4) practical, cost-effective measures that consumers can take 
    to reduce consumption of electricity, natural gas, and gasoline, 
    including--
            (A) maintaining and repairing heating and cooling ducts and 
        equipment;
            (B) weatherizing homes and buildings;
            (C) purchasing energy efficient products; and
            (D) proper tire maintenance.
    (b) Cooperation.--The program carried out under subsection (a) 
shall--
        (1) include collaborative efforts with State and local 
    government officials and the private sector; and
        (2) incorporate, to the maximum extent practicable, successful 
    State and local public education programs.
    (c) Report.--Not later than July 1, 2009, the Secretary shall 
submit to Congress a report describing the effectiveness of the program 
under this section.
    (d) Termination of Authority.--The program carried out under this 
section shall terminate on December 31, 2010.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $90,000,000 for each of fiscal 
years 2006 through 2010.

SEC. 135. ENERGY CONSERVATION STANDARDS FOR ADDITIONAL PRODUCTS.

    (a) Definitions.--Section 321 of the Energy Policy and Conservation 
Act (42 U.S.C. 6291) is amended--
        (1) in paragraph (29)--
            (A) in subparagraph (D)--
                (i) in clause (i), by striking ``C78.1-1978(R1984)'' 
            and inserting ``C78.81-2003 (Data Sheet 7881-ANSI-1010-
            1)'';
                (ii) in clause (ii), by striking ``C78.1-1978(R1984)'' 
            and inserting ``C78.81-2003 (Data Sheet 7881-ANSI-3007-
            1)''; and
                (iii) in clause (iii), by striking ``C78.1-
            1978(R1984)'' and inserting ``C78.81-2003 (Data Sheet 7881-
            ANSI-1019-1)''; and
            (B) by adding at the end the following:
        ``(M) The term `F34T12 lamp' (also known as a `F40T12/ES lamp') 
    means a nominal 34 watt tubular fluorescent lamp that is 48 inches 
    in length and 1\1/2\ inches in diameter, and conforms to ANSI 
    standard C78.81-2003 (Data Sheet 7881-ANSI-1006-1).
        ``(N) The term `F96T12/ES lamp' means a nominal 60 watt tubular 
    fluorescent lamp that is 96 inches in length and 1\1/2\ inches in 
    diameter, and conforms to ANSI standard C78.81-2003 (Data Sheet 
    7881-ANSI-3006-1).
        ``(O) The term `F96T12HO/ES lamp' means a nominal 95 watt 
    tubular fluorescent lamp that is 96 inches in length and 1\1/2\ 
    inches in diameter, and conforms to ANSI standard C78.81-2003 (Data 
    Sheet 7881-ANSI-1017-1).
        ``(P) The term `replacement ballast' means a ballast that--
            ``(i) is designed for use to replace an existing ballast in 
        a previously installed luminaire;
            ``(ii) is marked `FOR REPLACEMENT USE ONLY';
            ``(iii) is shipped by the manufacturer in packages 
        containing not more than 10 ballasts; and
            ``(iv) has output leads that when fully extended are a 
        total length that is less than the length of the lamp with 
        which the ballast is intended to be operated.'';
        (2) in paragraph (30)(S)--
            (A) by inserting ``(i)'' before ``The term''; and
            (B) by adding at the end the following:
            ``(ii) The term `medium base compact fluorescent lamp' does 
        not include--
                ``(I) any lamp that is--

                    ``(aa) specifically designed to be used for special 
                purpose applications; and
                    ``(bb) unlikely to be used in general purpose 
                applications, such as the applications described in 
                subparagraph (D); or

                ``(II) any lamp not described in subparagraph (D) that 
            is excluded by the Secretary, by rule, because the lamp 
            is--

                    ``(aa) designed for special applications; and
                    ``(bb) unlikely to be used in general purpose 
                applications.''; and

