Energy Policy Act of 2005

by the 109th Congress of the United States

109^TH UNITED STATES CONGRESS
1^ST SESSION

An Act
To ensure jobs for our future with secure, affordable, and reliable energy.

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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 Policy Act of 2005´´.

(b) Table of Contents.—

The table of contents for this Act is as follows:

Sec. 1. Short Title; Table of Contents.

Sec. 2. Definitions.

TITLE I—ENERGY EFFICIENCY

Subtitle A—Federal Programs

Sec. 101. Energy and water saving measures in congressional buildings.

Sec. 102. Energy management requirements.

Sec. 103. Energy use measurement and accountability.

Sec. 104. Procurement of energy efficient products.

Sec. 105. Energy savings performance contracts.

Sec. 106. Voluntary commitments to reduce industrial energy intensity.

Sec. 107. Advanced Building Efficiency Testbed.

Sec. 108. Increased use of recovered mineral component in federally funded projects involving procurement of cement or concrete.

Sec. 109. Federal building performance standards.

Sec. 110. Daylight savings.

Sec. 111. Enhancing energy efficiency in management of Federal lands.

Subtitle B—Energy Assistance and State Programs

Sec. 121. Low-income home energy assistance program.

Sec. 122. Weatherization assistance.

Sec. 123. State energy programs.

Sec. 124. Energy efficient appliance rebate programs.

Sec. 125. Energy efficient public buildings.

Sec. 126. Low income community energy efficiency pilot program.

Sec. 127. State Technologies Advancement Collaborative.

Sec. 128. State building energy efficiency codes incentives.

Subtitle C—Energy Efficient Products

Sec. 131. Energy Star program.

Sec. 132. HVAC maintenance consumer education program.

Sec. 133. Public energy education program.

Sec. 134. Energy efficiency public information initiative.

Sec. 135. Energy conservation standards for additional products.

Sec. 136. Energy conservation standards for commercial equipment.

Sec. 137. Energy labeling.

Sec. 138. Intermittent escalator study.

Sec. 139. Energy efficient electric and natural gas utilities study.

Sec. 140. Energy efficiency pilot program.

Sec. 141. Report on failure to comply with deadlines for new or revised energy conservation standards.

Subtitle D—Public Housing

Sec. 151. Public housing capital fund.

Sec. 152. Energy-efficient appliances.

Sec. 153. Energy efficiency standards.

Sec. 154. Energy strategy for HUD.

TITLE II—RENEWABLE ENERGY

Subtitle A—General Provisions

Sec. 201. Assessment of renewable energy resources.

Sec. 202. Renewable energy production incentive.

Sec. 203. Federal purchase requirement.

Sec. 204. Use of photovoltaic energy in public buildings.

Sec. 205. Biobased products.

Sec. 206. Renewable energy security.

Sec. 207. Installation of photovoltaic system.

Sec. 208. Sugar cane ethanol program.

Sec. 209. Rural and remote community electrification grants.

Sec. 210. Grants to improve the commercial value of forest biomass for electric energy, useful heat, transportation fuels, and other commercial purposes.

Sec. 211. Sense of Congress regarding generation capacity of electricity from renewable energy resources on public lands.

Subtitle B—Geothermal Energy

Sec. 221. Short title.

Sec. 222. Competitive lease sale requirements.

Sec. 223. Direct use.

Sec. 224. Royalties and near-term production incentives.

Sec. 225. Coordination of geothermal leasing and permitting on Federal lands.

Sec. 226. Assessment of geothermal energy potential.

Sec. 227. Cooperative or unit plans.

Sec. 228. Royalty on byproducts.

Sec. 229. Authorities of Secretary to readjust terms, conditions, rentals, and royalties.

Sec. 230. Crediting of rental toward royalty.

Sec. 231. Lease duration and work commitment requirements.

Sec. 232. Advanced royalties required for cessation of production.

Sec. 233. Annual rental.

Sec. 234. Deposit and use of geothermal lease revenues for 5 fiscal years.

Sec. 235. Acreage limitations.

Sec. 236. Technical amendments.

Sec. 237. Intermountain West Geothermal Consortium.

Subtitle C—Hydroelectric

Sec. 241. Alternative conditions and fishways.

Sec. 242. Hydroelectric production incentives.

Sec. 243. Hydroelectric efficiency improvement.

Sec. 244. Alaska State jurisdiction over small hydroelectric projects.

Sec. 245. Flint Creek hydroelectric project.

