National Conservation, Environment, and Energy Independence Act - Terminates all federal prohibitions on expenditures of funds to conduct natural gas, oil, oil shale, and energy production leasing and preleasing activities for federal lands. Revokes withdrawals of federal submerged lands of the Outer Continental Shelf (OCS) from leasing for natural gas and oil exploration, development, and production. Amends the Tax Relief and Health Care Act of 2006 to repeal the moratorium on oil and gas leasing in certain areas of the Gulf of Mexico. Amends the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2008 to repeal the prohibition on using funds to prepare or publish final regulations regarding a commercial leasing program for oil shale resources on public lands or to conduct an oil shale lease sale pursuant to the Energy Policy Act of 2005.
Amends the Outer Continental Shelf Lands Act to prohibit the Secretary of the Interior from issuing any lease authorizing exploration for, or development of, natural gas or oil in any OCS area that is located: (1) within 25 miles of the coastline of a state; or (2) more than 25 miles and less than 50 miles from the coastline of a state that has enacted, within one year, a law disapproving of such a lease.
Provides for the allocation of sums collected under qualified leases on submerged land made available for leasing under this Act. Establishes the Conservation Reserve, the Environment Restoration Reserve, the Renewable Energy Reserve, and the Carbon Capture and Sequestration Reserve.
Establishes the state seaward boundaries under the Outer Continental Shelf Lands Act.
Amends the Clean Air Act to allow the use of woody biomass from federal forest lands for the production of renewable energy.
Amends the Energy Independence and Security Act of 2007 to repeal provisions prohibiting federal procurement of an alternative or synthetic fuel for any mobility-related use unless the contract specifies that the lifecycle greenhouse gas emissions associated with the production and combustion of the fuel supplied must be less than or equal to such emissions from the equivalent conventional fuel.
Amends the Internal Revenue Code to revise provisions concerning tax credit extensions and deductions for renewable energy, alternative fuel, and energy conservation.
Requires the Secretary of Energy to publish a plan for exchanging light grade petroleum from the Strategic Petroleum Reserve (SPR) for heavy grade petroleum. Establishes and provides for the allocation of the Energy Independence and Security Fund, including providing funding for: (1) researching and developing wind, solar, ocean and wave, and geothermal energy; (2) conducting energy efficiency projects; and (3) fostering the development of domestic energy production.
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 6709 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 6709
To greatly enhance the Nation's path toward energy independence and
environmental, energy, economic, and national security, by amending
Federal policy to increase the production of domestic energy sources,
to dedicate fixed percentages of the royalties received for
conservation programs, environmental restoration projects, renewable
energy research and development, clean energy technology research and
development, increased development of existing energy sources, and
energy assistance for those in need, and to share a portion of such
royalties with producing States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 31, 2008
Mr. Peterson of Pennsylvania (for himself, Mr. Abercrombie, Mr. Costa,
Mr. Burton of Indiana, Mr. Gene Green of Texas, Mr. Brown of South
Carolina, Mr. Lampson, Mr. Bishop of Utah, Mr. Walz of Minnesota, Mr.
Hayes, Mr. Foster, Mrs. Capito, Mr. Boren, Mrs. Drake, Mr. Cuellar, Mr.
Tim Murphy of Pennsylvania, Mr. Altmire, Mr. Smith of Nebraska, Mr.
McIntyre, Mr. Sali, Mrs. Boyda of Kansas, Mr. Lamborn, Mr. Ortiz, Mr.
Rogers of Kentucky, Ms. Herseth Sandlin, Mr. Kingston, Mr. Holden, Mr.
Miller of Florida, Mr. Cazayoux, Mr. Lewis of California, Mr. Barrow,
Mr. Wilson of South Carolina, Mr. Kanjorski, Mr. Kline of Minnesota,
Mr. Marshall, Mr. Mica, Mr. Donnelly, Mr. McCarthy of California, Mr.
Lincoln Davis of Tennessee, Mr. Terry, Mr. Patrick J. Murphy of
Pennsylvania, Mr. Souder, Mr. Bishop of Georgia, Mr. Pence, Mr.
Melancon, Mr. Broun of Georgia, Mr. Bartlett of Maryland, and Mr.
Taylor) introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committees on
Energy and Commerce, Ways and Means, Science and Technology, Education
and Labor, the Budget, and Rules, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To greatly enhance the Nation's path toward energy independence and
environmental, energy, economic, and national security, by amending
Federal policy to increase the production of domestic energy sources,
to dedicate fixed percentages of the royalties received for
conservation programs, environmental restoration projects, renewable
energy research and development, clean energy technology research and
development, increased development of existing energy sources, and
energy assistance for those in need, and to share a portion of such
royalties with producing States, 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.
This Act may be cited as the ``National Conservation, Environment,
and Energy Independence Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--OFFSHORE AND ONSHORE LEASING AND OTHER ENERGY PRODUCTION
Sec. 101. Termination of prohibitions on expenditures for, and
withdrawals from, offshore and onshore
leasing and other limitations on energy
production.
Sec. 102. Outer Continental Shelf leasing program.
Sec. 103. Sharing of revenues.
Sec. 104. Policies regarding buying and building American.
Sec. 105. Elimination of other restrictions on use of energy
alternatives.
TITLE II--CLEANER ENERGY PRODUCTION AND ENERGY CONSERVATION INCENTIVES
Sec. 201. Extension of renewable energy credit.
Sec. 202. Extension of credit for alternative fuel vehicles.
Sec. 203. Extension of alternative fuel vehicle refueling property
credit.
Sec. 204. Extension of credit for energy efficient appliances.
Sec. 205. Extension of credit for nonbusiness energy property.
