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The Energy Independence and Security Act of 2007 (Pub.L. 110-140, originally named the CLEAN Energy Act of 2007) is an Act of Congress concerning the energy policy of the United States which was introduced in the United States House of Representatives by Democrats as part of their 100-Hour Plan during the 110th Congress [1] sponsored by Representative Nick Rahall of West Virginia, who nonetheless became 1 of only 4 Democrats [1] to oppose the final bill. It was cosponsored by 198 other representatives, it passed in the House without amendment in January 2007. When the Act was introduced in the Senate in June 2007, it was combined with a different Senate bill (S. 1419). This amended version passed the Senate on June 21, 2007.[2][3] After further amendments and negotiation between the House and Senate, a revised bill passed both houses.

President Bush signed it into law on December 19, 2007, which responded to his "Twenty in Ten" challenge in the State of the Union Address to improve vehicle fuel economy and increase alternative fuels. [4]

The stated purpose of the act is “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.”[5]. House Speaker Nancy Pelosi promoted the Act as a way of lowering energy costs to consumers.[6].

The bill originally sought to cut subsidies to the petroleum industry in order to promote petroleum independence and different forms of alternative energy. These tax changes were ultimately dropped after opposition in the Senate, and the final bill focused on automobile fuel economy, development of biofuels, and energy efficiency in public buildings and lighting.


Provisions of final version

Incandescent light bulbs will be phased out in the U.S. beginning January 2012.

The bill signed into law in December 2007 was an 822-page document changing U.S. energy policy in many areas.[7]

Key provisions were:

  • Energy security
    • Increased CAFE standards. Automakers are required to boost fleetwide gas mileage to 35 mpg (14.8 km/l) by 2020. This applies to all passenger automobiles, including light trucks.
    • Required vehicle technology and transportation electrification. Incentives for the development of plug-in hybrids.[8]
    • New conservation requirements for federal vehicle fleets.
    • Taxpayer funding for increased production of biofuels. The total amount of biofuels added to gasoline is required to increase to 36 billion gallons by 2022, from 4.7 billion gallons in 2007. The Energy Act further specifies that 21 billion gallons of the 2022 total must be derived from non-cornstarch products (e.g. sugar or cellulose).
  • Energy savings
    • Revised standards for appliances and lighting.
      • Requires roughly 25 percent greater efficiency for light bulbs, phased in from 2012 through 2014. This effectively bans the sale of most current incandescent light bulbs.
      • Various specialty bulbs, including appliance bulbs, colored lights, and 3-way bulbs, are exempt from these requirements.
      • Requires roughly 200 percent greater efficiency for light bulbs, or similar energy savings, by 2020.
    • New initiatives for promoting conservation in buildings and industry.
    • Requires all lighting in Federal buildings to use Energy Star products.
    • New standards and grants for promoting efficiency in government and public institutions. New and renovated federal buildings must reduce fossil fuel use by 55% (from 2003 levels) by 2010, and 80% by 2020. All new federal buildings must be carbon-neutral by 2030.
  • Taxpayer funding of research and development of solar energy, geothermal energy, and marine and hydrokinetic renewable energy technologies.
  • Expanded federal research on carbon sequestration technologies.
  • Green jobs - creation of a training program for "Energy efficiency and renewable energy workers".
  • Energy transportation and infrastructure. New initiatives for highway, sea and railroad infrastructure. Creation of the Office of Climate Change and Environment in the Department of Transportation.
  • Small business energy programs, offering small businesses loans toward energy efficiency improvements.
  • Smart grid - modernization of the electricity grid to improve reliability and efficiency.
  • Pool safety - new federal standards for drain covers and pool barriers.

Proposals not enacted

Title I of the original bill, the “Ending Subsidies for Big Oil Act of 2007,” denied certain tax deductions to producers of oil, natural gas, or primary products of oil or natural gas, and increased from five to seven years the period during which five major integrated oil companies must write off their expenditures on geological and geophysical studies related to oil exploration.