Sec. 246. Small hydroelectric power projects.

Subtitle D—Insular Energy

Sec. 251. Insular areas energy security.

Sec. 252. Projects enhancing insular energy independence.

TITLE III—OIL AND GAS

Subtitle A—Petroleum Reserve and Home Heating Oil

Sec. 301. Permanent authority to operate the Strategic Petroleum Reserve and other energy programs.

Sec. 302. National Oilheat Research Alliance.

Sec. 303. Site selection.

Subtitle B—Natural Gas

Sec. 311. Exportation or importation of natural gas.

Sec. 312. New natural gas storage facilities.

Sec. 313. Process coordination; hearings; rules of procedure.

Sec. 314. Penalties.

Sec. 315. Market manipulation.

Sec. 316. Natural gas market transparency rules.

Sec. 317. Federal-State liquefied natural gas forums.

Sec. 318. Prohibition of trading and serving by certain individuals.

Subtitle C—Production

Sec. 321. Outer Continental Shelf provisions.

Sec. 322. Hydraulic fracturing.

Sec. 323. Oil and gas exploration and production defined.

Subtitle D—Naval Petroleum Reserve

Sec. 331. Transfer of administrative jurisdiction and environmental remediation, Naval Petroleum Reserve Numbered 2, Kern County, California.

Sec. 332. Naval Petroleum Reserve Numbered 2 Lease Revenue Account.

Sec. 333. Land conveyance, portion of Naval Petroleum Reserve Numbered 2, to City of Taft, California.

Sec. 334. Revocation of land withdrawal.

Subtitle E—Production Incentives

Sec. 341. Definition of Secretary.

Sec. 342. Program on oil and gas royalties in-kind.

Sec. 343. Marginal property production incentives.

Sec. 344. Incentives for natural gas production from deep wells in the shallow waters of the Gulf of Mexico.

Sec. 345. Royalty relief for deep water production.

Sec. 346. Alaska offshore royalty suspension.

Sec. 347. Oil and gas leasing in the National Petroleum Reserve in Alaska.

Sec. 348. North Slope Science Initiative.

Sec. 349. Orphaned, abandoned, or idled wells on Federal land.

Sec. 350. Combined hydrocarbon leasing.

Sec. 351. Preservation of geological and geophysical data.

Sec. 352. Oil and gas lease acreage limitations.

Sec. 353. Gas hydrate production incentive.

Sec. 354. Enhanced oil and natural gas production through carbon dioxide injection.

Sec. 355. Assessment of dependence of State of Hawaii on oil.

Sec. 356. Denali Commission.

Sec. 357. Comprehensive inventory of OCS oil and natural gas resources.

Subtitle F—Access to Federal Lands

Sec. 361. Federal onshore oil and gas leasing and permitting practices.

Sec. 362. Management of Federal oil and gas leasing programs.

Sec. 363. Consultation regarding oil and gas leasing on public land.

Sec. 364. Estimates of oil and gas resources underlying onshore Federal land.

Sec. 365. Pilot project to improve Federal permit coordination.

Sec. 366. Deadline for consideration of applications for permits.

Sec. 367. Fair market value determinations for linear rights-of-way across public lands and National Forests.

Sec. 368. Energy right-of-way corridors on Federal land.

Sec. 369. Oil shale, tar sands, and other strategic unconventional fuels.

Sec. 370. Finger Lakes withdrawal.

Sec. 371. Reinstatement of leases.

Sec. 372. Consultation regarding energy rights-of-way on public land.

Sec. 373. Sense of Congress regarding development of minerals under Padre Island National Seashore.

Sec. 374. Livingston Parish mineral rights transfer.

Subtitle G—Miscellaneous

Sec. 381. Deadline for decision on appeals of consistency determination under the Coastal Zone Management Act of 1972.

Sec. 382. Appeals relating to offshore mineral development.

Sec. 383. Royalty payments under leases under the Outer Continental Shelf Lands Act.

Sec. 384. Coastal impact assistance program.

Sec. 385. Study of availability of skilled workers.

Sec. 386. Great Lakes oil and gas drilling ban.

Sec. 387. Federal coalbed methane regulation.

Sec. 388. Alternate energy-related uses on the Outer Continental Shelf.

Sec. 389. Oil Spill Recovery Institute.

Sec. 390. NEPA review.

Subtitle H—Refinery Revitalization

Sec. 391. Findings and definitions.

Sec. 392. Federal-State regulatory coordination and assistance.