Sec. 206. Extension of credit for residential energy efficient
property.
Sec. 207. Extension of new energy efficient home credit.
Sec. 208. Extension of energy efficient commercial buildings deduction.
Sec. 209. Extension of energy credit.
Sec. 210. Extension of credit for clean renewable energy bonds.
Sec. 211. Extension of credits for biodiesel and renewable diesel.
Sec. 212. Credit for plug-in hybrid vehicles.
TITLE III--MODIFYING THE STRATEGIC PETROLEUM RESERVE AND FUNDING
CONSERVATION AND ENERGY RESEARCH AND DEVELOPMENT
Sec. 301. Findings.
Sec. 302. Definitions.
Sec. 303. Objectives.
Sec. 304. Modification of the Strategic Petroleum Reserve.
Sec. 305. Energy Independence and Security Fund.
TITLE I--OFFSHORE AND ONSHORE LEASING AND OTHER ENERGY PRODUCTION
SEC. 101. TERMINATION OF PROHIBITIONS ON EXPENDITURES FOR, AND
WITHDRAWALS FROM, OFFSHORE AND ONSHORE LEASING AND OTHER
LIMITATIONS ON ENERGY PRODUCTION.
(a) Prohibitions on Expenditures.--All provisions of Federal law
that prohibit the expenditure of appropriated funds to conduct natural
gas, oil, oil shale, and other energy production leasing and preleasing
activities for Federal lands shall have no force or effect with respect
to such activities.
(b) Revocation Withdrawals.--All withdrawals of Federal submerged
lands of the Outer Continental Shelf from leasing, including
withdrawals by the President under the authority of section 12(a) of
the Outer Continental Shelf Lands Act (43 U.S.C. 1341(a)), are hereby
revoked and are no longer in effect with respect to the leasing of
areas for exploration for, and development and production of natural
gas and oil.
(c) Gulf of Mexico Oil and Gas.--Section 104 of division C of the
Tax Relief and Health Care Act of 2006 (Public Law 109-432; 120 Stat.
3003) is repealed.
(d) Oil Shale.--Section 433 of the Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2008 (division F
of Public Law 110-161; 121 Stat. 2152) is repealed.
SEC. 102. OUTER CONTINENTAL SHELF LEASING PROGRAM.
The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is
amended by inserting after section 9 the following:
``SEC. 10. MORATORIA AREA AND STATE DISAPPROVAL REQUIREMENT WITH
RESPECT TO LEASING.
``(a) Prohibition on Leasing.--The Secretary may not issue any
lease authorizing exploration for, or development of, natural gas or
oil in any area of the outer Continental Shelf that is located within
25 miles of the coastline of a State.
``(b) State Disapproval Authority.--The Secretary may not issue any
lease authorizing exploration for, or development of, natural gas or
oil in any area of the outer Continental Shelf that is located more
than 25 miles and less than 50 miles from the coastline of a State if
the State has enacted, within the 1-year period beginning on the date
of the enactment of the National Conservation, Environment, and Energy
Independence Act, a law disapproving of the issuance of such leases by
the Secretary.
``(c) Military Operations.--The Secretary shall consult with the
Secretary of Defense regarding military operations needs in the Outer
Continental Shelf. The Secretary shall work with the Secretary of
Defense to resolve any conflicts that might arise between such
operations and leasing under this section. If the Secretaries are
unable to resolve all such conflicts, any unresolved issues shall be
referred by the Secretaries to the President in a timely fashion for
immediate resolution.''.
SEC. 103. SHARING OF REVENUES.
(a) In General.--Section 8(g) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337(g)) is amended--
(1) in paragraph (2) by striking ``Notwithstanding'' and
inserting ``Except as provided in paragraph (6), and
notwithstanding'';
(2) by redesignating paragraphs (6) and (7) as paragraphs
(8) and (9); and
(3) by inserting after paragraph (5) the following:
``(6) Bonus bids and royalties under qualified leases.--
``(A) New leases.--Of amounts received by the
United States as bonus bids, royalties, rentals, and
other sums collected under any qualified lease on
submerged lands made available for leasing under this
Act by the enactment of the National Conservation,
Environment, and Energy Independence Act that are
located within the seaward boundaries of a State
established under section 4(a)(2)(A)--
``(i) 30 percent shall be deposited in the
general fund of the Treasury;
``(ii) 30 percent shall be paid to the
States that are producing States with respect
to those submerged lands;
``(iii) 8 percent shall be deposited in the
Conservation Reserve established by paragraph
(7);
``(iv) 10 percent shall be deposited in the
Environment Restoration Reserve established by
paragraph (7);
``(v) 15 percent shall be deposited in the
Renewable Energy Reserve established by
paragraph (7);
``(vi) 5 percent shall be deposited in the
Carbon Capture/Sequestration and Nuclear Waste
Reserve Established by paragraph (7); and
``(vii) 2 percent shall be available to the
Secretary of Health and Human Services for
carrying out the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8621, et
seq.).
``(B) Leased tract that lies partially within the
seaward boundaries of a state.--In the case of a leased
tract that lies partially within the seaward boundaries
of a State, the amounts of bonus bids and royalties
from such tract that are subject to subparagraph
(A)(ii) with respect to such State shall be a
percentage of the total amounts of bonus bids and
royalties from such tract that is equivalent to the
total percentage of surface acreage of the tract that
lies within such seaward boundaries.
``(C) Use of payments to states.--Amounts paid to a
State under subparagraph (A)(ii) shall be used by the
State for one or more of the following:
``(i) Education.
``(ii) Transportation.
``(iii) Coastal restoration, environmental
restoration, and beach replenishment.
``(iv) Energy infrastructure.
