American Clean Energy and Security Act of 2009 - Sets forth provisions concerning clean energy, energy efficiency, reducing global warming pollution, transitioning to a clean energy economy, and providing for agriculture and forestry related offsets. Includes provisions: (1) creating a combined energy efficiency and renewable electricity standard and requiring retail electricity suppliers to meet 20% of their demand through renewable electricity and electricity savings by 2020; (2) setting a goal of, and requiring a strategic plan for, improving overall U.S. energy productivity by at least 2.5% per year by 2012 and maintaining that improvement rate through 2030; and (3) establishing a cap-and-trade system for greenhouse gas (GHG) emissions and setting goals for reducing such emissions from covered sources by 83% of 2005 levels by 2050.
(Sec. 3) Requires the Administrator of the Environmental Protection Agency (EPA Administrator) to report annually to Congress on whether China and India have adopted GHG emissions standards that are at least as strict as the standards under this Act.
Title I: Clean Energy - Subtitle A: Combined Efficiency and Renewable Electricity Standard - (Sec. 101) Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to establish a combined efficiency and renewable electricity standard that requires each retail electric supplier that sells more than 4 million megawatt hours of electricity to consumers for purposes other than resale to supply an increasing percentage of its demand each year (6% in 2012, 9.5% in 2014, 13% in 2016, 16.5% in 2018, and 20% in 2020-2039) from a combination of electricity savings and renewable electricity..
Defines: (1) "renewable electricity" as electricity generated from a renewable energy resource or other qualifying energy resources; (2) "renewable energy resource" as wind, solar, and geothermal energy, renewable biomass, biogas and biofuels derived exclusively from renewable biomass, qualified hydropower, and marine and hydrokinetic renewable energy; and (3) "other qualifying energy resource" as landfill gas, wastewater treatment gas, coal mine methane used to generate electricity at or near the mine mouth, and qualified waste-to-energy.
Requires the Federal Energy Regulatory Commission (FERC), in establishing regulations to implement the standard, to: (1) incorporate best practices of existing state and tribal renewable electricity programs; and (2) provide for the issuance, tracking, verification, and identification of renewable electricity credits (RECs).
Requires each retail electric supplier to submit to FERC: (1) an amount of RECs and demonstrated total annual electricity savings equal to the supplier's annual combined target (the product of the specified annual percentage and the supplier's base amount of electricity sold in such year); and (2) RECs equal to at least three quarters of such target. Authorizes FERC, upon request from a state's governor, to increase the proportion of a supplier's target that may be met with electricity savings to no more than two fifths.
Requires FERC to: (1) issue to each generator of renewable electricity a REC for each megawatt hour of renewable electricity generated after December 31, 2011; (2) issue three RECs for each megawatt hour of renewable electricity generated by an existing distributed renewable generation facility; and (3) review the effect of issuing three RECs and to reduce such number for any given energy source or technology to ensure that such number is no higher than is necessary to make such facilities using such source or technology cost competitive with other sources of renewable electricity generation.
Provides for the issuance of RECs for qualified hydropower, electricity generated from qualified waste, and electricity generated using both a renewable energy resource and a nonrenewable resource.
Authorizes: (1) the holder of a REC to sell, exchange, transfer, and bank a REC and to submit it for compliance or retirement; and (2) a REC to be submitted for the compliance year in which it was issued or for any of the three immediately subsequent compliance years.
Requires FERC to prescribe standards that: (1) define and measure electricity savings from energy efficiency and energy conservation measures; and (2) require third-party verification of savings. Authorizes a retail electric supplier to use electricity savings transferred through a bilateral contract from another supplier, an owner of an electric distribution facility that is not a supplier, a state, or a third-party efficiency provider to meet compliance obligations. Requires: (1) a retail electric supplier to report to FERC on its annual electricity savings; and (2) FERC to review such reports and exclude any savings that have not been adequately demonstrated in accordance with such standards.
Provides that this Act does not limit or affect the authority of a state to require a retail electric supplier to obtain authorization or approval of a contract for transfer of savings.
Authorizes suppliers to submit to the state(s) in which they are located a payment of $25 (adjusted for inflation annually) in lieu of each REC or megawatt hour of demonstrated total annual electricity savings that would otherwise be due.
Requires states to use such payments exclusively for: (1) deploying technologies that generate electricity from renewable energy resources; or (2) implementing cost-effective energy efficiency programs to achieve electricity savings.
Authorizes a central procurement state to request and assume responsibility for compliance with such retail electric supplier requirements for electricity sold in the state.
Sets forth provisions concerning enforcement and judicial review of such combined efficiency and renewable electricity standard. Terminates regulations concerning such standard on December 31, 2040.
(Sec. 102) Authorizes states to set the rates for the voluntary sale of electric energy by a facility generating electric energy from renewable energy sources pursuant to a state-approved production incentive program.
(Sec. 103) Requires the President to ensure that an increasing percentage (6% in 2012, 9.5% in 2014, 13% in 2016, 16.5% in 2018, and 20% in 2020) of the total amount of electricity federal agencies consume during 2012 through 2039 is renewable electricity. Authorizes the President to modify such requirement. Requires the Secretary of Energy (Secretary) to report to Congress by April 1, 2013, and annually thereafter on federal agencies' renewable electricity consumption.
Authorizes a contract for the acquisition of electricity generated from a renewable energy resource for the federal government to be made for a period of no more than 20 years. Requires the Secretary, through the Federal Energy Management Program, to publish a standardized renewable energy purchase agreement that federal agencies may use to acquire renewable electricity.
Subtitle B: Carbon Capture and Sequestration - (Sec. 111) Requires the EPA Administrator, in consultation with the Secretary, the Secretary of the Interior, and other relevant agencies, to report to Congress on a unified and comprehensive strategy to address the key legal, regulatory and other barriers to the commercial-scale deployment of carbon capture and sequestration.
(Sec. 112) Amends the Clean Air Act (CAA) to require the EPA Administrator to: (1) establish a coordinated approach to certifying and permitting geologic sequestration; (2) promulgate regulations, within two years, to protect human health and the environment by minimizing the risk of escape to the atmosphere of carbon dioxide injected for purposes of geologic sequestration; (3) report to the House Committee on Energy and Commerce and the Senate Committee on Environment and Public Works every three years on geologic sequestration in the United States and in North America.
