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Introduced in House (08/04/1989)

National Energy Policy Act of 1989 - Establishes as national goals: (1) that the amount of carbon dioxide in the atmosphere be reduced from 1988 levels by at least 20 percent by the year 2000 through a mix of Federal and State energy policies; and (2) the establishment of an international global agreement on the atmosphere by 1992.

Title I: National Energy Plan - Requires the Secretary of Energy (the Secretary) to transmit to the Congress a "least cost national energy plan" with forecasts, priorities, inventories, and targets for meeting such national goals. Sets forth the plan's contents. Mandates revision and resubmission of the Plan to the Congress every two years.

Title II: Office of Climate Protection - Establishes the Office of Climate Protection which shall be responsible for: (1) participation by the Department of Energy in various domestic and international agencies involved in global climate change analysis; and (2) the monitoring of U.S. energy policies for atmospheric and global warming effects, with annual reports on such effects.

Title III: Energy Efficiency - Subtitle A - Directs the Secretary to: (1) assign a high priority to energy efficiency in departmental programs, buildings, and equipment; and (2) submit to the Congress evaluation reports regarding the policy options necessary to produce a two to four percent annual decrease in the energy use per unit of gross national product through the year 2005.

Mandates that the President's budget requests for FY 1991 through 1993 include the Secretary's recommendations of amounts to be set aside for innovative energy efficiency research and development. Authorizes appropriations for energy efficiency research and development programs for FY 1991 through 1993.

Requires the Secretary to issue a general request for proposals dealing with energy efficiency technologies. Sets forth guidelines for Federal financial assistance for such proposals. Authorizes appropriations.

Directs the Secretary to establish and provide financial assistance to joint research and development ventures with specialized private firms and investors in order to establish at least five regional centers for energy-intensive industries. Requires such industries to conduct research and development on common industrial processes to improve energy efficiency and reduce production and emission of carbon dioxide and trace gases into the atmosphere. Authorizes appropriations for such centers and requires the industries for which the centers are established to contribute matching funds starting in 1992.

Directs the Secretary to establish a Federal Energy Analysis Team to analyze and make recommendations regarding energy efficiency and the use of renewable energy in Federal buildings. Sets guidelines for the Federal building energy conservation program to be implemented by the Secretary and Federal agencies.

Amends the National Energy Conservation Policy Act to repeal the prohibition against the supply or installation by a public utility of a residential energy conservation measure for residential customers.

Requires the Secretary to promulgate guidelines for regulations to be formulated and implemented by State governments requiring the assignment of an energy efficiency rating to residential buildings.

Directs the Secretary to establish a technical and managerial support program for State and local governments adopting energy efficiency rating systems or building codes.

Adds incandescent and fluorescent lamps to the list of covered consumer products to which energy efficiency standards apply. Requires the Secretary to: (1) prescribe energy conservation standards and test procedures for such projects by January 1, 1990; and (2) establish energy efficiency labels for windows.

Subtitle B - Amends the Public Utility Regulatory Policies Act of 1978 to direct the State regulatory authorities, nonregulated electric utilities, and nonregulated gas utilities to hold public hearings regarding the implementation of Federal standards concerning utility rates based upon least cost investment. Directs the Federal Energy Regulatory Commission (FERC) to prescribe rules encouraging the achievement of qualifying conservation. Mandates that such rules: (1) require that electric utilities offer to purchase qualifying conservation from qualifying cogeneration or small power production facilities; and (2) provide for the verification of conservation achievement. Prescribes rate guidelines for such electric utilities purchases.

Title IV: Energy Research and Development Priorities - Directs the Secretary to establish priorities for energy research and development programs using prescribed criteria.

Title V: State Energy Conservation Program - Amends the Energy Policy and Conservation Act to mandate that State energy conservation programs which receive Federal assistance include as a goal reduction of ten percent or more in the total amount of energy consumed in such State in the year 2000 from the projected energy consumption for such State in that year.

Adds to Federal assistance eligibility prerequisites for proposed State energy conservation plans, including an emergency planning program for energy supply disruption. Repeals the National Energy Extension Service Act. Cites optional State energy conservation programs.

Repeals the mandate for supplemental State energy conservation plans.

Authorizes appropriations for energy conservation programs for FY 1991 through 1993.

Establishes a State Energy Advisory Board to: (1) recommend and advise on the programs under this Act; (2) serve as liaison between the States and the Department of Energy on energy efficiency; and (3) report annually to the Secretary and the Congress on the status of State energy conservation programs.