``(v) Renewable energy development.
``(vi) Energy efficiency and conservation.
``(vii) Any other purpose determined by
State law.
``(D) Definitions.--In this paragraph:
``(i) Adjacent state.--The term `Adjacent
State' means, with respect to any program,
plan, lease sale, leased tract or other
activity, proposed, conducted, or approved
pursuant to the provisions of this Act, any
State the laws of which are declared, pursuant
to section 4(a)(2), to be the law of the United
States for the portion of the outer Continental
Shelf on which such program, plan, lease sale,
leased tract, or activity appertains or is, or
is proposed to be, conducted.
``(ii) Adjacent zone.--The term `adjacent
zone' means, with respect to any program, plan,
lease sale, leased tract, or other activity,
proposed, conducted, or approved pursuant to
the provisions of this Act, the portion of the
outer Continental Shelf for which the laws of a
particular adjacent State are declared,
pursuant to section 4(a)(2), to be the law of
the United States.
``(iii) Producing state.--The term
`producing State' means an Adjacent State
having an adjacent zone containing leased
tracts from which are derived bonus bids and
royalties under a lease under this Act.
``(iv) State.--The term `State' includes
Puerto Rico and the other territories of the
United States.
``(v) Qualified lease.--The term `qualified
lease' means a natural gas or oil lease made
available under this Act granted after the date
of the enactment of the National Conservation,
Environment, and Energy Independence Act, for
an area that is available for leasing as a
result of enactment of section 101 of that Act.
``(E) Application.--This paragraph shall apply to
bonus bids and royalties received by the United States
under qualified leases after September 30, 2008.
``(7) Establishment of reserve accounts.--
``(A) In general.--For budgetary purposes, there is
established as a separate account to receive deposits
under paragraph (6)(A)--
``(i) the Conservation Reserve, to offset
the cost of legislation enacted after the date
of the enactment of the National Conservation,
Environment, and Energy Independence Act for
conservation programs, such as weatherization,
and conservation tax credits and deductions for
energy efficiency in the residential,
commercial, industrial and public sectors,
including Conservation Districts;
``(ii) the Environment Restoration Reserve,
to offset the cost of legislation enacted after
the date of the enactment of the National
Conservation, Environment, and Energy
Independence Act to conduct restoration
activities to improve the overall health of the
ecosystems primarily or entirely within
wildlife refuges, national parks, lakes, bays,
rivers, and streams, including the Great Lakes,
the Chesapeake and Delaware Bays, the San
Francisco Bay/Sacramento San Joaquin Bay Delta,
the Florida Everglades, New York Harbor, the
Colorado River Basin, and Intracoastal
Waterways and inlets that serve them;
``(iii) the Renewable Energy Reserve, to
offset the cost of legislation enacted after
the date of the enactment of the National
Conservation, Environment, and Energy
Independence Act to accelerate the use of
cleaner domestic energy resources and
alternative fuels; to promote the utilization
of energy-efficient products and practices; and
to increase research, development, and
deployment of clean renewable energy and
efficiency technologies and job training
programs for those purposes; and
``(iv) the Carbon Capture and Sequestration
Reserve, to offset the cost of legislation
enacted after the date of the enactment of the
National Conservation, Environment, and Energy
Independence Act to promote research and
development projects associated with carbon
capture and storage in the production of liquid
transportation fuels, synthetic natural gas,
chemical feedstocks, and electricity, and for
the disposition and recycling/reprocessing of
nuclear waste from nuclear power plants.
``(B) Procedure for adjustments.--
``(i) Budget committee chairman.--After the
reporting of a bill or joint resolution, or the
offering of an amendment thereto or the
submission of a conference report thereon,
providing funding for the purposes set forth in
clause (i), (ii), (iii), or (iv) of
subparagraph (A) in excess of the amount of the
deposits under paragraph (6)(A) for those
purposes for fiscal year 2009, the chairman of
the Committee on the Budget of the applicable
House of Congress shall make the adjustments
set forth in clause (ii) for the amount of new
budget authority and outlays in that measure
and the outlays flowing from that budget
authority.
``(ii) Matters to be adjusted.--The
adjustments referred to in clause (i) are to be
made to--
``(I) the discretionary spending
limits, if any, set forth in the
appropriate concurrent resolution on
the budget;
``(II) the allocations made
pursuant to the appropriate concurrent
resolution on the budget pursuant to
section 302(a) of the Congressional
Budget Act of 1974; and
``(III) the budget aggregates
contained in the appropriate concurrent
resolution on the budget as required by
section 301(a) of the Congressional
Budget Act of 1974.
``(iii) Amounts of adjustments.--The
adjustments referred to in clauses (i) and (ii)
shall not exceed the receipts estimated by the
Congressional Budget Office that are
attributable to this Act for the fiscal year in
which the adjustments are made.
``(C) Expenditures only by secretary of the
interior in consultation.--Legislation shall not be
treated as legislation referred to in subparagraph (A)
unless any expenditure under such legislation for a
purpose referred to in that subparagraph may be made
only after consultation with the Administrator of the
Environmental Protection Agency, the Administrator of
the National Oceanic and Atmospheric Administration,
the Secretary of the Army acting through the Corps of
Engineers, and, as appropriate, the Secretary of State.
``(8) Maintenance of effort by states.--The Secretary of
the Interior, the Secretary of Health and Human Services, the
Secretary of Energy, and any other Federal official with
authority to implement legislation referred to in paragraph
(6)(A) shall ensure that financial assistance provided to a
State under that legislation for any purpose with amounts made
available under this subsection or in any legislation with
respect to which paragraph (7) applies supplement, and do not
replace, the amounts expended by the State for that purpose
before the date of the enactment of the National Conservation,
Environment, and Energy Independence Act''.