Amends the Safe Water Drinking Act to require: (1) the EPA Administrator to promulgate regulations for carbon dioxide geologic sequestration wells; and (2) such regulations to include requirements for maintaining evidence of financial responsibility, including responsibility for emergency and remedial response, well plugging, site closure, and post-injection site care.
(Sec. 113) Requires the EPA Administrator to establish a task force to study and report on the legal framework that applies to geologic sequestration sites for carbon dioxide.
Requires the EPA Administrator to study and report on how the environmental statutes for which the EPA has responsibility would apply to carbon dioxide injection and geologic sequestration activities.
(Sec. 114) Authorizes qualified industry organizations to conduct a referendum among the owners or operators of distribution utilities delivering fossil fuel-based electricity for the creation of a Carbon Storage Research Corporation to: (1) establish and administer a program to accelerate the commercial availability of carbon dioxide capture and storage technologies and methods and provide grants, contracts, and financial assistance to eligible entities; (2) collect an assessment on distribution utilities for all fossil fuel-based electricity delivered directly to retail consumers; (3) use funds derived from assessments to issue grants and contracts to support commercial-scale demonstrations of carbon capture or storage technology projects capable of advancing the technologies to commercial readiness; and (4) report to Congress, the Secretary, each state, and the public on its programs and allocations of resources. Requires the assessment to reflect the relative carbon dioxide emission rate of fossil fuel-based electricity, including coal, natural gas, and oil based electricity. Authorizes the Corporation to adjust the assessment so that the assessments generate not less than $1 billion and no more than $1.1 billion per year. Establishes a Technical Advisory Committee to provide independent assessment, technical evaluations, and recommendations to the Board concerning the Corporation's activities.
Requires the Secretary to: (1) issue a rule for determining the level and type of fossil fuel-based electricity delivered to retail customers by each distribution utility in the United States; and (2) make annual determinations of the amounts and types for each such utility and publish them in the Federal Register.
Requires the Comptroller General to report to Congress, annually, on the Corporation's activities.
(Sec. 115) Amends the CAA to require the EPA Administrator to promulgate regulations providing for the distribution of emission allowances (established by this Act) that are allocated to support the commercial deployment of carbon capture and sequestration technologies in electric power generation and industrial operations. Establishes eligibility criteria for facilities to receive allowances based on the number of tons of carbon dioxide sequestered. Distributes allowances to electric generating units (EGUs) in two phases (phase one applies to the first six gigawatts of EGUs and phase two applies after the six gigawatt threshold is achieved). Requires the EPA Administrator to establish a bonus allowance value for each rate of carbon capture and sequestration achieved, from a minimum of $50 per ton for a 50% rate to a maximum of $90 per ton for an 85% rate. Prohibits the EPA Administrator from allocating more than 15% of the allowances that are required to be distributed for the benefit of electricity consumers to owners or operators of eligible industrial sources to support the commercial-scale deployment of carbon capture and sequestration technologies at such sources. Limits the total allowances for the deployment of such technologies to no more than 72 gigawatts of total cumulative generating capacity.
(Sec. 116) Amends the CAA to require a covered EGU (a utility unit that is required to have a permit under Title V of the CAA and is authorized to derive at least 30% of its annual heat input from coal, petroleum coke, or any combination of these fuels) that is initially permitted: (1) on or after January 1, 2020, to achieve a 65% reduction of carbon dioxide emissions; and (2) after January 1, 2009, and before January 1, 2020, to achieve a 50% reduction in such emissions.
Requires the EPA Administrator, by 2025 and every five years thereafter, to review the standards for new covered EGUs and reduce the maximum carbon dioxide emission rate for new covered EGUs to a rate that reflects the degree of emission limitations achievable through the application of the best system of emission reduction that has been adequately demonstrated.
Requires the EPA Administrator to report, semiannually, on the nameplate capacity of units in commercial operation equipped with carbon capture and sequestration technology in the United States.
Subtitle C: Clean Transportation - (Sec. 121) Amends PURPA to require each electric utility to develop a plan to support the use of plug-in electric drive vehicles, including plug-in hybrids. Authorizes plans to provide for deployment of electrical charging stations or infrastructure to support such vehicles. Directs the state regulatory authority or a utility (in the case of a non-regulated utility) to: (1) require that charging infrastructure deployment is interoperable with products of all manufactures; (2) establish protocols and standards for integrating plug-in electric drive vehicles into an electrical distribution system and include the ability for each plug-in electric drive vehicle to be associated with its owner's electric utility account, regardless of its location, for billing purposes; and (3) review such standards within three years. Establishes compliance provisions.
(Sec. 122) Requires the Secretary to establish: (1) a program to deploy and integrate plug-in electric drive vehicles into the electricity grid in multiple regions; and (2) a clearinghouse of information regarding such deployment and integration. Authorizes the Secretary to provide financial assistance to states, Indian tribes, or local governments for furthering such deployment and integration.
(Sec. 123) Requires the Secretary to establish a program to provide financial assistance to automobile manufacturers to facilitate the manufacture of plug-in electric drive vehicles. Authorizes the Secretary to provide financial assistance for the reconstruction or retooling of facilities for the manufacture of plug-in electric drive vehicles or batteries for such vehicles that are developed and produced in the United States. Requires the Secretary to report annually on this program to Congress.
(Sec. 124) Requires the EPA Administrator, at the direction of the Secretary, to provide emission allowances for each of 2012-2025 to: (1) applicants, joint sponsors, and automobile manufacturers for the development and deployment of plug-in electric drive vehicles and advanced technology vehicles; and (2) automobile manufacturers and component suppliers to pay not more than 30% of the cost of reequipping, expanding, or establishing a manufacturing facility to produce qualifying advanced technology vehicles or components and of engineering integration performed in the United States of qualifying vehicles and qualifying components.
(Sec. 125) Amends the Energy Independence and Security Act of 2007 to increase the total amounts of loans allowed under the Advanced Technology Vehicle Manufacturing Loan Program from $25 billion to $50 billion.
(Sec. 126) Amends the CAA to revise the definition of "renewable biomass" for purposes of the renewable fuel standard by expanding the amount of biomass from forested land that could be used to produce fuels under such standard and eliminating the requirement that feedstock crops come from previously cultivated land.
