Energy Advancement and Conservation Act of 2001

Energy Advancement and Conservation Act of 2001 - Title I: Energy Conservation Subtitle A: Reauthorization of Federal Energy Conservation Programs - Amends the Department of Energy Organization Act to reauthorize through FY 2006 specified Federal Energy Conservation Programs including: (1) promotion of export of energy efficient products; (2) energy conservation standards for new buildings; (3) the Federal Energy Management Program; (4) energy efficient lighting and building centers; (5) energy efficiency labeling for windows and window systems; (6) energy efficiency for commercial office equipment; (7) energy efficiency information for luminaires; (8) energy efficiency in industrial facilities; and (9) process-oriented industrial energy efficiency.

Subtitle B: Federal Leadership in Energy Conservation - Expands the purposes of the National Energy Conservation Policy Act (NEPCA) to include Federal Government promotion of production, supply, and marketing of energy efficiency products and services, and the production, supply, and marketing of unconventional and renewable energy resources.

(Sec. 121) Revises energy performance requirements for Federal buildings through FY 2020.

Authorizes appropriations through FY 2010 for studies by the Secretary of Energy (Secretary) to identify and encourage production and marketing of energy efficiency products and services, and of unconventional and renewable energy resources.

Prescribes implementation guidelines for: (1) Federal agency acquisition of only Energy Star products when purchasing energy-using products; and (2) metering and submetering of all energy-using Federal buildings (including buildings owned by the legislative and judicial branch).

Requires each Federal agency to conduct energy management reviews and to implement measures to achieve the potential efficiency and renewable savings identified in such reviews.

(Sec. 122) Revises the meaning of cost savings in Federal Energy Savings Performance Contracts. Treats reduction in the cost of water and replacement facilities as energy savings. Requires a Federal agency to engage in contracting and auditing to implement energy savings performance contracts to ensure compliance with the energy efficiency requirements of this Act.

(Sec. 123) Authorizes a utility incentive program to include a contract or contract term designed to provide for cost-effective electricity demand management, energy efficiency, or water conservation.

Encourages Federal agencies to participate in State or regional demand side reduction programs, including those operated by wholesale market institutions such as independent system operators, and regional transmission organizations.

(Sec. 124) Mandates Federal agency compliance with specified efficiency standards governing air conditioners and heat pumps.

(Sec. 125) Establishes the Federal Energy Bank as a trust fund in the Treasury to: (1) receive mandatory Federal agency deposits equal to a specified percentage of the total utility payments paid by each agency in the preceding fiscal year; and (2) finance a loan program administered by the Secretary for certain energy efficiency projects and energy metering plans.

(Sec. 126) Directs the Secretary to establish an Advanced Building Efficiency Testbed program to develop, test, and demonstrate advanced engineering systems, components, and materials to enable innovations in building technologies.

(Sec. 127) Mandates: (1) Federal agency use of interval consumption data that measure real time electricity consumption in Federal buildings; (2) a review of the Federal Energy Savings Performance Contracts program to identify obstacles that prevent Federal agencies from fully utilizing it; and (3) an evaluation of the Capitol Complex energy infrastructure to determine how it could be augmented to become more energy efficient, using unconventional and renewable energy resources, so as to enable the Complex to have reliable utility service in the event of power fluctuations, shortages, or outages.

Subtitle C: State Programs - Amends the Energy Policy and Conservation Act to direct the Secretary at least once every three years to invite the Governor of each State to: (1) review and revise, if necessary, the State energy conservation plan, taking into consideration the energy conservation plans of other States within the region; and (2) identify opportunities and actions implemented in pursuit of common energy conservation goals. Requires State energy plans contain a specified energy efficiency improvement goal.

(Sec. 132) Authorizes appropriations for: (1) State energy conservation plans (through FY 2005); (2) the energy conservation program for schools and hospitals (through FY 2010); (3) the weatherization assistance program (through FY 2005); and (4) the Low-Income Home Energy Assistance program (through FY 2005).

(Sec. 135) Establishes in DOE the High Performance Public Buildings Program for energy efficiency assistance grants to local government units.

Subtitle D: Energy Efficiency for Consumer Products - Establishes an Energy Star program at DOE and the Environmental Protection Agency (EPA) to identify and promote energy-efficient products and buildings in order to reduce energy consumption, improve energy security, and reduce pollution through labeling of products and buildings that meet the highest energy efficiency standards. Divides implementation responsibilities between DOE and EPA, and directs each to: (1) promote Energy Star compliant technologies as the preferred technologies for achieving energy efficiency and pollution reduction; (2) work to enhance public awareness of the Energy Star label; (3) preserve the integrity of the Energy Star label; and (4) determine whether the Energy Star label should be extended to certain additional products and buildings.