(b) Establishment of State Seaward Boundaries.--Section 4(a)(2)(A)
of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)(A)) is
amended in the first sentence by striking ``, and the President'' and
all that follows through the end of the sentence and inserting the
following: ``. Such extended lines are deemed to be as indicated on the
maps for each Outer Continental Shelf region entitled `Alaska OCS
Region State Adjacent Zone and OCS Planning Areas', `Pacific OCS Region
State Adjacent Zones and OCS Planning Areas', `Gulf of Mexico OCS
Region State Adjacent Zones and OCS Planning Areas', and `Atlantic OCS
Region State Adjacent Zones and OCS Planning Areas', all of which are
dated September 2005 and on file in the Office of the Director,
Minerals Management Service. The preceding sentence shall not apply
with respect to the treatment under section 105 of the Gulf of Mexico
Energy Security Act of 2006 (title I of division C of Public Law 109-
432) of qualified outer Continental Shelf revenues deposited and
disbursed under subsection (a)(2) of that section.''.
SEC. 104. POLICIES REGARDING BUYING AND BUILDING AMERICAN.
(a) Intent of Congress.--It is the intent of the Congress that this
Act, among other things, result in a healthy and growing American
industrial, manufacturing, transportation, and service sector employing
the vast talents of America's workforce to assist in the development of
energy from domestic sources. Moreover, the Congress intends to monitor
the deployment of personnel and material onshore and offshore to
encourage the development of American technology and manufacturing to
enable United States workers to benefit from this Act by good jobs and
careers, as well as the establishment of important industrial
facilities to support expanded access to American resources.
(b) Safeguard for Extraordinary Ability.--Section 30(a) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1356(a)) is amended in the
matter preceding paragraph (1) by striking ``regulations which'' and
inserting ``regulations that shall be supplemental and complimentary
with and under no circumstances a substitution for the provisions of
the Constitution and laws of the United States extended to the subsoil
and seabed of the outer Continental Shelf pursuant to section 4 of this
Act, except insofar as such laws would otherwise apply to individuals
who have extraordinary ability in the sciences, arts, education, or
business, which has been demonstrated by sustained national or
international acclaim, and that''.
SEC. 105. ELIMINATION OF OTHER RESTRICTIONS ON USE OF ENERGY
ALTERNATIVES.
(a) Renewable Biomass.--Section 211(o)(1)(I) of the Clean Air Act
(42 U.S.C. 7545(o)(1)(I)) is amended effective January 1, 2009--
(1) in clause (ii), by striking ``on non-federal land'';
and
(2) in clause (iv), by striking ``that are from non-federal
forestlands, including forestlands'' and inserting ``from
forestlands, including those on public lands and those''.
(b) Alternative Fuels.--Section 526 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17142) is repealed.
(c) Limitation on Number of New Qualified Hybrid Advanced Lean-Burn
Technology Vehicles.--Section 30B of the Internal Revenue Code of 1986
is amended by striking subsection (f).
TITLE II--CLEANER ENERGY PRODUCTION AND ENERGY CONSERVATION INCENTIVES
SEC. 201. EXTENSION OF RENEWABLE ENERGY CREDIT.
Each of the following provisions of section 45(d) of the Internal
Revenue Code of 1986 (relating to qualified facilities) is amended by
striking ``January 1, 2009'' and inserting ``January 1, 2013'':
(1) Paragraph (1) (relating to wind facility).
(2) Clauses (i) and (ii) of paragraph (2)(A) (relating to
closed-loop biomass facility).
(3) Clauses (i)(I) and (ii) of paragraph (3)(A) (relating
to (open-loop biomass facility).
(4) Paragraph (4) (relating to geothermal energy facility).
(5) Paragraph (5) (relating to small irrigation power
facility).
(6) Paragraph (6) (relating to landfill gas facilities).
(7) Paragraph (7) (relating to trash combustion
facilities).
(8) Paragraph (8) (relating to refined coal production
facility).
(9) Subparagraphs (A) and (B) of paragraph (9) (relating to
qualified hydropower facility).
SEC. 202. EXTENSION OF CREDIT FOR ALTERNATIVE FUEL VEHICLES.
Paragraphs (2), (3), and (4) of section 30B(j) of the Internal
Revenue Code of 1986 are each amended by striking the date therein and
inserting ``December 31, 2014''.
SEC. 203. EXTENSION OF ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY
CREDIT.
(a) In General.--Paragraph (2) of section 30C(g) of such Code
(relating to termination) is amended by striking ``December 31, 2009''
and inserting ``December 31, 2010''.
(b) Alternative Fuels.--Paragraph (1) of section 30C(g) of the
Internal Revenue Code of 1986 is amended by striking ``hydrogen,''
inserting ``hydrogen or alternative fuels (as defined in section
30B(e)(4)(B)).''.
SEC. 204. EXTENSION OF CREDIT FOR ENERGY EFFICIENT APPLIANCES.
(a) In General.--Subsection (b) of section 45M of the Internal
Revenue Code of 1986 (relating to applicable amount) is amended by
striking ``calendar year 2006 or 2007'' each place it appears in
paragraphs (1)(A)(i), 1(1)(B)(i), (1)(C)(ii)(I), and (1)(C)(iii)(I),
and inserting ``calendar year 2006, 2007, 2008, 2009, 2010, 2011, 2012,
or 2013''.
(b) Restart of Credit Limitation.--Paragraph (1) of section 45M(e)
of such Code (relating to aggregate credit amount allowed) is amended
by inserting ``beginning after December 31, 2007'' after ``for all
prior taxable years''.
