USHR 6
Energy Independence and Security Act of 2007
- Jurisdiction:
- United States (federal)
- Type:
- Recycled Content
- Last action:
- Dec 19, 2007
BiobasedElectronicsAll
EISA drives resource efficiency across the federal enterprise and the economy, including federal building/fleet efficiency, a renewable fuel standard, and Section 525 sustainability and recovered/biobased procurement obligations for agencies. Its circular-economy relevance is chiefly materials- and energy-efficiency and federal green-procurement mandates rather than a recycling takeback scheme.
Full bill text
[110th Congress Public Law 140] [From the U.S. Government Publishing Office] [[Page 1491]] ENERGY INDEPENDENCE AND SECURITY ACT OF 2007 [[Page 121 STAT. 1492]] Public Law 110-140 110th Congress 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. <<NOTE: Dec. 19, 2007 - [H.R. 6]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress <<NOTE: Energy Independence and Security Act of 2007. 42 USC 17001 note.>> 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 vehicles. 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. [[Page 121 STAT. 1493]] 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 advance Sec. 471. Energy sustainability and efficiency grants and loans for institutions. ``(i) Planted crops and crop residue harvested from agricultural land cleared or cultivated at any time prior to the enactment of this sentence that is either actively managed or fallow, and nonforested. ``(ii) Planted trees and tree residue from actively managed tree plantations on non-federal land cleared at any time prior to enactment of this sentence, including land belonging to an Indian tribe or an Indian individual, that is held in trust by the United States or subject to a restriction against alienation imposed by the United States. ``(iii) Animal waste material and animal byproducts. ``(iv) Slash and pre-commercial thinnings that are from non-federal forestlands, including forestlands belonging to an Indian tribe or an Indian individual, that are held in trust by the United States or subject to a restriction against alienation imposed by the United States, but not forests or forestlands that are ecological communities with a global or State ranking of critically imperiled, imperiled, or rare pursuant to a State Natural Heritage Program, old growth forest, or late successional forest. ``(v) Biomass obtained from the immediate vicinity of buildings and other areas regularly occupied by people, or of public infrastructure, at risk from wildfire. ``(vi) Algae. ``(vii) Separated yard waste or food waste, including recycled cooking and trap grease. ``(J) Renewable fuel.--The term `renewable fuel' means fuel that is produced from renewable biomass and that is used to replace or reduce the quantity of fossil fuel present in a transportation fuel. ``(K) Small refinery.--The term `small refinery' means a refinery for which the average aggregate daily crude oil throughput for a calendar year (as determined by dividing the aggregate throughput for the calendar year by the number of days in the calendar year) does not exceed 75,000 barrels. ``(L) Transportation fuel.--The term `transportation fuel' means fuel for use in motor vehicles, motor vehicle engines, nonroad vehicles, or nonroad engines (except for ocean-going vessels).''. (a) In General.--Section 977 of the Energy Policy Act of 2005 (42 U.S.C. 16317) is amended-- (1) in subsection (a)(1), by striking ``and computational biology'' and inserting ``computational biology, and environmental science''; and (2) in subsection (b)-- (A) in paragraph (1), by inserting ``in sustainable production systems that reduce greenhouse gas emissions'' after ``hydrogen''; (B) in paragraph (3), by striking ``and'' at the end; (C) by redesignating paragraph (4) as paragraph (5); and (D) by inserting after paragraph (3) the following: ``(4) develop cellulosic and other feedstocks that are less resource and land intensive and that promote sustainable use of resources, including soil, water, energy, forests, and land, and ensure protection of air, water, and soil quality; and''. as a total quantity and a percentage), and a plan to collect and disseminate petroleum displacement and other relevant data relating to the project to be funded under the grant, over the expected life of the project; (dd) a description of the means by which the project will be sustainable without Federal assistance after the completion of the term of the grant; (ee) a complete description of the costs of the project, including acquisition, construction, operation, and maintenance costs over the expected life of the project; and (ff) a description of which costs of the project will be supported by Federal assistance under this subsection. (B) Partners.--An applicant under subparagraph (A) may carry out a project under the pilot program in partnership with public and private entities. (4) Selection criteria.--In evaluating applications under the pilot program, the Secretary shall-- (A) consider the experience of each applicant with previous, similar projects; and (B) give priority consideration to applications that-- (i) are most likely to maximize displacement of petroleum consumption, measured as a total quantity and a percentage; (ii) are best able to incorporate existing infrastructure while maximizing, to the extent practicable, the use of advanced biofuels; (iii) demonstrate the greatest commitment on the part of the applicant to ensure funding for the proposed project and the greatest likelihood that the project will be maintained or expanded after Federal assistance under this subsection is completed; (iv) represent a partnership of public and private entities; and (v) exceed the minimum requirements of paragraph (3)(A)(ii). (5) Pilot project requirements.-- (A) Maximum amount.--The Secretary shall provide not more than $20,000,000 in Federal assistance under the pilot program to any applicant. (B) Cost sharing.--The non-Federal share of the cost of any activity relating to renewable fuel blend infrastructure development carried out using funds from a grant under this subsection shall be not less than 20 percent. (C) Maximum period of grants.--The Secretary shall not provide funds to any applicant under the pilot program for more than 2 years. (D) Deployment and distribution.--The Secretary shall seek, to the maximum extent practicable, to ensure a broad geographic distribution of project sites funded by grants under this subsection. (E) Transfer of information and knowledge.