Item_9_-_Energy_Independence_and_Security_Act_of_2007.pdf

H. R. 6

One Hundred Tenth Congress of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Thursday, the fourth day of January, two thousand and seven

An Act To move the United States toward greater energy independence and security, to increase the production of clean renewable fuels, to protect consumers, to increase the efficiency of products, buildings, and vehicles, to promote research on and deploy greenhouse gas capture and storage options, and to improve the energy performance of the Federal Government, and for other purposes.

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 Independence and Security Act of 2007’’.

(b) TABLE OF CONTENTS.—The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

Sec. 3. Relationship to other law.

TITLE I—ENERGY SECURITY THROUGH IMPROVED VEHICLE FUEL

ECONOMY

Subtitle A—Increased Corporate Average Fuel Economy Standards

Sec. 101. Short title.

Sec. 102. Average fuel economy standards for automobiles and certain other vehi-cles.

Sec. 103. Definitions.

Sec. 104. Credit trading program.

Sec. 105. Consumer information.

Sec. 106. Continued applicability of existing standards.

Sec. 107. National Academy of Sciences studies.

Sec. 108. National Academy of Sciences study of medium-duty and heavy-duty truck fuel economy.

Sec. 109. Extension of flexible fuel vehicle credit program.

Sec. 110. Periodic review of accuracy of fuel economy labeling procedures.

Sec. 111. Consumer tire information.

Sec. 112. Use of civil penalties for research and development.

Sec. 113. Exemption from separate calculation requirement.

Subtitle B—Improved Vehicle Technology

Sec. 131. Transportation electrification.

Sec. 132. Domestic manufacturing conversion grant program.

Sec. 133. Inclusion of electric drive in Energy Policy Act of 1992.

Sec. 134. Loan guarantees for fuel-efficient automobile parts manufacturers.

Sec. 135. Advanced battery loan guarantee program.

Sec. 136. Advanced technology vehicles manufacturing incentive program.

Subtitle C—Federal Vehicle Fleets

Sec. 141. Federal vehicle fleets.

Sec. 142. Federal fleet conservation requirements.

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TITLE II—ENERGY SECURITY THROUGH INCREASED PRODUCTION OF

BIOFUELS

Subtitle A—Renewable Fuel Standard Sec. 201. Definitions.

Sec. 202. Renewable fuel standard.

Sec. 203. Study of impact of Renewable Fuel Standard.

Sec. 204. Environmental and resource conservation impacts.

Sec. 205. Biomass based diesel and biodiesel labeling.

Sec. 206. Study of credits for use of renewable electricity in electric vehicles.

Sec. 207. Grants for production of advanced biofuels.

Sec. 208. Integrated consideration of water quality in determinations on fuels and fuel additives.

Sec. 209. Anti-backsliding.

Sec. 210. Effective date, savings provision, and transition rules.

Subtitle B—Biofuels Research and Development Sec. 221. Biodiesel.

Sec. 222. Biogas.

Sec. 223. Grants for biofuel production research and development in certain States.

Sec. 224. Biorefinery energy efficiency.

Sec. 225. Study of optimization of flexible fueled vehicles to use E–85 fuel.

Sec. 226. Study of engine durability and performance associated with the use of biodiesel.

Sec. 227. Study of optimization of biogas used in natural gas vehicles.

Sec. 228. Algal biomass.

Sec. 229. Biofuels and biorefinery information center.

Sec. 230. Cellulosic ethanol and biofuels research.

Sec. 231. Bioenergy research and development, authorization of appropriation.

Sec. 232. Environmental research and development.

Sec. 233. Bioenergy research centers.

Sec. 234. University based research and development grant program.

Subtitle C—Biofuels Infrastructure Sec. 241. Prohibition on franchise agreement restrictions related to renewable fuel infrastructure.

Sec. 242. Renewable fuel dispenser requirements.

Sec. 243. Ethanol pipeline feasibility study.

Sec. 244. Renewable fuel infrastructure grants.

Sec. 245. Study of the adequacy of transportation of domestically-produced renew-able fuel by railroads and other modes of transportation.

Sec. 246. Federal fleet fueling centers.

Sec. 247. Standard specifications for biodiesel.

Sec. 248. Biofuels distribution and advanced biofuels infrastructure.

Subtitle D—Environmental Safeguards Sec. 251. Waiver for fuel or fuel additives.

TITLE III—ENERGY SAVINGS THROUGH IMPROVED STANDARDS FOR

APPLIANCE AND LIGHTING

Subtitle A—Appliance Energy Efficiency Sec. 301. External power supply efficiency standards.

Sec. 302. Updating appliance test procedures.

Sec. 303. Residential boilers.

Sec. 304. Furnace fan standard process.

Sec. 305. Improving schedule for standards updating and clarifying State authority.

Sec. 306. Regional standards for furnaces, central air conditioners, and heat pumps.

Sec. 307. Procedure for prescribing new or amended standards.

Sec. 308. Expedited rulemakings.

Sec. 309. Battery chargers.

Sec. 310. Standby mode.

Sec. 311. Energy standards for home appliances.

Sec. 312. Walk-in coolers and walk-in freezers.

Sec. 313. Electric motor efficiency standards.

Sec. 314. Standards for single package vertical air conditioners and heat pumps.

Sec. 315. Improved energy efficiency for appliances and buildings in cold climates.

Sec. 316. Technical corrections.

Subtitle B—Lighting Energy Efficiency Sec. 321. Efficient light bulbs.

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Sec. 322. Incandescent reflector lamp efficiency standards.

Sec. 323. Public building energy efficient and renewable energy systems.

Sec. 324. Metal halide lamp fixtures.

Sec. 325. Energy efficiency labeling for consumer electronic products.

TITLE IV—ENERGY SAVINGS IN BUILDINGS AND INDUSTRY

Sec. 401. Definitions.

Subtitle A—Residential Building Efficiency Sec. 411. Reauthorization of weatherization assistance program.

Sec. 412. Study of renewable energy rebate programs.

Sec. 413. Energy code improvements applicable to manufactured housing.

Subtitle B—High-Performance Commercial Buildings Sec. 421. Commercial high-performance green buildings.