Title II, the “Royalty Relief for American Consumers Act of 2007,” addressed an oversight that occurred when the Interior Department issued oil and gas leases for off-shore drilling in the Gulf of Mexico in 1998 and 1999. The leases didn’t include price thresholds that require companies to pay royalties to the Federal Government when the price of oil and gas exceeds a certain level. These companies would be required to renegotiate their leases to include price thresholds that are equal or less than thresholds described in the Outer Continental Shelf Lands Act. Companies who failed to renegotiate their leases or pay the fees would not be allowed to obtain any oil or gas leases in the Gulf of Mexico.

Title II also repealed several provisions of the Energy Policy Act of 2005. One provision suspended royalty fees on oil and gas production in certain waters of the Gulf of Mexico. A provision of the Energy Policy Act that protects drilling permit applicants from additional fees to recover the cost of processing paperwork would also be repealed, and special policies for leases in the National Petroleum Reserve–Alaska and royalty relief for specific offshore drilling in Alaska would be discontinued.

Title III of the bill created a Strategic Energy Efficiency and Renewables Reserve, an account to hold additional money received by the Federal Government as a result of the enactment of the act, and to offset the cost of subsequent legislation.

Opposition to the bill

Oil industry taxes

Opponents argued that the act would "increase Americans reliance on foreign sources of energy by making new domestic exploration and production more costly" and stated that markets should drive U.S. energy policy. They were concerned that the Strategic Energy Efficiency and Renewables Reserve would be used for "politically-connected pet projects," citing a similar fund created by the Carter administration that went bankrupt after only a few years.[9]

The U.S. Chamber of Commerce said that the bill would punish an industry that has made many Americans wealthy for generations, adding that "Congress and various Administrations have perhaps imposed more regulations on the oil and gas industry than any other industry in the United States." The Chamber said it supported the rapid development of alternative fuels but that the new technologies are not developed enough, and are insufficient to make any real difference. It believed more regulation on oil and gas producers is not the answer to the energy problem.[10]

Conservative activist and president of Americans for Tax Reform Grover Norquist characterized the bill’s provisions regarding renegotiation of leases as a violation of binding contracts, calling the bill “a violation of the Taxpayer Protection Pledge” since it wouldn’t create tax cuts to offset the additional revenue it would raise.[9]

Representative Ted Poe said the bill “will decrease U.S. exploration and will increase our dependence on foreign oil,” and, “by raising taxes and fees on oil and gas companies that choose to manufacture in America, the U.S. will become a less attractive place to produce oil and natural gas. This essentially creates incentives for foreign importation and could kill manufacturing jobs in an industry that employs nearly 1.8 million Americans.”[1]

Opponents included Democratic Senators Claire McCaskill, Mary Landrieu, Carl Levin, and Debbie Stabenow. House Democratic opponents were John Barrow and Jim Marshall of Georgia, Nick Lampson of Texas, and Dan Boren of Oklahoma

Fuel economy

Congressmen representing automobile manufacturing regions objected to the proposed increase in fuel economy standards. They said the measure would sharply increase the cost of new cars, lowering demand and further burdening the struggling automotive industry. Representative John Dingell of Michigan advocated instead an increase in the federal gasoline tax, which he said would have more immediate effects on oil consumption by influencing consumer behavior (i.e. car purchase decisions and total miles driven).[11]

Compact fluorescent lights

The law will effectively make compact fluorescent light bulbs the new standard, replacing Incandescent light bulbs. Representative Ted Poe contends that the United States Constitution does not give the federal government the power to determine what light bulbs people are allowed to use.[12] EPA recommendations state that compact fluorescent light bulbs should be recycled due to their mercury content.[13] The EPA rules for cleaning up broken compact fluorescent light bulbs are also relatively strict.[14]

Support for the bill

Oil industry taxes

The majority of the supporters for the original bill were Representatives from the Democratic party. Speaker of the House Nancy Pelosi described the vote as "the first step toward a future of energy independence." Moira Chapin, Environment California Federal Field Organizer, said "the 110th Congress made a down payment on a new energy future," referring to its investment in renewable energy resources from solar and wind power generation facilities.[1]

Proponents believed that investing the new tax revenue in renewable energy resources would foster a new industry, creating more jobs and helping to reduce American dependency on oil imports. They claimed that as many as 3.3 million new jobs would be created, cutting unemployment, adding $1.4 trillion to the gross national product in the economy, and paying for itself within ten years.[1] Air quality would be improved by reducing the amount of emissions released by using a cleaner energy source other than oil.