        (3) by adding at the end the following:
        ``(32) The term `battery charger' means a device that charges 
    batteries for consumer products, including battery chargers 
    embedded in other consumer products.
        ``(33)(A) The term `commercial prerinse spray valve' means a 
    handheld device designed and marketed for use with commercial 
    dishwashing and ware washing equipment that sprays water on dishes, 
    flatware, and other food service items for the purpose of removing 
    food residue before cleaning the items.
        ``(B) The Secretary may modify the definition of `commercial 
    prerinse spray valve' by rule--
            ``(i) to include products--
                ``(I) that are extensively used in conjunction with 
            commercial dishwashing and ware washing equipment;
                ``(II) the application of standards to which would 
            result in significant energy savings; and
                ``(III) the application of standards to which would 
            meet the criteria specified in section 325(o)(4); and
            ``(ii) to exclude products--
                ``(I) that are used for special food service 
            applications;
                ``(II) that are unlikely to be widely used in 
            conjunction with commercial dishwashing and ware washing 
            equipment; and
                ``(III) the application of standards to which would not 
            result in significant energy savings.
        ``(34) The term `dehumidifier' means a self-contained, 
    electrically operated, and mechanically encased assembly consisting 
    of--
            ``(A) a refrigerated surface (evaporator) that condenses 
        moisture from the atmosphere;
            ``(B) a refrigerating system, including an electric motor;
            ``(C) an air-circulating fan; and
            ``(D) means for collecting or disposing of the condensate.
        ``(35)(A) The term `distribution transformer' means a 
    transformer that--
            ``(i) has an input voltage of 34.5 kilovolts or less;
            ``(ii) has an output voltage of 600 volts or less; and
            ``(iii) is rated for operation at a frequency of 60 Hertz.
        ``(B) The term `distribution transformer' does not include--
            ``(i) a transformer with multiple voltage taps, the highest 
        of which equals at least 20 percent more than the lowest;
            ``(ii) a transformer that is designed to be used in a 
        special purpose application and is unlikely to be used in 
        general purpose applications, such as a drive transformer, 
        rectifier transformer, auto-transformer, Uninterruptible Power 
        System transformer, impedance transformer, regulating 
        transformer, sealed and nonventilating transformer, machine 
        tool transformer, welding transformer, grounding transformer, 
        or testing transformer; or
            ``(iii) any transformer not listed in clause (ii) that is 
        excluded by the Secretary by rule because--
                ``(I) the transformer is designed for a special 
            application;
                ``(II) the transformer is unlikely to be used in 
            general purpose applications; and
                ``(III) the application of standards to the transformer 
            would not result in significant energy savings.
        ``(36) The term `external power supply' means an external power 
    supply circuit that is used to convert household electric current 
    into DC current or lower-voltage AC current to operate a consumer 
    product.
        ``(37) The term `illuminated exit sign' means a sign that--
            ``(A) is designed to be permanently fixed in place to 
        identify an exit; and
            ``(B) consists of an electrically powered integral light 
        source that--
                ``(i) illuminates the legend `EXIT' and any directional 
            indicators; and
                ``(ii) provides contrast between the legend, any 
            directional indicators, and the background.
        ``(38) The term `low-voltage dry-type distribution transformer' 
    means a distribution transformer that--
            ``(A) has an input voltage of 600 volts or less;
            ``(B) is air-cooled; and
            ``(C) does not use oil as a coolant.
        ``(39) The term `pedestrian module' means a light signal used 
    to convey movement information to pedestrians.
        ``(40) The term `refrigerated bottled or canned beverage 
    vending machine' means a commercial refrigerator that cools bottled 
