September 2, 2003 Ordered to be printed as passed In the Senate of the United States
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II September 2, 2003 Ordered to be printed as passed In the Senate of the United States, July 31 (legislative day, July 21), 2003. Resolved, That the bill from the House of Representa- tives (H.R. 6) entitled ‘‘An Act to enhance energy conserva- tion and research and development, to provide for security and diversity in the energy supply for the American people, and for other purposes.’’, do pass with the following
Strike out all after the enacting clause and insert: SECTION 1. SHORT TITLE. 1
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SEC. 2. TABLE OF CONTENTS. 1
Sec. 2. Table of contents. DIVISION A—RELIABLE AND DIVERSE POWER GENERATION AND TRANSMISSION TITLE I—REGIONAL COORDINATION Sec. 101. Policy on regional coordination. Sec. 102. Federal support for regional coordination. TITLE II—ELECTRICITY Subtitle A—Amendments to the Federal Power Act Sec. 201. Definitions. Sec. 202. Electric utility mergers. Sec. 203. Market-based rates. Sec. 204. Refund effective date. Sec. 205. Open access transmission by certain utilities. Sec. 206. Electric reliability standards. Sec. 207. Market transparency rules. Sec. 208. Access to transmission by intermittent generators. Sec. 209. Enforcement. Sec. 210. Electric power transmission systems. Subtitle B—Amendments to the Public Utility Holding Company Act Sec. 221. Short title. Sec. 222. Definitions. Sec. 223. Repeal of the Public Utility Holding Company Act of 1935. Sec. 224. Federal access to books and records. Sec. 225. State access to books and records. Sec. 226. Exemption authority. Sec. 227. Affiliate transactions. Sec. 228. Applicability. Sec. 229. Effect on other regulations. Sec. 230. Enforcement. Sec. 231. Savings provisions. Sec. 232. Implementation. Sec. 233. Transfer of resources. Sec. 234. Inter-agency review of competition in the wholesale and retail markets for electric energy. Sec. 235. GAO study on implementation. Sec. 236. Effective date. Sec. 237. Authorization of appropriations. Sec. 238. Conforming amendments to the Federal Power Act. Subtitle C—Amendments to the Public Utility Regulatory Policies Act of 1978 Sec. 241. Real-time pricing and time-of-use metering standards. Sec. 242. Adoption of additional standards. Sec. 243. Technical assistance. Sec. 244. Cogeneration and small power production purchase and sale require- ments. † 3
Sec. 245. Net metering. Subtitle D—Consumer Protections Sec. 251. Information disclosure. Sec. 252. Consumer privacy. Sec. 253. Office of Consumer Advocacy. Sec. 254. Unfair trade practices. Sec. 255. Applicable procedures. Sec. 256. Federal Trade Commission enforcement. Sec. 257. State authority. Sec. 258. Application of subtitle. Sec. 259. Definitions. Subtitle E—Renewable Energy and Rural Construction Grants Sec. 261. Renewable energy production incentive. Sec. 262. Assessment of renewable energy resources. Sec. 263. Federal purchase requirement. Sec. 264. Renewable portfolio standard. Sec. 265. Renewable energy on Federal land. Subtitle F—General Provisions Sec. 271. Change 3 cents to 1.5 cents. Sec. 272. Bonneville Power Administration bonds. TITLE III—HYDROELECTRIC RELICENSING Sec. 301. Alternative conditions and fishways. TITLE IV—INDIAN ENERGY Sec. 401. Comprehensive Indian energy program. Sec. 402. Office of Indian Energy Policy and Programs. Sec. 403. Conforming amendments. Sec. 404. Siting energy facilities on tribal lands. Sec. 405. Indian Mineral Development Act review. Sec. 406. Renewable energy study. Sec. 407. Federal Power Marketing Administrations. Sec. 408. Feasibility study of combined wind and hydropower demonstration project. TITLE V—NUCLEAR POWER Subtitle A—Price-Anderson Act Reauthorization Sec. 501. Short title. Sec. 502. Extension of indemnification authority. Sec. 503. Department of Energy liability limit. Sec. 504. Incidents outside the United States. Sec. 505. Reports. Sec. 506. Inflation adjustment. Sec. 507. Civil penalties. Sec. 508. Treatment of modular reactors. Sec. 509. Effective date. † 4