--The Secretary shall establish mechanisms to ensure that the information and knowledge gained by participants in the be adopted in the absence of cost-effective technology and practices programs, as determined by the Administrator. (10) Geothermal heat pump.--The term ``geothermal heat pump'' means any heating or air conditioning technology that-- (A) uses the ground or ground water as a thermal energy source to heat, or as a thermal energy sink to cool, a building; and (B) meets the requirements of the Energy Star program of the Environmental Protection Agency applicable to geothermal heat pumps on the date of purchase of the technology. (11) GSA facility.-- (A) In general.--The term ``GSA facility'' means any building, structure, or facility, in whole or in part (including the associated support systems of the building, structure, or facility) that-- (i) is constructed (including facilities constructed for lease), renovated, or purchased, in whole or in part, by the Administrator for use by the Federal Government; or (ii) is leased, in whole or in part, by the Administrator for use by the Federal Government-- (I) except as provided in subclause (II), for a term of not less than 5 years; or (II) for a term of less than 5 years, if the Administrator determines that use of cost-effective technologies and practices would result in the payback of expenses. (B) Inclusion.--The term ``GSA facility'' includes any group of buildings, structures, or facilities described in subparagraph (A) (including the associated energy-consuming support systems of the buildings, structures, and facilities). (C) Exemption.--The Administrator may exempt from the definition of ``GSA facility'' under this paragraph a building, structure, or facility that meets the requirements of section 543(c) of Public Law 95-619 (42 U.S.C. 8253(c)). (12) High-performance building.--The term ``high-performance building'' means a building that integrates and optimizes on a life cycle basis all major high performance attributes, including energy conservation, environment, safety, security, durability, accessibility, cost-benefit, productivity, sustainability, functionality, and operational considerations. (13) High-performance green building.--The term ``high- performance green building'' means a high-performance building that, during its life-cycle, as compared with similar buildings (as measured by Commercial Buildings Energy Consumption Survey or Residential Energy Consumption Survey data from the Energy Information Agency)-- (A) reduces energy, water, and material resource use; (B) improves indoor environmental quality, including reducing indoor pollution, improving thermal comfort, and improving lighting and acoustic environments that affect occupant health and productivity; (C) reduces negative impacts on the environment throughout the life-cycle of the building, including air and water pollution and waste generation; (D) increases the use of environmentally preferable products, including biobased, recycled content, and nontoxic products with lower life-cycle impacts; (E) increases reuse and recycling opportunities; (F) integrates systems in the building; (G) reduces the environmental and energy impacts of transportation through building location and site design that support a full range of transportation choices for users of the building; and (H) considers indoor and outdoor effects of the building on human health and the environment, including-- (i) improvements in worker productivity; (ii) the life-cycle impacts of building materials and operations; and (iii) other factors that the Federal Director or the Commercial Director consider to be appropriate. (14) Life-cycle.--The term ``life-cycle'', with respect to a high-performance green building, means all stages of the useful life of the building (including components, equipment, systems, and controls of the building) beginning at conception of a high- performance green building project and continuing through site selection, design, construction, landscaping, commissioning, operation, maintenance, renovation, deconstruction or demolition, removal, and recycling of the high-performance green building. (15) Life-cycle assessment.--The term ``life-cycle assessment'' means a comprehensive system approach for measuring the environmental performance of a product or service over the life of the product or service, beginning at raw materials acquisition and continuing through manufacturing, transportation, installation, use, reuse, and end-of-life waste management. (16) Life-cycle costing.--The term ``life-cycle costing'', with respect to a high-performance green building, means a technique of economic evaluation that-- (A) sums, over a given study period, the costs of initial investment (less resale value), replacements, operations (including energy use), and maintenance and repair of an investment decision; and (B) is expressed-- (i) in present value terms, in the case of a study period equivalent to the longest useful life of the building, determined by taking into consideration the typical life of such a building in the area in which the building is to be located; or (ii) in annual value terms, in the case of any other study period. (17) Office of commercial high-performance green buildings.--The term ``Office of Commercial High-Performance Green Buildings'' means the Office of Commercial High- Performance Green Buildings established under section 421(a). (18) Office of federal high-performance green buildings.-- The term ``Office of Federal High-Performance Green Buildings'' means the Office of Federal High-Performance Green Buildings established under section 436(a). (19) Practices.--The term ``practices'' means design, financing, permitting, construction, commissioning, operation (b) Sustainable <<NOTE: 42 USC 6872 note.>> Energy Resources for Consumers Grants.-- (1) In general.--The Secretary may make funding available to local weatherization agencies from amounts authorized under the amendment made by subsection (a) to expand the weatherization assistance program for residential buildings to include materials, benefits, and renewable and domestic energy technologies not covered by the program (as of the date of enactment of this Act), if the State weatherization grantee certifies that the applicant has the capacity to carry out the proposed activities and that the grantee will include the project in the financial oversight of the grantee of the weatherization assistance program. (2) Priority.