Sec. 422. Zero Net Energy Commercial Buildings Initiative.

Sec. 423. Public outreach.

Subtitle C—High-Performance Federal Buildings Sec. 431. Energy reduction goals for Federal buildings.

Sec. 432. Management of energy and water efficiency in Federal buildings.

Sec. 433. Federal building energy efficiency performance standards.

Sec. 434. Management of Federal building efficiency.

Sec. 435. Leasing.

Sec. 436. High-performance green Federal buildings.

Sec. 437. Federal green building performance.

Sec. 438. Storm water runoff requirements for Federal development projects.

Sec. 439. Cost-effective technology acceleration program.

Sec. 440. Authorization of appropriations.

Sec. 441. Public building life-cycle costs.

Subtitle D—Industrial Energy Efficiency Sec. 451. Industrial energy efficiency.

Sec. 452. Energy-intensive industries program.

Sec. 453. Energy efficiency for data center buildings.

Subtitle E—Healthy High-Performance Schools Sec. 461. Healthy high-performance schools.

Sec. 462. Study on indoor environmental quality in schools.

Subtitle F—Institutional Entities Sec. 471. Energy sustainability and efficiency grants and loans for institutions.

Subtitle G—Public and Assisted Housing Sec. 481. Application of International Energy Conservation Code to public and as-sisted housing.

Subtitle H—General Provisions Sec. 491. Demonstration project.

Sec. 492. Research and development.

Sec. 493. Environmental Protection Agency demonstration grant program for local governments.

Sec. 494. Green Building Advisory Committee.

Sec. 495. Advisory Committee on Energy Efficiency Finance.

TITLE V—ENERGY SAVINGS IN GOVERNMENT AND PUBLIC INSTITUTIONS

Subtitle A—United States Capitol Complex Sec. 501. Capitol complex photovoltaic roof feasibility studies.

Sec. 502. Capitol complex E–85 refueling station.

Sec. 503. Energy and environmental measures in Capitol complex master plan.

Sec. 504. Promoting maximum efficiency in operation of Capitol power plant.

Sec. 505. Capitol power plant carbon dioxide emissions feasibility study and dem-onstration projects.

Subtitle B—Energy Savings Performance Contracting Sec. 511. Authority to enter into contracts; reports.

Sec. 512. Financing flexibility.

Sec. 513. Promoting long-term energy savings performance contracts and verifying savings.

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Sec. 514. Permanent reauthorization.

Sec. 515. Definition of energy savings.

Sec. 516. Retention of savings.

Sec. 517. Training Federal contracting officers to negotiate energy efficiency con-tracts.

Sec. 518. Study of energy and cost savings in nonbuilding applications.

Subtitle C—Energy Efficiency in Federal Agencies Sec. 521. Installation of photovoltaic system at Department of Energy headquarters building.

Sec. 522. Prohibition on incandescent lamps by Coast Guard.

Sec. 523. Standard relating to solar hot water heaters.

Sec. 524. Federally-procured appliances with standby power.

Sec. 525. Federal procurement of energy efficient products.

Sec. 526. Procurement and acquisition of alternative fuels.

Sec. 527. Government efficiency status reports.

Sec. 528. OMB government efficiency reports and scorecards.

Sec. 529. Electricity sector demand response.

Subtitle D—Energy Efficiency of Public Institutions Sec. 531. Reauthorization of State energy programs.

Sec. 532. Utility energy efficiency programs.

Subtitle E—Energy Efficiency and Conservation Block Grants Sec. 541. Definitions.

Sec. 542. Energy Efficiency and Conservation Block Grant Program.

Sec. 543. Allocation of funds.

Sec. 544. Use of funds.

Sec. 545. Requirements for eligible entities.

Sec. 546. Competitive grants.

Sec. 547. Review and evaluation.

Sec. 548. Funding.

TITLE VI—ACCELERATED RESEARCH AND DEVELOPMENT

Subtitle A—Solar Energy Sec. 601. Short title.

Sec. 602. Thermal energy storage research and development program.

Sec. 603. Concentrating solar power commercial application studies.

Sec. 604. Solar energy curriculum development and certification grants.

Sec. 605. Daylighting systems and direct solar light pipe technology.

Sec. 606. Solar Air Conditioning Research and Development Program.

Sec. 607. Photovoltaic demonstration program.

Subtitle B—Geothermal Energy Sec. 611. Short title.

Sec. 612. Definitions.

Sec. 613. Hydrothermal research and development.

Sec. 614. General geothermal systems research and development.

Sec. 615. Enhanced geothermal systems research and development.

Sec. 616. Geothermal energy production from oil and gas fields and recovery and production of geopressured gas resources.

Sec. 617. Cost sharing and proposal evaluation.

Sec. 618. Center for geothermal technology transfer.

Sec. 619. GeoPowering America.

Sec. 620. Educational pilot program.

Sec. 621. Reports.

Sec. 622. Applicability of other laws.

Sec. 623. Authorization of appropriations.

Sec. 624. International geothermal energy development.

Sec. 625. High cost region geothermal energy grant program.

Subtitle C—Marine and Hydrokinetic Renewable Energy Technologies Sec. 631. Short title.

Sec. 632. Definition.

Sec. 633. Marine and hydrokinetic renewable energy research and development.

Sec. 634. National Marine Renewable Energy Research, Development, and Dem-onstration Centers.

Sec. 635. Applicability of other laws.

Sec. 636. Authorization of appropriations.

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Subtitle D—Energy Storage for Transportation and Electric Power Sec. 641. Energy storage competitiveness.

Subtitle E—Miscellaneous Provisions Sec. 651. Lightweight materials research and development.

Sec. 652. Commercial insulation demonstration program.

Sec. 653. Technical criteria for clean coal power Initiative.

Sec. 654. H-Prize.

Sec. 655. Bright Tomorrow Lighting Prizes.

Sec. 656. Renewable Energy innovation manufacturing partnership.

TITLE VII—CARBON CAPTURE AND SEQUESTRATION

Subtitle A—Carbon Capture and Sequestration Research, Development, and Demonstration

Sec. 701. Short title.

