H.R.776 - Energy Policy Act of 1992102nd Congress (1991-1992)
|Sponsor:||Rep. Sharp, Philip R. [D-IN-2] (Introduced 02/04/1991)|
|Committees:||House - Energy and Commerce; Foreign Affairs; Government Operations; Judiciary; Interior and Insular Affairs; Merchant Marine and Fisheries; Public Works and Transportation; Science, Space and Technology; Ways and Means; Agriculture | Senate - Finance|
|Committee Reports:||H.Rept 102-474 Part 1; H.Rept 102-474 Part 2; H.Rept 102-474 Part 3; H.Rept 102-474 Part 4; H.Rept 102-474 Part 5; H.Rept 102-474 Part 6; H.Rept 102-474 Part 7; H.Rept 102-474 Part 8; H.Rept 102-474 Part 9; H.Rept 102-1018 Part 1|
|Latest Action:||10/24/1992 Became Public Law No: 102-486. (All Actions)|
|Major Recorded Votes:||10/05/1992 : Resolving Differences; 07/30/1992 : Passed Senate; 05/27/1992 : Passed House|
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Summary: H.R.776 — 102nd Congress (1991-1992)All Bill Information (Except Text)
Conference report filed in House (10/05/1992)
Energy Policy Act of 1992 - Title I: Energy Efficiency - Subtitle A: Buildings - Amends the Energy Conservation and Production Act to set a deadline by which each State must certify to the Secretary of Energy (the Secretary) whether its energy efficiency standards with respect to residential and commercial building codes meet or exceed those of the Council of American Building Officials (CABO) Model Energy Code, 1992, and of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, respectively.
Requires the Secretary to provide technical assistance and incentive funding to the States to promote increased use of energy efficiency codes for buildings. Authorizes appropriations.
Directs the Secretary to: (1) establish standards that require energy efficiency measures that are technologically feasible and economically justified in new Federal buildings; and (2) review them every five years. Mandates Federal agency compliance with such standards. Prescribes guidelines under which the Secretary shall support the upgrading of voluntary building energy codes for new residential and commercial buildings.
Amends the Cranston-Gonzalez National Affordable Housing Act to require the Secretary of Housing and Urban Development (HUD), and the Secretary of Agriculture to jointly establish energy efficiency standards for residential housing. (Currently only the Secretary of HUD is required to do so). Amends Federal law regarding veterans' readjustment benefits to condition a loan for new residential housing upon compliance with such standards.
Amends the National Energy Conservation Policy Act to direct the Secretary of Energy to: (1) issue voluntary building energy code guidelines for use by the private and public sectors to encourage the assignment of energy efficiency ratings for new residential buildings; (2) establish a technical assistance program for State and local organizations to encourage the use of residential energy efficiency rating systems consistent with such guidelines; (3) provide matching grants for the establishment of regional building energy efficiency centers in each of the regions served by a Department of Energy (DOE) regional support office; and (4) establish an advisory task force to evaluate grant activities. Authorizes appropriations.
Requires the Secretary of HUD to: (1) assess the energy performance of manufactured housing and make recommendations to the National Commission on Manufactured Housing regarding thermal insulation and energy efficiency improvements; and (2) test the performance and determine the cost effectiveness of manufactured housing constructed in compliance with certain statutory standards. Authorizes the States to establish thermal insulation and energy efficiency standards for manufactured housing if the Secretary of HUD has not issued final regulations by October 1993.
Amends the Cranston-Gonzalez National Affordable Housing Act to direct the Secretary of HUD to promulgate a uniform affordable housing plan using energy efficient mortgages (mortgages that provide financing incentives either for the purchase of energy efficient homes, or for incorporating the cost of such improvements into the mortgage).
Requires the Secretary of HUD to establish an energy efficient mortgage pilot program in five States under prescribed guidelines in order to promote the purchase of existing energy efficient residential buildings and the installation of cost-effective improvements in existing residential buildings. Authorizes appropriations.