(Sec. 127) Authorizes the Secretary of Transportation (DOT Secretary) to promulgate regulations to require each light-duty automobile manufacturer's annual covered inventory to be comprised of a minimum percentage of fuel-choice enabling automobiles (an automobile that has been warranted by its manufacturer to operate on gasoline, E85, and M85) if such a requirement is a cost-effective way to achieve the nation's energy independence and environmental objectives.
(Sec. 128) Amends the Energy Policy Act of 2005 to include: (1) American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands within the definition of "state" for the purposes of the diesel emissions reduction program; and (2) the construction of pipelines for renewable fuels within the loan guarantee program.
(Sec. 130) Requires the DOT Secretary to allocate credits to federal, state, and fuel provider fleets that re-power or convert an existing vehicle so that it is capable of operating on an alternative fuel.
(Sec. 130A) Requires the EPA Administrator, after an examination of scientific studies in 360 days, to report to Congress on: (1) the contribution that light and heavy duty natural gas vehicles have made during the last decade to the reduction of GHGs and criteria pollutants under the CAA and the reduced consumption of petroleum-based fuels; (2) the expected reductions from such vehicles between 2010 and 2020; and (3) additional federal measures that could maximize the potential for natural gas used in both stationary and mobile sources to contribute to the reduction of GHGs and such pollutants.
Subtitle D: State Energy and Environment Development Accounts - (Sec. 131) Requires the EPA Administrator to establish a program under which a state, through its State Energy Office or other state agency, may operate a State Energy and Environment Development (SEED) account to serve as a common state-level repository for managing emission allowances provided to states designated for renewable energy and energy efficiency purposes. Requires states administering SEED accounts to: (1) prepare annually a plan to identify the intended uses of the allowances or proceeds from the sale of allowances in its SEED account; and (2) report biannually to the EPA Administrator on its SEED activities. Conditions a state's eligibility to receive allowances in its SEED account on its compliance with the requirements of this Act.
(Sec. 132) Requires the EPA Administrator to distribute for 2011-2049: (1) carbon offset allowances among states; and (2) allowances to states for renewable energy and energy efficiency programs to be deposited in and administered through the SEED accounts. Requires states to give a specified amount of allowances to certain programs.
Requires states that receive allowances to report biannually to Congress on recipients of the allowances, the amount, nature, and purpose of allowances, the amount of energy savings and emission reductions, and the cost effectiveness of such program. Sets forth provisions to enforce the programs when states fail to comply with the requirements.
(Sec. 133) Requires the Secretary to promulgate regulations establishing a program to distribute allowances to Indian tribes on a competitive basis for: (1) cost-effective energy efficiency programs for end-use consumers of electricity, natural gas, home heating oil, or propane; and (2) deployment of technologies to generate electricity from renewable energy resources. Requires the EPA Administrator to distribute to Indian tribes allowances that are set aside for such program.
Subtitle E: Smart Grid Advancement - (Sec. 142) Requires the Secretary and the EPA Administrator to: (1) assess the potential for cost-effective integration of Smart Grid technologies and capabilities in all products that are reviewed by the Department of Energy (DOE) and the EPA for potential designation as Energy Star products; (2) prepare an analysis of the potential energy savings, GHG emission reductions, and electricity cost savings that could accrue for the products identified in the assessment in certain optimal circumstances; and (3) notify product manufacturers if the incorporation of Smart Grid technology in their products appears to be cost-effective.
(Sec. 143) Amends the Energy Policy and Conservation Act (EPCA) to require the Federal Trade Commission (FTC), within three years, to complete a rulemaking to consider adding ENERGY GUIDE labels information on Smart Grid features of products that incorporate Smart Grid technology.
(Sec. 144) Requires: (1) each load-serving entity or state to determine and publish peak demand reduction goals for any load-serving entity that has an applicable baseline in excess of 250 megawatts; (2) the Secretary to develop a system and rules for measurement and verification of demand reductions; (3) such goals to provide that such entities will reduce or mitigate peak demand by a minimum percentage amount from the applicable baseline to a lower peak demand during 2012 and 2015; (4) such goals to provide that the minimum percentage reductions established as peak demand reduction goals shall be the maximum reductions that are realistically achievable with an aggressive effort to deploy Smart Grid and peak demand reduction technologies and methods; and (5) each load-serving entity to prepare a peak demand reduction plan that demonstrates its ability to meet applicable goals. Authorizes financial assistance to the states using emission allowances from the SEED accounts. Establishes compliance provisions.
(Sec. 145) Amends the Energy Policy Act of 2005 to: (1) revise the energy efficiency public information program to make it into a Smart Grid and energy efficiency program and extend such program to 2020; (2) require the Secretary to report to Congress on such program for each year when appropriations exceed $10 million; (3) change such program's termination date to December 31, 2020; and (4) authorize $90 million for such program for each fiscal year through FY2020.
(Sec. 146) Revises the energy efficiency appliance rebate program to: (1) include appliances with Smart Grid capabilities; (2) increase funding from $50 million to $100 million; and (3) extend the authorization of funding until FY2015.
Subtitle F: Transmission Planning - (Sec. 151) Amends the Federal Power Act to establish a federal policy for transmission planning that calls for regional electric grid planning that facilitates the deployment of renewable and other zero-carbon and low-carbon energy sources for generating electricity to reduce GHG emissions while ensuring reliability, reducing congestion, ensuring cyber-security, minimizing environmental harm, and providing for cost-effective electricity services throughout the United States.
Directs FERC to: (1) adopt, within a year, national electricity grid planning principles derived from such policy to be applied in transmission planning that may implicate interstate transmission of electricity; (2) encourage regional planning entities to cooperate and coordinate across regions and harmonize regional electric grid planning with planning in adjacent or overlapping jurisdictions; (3) seek to ensure that planning is consistent with the national electricity grid planning principles; (4) require regional planning entities to submit initial regional electric grid plans within 18 months of FERC promulgating such principles and to update such plans every three years; and (5) report to Congress within three years on the results of the initial regional grid planning process.
Authorizes FERC to issue a certificate of public convenience and necessity in states in the Western Interconnection for the construction or modification of a transmission facility that meets certain criteria.
Requires FERC to lead efforts to coordinate environmental reviews and approvals for proposed projects in states in the Western Interconnection and requires the Department of the Interior to assume such lead with respect to federal land.