Sec. 702. Carbon capture and sequestration research, development, and demonstra-tion program.

Sec. 703. Carbon capture.

Sec. 704. Review of large-scale programs.

Sec. 705. Geologic sequestration training and research.

Sec. 706. Relation to Safe Drinking Water Act.

Sec. 707. Safety research.

Sec. 708. University based research and development grant program.

Subtitle B—Carbon Capture and Sequestration Assessment and Framework Sec. 711. Carbon dioxide sequestration capacity assessment.

Sec. 712. Assessment of carbon sequestration and methane and nitrous oxide emis-sions from ecosystems.

Sec. 713. Carbon dioxide sequestration inventory.

Sec. 714. Framework for geological carbon sequestration on public land.

TITLE VIII—IMPROVED MANAGEMENT OF ENERGY POLICY

Subtitle A—Management Improvements Sec. 801. National media campaign.

Sec. 802. Alaska Natural Gas Pipeline administration.

Sec. 803. Renewable energy deployment.

Sec. 804. Coordination of planned refinery outages.

Sec. 805. Assessment of resources.

Sec. 806. Sense of Congress relating to the use of renewable resources to generate energy.

Sec. 807. Geothermal assessment, exploration information, and priority activities.

Subtitle B—Prohibitions on Market Manipulation and False Information Sec. 811. Prohibition on market manipulation.

Sec. 812. Prohibition on false information.

Sec. 813. Enforcement by the Federal Trade Commission.

Sec. 814. Penalties.

Sec. 815. Effect on other laws.

TITLE IX—INTERNATIONAL ENERGY PROGRAMS

Sec. 901. Definitions.

Subtitle A—Assistance to Promote Clean and Efficient Energy Technologies in Foreign Countries

Sec. 911. United States assistance for developing countries.

Sec. 912. United States exports and outreach programs for India, China, and other countries.

Sec. 913. United States trade missions to encourage private sector trade and in-vestment.

Sec. 914. Actions by Overseas Private Investment Corporation.

Sec. 915. Actions by United States Trade and Development Agency.

Sec. 916. Deployment of international clean and efficient energy technologies and investment in global energy markets.

Sec. 917. United States-Israel energy cooperation.

Subtitle B—International Clean Energy Foundation Sec. 921. Definitions.

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Sec. 922. Establishment and management of Foundation.

Sec. 923. Duties of Foundation.

Sec. 924. Annual report.

Sec. 925. Powers of the Foundation; related provisions.

Sec. 926. General personnel authorities.

Sec. 927. Authorization of appropriations.

Subtitle C—Miscellaneous Provisions Sec. 931. Energy diplomacy and security within the Department of State.

Sec. 932. National Security Council reorganization.

Sec. 933. Annual national energy security strategy report.

Sec. 934. Convention on Supplementary Compensation for Nuclear Damage contin-gent cost allocation.

Sec. 935. Transparency in extractive industries resource payments.

TITLE X—GREEN JOBS

Sec. 1001. Short title.

Sec. 1002. Energy efficiency and renewable energy worker training program.

TITLE XI—ENERGY TRANSPORTATION AND INFRASTRUCTURE

Subtitle A—Department of Transportation Sec. 1101. Office of Climate Change and Environment.

Subtitle B—Railroads Sec. 1111. Advanced technology locomotive grant pilot program.

Sec. 1112. Capital grants for class II and class III railroads.

Subtitle C—Marine Transportation Sec. 1121. Short sea transportation initiative.

Sec. 1122. Short sea shipping eligibility for capital construction fund.

Sec. 1123. Short sea transportation report.

Subtitle D—Highways Sec. 1131. Increased Federal share for CMAQ projects.

Sec. 1132. Distribution of rescissions.

Sec. 1133. Sense of Congress regarding use of complete streets design techniques.

TITLE XII—SMALL BUSINESS ENERGY PROGRAMS

Sec. 1201. Express loans for renewable energy and energy efficiency.

Sec. 1202. Pilot program for reduced 7(a) fees for purchase of energy efficient tech-nologies.

Sec. 1203. Small business energy efficiency.

Sec. 1204. Larger 504 loan limits to help business develop energy efficient tech-nologies and purchases.

Sec. 1205. Energy saving debentures.

Sec. 1206. Investments in energy saving small businesses.

Sec. 1207. Renewable fuel capital investment company.

Sec. 1208. Study and report.

TITLE XIII—SMART GRID

Sec. 1301. Statement of policy on modernization of electricity grid.

Sec. 1302. Smart grid system report.

Sec. 1303. Smart grid advisory committee and smart grid task force.

Sec. 1304. Smart grid technology research, development, and demonstration.

Sec. 1305. Smart grid interoperability framework.

Sec. 1306. Federal matching fund for smart grid investment costs.

Sec. 1307. State consideration of smart grid.

Sec. 1308. Study of the effect of private wire laws on the development of combined heat and power facilities.

Sec. 1309. DOE study of security attributes of smart grid systems.

TITLE XIV—POOL AND SPA SAFETY

Sec. 1401. Short title.

Sec. 1402. Findings.

Sec. 1403. Definitions.

Sec. 1404. Federal swimming pool and spa drain cover standard.

Sec. 1405. State swimming pool safety grant program.

Sec. 1406. Minimum State law requirements.

Sec. 1407. Education program.

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Sec. 1408. CPSC report.

TITLE XV—REVENUE PROVISIONS

Sec. 1500. Amendment of 1986 Code.

Sec. 1501. Extension of additional 0.2 percent FUTA surtax.

Sec. 1502. 7-year amortization of geological and geophysical expenditures for cer-tain major integrated oil companies.

TITLE XVI—EFFECTIVE DATE

Sec. 1601. Effective date.

SEC. 2. DEFINITIONS.

In this Act:

(1) DEPARTMENT.—The term ‘‘Department’’ means the

Department of Energy.

(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu-tion of higher education’’ has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Energy.

SEC. 3. RELATIONSHIP TO OTHER LAW.

Except to the extent expressly provided in this Act or an amend-ment made by this Act, nothing in this Act or an amendment made by this Act supersedes, limits the authority provided or responsibility conferred by, or authorizes any violation of any provi-sion of law (including a regulation), including any energy or environ-mental law or regulation.