Subtitle B—Miscellaneous Provisions Sec. 511. Uranium sales. Sec. 512. Reauthorization of thorium reimbursement. Sec. 513. Fast Flux Test Facility. Sec. 514. Nuclear Power 2010. Sec. 515. Office of Spent Nuclear Fuel Research. Sec. 516. Decommissioning pilot program. Subtitle C—Growth of Nuclear Energy Sec. 521. Combined license periods. Subtitle D—NRC Regulatory Reform Sec. 531. Antitrust review. Sec. 532. Decommissioning. Subtitle E—NRC Personnel Crisis Sec. 541. Elimination of pension offset. Sec. 542. NRC training program. DIVISION B—DOMESTIC OIL AND GAS PRODUCTION AND TRANSPORTATION TITLE VI—OIL AND GAS PRODUCTION Sec. 601. Permanent authority to operate the Strategic Petroleum Reserve. Sec. 602. Federal onshore leasing programs for oil and gas. Sec. 603. Oil and gas lease acreage limitations. Sec. 604. Orphaned and abandoned wells on Federal land. Sec. 605. Orphaned and abandoned oil and gas well program. Sec. 606. Offshore development. Sec. 607. Coalbed methane study. Sec. 608. Fiscal policies to maximize recovery of domestic oil and gas resources. Sec. 609. Strategic Petroleum Reserve. Sec. 610. Hydraulic fracturing. Sec. 611. Authorization of appropriations. Sec. 612. Preservation of oil and gas resource data. Sec. 613. Resolution of Federal resource development conflicts in the Powder River Basin. TITLE VII—NATURAL GAS PIPELINES Subtitle A—Alaska Natural Gas Pipeline Sec. 701. Short title. Sec. 702. Findings. Sec. 703. Purposes. Sec. 704. Issuance of certificate of public convenience and necessity. Sec. 705. Environmental reviews. Sec. 706. Pipeline expansion. Sec. 707. Federal Coordinator. Sec. 708. Judicial review. Sec. 709. State jurisdiction over in-State delivery of natural gas. Sec. 710. Loan guarantee. Sec. 711. Study of alternative means of construction. † 5
Sec. 712. Clarification of ANGTA status and authorities. Sec. 713. Definitions. Sec. 714. Sense of the Senate. Sec. 715. Alaskan pipeline construction training program. Subtitle B—Operating Pipelines Sec. 721. Environmental review and permitting of natural gas pipeline projects. Subtitle C—Pipeline Safety P ART I—S HORT T ITLE ; A MENDMENT OF T ITLE 49 Sec. 741. Short title; amendment of title 49, United States Code. P ART II—P IPELINE S AFETY I MPROVEMENT A CT OF 2003 Sec. 761. Implementation of Inspector General recommendations. Sec. 762. NTSB safety recommendations. Sec. 763. Qualifications of pipeline personnel. Sec. 764. Pipeline integrity inspection program. Sec. 765. Enforcement. Sec. 766. Public education, emergency preparedness, and community right-to- know. Sec. 767. Penalties. Sec. 768. State oversight role. Sec. 769. Improved data and data availability. Sec. 770. Research and development. Sec. 771. Pipeline integrity technical advisory committee. Sec. 772. Authorization of appropriations. Sec. 773. Operator assistance in investigations. Sec. 774. Protection of employees providing pipeline safety information. Sec. 775. State pipeline safety advisory committees. Sec. 776. Fines and penalties. Sec. 777. Study of rights-of-way. Sec. 778. Study of natural gas reserve. Sec. 779. Study and report on natural gas pipeline and storage facilities in New England. P ART III—P IPELINE S ECURITY S ENSITIVE I NFORMATION Sec. 781. Meeting community right-to-know without security risks. Sec. 782. Technical assistance for security of pipeline facilities. Sec. 783. Criminal penalties for damaging or destroying a facility. DIVISION C—DIVERSIFYING ENERGY DEMAND AND IMPROVING EFFICIENCY TITLE VIII—FUELS AND VEHICLES Subtitle A—CAFE Standards, Alternative Fuels, and Advanced Technology Sec. 801. Increased fuel economy standards. Sec. 802. Expedited procedures for congressional increase in fuel economy stand- ards. Sec. 803. Revised considerations for decisions on maximum feasible average fuel economy. † 6
