Summary: H.R.5735 — 101st Congress (1989-1990)All Information (Except Text)

There is one summary for H.R.5735. Bill summaries are authored by CRS.

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Introduced in House (09/27/1990)

Comprehensive Energy Self-Sufficiency Act of 1990 - Declares it the policy of the United States to encourage cost effective energy conservation and to facilitate research and development of domestic energy resources.

Title I: Conservation and Energy Efficiency - Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to provide that the permissible State-regulated electric utility charges shall be such that a utility's return on energy investments is commensurate with returns earned on other utility investments of similar risk.

Requires the Secretary of Energy to report to the President and the Congress regarding specified effects of least-cost energy planning upon electric utility rates. Requires the Tennessee Valley Authority to use least cost planning in its decision-making regarding increased electric power demand.

Amends the National Enregy Conservation Policy Act (NECPA) to set a deadline by which each Federal agency must: (1) install energy conservation measures in Federal buildings with a specified payback period; (2) submit a list of projects to the Secretary which meets such payback criterion and which indicates total energy and cost savings involved; and (3) have substantially completed at least 25 percent of such projects or as many as would account for 25 percent of total energy savings. Directs the Secretary to develop guidelines for the selection of energy service contractors.

Directs the Secretary to provide financial assistance to support a voluntary, national window rating program to develop a window energy ratings and labels. Directs the Federal Trade Commission to prescribe labeling rules for windows and window systems.

Authorizes approriations.

Amends NECPA to direct the Secretary to: (1) promulgate procedural guidelines enabling the States to assign energy efficiency ratings to residential buildings; and (2) establish a technical assistance program to State and local governments adopting energy efficiency rating systems or building codes.

Amends the Internal Revenue Code to exclude from gross income: (1) the value of any subsidy provided by a public utility to a customer for the purchase or installation of any energy or water conservation measures; and (2) the value of any qualified transportation benefit provided by an employer. Restores the tax credit for residential energy conservation expenditures where heating oil is the primary source of heating.

Title II: Renewable Energy Sources - Amends the Federal Power Act to prohibit the issuance of licenses for certain hydroelectric project works to anyone but the owner.

Amends PURPA and the Federal Power Act to remove the size limitations placed upon hydroelectric generating facilities eligible for PURPA regulatory benefits.

Amends the Internal Revnue Code to extend: (1) the time during which credit will be granted for producing fuel from nonconventional source; (2) excise tax rate reductions will apply to alcohol fuel mixtures; (3) credit will be applied for alcohol used as fuel.

Title III: Electric Power - Competitive Wholesale Electric Generation Act of 1990 - Authorizes public utility holding companies that are exempt from the provisions of the Public Utility Holding Company Act of 1935 to acquire business interests in generators used exclusively for selling electric energy at wholesale (exempts wholesale generators).

Declares that the ownership of exempt wholesale generators shall not result in the owner's being considered as primarily engaged in the sale or generation of electric power under the Federal Power Act. Preserves the ratemaking authority of the States.

Amends the Federal Power Act to direct the Federal Energy Regulatory Commission (FERC), before approving rates agreed to between a public utility and a wholesale seller, to require the purchasing utility to certify that the rate conforms with least-costing planning schemes.

Defines circumstances under which electric energy charges by a public utility exempt wholesale generator will be considered unjust and unreasonable.

Authorizes appropriations for electronic switching research. Directs the Secretary of Energy to report to the Congress on legislative and regulatory reforms and incentives for more reliable electric transmission transfer capability within the reliability councils comprising the North American Electric Reliability Council.

Title IV: Natural Gas - Directs FERC to: (1) issue regulations to expedite pipeline certifications; and (2) report to certain congressional committees on recommended reforms to facilitate increased deliverability of natural gas to consumers.

Amends the Mineral Leasing Act to repeal the current 60-day waiting period requirement after notification of certain congressional committees before certain pipeline rights-of-way may be granted.

Title V: Oil -Subtitle A: Use of MMT in Unleaded Gasoline - Directs the Administrator of the Environmental Protection Agency to approve the use of methylcyclopentadienyl manganese tricarbonyl (MMT) in unleaded gasoline.

Subtitle B: Tax Incentives for Oil and Natural Gas Exploration and Production - Part I: National Energy Security Tax Credits - Amends the Internal Revenue Code (IRC) to establish a crude oil and natural gas exploration and development tax credit. Allows a 20 percent credit for qualified investments.

Establishes a marginal production income tax credit for producers who maintain economically unproductive oil wells. Applies the credit to domestic crude that is: (1) from stripper well property; (2) heavy oil; (3) oil recovered through a tertiary recovery method; or (4) harsh environment oil (produced from Arctic areas in submerged lands). Fixes the credit at 20 percent of the qualified cost (determined in accordance with a formula set forth in this Act) of each barrel produced by the producer during the taxable year.

Part II: Additional Exploration and Production Incentives - Amends the IRC to treat certain geological and geophysical costs and surface casing costs as intangible drilling and development costs that a taxpayer may elect to capitalize or to deduct for income tax purposes.

Precludes a percentage depletion income tax deduction for proven oil and gas wells from application of the net income limitation percentage depletion.

Increases from 65 percent to 100 percent the taxable income limitation on the percentage depletion deduction for oil and gas property. Affirms natural gas found in tight sands formations as a qualified fuel with respect to the credit, without exceptions. Defines "tar sands" for purposes of such credit.

Part III: Amendments to the Alternative Minimum Tax - Repeals provisions that identify intangible drilling costs as a tax preference item for purposes of determining alternative minimum tax liability and corporate preference reductions.