(Sec. 152) Amends PURPA to require each electric utility that sold over 4 million megawatt hours of electricity in the preceding year to offer to arrange to make interconnection and net metering available to federal government agencies, offices, or facilities.
(Sec. 153) Amends the Energy Policy Act of 2005 to provide loan guarantees for the development, construction, acquisition, retrofitting, or engineering integration of a qualified advance electric transmission manufacturing plant or for the construction of a qualified high efficiency transmission property or a qualified advanced electric transmission property. Authorizes the Secretary to provide grants for up to 50% of the cost of the first project incorporating such technologies. Authorizes $100 million for FY2010 for such grants.
Subtitle G: Technical Corrections to Energy Laws - (Sec. 161) Amends the Energy Independence and Security Act of 2007 to revise provisions concerning energy efficiency standards for lamps, including by: (1) establishing energy efficiency standards for general service incandescent lamps, modified spectrum general service incandescent lamps, and candelabra base incandescent lamps; and (2) requiring the Secretary to initiate a rulemaking procedure to determine whether the standards in effect for fluorescent lamps and incandescent lamps should be amended so that the standards would be applicable to additional general service fluorescent lamps and whether the exclusions for certain incandescent lamps should be discontinued; (3) requiring the Secretary to establish new standards for general service lamps by January 1, 2017, if the Secretary determines they should be amended; and (4) requiring the Secretary to prohibit, beginning on January 1, 2020, the manufacture of general service lamps that do not meet a minimum efficacy standard of 45 lumens per watt, if the Secretary fails to complete such rulemakings or if standards for general service lamps do not produce savings that are at least equal to the savings from a minimum efficacy standard of 45 lumens per watt.
Subtitle H: Energy and Efficiency Centers and Research - (Sec. 171) Requires the Secretary to implement a program to establish Energy Innovation Hubs by: (1) leveraging the expertise and resources of the university and private research communities, industry, venture capital, national laboratories, and other participants in energy innovation to support cross-disciplinary research and development in areas not being served by the private sector in order to develop and transfer innovative clean energy technologies into the marketplace; (2) expanding the knowledge base and human capital necessary to transition to a low-carbon economy; and (3) promoting regional economic development by cultivating clusters of clean energy technology firms, private research organizations, suppliers, and other complementary groups and businesses. Requires Hubs to: (1) support translational research activities leading to commercial application of clean energy technologies through issuance of awards to projects managed by qualifying entities; and (2) establish an Advisory Board to review the Hubs' proposed plans, programs, project selection criteria, and projects.
Sets forth provisions concerning distribution of: (1) awards to support clean energy technology projects by Hubs; and (2) allowances to eligible consortia to support Hubs. Requires Hubs to conduct annual audits of allowances distributed.
(Sec. 172) Requires the Director of the Advanced Research Projects Agency, no later than September 30, 2011, and each year thereafter through 2049, to distribute allowances on a competitive basis to institutions of higher education, companies, research foundations, trade and industry research collaborations, or consortia of such entities to achieve the goals of the Advanced Research Projects Agency-Energy through targeted acceleration of: (1) novel early-stage energy research with possible technology applications; (2) development of techniques, processes, technologies, and related testing and evaluation; (3) development of manufacturing processes for technologies; and (4) demonstration and coordination with non-governmental entities for commercial applications of technologies and research applications.
(Sec. 173) Requires the Secretary to provide funding to institutions of higher education for Building Assessment Centers to: (1) identify opportunities for optimizing energy efficiency and environmental performance in existing buildings; (2) promote high-efficiency building construction techniques and material options; (3) promote applications of emerging concepts and technologies in commercial and institutional buildings; (4) provide training in energy-efficient design and operation; and (5) promote research and development for the use of alternative energy sources to supply heat and power.
Authorizes: (1) such a Center to serve as a Center for Energy and Environmental Knowledge and Outreach; (2) appropriations for FY2010 and each year thereafter for such Centers.
(Sec. 174) Requires the Secretary to establish through a competitive process no more than 10 regional Centers for Energy and Environmental Knowledge and Outreach at institutions of higher education to coordinate with and advise industrial research and assessment centers, Building Assessment Centers, and Clean Energy Application Centers located in the Centers' regions. Sets forth requirements for such Centers.
Requires the Administrator of the Small Business Administration (SBA) to expedite consideration of applications from eligible small business concerns for loans under the Small Business Act for loans to implement recommendations of any industrial research and assessment center, Clean Energy Application Centers, or Building Assessment Centers.
Authorizes appropriations for FY2010 and each year thereafter to support such centers. Increases authorization of support to Clean Energy Application Centers.
(Sec. 175) Requires the Secretary to implement a multiyear, multiphase program of research, development, and technology demonstration to improve the efficiency of gas turbines used in combined cycle power generation systems and to identify the technologies that will lead to gas turbine combined cycle efficiency of 65%. Authorizes appropriations.
Subtitle I: Nuclear and Advanced Technologies - (Sec. 181) Amends the Energy Policy Act of 2005 to revise the loan guarantee program for low-carbon energy projects. Prohibits a guarantee from being made unless: (1) an appropriation for the cost has been made; (2) the Secretary has received from the borrower a payment in full for the cost of the obligation and deposited it into the Treasury; or (3) a combination of appropriations or payments has been made to cover the cost of the obligation.
Establishes the Incentives for Innovative Technologies Fund for administrative expenses related to the program.
Requires prevailing wages for projects that receive loan guarantees.
(Sec. 184) Establishes the Clean Energy Investment Fund for the Clean Energy Deployment Administration (CEDA) that is established by this Act to provide financial assistance to clean energy projects. Requires the Secretary of the Treasury to issue Green Bonds to acquire capital stock of CEDA.
(Sec. 185) Requires the Secretary to develop recommended goals for the deployment of clean energy technologies through the credit support programs.
(Sec. 186) Establishes CEDA as an independent corporation wholly owned by the United States. Requires CEDA's Administrator to be appointed by the President with the advice and consent of the Senate. Requires CEDA to have an Energy Technology Advisory Council to develop and publish a methodology for assessment of clean energy technologies for potential CEDA financial support.