    or canned beverages and dispenses the bottled or canned beverages 
    on payment.
        ``(41) The term `standby mode' means the lowest power 
    consumption mode, as established on an individual product basis by 
    the Secretary, that--
            ``(A) cannot be switched off or influenced by the user; and
            ``(B) may persist for an indefinite time when an appliance 
        is--
                ``(i) connected to the main electricity supply; and
                ``(ii) used in accordance with the instructions of the 
            manufacturer.
        ``(42) The term `torchiere' means a portable electric lamp with 
    a reflector bowl that directs light upward to give indirect 
    illumination.
        ``(43) The term `traffic signal module' means a standard 8-inch 
    (200mm) or 12-inch (300mm) traffic signal indication that--
            ``(A) consists of a light source, a lens, and all other 
        parts necessary for operation; and
            ``(B) communicates movement messages to drivers through 
        red, amber, and green colors.
        ``(44) The term `transformer' means a device consisting of 2 or 
    more coils of insulated wire that transfers alternating current by 
    electromagnetic induction from 1 coil to another to change the 
    original voltage or current value.
        ``(45)(A) The term `unit heater' means a self-contained fan-
    type heater designed to be installed within the heated space.
        ``(B) The term `unit heater' does not include a warm air 
    furnace.
        ``(46)(A) The term `high intensity discharge lamp' means an 
    electric-discharge lamp in which--
            ``(i) the light-producing arc is stabilized by bulb wall 
        temperature; and
            ``(ii) the arc tube has a bulb wall loading in excess of 3 
        Watts/cm<SUP>2</SUP>.
        ``(B) The term `high intensity discharge lamp' includes mercury 
    vapor, metal halide, and high-pressure sodium lamps described in 
    subparagraph (A).
        ``(47)(A) The term `mercury vapor lamp' means a high intensity 
    discharge lamp in which the major portion of the light is produced 
    by radiation from mercury operating at a partial pressure in excess 
    of 100,000 Pa (approximately 1 atm).
        ``(B) The term `mercury vapor lamp' includes clear, phosphor-
    coated, and self-ballasted lamps described in subparagraph (A).
        ``(48) The term `mercury vapor lamp ballast' means a device 
    that is designed and marketed to start and operate mercury vapor 
    lamps by providing the necessary voltage and current.
        ``(49) The term `ceiling fan' means a nonportable device that 
    is suspended from a ceiling for circulating air via the rotation of 
    fan blades.
        ``(50) The term `ceiling fan light kit' means equipment 
    designed to provide light from a ceiling fan that can be--
            ``(A) integral, such that the equipment is attached to the 
        ceiling fan prior to the time of retail sale; or
            ``(B) attachable, such that at the time of retail sale the 
        equipment is not physically attached to the ceiling fan, but 
        may be included inside the ceiling fan at the time of sale or 
        sold separately for subsequent attachment to the fan.
        ``(51) The term `medium screw base' means an Edison screw base 
    identified with the prefix E-26 in the `American National Standard 
    for Electric Lamp Bases', ANSI/IEC C81.61-2003, published by the 
    American National Standards Institute.''.
    (b) Test Procedures.--Section 323 of the Energy Policy and 
Conservation Act (42 U.S.C. 6293) is amended--
        (1) in subsection (b), by adding at the end the following:
    ``(9) Test procedures for illuminated exit signs shall be based on 
the test method used under version 2.0 of the Energy Star program of 
the Environmental Protection Agency for illuminated exit signs.
    ``(10)(A) Test procedures for distribution transformers and low 
voltage dry-type distribution transformers shall be based on the 
`Standard Test Method for Measuring the Energy Consumption of 
Distribution Transformers' prescribed by the National Electrical 
Manufacturers Association (NEMA TP 2-1998).
    ``(B) The Secretary may review and revise the test procedures 
established under subparagraph (A).
    ``(C) For purposes of section 346(a), the test procedures 
established under subparagraph (A) shall be considered to be the 
testing requirements prescribed by the Secretary under section 
346(a)(1) for distribution transformers for which the Secretary makes a 
determination that energy conservation standards would--