TITLE I—ENERGY SECURITY THROUGH

IMPROVED VEHICLE FUEL ECONOMY

Subtitle A—Increased Corporate Average Fuel Economy Standards

SEC. 101. SHORT TITLE.

This subtitle may be cited as the ‘‘Ten-in-Ten Fuel Economy Act’’.

SEC. 102. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES

AND CERTAIN OTHER VEHICLES.

(a) INCREASED STANDARDS.—Section 32902 of title 49, United States Code, is amended—

(1) in subsection (a)—

(A) by striking ‘‘NON-PASSENGER AUTOMOBILES.—’’ and inserting ‘‘PRESCRIPTION OF STANDARDS BY REGULA-

TION.—’’;

(B) by striking ‘‘(except passenger automobiles)’’ in sub-section (a); and

(C) by striking the last sentence;

(2) by striking subsection (b) and inserting the following:

‘‘(b) STANDARDS FOR AUTOMOBILES AND CERTAIN OTHER

VEHICLES.—

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‘‘(1) IN GENERAL.—The Secretary of Transportation, after consultation with the Secretary of Energy and the Adminis-trator of the Environmental Protection Agency, shall prescribe separate average fuel economy standards for—

‘‘(A) passenger automobiles manufactured by manufac-turers in each model year beginning with model year 2011 in accordance with this subsection;

‘‘(B) non-passenger automobiles manufactured by manufacturers in each model year beginning with model year 2011 in accordance with this subsection; and

‘‘(C) work trucks and commercial medium-duty or heavy-duty on-highway vehicles in accordance with sub-section (k).

‘‘(2) FUEL ECONOMY STANDARDS FOR AUTOMOBILES.—

‘‘(A) AUTOMOBILE FUEL ECONOMY AVERAGE FOR MODEL

YEARS 2011 THROUGH 2020.—The Secretary shall prescribe a separate average fuel economy standard for passenger automobiles and a separate average fuel economy standard for non-passenger automobiles for each model year begin-ning with model year 2011 to achieve a combined fuel economy average for model year 2020 of at least 35 miles per gallon for the total fleet of passenger and non-passenger automobiles manufactured for sale in the United States for that model year.

‘‘(B) AUTOMOBILE FUEL ECONOMY AVERAGE FOR MODEL

YEARS 2021 THROUGH 2030.—For model years 2021 through 2030, the average fuel economy required to be attained by each fleet of passenger and non-passenger automobiles manufactured for sale in the United States shall be the maximum feasible average fuel economy standard for each fleet for that model year.

‘‘(C) PROGRESS TOWARD STANDARD REQUIRED.—In pre-scribing average fuel economy standards under subpara-graph (A), the Secretary shall prescribe annual fuel economy standard increases that increase the applicable average fuel economy standard ratably beginning with model year 2011 and ending with model year 2020.

‘‘(3) AUTHORITY OF THE SECRETARY.—The Secretary shall—

‘‘(A) prescribe by regulation separate average fuel economy standards for passenger and non-passenger auto-mobiles based on 1 or more vehicle attributes related to fuel economy and express each standard in the form of a mathematical function; and

‘‘(B) issue regulations under this title prescribing aver-age fuel economy standards for at least 1, but not more than 5, model years.

‘‘(4) MINIMUM STANDARD.—In addition to any standard pre-scribed pursuant to paragraph (3), each manufacturer shall also meet the minimum standard for domestically manufac-tured passenger automobiles, which shall be the greater of—

‘‘(A) 27.5 miles per gallon; or ‘‘(B) 92 percent of the average fuel economy projected by the Secretary for the combined domestic and non-domestic passenger automobile fleets manufactured for sale in the United States by all manufacturers in the model year, which projection shall be published in the Federal

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Register when the standard for that model year is promul-gated in accordance with this section.’’; and

(3) in subsection (c)—

(A) by striking ‘‘(1) Subject to paragraph (2) of this subsection, the’’ and inserting ‘‘The’’; and

(B) by striking paragraph (2).

(b) FUEL ECONOMY STANDARD FOR COMMERCIAL MEDIUM-DUTY

AND HEAVY-DUTY ON-HIGHWAY VEHICLES AND WORK TRUCKS.—

Section 32902 of title 49, United States Code, is amended by adding at the end the following:

‘‘(k) COMMERCIAL MEDIUM- AND HEAVY-DUTY ON-HIGHWAY

VEHICLES AND WORK TRUCKS.—

‘‘(1) STUDY.—Not later than 1 year after the National Academy of Sciences publishes the results of its study under section 108 of the Ten-in-Ten Fuel Economy Act, the Secretary of Transportation, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall examine the fuel efficiency of commercial medium- and heavy-duty on-highway vehicles and work trucks and deter-mine—

‘‘(A) the appropriate test procedures and methodologies for measuring the fuel efficiency of such vehicles and work trucks;

‘‘(B) the appropriate metric for measuring and expressing commercial medium- and heavy-duty on-high-way vehicle and work truck fuel efficiency performance, taking into consideration, among other things, the work performed by such on-highway vehicles and work trucks and types of operations in which they are used;

‘‘(C) the range of factors, including, without limitation, design, functionality, use, duty cycle, infrastructure, and total overall energy consumption and operating costs that affect commercial medium- and heavy-duty on-highway vehicle and work truck fuel efficiency; and

‘‘(D) such other factors and conditions that could have an impact on a program to improve commercial medium-and heavy-duty on-highway vehicle and work truck fuel efficiency.

‘‘(2) RULEMAKING.—Not later than 24 months after comple-tion of the study required under paragraph (1), the Secretary, in consultation with the Secretary of Energy and the Adminis-trator of the Environmental Protection Agency, by regulation, shall determine in a rulemaking proceeding how to implement a commercial medium- and heavy-duty on-highway vehicle and work truck fuel efficiency improvement program designed to achieve the maximum feasible improvement, and shall adopt and implement appropriate test methods, measurement metrics, fuel economy standards, and compliance and enforce-ment protocols that are appropriate, cost-effective, and techno-logically feasible for commercial medium- and heavy-duty on-highway vehicles and work trucks. The Secretary may prescribe separate standards for different classes of vehicles under this subsection.