(Sec. 187) Authorizes CEDA to issue direct loans, letters of credit, and loan guarantees to deploy clean energy technologies. Requires CEDA's Administrator to: (1) establish an expected loan loss reserve; and (2) use a portfolio investment approach to mitigate risk and diversify investments across technologies and limit to 30% the amount of financial assistance provided to any one technology. Requires projects supported by CEDA to pay prevailing wages to their workers. Prohibits CEDA from providing support to projects that receive loan guarantees under Title XVII of the Energy Policy Act of 2005.
(Sec. 188) Authorizes CEDA's Administrator to provide credit support (direct loans, letters, of credit, loan guarantees, insurance products, and the purchase of debt instruments) to enhance the availability of private financing for clean energy technology deployment.
(Sec. 190) Establishes reporting and auditing requirements for CEDA.
Subtitle J: Miscellaneous - (Sec. 195) Requires the Department of the Interior, DOE, and the Department of the Army to: (1) jointly update the study of the potential for increasing electric power production capability at federally owned or operated water regulation, storage, and conveyance facilities, including an update on facilities that are capable, with our without modification, of producing additional hydroelectric power; and (2) report to specified committees on their findings.
(Sec. 196) Authorizes the Secretary to provide grants to organizations to conduct business competitions that provide incentives, training, and mentorship to entrepreneurs to meet high priority economic, environmental, and energy security goals in areas to include energy efficiency, renewable energy, air quality, water quality and conservation, transportation, smart grid, green building, and waste management.
(Sec. 197) Requires the Secretary to establish a National Bioenergy Partnership to provide coordination among programs that support the institutional and physical infrastructure necessary to promote the deployment of sustainable biomass fuels and bioenergy technologies for the United States. Requires the Partnership to consist of five regions to be managed by specified entities.
(Sec. 198) Amends the Federal Power Act to establish within FERC an Office of Consumer Advocacy. Sets forth the Office's duties, including authorizing the Office to represent the interests of energy customers, and appeal on behalf of such customers, on matters concerning rates or service of public utilities and natural gas companies under FERC's jurisdiction at specified hearings. Requires the Office's Director to establish the Consumer Advocacy Advisory Committee to review rates, services, and disputes.
(Sec. 199) Requires the Secretary, in coordination with the Secretary of Commerce, to: (1) determine areas of the United States that lack a federal power marketing agency; (2) develop a plan or criteria for such areas for investing in renewable energy and associated infrastructure; (3) identify any federal agency within such an area that has, or could develop, the ability to facilitate such investment; and (4) recommend to the House Energy and Commerce Committee the establishment of any new federal lending authority for existing federal agencies.
(Sec. 199A) Requires the Secretary, by February 1, 2011, to report to Congress on the results of a study on the use of thorium-fueled nuclear reactors for national energy needs, including a response to the International Atomic Energy Agency study entitled, "Thorium fuel cycle - potential benefits and challenges."
Title II: Energy Efficiency - Subtitle A: Building Energy Efficiency Programs - (Sec. 201) Amends the EPCA to establish national building code energy efficiency targets to achieve: (1) a 30% reduction in energy use relative to a comparable building constructed in compliance with the baseline code, effective upon enactment of this Act; (2) a 50% reduction in energy use relative to a comparable building constructed in compliance with the baseline code by January 1, 2014, for residential buildings and by January 1, 2015, for commercial buildings; (3) a 5% additional reduction in energy use relative to the baseline code for residential buildings by January 1, 2017, and by every three years thereafter through January 1, 2029; and (4) a 5% additional reduction in energy use relative to the baseline code for commercial buildings by January 1, 2018, and by every three years thereafter through January 1, 2030.
Defines "baseline code" to mean the 2006 International Energy Conservation Code for residential buildings and the ASHRAE Standard 90.1-2004 for commercial buildings.
Requires national energy efficiency building codes to be established for residential and commercial buildings so that such targets are met. Requires each national building code established to be set at the maximum level that the Secretary determines is life cycle cost-justified and technically feasible and is in accordance with specified calculations.
Requires the Secretary to provide assistance to recognized developers of national energy codes and standards to develop and disseminate consensus based energy efficiency building codes. Sets forth provisions concerning training state, tribal, and local code officials and building inspectors in the implementation and enforcement of such code.
Requires states, within a year after a national energy efficiency building code is established, to: (1) review and update their building codes regarding energy efficiency to meet the national target; and (2) certify that their energy efficiency building code provisions meet or exceed the national target.
Makes the national code the applicable energy efficiency building code in states that do not have a certified code within a specified time.
Provides for the enforcement of such codes.
Requires the EPA Administrator, for each vintage year from 2012-2050, to distribute allowances allocated to the SEED account for costs associated with energy efficiency building codes. Authorizes sums as may be necessary to provide enforcement of a national energy efficiency building code for FY2010-FY 2020.
Requires the Secretary to report to Congress on the status, adoption, implementation, and enforcement of building codes.
(Sec. 202) Requires the EPA Administrator: (1) in consultation with the Secretary, to develop and implement standards for a national energy and environmental building retrofit policy for single-family and multi-family residences; and (2) in consultation with the Secretary and the Director of Commercial High-Performance Green Buildings, to develop and implement standards for a national energy and environmental building retrofit policy for nonresidential programs. Declares that: (1) programs to implement such standards shall together be known as the Retrofit for Energy and Environmental Performance (REEP) program; and (2) the purpose of REEP is to facilitate the retrofitting of existing buildings to achieve maximum cost-effective energy efficiency improvements and significant improvements in water use and other environmental attributes. Requires the EPA Administrator, in consultation with the Secretary, to establish goals, guidelines, practices, standards, and specified program elements for accomplishing such purpose.
Requires the EPA Administrator to: (1) consult with and coordinate with the Secretary of Housing and Urban Development (HUD) in implementing the REEP program with regard to retrofitting of public housing and assisted housing; and (2) establish standards to ensure that retrofits of public housing and assisted housing funded are cost-effective.
Requires the EPA Administrator and the Secretary to provide assistance to state and local agencies for the establishment of revolving loan funds, loan guarantees, or other forms of financial assistance for REEP. Provides for the administration of REEP by state and local governments.
Requires emission allowances to the states' SEED accounts to support the implementation through state REEP programs of alternative means of creating incentives for, or reducing financial barriers to, improved energy and environmental performance in buildings. Establishes eligible uses of such support. Requires nonresidential buildings receiving support to satisfy minimum indoor air quality standards.
