Energy Independence and Security Act of 2007

by the 110th Congress of the United States

110^TH UNITED STATES CONGRESS
1^ST SESSION

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.

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

Section 1. Short Title; Table of Contents.

(a) Short Title.—

This Act may be cited as the ``Energy Independence and Security Act of 2007´´.

(b) Table of Contents.—

The table of contents of this Act is as follows:

Sec. 1. Short Title; Table of Contents.

Sec. 2. Definitions.

Sec. 3. Relationship to Other Law.

TITLE I—ENERGY SECURITY THROUGH IMPROVED VEHICLE FUEL ECONOMY

Subtitle A—Increased Corporate Average Fuel Economy Standards

Sec. 101. Short Title.

Sec. 102. Average Fuel Economy Standards For Automobiles And Certain Other 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.

TITLE II—ENERGY SECURITY THROUGH INCREASED PRODUCTION OF BIOFUELS

Subtitle A—Renewable Fuel Standard

Sec. 201. Definitions.

Sec. 202. Renewable Fuel Standard.

Sec. 203. Study Of Impact Of Renewable Fuel Standard.

Sec. 204. Environmental And Resource Conservation Impacts.

Sec. 205. Biomass-Based Diesel And Biodiesel Labeling.

Sec. 206. Study Of Credits For Use Of Renewable Electricity In Electric Vehicles.

Sec. 207. Grants For Production Of Advanced Biofuels.

Sec. 208. Integrated Consideration Of Water Quality In Determinations On Fuels And Fuel Additives.

Sec. 209. Anti-Backsliding.

Sec. 210. Effective Date, Savings Provision, And Transition Rules.

Subtitle B—Biofuels Research and Development

Sec. 221. Biodiesel.

Sec. 222. Biogas.

Sec. 223. Grants For Biofuel Production Research And Development In Certain States.

Sec. 224. Biorefinery Energy Efficiency.

Sec. 225. Study Of Optimization Of Flexible Fueled Vehicles To Use E-85 Fuel.

Sec. 226. Study Of Engine Durability And Performance Associated With The Use Of Biodiesel.

Sec. 227. Study Of Optimization Of Biogas Used In Natural Gas Vehicles.

Sec. 228. Algal Biomass.

Sec. 229. Biofuels And Biorefinery Information Center.

Sec. 230. Cellulosic Ethanol And Biofuels Research.

Sec. 231. Bioenergy Research And Development, Authorization Of Appropriation.

Sec. 232. Environmental Research And Development.

Sec. 233. Bioenergy Research Centers.

Sec. 234. University Based Research And Development Grant Program.

Subtitle C—Biofuels Infrastructure

Sec. 241. Prohibition On Franchise Agreement Restrictions Related To Renewable Fuel Infrastructure.

Sec. 242. Renewable Fuel Dispenser Requirements.

Sec. 243. Ethanol Pipeline Feasibility Study.

Sec. 244. Renewable Fuel Infrastructure Grants.

Sec. 245. Study Of The Adequacy Of Transportation Of Domestically-Produced 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.

TITLE III—ENERGY SAVINGS THROUGH IMPROVED STANDARDS FOR APPLIANCE AND LIGHTING

Subtitle A—Appliance Energy Efficiency

Sec. 301. External Power Supply Efficiency Standards.

Sec. 302. Updating Appliance Test Procedures.

Sec. 303. Residential Boilers.

Sec. 304. Furnace Fan Standard Process.

Sec. 305. Improving Schedule For Standards Updating And Clarifying State Authority.

Sec. 306. Regional Standards For Furnaces, Central Air Conditioners, And Heat Pumps.

Sec. 307. Procedure For Prescribing New Or Amended Standards.

Sec. 308. Expedited Rulemakings.

Sec. 309. Battery Chargers.

Sec. 310. Standby Mode.

Sec. 311. Energy Standards For Home Appliances.

Sec. 312. Walk-In Coolers And Walk-In Freezers.

Sec. 313. Electric Motor Efficiency Standards.

Sec. 314. Standards For Single Package Vertical Air Conditioners And Heat Pumps.

Sec. 315. Improved Energy Efficiency For Appliances And Buildings In Cold Climates.

Sec. 316. Technical Corrections.

Subtitle B—Lighting Energy Efficiency

Sec. 321. Efficient Light Bulbs.

Sec. 322. Incandescent Reflector Lamp Efficiency Standards.

Sec. 323. Public Building Energy Efficient And Renewable Energy Systems.

Sec. 324. Metal Halide Lamp Fixtures.

Sec. 325. Energy Efficiency Labeling For Consumer Electronic Products.

TITLE IV—ENERGY SAVINGS IN BUILDINGS AND INDUSTRY

Sec. 401. Definitions.

Subtitle A—Residential Building Efficiency

Sec. 411. Reauthorization of weatherization assistance program.

Sec. 412. Study of renewable energy rebate programs.

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

Subtitle B—High-Performance Commercial Buildings

Sec. 421. Commercial high-performance green buildings.

Sec. 422. Zero Net Energy Commercial Buildings Initiative.

Sec. 423. Public outreach.

Subtitle C—High-Performance Federal Buildings

Sec. 431. Energy reduction goals for Federal buildings.

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

Sec. 433. Federal building energy efficiency performance standards.

Sec. 434. Management of Federal building efficiency.

Sec. 435. Leasing.

Sec. 436. High-performance green Federal buildings.