‘‘(3) LEAD-TIME; REGULATORY STABILITY.—The commercial medium- and heavy-duty on-highway vehicle and work truck fuel economy standard adopted pursuant to this subsection shall provide not less than—

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‘‘(A) 4 full model years of regulatory lead-time; and ‘‘(B) 3 full model years of regulatory stability.’’.

SEC. 103. DEFINITIONS.

(a) IN GENERAL.—Section 32901(a) of title 49, United States Code, is amended—

(1) by striking paragraph (3) and inserting the following:

‘‘(3) except as provided in section 32908 of this title, ‘auto-mobile’ means a 4-wheeled vehicle that is propelled by fuel, or by alternative fuel, manufactured primarily for use on public streets, roads, and highways and rated at less than 10,000 pounds gross vehicle weight, except—

‘‘(A) a vehicle operated only on a rail line;

‘‘(B) a vehicle manufactured in different stages by 2 or more manufacturers, if no intermediate or final-stage manufacturer of that vehicle manufactures more than 10,000 multi-stage vehicles per year; or

‘‘(C) a work truck.’’;

(2) by redesignating paragraphs (7) through (16) as para-graphs (8) through (17), respectively;

(3) by inserting after paragraph (6) the following:

‘‘(7) ‘commercial medium- and heavy-duty on-highway vehicle’ means an on-highway vehicle with a gross vehicle weight rating of 10,000 pounds or more.’’;

(4) in paragraph (9)(A), as redesignated, by inserting ‘‘or a mixture of biodiesel and diesel fuel meeting the standard established by the American Society for Testing and Materials or under section 211(u) of the Clean Air Act (42 U.S.C. 7545(u)) for fuel containing 20 percent biodiesel (commonly known as ‘B20’)’’ after ‘‘alternative fuel’’;

(5) by redesignating paragraph (17), as redesignated, as paragraph (18);

(6) by inserting after paragraph (16), as redesignated, the following:

‘‘(17) ‘non-passenger automobile’ means an automobile that is not a passenger automobile or a work truck.’’; and

(7) by adding at the end the following:

‘‘(19) ‘work truck’ means a vehicle that—

‘‘(A) is rated at between 8,500 and 10,000 pounds gross vehicle weight; and

‘‘(B) is not a medium-duty passenger vehicle (as defined in section 86.1803–01 of title 40, Code of Federal Regula-tions, as in effect on the date of the enactment of the Ten-in-Ten Fuel Economy Act).’’.

SEC. 104. CREDIT TRADING PROGRAM.

(a) IN GENERAL.—Section 32903 of title 49, United States Code, is amended—

(1) by striking ‘‘section 32902(b)–(d) of this title’’ each place it appears and inserting ‘‘subsections (a) through (d) of section 32902’’;

(2) in subsection (a)(2)—

(A) by striking ‘‘3 consecutive model years’’ and inserting ‘‘5 consecutive model years’’;

(B) by striking ‘‘clause (1) of this subsection,’’ and inserting ‘‘paragraph (1)’’;

(3) by redesignating subsection (f) as subsection (h); and

(4) by inserting after subsection (e) the following:

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‘‘(f) CREDIT TRADING AMONG MANUFACTURERS.— ‘‘(1) IN GENERAL.—The Secretary of Transportation may establish, by regulation, a fuel economy credit trading program to allow manufacturers whose automobiles exceed the average fuel economy standards prescribed under section 32902 to earn credits to be sold to manufacturers whose automobiles fail to achieve the prescribed standards such that the total oil savings associated with manufacturers that exceed the pre-scribed standards are preserved when trading credits to manu-facturers that fail to achieve the prescribed standards.

‘‘(2) LIMITATION.—The trading of credits by a manufacturer to the category of passenger automobiles manufactured domesti-cally is limited to the extent that the fuel economy level of such automobiles shall comply with the requirements of section 32902(b)(4), without regard to any trading of credits from other manufacturers.

‘‘(g) CREDIT TRANSFERRING WITHIN A MANUFACTURER’S

FLEET.—

‘‘(1) IN GENERAL.—The Secretary of Transportation shall establish by regulation a fuel economy credit transferring pro-gram to allow any manufacturer whose automobiles exceed any of the average fuel economy standards prescribed under section 32902 to transfer the credits earned under this section and to apply such credits within that manufacturer’s fleet to a compliance category of automobiles that fails to achieve the prescribed standards.

‘‘(2) YEARS FOR WHICH USED.—Credits transferred under this subsection are available to be used in the same model years that the manufacturer could have applied such credits under subsections (a), (b), (d), and (e), as well as for the model year in which the manufacturer earned such credits.

‘‘(3) MAXIMUM INCREASE.—The maximum increase in any compliance category attributable to transferred credits is—

‘‘(A) for model years 2011 through 2013, 1.0 mile per gallon;

‘‘(B) for model years 2014 through 2017, 1.5 miles per gallon; and

‘‘(C) for model year 2018 and subsequent model years,

2.0 miles per gallon.

‘‘(4) LIMITATION.—The transfer of credits by a manufacturer to the category of passenger automobiles manufactured domesti-cally is limited to the extent that the fuel economy level of such automobiles shall comply with the requirements under section 32904(b)(4), without regard to any transfer of credits from other categories of automobiles described in paragraph (6)(B).

‘‘(5) YEARS AVAILABLE.—A credit may be transferred under this subsection only if it is earned after model year 2010.

‘‘(6) DEFINITIONS.—In this subsection:

‘‘(A) FLEET.—The term ‘fleet’ means all automobiles manufactured by a manufacturer in a particular model year.

‘‘(B) COMPLIANCE CATEGORY OF AUTOMOBILES.—The term ‘compliance category of automobiles’ means any of the following 3 categories of automobiles for which compli-ance is separately calculated under this chapter:

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‘‘(i) Passenger automobiles manufactured domesti-cally.

‘‘(ii) Passenger automobiles not manufactured domestically.