Authorizes the use of loan programs and performance contracting for the non-Federal share of energy conservation project costs under the grant program.

Amends the Energy Conservation and Production Act regarding limitations upon Federal weatherization assistance for low-income persons.

Lists conditions under which the Secretary is authorized to approve a State application for a waiver of: (1) the requirement that at least 40 percent of Federal weatherization assistance be used for weatherization materials; and (2) the limitations placed upon expenditures per dwelling unit for weatherization measures.

Title VI: Renewable Energy - Subtitle A - Solar Development Initiative Act of 1989 - Directs the Secretary of Energy to develop a complementary solar and renewable energy research program which: (1) has near-term commercial applications; and (2) enhances the international competitiveness of the solar and renewable energy industries. Requires the Secretary to include funding for such program in the FY 1991 budget.

Directs the Secretary of Energy to establish an information dissemination program for Federal procurement and loan officers regarding the application of solar heating and cooling technology in Federal buildings.

Declares that it is the sense of the Congress that the renewable energy technologies programs established by the Secretary of Commerce should be funded in FY 1991 through 1993 through the Department of Energy at a specified minimum level.

Amends the Caribbean Basin Economic Recovery Act to direct the President to take into account, when determining whether to designate a beneficiary country, the degree to which it undertakes self-help measures to promote energy self-sufficiency using locally available renewable energy resources.

Mandates that the design for new Federal facilities for specified agencies include consideration of energy systems using solar energy or other renewable energy forms.

Amends the Export-Import Bank Act of 1945 to mandate that a specified minimum percentage of loan authority be available only for solar and renewable energy loans.

Amends the Foreign Assistance Act of 1961 to authorize the Overseas Private Investment Corporation to include among its special projects incentives, grants, and studies for renewable energy and other small business activities. Prohibits the use of administrative funds for such projects.

Amends the Small Business Act to: (1) repeal provisions regarding loans to small business concerns for solar energy and energy conservation measures; (2) mandate that a certain percentage of loan authority be used only for small business energy measures; and (3) direct the Administrator of the Small Business Administration to give due consideration to the export potential of solar and renewable energy loan guarantees in an annual report to the Congress.

Subtitle B - Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 - Sets forth specified national goals for the current wind, photovoltaics, and solar thermal energy programs.

Requires the President's budget requests for FY 1991 to contain the recommendations of the Secretary of Energy for specified Department of Energy research and development programs for 1995, including biofuels energy systems, solar buildings energy systems, ocean energy systems, and geothermal energy. Authorizes appropriations for FY 1991 through 1993 for: (1) the wind energy research program; (2) the photovoltaic energy systems program; (3) the solar thermal energy systems program; (4) the biofuels energy systems program; (5) the solar buildings energy systems program; (6) the ocean energy systems program; and (7) the geothermal program.

Requires the Secretary to submit an options analysis to the Congress regarding the accelerated commercialization of specified renewable energy technologies.

Directs the Secretary to establish joint research and development ventures in specified energy technologies, and to report to the Congress on the implementation of such plans. Directs the Secretary to establish the following advisory bodies: (1) Advisory Committee on Renewable Energy and Energy Efficiency Technology; (2) Advisory Subcommittee on Photovoltaic Energy Technology; (3) Advisory Subcommittee on Wind Energy Technology; (4) Advisory Subcommittee on Solar Thermal Energy Technology; (5) Advisory Subcommittee on Energy Performance in Factory-Made Housing; (6) Advisory Subcommittee on Advanced District Cooling Technology; and (7) Advisory Subcommittee on Renewable Energy and Energy Efficiency Technology Exports. Authorizes appropriations for FY 1991 through 1993 for such joint ventures.

Requires the Committee on Renewable Energy, Commerce and Trade to promote renewable energy technology exports. Authorizes appropriations for such Committee activities for FY 1991 through 1993.

Requires the Secretary to make annual reports to the Congress regarding the research programs and ventures under this Act. Requires each annual submission of the National Energy Policy Plan to be accompanied by a three-year strategic plan for energy technology research, development, and demonstration, including energy conservation and renewable energy technologies.

Subtitle C - Directs the Secretary of Energy to implement a research program regarding: (1) fuel cell use of methane gas generated from biomass forms; (2) technologies using renewable energy sources (such as wind and solar energy) to produce hydrogen for fuel cell use; and (3) fuel cell technology for electric power production as backup spinning reserve components to renewable power systems in rural and isolated areas.