Sec. 804. Extension of maximum fuel economy increase for alternative fueled ve- hicles. Sec. 805. Procurement of alternative fueled and hybrid light duty trucks. Sec. 806. Use of alternative fuels. Sec. 807. Hybrid electric and fuel cell vehicles. Sec. 808. Diesel fueled vehicles. Sec. 809. Fuel cell demonstration. Sec. 810. Bus replacement. Sec. 811. Average fuel economy standards for pickup trucks. Sec. 812. Exception to HOV passenger requirements for alternative fuel vehicles. Sec. 813. Data collection. Sec. 814. Green school bus pilot program. Sec. 815. Fuel cell bus development and demonstration program. Sec. 816. Authorization of appropriations. Sec. 817. Temporary biodiesel credit expansion. Sec. 818. Neighborhood electric vehicles. Sec. 819. Credit for hybrid vehicles, dedicated alternative fuel vehicles, and infra- structure. Sec. 820. Renewable content of motor vehicle fuel. Sec. 820A. Federal agency ethanol-blended gasoline and biodiesel purchasing re- quirement. Sec. 820B. Commercial byproducts from municipal solid waste loan guarantee program. Subtitle B—Additional Fuel Efficiency Measures Sec. 821. Fuel efficiency of the Federal fleet of automobiles. Sec. 822. Idling reduction systems in heavy duty vehicles. Sec. 823. Conserve By Bicycling program. Sec. 824. Fuel cell vehicle program. Subtitle C—Federal Reformulated Fuels Sec. 831. Short title. Sec. 832. Leaking underground storage tanks. Sec. 833. Authority for water quality protection from fuels. Sec. 834. Elimination of oxygen content requirement for reformulated gasoline. Sec. 835. Public health and environmental impacts of fuels and fuel additives. Sec. 836. Analyses of motor vehicle fuel changes. Sec. 837. Additional opt-in areas under reformulated gasoline program. Sec. 838. Federal enforcement of State fuels requirements. Sec. 839. Fuel system requirements harmonization study. Sec. 840. Review of Federal procurement initiatives relating to use of recycled products and fleet and transportation efficiency. TITLE IX—ENERGY EFFICIENCY AND ASSISTANCE TO LOW INCOME CONSUMERS Subtitle A—Low Income Assistance and State Energy Programs Sec. 901. Increased funding for LIHEAP, weatherization assistance, and State energy grants. Sec. 902. State energy programs. Sec. 903. Energy efficient schools. Sec. 904. Low income community energy efficiency pilot program. Sec. 905. Energy efficient appliance rebate programs. † 7
Subtitle B—Federal Energy Efficiency Sec. 911. Energy management requirements. Sec. 912. Energy use measurement and accountability. Sec. 913. Federal building performance standards. Sec. 914. Procurement of energy efficient products. Sec. 915. Repeal of energy savings performance contract sunset. Sec. 916. Energy savings performance contract definitions. Sec. 917. Review of energy savings performance contract program. Sec. 918. Federal Energy Bank. Sec. 919. Energy and water saving measures in congressional buildings. Sec. 920. Increased use of recovered material in federally funded projects involv- ing procurement of cement or concrete. Subtitle C—Industrial Efficiency and Consumer Products Sec. 921. Voluntary commitments to reduce industrial energy intensity. Sec. 922. Authority to set standards for commercial products. Sec. 923. Additional definitions. Sec. 924. Additional test procedures. Sec. 925. Energy labeling. Sec. 926. Energy Star Program. Sec. 927. Energy conservation standards for central air-conditioners and heat pumps. Sec. 928. Energy conservation standards for additional consumer and commercial products. Sec. 929. Consumer education on energy efficiency benefits of air-conditioning, heating, and ventilation maintenance. Sec. 930. Study of energy efficiency standards. Subtitle D—Housing Efficiency Sec. 931. Capacity building for energy efficient, affordable housing. Sec. 932. Increase of CDBG public services cap for energy conservation and effi- ciency activities. Sec. 933. FHA mortgage insurance incentives for energy efficient housing. Sec. 934. Public housing capital fund. Sec. 935. Grants for energy-conserving improvements for assisted housing. Sec. 936. North American Development Bank. Sec. 937. Capital fund. Sec. 938. Energy-efficient appliances. Sec. 939. Energy efficiency standards. Sec. 940. Energy strategy for HUD. Subtitle E—Rural and Remote Communities Sec. 941. Short title. Sec. 942. Findings and purpose. Sec. 943. Definitions. Sec. 944. Authorization of appropriations. Sec. 945. Statement of activities and review. Sec. 946. Eligible activities. Sec. 947. Allocation and distribution of funds. Sec. 948. Rural and remote community electrification grants. Sec. 949. Additional authorization of appropriations. Sec. 950. Rural recovery community development block grants. † 8