        ``(i) be technologically feasible and economically justified; 
    and
        ``(ii) result in significant energy savings.
    ``(11) Test procedures for traffic signal modules and pedestrian 
modules shall be based on the test method used under the Energy Star 
program of the Environmental Protection Agency for traffic signal 
modules, as in effect on the date of enactment of this paragraph.
    ``(12)(A) Test procedures for medium base compact fluorescent lamps 
shall be based on the test methods for compact fluorescent lamps used 
under the August 9, 2001, version of the Energy Star program of the 
Environmental Protection Agency and the Department of Energy.
    ``(B) Except as provided in subparagraph (C), medium base compact 
fluorescent lamps shall meet all test requirements for regulated 
parameters of section 325(cc).
    ``(C) Notwithstanding subparagraph (B), if manufacturers document 
engineering predictions and analysis that support expected attainment 
of lumen maintenance at 40 percent rated life and lamp lifetime, medium 
base compact fluorescent lamps may be marketed before completion of the 
testing of lamp life and lumen maintenance at 40 percent of rated life.
    ``(13) Test procedures for dehumidifiers shall be based on the test 
criteria used under the Energy Star Program Requirements for 
Dehumidifiers developed by the Environmental Protection Agency, as in 
effect on the date of enactment of this paragraph unless revised by the 
Secretary pursuant to this section.
    ``(14) The test procedure for measuring flow rate for commercial 
prerinse spray valves shall be based on American Society for Testing 
and Materials Standard F2324, entitled `Standard Test Method for Pre-
Rinse Spray Valves'.
    ``(15) The test procedure for refrigerated bottled or canned 
beverage vending machines shall be based on American National Standards 
Institute/American Society of Heating, Refrigerating and Air-
Conditioning Engineers Standard 32.1-2004, entitled `Methods of Testing 
for Rating Vending Machines for Bottled, Canned or Other Sealed 
Beverages'.
    ``(16)(A)(i) Test procedures for ceiling fans shall be based on the 
`Energy Star Testing Facility Guidance Manual: Building a Testing 
Facility and Performing the Solid State Test Method for ENERGY STAR 
Qualified Ceiling Fans, Version 1.1' published by the Environmental 
Protection Agency.
    ``(ii) Test procedures for ceiling fan light kits shall be based on 
the test procedures referenced in the Energy Star specifications for 
Residential Light Fixtures and Compact Fluorescent Light Bulbs, as in 
effect on the date of enactment of this paragraph.
    ``(B) The Secretary may review and revise the test procedures 
established under subparagraph (A).''; and
        (2) by adding at the end the following:
    ``(f) Additional Consumer and Commercial Products.--(1) Not later 
than 2 years after the date of enactment of this subsection, the 
Secretary shall prescribe testing requirements for refrigerated bottled 
or canned beverage vending machines.
    ``(2) To the maximum extent practicable, the testing requirements 
prescribed under paragraph (1) shall be based on existing test 
procedures used in industry.''.
    (c) Standard Setting Authority.--Section 325 of the Energy Policy 
and Conservation Act (42 U.S.C. 6295) is amended--
        (1) in subsection (f)(3), by adding at the end the following:
    ``(D) Notwithstanding any other provision of this Act, if the 
requirements of subsection (o) are met, the Secretary may consider and 
prescribe energy conservation standards or energy use standards for 
electricity used for purposes of circulating air through duct work.'';
        (2) in subsection (g)--
            (A) in paragraph (6)(B), by inserting ``and labeled'' after 
        ``designed''; and
            (B) by adding at the end the following:
    ``(8)(A) Each fluorescent lamp ballast (other than replacement 
ballasts or ballasts described in subparagraph (C))--
        ``(i)(I) manufactured on or after July 1, 2009;
        ``(II) sold by the manufacturer on or after October 1, 2009; or
        ``(III) incorporated into a luminaire by a luminaire 
    manufacturer on or after July 1, 2010; and
        ``(ii) designed--
            ``(I) to operate at nominal input voltages of 120 or 277 
        volts;
            ``(II) to operate with an input current frequency of 60 
        Hertz; and
            ``(III) for use in connection with F34T12 lamps, F96T12/ES 
        lamps, or F96T12HO/ES lamps;
    shall have a power factor of 0.90 or greater and shall have a 
    ballast efficacy factor of not less than the following:

               ..................  Total             ...................
``Application  Ballast             nominal           Ballast
 for           input               lamp              efficacy
 operation of  voltage             watts             factor
One F34T12     120/277             34                2.61
 lamp
Two F34T12     120/277             68                1.35
 lamps
Two F96T12/ES  120/277             120               0.77
 lamps
Two F96T12HO/  120/277             190               0.42.
 ES lamps
 

    ``(B) The standards described in subparagraph (A) shall apply to 
all ballasts covered by subparagraph (A)(ii) that are manufactured on 
or after July 1, 2010, or sold by the manufacturer on or after October 
1, 2010.
    ``(C) The standards described in subparagraph (A) do not apply to--
        ``(i) a ballast that is designed for dimming to 50 percent or 
    less of the maximum output of the ballast;
        ``(ii) a ballast that is designed for use with 2 F96T12HO lamps 
    at ambient temperatures of 20F or less and for use in an outdoor 
    sign; or
        ``(iii) a ballast that has a power factor of less than 0.90 and 
    is designed and labeled for use only in residential 
    applications.'';
        (3) in subsection (o), by adding at the end the following:
    ``(5) The Secretary may set more than 1 energy conservation 
standard for products that serve more than 1 major function by setting 
1 energy conservation standard for each major function.''; and
        (4) by adding at the end the following:
    ``(u) Battery Charger and External Power Supply Electric Energy 
Consumption.--(1)(A) Not later than 18 months after the date of 
enactment of this subsection, the Secretary shall, after providing 
notice and an opportunity for comment, prescribe, by rule, definitions 
and test procedures for the power use of battery chargers and external 
power supplies.
    ``(B) In establishing the test procedures under subparagraph (A), 
the Secretary shall--
        ``(i) consider existing definitions and test procedures used 
    for measuring energy consumption in standby mode and other modes; 
    and
        ``(ii) assess the current and projected future market for 
    battery chargers and external power supplies.
    ``(C) The assessment under subparagraph (B)(ii) shall include--
        ``(i) estimates of the significance of potential energy savings 
    from technical improvements to battery chargers and external power 
    supplies; and
        ``(ii) suggested product classes for energy conservation 
    standards.
    ``(D) Not later than 18 months after the date of enactment of this 
subsection, the Secretary shall hold a scoping workshop to discuss and 
receive comments on plans for developing energy conservation standards 
for energy use for battery chargers and external power supplies.
    ``(E)(i) Not later than 3 years after the date of enactment of this 
subsection, the Secretary shall issue a final rule that determines 
whether energy conservation standards shall be issued for battery 
chargers and external power supplies or classes of battery chargers and 
external power supplies.
    ``(ii) For each product class, any energy conservation standards 
issued under clause (i) shall be set at the lowest level of energy use 
that--
        ``(I) meets the criteria and procedures of subsections (o), 
    (p), (q), (r), (s), and (t); and
        ``(II) would result in significant overall annual energy 
    savings, considering standby mode and other operating modes.
    ``(2) In determining under section 323 whether test procedures and 
energy conservation standards under this section should be revised with 
respect to covered products that are major sources of standby mode 
energy consumption, the Secretary shall consider whether to incorporate 
standby mode into the test procedures and energy conservation 
standards, taking into account standby mode power consumption compared 
to overall product energy consumption.
    ``(3) The Secretary shall not propose an energy conservation 
standard under this section, unless the Secretary has issued applicable 
test procedures for each product under section 323.
    ``(4) Any energy conservation standard issued under this subsection 
shall be applicable to products manufactured or imported beginning on 
the date that is 3 years after the date of issuance.
    ``(5) The Secretary and the Administrator shall collaborate and 