Authorizes the Secretary to make grants to, and enter into contracts with, private research laboratories. Requires the Secretary to report to the Congress regarding the fuel cell research program.

Authorizes appropriations for FY 1991.

Amends the Energy Policy and Conservation Act to include industries using fuel cell technology under the Renewable Energy Industry Development Act.

Directs the Administrator of the Environmental Protection Agency to prepare Federal guidelines, within 180 days after enactment of this Act, for cities and municipalities specifying environmental and safety standards for use of fuel cell technology.

Directs the Secretary of Commerce, within the same period of time, to report to the Congress an assessment of the export market potential for integrated systems of fuel cells with renewable power technologies.

Subtitle D - Hydrogen Research and Development Act - Directs the Secretary of Energy to prepare and submit to specified congressional committees a comprehensive five-year program management plan for a research and development program designed to permit the development of a domestic hydrogen fuel production capability within the shortest practicable time. Requires the Secretary to send the Congress annual plan descriptions, including any necessary plan modifications.

Directs the Secretary to establish such program within the Department of Energy. Requires that the areas to be addressed in such program include production, liquefaction, transmission, distribution, storage, and utilization. Requires priority to be given to production techniques that use renewable energy sources as their primary energy sources.

Directs the Secretary to conduct demonstrations to evaluate technical and nontechnical parameters to determine commercial applicability of hydrogen technology and to prepare a comprehensive large-scale hydrogen demonstration technology plan.

Requires the Secretary to prepare a comprehensive technology application plan which shall include: (1) the potential applications for the use of hydrogen; (2) technical market and economic readiness assessments for such potential applications; (3) an assessment of Government actions needed to develop such application; and (4) an analysis of the impact of such applications on domestic energy supplies.

Requires the Secretary to consult with other Federal agencies and departments in carrying out this program.

Requires the establishment of a Hydrogen Technical Advisory Panel of the Energy Research Advisory Board to advise the Secretary on the conduct of the hydrogen program. Requires the Panel to submit an annual report on the program to the Energy Research Advisory Board, which shall subsequently report to the Secretary.

Authorizes appropriations to carry out this title for FY 1991 through 1996.

Directs the Administrator of the National Aeronautics and Space Administration (NASA) to prepare and submit to specified congressional committees a comprehensive five-year program management plan for a research and development program for the development of a domestic hydrogen-fueled aircraft capability within the shortest practicable time. Requires the Administrator to transmit to the Congress an annual plan description, including any necessary modifications with respect to the plan.

Requires the Administrator to establish such program within NASA and to prepare and transmit to the Congress a comprehensive flight demonstration plan which shall confirm the technical feasibility, economic viability, and safety of liquid hydrogen as a fuel for commercial transport aircraft.

Provides that the research and development program under this title shall include, at a minimum, the development of the systems associated with the production, transportation, storage, and handling of liquid hydrogen for commercial aircraft application.

Provides that the Administrator shall consult with other Federal agencies and departments in carrying out the program.

Establishes a Hydrogen-Fueled Aircraft Advisory Committee to advise the Administrator on the programs established by this title. Requires the Committee to report annually to the Administrator on its activities and on the status of such programs.

Authorizes appropriations to carry out this title for FY 1992 through 1996.

Title VII: Advanced Civilian Reactor Programs - Directs the Secretary to implement, according to certain guidelines, a research, development, and demonstration program for the generation of commercial electric power from nuclear fission. Authorizes appropriations for FY 1992 through 1994.

Requires the Secretary to submit an annual comprehensive report to the Congress regarding the progress of reactor designs which meet the guidelines set out for such demonstration program.

Title VIII: Fusion - Requires the Secretary to report to the Congress regarding international collaboration in research, development, and demonstration in technology for the production of electricity from magnetic and inertial confinement fusion.

Title IX: Coal - Requires the Secretary, within nine months after the date of enactment of this Act, to provide the Congress with a comprehensive review of clean coal technologies to be developed in federally funded projects under the Department of Energy's Clean Coal Technology Program. Directs the Secretary to establish and implement: (1) research and development programs demonstrating techniques for carbon dioxide recovery and disposal from motor vehicles, electric utility power operations, and industrial manufacturing processes; and (2) a comprehensive program in the fundamental physics and chemistry of coal combustion. Directs the Secretary to support research to improve the efficiency of coal-generated electricity and industrial processes, giving priority to those projects with the greatest potential for reducing the generation of carbon dioxide. Authorizes appropriations for FY 1991 through 1993.