‘‘(iii) Non-passenger automobiles.’’.

(b) CONFORMING AMENDMENTS.—

(1) LIMITATIONS.—Section 32902(h) of title 49, United States Code, is amended—

(A) in paragraph (1), by striking ‘‘and’’ at the end;

(B) in paragraph (2), by striking the period at the end and inserting ‘‘; and’’; and

(C) by adding at the end the following:

‘‘(3) may not consider, when prescribing a fuel economy standard, the trading, transferring, or availability of credits under section 32903.’’.

(2) SEPARATE CALCULATIONS.—Section 32904(b)(1)(B) is amended by striking ‘‘chapter.’’ and inserting ‘‘chapter, except for the purposes of section 32903.’’.

SEC. 105. CONSUMER INFORMATION.

Section 32908 of title 49, United States Code, is amended by adding at the end the following:

‘‘(g) CONSUMER INFORMATION.— ‘‘(1) PROGRAM.—The Secretary of Transportation, in con-sultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall develop and implement by rule a program to require manufacturers—

‘‘(A) to label new automobiles sold in the United States with—

‘‘(i) information reflecting an automobile’s perform-ance on the basis of criteria that the Administrator shall develop, not later than 18 months after the date of the enactment of the Ten-in-Ten Fuel Economy Act, to reflect fuel economy and greenhouse gas and other emissions over the useful life of the automobile;

‘‘(ii) a rating system that would make it easy for consumers to compare the fuel economy and green-house gas and other emissions of automobiles at the point of purchase, including a designation of auto-mobiles—

‘‘(I) with the lowest greenhouse gas emissions over the useful life of the vehicles; and

‘‘(II) the highest fuel economy; and ‘‘(iii) a permanent and prominent display that an automobile is capable of operating on an alternative fuel; and ‘‘(B) to include in the owner’s manual for vehicles capable of operating on alternative fuels information that describes that capability and the benefits of using alter-native fuels, including the renewable nature and environ-mental benefits of using alternative fuels.

‘‘(2) CONSUMER EDUCATION.—

‘‘(A) IN GENERAL.—The Secretary of Transportation, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall develop and implement by rule a consumer education program to improve consumer understanding of automobile

H. R. 6—13 performance described in paragraph (1)(A)(i) and to inform consumers of the benefits of using alternative fuel in auto-mobiles and the location of stations with alternative fuel capacity.

‘‘(B) FUEL SAVINGS EDUCATION CAMPAIGN.—The Sec-retary of Transportation shall establish a consumer edu-cation campaign on the fuel savings that would be recog-nized from the purchase of vehicles equipped with thermal management technologies, including energy efficient air conditioning systems and glass.

‘‘(3) FUEL TANK LABELS FOR ALTERNATIVE FUEL AUTO-

MOBILES.—The Secretary of Transportation shall by rule require a label to be attached to the fuel compartment of vehicles capable of operating on alternative fuels, with the form of alternative fuel stated on the label. A label attached in compli-ance with the requirements of section 32905(h) is deemed to meet the requirements of this paragraph.

‘‘(4) RULEMAKING DEADLINE.—The Secretary of Transpor-tation shall issue a final rule under this subsection not later than 42 months after the date of the enactment of the Ten-in-Ten Fuel Economy Act.’’.

SEC. 106. CONTINUED APPLICABILITY OF EXISTING STANDARDS.

Nothing in this subtitle, or the amendments made by this subtitle, shall be construed to affect the application of section 32902 of title 49, United States Code, to passenger automobiles or non-passenger automobiles manufactured before model year 2011.

SEC. 107. NATIONAL ACADEMY OF SCIENCES STUDIES.

(a) IN GENERAL.—As soon as practicable after the date of enact-ment of this Act, the Secretary of Transportation shall execute an agreement with the National Academy of Sciences to develop a report evaluating vehicle fuel economy standards, including—

(1) an assessment of automotive technologies and costs to reflect developments since the Academy’s 2002 report evalu-ating the corporate average fuel economy standards was con-ducted;

(2) an analysis of existing and potential technologies that may be used practically to improve automobile and medium-duty and heavy-duty truck fuel economy;

(3) an analysis of how such technologies may be practically integrated into the automotive and medium-duty and heavy-duty truck manufacturing process; and

(4) an assessment of how such technologies may be used to meet the new fuel economy standards under chapter 329 of title 49, United States Code, as amended by this subtitle.

(b) REPORT.—The Academy shall submit the report to the Sec-retary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Energy and Commerce of the House of Representatives, with its findings and recommenda-tions not later than 5 years after the date on which the Secretary executes the agreement with the Academy.

(c) QUINQUENNIAL UPDATES.—After submitting the initial report, the Academy shall update the report at 5 year intervals thereafter through 2025.

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SEC. 108. NATIONAL ACADEMY OF SCIENCES STUDY OF MEDIUM-DUTY

AND HEAVY-DUTY TRUCK FUEL ECONOMY.

(a) IN GENERAL.—As soon as practicable after the date of enact-ment of this Act, the Secretary of Transportation shall execute an agreement with the National Academy of Sciences to develop a report evaluating medium-duty and heavy-duty truck fuel economy standards, including—

(1) an assessment of technologies and costs to evaluate fuel economy for medium-duty and heavy-duty trucks;

(2) an analysis of existing and potential technologies that may be used practically to improve medium-duty and heavy-duty truck fuel economy;

(3) an analysis of how such technologies may be practically integrated into the medium-duty and heavy-duty truck manu-facturing process;

(4) an assessment of how such technologies may be used to meet fuel economy standards to be prescribed under section 32902(k) of title 49, United States Code, as amended by this subtitle; and

(5) associated costs and other impacts on the operation of medium-duty and heavy-duty trucks, including congestion.

(b) REPORT.—The Academy shall submit the report to the Sec-retary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Energy and Commerce of the House of Representatives, with its findings and recommenda-tions not later than 1 year after the date on which the Secretary executes the agreement with the Academy.

SEC. 109. EXTENSION OF FLEXIBLE FUEL VEHICLE CREDIT PROGRAM.