(Sec. 142) Directs the Secretary to make recommendations to the Federal Trade Commission about labeling of certain consumer products that is likely to assist consumers in making purchasing decisions and is technologically and economically feasible.

(Sec. 143) Prohibits household appliances from consuming more than one watt of standby mode electric energy. Prescribes implementation guidelines for designated consumer products.

Subtitle E: Energy Efficient Vehicles - Authorizes a State, for energy conservation purposes, to permit a hybrid vehicle or a vehicle fueled by an alternative fuel with fewer than two occupants to operate in high occupancy vehicle lanes.

(Sec. 152) Directs the Secretary to establish a public-private research partnership with railroad carriers, locomotive manufacturers, and a world-class research and test center dedicated to the advancement of railroad technology, efficiency, and safety that is owned by the Federal Railroad Administration and operated in the private sector, for the development and demonstration of locomotive technologies that increase fuel economy, reduce emissions, improve safety, and lower costs. Authorizes appropriations for FY 2002 through 2004.

(Sec. 153) Amends the Energy Policy Act of 1992 to allow biodiesel fuel use credits to be considered as credits for acquisition by a fleet or a covered person of an alternative fueled light duty motor vehicle in excess of the number required.

(Sec. 154) Directs the Administrator of the Environmental Protection Agency (EPA) to review EPA policies regarding the use of mobile to stationary source trading of emission credits under the Clean Air Act to determine whether such trading can provide both nonattainment and attainment areas with additional flexibility in achieving and maintaining healthy air quality and increasing use of alternative fuel and advanced technology vehicles, thereby reducing United States dependence on foreign oil.

Subtitle F: Other Provisions - Requires each Federal agency to: (1) review its regulations and standards to determine those that act as a barrier to market entry for emerging energy-efficient technologies; and (2) periodically detail for Congress and the President all regulatory barriers to emerging energy-efficient technologies, along with agency actions to remove such barriers.

(Sec. 162) Directs the EPA Administrator to: (1) determine whether the Agency's mobile source air emissions models used under the Clean Air Act accurately reflect emissions resulting from extended idling of heavy-duty trucks and other vehicles and engines; (2) update those models the Administrator deems appropriate; (3) review the appropriate emissions reductions credit that should be allotted under such Act for advanced idle elimination systems; (4) review whether such credits should be subject to an emissions trading system; and (5) revise Agency regulations and guidance as the Administrator deems appropriate.

(Sec. 163) Requires the Secretary and the Administrator to conduct a joint study and report to Congress on the benefits and feasibility of: (1) oil by-pass filtration technology in motor vehicle engines in terms of reduced demand for oil and reduced waste and air pollution; and (2) using such technology in the Federal motor vehicle fleet.

(Sec. 164) Directs the Secretary to study and report to Congress on: (1) the economic feasibility of installing small cogeneration facilities utilizing excess gas flares at petrochemical facilities to provide reduced electricity costs to customers living within three miles of the facilities; and (2) the energy conservation implications of the widespread adoption of telecommuting.

Title II: Automobile Fuel Economy - Amends Federal transportation law to direct the Secretary of Transportation to: (1) prescribe average fuel economy standards for non-passenger automobiles manufactured in model years 2004 through 2010 that are calculated to ensure that the aggregate amount of gasoline projected to be used is at least five billion gallons less than the aggregate amount used under the standard applicable to non-passenger automobiles manufactured in model year 2002; (2) consider the potential benefits of establishing a certain weight-based system for non-passenger automobiles; and (3) prescribe different fuel economy standards for such system.

(Sec. 203) Extends: (1) the manufacturing incentives for dual fueled automobiles through model year 2008; and (2) the limitation on the maximum average fuel economy increase for such automobiles.

(Sec. 204) Revises fuel economy standards governing the Federal fleet of automobiles to direct the head of each executive agency to: (1) determine the baseline average fuel economy for the agency's fleet; and (2) manage procurement so that the average fuel economy of new automobiles in the agency's fleet is not less than specified miles per hour higher than such baseline by certain deadlines.

(Sec. 205) Amends the Energy Policy Act of 1992 to mandate: (1) specified additional alternative fueled or hybrid vehicles for the Federal light-duty motor vehicle fleet; and (2) reduction of petroleum-based nonalternative fuel purchases for the fleet through the purchase of alternative fuels in order to achieve total fleet reliance upon alternative fuels.