Requires the EPA Administrator to report annually on REEP's achievements in each state and on recommendations for program modifications.
Authorizes appropriations for FY2010-FY2013 to the EPA Administrator and to the Secretary for REEP program costs.
(Sec. 203) Authorizes states to provide to the owner of a manufactured home constructed prior to 1976 a rebate to use toward the purchase of a new Energy Star qualified manufactured home that is used on a year-round basis as a primary residence. Requires the rebate to be given only if the manufactured home constructed prior to 1976 will be rendered unusable for human habitation and will be replaced, in the same general location, with an Energy Star qualified manufactured home.
Directs federal support for the program to be provided through the emission allowances allocated to the states' SEED accounts. Caps rebates at $7,500 per manufactured home.
(Sec. 204) Requires the EPA Administrator to: (1) establish a building energy performance labeling program with broad applicability to the residential and commercial markets to enable and encourage knowledge about building energy performance by owners and occupants and to inform efforts to reduce energy consumption nationwide; (2) develop model building energy labels for new residential and commercial buildings; and (3) conduct building energy performance labeling demonstration projects for different building types.
Directs federal support for the program to be provided through the emission allowances allocated to the states' SEED accounts. Establishes requirements for states to follow in order to become eligible to utilize allowances to implement this program.
Authorizes the EPA Administrator to create or identify model programs and resources to provide guidance to offer to states and localities for creating labeling programs consistent with the model program. Requires the EPA Administrator to report to Congress on the model labeling program.
Requires the Secretary and the EPA Administrator to: (1) use the labeling program to evaluate energy performance in DOE and EPA facilities and to encourage and support implementation efforts in other federal agencies; and (2) establish a business and consumer education program to increase awareness about the importance of building energy efficiency and to facilitate widespread use of the labeling program.
Authorizes appropriations to the EPA Administrator and the Secretary for FY2010-FY2020 for such labeling program.
(Sec. 205) Authorizes the Secretary to: (1) provide financial, technical, and related assistance to retail power providers for the establishment or continued operation of , targeted tree-planting programs for residences and small office buildings; and (2) create a national public recognition initiative to encourage participation in tree-planting programs by retail power providers.
(Sec. 207) Requires the Secretary of HUD to provide grants to local building code enforcement departments. Caps grants at $1 million. Authorizes appropriations to the Secretary for such grant program for each of FY2010-FY2014.
(Sec. 208) Amends the Housing and Community Development Act of 1974 to revise the requirements for HUD community development grants by limiting the cost of any permit, license for construction, or installation of any solar energy systems that may be covered by such grants.
(Sec. 209) Requires the Secretary of HUD, in consultation with the Secretary, to issue regulations to: (1) prohibit any private contract, lease, or other agreement from impairing the ability of a residential property owner or lessee to install, construct, maintain, or use a solar energy system on that property; and (2) require that an application of approval for the installation or use of a solar energy system be treated in the same manner as an application for approval of an architectural modification.
Subtitle B: Lighting and Appliance Energy Efficiency Programs - (Sec. 211) Amends the EPCA to: (1) require each outdoor luminaire manufactured on or after January 1, 2016, to have an initial luminaire efficacy of at least 50 lumens per watt and be designed to use a light source with a lumen maintenance of at least 0.6; and (2) each outdoor luminaire manufactured on or after January 1, 2018, to have an initial luminaire efficacy of at least 70 lumens per watt and be designed to use a light source with a lumen maintenance of at least 0.6.
Requires each outdoor luminaire (except those used for roadway lighting applications) manufactured on or after January 1, 2016, to have the capability of producing at least two different light levels, including 100% and 60% of full lamp output as tested with the maximum rate lamp per UL1598 or the manufacturer's maximum specified for the luminaire under test. Requires the Secretary, no later than January 1, 2022, to issue a final rule amending such standards if technologically feasible and economically justified.
Requires each outdoor high light output lamp manufactured on or after January 1, 2017, to have a lighting efficiency of at least 45 lumens per watt.
Establishes test procedures for outdoor lighting.
Prohibits preemption of any state standard that is adopted on or before January 1, 2015, pursuant to a statutory requirement to adopt efficiency standards for reducing outdoor lighting energy use enacted prior to January 31, 2008.
Requires portable light fixtures manufactured on or after January 1, 2012, to meet specified energy efficiency requirements. Requires the Secretary to: (1) review such standards to determine if they are technologically feasible and economically justified; and (2) publish amended standards or a determination that no amended standards are justified by January 1, 2014.
Establishes technical requirements for art work light fixtures manufactured on or after January 1, 2012. Prohibits: (1) a GU-24 base lamp from being an incandescent lamps as defined by ANSI; and (2) GU-24 adaptors from adapting a GU-24 socket to any other line voltage socket. Establishes standards for certain incandescent reflector lamps that shall be effective on July 1, 2013.
Requires the Secretary to publish a final rule: (1) establishing standards for incandescent reflector lamps, which shall be effective on July 1, 2013; and (2) establishing and amending standards for reflector lamps, including incandescent reflector lamps, which shall be effective no sooner than three years after the final rule's publication.
(Sec. 212) Amends the EPCA to expand the list of covered products in the Energy Conservation Program for Consumer Products Other Than Automobiles to include bottle type water dispensers, commercial hot food holding cabinets, and portable electric spas.
Requires (1) bottle-type water dispensers designed for dispensing both hot and cold water to not have standby energy consumption greater than 1.2 kilowatt-hours; (2) commercial hot food holding cabinets with interior volumes of 8 cubic feet or greater to have a maximum idle energy rate of 40 watts per cubic foot of interior volume; and (3) portable electric spas to not have a normalized standby power greater than 5(V 2/3) watts where V equals the fill volume in gallons. Makes such standards effective on January 1, 2012. Requires the Secretary to review such standards to determine if they are technologically feasible and economically justified; and (2) publish amended standards or a determination that no amended standards are justified no later than January 1, 2016.
Establishes efficiency standards for commercial warm air furnaces with an input rating of 225,000 Btu per hour or more that are manufactured after January 1, 2011.