develop programs (including programs under section 324A and other 
voluntary industry agreements or codes of conduct) that are designed to 
reduce standby mode energy use.
    ``(v) Ceiling Fans and Refrigerated Beverage Vending Machines.--(1) 
Not later than 1 year after the date of enactment of this subsection, 
the Secretary shall prescribe, by rule, test procedures and energy 
conservation standards for ceiling fans and ceiling fan light kits. If 
the Secretary sets such standards, the Secretary shall consider 
exempting or setting different standards for certain product classes 
for which the primary standards are not technically feasible or 
economically justified, and establishing separate or exempted product 
classes for highly decorative fans for which air movement performance 
is a secondary design feature.
    ``(2) Not later than 4 years after the date of enactment of this 
subsection, the Secretary shall prescribe, by rule, energy conservation 
standards for refrigerated bottle or canned beverage vending machines.
    ``(3) In establishing energy conservation standards under this 
subsection, the Secretary shall use the criteria and procedures 
prescribed under subsections (o) and (p).
    ``(4) Any energy conservation standard prescribed under this 
subsection shall apply to products manufactured 3 years after the date 
of publication of a final rule establishing the energy conservation 
standard.
    ``(w) Illuminated Exit Signs.--An illuminated exit sign 
manufactured on or after January 1, 2006, shall meet the version 2.0 
Energy Star Program performance requirements for illuminated exit signs 
prescribed by the Environmental Protection Agency.
    ``(x) Torchieres.--A torchiere manufactured on or after January 1, 
2006--
        ``(1) shall consume not more than 190 watts of power; and
        ``(2) shall not be capable of operating with lamps that total 
    more than 190 watts.
    ``(y) Low Voltage Dry-Type Distribution Transformers.--The 
efficiency of a low voltage dry-type distribution transformer 
manufactured on or after January 1, 2007, shall be the Class I 
Efficiency Levels for distribution transformers specified in table 4-2 
of the `Guide for Determining Energy Efficiency for Distribution 
Transformers' published by the National Electrical Manufacturers 
Association (NEMA TP-1-2002).
    ``(z) Traffic Signal Modules and Pedestrian Modules.--Any traffic 
signal module or pedestrian module manufactured on or after January 1, 
2006, shall--
        ``(1) meet the performance requirements used under the Energy 
    Star program of the Environmental Protection Agency for traffic 
    signals, as in effect on the date of enactment of this subsection; 
    and
        ``(2) be installed with compatible, electrically connected 
    signal control interface devices and conflict monitoring systems.
    ``(aa) Unit Heaters.--A unit heater manufactured on or after the 
date that is 3 years after the date of enactment of this subsection 
shall--
        ``(1) be equipped with an intermittent ignition device; and
        ``(2) have power venting or an automatic flue damper.
    ``(bb) Medium Base Compact Fluorescent Lamps.--(1) A bare lamp and 
covered lamp (no reflector) medium base compact fluorescent lamp 
manufactured on or after January 1, 2006, shall meet the following 
requirements prescribed by the August 9, 2001, version of the Energy 
Star Program Requirements for Compact Fluorescent Lamps, Energy Star 
Eligibility Criteria, Energy-Efficiency Specification issued by the 
Environmental Protection Agency and Department of Energy:
        ``(A) Minimum initial efficacy.
        ``(B) Lumen maintenance at 1000 hours.
        ``(C) Lumen maintenance at 40 percent of rated life.
        ``(D) Rapid cycle stress test.
        ``(E) Lamp life.
    ``(2) The Secretary may, by rule, establish requirements for color 
quality (CRI), power factor, operating frequency, and maximum allowable 
start time based on the requirements prescribed by the August 9, 2001, 
version of the Energy Star Program Requirements for Compact Fluorescent 
Lamps.
    ``(3) The Secretary may, by rule--
        ``(A) revise the requirements established under paragraph (2); 
    or
        ``(B) establish other requirements, after considering energy 
    savings, cost effectiveness, and consumer satisfaction.
    ``(cc) Dehumidifiers.--(1) Dehumidifiers manufactured on or after 
October 1, 2007, shall have an Energy Factor that meets or exceeds the 
following values:

``Product Capacity (pints/day):
                                      Minimum Energy Factor (Liters/kWh)
    25.00 or less.............................................


                                                                   1.00 

    25.01 - 35.00.............................................


                                                                   1.20 

    35.01 - 54.00.............................................


                                                                   1.30 

    54.01 - 74.99.............................................


                                                                   1.50 

    75.00 or more.............................................


                                                                   2.25.

    ``(2)(A) Not later than October 1, 2009, the Secretary shall 
publish a final rule in accordance with subsections (o) and (p), to 
determine whether the energy conservation standards established under 
paragraph (1) should be amended.
    ``(B) The final rule published under subparagraph (A) shall--
        ``(i) contain any amendment by the Secretary; and
        ``(ii) provide that the amendment applies to products 
    manufactured on or after October 1, 2012.
    ``(C) If the Secretary does not publish an amendment that takes 
effect by October 1, 2012, dehumidifiers manufactured on or after 
October 1, 2012, shall have an Energy Factor that meets or exceeds the 
following values:

``Product Capacity (pints/day):
                                      Minimum Energy Factor (Liters/kWh)
    25.00 or less.............................................


                                                                   1.20 

    25.01 - 35.00.............................................


                                                                   1.30 

    35.01 - 45.00.............................................


                                                                   1.40 

    45.01 - 54.00.............................................


                                                                   1.50 

    54.01 - 74.99.............................................


                                                                   1.60 

    75.00 or more.............................................


                                                                    2.5.