(c) Effective Date.--The amendments made by this section shall
apply to appliances produced after December 31, 2007.
SEC. 205. EXTENSION OF CREDIT FOR NONBUSINESS ENERGY PROPERTY.
(a) In General.--Section 25C(g) of the Internal Revenue Code of
1986 (relating to termination) is amended by striking ``December 31,
2007'' and inserting ``December 31, 2013''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2007.
SEC. 206. EXTENSION OF CREDIT FOR RESIDENTIAL ENERGY EFFICIENT
PROPERTY.
Section 25D(g) of the Internal Revenue Code of 1986 (relating to
termination) is amended by striking ``December 31, 2008'' and inserting
``December 31, 2014''.
SEC. 207. EXTENSION OF NEW ENERGY EFFICIENT HOME CREDIT.
Subsection (g) of section 45L of the Internal Revenue Code of 1986
(relating to termination) is amended by striking ``December 31, 2008''
and inserting ``December 31, 2013''.
SEC. 208. EXTENSION OF ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.
Section 179D(h) of the Internal Revenue Code of 1986 (relating to
termination) is amended by striking ``December 31, 2008'' and inserting
``December 31, 2013''.
SEC. 209. EXTENSION OF ENERGY CREDIT.
(a) Solar Energy Property.--Paragraphs (2)(A)(i)(II) and (3)(A)(ii)
of section 48(a) of the Internal Revenue Code of 1986 (relating to
energy credit) are each amended by striking ``January 1, 2009'' and
inserting ``January 1, 2017''.
(b) Fuel Cell Property.--Subparagraph (E) of section 48(c)(1) of
such Code (relating to qualified fuel cell property) is amended by
striking ``December 31, 2008'' and inserting ``December 31, 2016''.
(c) Microturbine Property.--Subparagraph (E) of section 48(c)(2) of
such Code (relating to qualified microturbine property) is amended by
striking ``December 31, 2008'' and inserting ``December 31, 2013''.
SEC. 210. EXTENSION OF CREDIT FOR CLEAN RENEWABLE ENERGY BONDS.
(a) Extension.--Section 54(m) of the Internal Revenue Code of 1986
(relating to termination) is amended by striking ``December 31, 2008''
and inserting ``December 31, 2013''.
SEC. 211. EXTENSION OF CREDITS FOR BIODIESEL AND RENEWABLE DIESEL.
(a) In General.--Sections 40A(g), 6426(c)(6), and 6427(e)(5)(B) of
the Internal Revenue Code of 1986 are each amended by striking
``December 31, 2008'' and inserting ``December 31, 2013''.
(b) Effective Date.--The amendments made by this section shall
apply to fuel produced, and sold or used, after December 31, 2008.
SEC. 212. CREDIT FOR PLUG-IN HYBRID VEHICLES.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to other credits) is
amended by adding at the end the following new section:
``SEC. 30D. PLUG-IN HYBRID VEHICLES.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to the sum of the credit amounts determined under subsection (b)
with respect to each qualified plug-in hybrid vehicle placed in service
by the taxpayer during the taxable year.
``(b) Per Vehicle Dollar Limitation.--
``(1) In general.--The amount determined under this
subsection with respect to any qualified plug-in hybrid vehicle
is the sum of the amounts determined under paragraphs (2) and
(3) with respect to such vehicle.
``(2) Base amount.--The amount determined under this
paragraph is $4,000.
``(3) Battery capacity.--In the case of vehicle which draws
propulsion energy from a battery with not less than 5 kilowatt
hours of capacity, the amount determined under this paragraph
is $200, plus $200 for each kilowatt hour of capacity in excess
of 5 kilowatt hours. The amount determined under this paragraph
shall not exceed $2,000.
``(c) Application With Other Credits.--
``(1) Business credit treated as part of general business
credit.--So much of the credit which would be allowed under
subsection (a) for any taxable year (determined without regard
to this subsection) that is attributable to property of a
character subject to an allowance for depreciation shall be
treated as a credit listed in section 38(b) for such taxable
year (and not allowed under subsection (a)).
``(2) Personal credit.--
``(A) In general.--For purposes of this title, the
credit allowed under subsection (a) for any taxable
year (determined after application of paragraph (1))
shall be treated as a credit allowable under subpart A
for such taxable year.
``(B) Limitation based on amount of tax.--In the
case of a taxable year to which section 26(a)(2) does
not apply, the credit allowed under subsection (a) for
any taxable year (determined after application of
paragraph (1)) shall not exceed the excess of--
``(i) the sum of the regular tax liability
(as defined in section 26(b)) plus the tax
imposed by section 55, over
``(ii) the sum of the credits allowable
under subpart A (other than this section and
sections 23 and 25D) and section 27 for the
taxable year.
``(d) Qualified Plug-In Hybrid Vehicle.--For purposes of this
section--
``(1) In general.--The term `qualified plug-in hybrid
vehicle' means a motor vehicle (as defined in section
30(c)(2))--
``(A) the original use of which commences with the
taxpayer,
``(B) which is acquired for use or lease by the
taxpayer and not for resale,
``(C) which is made by a manufacturer,
``(D) which has a gross vehicle weight rating of
less than 14,000 pounds,
``(E) which has received a certificate of
conformity under the Clean Air Act and meets or exceeds
the Bin 5 Tier II emission standard established in
regulations prescribed by the Administrator of the
Environmental Protection Agency under section 202(i) of
the Clean Air Act for that make and model year vehicle,
``(F) which is propelled to a significant extent by
an electric motor which draws electricity from a
battery which--
``(i) has a capacity of not less than 4
kilowatt hours, and
``(ii) is capable of being recharged from
an external source of electricity, and
``(G) which either--
``(i) is also propelled to a significant
extent by other than an electric motor, or
``(ii) has a significant onboard source of
electricity which also recharges the battery
referred to in subparagraph (F).