Requires the Secretary to promulgate implementation standards, monitor compliance with such mandate, and report annually to Congress. Authorizes appropriations.

(Sec. 207) Directs the Secretary of Transportation to arrange with the National Academy of Sciences to study the feasibility and effects of reducing automobile fuel use by a significant percentage by model year 2010.

Title III: Nuclear Energy - Subtitle A: General Provisions - Declares that receipts and disbursements of the Nuclear Waste Fund shall not be counted as new budget authority, outlays, receipts, deficit or surplus (thereby moving the Fund off-budget).

(Sec. 302) Amends the Atomic Energy Act of 1954 to set 40 years as the maximum initial duration of a combined construction and operating license for an industrial or commercial nuclear energy utilization and production facility.

(Sec. 304) Extends the prohibition against the withdrawal of funds from the United States Enrichment Corporation Fund (USEC Fund) to treat and recycle depleted uranium hexafluoride until one year after the date on which the President submits to Congress the budget request for FY 2005.

(Sec. 305) Requires the NRC to: (1) record its official business discussions; (2) notify the public within 15 days afterwards; and (3) make a transcript of the recording available to the public upon request.

Subtitle B: Domestic Uranium Fuel Cycle - Authorizes the Secretary to use, without the need for further appropriations, specified USEC Fund amounts through FY 2005, for implementation of cold standby status at the Portsmouth Gaseous Diffusion Plant, and for the Paducah Gaseous Diffusion Plant.

(Sec. 313) Directs the Secretary to transmit to Congress: (1) a detailed research and development plan regarding advanced gas centrifuge technology for uranium enrichment (with appropriations authorized through FY 2006); (2) draft criteria for determining when the hot restart of facilities at the Portsmouth Gaseous Diffusion Plant may be necessary pending nuclear fuel supply disruptions; and (3) a plan for the hot restart of facilities at the Portsmouth Gaseous Diffusion Plant.

(Sec. 315) Authorizes appropriations for: (1) cooperative, cost-shared, agreements between DOE and domestic uranium producers regarding improved in situ leaching mining technologies; and (2) demonstration projects with domestic uranium producers regarding enhanced production with minimal environmental impacts, restoration of well fields, and decommissioning and decontamination activities; and (3) a contract with the Nation's sole remaining uranium converter for research and development to improve the environmental and economic performance of U.S. uranium conversion operations.

(Sec. 317) Amends the USEC Privatization Act to prohibit Federal sales or transfer of uranium, with specified exceptions, through March 23, 2009, (including natural uranium concentrates, natural uranium hexafluoride, enriched uranium, depleted uranium, or uranium in any other form).

(Sec. 318) Directs the Secretary to submit a plan to Congress that establishes scope, cost, schedule, sequence of activities, and contracting strategy for: (1) decontamination and decommissioning of the DOE's surplus buildings and facilities at the Paducah Gaseous Diffusion Plant that have no future anticipated reuse; and (2) remediation of DOE Material Storage Areas at the plant.

Title IV: Hydroelectric Energy - Amends the Federal Power Act to authorize license applicants for project works within any Federal reservation to propose alternatives to conditions or fishways prescribed by certain Federal agencies.

(Sec. 402) Directs the Federal Energy Regulatory Commission (FERC) to: (1) revise its data collection procedures concerning hydroelectric licenses under consideration; and (2) submit a status report thereon to certain congressional committees.

Title V: Clean Coal - National Electricity and Environmental Improvement Act - Subtitle A: Accelerated Clean Coal Power Production Program - Directs the Secretary to: (1) perform a cost and performance goals assessment regarding coal-based electric generation facilities, power production strategies, and other efforts that would permit continued cost-competitive use of coal for electricity generation, as chemical feedstocks, and as transportation fuel in 2007, 2015, and 2020; and (2) study and report biennially to Congress on possible methodologies and equipment, costs and time required for production of related power generation methods and equipment, and additional authorities recommended to achieve such goals. Authorizes appropriations through FY 2012.

(Sec. 514) Directs the Secretary to: (1) implement a program to facilitate production and generation of coal-based power through methods and equipment under specified Federal law; (2) establish a clean coal power initiative to facilitate the production and generation of power from advanced coal-based methods and equipment applicable to new or existing power plants, including coproduction plants; and (3) provide financial assistance to projects likely to achieve overall cost reductions in coal utilization, and improve the competitiveness of coal in order to maintain a diversity of fuel choices to meet electricity generation requirements.