(Sec. 213) Amends the EPCA to: (1) revise the definition of "energy conservation standard" to include energy efficiency for certain covered equipment, water efficiency for certain covered equipment, and both energy and water efficiency for certain equipment; (2) allow the adoption of consensus and alternative test procedures for purposes of the Energy Conservation Program for Consumer Products Other Than Automobiles; (3) require the Secretary to prescribe a new test method for televisions; (4) expand the list of criteria for prescribing new or amended energy conservation standards, including requiring Energy Guide labels to include the carbon output of each covered product; (5) require manufacturers of covered products to submit annual reports and information to DOE regarding compliance, economic impact, annual shipments, facility energy and water use, and sales data that could support an assessment of the need for regional standards; and (6) require state and local building codes to use appliance efficiency requirements that are no less stringent than those set by federal standards.
(Sec. 214) Requires the Secretary to establish a Best-in-Class Appliances Deployment Program to: (1) provide bonus payments to retailers or distributors for sales of best-in-class high-efficiency household appliance models, installed building equipment, and consumer electronics; (2) provide bounties to retailers and manufacturers for the replacement, retirement, and recycling of old, inefficient, and environmentally harmful products; and (3) provide premium awards to manufacturers for developing and producing new Superefficient Best-in-Class Products. Requires the Secretary to: (1) designate product models of appliances, equipment, or electronics as Best-in-Class Product models; (2) review best-in-class standards annually; and (3) establish monitoring and verification protocols for energy consumption tests for each product model and for sales of energy-efficient models. Authorizes for each of FY2011-FY2013 for the Program.
(Sec. 215) Establishes within the EPA a WaterSense program to identify and promote water efficient products, buildings and landscapes, and services in order to: (1) reduce water use; (2) reduce the strain on water, wastewater, and stormwater infrastructure; (3) conserve energy used to pump, heat, transport, and treat water; and (4) preserve water resources through voluntary labeling of, or communications about, products, buildings and landscapes, and services that meet the highest water efficiency and performance standards. Establishes the EPA Administrator's duties for such program, including to establish performance standards so that products, buildings and landscapes, and services labeled with the WaterSense label perform as well or better than their less efficient counterparts. Authorizes appropriations.
(Sec. 216) Requires agency heads, subject to exemptions, to procure water consuming products or services that are WaterSense labeled or designated under the Federal Energy Management Program.
(Sec. 217) Directs EPA to allocate funding to a state, local, county or tribal government, wastewater or sewage utility, municipal water authority, energy utility water utility, or other specified nonprofit organization for programs that offer financial incentives for consumer purchase and installation of residential water efficient products and services. Authorizes appropriations for FY2010-FY2014.
(Sec. 218) Requires the EPA Administrator to establish a program to assist in the replacement of wood stoves or pellet stoves that do not meet specified standards of performance by: (1) requiring such stoves to meet specified performance standards; (2) requiring replaced stoves to be destroyed and recycled and prohibiting such stoves from being sold or returned into active service; (3) providing funds to eligible entities to replace stoves. Authorizes appropriations for FY2010-FY2014.
(Sec. 219) Requires the EPA Administrator and the Secretary to: (1) establish and implement a rating system for products identified as Energy Star products to provide consumers with the most helpful information on a product's energy efficiency, including cost effectiveness and the relative length of time for consumers to recover costs attributable to the energy efficient features of those products; (2) review and update the Energy Star product criteria for the ten product models in each product category with the greatest energy consumption every three years; and (3) require periodic verification of product compliance with such criteria.
Subtitle C: Transportation Efficiency - (Sec. 221) Amends the CAA to require the EPA Administrator, by December 31, 2010, to promulgate standards applicable to GHG emissions from new heavy-duty motor vehicles or engines, excluding such motor vehicles covered by the Tier II standards. Requires regulations issued applicable to emission of GHGs from new heavy-duty motor vehicles or engines to contain standards that reflect the greatest degree of emissions reduction achievable through the application of technology that is available, giving consideration to cost, energy, and safety factors associated with the application of such technology.
Requires the EPA Administrator to: (1) identify those classes or categories of new nonroad vehicles or engines that contribute significantly to the total GHG emissions from such vehicles and that provide the greatest potential for significant and cost-effective reduction of such emissions; and (2) promulgate standards applicable to GHG emissions from these engines or vehicles by December 31, 2012; and (3) promulgate standards applicable to GHG emissions for other classes and categories of vehicles and engines as the EPA Administrator determines appropriate. Requires such standards to achieve the greatest degree of emissions reduction achievable based on the application of technology that will be available at the time the standards take effect. Authorizes the EPA Administrator to establish provisions for averaging, banking, and trading GHG emissions credits within or across classes or categories of motor vehicles and motor vehicle engines, nonroad vehicles and engines, and aircraft and aircraft engines.
Requires the EPA Administrator to report to Congress on the projected amount of GHGs from the transportation sector for the years 2030 and 2050.
(Sec. 222) Amends the CAA to require the EPA Administrator to promulgate and update regulations to establish national transportation-related GHG emissions reduction goals, standardized models and methodologies for use in developing surface transportation-related GHG emissions reduction targets, and methods for collection of data on transportation related GHG emissions. Requires the EPA Administrator, jointly with the DOT Secretary, at least every six years after promulgating final regulations, to assess progress in reducing national transportation-related GHG emissions. Requires such assessment to examine the contribution to emission reductions attributable to improvements in vehicle efficiency, GHG performance of transportation fuels, increased efficiency in utilizing transportation systems, and the effects of local and state planning.
Requires each metropolitan planning organizations (MPO) and state to develop surface transportation-related GHG emission reduction targets, as well as strategies to meet such targets. Prohibits the Secretary from certifying compliance if an MPO or a state has failed to develop, submit, or publish its emission reduction targets and strategies.
(Sec. 223) Codifies provisions concerning EPA's existing SmartWay Transport Program to quantify, demonstrate, and promote the benefits of technologies, products, fuels, and operational strategies that reduce petroleum consumption, air pollution, and GHG emissions from the mobile source sector. Requires the EPA Administrator to establish a SmartWay Transport Freight Partnership program with shippers and carriers of goods to promote energy-efficient, low-GHG transportation, including requiring the EPA Administrator to certify the energy and GHG gas performance of participating freight carriers, including rail, trucking, marine, and other goods movement operations.
Requires the EPA Administrator to establish a SmartWay Financing Program to competitively award funding to enable eligible entities to: (1) use funds awarded to provide flexible loan and lease terms that increase approval rates or lower the costs of loans and leases; and (2) make such loans and leases available to entities for the purpose of adopting low-GHG technologies or strategies for the mobile source sector.