    ``(dd) Commercial Prerinse Spray Valves.--Commercial prerinse spray 
valves manufactured on or after January 1, 2006, shall have a flow rate 
of not more than 1.6 gallons per minute.
    ``(ee) Mercury Vapor Lamp Ballasts.--Mercury vapor lamp ballasts 
shall not be manufactured or imported after January 1, 2008.
    ``(ff) Ceiling Fans and Ceiling Fan Light Kits.--(1)(A) All ceiling 
fans manufactured on or after January 1, 2007, shall have the following 
features:
        ``(i) Fan speed controls separate from any lighting controls.
        ``(ii) Adjustable speed controls (either more than 1 speed or 
    variable speed).
        ``(iii) Adjustable speed controls (either more than 1 speed or 
    variable speed).
        ``(iv) The capability of reversible fan action, except for--
            ``(I) fans sold for industrial applications;
            ``(II) outdoor applications; and
            ``(III) cases in which safety standards would be violated 
        by the use of the reversible mode.
    ``(B) The Secretary may define the exceptions described in clause 
(iv) in greater detail, but shall not substantively expand the 
exceptions.
    ``(2)(A) Ceiling fan light kits with medium screw base sockets 
manufactured on or after January 1, 2007, shall be packaged with screw-
based lamps to fill all screw base sockets.
    ``(B) The screw-based lamps required under subparagraph (A) shall--
        ``(i) meet the Energy Star Program Requirements for Compact 
    Fluorescent Lamps, version 3.0, issued by the Department of Energy; 
    or
        ``(ii) use light sources other than compact fluorescent lamps 
    that have lumens per watt performance at least equivalent to 
    comparably configured compact fluorescent lamps meeting the Energy 
    Star Program Requirements described in clause (i).
    ``(3) Ceiling fan light kits with pin-based sockets for fluorescent 
lamps manufactured on or after January 1, 2007 shall--
        ``(A) meet the Energy Star Program Requirements for Residential 
    Light Fixtures version 4.0 issued by the Environmental Protection 
    Agency; and
        ``(B) be packaged with lamps to fill all sockets.
    ``(4)(A) By January 1, 2007, the Secretary shall consider and issue 
requirements for any ceiling fan lighting kits other than those covered 
in paragraphs (2) and (3), including candelabra screw base sockets.
    ``(B) The requirements issued under subparagraph (A) shall be 
effective for products manufactured 2 years after the date of the final 
rule.
    ``(C) If the Secretary fails to issue a final rule by the date 
specified in subparagraph (B), any type of ceiling fan lighting kit 
described in subparagraph (A) that is manufactured after January 1, 
2009--
        ``(i) shall not be capable of operating with lamps that total 
    more than 190 watts; and
        ``(ii) shall include the lamps described in clause (i) in the 
    ceiling fan lighting kits.
    ``(5)(A) After January 1, 2010, the Secretary may consider, and 
issue, if the requirements of subsections (o) and (p) are met, amended 
energy efficiency standards for ceiling fan light kits.
    ``(B) Any amended standards issued under subparagraph (A) shall 
apply to products manufactured not earlier than 2 years after the date 
of publication of the final rule establishing the amended standard.
    ``(6)(A) Notwithstanding any other provision of this Act, the 
Secretary may consider, and issue, if the requirements of subsections 
(o) and (p) are met, energy efficiency or energy use standards for 
electricity used by ceiling fans to circulate air in a room.
    ``(B) In issuing the standards under subparagraph (A), the 
Secretary shall consider--
        ``(C) exempting, or setting different standards for, certain 
    product classes for which the primary standards are not technically 
    feasible or economically justified; and
        ``(D) establishing separate exempted product classes for highly 
    decorative fans for which air movement performance is a secondary 
    design feature.
    ``(7) Section 327 shall apply to the products covered in paragraphs 
(1) through (4) beginning on the date of enactment of this subsection, 
except that any State or local labeling requirement for ceiling fans 
prescribed or enacted before the date of enactment of this subsection 
shall not be preempted until the labeling requirements applicable to 
ceiling fans established under section 327 take effect.
    ``(gg) Application Date.--Section 327 applies--
        ``(1) to products for which energy conservation standards are 
    to be established under subsection (l), (u), or (v) beginning on 
    the date on which a final rule is issued by the Secretary, except 
    that any State or local standard prescribed or enacted for the 
    product before the date on which the final rule is issued shall not 
    be preempted until the energy conservation standard established 
    under subsection (l), (u), or (v) for the product takes effect; and
        ``(2) to products for which energy conservation standards are 
    established under subsections (w) through (ff) on the date of 
    enactment of those subsections, except that any State or local 
    standard prescribed or enacted before the date of enactment of 
    those subsections shall not be preempted until the energy 
    conservation standards established under subsections (w) through 
    (ff) take effect.''.
    (d) General Rule of Preemption.--Section 327(c) of the Energy 
Policy and Conservation Act (42 U.S.C. 6297(c)) is amended--
        (1) in paragraph (5), by striking ``or'' at the end;
        (2) in paragraph (6), by striking the period at the end and 
    inserting ``; or''; and
        (3) by adding at the end the following:
        ``(7)(A) is a regulation concerning standards for commercial 
    prerinse spray valves adopted by the California Energy Commission 
    before January 1, 2005; or
        ``(B) is an amendment to a regulation described in subparagraph 
    (A) that was developed to align California regulations with changes 
    in American Society for Testing and Materials Standard F2324;
        ``(8)(A) is a regulation concerning standards for pedestrian 
    modules adopted by the California Energy Commission before January 
    1, 2005; or
        ``(B) is an amendment to a regulation described in subparagraph 
    (A) that was developed to align California regulations to changes 
    in the Institute for Transportation Engineers standards, entitled 
    `Performance Specification: Pedestrian Traffic Control Signal 
    Indications'.''.

SEC. 136. ENERGY CONSERVATION STANDARDS FOR COMMERCIAL EQUIPMENT.

    (a) Definitions.--Section 340 of the Energy Policy and Conservation 
Act (42 U.S.C. 6311) is amended--
        (1) in paragraph (1)--
            (A) by redesignating subparagraphs (D) through (G) as 
        subparagraphs (H) through (K), respectively; and
            (B) by inserting after subparagraph (C) the following:
            ``(D) Very large commercial package air conditioning and 
        heating equipment.
            ``(E) Comm