Subtitle B: Credit for Emission Reductions and Efficiency Improvements in Existing Coal-Based Electricity Generation Facilities - Amends the Internal Revenue Code to establish tax credits for: (1) investment in qualifying clean coal technology; and (2) production from a qualifying clean coal technology unit.

Subtitle C: Incentives for Early Commercial Applications of Advanced Clean Coal Technologies - Amends the Internal Revenue Code to establish tax credits for: (1) investment in qualifying advanced clean coal technology facilities; and (2) production from qualifying advanced clean coal technology.

(Sec. 533) Directs the Secretary of the Treasury to establish a financial risk pool available to certain owners of an advanced clean coal technology to offset, for the first three years of operation, costs for modifications resulting from the technology's failure to achieve its design performance.

Subtitle D: Treatment of Certain Governmental and Other Entities - Amends the Internal Revenue Code to treat tax credits under this title as refundable overpayments (excessive credits) with respect to specified organizations and governmental units.

Title VI: Fuels - Directs the Administrator to commence a rulemaking to determine whether modified regulations governing: (1) the transition to high ozone season reformulated gasoline are necessary to ensure that such transition minimizes disruptions to the general availability and affordability of gasoline and maximizes flexibility regarding draining and inventory management of gasoline storage tanks consistent with the Clean Air Act; and (2) certain requirements relating to gasoline blendstocks are necessary to facilitate the movement of gasoline and gasoline feedstocks among different regions and to improve the ability of petroleum refiners and importers to respond to regional gasoline shortages and prevent unreasonable short-term price increases.

(Sec. 603) Directs the EPA Administrator and the Secretary jointly to analyze and report to Congress on Federal, State, and local requirements for designated ("boutique") motor vehicle fuels that vary among regions and jurisdictions, including recommended legislative actions to: (1) simplify the national distribution system; (2) make it more cost-effective; and (3) reduce the costs and increase the availability of motor vehicle fuel while meeting Clean Air Act requirements.

(Sec. 604) Authorizes appropriations from the Leaking Underground Storage Trust Fund for certain actions concerning methyl tertiary butyl ether (MTBE) contamination from underground storage tanks.

Title VII: Renewable Energy - Directs the Secretary to publish an assessment by the National Laboratories of all renewable energy resources available within the United States.

(Sec. 702) Amends the Energy Policy Act of 1992 to prohibit the Secretary from establishing criteria or procedures governing renewable energy production incentives that effectively assigns a higher or lower priority for eligibility or allocation of appropriated funds on the basis of the energy source proposed.

Title VIII: Pipeline Integrity - Subtitle A: Pipeline Integrity - Directs the Secretaries of Transportation and of Energy to: (1) develop and implement an accelerated cooperative research and development program to ensure the integrity of natural gas and hazardous liquid pipelines (including natural gas, crude oil, and petroleum product pipelines); and (2) in coordination with FERC and the Pipeline Integrity Technical Advisory Committee, submit to Congress a five-year research and development program plan.

(Sec. 802) Directs the Secretary of Transportation to arrange with the National Academy of Sciences to establish and manage the Pipeline Integrity Technical Advisory Committee to advise on such five-year program plan and conduct an ongoing status evaluation.

(Sec. 803) Authorizes appropriations : (1) derived from certain transportation user fees to be used for the pipeline integrity program; and (2) from the Oil Spill Liability Trust Fund for detection, prevention, and mitigation of oil spills.

Subtitle B: Other Pipeline Provisions - Prohibits Federal approval for construction of a natural gas pipeline to transport natural gas from lands within the Prudhoe Bay oil and gas lease area that: (1) follows a route traversing submerged lands beneath, or the adjacent shoreline of, the Beaufort Sea; and (2) enters Canada at any point north of 68 degrees North latitude.

(Sec. 812) Amends the Natural Gas Act to deny a transportation facility eligibility for inclusion on the National Register of Historic Places until FERC has permitted its abandonment.

Title IX: Miscellaneous Provisions - Authorizes the Secretary of Energy to make a single grant to a qualified institution to examine and develop the feasibility of burning post-consumer carpet in cement kilns as an alternative energy source. Authorizes appropriations.

(Sec. 902) Requires the Secretary to include in certain Department of Energy Organization Act reports a evaluation of U.S. progress toward obtaining the goal of not more than 50 percent dependence on foreign oil sources by 2010.

(Sec. 903) Requires the Administrator to study and report to Congress on the impact of aircraft emissions at airports located within areas that are considered to be in nonattainment for the national ambient air quality standard for ozone.