``(2) Exception.--The term `qualified plug-in hybrid
vehicle' shall not include any vehicle which is not a passenger
automobile or light truck if such vehicle has a gross vehicle
weight rating of less than 8,500 pounds.
``(3) Other terms.--The terms `passenger automobile',
`light truck', and `manufacturer' have the meanings given such
terms in regulations prescribed by the Administrator of the
Environmental Protection Agency for purposes of the
administration of title II of the Clean Air Act (42 U.S.C. 7521
et seq.).
``(4) Battery capacity.--The term `capacity' means, with
respect to any battery, the quantity of electricity which the
battery is capable of storing, expressed in kilowatt hours, as
measured from a 100 percent state of charge to a 0 percent
state of charge.
``(e) Special Rules.--
``(1) Basis reduction.--The basis of any property for which
a credit is allowable under subsection (a) shall be reduced by
the amount of such credit (determined without regard to
subsection (c)).
``(2) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any property which ceases
to be property eligible for such credit.
``(3) Property used outside united states, etc., not
qualified.--No credit shall be allowed under subsection (a)
with respect to any property referred to in section 50(b)(1) or
with respect to the portion of the cost of any property taken
into account under section 179.
``(4) Election not to take credit.--No credit shall be
allowed under subsection (a) for any vehicle if the taxpayer
elects to not have this section apply to such vehicle.
``(5) Property used by tax-exempt entity; interaction with
air quality and motor vehicle safety standards.--Rules similar
to the rules of paragraphs (6) and (10) of section 30B(h) shall
apply for purposes of this section.''.
(b) Plug-In Vehicles Not Treated as New Qualified Hybrid
Vehicles.--Section 30B(d)(3) is amended by adding at the end the
following new subparagraph:
``(D) Exclusion of plug-in vehicles.--Any vehicle
with respect to which a credit is allowable under
section 30D (determined without regard to subsection
(c) thereof) shall not be taken into account under this
section.''.
(c) Credit Made Part of General Business Credit.--Section 38(b) is
amended by striking ``plus'' at the end of paragraph (32), by striking
the period at the end of paragraph (33) and inserting ``, plus'', and
by adding at the end the following new paragraph:
``(34) the portion of the plug-in hybrid vehicle credit to
which section 30D(c)(1) applies.''.
(d) Conforming Amendments.--
(1)(A) Section 24(b)(3)(B), as amended by this Act, is
amended by striking ``and 25D'' and inserting ``25D, and 30D''.
(B) Section 25(e)(1)(C)(ii) is amended by inserting
``30D,'' after ``25D,''.
(C) Section 25B(g)(2), as amended by this Act, is amended
by striking ``and 25D'' and inserting ``, 25D, and 30D''.
(D) Section 26(a)(1), as amended by this Act, is amended by
striking ``and 25D'' and inserting ``25D, and 30D''.
(E) Section 1400C(d)(2) is amended by striking ``and 25D''
and inserting ``25D, and 30D''.
(2) Section 1016(a) is amended by striking ``and'' at the
end of paragraph (35), by striking the period at the end of
paragraph (36) and inserting ``, and'', and by adding at the
end the following new paragraph:
``(37) to the extent provided in section 30D(e)(1).''.
(3) Section 6501(m) is amended by inserting ``30D(e)(4),''
after ``30C(e)(5),''.
(4) The table of sections for subpart B of part IV of
subchapter A of chapter 1 is amended by adding at the end the
following new item:
``Sec. 30D. Plug-in hybrid vehicles.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
TITLE III--MODIFYING THE STRATEGIC PETROLEUM RESERVE AND FUNDING
CONSERVATION AND ENERGY RESEARCH AND DEVELOPMENT
SEC. 301. FINDINGS.
Congress finds the following:
(1) The Strategic Petroleum Reserve (SPR) was created by
Congress in 1975, to protect the Nation from any future oil
supply disruptions. When the program was established, United
States refiners were capable of handling light and medium crude
and the make up of the SPR matched this capacity. This is not
the case today.
(2) A GAO analysis found that nearly half of the refineries
considered vulnerable to supply disruptions are not compatible
with the types of oil currently stored in the SPR and would be
unable to maintain normal refining capacity if forced to rely
on SPR oil as currently constituted, thereby reducing the
effectiveness of the SPR in the event of a supply disruption.
GAO concluded that the SPR should be comprised of at least 10
percent heavy crude.
(3) This Act implements the GAO recommendation and
dedicates funds received from the transactions to existing
energy conservation, research, and assistance programs.
SEC. 302. DEFINITIONS.
In this title--
(1) the term ``light grade petroleum'' means crude oil with
an API gravity of 35 degrees or higher;
(2) the term ``heavy grade petroleum'' means crude oil with
an API gravity of 26 degrees or lower; and
(3) the term ``Secretary'' means the Secretary of Energy.
SEC. 303. OBJECTIVES.
The objectives of this title are as follows:
(1) To modernize the composition of the Strategic Petroleum
Reserve to reflect the current processing capabilities of
refineries in the United States.
(2) To provide increased funding to accelerate
conservation, energy research and development, and assistance
through existing programs.
SEC. 304. MODIFICATION OF THE STRATEGIC PETROLEUM RESERVE.