TITLE IV—COAL

Subtitle A—Clean Coal Power Initiative

Sec. 401. Authorization of appropriations.

Sec. 402. Project criteria.

Sec. 403. Report.

Sec. 404. Clean coal centers of excellence.

Subtitle B—Clean Power Projects

Sec. 411. Integrated coal/renewable energy system.

Sec. 412. Loan to place Alaska clean coal technology facility in service.

Sec. 413. Western integrated coal gasification demonstration project.

Sec. 414. Coal gasification.

Sec. 415. Petroleum coke gasification.

Sec. 416. Electron scrubbing demonstration.

Sec. 417. Department of Energy transportation fuels from Illinois basin coal.

Subtitle C—Coal and Related Programs

Sec. 421. Amendment of the Energy Policy Act of 1992.

Subtitle D—Federal Coal Leases

Sec. 431. Short title.

Sec. 432. Repeal of the 160-acre limitation for coal leases.

Sec. 433. Approval of logical mining units.

Sec. 434. Payment of advance royalties under coal leases.

Sec. 435. Elimination of deadline for submission of coal lease operation and reclamation plan.

Sec. 436. Amendment relating to financial assurances with respect to bonus bids.

Sec. 437. Inventory requirement.

Sec. 438. Application of amendments.

TITLE V—INDIAN ENERGY

Sec. 501. Short title.

Sec. 502. Office of Indian Energy Policy and Programs.

Sec. 503. Indian energy.

Sec. 504. Consultation with Indian tribes.

Sec. 505. Four Corners transmission line project and electrification.

Sec. 506. Energy efficiency in federally assisted housing.

TITLE VI—NUCLEAR MATTERS

Subtitle A—Price-Anderson Act Amendments

Sec. 601. Short title.

Sec. 602. Extension of indemnification authority.

Sec. 603. Maximum assessment.

Sec. 604. Department liability limit.

Sec. 605. Incidents outside the United States.

Sec. 606. Reports.

Sec. 607. Inflation adjustment.

Sec. 608. Treatment of modular reactors.

Sec. 609. Applicability.

Sec. 610. Civil penalties.

Subtitle B—General Nuclear Matters

Sec. 621. Licenses.

Sec. 622. Nuclear Regulatory Commission scholarship and fellowship program.

Sec. 623. Cost recovery from Government agencies.

Sec. 624. Elimination of pension offset for certain rehired Federal retirees.

Sec. 625. Antitrust review.

Sec. 626. Decommissioning.

Sec. 627. Limitation on legal fee reimbursement.

Sec. 628. Decommissioning pilot program.

Sec. 629. Whistleblower protection.

Sec. 630. Medical isotope production.

Sec. 631. Safe disposal of greater-than-Class C radioactive waste.

Sec. 632. Prohibition on nuclear exports to countries that sponsor terrorism.

Sec. 633. Employee benefits.

Sec. 634. Demonstration hydrogen production at existing nuclear power plants.

Sec. 635. Prohibition on assumption by United States Government of liability for certain foreign incidents.

Sec. 636. Authorization of appropriations.

Sec. 637. Nuclear Regulatory Commission user fees and annual charges.

Sec. 638. Standby support for certain nuclear plant delays.

Sec. 639. Conflicts of interest relating to contracts and other arrangements.

Subtitle C—Next Generation Nuclear Plant Project

Sec. 641. Project establishment.

Sec. 642. Project management.

Sec. 643. Project organization.

Sec. 644. Nuclear Regulatory Commission.

Sec. 645. Project timelines and authorization of appropriations.

Subtitle D—Nuclear Security

Sec. 651. Nuclear facility and materials security.

Sec. 652. Fingerprinting and criminal history record checks.

Sec. 653. Use of firearms by security personnel.

Sec. 654. Unauthorized introduction of dangerous weapons.

Sec. 655. Sabotage of nuclear facilities, fuel, or designated material.

Sec. 656. Secure transfer of nuclear materials.

Sec. 657. Department of Homeland Security consultation.

TITLE VII—VEHICLES AND FUELS

Subtitle A—Existing Programs

Sec. 701. Use of alternative fuels by dual fueled vehicles.

Sec. 702. Incremental cost allocation.

Sec. 703. Alternative compliance and flexibility.

Sec. 704. Review of Energy Policy Act of 1992 programs.

Sec. 705. Report concerning compliance with alternative fueled vehicle purchasing requirements.

Sec. 706. Joint flexible fuel/hybrid vehicle commercialization initiative.