--In selecting grant recipients under this subsection, the Secretary shall give priority to-- (A) the expected effectiveness and benefits of the proposed project to low- and moderate-income energy consumers; (B) the potential for replication of successful results; (C) the impact on the health and safety and energy costs of consumers served; and (D) the extent of partnerships with other public and private entities that contribute to the resources and implementation of the program, including financial partnerships. (3) Funding.-- (A) In general.--Except as provided in paragraph (2), the amount of funds used for projects described in paragraph (1) may equal up to 2 percent of the amount of funds made available for any fiscal year under section 422 of the Energy Conservation and Production Act (42 U.S.C. 6872). (B) Exception.--No funds may be used for sustainable energy resources for consumers grants for a fiscal year under this subsection if the amount of funds made available for the fiscal year to carry out the Weatherization Assistance Program for Low-Income Persons established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) is less than $275,000,000. ``(III) <<NOTE: Applicability. Deadline.>> Sustainable design principles shall be applied to the siting, design, and construction of such buildings. Not later than 90 days after the date of enactment of the Energy Independence and Security Act of 2007, the Secretary, after reviewing the findings of the Federal Director under section 436(h) of that Act, in consultation with the Administrator of General Services, and in consultation with the Secretary of Defense for considerations relating to those facilities under the custody and control of the Department of Defense, shall identify a certification system and level for green buildings that the Secretary determines to be the most likely to encourage a comprehensive and environmentally- sound approach to certification of green buildings. The identification of the certification system and level shall be based on a review of the Federal Director's findings under section 436(h) of the Energy Independence and Security Act of 2007 and the criteria specified in clause (iii), shall identify the highest level the Secretary determines is appropriate above the minimum level required for certification under the system selected, and shall achieve results at least comparable to the system used by and highest level referenced by the General Services Administration as of the date of enactment of the Energy Independence and Security Act of 2007. Within <<NOTE: Deadline.>> 90 days of the completion of each study required by clause (iv), the Secretary, in consultation with the Administrator of General Services, and in consultation with the Secretary of Defense for considerations relating to those facilities under the custody and control of the Department of Defense, shall review and update the certification system and level, taking into account the conclusions of such study. ``(ii) In establishing criteria for identifying major renovations that are subject to the requirements of this subparagraph, the Secretary shall take into account the scope, degree, and types of renovations that are likely to provide significant opportunities for substantial improvements in energy efficiency. ``(iii) In identifying the green building certification system and level, the Secretary shall take into consideration-- ``(I) the ability and availability of assessors and auditors to independently verify the criteria and measurement of metrics at the scale necessary to implement this subparagraph; ``(II) the ability of the applicable certification organization to collect and reflect public comment; ``(III) the ability of the standard to be developed and revised through a consensus-based process; ``(IV) an evaluation of the robustness of the criteria for a high-performance green building, which shall give credit for promoting-- ``(aa) efficient and sustainable use of water, energy, and other natural resources; ``(bb) use of renewable energy sources; ``(cc) improved indoor environmental quality through enhanced indoor air quality, thermal comfort, acoustics, day lighting, pollutant source control, and use of low-emission materials and building system controls; and ``(dd) such other criteria as the Secretary determines to be appropriate; and ``(V) national recognition within the building industry. ``(iv) <<NOTE: Study.>> At least once every 5 years, and in accordance with section 436 of the Energy Independence and Security Act of 2007, the Administrator of General Services shall conduct a study to evaluate and compare available third- party green building certification systems and levels, taking into account the criteria listed in clause (iii). ``(v) The Secretary may by rule allow Federal agencies to develop internal certification processes, using certified professionals, in lieu of certification by the certification entity identified under clause (i)(III). <<NOTE: Guidelines.>> The Secretary shall include in any such rule guidelines to ensure that the certification process results in buildings meeting the applicable certification system and level identified under clause (i)(III). An agency employing an internal certification process must continue to obtain external certification by the certification entity identified under clause (i)(III) for at least 5 percent of the total number of buildings certified annually by the agency. ``(vi) With respect to privatized military housing, the Secretary of Defense, after consultation with the Secretary may, through rulemaking, develop alternative criteria to those established by subclauses (I) and (III) of clause (i) that achieve an equivalent result in terms of energy savings, sustainable design, and green building performance. ``(vii) In addition to any use of water conservation technologies otherwise required by this section, water conservation technologies shall be applied to the extent that the technologies are life-cycle cost-effective.''. (C) the ability of the applicable standard-setting organization to collect and reflect public comment; (D) the ability of the standard to be developed and revised through a consensus-based process; (E) an evaluation of the robustness of the criteria for a high-performance green building, which shall give credit for promoting-- (i) efficient and sustainable use of water, energy, and other natural resources; (ii) use of renewable energy sources; (iii) improved indoor environmental quality through enhanced indoor air quality, thermal comfort, acoustics, day lighting, pollutant source control, and use of low-emission materials and building system controls; (iv) reduced impacts from transportation through building location and site design that promote access by public transportation; and (v) such other criteria as the Federal Director determines to be appropriate; and (F) national recognition within the building industry. section 528 and the Environmental Stewardship Scorecard announced at the White House summit on Federal sustainable buildings in January 2006, to measure the implementation by each Federal agency of sustainable design and green building initiatives. (b) Establishment of Program.