Another supporter of the bill, Representative Steve Rothman of New Jersey, said that if the proposed bill passed, "the U.S. can improve air quality, create jobs, and corner a new business market."[15]

Incandescent lights

Under the law, incandescent bulbs that produce 310–2600 lumens of light are effectively phased out between 2012 and 2014. Bulbs outside this range (roughly, light bulbs currently less than 40 watts or more than 150 watts) are exempt from the ban. Also exempt are several classes of speciality lights, including appliance lamps, "rough service" bulbs, 3-way, colored lamps, and plant lights.[16]

The phase-out of incandescent light bulbs was supported by the Alliance to Save Energy, a coalition of light bulb manufacturers, electric utilities and conservation groups. The group estimated that lighting accounts for 22% of total U.S. electricity usage, and that eliminating incandescent bulbs completely would save $18 billion per year (equivalent to the output of 80 coal plants).[17] Light bulb manufacturers also hoped a single national standard would prevent the enactment of conflicting bans and efficiency standards by state governments.

Legislative history

The initial version of H.R. 6 passed the House of Representatives on January 18, 2007, by a vote of 264 to 163. The Senate version passed 65-27 on June 21, but bore almost no resemblance to the original bill. Speaker Pelosi indicated on Oct 10 that instead of sending the bill to a conference committee, the House would negotiate informally with the Senate to resolve their differences.[18]

The House took up the energy bill again in December, passing a new version on December 6. This version, renamed the "Energy Independence and Security Act of 2007", restored the oil industry tax increases of the original bill. It also added a requirement that U.S. electric utilities must obtain 15 percent of their power from renewable sources by 2020.[19][20][21]

When this bill was introduced to the Senate, the new provisions became the focus of debate. The White House and Sen. Domenici warned that Bush would veto the bill because of the tax portion. Senate Minority Leader Mitch McConnell (R-Ky.) said Democrats had "shown how to snatch defeat from the jaws of victory" by "inserting an enormous tax hike, a tax hike they knew would doom this legislation." Reid said Congress should not be intimidated by a veto threat, "We are the Congress of the United States. We can write things even though the president may not like them." Democrats said that the tax measure was modest and only took back tax breaks the oil companies received in 2004 and that they did not need them with oil prices at about $90 a barrel.[22]

The House version of the bill (with $13 billion raised from the oil industry, a mandate that utilities rely on renewable energy for at least 15 percent of their power generation, and a $21.8 billion 10-year tax package) failed by a one vote margin. A final attempt to end debate and make way for a vote failed by 59 - 40 despite the return of four Democratic presidential candidates, Hillary Clinton (NY), Barack Obama (Ill.), Christopher Dodd (Conn.), and Joseph Biden (Del.). Nine Republicans voted in favor of ending debate while one Democrat, Sen. Mary Landrieu (D-La.) voted against it. Sen. John McCain was not present.[22]

The revised Senate bill passed 86-8 on December 13. The House approved this final version 314-100 on December 18, and President Bush signed it the following day.

Unintended consequences of RFS mandate

The Renewable Fuel Standard (RFS) portion of EISA 2007 is in Sections 201 - 248 of the act. This section deals with bio-diesel and ethanol. Most of the section deals with bio-diesel and tax credits for E85 and Flex-Fuel vehicles. Section 202(a)(2) mandates the "applicable volumes of renewable fuel" that must be produced. The majority of it is to be ethanol to be blended into gasoline, in fact 10.5 billion gallons of ethanol this year (2009). In Section 241 the term Renewable Fuel is defined as: "The term ‘renewable fuel’ means any fuel—‘‘(A) at least 85 percent of the volume of which consists of ethanol; or" (goes on to define the bio-diesel renewable fuel). The renewable fuel described is commonly known as E85.