Sec. 707. Emergency exemption.

Subtitle B—Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses

Part 1—Hybrid Vehicles

Sec. 711. Hybrid vehicles.

Sec. 712. Efficient hybrid and advanced diesel vehicles.

Part 2—Advanced Vehicles

Sec. 721. Pilot program.

Sec. 722. Reports to Congress.

Sec. 723. Authorization of appropriations.

Part 3—Fuel Cell Buses

Sec. 731. Fuel cell transit bus demonstration.

Subtitle C—Clean School Buses

Sec. 741. Clean school bus program.

Sec. 742. Diesel truck retrofit and fleet modernization program.

Sec. 743. Fuel cell school buses.

Subtitle D—Miscellaneous

Sec. 751. Railroad efficiency.

Sec. 752. Mobile emission reductions trading and crediting.

Sec. 753. Aviation fuel conservation and emissions.

Sec. 754. Diesel fueled vehicles.

Sec. 755. Conserve by Bicycling Program.

Sec. 756. Reduction of engine idling.

Sec. 757. Biodiesel engine testing program.

Sec. 758. Ultra-efficient engine technology for aircraft.

Sec. 759. Fuel economy incentive requirements.

Subtitle E—Automobile Efficiency

Sec. 771. Authorization of appropriations for implementation and enforcement of fuel economy standards.

Sec. 772. Extension of maximum fuel economy increase for alternative fueled vehicles.

Sec. 773. Study of feasibility and effects of reducing use of fuel for automobiles.

Sec. 774. Update testing procedures.

Subtitle F—Federal and State Procurement

Sec. 781. Definitions.

Sec. 782. Federal and State procurement of fuel cell vehicles and hydrogen energy systems.

Sec. 783. Federal procurement of stationary, portable, and micro fuel cells.

Subtitle G—Diesel Emissions Reduction

Sec. 791. Definitions.

Sec. 792. National grant and loan programs.

Sec. 793. State grant and loan programs.

Sec. 794. Evaluation and report.

Sec. 795. Outreach and incentives.

Sec. 796. Effect of subtitle.

Sec. 797. Authorization of appropriations.

TITLE VIII—HYDROGEN

Sec. 801. Hydrogen and fuel cell program.

Sec. 802. Purposes.

Sec. 803. Definitions.

Sec. 804. Plan.

Sec. 805. Programs.

Sec. 806. Hydrogen and Fuel Cell Technical Task Force.

Sec. 807. Technical Advisory Committee.

Sec. 808. Demonstration.

Sec. 809. Codes and standards.

Sec. 810. Disclosure.

Sec. 811. Reports.

Sec. 812. Solar and wind technologies.

Sec. 813. Technology transfer.

Sec. 814. Miscellaneous provisions.

Sec. 815. Cost sharing.

Sec. 816. Savings clause.

TITLE IX—RESEARCH AND DEVELOPMENT

Sec. 901. Short title.

Sec. 902. Goals.

Sec. 903. Definitions.

Subtitle A—Energy Efficiency

Sec. 911. Energy efficiency.

Sec. 912. Next Generation Lighting Initiative.

Sec. 913. National Building Performance Initiative.

Sec. 914. Building standards.

Sec. 915. Secondary electric vehicle battery use program.

Sec. 916. Energy Efficiency Science Initiative.

Sec. 917. Advanced Energy Efficiency Technology Transfer Centers.

Subtitle B—Distributed Energy and Electric Energy Systems

Sec. 921. Distributed energy and electric energy systems.

Sec. 922. High power density industry program.

Sec. 923. Micro-cogeneration energy technology.

Sec. 924. Distributed energy technology demonstration programs.

Sec. 925. Electric transmission and distribution programs.

Subtitle C—Renewable Energy

Sec. 931. Renewable energy.

Sec. 932. Bioenergy program.

Sec. 933. Low-cost renewable hydrogen and infrastructure for vehicle propulsion.

Sec. 934. Concentrating solar power research program.

Sec. 935. Renewable energy in public buildings.

Subtitle D—Agricultural Biomass Research and Development Programs

Sec. 941. Amendments to the Biomass Research and Development Act of 2000.

Sec. 942. Production incentives for cellulosic biofuels.

Sec. 943. Procurement of biobased products.

Sec. 944. Small business bioproduct marketing and certification grants.

Sec. 945. Regional bioeconomy development grants.

Sec. 946. Preprocessing and harvesting demonstration grants.