(a) IN GENERAL.—Section 32906 of title 49, United States Code, is amended to read as follows:

‘‘§ 32906. Maximum fuel economy increase for alternative fuel automobiles

‘‘(a) IN GENERAL.—For each of model years 1993 through 2019 for each category of automobile (except an electric automobile), the maximum increase in average fuel economy for a manufacturer attributable to dual fueled automobiles is—

‘‘(1) 1.2 miles a gallon for each of model years 1993 through 2014;

‘‘(2) 1.0 miles per gallon for model year 2015;

‘‘(3) 0.8 miles per gallon for model year 2016;

‘‘(4) 0.6 miles per gallon for model year 2017;

‘‘(5) 0.4 miles per gallon for model year 2018;

‘‘(6) 0.2 miles per gallon for model year 2019; and ‘‘(7) 0 miles per gallon for model years after 2019.

‘‘(b) CALCULATION.—In applying subsection (a), the Adminis-trator of the Environmental Protection Agency shall determine the increase in a manufacturer’s average fuel economy attributable to dual fueled automobiles by subtracting from the manufacturer’s average fuel economy calculated under section 32905(e) the number equal to what the manufacturer’s average fuel economy would be if it were calculated by the formula under section 32904(a)(1) by including as the denominator for each model of dual fueled auto-mobiles the fuel economy when the automobiles are operated on gasoline or diesel fuel.’’.

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(b) CONFORMING AMENDMENTS.—Section 32905 of title 49, United States Code, is amended—

(1) in subsection (b), by striking ‘‘1993–2010,’’ and inserting ‘‘1993 through 2019,’’;

(2) in subsection (d), by striking ‘‘1993–2010,’’ and inserting ‘‘1993 through 2019,’’;

(3) by striking subsections (f) and (g); and

(4) by redesignating subsection (h) as subsection (f).

(c) B20 BIODIESEL FLEXIBLE FUEL CREDIT.—Section 32905(b)(2) of title 49, United States Code, is amended to read as follows:

‘‘(2) .5 divided by the fuel economy— ‘‘(A) measured under subsection (a) when operating the model on alternative fuel; or ‘‘(B) measured based on the fuel content of B20 when operating the model on B20, which is deemed to contain

0.15 gallon of fuel.’’.

SEC. 110. PERIODIC REVIEW OF ACCURACY OF FUEL ECONOMY

LABELING PROCEDURES.

Beginning in December 2009, and not less often than every 5 years thereafter, the Administrator of the Environmental Protec-tion Agency, in consultation with the Secretary of Transportation, shall—

(1) reevaluate the fuel economy labeling procedures described in the final rule published in the Federal Register on December 27, 2006 (71 Fed. Reg. 77,872; 40 CFR parts 86 and 600) to determine whether changes in the factors used to establish the labeling procedures warrant a revision of that process; and

(2) submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives that describes the results of the reevaluation process.

SEC. 111. CONSUMER TIRE INFORMATION.

(a) IN GENERAL.—Chapter 323 of title 49, United States Code, is amended by inserting after section 32304 the following:

‘‘§ 32304A. Consumer tire information ‘‘(a) RULEMAKING.—

‘‘(1) IN GENERAL.—Not later than 24 months after the date of enactment of the Ten-in-Ten Fuel Economy Act, the Secretary of Transportation shall, after notice and opportunity for com-ment, promulgate rules establishing a national tire fuel effi-ciency consumer information program for replacement tires designed for use on motor vehicles to educate consumers about the effect of tires on automobile fuel efficiency, safety, and durability.

‘‘(2) ITEMS INCLUDED IN RULE.—The rulemaking shall include—

‘‘(A) a national tire fuel efficiency rating system for motor vehicle replacement tires to assist consumers in making more educated tire purchasing decisions;

‘‘(B) requirements for providing information to con-sumers, including information at the point of sale and other potential information dissemination methods, including the Internet;

H. R. 6—16

‘‘(C) specifications for test methods for manufacturers to use in assessing and rating tires to avoid variation among test equipment and manufacturers; and

‘‘(D) a national tire maintenance consumer education program including, information on tire inflation pressure, alignment, rotation, and tread wear to maximize fuel effi-ciency, safety, and durability of replacement tires.

‘‘(3) APPLICABILITY.—This section shall apply only to replacement tires covered under section 575.104(c) of title 49, Code of Federal Regulations, in effect on the date of the enact-ment of the Ten-in-Ten Fuel Economy Act.

‘‘(b) CONSULTATION.—The Secretary shall consult with the Sec-retary of Energy and the Administrator of the Environmental Protection Agency on the means of conveying tire fuel efficiency consumer information.

‘‘(c) REPORT TO CONGRESS.—The Secretary shall conduct peri-odic assessments of the rules promulgated under this section to determine the utility of such rules to consumers, the level of cooperation by industry, and the contribution to national goals pertaining to energy consumption. The Secretary shall transmit periodic reports detailing the findings of such assessments to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce.

‘‘(d) TIRE MARKING.—The Secretary shall not require permanent labeling of any kind on a tire for the purpose of tire fuel efficiency information.

‘‘(e) APPLICATION WITH STATE AND LOCAL LAWS AND REGULA- TIONS.—Nothing in this section prohibits a State or political subdivi-sion thereof from enforcing a law or regulation on tire fuel efficiency consumer information that was in effect on January 1, 2006. After a requirement promulgated under this section is in effect, a State or political subdivision thereof may adopt or enforce a law or regulation on tire fuel efficiency consumer information enacted or promulgated after January 1, 2006, if the requirements of that law or regulation are identical to the requirement promulgated under this section. Nothing in this section shall be construed to preempt a State or political subdivision thereof from regulating the fuel efficiency of tires (including establishing testing methods for determining compliance with such standards) not otherwise preempted under this chapter.’’.

(b) ENFORCEMENT.—Section 32308 of title 49, United States Code, is amended—

(1) by redesignating subsections (c) and (d) as subsections

(d) and (e), respectively; and

(2) by inserting after subsection (b) the following:

‘‘(c) SECTION 32304A.—Any person who fails to comply with the national tire fuel efficiency information program under section 32304A is liable to the United States Government for a civil penalty of not more than $50,000 for each violation.’’.