It is clear that the intent of the act was to promote Flex-Fuel vehicles and E85 production. Since the ethanol production mandates are hard production targets that must be manufactured and put into gasoline, all of the gasoline in the US is being taken E10, 10% ethanol mixed with 90% gasoline.

There are serious negative economic consequences for making all of the gasoline E10. There are many engines that should not or cannot be operated on ethanol blended gasoline. These are engines in the marine and aviation industry, antique and classic cars and motorcycles, small engines, both 2 cycle and 4 cycle, used in small recreation vehicles like ATVs, and portable tools widely used in public safety applications like generators, pumps and hand tools. There are a few states, currently four with active laws, that have mandatory E10 laws and every state provides a method of providing ethanol free fuel for these applications. The other 46 states have no exemptions and are putting these users at risk of property damage, which is resulting in class action lawsuits.

The RFS mandate in EISA 2007 is not an E10 mandate. E10 is never mentioned in the act. The fact that all of the gasoline in the country is being taken E10 is an unintended consequence of the mandatory ethanol production quotas.

New Loophole Created by 110th Congress

CAFE changes enacted by the 110th Congress (The Energy Independence and Security Act P.L. 110-140, H.R. 6) granted $4.1 billion in benefits to Toyota, Honda and Nissan in the form of partial exemptions from the new CAFE laws.

Title I, Subtitle A, Section 104 expands the fuel economy credit trading provisions.

  • This section extends the current CAFÉ carry-forward credit trading period from 3 years to 5 years and for the first time enables manufacturers to trade credits generated in one fleet to another fleet.
  • Under the original CAFÉ statute enacted in the 1970s, the UAW was concerned that manufacturers would move small car production overseas to take advantage of the lower labor costs. The union fought for and won a provision that required separate calculations for domestically produced and imported passenger cars. Section 104 undoes this provision contained in the original statute.
  • Ninety-eight percent of the benefit derived from cross fleet trading flows to Toyota.
  • According to calculations using the proposed standards contained in the President Obama's recent proposal and extending these proposed standards, 75% of the benefit from these two new CAFÉ credit trading provisions, cross fleet trading and 5-year carry-forward, falls to foreign manufacturers
  • Toyota can use the provision to avoid or reduce compliance on average by 0.69 mpg per year through 2020,
  • Hyundai (1.01 mpg),
  • Nissan (0.65),
  • Honda (0.83 mpg),
  • Mitsubishi (0.13 mpg),
  • Subaru (0.08),
  • Chrysler (0.14 mpg),
  • GM (0.09 mpg), and
  • Ford (0.18 mpg) also benefit.
  • The estimated value of the CAFÉ exemption gained by Toyota is $2.5 billion; Honda’s benefit is worth $0.8 billion, and Nissan’s benefit is valued at $0.9 billion in reduced CAFÉ compliance costs.
  • Foreign companies gained $5.5 billion in benefits compared with the $1.8 billion that went to the Detroit Three.