Sec. 947. Education and outreach.

Sec. 948. Reports.

Subtitle E—Nuclear Energy

Sec. 951. Nuclear energy.

Sec. 952. Nuclear energy research programs.

Sec. 953. Advanced fuel cycle initiative.

Sec. 954. University nuclear science and engineering support.

Sec. 955. Department of Energy civilian nuclear infrastructure and facilities.

Sec. 956. Security of nuclear facilities.

Sec. 957. Alternatives to industrial radioactive sources.

Subtitle F—Fossil Energy

Sec. 961. Fossil energy.

Sec. 962. Coal and related technologies program.

Sec. 963. Carbon capture research and development program.

Sec. 964. Research and development for coal mining technologies.

Sec. 965. Oil and gas research programs.

Sec. 966. Low-volume oil and gas reservoir research program.

Sec. 967. Complex well technology testing facility.

Sec. 968. Methane hydrate research.

Subtitle G—Science

Sec. 971. Science.

Sec. 972. Fusion energy sciences program.

Sec. 973. Catalysis research program.

Sec. 974. Hydrogen.

Sec. 975. Solid state lighting.

Sec. 976. Advanced scientific computing for energy missions.

Sec. 977. Systems biology program.

Sec. 978. Fission and fusion energy materials research program.

Sec. 979. Energy and water supplies.

Sec. 980. Spallation Neutron Source.

Sec. 981. Rare isotope accelerator.

Sec. 982. Office of Scientific and Technical Information.

Sec. 983. Science and engineering education pilot program.

Sec. 984. Energy research fellowships.

Sec. 984A. Science and technology scholarship program.

Subtitle H—International Cooperation

Sec. 985. Western Hemisphere energy cooperation.

Sec. 986. Cooperation between United States and Israel.

Sec. 986A. International energy training.

Subtitle I—Research Administration and Operations

Sec. 987. Availability of funds.

Sec. 988. Cost sharing.

Sec. 989. Merit review of proposals.

Sec. 990. External technical review of Departmental programs.

Sec. 991. National Laboratory designation.

Sec. 992. Report on equal employment opportunity practices.

Sec. 993. Strategy and plan for science and energy facilities and infrastructure.

Sec. 994. Strategic research portfolio analysis and coordination plan.

Sec. 995. Competitive award of management contracts.

Sec. 996. Western Michigan demonstration project.

Sec. 997. Arctic Engineering Research Center.

Sec. 998. Barrow Geophysical Research Facility.

Subtitle J—Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Resources

Sec. 999A. Program authority.

Sec. 999B. Ultra-deepwater and unconventional onshore natural gas and other petroleum research and development program.

Sec. 999C. Additional requirements for awards.

Sec. 999D. Advisory committees.

Sec. 999E. Limits on participation.

Sec. 999F. Sunset.

Sec. 999G. Definitions.

Sec. 999H. Funding.

TITLE X—DEPARTMENT OF ENERGY MANAGEMENT

Sec. 1001. Improved technology transfer of energy technologies.

Sec. 1002. Technology Infrastructure Program.

Sec. 1003. Small business advocacy and assistance.

Sec. 1004. Outreach.

Sec. 1005. Relationship to other laws.

Sec. 1006. Improved coordination and management of civilian science and technology programs.

Sec. 1007. Other transactions authority.

Sec. 1008. Prizes for achievement in grand challenges of science and technology.

Sec. 1009. Technical corrections.

Sec. 1010. University collaboration.

Sec. 1011. Sense of Congress.

TITLE XI—PERSONNEL AND TRAINING

Sec. 1101. Workforce trends and traineeship grants.

Sec. 1102. Educational programs in science and mathematics.

Sec. 1103. Training guidelines for nonnuclear electric energy industry personnel.

Sec. 1104. National Center for Energy Management and Building Technologies.

Sec. 1105. Improved access to energy-related scientific and technical careers.

Sec. 1106. National Power Plant Operations Technology and Educational Center.

TITLE XII—ELECTRICITY

Sec. 1201. Short title.

Subtitle A—Reliability Standards

Sec. 1211. Electric reliability standards.

Subtitle B—Transmission Infrastructure Modernization

Sec. 1221. Siting of interstate electric transmission facilities.

Sec. 1222. Third-party finance.

Sec. 1223. Advanced transmission technologies.

Sec. 1224. Advanced Power System Technology Incentive Program.

Subtitle C—Transmission Operation Improvements

Sec. 1231. Open nondiscriminatory access.