--The Secretary shall establish a program under which the Secretary, in cooperation with energy-intensive industries and national industry trade associations representing the energy-intensive industries, shall support, research, develop, and promote the use of new materials processes, technologies, and techniques to optimize energy efficiency and the economic competitiveness of the United States' industrial and commercial sectors. (c) Partnerships.-- (1) In general.--As part of the program, the Secretary shall establish energy efficiency partnerships between the Secretary and eligible entities to conduct research on, develop, and demonstrate new processes, technologies, and operating practices and techniques to significantly improve the energy efficiency of equipment and processes used by energy-intensive industries, including the conduct of activities to-- (A) increase the energy efficiency of industrial processes and facilities; (B) research, develop, and demonstrate advanced technologies capable of energy intensity reductions and increased environmental performance; and (C) promote the use of the processes, technologies, and techniques described in subparagraphs (A) and (B). (2) Eligible activities.--Partnership activities eligible for funding under this subsection include-- (A) feedstock and recycling research, development, and demonstration activities to identify and promote-- (i) opportunities for meeting industry feedstock requirements with more energy efficient and flexible sources of feedstock or energy supply; (ii) strategies to develop and deploy technologies that improve the quality and quantity of feedstocks recovered from process and waste streams; and (iii) other methods using recycling, reuse, and improved industrial materials; (B) research to develop and demonstrate technologies and processes that utilize alternative energy sources to supply heat, power, and new feedstocks for energy- intensive industries; (C) research to achieve energy efficiency in steam, power, control system, and process heat technologies, and in other manufacturing processes; and (D) industrial and commercial energy efficiency and sustainability assessments to-- (i) assist individual industrial and commercial sectors in developing tools, techniques, and methodologies to assess-- (I) the unique processes and facilities of the sectors; (II) the energy utilization requirements of the sectors; and (III) the application of new, more energy efficient technologies; and (ii) conduct energy savings assessments; (E) the incorporation of technologies and innovations that would significantly improve the energy efficiency and utilization of energy-intensive commercial applications; and (F) any other activities that the Secretary determines to be appropriate. (3) Proposals.-- (A) In general.--To be eligible for funding under this subsection, a partnership shall submit to the Secretary a proposal that describes the proposed research, development, or demonstration activity to be conducted by the partnership. (B) Review.--After reviewing the scientific, technical, and commercial merit of a proposals submitted under subparagraph (A), the Secretary shall approve or disapprove the proposal. (C) Competitive awards.--The provision of funding under this subsection shall be on a competitive basis. (4) Cost-sharing requirement.--In carrying out this section, the Secretary shall require cost sharing in accordance with section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352). (a) In General.--The <<NOTE: Contracts.>> Administrator of the Environmental Protection Agency shall enter into an arrangement with the Secretary of Education and the Secretary of Energy to conduct a detailed study of how sustainable building features such as energy efficiency affect multiple perceived indoor environmental quality stressors on students in K-12 schools. (b) Contents.--The study shall-- (1) investigate the combined effect building stressors such as heating, cooling, humidity, lighting, and acoustics have on building occupants' health, productivity, and overall well- being; (2) identify how sustainable building features, such as energy efficiency, are influencing these human outcomes singly and in concert; and (3) ensure that the impacts of the indoor environmental quality are evaluated as a whole. SEC. 471. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS AND LOANS FOR INSTITUTIONS. ``SEC. 399A. ENERGY <<NOTE: 42 USC 6371h-1.>> SUSTAINABILITY AND EFFICIENCY GRANTS AND LOANS FOR INSTITUTIONS. ``(a) Definitions.--In this section: ``(1) Combined heat and power.--The term `combined heat and power' means the generation of electric energy and heat in a single, integrated system, with an overall thermal efficiency of 60 percent or greater on a higher-heating-value basis. ``(2) District energy systems.--The term `district energy systems' means systems providing thermal energy from a renewable energy source, thermal energy source, or highly efficient technology to more than 1 building or fixed energy-consuming use from 1 or more thermal-energy production facilities through pipes or other means to provide space heating, space conditioning, hot water, steam, compression, process energy, or other end uses for that energy. ``(3) Energy sustainability.--The term `energy sustainability' includes using a renewable energy source, thermal energy source, or a highly efficient technology for transportation, electricity generation, heating, cooling, lighting, or other energy services in fixed installations. ``(4) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). ``(5) Institutional entity.--The term `institutional entity' means an institution of higher education, a public school district, a local government, a municipal utility, or a designee of 1 of those entities. ``(6) Renewable energy source.--The term `renewable energy source' has the meaning given the term in section 609 of the Public Utility Regulatory Policies Act of 1978 (7 U.S.C. 918c). ``(7) Sustainable energy infrastructure.