DIVISION D—INTEGRATION OF ENERGY POLICY AND CLIMATE CHANGE POLICY TITLE X—NATIONAL CLIMATE CHANGE POLICY Subtitle A—Sense of Congress Sec. 1001. Sense of Congress on climate change. Subtitle B—Climate Change Strategy Sec. 1011. Short title. Sec. 1012. Definitions. Sec. 1013. National climate change strategy. Sec. 1014. Office of National Climate Change Policy. Sec. 1015. Office of Climate Change Technology. Sec. 1016. Additional offices and activities. Subtitle C—Science and Technology Policy Sec. 1021. Global climate change in the Office of Science and Technology Policy. Sec. 1022. Director of Office of Science and Technology Policy Functions. Subtitle D—Miscellaneous Provisions Sec. 1031. Additional information for regulatory review. Sec. 1032. Greenhouse gas emissions from Federal facilities. TITLE XI—NATIONAL GREENHOUSE GAS DATABASE Sec. 1101. Purpose. Sec. 1102. Definitions. Sec. 1103. Establishment of memorandum of agreement. Sec. 1104. National Greenhouse Gas Database. Sec. 1105. Greenhouse gas reduction reporting. Sec. 1106. Measurement and verification. Sec. 1107. Independent reviews. Sec. 1108. Review of participation. Sec. 1109. Enforcement. Sec. 1110. Report on statutory changes and harmonization. Sec. 1111. Authorization of appropriations. DIVISION E—ENHANCING RESEARCH, DEVELOPMENT, AND TRAINING TITLE XII—ENERGY RESEARCH AND DEVELOPMENT PROGRAMS Sec. 1201. Short title. Sec. 1202. Findings. Sec. 1203. Definitions. Sec. 1204. Construction with other laws. Subtitle A—Energy Efficiency Sec. 1211. Enhanced energy efficiency research and development. Sec. 1212. Energy efficiency science initiative. Sec. 1213. Next generation lighting initiative. Sec. 1214. Railroad efficiency. Sec. 1215. High power density industry program. † 9
Sec. 1216. Research regarding precious metal catalysis. Subtitle B—Renewable Energy Sec. 1221. Enhanced renewable energy research and development. Sec. 1222. Bioenergy programs. Sec. 1223. Hydrogen research and development. Subtitle C—Fossil Energy Sec. 1231. Enhanced fossil energy research and development. Sec. 1232. Power plant improvement initiative. Sec. 1233. Research and development for advanced safe and efficient coal mining technologies. Sec. 1234. Ultra-deepwater and unconventional resource exploration and produc- tion technologies. Sec. 1235. Research and development for new natural gas transportation tech- nologies. Sec. 1236. Authorization of appropriations for Office of Arctic Energy. Sec. 1237. Clean coal technology loan. Subtitle D—Nuclear Energy Sec. 1241. Enhanced nuclear energy research and development. Sec. 1242. University nuclear science and engineering support. Sec. 1243. Nuclear energy research initiative. Sec. 1244. Nuclear energy plant optimization program. Sec. 1245. Nuclear energy technology development program. Subtitle E—Fundamental Energy Science Sec. 1251. Enhanced programs in fundamental energy science. Sec. 1252. Nanoscale science and engineering research. Sec. 1253. Advanced scientific computing for energy missions. Sec. 1254. Fusion energy sciences program and planning. Subtitle F—Energy, Safety, and Environmental Protection Sec. 1261. Critical energy infrastructure protection research and development. Sec. 1262. Research and demonstration for remediation of groundwater from en- ergy activities. TITLE XIII—CLIMATE CHANGE SCIENCE AND TECHNOLOGY Subtitle A—Department of Energy Programs Sec. 1301. Department of Energy global change research. Sec. 1302. Amendments to the Federal Nonnuclear Research and Development Act of 1974. Subtitle B—Department of Agriculture Programs Sec. 1311. Carbon sequestration basic and applied research. Sec. 1312. Carbon sequestration demonstration projects and outreach. Sec. 1313. Carbon storage and sequestration accounting research. Subtitle C—International Energy Technology Transfer Sec. 1321. Clean energy technology exports program. † 10
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