Sec. 1232. Federal utility participation in Transmission Organizations.

Sec. 1233. Native load service obligation.

Sec. 1234. Study on the benefits of economic dispatch.

Sec. 1235. Protection of transmission contracts in the Pacific Northwest.

Sec. 1236. Sense of Congress regarding locational installed capacity mechanism.

Subtitle D—Transmission Rate Reform

Sec. 1241. Transmission infrastructure investment.

Sec. 1242. Funding new interconnection and transmission upgrades.

Subtitle E—Amendments to PURPA

Sec. 1251. Net metering and additional standards.

Sec. 1252. Smart metering.

Sec. 1253. Cogeneration and small power production purchase and sale requirements.

Sec. 1254. Interconnection.

Subtitle F—Repeal of PUHCA

Sec. 1261. Short title.

Sec. 1262. Definitions.

Sec. 1263. Repeal of the Public Utility Holding Company Act of 1935.

Sec. 1264. Federal access to books and records.

Sec. 1265. State access to books and records.

Sec. 1266. Exemption authority.

Sec. 1267. Affiliate transactions.

Sec. 1268. Applicability.

Sec. 1269. Effect on other regulations.

Sec. 1270. Enforcement.

Sec. 1271. Savings provisions.

Sec. 1272. Implementation.

Sec. 1273. Transfer of resources.

Sec. 1274. Effective date.

Sec. 1275. Service allocation.

Sec. 1276. Authorization of appropriations.

Sec. 1277. Conforming amendments to the Federal Power Act.

Subtitle G—Market Transparency, Enforcement, and Consumer Protection

Sec. 1281. Electricity market transparency.

Sec. 1282. False statements.

Sec. 1283. Market manipulation.

Sec. 1284. Enforcement.

Sec. 1285. Refund effective date.

Sec. 1286. Refund authority.

Sec. 1287. Consumer privacy and unfair trade practices.

Sec. 1288. Authority of court to prohibit individuals from serving as officers, directors, and energy traders.

Sec. 1289. Merger review reform.

Sec. 1290. Relief for extraordinary violations.

Subtitle H—Definitions

Sec. 1291. Definitions.

Subtitle I—Technical and Conforming Amendments

Sec. 1295. Conforming amendments.

Subtitle J—Economic Dispatch

Sec. 1298. Economic dispatch.

TITLE XIII—ENERGY POLICY TAX INCENTIVES

Sec. 1300. Short title; amendment to 1986 Code.

Subtitle A—Electricity Infrastructure

Sec. 1301. Extension and modification of renewable electricity production credit.

Sec. 1302. Application of section 45 credit to agricultural cooperatives.

Sec. 1303. Clean renewable energy bonds.

Sec. 1304. Treatment of income of certain electric cooperatives.

Sec. 1305. Dispositions of transmission property to implement FERC restructuring policy.

Sec. 1306. Credit for production from advanced nuclear power facilities.

Sec. 1307. Credit for investment in clean coal facilities.

Sec. 1308. Electric transmission property treated as 15-year property.

Sec. 1309. Expansion of amortization for certain atmospheric pollution control facilities in connection with plants first placed in service after 1975.

Sec. 1310. Modifications to special rules for nuclear decommissioning costs.

Sec. 1311. Five-year net operating loss carryover for certain losses.

Subtitle B—Domestic Fossil Fuel Security

Sec. 1321. Extension of credit for producing fuel from a nonconventional source for facilities producing coke or coke gas.

Sec. 1322. Modification of credit for producing fuel from a nonconventional source.

Sec. 1323. Temporary expensing for equipment used in refining of liquid fuels.

Sec. 1324. Pass through to owners of deduction for capital costs incurred by small refiner cooperatives in complying with Environmental Protection Agency sulfur regulations.

Sec. 1325. Natural gas distribution lines treated as 15-year property.

Sec. 1326. Natural gas gathering lines treated as 7-year property.

Sec. 1327. Arbitrage rules not to apply to prepayments for natural gas.

Sec. 1328. Determination of small refiner exception to oil depletion deduction.

Sec. 1329. Amortization of geological and geophysical expenditures.

Subtitle C—Conservation and Energy Efficiency Provisions

Sec. 1331. Energy efficient commercial buildings deduction.

Sec. 1332. Credit for construction of new energy efficient homes.

Sec. 1333. Credit for certain nonbusiness energy property.

Sec. 1334. Credit for energy efficient appliances.

Sec. 1335. Credit for residential energy efficient property.