Sec. 437. Federal green building performance.

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

Sec. 439. Cost-effective technology acceleration program.

Sec. 440. Authorization of appropriations.

Sec. 441. Public building life-cycle costs.

Subtitle D—Industrial Energy Efficiency

Sec. 451. Industrial energy efficiency.

Sec. 452. Energy-intensive industries program.

Sec. 453. Energy efficiency for data center buildings.

Subtitle E—Healthy High-Performance Schools

Sec. 461. Healthy high-performance schools.

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

Subtitle F—Institutional Entities

Sec. 471. Energy sustainability and efficiency grants and loans for institutions.

Subtitle G—Public and Assisted Housing

Sec. 481. Application of International Energy Conservation Code to public and 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.

TITLE V—ENERGY SAVINGS IN GOVERNMENT AND PUBLIC INSTITUTIONS

Subtitle A—United States Capitol Complex

Sec. 501. Capitol Complex Photovoltaic Roof Feasibility Studies.

Sec. 502. Capitol Complex E-85 Refueling Station.

Sec. 503. Energy And Environmental Measures In Capitol Complex Master Plan.

Sec. 504. Promoting Maximum Efficiency In Operation Of Capitol Power Plant.

Sec. 505. Capitol Power Plant Carbon Dioxide Emissions Feasibility Study And 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.

TITLE VI—ACCELERATED RESEARCH AND DEVELOPMENT

Subtitle A—Solar Energy

Sec. 601. Short title.

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

Sec. 603. Concentrating solar power commercial application studies.

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

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

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

Sec. 607. Photovoltaic demonstration program.

Subtitle B—Geothermal Energy

Sec. 611. Short title.

Sec. 612. Definitions.

Sec. 613. Hydrothermal research and development.

Sec. 614. General geothermal systems research and development.

Sec. 615. Enhanced geothermal systems research and development.

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

Sec. 617. Cost sharing and proposal evaluation.

Sec. 618. Center for geothermal technology transfer.

Sec. 619. GeoPowering America.

Sec. 620. Educational pilot program.

Sec. 621. Reports.

Sec. 622. Applicability of other laws.

Sec. 623. Authorization of appropriations.

Sec. 624. International geothermal energy development.

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

Subtitle C—Marine and Hydrokinetic Renewable Energy Technologies

Sec. 631. Short title.

Sec. 632. Definition.

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

Sec. 634. National Marine Renewable Energy Research, Development, and 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.

TITLE VII—CARBON CAPTURE AND SEQUESTRATION

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

Sec. 701. Short title.

Sec. 702. Carbon capture and sequestration research, development, and 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.

TITLE VIII—IMPROVED MANAGEMENT OF ENERGY POLICY

Subtitle A—Management Improvements

Sec. 801. National media campaign.

Sec. 802. Alaska Natural Gas Pipeline administration.

Sec. 803. Renewable energy deployment.

Sec. 804. Coordination of planned refinery outages.

Sec. 805. Assessment of resources.

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

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

Subtitle B—Prohibitions on Market Manipulation and False Information

Sec. 811. Prohibition on market manipulation.

Sec. 812. Prohibition on false information.

Sec. 813. Enforcement by the Federal Trade Commission.

Sec. 814. Penalties.

Sec. 815. Effect on other laws.

TITLE IX—INTERNATIONAL ENERGY PROGRAMS

Sec. 901. Definitions.

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

Sec. 911. United States assistance for developing countries.

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

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

TITLE X—GREEN JOBS

Sec. 1001. Short title.

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

TITLE XI—ENERGY TRANSPORTATION AND INFRASTRUCTURE

Subtitle A—Department of Transportation

Sec. 1101. Office of Climate Change and Environment.

Subtitle B—Railroads

Sec. 1111. Advanced technology locomotive grant pilot program.

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

Subtitle C—Marine Transportation

Sec. 1121. Short sea transportation initiative.

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

Sec. 1123. Short sea transportation report.

Subtitle D—Highways

Sec. 1131. Increased Federal share for CMAQ projects.

Sec. 1132. Distribution of rescissions.

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

TITLE XII—SMALL BUSINESS ENERGY PROGRAMS

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

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

TITLE XIII—SMART GRID

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

Sec. 1302. Smart grid system report.

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

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

Sec. 1305. Smart grid interoperability framework.

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

Sec. 1307. State consideration of smart grid.

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

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

TITLE XIV—POOL AND SPA SAFETY

Sec. 1401. Short title.

Sec. 1402. Findings.

Sec. 1403. Definitions.

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

Sec. 1405. State swimming pool safety grant program.

Sec. 1406. Minimum State law requirements.

Sec. 1407. Education program.

Sec. 1408. CPSC report.

TITLE XV—REVENUE PROVISIONS

Sec. 1500. Amendment of 1986 Code.

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

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

TITLE XVI—EFFECTIVE DATE

Sec. 1601. Effective date.

Sec. 2. Definitions.

In this Act:

(1) DEPARTMENT.—

The term `Department´ means the Department of Energy.

(2) INSTITUTION OF HIGHER EDUCATION.—

The term `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)).

(3) SECRETARY.—

The term `Secretary´ means the Secretary of Energy.

Sec. 3. Relationship to Other Law.

Except to the extent expressly provided in this Act or an 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.

• H.R. 6

• 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.
• WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007):
  • Dec. 19, Presidential remarks.