(Sec. 224) Amends the Energy Policy Act of 1992 to direct the Secretary to require that the guidance issued pursuant to the minimum federal fleet requirement applies to mandatory state fleet programs with respect to the types of alternative fueled vehicles required for compliance.
Subtitle D: Industrial Energy Efficiency Programs - (Sec. 241) Requires the Secretary to continue to support the development of the American National Standards Institute (ANSI) voluntary industrial plant energy efficiency certification program, pending International Standards Organization (ISO) consensus standard 50001, and other related ANSI/ISO standards. Requires DOE to undertake complementary activities through its Industry Technologies Program that support the voluntary implementation of such standards by manufacturing firms. Requires the Secretary to report to Congress on the status of standards development and plans for further standards development.
(Sec. 242) Requires the Secretary to establish a program to make monetary awards to encourage the owners and operators of new and existing electric energy generation facilities or thermal energy production facilities using fossil or nuclear fuel to use innovative means of recovering thermal energy that is a potentially useful byproduct of electric power generation or other processes to: (1) generate additional electric energy; or (2) make sales of thermal energy not used for electric generation, in the form of steam, hot water, chilled water, or desiccant regeneration, or for other commercially valid purposes. Requires awards to be given only for the use of innovative means that achieve net energy efficiency at the facility concerned that is significantly greater than the current standard technology in use at similar facilities.
(Sec. 243) Amends the EPCA to allow those who recover waster energy to elect to receive grants from the waste energy recovery incentive grant program. Authorizes appropriations.
(Sec. 244) Requires the Secretary to assess electric motors and the national motor market. Requires the Secretary to establish a proactive, national program targeted at motor end-users and delivered in cooperation with interested parties to increase awareness of: (1) the energy and cost-saving opportunities in commercial and industrial facilities using higher efficiency electric motors; (2) improvements in motor system procurement and management procedures in the selection of higher efficiency electric motors and motor-system components; and (3) criteria for making decisions for new, replacement, or repair motor and motor system components.
(Sec. 245) Amends the EPCA to require the Secretary to establish a program, no later than January 1, 2010, to provide rebates for expenditures made by entities: (1) for the purchase and installation of a new electric motor that has a nominal full load efficiency that is not less than the nominal load efficiency as defined in specified NEMA standards; and (2) to replace an installed motor of the entity the specifications of which are established by the Secretary within 90 days of enactment of this section. Authorizes appropriations for FY2011-FY2015.
(Sec. 246) Amends the National Institute of Standards and Technology Act to require the Secretary to establish a program for awarding grants to states to establish revolving loan funds to provide loans to small and medium-sized manufacturers to finance the cost of: (1) reequipping, expanding, or establishing a manufacturing facility in the United States to produce clean energy technology products, energy efficient products, or integral component parts of such technology or products; and (2) reducing the energy intensity or GHG production of a manufacturing facility. Requires loan recipients to: (1) give workers prevailing wage rates; and (2) report annually to the state and the Secretary on the impact of the loan. Authorizes appropriations for FY2010-FY2011.
(Sec. 247) Directs the Department of Commerce, under the Hollings Manufacturing Partnership Program, to include within the activities of the Hollings Manufacturing Extension Centers the establishment of a clean energy manufacturing supply chain initiative to: (1) support manufacturers in their identification of, and diversification to, new markets; (2) help manufacturers improve their competitiveness by reducing energy intensity and GHG production; (3) increase adoption and implementation of innovative manufacturing technologies; (4) coordinate and leverage expertise of the National Laboratories and Technology Centers and the Industrial Assessment Centers of DOE to meet the needs of the manufacturers; and (5) identify, assist, and certify manufacturers seeking loans from state technology programs.
Renames the Regional Centers for the Transfer of Manufacturing Technology as the Hollings Manufacturing Extension Centers.
Authorizes appropriations for FY2010-FY2014.
Subtitle E: Improvements in Energy Savings Performance Contracting - (Sec. 251) Revises provisions concerning energy savings performance contracts (ESPCs) for federal agencies by: (1) establishing competition requirements for specific ESPC task orders; (2) expanding the allowable types of energy transactions under ESPCs to include thermal forms of renewable energy; and (3) making on-site renewable energy production eligible for helping agencies meet renewable energy requirements.
Subtitle F: Public Institutions - (Sec. 261) Expands the list of institutional entities eligible for energy sustainability and efficiency grants and loans to include Indian tribes, not-for profit hospitals, or not-for-profit inpatient health care facilities. Increases the authorized amount of such grants and extends the authorization of appropriations for such grants through FY2015.
(Sec. 263) Amends the Energy Independence and Security Act of 2007 to expand the list of communities eligible for DOE's Energy Efficiency and Conservation Grant program to include small groups of adjacent, contiguous, or geographically proximate units of local government that reach agreement to act jointly.
(Sec. 264) Authorizes the Secretary to make grants to provide financing to businesses and projects that: (1) improve energy efficiency; (2) identify and develop alternative, renewable, and distributed energy supplies; (3) provide technical assistance and promote job and business opportunities for low-income residents; and (4) increase energy conservation in low income rural and urban communities. Authorizes appropriations for FY2010-FY2015.
(Sec. 265) Authorizes the Secretary to establish a research program to: (1) identify the factors affecting consumer actions to conserve energy and make improvements in energy efficiency; and (2) make grants to institutions of higher education to study the effects of consumer behavior on total energy use, the potential energy savings from changes in consumption habits, the ability to reduce GHG emissions through changes in energy consumption habits, increasing public awareness of federal climate adaptation and mitigation programs, and the potential for alterations in consumer behavior to further American energy independence.
Subtitle G: Miscellaneous - (Sec. 271) Amends the National Energy Conservation Policy Act to repeal the current energy performance requirement for federal buildings and to require each federal agency, in collaboration with the Office of Management and Budget (OMB), to create an implementation strategy for the purchase and use of energy efficient information and communications technologies and practices. Requires OMB to report to Congress on each agency's reduction of energy use through its implementation strategy and on new and emerging technologies that would help achieve increased energy efficiency.
(Sec. 272) Declares that U.S. energy efficiency goals are to: (1) achieve an improvement in the overall energy productivity of the United States of at least 2.5% per year b