--The term `sustainable energy infrastructure' means-- ``(A) facilities for production of energy from renewable energy sources, thermal energy sources, or highly efficient technologies, including combined heat and power or other waste heat use; and ``(B) district energy systems. ``(8) Thermal energy source.--The term `thermal energy source' means-- ``(A) a natural source of cooling or heating from lake or ocean water; and ``(B) recovery of useful energy that would otherwise be wasted from ongoing energy uses. ``(b) Technical Assistance Grants.-- ``(1) In general.--Subject to the availability of appropriated funds, the Secretary shall implement a program of information dissemination and technical assistance to institutional entities to assist the institutional entities in identifying, evaluating, designing, and implementing sustainable energy infrastructure projects in energy sustainability. ``(2) Assistance.--The Secretary shall support institutional entities in-- ``(A) identification of opportunities for sustainable energy infrastructure; ``(B) understanding the technical and economic characteristics of sustainable energy infrastructure; ``(C) utility interconnection and negotiation of power and fuel contracts; ``(D) understanding financing alternatives; ``(E) permitting and siting issues; ``(F) obtaining case studies of similar and successful sustainable energy infrastructure systems; and ``(G) reviewing and obtaining computer software for assessment, design, and operation and maintenance of sustainable energy infrastructure systems. ``(3) Eligible costs for technical assistance grants.--On receipt of an application of an institutional entity, the Secretary may make grants to the institutional entity to fund a portion of the cost of-- ``(A) feasibility studies to assess the potential for implementation or improvement of sustainable energy infrastructure; ``(B) analysis and implementation of strategies to overcome barriers to project implementation, including financial, contracting, siting, and permitting barriers; and ``(C) detailed engineering of sustainable energy infrastructure. ``(c) Grants for Energy Efficiency Improvement and Energy Sustainability.-- ``(1) Grants.-- ``(A) In general.--The Secretary shall award grants to institutional entities to carry out projects to improve energy efficiency on the grounds and facilities of the institutional entity. ``(B) Requirement.--To the extent that applications have been submitted, grants under subparagraph (A) shall include not less than 1 grant each year to an institution of higher education in each State. ``(C) Minimum funding.--Not less than 50 percent of the total funding for all grants under this subsection shall be awarded in grants to institutions of higher education. ``(2) Criteria.--Evaluation of projects for grant funding shall be based on criteria established by the Secretary, including criteria relating to-- ``(A) improvement in energy efficiency; ``(B) reduction in greenhouse gas emissions and other air emissions, including criteria air pollutants and ozone-depleting refrigerants; ``(C) increased use of renewable energy sources or thermal energy sources; ``(D) reduction in consumption of fossil fuels; ``(E) active student participation; and ``(F) need for funding assistance. ``(3) Condition.--As a condition of receiving a grant under this subsection, an institutional entity shall agree-- ``(A) to implement a public awareness campaign concerning the project in the community in which the institutional entity is located; and ``(B) to submit to the Secretary, and make available to the public, reports on any efficiency improvements, energy cost savings, and environmental benefits achieved as part of a project carried out under paragraph (1), ``(d) Grants for Innovation in Energy Sustainability.-- ``(1) Grants.-- ``(A) In general.--The Secretary shall award grants to institutional entities to engage in innovative energy sustainability projects. ``(B) Requirement.--To the extent that applications have been submitted, grants under subparagraph (A) shall include not less than 2 grants each year to institutions of higher education in each State. ``(C) Minimum funding.--Not less than 50 percent of the total funding for all grants under this subsection shall be awarded in grants to institutions of higher education. ``(2) Innovation projects.--An innovation project carried out with a grant under this subsection shall-- ``(A) involve-- ``(i) an innovative technology that is not yet commercially available; or ``(ii) available technology in an innovative application that maximizes energy efficiency and sustainability; ``(B) have the greatest potential for testing or demonstrating new technologies or processes; and ``(C) to the extent undertaken by an institution of higher education, ensure active student participation in the project, including the planning, implementation, evaluation, and other phases of projects. ``(3) Condition.--As a condition of receiving a grant under this subsection, an institutional entity shall agree to submit to the Secretary, and make available to the public, reports that describe the results of the projects carried out using grant funds. ``(f) Grant Amounts.-- ``(1) In general.--If the Secretary determines that cost sharing is appropriate, the amounts of grants provided under this section shall be limited as provided in this subsection. ``(2) Technical assistance grants.--In the case of grants for technical assistance under subsection (b), grant funds shall be available for not more than-- ``(A) an amount equal to the lesser of-- ``(i) $50,000; or ``(ii) 75 percent of the cost of feasibility studies to assess the potential for implementation or improvement of sustainable energy infrastructure; ``(B) an amount equal to the lesser of-- ``(i) $90,000; or ``(ii) 60 percent of the cost of guidance on overcoming barriers to project implementation, including financial, contracting, siting, and permitting barriers; and ``(C) an amount equal to the lesser of-- ``(i) $250,000; or ``(ii) 40 percent of the cost of detailed engineering and design of sustainable energy infrastructure. ``(3) Grants for efficiency improvement and energy sustainability.--In the case of grants for efficiency improvement and energy sustainability under subsection (c), grant funds shall be available for not more than an amount equal to the lesser of-- ``(A) $1,000,000; or ``(B) 60 percent of the total cost. ``(4) Grants for innovation in energy sustainability.