Sec. 1336. Credit for business installation of qualified fuel cells and stationary microturbine power plants.

Sec. 1337. Business solar investment tax credit.

Subtitle D—Alternative Motor Vehicles and Fuels Incentives

Sec. 1341. Alternative motor vehicle credit.

Sec. 1342. Credit for installation of alternative fueling stations.

Sec. 1343. Reduced motor fuel excise tax on certain mixtures of diesel fuel.

Sec. 1344. Extension of excise tax provisions and income tax credit for biodiesel.

Sec. 1345. Small agri-biodiesel producer credit.

Sec. 1346. Renewable diesel.

Sec. 1347. Modification of small ethanol producer credit.

Sec. 1348. Sunset of deduction for clean-fuel vehicles and certain refueling property.

Subtitle E—Additional Energy Tax Incentives

Sec. 1351. Expansion of research credit.

Sec. 1352. National Academy of Sciences study and report.

Sec. 1353. Recycling study.

Subtitle F—Revenue Raising Provisions

Sec. 1361. Oil Spill Liability Trust Fund financing rate.

Sec. 1362. Extension of Leaking Underground Storage Tank Trust Fund financing rate.

Sec. 1363. Modification of recapture rules for amortizable section 197 intangibles.

Sec. 1364. Clarification of tire excise tax.

TITLE XIV—MISCELLANEOUS

Subtitle A—In General

Sec. 1401. Sense of Congress on risk assessments.

Sec. 1402. Energy production incentives.

Sec. 1403. Regulation of certain oil used in transformers.

Sec. 1404. Petrochemical and oil refinery facility health assessment.

Sec. 1405. National Priority Project Designation.

Sec. 1406. Cold cracking.

Sec. 1407. Oxygen-fuel.

Subtitle B—Set America Free

Sec. 1421. Short title.

Sec. 1422. Purpose.

Sec. 1423. United States Commission on North American Energy Freedom.

Sec. 1424. North American energy freedom policy.

TITLE XV—ETHANOL AND MOTOR FUELS

Subtitle A—General Provisions

Sec. 1501. Renewable content of gasoline.

Sec. 1502. Findings.

Sec. 1503. Claims filed after enactment.

Sec. 1504. Elimination of oxygen content requirement for reformulated gasoline.

Sec. 1505. Public health and environmental impacts of fuels and fuel additives.

Sec. 1506. Analyses of motor vehicle fuel changes.

Sec. 1507. Additional opt-in areas under reformulated gasoline program.

Sec. 1508. Data collection.

Sec. 1509. Fuel system requirements harmonization study.

Sec. 1510. Commercial byproducts from municipal solid waste and cellulosic biomass loan guarantee program.

Sec. 1511. Renewable fuel.

Sec. 1512. Conversion assistance for cellulosic biomass, waste-derived ethanol, approved renewable fuels.

Sec. 1513. Blending of compliant reformulated gasolines.

Sec. 1514. Advanced biofuel technologies program.

Sec. 1515. Waste-derived ethanol and biodiesel.

Sec. 1516. Sugar ethanol loan guarantee program.

Subtitle B—Underground Storage Tank Compliance

Sec. 1521. Short title.

Sec. 1522. Leaking underground storage tanks.

Sec. 1523. Inspection of underground storage tanks.

Sec. 1524. Operator training.

Sec. 1525. Remediation from oxygenated fuel additives.

Sec. 1526. Release prevention, compliance, and enforcement.

Sec. 1527. Delivery prohibition.

Sec. 1528. Federal facilities.

Sec. 1529. Tanks on tribal lands.

Sec. 1530. Additional measures to protect groundwater.

Sec. 1531. Authorization of appropriations.

Sec. 1532. Conforming amendments.

Sec. 1533. Technical amendments.

Subtitle C—Boutique Fuels

Sec. 1541. Reducing the proliferation of boutique fuels.

TITLE XVI—CLIMATE CHANGE

Subtitle A—National Climate Change Technology Deployment

Sec. 1601. Greenhouse gas intensity reducing technology strategies.

Subtitle B—Climate Change Technology Deployment in Developing Countries

Sec. 1611. Climate change technology deployment in developing countries.

TITLE XVII—INCENTIVES FOR INNOVATIVE TECHNOLOGIES

Sec. 1701. Definitions.

Sec. 1702. Terms and conditions.

Sec. 1703. Eligible projects.

Sec. 1704. Authorization of appropriations.