Notwithstanding section 161 of the Energy Policy and Conservation
Act (42 U.S.C. 6241), the Secretary shall publish a plan not later than
30 days after the date of enactment of this Act to--
(1) exchange as soon as possible light grade petroleum from
the Strategic Petroleum Reserve, in an amount equal to 10
percent of the total number of barrels of crude oil in the
Reserve as of the date of enactment of this Act, for an
equivalent volume of heavy grade petroleum plus any additional
cash bonus bids received that reflect the difference in the
market value between light grade petroleum and heavy grade
petroleum and the timing of deliveries of the heavy grade
petroleum;
(2) from the gross proceeds of the cash bonus bids, deposit
the amount necessary to pay for the direct administrative and
operational costs of the exchange into the SPR Petroleum
Account established under section 167 of the Energy Policy and
Conservation Act (42 U.S.C. 6247); and
(3) deposit 90 percent of the remaining net proceeds from
the exchange into the account established under section 305(a).
SEC. 305. ENERGY INDEPENDENCE AND SECURITY FUND.
(a) Establishment.--There is hereby established in the Treasury of
the United States the ``Energy Independence and Security Fund'' (in
this section referred to as the ``Fund'').
(b) Administration.--The Secretary shall be responsible for
administering the Fund for the purpose of carrying out this section.
(c) Deposits.--The Secretary shall transfer the balance of funds in
the SPR Petroleum Account on the date of enactment of this Act in
excess of $10,000,000 into the Fund.
(d) Distribution of Funds.--The Secretary shall make available for
obligation, without further appropriation and without fiscal year
limitation, the following amounts from the Fund:
(1) Advanced research projects agency--energy.--The
Secretary shall transfer $100,000,000 to the account ``Energy
Transformation Acceleration Fund'', established under section
5012(m) of the America COMPETES Act (42 U.S.C. 16538(m)), to
remain available until expended. Of the funds so transferred,
the Secretary shall further allocate the amounts made available
for obligation as follows:
(A) $50,000,000 shall be available for university-
based research projects.
(B) $10,000,000 shall be available for program
direction expenses.
(2) Wind energy research and development.--The Secretary
shall transfer $15,000,000 to the account ``Energy Efficiency
and Renewable Energy'', to remain available until expended, for
necessary expenses for a program to support the development of
next-generation wind turbines, including turbines capable of
operating in areas with low wind speeds, as authorized in
section 931(a)(2)(B) of the Energy Policy Act of 2005 (42
U.S.C. 16231(a)(2)(B)).
(3) Solar energy research and development.--The Secretary
shall transfer $30,000,000 to the account ``Energy Efficiency
and Renewable Energy'', to remain available until expended, for
necessary expenses for a program to accelerate the research,
development, demonstration, and deployment of solar energy
technologies, and public education and outreach materials
pursuant to such program, as authorized by section 931(a)(2)(A)
of the Energy Policy Act of 2005 (42 U.S.C. 16231(a)(2)(A)).
(4) Low income weatherization and liheap.--The Secretary
shall transfer $100,000,000 to the account ``Weatherization
Assistance Program'', to remain available until expended, for
necessary expenses for a program to weatherize low income
housing, as authorized by section 411 of the Energy
Independence and Security Act of 2007 (Public Law 110-140). The
Secretary shall transfer $100,000,000 to the Secretary of
Health and Human Services for distribution to States under
section 2604(a) through (d) of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8623(a)-(d)).
(5) Marine and hydrokinetic renewable electric energy.--The
Secretary shall transfer $30,000,000 to the account ``Energy
Efficiency and Renewable Energy'', to remain available until
expended, for necessary expenses for a program to accelerate
the research, development, demonstration, and deployment of
ocean and wave energy, including hydrokinetic renewable energy,
as authorized by section 931 of the Energy Policy Act of 2005
(42 U.S.C. 16231) and section 636 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17215).
(6) Advanced vehicles research, development, and
demonstration.--The Secretary shall transfer $40,000,000 to the
account ``Energy Efficiency and Renewable Energy'', to remain
available until expended, for necessary expenses for research,
development, and demonstration on advanced, cost-effective
technologies to improve the energy efficiency and environmental
performance of vehicles, as authorized in section 911(a)(2)(A)
of the Energy Policy Act of 2005 (42 U.S.C. 16191(a)(2)(A)).
(7) Industrial energy efficiency research and
development.--The Secretary shall transfer $110,000,000 to the
account ``Energy Efficiency and Renewable Energy'', to remain
available until expended, for necessary expenses for a program
to accelerate the research, development, demonstration, and
deployment of new technologies to improve the energy efficiency
and reduce greenhouse gas emissions from industrial processes,
as authorized in section 911(a)(2)(C) of the Energy Policy Act
of 2005 (42 U.S.C. 16191(a)(2)(C)) and in section 452 of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17111).
(8) Building and lighting energy efficiency research and
development.--The Secretary shall transfer $70,000,000 to the
account ``Energy Efficiency and Renewable Energy'', to remain
available until expended, for necessary expenses for a program
to accelerate the research, development, demonstration, and
deployment of new technologies to improve the energy efficiency
of and reduce greenhouse gas emissions from buildings, as
authorized in section 321(g) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 6295 note), section 422 of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17082),
and section 912 of the Energy Policy Act of 2005 (42 U.S.C.
16192).
(9) Geothermal energy development.--The Secretary shall
transfer $30,000,000 to the account ``Energy Efficiency and
Renewable Energy'', to remain available until expended, for
necessary expenses for geothermal research and development
activities to be managed by the National Renewable Energy
Laboratory, as authorized by sections 613, 614, 615, and 616 of
the Energy Independence and Security Act of 2007 (42 U.S.C.
17192-95) and section 931(a)(2)(C) of the Energy Policy Act of
2005 (42 U.S.C. 16231(a)(2)(C)).