Part IV: Miscellaneous Tax and Administrative Amendments - Declares Revenue Ruling 77-176 (and other rulings that reach similar results) to be inapplicable with respect to the income tax treatment of mineral sharing arrangements. (The Revenue Ruling address situations in which a driller receives from a lessee an operating interest in oil and gas property as consideration for drilling a well on the leased tract.)

Revises provisions governing the time when economic performance occurs for the purpose of income tax deductions or credits in connection with removal of offshore oil or gas production facilities.

Specifies expressly the types of oil and gas exploration and development costs that are exempt from the required application of uniform cost capitalization rules.

Subtitle C: Recovery Depletion Allowance; Research and Development Credit - Amends the Internal Revenue Code to set a depletion allowance of 27.5 percent in connection with domestic oil and natural gas recovered through enhanced recovery techniques. Reduces this percentage (but not below 15 percent) as the average annual removal price during the calendar year exceeds $30 (indexed for inflation). Terminates this provision with respect to production after 2009.

Increases from 50 percent to 100 percent the net income limitation on percentage depletion in connection with incremental tertiary oil or natural gas.

Permits a ten percent income tax credit for research to discover or improve tertiary recovery methods for domestic crude oil or natural gas.

Subtitle D: Arctic National Wildlife Refuge - Directs the Secretary of the Interior to implement a competitive oil and gas leasing program for the Coastal Plain of the Arctic National Wildlife Refuge.

States that this subtitle shall be considered the primary land management authorization for all exploration and production activities on the Coastal Plain. Provides that no land management review shall be required except as management specifically authorized by this subtitle. Mandates that all receipts from sales, rentals, bonuses, and royalties on leases under this subtitle be deposited into the Treasury.

Directs the Secretary to promulgate regulations to ensure that oil and gas exploration and transportation activities are conducted to achieve the reasonable protection of animals and environmental resources (including subsistence uses of the Coastal Plain). States that the "Arctic National Wildlife Refuge, Alaska, Coastal Plain Resource Assessment," prepared by the Secretary, satisfies all legal requirements for such promulgation and that no further studies or assessments shall be required.

Directs the Secretary to provide impact aid and other assistance to communities on the North Slope and elsewhere in Alaska in order to ensure the public services needed to accommodate oil and gas production and transportation activities on the Coastal Plain.

Title VI: Coal - Directs the Secretary of Energy to establish research and demonstration goals for the timely development of: (1) coal production, transportation, and use technologies; and (2) cost-effective advanced coal-based technologies to be available for widespread commercial use after the year 2010, and which can control sulfur and nitrogen oxides at greater proficiency levels than are currently available; and (3) cost-effective energy production systems which use coal and achieve greater efficiency in the conversion of coal to useful energy.

Requires the Secretary to submit an assessment to the Congress of the commercial development potential of technologies for non-fuel use of coal.

Amends the Internal Revenue Code to restore investment credits for pollution devices required by the Clean Air Act Amendments of 1990.

Title VII: Nuclear - Nuclear Standardization and Safety Reform Act of 1990 - Subtitle A: Standardization and Licensing - Amends the Atomic Energy Act of 1954 to direct the Nuclear Regulatory Commission to establish procedures for the preapproval of a limited number of standardized facility designs for production or utilization facilities for a ten-year period.

Authorizes the Commission to design approval requests for any major subsystem that represents discrete elements of a production or utilization facility. Requires the Agency to specify by regulation the criteria and requirements for any subsystem approval. States that a design approval shall be considered to be a license. Sets forth guidelines for the issuance of a design approval, including ten-year renewal terms.

Authorizes the Director to issue a site approval permit for a ten-year period even if an application for a construction permit or operating license has not been filed. Outlines the site approval procedure and the procedures for facility construction permits and operating licenses.

Subtitle B: Conforming Amendments - Makes conforming Amendments to the Act.

Subtitle C: Amendments of PUHCA - Amends the Public Utility Holding Company Act of 1935 to allow the Securities and Exchange Commission (SEC) to grant exempt status to certain public utility holding companies which would otherwise meet specified criteria but for their control of utility assets pursuant to a management agreement approved by the Nuclear Regulatory Commission (NRC).

Permits the acquisition of public utility assets or securities without SEC approval if the acquiring public utility controls assets pursuant to a management agreement approved by the NRC.

Subtitle D: Effective Date - Sets forth the effective date of this title.

Title VIII: National Energy Strategy Implementation - Amends the Department of Energy Organization Act to direct the President to submit a proposed National Energy Policy Plan to the Congress by a specified deadlilne. Amends the Department of Energy Act to revise procedural guidelines for congressional consideration of an implementing bill for such Plan.

Title IX: Impact of Federal Actions on Energy Security - Mandates that all Federal agencies shall: (1) develop measures to ensure that energy security concerns are given appropriate consideration in decisionmaking; and (2) include in their legislative proposals a detailed statement regarding the impact of such proposals upon energy production, transportation, or use, and alternatives to the proposed action.

Title X: Outer Continental Shelf - Subtitle A: Revised Outer Continental Shelf Leasing Program - Requires the Secretary of the Interior to submit to the Congress a revised Outer Continental Shelf leasing program which includes plans for the expeditious development of oil and gas resources consistent with environmental safeguards.

Subtitle B: Revenue Sharing - Outer Continental Shelf Revenue Sharing Act of 1990 - Establishes the Outer Continental Shelf Revenue Sharing Fund. Requires the Secretary of the Treasury to: (1) pay specified amounts into the Fund; and (2) provide each coastal State with an Outer Continental Shelf revenue sharing block grant. Requires a recipient coastal State to submit an assessment of the expenditure of funds provided by the block grants.