(c) CONFORMING AMENDMENT.—The chapter analysis for chapter 323 of title 49, United States Code, is amended by inserting after the item relating to section 32304 the following:

‘‘32304A. Consumer tire information’’.

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SEC. 112. USE OF CIVIL PENALTIES FOR RESEARCH AND DEVELOP-

MENT.

Section 32912 of title 49, United States Code, is amended by adding at the end the following:

‘‘(e) USE OF CIVIL PENALTIES.—For fiscal year 2008 and each fiscal year thereafter, from the total amount deposited in the general fund of the Treasury during the preceding fiscal year from fines, penalties, and other funds obtained through enforcement actions conducted pursuant to this section (including funds obtained under consent decrees), the Secretary of the Treasury, subject to the availability of appropriations, shall—

‘‘(1) transfer 50 percent of such total amount to the account providing appropriations to the Secretary of Transportation for the administration of this chapter, which shall be used by the Secretary to support rulemaking under this chapter;

and

‘‘(2) transfer 50 percent of such total amount to the account providing appropriations to the Secretary of Transportation for the administration of this chapter, which shall be used by the Secretary to carry out a program to make grants to manufacturers for retooling, reequipping, or expanding existing manufacturing facilities in the United States to produce advanced technology vehicles and components.’’.

SEC. 113. EXEMPTION FROM SEPARATE CALCULATION REQUIREMENT.

(a) REPEAL.—Paragraphs (6), (7), and (8) of section 32904(b) of title 49, United States Code, are repealed.

(b) EFFECT OF REPEAL ON EXISTING EXEMPTIONS.—Any exemp-tion granted under section 32904(b)(6) of title 49, United States Code, prior to the date of the enactment of this Act shall remain in effect subject to its terms through model year 2013.

(c) ACCRUAL AND USE OF CREDITS.—Any manufacturer holding an exemption under section 32904(b)(6) of title 49, United States Code, prior to the date of the enactment of this Act may accrue and use credits under sections 32903 and 32905 of such title begin-ning with model year 2011.

Subtitle B—Improved Vehicle Technology

SEC. 131. TRANSPORTATION ELECTRIFICATION.

(a) DEFINITIONS.—In this section:

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the

Administrator of the Environmental Protection Agency.

(2) BATTERY.—The term ‘‘battery’’ means an electrochemical energy storage system powered directly by electrical current.

(3) ELECTRIC TRANSPORTATION TECHNOLOGY.—The term

‘‘electric transportation technology’’ means—

(A) technology used in vehicles that use an electric motor for all or part of the motive power of the vehicles, including battery electric, hybrid electric, plug-in hybrid electric, fuel cell, and plug-in fuel cell vehicles, or rail transportation; or

(B) equipment relating to transportation or mobile sources of air pollution that use an electric motor to replace an internal combustion engine for all or part of the work of the equipment, including—

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(i) corded electric equipment linked to transpor-tation or mobile sources of air pollution; and

(ii) electrification technologies at airports, ports, truck stops, and material-handling facilities.

(4) NONROAD VEHICLE.—The term ‘‘nonroad vehicle’’ means a vehicle—

(A) powered—

(i) by a nonroad engine, as that term is defined in section 216 of the Clean Air Act (42 U.S.C. 7550);

or

(ii) fully or partially by an electric motor powered by a fuel cell, a battery, or an off-board source of electricity; and

(B) that is not a motor vehicle or a vehicle used solely for competition.

(5) PLUG-IN ELECTRIC DRIVE VEHICLE.—The term ‘‘plug-in electric drive vehicle’’ means a vehicle that—

(A) draws motive power from a battery with a capacity of at least 4 kilowatt-hours;

(B) can be recharged from an external source of elec-tricity for motive power; and

(C) is a light-, medium-, or heavy-duty motor vehicle or nonroad vehicle (as those terms are defined in section 216 of the Clean Air Act (42 U.S.C. 7550)).

(6) QUALIFIED ELECTRIC TRANSPORTATION PROJECT.—The term ‘‘qualified electric transportation project’’ means an electric transportation technology project that would significantly reduce emissions of criteria pollutants, greenhouse gas emis-sions, and petroleum, including—

(A) shipside or shoreside electrification for vessels;

(B) truck-stop electrification;

(C) electric truck refrigeration units;

(D) battery-powered auxiliary power units for trucks;

(E) electric airport ground support equipment;

(F) electric material and cargo handling equipment;

(G) electric or dual-mode electric rail;

(H) any distribution upgrades needed to supply elec-tricity to the project; and

(I) any ancillary infrastructure, including panel upgrades, battery chargers, in-situ transformers, and trenching.

(b) PLUG-IN ELECTRIC DRIVE VEHICLE PROGRAM.—

(1) ESTABLISHMENT.—The Secretary shall establish a competitive program to provide grants on a cost-shared basis to State governments, local governments, metropolitan transportation authorities, air pollution control districts, private or nonprofit entities, or combinations of those governments, authorities, districts, and entities, to carry out one or more projects to encourage the use of plug-in electric drive vehicles or other emerging electric vehicle technologies, as determined by the Secretary.

(2) ADMINISTRATION.—The Secretary shall, in consultation with the Secretary of Transportation and the Administrator, establish requirements for applications for grants under this section, including reporting of data to be summarized for dissemination to grantees and the public, including safety, H. R. 6—19 vehicle, and component performance, and vehicle and compo-nent life cycle costs.

(3) PRIORITY.—In making awards under this subsection, the Secretary shall—

(A) give priority consideration to applications that—

(i) encourage early widespread use of vehicles described in paragraph (1); and

(ii) are likely to make a significant contribution to the advancement of the production of the vehicles in the United States; and

(B) ensure, to the maximum extent practicable, that the program established under this subsection includes a variety of applications, manufacturers, and end-uses.

(4) REPORTING.—The Secretary shall require a grant recipient under this subsection to submit to the Secretary, on an annual basis, data relating to safety, vehicle performance, life cycle costs, and emissions of vehicles demonstrated under the grant, including emissions of greenhouse gases.

(5) COST…