(10) Smart grid technology research, development, and
demonstration.--The Secretary shall transfer $30,000,000 to the
account ``Energy Efficiency and Renewable Energy'', to remain
available until expended, for necessary expenses for research,
development, and demonstration of smart grid technologies, as
authorized by section 1304 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17384).
(11) Carbon capture and storage.--The Secretary shall
transfer $385,000,000 to the account ``Fossil Energy Research
and Development'', to remain available until expended, for
necessary expenses for a program of demonstration projects of
carbon capture and storage, and for a research program to
address public health, safety, and environmental impacts, as
authorized by section 963 of the Energy Policy Act of 2005 (42
U.S.C. 16293) and sections 703 and 707 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17251, 17255).
(12) Nonconventional domestic natural gas production and
environmental research.--
(A) The Secretary shall transfer $50,000,000 to the
account authorized by section 999H(e) of the Energy
Policy Act of 2005 (42 U.S.C. 16378(e)), to remain
available until expended.
(B) The Secretary shall transfer $15,000,000 to the
account ``Fossil Energy Research and Development'', to
remain available until expended, for necessary expenses
for a program of basin-oriented assessments and public
and private partnerships involving States and industry
to foster the development of regional advanced
technological, regulatory, and economic development
strategies for the efficient and environmentally
sustainable recovery and market delivery of natural gas
and domestic petroleum resources within the United
States, and for support for the Stripper Well
Consortium.
(13) Hydrogen research and development.--The Secretary
shall transfer $5,000,000 to the account ``Energy Efficiency
and Renewable Energy'', to remain available until expended, for
necessary expenses for the Department of Energy's H-Prize
Program, as authorized by section 1008(f) of the Energy Policy
Act of 2005 (42 U.S.C. 16396(f)).
(14) Energy storage for transportation and electric
power.--
(A) The Secretary shall transfer $30,000,000 to the
account ``Basic Energy Sciences'', to remain available
until expended, for necessary expenses for a program to
accelerate basic research on energy storage systems to
support electric drive vehicles, stationary
applications, and electricity transmission and
distribution, as authorized by section 641(p)(1) of the
Energy Independence and Security Act of 2007 (42 U.S.C.
17231(p)(1)).
(B) The Secretary shall transfer $70,000,000 to the
account ``Energy Efficiency and Renewable Energy'', to
remain available until expended, including--
(i) $30,000,000 for a program to accelerate
applied research on energy storage systems to
support electric drive vehicles, stationary
applications, and electricity transmission and
distribution as authorized by section 641(p)(2)
of the Energy Independence and Security Act of
2007 (42 U.S.C. 17231(p)(2));
(ii) $20,000,000 for energy storage systems
demonstrations as authorized by section
641(p)(4) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17231(p)(4));
and
(iii) $20,000,000 for vehicle energy
storage systems demonstrations as authorized by
section 641(p)(5) of the Energy Independence
and Security Act of 2007 (42 U.S.C.
17231(p)(5)).
(e) Transfer Procedures.--The Secretary shall make an initial
transfer from the Fund no later than 30 days after the initial deposit
of monies into the Fund. The Secretary shall make additional transfers
no later than 30 days after subsequent deposits. If the amount
available to be transferred is less than the levels authorized under
subsection (d), the transfers for each program shall be allocated on a
pro rata basis. If the amount available to be transferred exceeds the
levels authorized under subsection (d), the transfers for each program
shall be increased on a pro rata basis.
(f) Management and Oversight.--
(1) Additionality of fiscal year 2008 transfers.--All
amounts transferred under subsection (d) shall be in addition
to, and shall not be substituted for, any funds appropriated
for the same or similar purposes in the Consolidated
Appropriations Act, 2008.
(2) Excess funds.--The total of all amounts transferred
under subsection (d) and any funds appropriated for the same or
similar purposes in the Consolidated Appropriations Act, 2008
may not exceed the amounts authorized in other Acts for such
purposes. In the event that amounts made available under this
title plus amounts under the Consolidated Appropriations Act,
2008 exceed the cumulative amounts authorized in other Acts for
any program funded by this Act, the excess amounts shall be
distributed to the other programs funded by this title on a pro
rata basis.
(3) Program plans and performance measures.--The Secretary
shall prepare and publish in the Federal Register a plan for
the proposed use of all funds authorized in subsection (d). The
plan also shall identify how the use of these funds will be
additive to, and not displace, annual appropriations. The plans
also shall identify performance measures to assess the
additional benefits that may be realized from the application
of the additional funding provided under this section. The
initial plan shall be published in the Federal Register not
later than 45 days after the date of enactment of this Act.
(4) Congressional oversight and review.--Nothing in this
section shall limit or restrict the review and oversight of
program plans by the appropriate committees of Congress.
Nothing in this section shall limit or restrict the authority
of Congress to set alternative spending limitations in annual
appropriations Acts.
(5) Apportionment.--All transactions of the Fund shall be
exempt from apportionment under the provisions of subchapter II
of chapter 15 of title 31, United States Code.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce, Ways and Means, Science and Technology, Education and Labor, the Budget, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce, Ways and Means, Science and Technology, Education and Labor, the Budget, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce, Ways and Means, Science and Technology, Education and Labor, the Budget, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce, Ways and Means, Science and Technology, Education and Labor, the Budget, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce, Ways and Means, Science and Technology, Education and Labor, the Budget, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce, Ways and Means, Science and Technology, Education and Labor, the Budget, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce, Ways and Means, Science and Technology, Education and Labor, the Budget, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce, Ways and Means, Science and Technology, Education and Labor, the Budget, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Energy and Air Quality.
Referred to the Subcommittee on Energy and Mineral Resources.
Referred to the Subcommittee on Energy and Environment.