See also


  1. ^ a b c d Chase, Ayinde (2007-01-19). "House Passes Clean Energy Act of 2007, 264 to 163". All Headline News. AHN Corp.. Retrieved 2007-05-13.  
  2. ^ Freeman, Sholnn (2007-06-22). "Senate Passes Energy Bill". The Washington Post: p. D01. Retrieved 2007-06-25.  
  3. ^ "Roll Call Vote on H.R. 6". United States Senate. 2007-06-21. Retrieved 2007-06-25.  
  4. ^
  5. ^ Rahall, Nick (2007-01-12). "H.R. 6". THOMAS. Library of Congress. Retrieved 2007-05-12.  
  6. ^ Pelosi, Nancy (2007-01-12). "House Speaker's Description of Legislation". Speaker of the House. United States House of Representatives. Retrieved 2008-06-07.  
  7. ^ Richard Simon, "House okays energy bill; Bush to sign", Chicago Tribune, December 19, 2007.
  8. ^ Evarts, E. (January 11, 2008) "Charge! Fuel economy law promotes plug-in hybrids," Consumer Reports Cars Blog accessed January 15, 2008
  9. ^ a b Norquist, Grover (2007-01-18). "Speaker Pelosi’s First Tax Hike?". National Review Online. National Review. Retrieved 2007-05-13.  
  10. ^ Josten, R. Bruce (2007-01-17). "H.R. 6, The Clean Energy Act of 2007". United States Chamber of Commerce. Retrieved 2007-05-13.  
  11. ^ Kimberley Strassel, "Some Inconvenient Truths", The Wall Street Journal, October 6, 2007.
  12. ^ Ted Poe, "Debate on H.R. 6", YouTube, August 6, 2008.
  13. ^ "Mercury-Containing Light Bulb Frequent Questions", US EPA, August 6, 2008
  14. ^ "What to Do if a Fluorescent Light Bulb Breaks", US EPA, August 6, 2008
  15. ^ United States House of Representatives (2007-01-22). "Rothman Votes for the CLEAN Energy Act of 2007". Press release. Retrieved 2007-05-13.  
  16. ^
  17. ^ Matthew Wald, "A U.S. Alliance to Update the Light Bulb", The New York Times, Mar 14, 2007.
  18. ^ Steven Mufson, "Pelosi Plans Informal Negotiations on Energy Bill," The Washington Post, October 11, 2007.
  19. ^ Jonathan Weisman, Steven Mufson, "Broad Energy Bill Passed by House," The Washington Post, December 7, 2007.
  20. ^ Crossing a Threshold on Energy Legislation
  21. ^ House passes energy bill, Bush vows veto
  22. ^ a b Steven Mufson, "Senate Passes Energy Bill Without House Tax Package," The Washington Post, December 14, 2007.

External links

Source material

Up to date as of January 22, 2010

From Wikisource

Public Law 110-140
by the 110th Congress of the United States
Energy Independence and Security Act of 2007
Pub.L. 110−140, 121 Stat. 1492, H.R. 6, enacted December 19, 2007.
Note: This is the original legislation as it was initially enacted. Like many laws, this statute may have since been amended once or many times, and the text contained herein may no longer be legally current. Follow the interlinks within the content or check to see What Links Here for more.


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.
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.
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 Renewable 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.
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.
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.
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 assisted 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.
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 Demonstration 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.
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 Contracts.
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.
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 Demonstration Centers.
Sec. 635. Applicability of other laws.
Sec. 636. Authorization of appropriations.
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.
Subtitle A—Carbon Capture and Sequestration Research, Development, and Demonstration
Sec. 701. Short title.
Sec. 702. Carbon capture and sequestration research, development, and demonstration 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 emissions from ecosystems.
Sec. 713. Carbon dioxide sequestration inventory.
Sec. 714. Framework for geological carbon sequestration on public land.
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.
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 investment.
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.
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 contingent cost allocation.
Sec. 935. Transparency in extractive industries resource payments.
Sec. 1001. Short title.
Sec. 1002. Energy efficiency and renewable energy worker training program.
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.
Sec. 1201. Express loans for renewable energy and energy efficiency.
Sec. 1202. Pilot program for reduced 7(a) fees for purchase of energy efficient technologies.
Sec. 1203. Small business energy efficiency.
Sec. 1204. Larger 504 loan limits to help business develop energy efficient technologies 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.
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.
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.
Sec. 1408. CPSC report.
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 certain major integrated oil companies.
Sec. 1601. Effective date.

Sec. 2. Definitions.

In this Act:
The term `Department´ means the Department of Energy.
The term `institution 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)).
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 amendment 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 provision of law (including a regulation), including any energy or environmental law or regulation.

Approved December 19, 2007.

Legislative History

The Act passed the House of Representatives on January 18, 2007 by a vote of 264-163 and passed the Senate on June 21, 2007 by a vote of 65-27, and was signed into law by President George W. Bush on December 19, 2007.

  • CONGRESSIONAL RECORD, Vol. 153 (2007):
    • Jan. 18, considered and passed House.
    • June 12-15, 18-21, considered and passed Senate, amended.
    • Dec. 6, House concurred in Senate amendments with amendments.
    • Dec. 12, 13, Senate considered and concurred in House amendments with an amendment.
    • Dec. 18, House concurred in Senate amendment.
    • Dec. 19, Presidential remarks.

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