TITLE XVIII—STUDIES

Sec. 1801. Study on inventory of petroleum and natural gas storage.

Sec. 1802. Study of energy efficiency standards.

Sec. 1803. Telecommuting study.

Sec. 1804. LIHEAP Report.

Sec. 1805. Oil bypass filtration technology.

Sec. 1806. Total integrated thermal systems.

Sec. 1807. Report on energy integration with Latin America.

Sec. 1808. Low-volume gas reservoir study.

Sec. 1809. Investigation of gasoline prices.

Sec. 1810. Alaska natural gas pipeline.

Sec. 1811. Coal bed methane study.

Sec. 1812. Backup fuel capability study.

Sec. 1813. Indian land rights-of-way.

Sec. 1814. Mobility of scientific and technical personnel.

Sec. 1815. Interagency review of competition in the wholesale and retail markets for electric energy.

Sec. 1816. Study of rapid electrical grid restoration.

Sec. 1817. Study of distributed generation.

Sec. 1818. Natural gas supply shortage report.

Sec. 1819. Hydrogen participation study.

Sec. 1820. Overall employment in a hydrogen economy.

Sec. 1821. Study of best management practices for energy research and development programs.

Sec. 1822. Effect of electrical contaminants on reliability of energy production systems.

Sec. 1823. Alternative fuels reports.

Sec. 1824. Final action on refunds for excessive charges.

Sec. 1825. Fuel cell and hydrogen technology study.

Sec. 1826. Passive solar technologies.

Sec. 1827. Study of link between energy security and increases in vehicle miles traveled.

Sec. 1828. Science study on cumulative impacts of multiple offshore liquefied natural gas facilities.

Sec. 1829. Energy and water saving measures in congressional buildings.

Sec. 1830. Study of availability of skilled workers.

Sec. 1831. Review of Energy Policy Act of 1992 programs.

Sec. 1832. Study on the benefits of economic dispatch.

Sec. 1833. Renewable energy on Federal land.

Sec. 1834. Increased hydroelectric generation at existing Federal facilities.

Sec. 1835. Split-estate Federal oil and gas leasing and development practices.

Sec. 1836. Resolution of Federal resource development conflicts in the Powder River Basin.

Sec. 1837. National security review of international energy requirements.

Sec. 1838. Used oil re-refining study.

Sec. 1839. Transmission system monitoring.

Sec. 1840. Report identifying and describing the status of potential hydropower facilities.

Sec. 2. Definitions.

Except as otherwise provided, in this Act:

(1) Department.—

The term ``Department´´ means the Department of Energy.

(2) Institution of Higher Education.—

(A) In General.—

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)).

(B) Inclusion.—

The term ``institution of higher education´´ includes an organization that—

(i) is organized, and at all times thereafter operated, exclusively for the benefit of, to perform the functions of, or to carry out the functions of one or more organizations referred to in subparagraph (A); and

(ii) is operated, supervised, or controlled by or in connection with one or more of those organizations.

(3) National Laboratory.—

The term ``National Laboratory´´ means any of the following laboratories owned by the Department:

(A) Ames Laboratory.

(B) Argonne National Laboratory.

(C) Brookhaven National Laboratory.

(D) Fermi National Accelerator Laboratory.

(E) Idaho National Laboratory.

(F) Lawrence Berkeley National Laboratory.

(G) Lawrence Livermore National Laboratory.

(H) Los Alamos National Laboratory.

(I) National Energy Technology Laboratory.

(J) National Renewable Energy Laboratory.

(K) Oak Ridge National Laboratory.

(L) Pacific Northwest National Laboratory.

(M) Princeton Plasma Physics Laboratory.

(N) Sandia National Laboratories.

(O) Savannah River National Laboratory.

(P) Stanford Linear Accelerator Center.

(Q) Thomas Jefferson National Accelerator Facility.

(4) Secretary.—

The term ``Secretary´´ means the Secretary of Energy.

(5) Small Business Concern.—

The term ``small business concern´´ has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632).

Approved August 8, 2005.

Legislative History

• H.R. 6

• HOUSE REPORTS:
  • No. 109-190 (Comm. of Conference).
• CONGRESSIONAL RECORD, Vol. 151 (2005):
  • Apr. 20, 21, considered and passed House.
  • June 14-16, 20-23, 28, considered and passed Senate, amended.
  • July 28, House agreed to conference report.
  • July 29, Senate agreed to conference report.
• WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):
  • Aug. 8, Presidential remarks and statement.