--In the case of grants for innovation in energy sustainability under subsection (d), grant funds shall be available for not more than an amount equal to the lesser of-- ``(A) $500,000; or ``(B) 75 percent of the total cost. ``(g) Loans for Energy Efficiency Improvement and Energy Sustainability.-- ``(1) In general.--Subject to the availability of appropriated funds, the Secretary shall provide loans to institutional entities for the purpose of implementing energy efficiency improvements and sustainable energy infrastructure. ``(2) Terms and conditions.-- ``(A) In general.--Except as otherwise provided in this paragraph, loans made under this subsection shall be on such terms and conditions as the Secretary may prescribe. ``(B) Maturity.--The final maturity of loans made within a period shall be the lesser of, as determined by the Secretary-- ``(i) 20 years; or ``(ii) 90 percent of the useful life of the principal physical asset to be financed by the loan. ``(C) Default.--No loan made under this subsection may be subordinated to another debt contracted by the institutional entity or to any other claims against the institutional entity in the case of default. ``(D) Benchmark interest rate.-- ``(i) In general.--Loans under this subsection shall be at an interest rate that is set by reference to a benchmark interest rate (yield) on marketable Treasury securities with a similar maturity to the direct loans being made. ``(ii) Minimum.--The minimum interest rate of loans under this subsection shall be at the interest rate of the benchmark financial instrument. ``(iii) New loans.--The minimum interest rate of new loans shall be adjusted each quarter to take account of changes in the interest rate of the benchmark financial instrument. (c) Criteria.-- (1) Federal facilities.--With respect to the existing or proposed Federal facility at which a demonstration project under this section is conducted, the Federal facility shall-- (A) be an appropriate model for a project relating to-- (i) the effectiveness of high-performance technologies; (ii) analysis of materials, components, systems, and emergency operations in the building, and the impact of those materials, components, and systems, including the impact on the health of building occupants; (iii) life-cycle costing and life-cycle assessment of building materials and systems; and (iv) location and design that promote access to the Federal facility through walking, biking, and mass transit; and (B) possess sufficient technological and organizational adaptability. (2) Universities.--With respect to the 4 universities at which a demonstration project under this section is conducted-- (A) the universities should be selected, after careful review of all applications received containing the required information, as determined by the Commercial Director, based on-- (i) successful and established public-private research and development partnerships; (ii) demonstrated capabilities to construct or renovate buildings that meet high indoor environmental quality standards; (iii) organizational flexibility; (iv) technological adaptability; (v) the demonstrated capacity of at least 1 university to replicate lessons learned among nearby or sister universities, preferably by participation in groups or consortia that promote sustainability; (vi) the demonstrated capacity of at least 1 university to have officially-adopted, institution-wide ``high-performance green building'' guidelines for all campus building projects; and (vii) the demonstrated capacity of at least 1 university to have been recognized by similar institutions as a national leader in sustainability education and curriculum for students of the university; and (B) each university shall be located in a different climatic region of the United States, each of which regions shall have, as determined by the Office of Commercial High-Performance Green Buildings-- (i) a hot, dry climate; (ii) a hot, humid climate; (iii) a cold climate; or (iv) a temperate climate (including a climate with cold winters and humid summers). (a) Establishment.--The Secretary shall establish a program, to be known as the ``Energy Efficiency and Conservation Block Grant Program'', under which the Secretary shall provide grants to eligible entities in accordance with this subtitle. (b) Purpose.--The purpose of the program shall be to assist eligible entities in implementing strategies-- (1) to reduce fossil fuel emissions created as a result of activities within the jurisdictions of eligible entities in a manner that-- (A) is environmentally sustainable; and (B) to the maximum extent practicable, maximizes benefits for local and regional communities; (2) to reduce the total energy use of the eligible entities; and (3) to improve energy efficiency in-- (A) the transportation sector; (B) the building sector; and (C) other appropriate sectors. (B) satellite work centers; (C) development and promotion of zoning guidelines or requirements that promote energy efficient development; (D) development of infrastructure, such as bike lanes and pathways and pedestrian walkways; (E) synchronization of traffic signals; and (F) other measures that increase energy efficiency and decrease energy consumption; (8) development and implementation of building codes and inspection services to promote building energy efficiency; (9) application and implementation of energy distribution technologies that significantly increase energy efficiency, including-- (A) distributed resources; and (B) district heating and cooling systems; (10) activities to increase participation and efficiency rates for material conservation programs, including source reduction, recycling, and recycled content procurement programs that lead to increases in energy efficiency; (11) the purchase and implementation of technologies to reduce, capture, and, to the maximum extent practicable, use methane and other greenhouse gases generated by landfills or similar sources; (12) replacement of traffic signals and street lighting with energy efficient lighting technologies, including-- (A) light emitting diodes; and (B) any other technology of equal or greater energy efficiency; (13) development, implementation, and installation on or in any government building of the eligible entity of onsite renewable energy technology that generates electricity from renewable resources, including-- (A) solar energy; (B) wind energy; (C) fuel cells; and (D) biomass; and (14) any other appropriate activity, as determined by the Secretary, in consultation with-- (A) the Administrator of the Environmental Protection Agency; (B) the Secretary of Transportation; and (C) the Secretary of Housing and Urban Development. (k) Secondary Applications and Disposal of Electric Drive Vehicle Batteries.