Title X: Natural Gas - Directs the Secretary to enter into cooperative agreements with and to provide financial assistance to municipal governments to demonstrate the feasibility of using natural gas as a fuel for urban area mass transit. Sets as a prerequisite to such agreements that the participating municipal government provide at least 25 percent of the demonstration costs. Authorizes appropriations for FY 1991 through 1993.

Requires the Secretary to submit a feasibility report to the Congress within nine months after the date of enactment of this Act pertaining to the use of natural gas in diesel-powered vehicles to facilitate compliance with emissions requirements. Directs the Secretary to implement a program promoting the development and commercialization of natural gas use in motor vehicle fleets by providing for the purchase and construction of alternative fuel vehicles and associated refueling equipment. Authorizes appropriations for FY 1991 through 1993. Directs the Secretary to implement a technician training program to convert conventional fuel vehicles to natural gas. Authorizes appropriations for FY 1991 through 1993. Directs the Secretary to enter into cooperative financial assistance agreements with the Gas Research Institute to perform research and development to improve natural gas vehicle technology. Directs the Secretary to implement a research, development, and demonstration program (including joint research and development ventures) on nonconventional natural gas recovery techniques, as well as improved techniques for recovering gas from discovered reservoirs.

Directs the Secretary to enter into cooperative agreements with, and provide financial assistance to, certain parties to construct and demonstrate high efficiency heat engines. Authorizes appropriations. Requires the Secretary to transmit a biennially updated research and priorities list to certain congressional committees.

Title XI: Natural Resource Policy - Subtitle A: General - Directs the Secretary of the Interior to conduct a study of the ecological and environmental resources that would be affected by a global climate change. Directs such Secretary and the Secretary of Agriculture to consider the relative impact on global warming of all Federal forest land management programs, including timber sales and reforestation.

Directs the Secretary of Agriculture, in cooperation with the Secretary of the Interior, to report to the President and the Congress on the feasibility of a national forestation initiative. Requires the Secretary of Energy to submit to the Congress a study regarding the potential for reducing carbon dioxide emissions through targeted urban tree plantings designed to reduce air conditioning needs in buildings.

Subtitle B: Tongass Timber Reform Act - Amends the Alaska National Interest Lands Conservation Act to repeal the ongoing appropriations for timber utilization in the Tongass National Forest, Alaska.

Repeals the requirement for identifying lands unsuitable for timber production in such Forest.

Repeals the reporting requirement on the adequacy of the timber supply from Forest lands.

Requires the biennial report on such Forest to include the impact of timber management on subsistence resources, wildlife, fisheries habitats, biological diversity, the old growth rain forest ecosystem, and other specified items.

Requires the southeast Alaska commercial fishing industry to be included, for cooperation and consultation, in a study of the Forest timber supply and demand.

Directs the Secretary of Agriculture to terminate specified long-term timber sale contracts, and to revise the Tongass National Forest Land Management Plan of 1979 in a manner that fully protects long-term environmental and recreational concerns. Requires the Secretary to report to certain congressional committees regarding the status of such Forest Plan revision schedule. Imposes a moratorium on timber sales and harvest until the Forest Plan is completely revised and ready for implementation.

Title XII: Basic Science Initiatives - Authorizes appropriations for FY 1991 through 1993 to specified Federal agencies to conduct certain climatological and ecological research.

Title XIII: Development Assistance - Directs the Secretary of State, in conjunction with the Administrator of the Agency for International Development and other specified officials, to report to the Congress on the status of forest resources in tropical countries, including a forest plan with goals for each tropical country. Requires the Administrator to: (1) ensure that all financial support activities supported by U.S. bilateral foreign assistance are consistent with such plan; and (2) take into account each country's measure of success in meeting plan goals when allocating development assistance monies.

Prescribes guidelines under which the Secretaries of State and of the Treasury are directed to promote multilateral tropical forestry programs and to report to the Congress regarding the progress made by each of the multilateral development banks, the United Nations Food and Agriculture Program, the United Nations Development Program, and the International Tropical Timber Organization.

Directs the Secretary of Commerce to promulgate regulations within one year after the date of enactment of this Act requiring wood and products containing imported wood to bear a label disclosing the names of such wood and the countries of origin. Requires such Secretary to promulgate regulations prohibiting the importation of wood and wood products containing wood from: (1) tropical forest countries that have not achieved the forest plan goals; (2) countries that import wood or products containing wood harvested in tropical countries that have not achieved forest plan goals; and (3) countries that permit transit of wood or products containing wood harvested in tropical countries that have not achieved forest plan goals. Requires the Secretary to report annually to the Congress on the status of import controls with respect to tropical forest countries that have not achieved the forest plan goals.

Amends the Foreign Assistance Act of 1961 to authorize the President to assist developing countries with research and development programs aimed at energy efficiency and energy transmission facilities in rural areas. Prohibits assistance for large-scale production of energy from fossil fuels. Prescribes guidelines under which the President is directed to provide support to aid-receiving countries with emphasis upon end use energy efficiency, least-cost energy planning, and energy conservation. Requires the President to report annually to the Congress regarding the bilateral energy program, including the progress made in reducing greenhouse gas emission.

Directs the Secretary of the Treasury to instruct the U.S. Executive Director of each multilateral development bank to: (1) vigorously promote the adoption by each bank of an energy conservation and efficiency program containing specified components; and (2) oppose, except in certain instances, financial or technical assistance to any borrowing country if a least-cost energy plan prioritizing energy conservation, end use energy efficiency, and renewable energy sources is not in place.

Directs the Secretary of State to instruct the Ambassador to the United Nations to: (1) vigorously encourage the United Nations Development Program implementing energy conservation and efficiency programs for recipient countries; and (2) oppose the adoption of country programs for any country for which a least-cost energy planning program giving priority to energy conservation, end use energy efficiency, and renewable energy sources is not in place.

Requires the Secretary of the Treasury and the Secretary of State to report annually to the Congress regarding the progress of the multilateral development banks and the United Nations Development Program in implementing energy conservation measures.

Authorizes the Secretary of the Treasury to modify the loan terms on up to one-half of the sovereign debt owed the United States by developing countries as a condition of adopting forest and energy conservation programs. Directs the Secretary to promulgate regulations implementing such environmental conservation and debt reduction program within one year after the enactment of this Act. Directs the Secretary to encourage the adoption of joint initiatives of debt reduction and conversion by the public and private sectors in member countries of the Organization for Economic Cooperation and Development. Directs the Administrator of the Agency for International Development to report biennially to the Congress regarding the status of energy conservation and efficiency for each country receiving Federal development assistance monies.

Directs the Secretary of the Treasury to: (1) instruct the U.S. Executive Director to notify the staff of each multilateral development bank that future Federal contributions will be conditioned upon the successful implementation of a specified energy efficiency program; and (2) report annually to the Congress on the progress made by each multilateral development bank in implementing the energy efficiency program.

Requires the Administrator of the Agency for International Development to report to the Congress regarding the options and strategies for the use of bilateral and multilateral development assistance programs sponsored by the United States to control emissions of certain greenhouse gases into the atmosphere.

Title XIV: International Activities - Declares that it is the policy of the United States that the Secretary of State shall convene an international meeting in the United States by the end of 1992 to adopt a global climate protection convention with measures at least as stringent as those in this Act. Sets forth a percentage reduction schedule for emissions of specified gases.

Directs the Secretary of State to: (1) initiate negotiations for the adoption of a binding multilateral agreement requiring specified reductions of nitrogen oxide emissions by 1998; (2) request and, if necessary, convene the parties to the Montreal protocol on substances that deplete the ozone layer for possible control measures reassessment; and (3) convene an international meeting to exchange information regarding nuclear safety issues, including nuclear waste disposal.

Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of multilateral development banks to promote lending policies which emphasize specified aspects of energy conservation, renewable energy sources, including measures for international energy cooperation, and world population reduction.

Directs the Administrator of the Agency for International Development to take specified measures concerning: (1) biological diversity conservation; (2) renewable energy resources and conservation; (3) assistance to developing countries in the use of agricultural and industrial chemicals; and (4) a report to the Congress on Agency practices regarding the overseas use of renewable energy technologies.

Declares U.S. policy with respect to domestic and international efforts to deal with the greenhouse effect.

Requests the President to take steps to establish a long-term study of the greenhouse effect, beginning with a one-year cooperative international research program started during or before 1991. Names the year of such program the International Year of the Greenhouse Effect.

Title XV: Moderating World Population Growth - Authorizes appropriations for FY 1991 through 1993 for international population and family planning assistance. Prohibits the use of such funds for: (1) involuntary sterilization; (2) abortion; or (3) the coercion of any person to accept family planning services.