--The Secretary shall carry out a program of research, development, and demonstration of-- (1) secondary applications of energy storage devices following service in electric drive vehicles; and (2) technologies and processes for final recycling and disposal of the devices. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary of Energy shall establish a program to determine ways in which the weight of motor vehicles could be reduced to improve fuel efficiency without compromising passenger safety by conducting research, development, and demonstration relating to-- (1) the development of new materials (including cast metal composite materials formed by autocombustion synthesis) and material processes that yield a higher strength-to-weight ratio or other properties that reduce vehicle weight; and (2) reducing the cost of-- (A) lightweight materials (including high-strength steel alloys, aluminum, magnesium, metal composites, and carbon fiber reinforced polymer composites) with the properties required for construction of lighter-weight vehicles; and (B) materials processing, automated manufacturing, joining, and recycling lightweight materials for high- volume applications. ``(c) Programmatic Activities.-- ``(1) Fundamental science and engineering research and development and demonstration supporting carbon capture and sequestration technologies and carbon use activities.-- ``(A) In general.--The Secretary shall carry out fundamental science and engineering research (including laboratory-scale experiments, numeric modeling, and simulations) to develop and document the performance of new approaches to capture and sequester, or use carbon dioxide to lead to an overall reduction of carbon dioxide emissions. ``(B) Program integration.--The Secretary shall ensure that fundamental research carried out under this paragraph is appropriately applied to energy technology development activities, the field testing of carbon sequestration, and carbon use activities, including-- ``(i) development of new or advanced technologies for the capture and sequestration of carbon dioxide; ``(ii) development of new or advanced technologies that reduce the cost and increase the efficacy of advanced compression of carbon dioxide required for the sequestration of carbon dioxide; ``(iii) modeling and simulation of geologic sequestration field demonstrations; ``(iv) quantitative assessment of risks relating to specific field sites for testing of sequestration technologies; ``(v) research and development of new and advanced technologies for carbon use, including recycling and reuse of carbon dioxide; and ``(vi) research and development of new and advanced technologies for the separation of oxygen from air. ``(2) Field validation testing activities.-- ``(A) In general.--The Secretary shall promote, to the maximum extent practicable, regional carbon sequestration partnerships to conduct geologic sequestration tests involving carbon dioxide injection and monitoring, mitigation, and verification operations in a variety of candidate geologic settings, including-- (a) Findings.--Congress finds that-- (1) the United States has a quantity of renewable energy resources that is sufficient to supply a significant portion of the energy needs of the United States; (2) the agricultural, forestry, and working land of the United States can help ensure a sustainable domestic energy system; (3) accelerated development and use of renewable energy technologies provide numerous benefits to the United States, including improved national security, improved balance of payments, healthier rural economies, improved environmental quality, and abundant, reliable, and affordable energy for all citizens of the United States; (4) the production of transportation fuels from renewable energy would help the United States meet rapidly growing domestic and global energy demands, reduce the dependence of the United States on energy imported from volatile regions of the world that are politically unstable, stabilize the cost and availability of energy, and safeguard the economy and security of the United States; (5) increased energy production from domestic renewable resources would attract substantial new investments in energy infrastructure, create economic growth, develop new jobs for the citizens of the United States, and increase the income for farm, ranch, and forestry jobs in the rural regions of the United States; (6) increased use of renewable energy is practical and can be cost effective with the implementation of supportive policies and proper incentives to stimulate markets and infrastructure; and ``(A) In general.--Not <<NOTE: Deadline.>> later than 6 months after the date of enactment of the Green Jobs Act of 2007, the Secretary, in consultation with the Secretary of Energy, shall establish an energy efficiency and renewable energy worker training program under which the Secretary shall carry out the activities described in paragraph (2) to achieve the purposes of this subsection. ``(B) Eligibility.--For purposes of providing assistance and services under the program established under this subsection-- ``(i) target populations of eligible individuals to be given priority for training and other services shall include-- ``(I) workers impacted by national energy and environmental policy; ``(II) individuals in need of updated training related to the energy efficiency and renewable energy industries; ``(III) veterans, or past and present members of reserve components of the Armed Forces; ``(IV) unemployed individuals; ``(V) individuals, including at-risk youth, seeking employment pathways out of poverty and into economic self- sufficiency; and ``(VI) formerly incarcerated, adjudicated, nonviolent offenders; and ``(ii) energy efficiency and renewable energy industries eligible to participate in a program under this subsection include-- ``(I) the energy-efficient building, construction, and retrofits industries; ``(II) the renewable electric power industry; ``(III) the energy efficient and advanced drive train vehicle industry; ``(IV) the biofuels industry; ``(V) the deconstruction and materials use industries; ``(VI) the energy efficiency assessment industry serving the residential, commercial, or industrial sectors; and ``(VII) manufacturers that produce sustainable products using environmentally sustainable processes and materials. ``(2) Activities.-- ``(A) National research program.--Under the program established under paragraph (1), the Secretary, acting through the Bureau of Labor Statistics, where appropriate, shall collect and analyze labor market data to track workforce trends resulting from energy-related initiatives carried out under this subsection. Activities carried out under this paragraph shall include-- ``(i) tracking and documentation of academic and occupational competencies as well as future skill needs with respect to renewable energy and energy efficiency technology; Section 7(a)(31) of the Small Business Act (15 U.S.C. 636(a)(31)) is amended by adding at the end the following: ``(F) Express loans for renewable energy and energy efficiency.-- ``(i) Definitions.--In this subparagraph-- ``(I) the term `biomass'-- ``(aa) means any organic material that is available on a renewable or recurring basis, including-- ``(AA) agricultural crops; ``(BB) trees grown for energy production; ``(CC) wood waste and wood residues; ``(DD) plants (including aquatic plants and grasses); ``(EE) residues; ``(FF) fibers; ``(GG) animal wastes and other waste materials; and ``(HH) fats, oils, and greases (including recycled fats, oils, and greases); and ``(bb) does not include-- ``(AA) paper that is commonly recycled; or ``(BB) unsegregated solid waste; ``(II) the term `energy efficiency project' means the installation or upgrading of equipment that results in a significant reduction in energy usage; and ``(III) the term `renewable energy system' means a system of energy derived from-- ``(aa) a wind, solar, biomass (including biodiesel), or geothermal source; or ``(bb) hydrogen derived from biomass or water using an energy source described in item (aa). ``(ii) Loans.--The Administrator may make a loan under the Express Loan Program for the purpose of-- ``(I) purchasing a renewable energy system; or ``(II) carrying out an energy efficiency project for a small business concern.''. (c) Small Business Sustainability Initiative.-- (1) Authority.--The Administrator shall establish a Small Business Energy Efficiency Program to provide energy efficiency assistance to small business concerns through small business development centers. (2) Small business development centers.-- (A) <<NOTE: Contracts.>> In general.--In carrying out the Efficiency Program, the Administrator shall enter into agreements with small business development centers under which such centers shall-- (i) provide access to information and resources on energy efficiency practices, including on-bill financing options; (ii) conduct training and educational activities; (iii) offer confidential, free, one-on-one, in-depth energy audits to the owners and operators of small business concerns regarding energy efficiency practices; (iv) give referrals to certified professionals and other providers of energy efficiency assistance who meet such standards for educational, technical, and professional competency as the Administrator shall establish; (v) to the extent not inconsistent with controlling State public utility regulations, act as a facilitator between small business concerns, electric utilities, lenders, and the Administration to facilitate on-bill financing arrangements; (vi) provide necessary support to small business concerns to-- (I) evaluate energy efficiency opportunities and opportunities to design or construct high performance green buildings; (II) evaluate renewable energy sources, such as the use of solar and small wind to supplement power consumption; (III) secure financing to achieve energy efficiency or to design or construct high performance green buildings; and (IV) implement energy efficiency projects; (vii) assist owners of small business concerns with the development and commercialization of clean technology products, goods, services, and processes that use renewable energy sources, dramatically reduce the use of natural resources, and cut or eliminate greenhouse gas emissions through-- (I) technology assessment; (II) intellectual property; (III) Small Business Innovation Research submissions under section 9 of the Small Business Act (15 U.S.C. 638); (IV) strategic alliances; (V) business model development; and (VI) preparation for investors; and (viii) help small business concerns improve environmental performance by shifting to less hazardous materials and reducing waste and emissions, including by providing assistance for small business ``(i) means any organic material that is available on a renewable or recurring basis, including-- ``(I) agricultural crops; ``(II) trees grown for energy production; ``(III) wood waste and wood residues; ``(IV) plants (including aquatic plants and grasses); ``(V) residues; ``(VI) fibers; ``(VII) animal wastes and other waste materials; and ``(VIII) fats, oils, and greases (including recycled fats, oils, and greases); and ``(ii) does not include-- ``(I) paper that is commonly recycled; or ``(II) unsegregated solid waste; ``(B) the term `energy efficiency project' means the installation or upgrading of equipment that results in a significant reduction in energy usage; and ``(C) the term `renewable energy system' means a system of energy derived from-- ``(i) a wind, solar, biomass (including biodiesel), or geothermal source; or ``(ii) hydrogen derived from biomass or water using an energy source described in clause (i).''. (a) Eligibility for Energy Efficiency Projects.--Section 501(d)(3) of the Small Business Investment Act of 1958 (15 U.S.C. 695(d)(3)) is amended-- (1) in subparagraph (G) by striking ``or'' at the end; (2) in subparagraph (H) by striking the period at the end and inserting a comma; (3) by inserting after subparagraph (H) the following: ``(I) reduction of energy consumption by at least 10 percent, ``(J) increased use of sustainable design, including designs that reduce the use of greenhouse gas emitting fossil fuels, or low-impact design to produce buildings that reduce the use of non-renewable resources and minimize environmental impact, or ``(K) plant, equipment and process upgrades of renewable energy sources such as the small-scale production of energy for individual buildings or communities consumption, commonly known as micropower, or renewable fuels producers including biodiesel and ethanol producers.''; and (4) by adding at the end the following: ``In subparagraphs (J) and (K), terms have the meanings given those terms under the Leadership in Energy and Environmental Design (LEED) standard for green building certification, as determined by the Administrator.''.
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