Subtitle B: Utilities - Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to mandate that: (1) each electric utility employ integrated resource planning; (2) the rates for a State regulated electric utility are such that its outlay for demand side management measures (including energy conservation and energy efficiency resources), are at least as profitable as those for the construction of new generation, transmission, and distribution equipment; (3) the rates charged by any electric utility are such that it is encouraged to make outlays for all cost-effective improvements in energy efficient power generation, transmission and distribution; and (4) such rates and charges are implemented in a manner that assures that utilities are not granted unfair competitive advantages over small businesses engaged in transactions regarding demand side energy management measures.
Prescribes guidelines under which the Secretary of Energy may provide grants to State regulatory authorities to encourage demand-side management (including energy conservation, efficiency, and load management techniques), and as a means of meeting gas supply needs. Permits a State regulatory authority to provide financial assistance to nonprofit subgrantees of the DOE Weatherization Assistance Program. Authorizes appropriations.
Directs the Tennessee Valley Authority (TVA) to conduct a least-cost planning program according to prescribed guidelines. Exempts TVA from specified least-cost planning requirements which might arise from its electric power transactions with the Southeastern Power Administration.
Amends the Hoover Power Plant Act of 1984 to establish guidelines within which the Administrator of the Western Area Power Administration shall require each customer purchasing electric energy under a long-term firm power service contract with the Western Area Power Administration to implement integrated resource planning by October 1995. Permits different regulations for certain small customers that have limited capability to conduct integrated resource planning. Authorizes the Administrator to provide customers with technical assistance to implement such resource planning. Sets forth: (1) a schedule within which each customer must submit an initial integrated resource plan and periodic revisions to the Administrator; and (2) approval criteria for integrated resource plans. Provides for enforcement of integrated resource plan requirements, including the imposition of a surcharge, and a reduction in the power allocation of a noncomplying customer. Permits customers to form integrated resource planning cooperatives.
Amends PURPA to mandate that: (1) gas utilities employ integrated resource planning for gas customers; and (2) the rates charged by a State regulated gas utility are such that its prudent outlays for demandside measures (such as energy conservation and load shifting programs) are at least as profitable as its outlays for supplies and facilities. Requires a State regulatory authority to implement its integrated resource planning standards in a manner that assures that utilities are not provided with unfair competitive advantages over small businesses.
Subtitle C: Appliance and Equipment Energy Efficiency Standards - Directs the Secretary to provide financial assistance to support a voluntary national window rating program that will develop energy ratings and labels for windows and window systems. Requires the National Fenestration Rating Council to develop such rating program according to specified procedures. Requires the Secretary to develop specified alternative rating systems if a national voluntary window rating program consistent with this Act has not been developed.
Amends the Energy Policy and Conservation Act to: (1) detail energy conservation and labeling requirements for specified commercial and industrial equipment (including lamps and plumbing products); and (2) delineate standards for heating and air-conditioning equipment, electric motors, high intensity discharge lamps, and distribution transformers.
Directs the Secretary to provide financial and technical assistance to support a voluntary national testing and information program for widely used commercial office equipment and luminaries with potential for significant energy savings.
Requires the Secretary to report to the Congress on: (1) the potential for the development and commercialization of appliances which are substantially more efficient than required by Federal or State law; and (2) the energy savings and environmental benefits of early appliance replacement programs.
Subtitle D: Industrial - Directs the Secretary to: (1) make matching grants to industry associations for energy efficiency improvement programs; (2) establish an annual recognition award program for industrial entities that have significantly improved their energy efficiency; and (3) report to the Congress on the establishment of Federally mandated energy efficiency reporting requirements and voluntary energy efficiency improvement targets for energy intensive industries.
Directs the Secretary to make renewable grants to the States to: (1) promote the use of energy-efficient technologies in covered industries; (2) establish industry-by-industry training programs to conduct process-oriented industrial assessments; (3) assist utilities in developing energy efficiency programs and technologies for industrial customers in covered industries; (4) establish and update criteria for conducting process-oriented industrial assessments on an industry-by-industry basis energy efficiency technologies; (5) establish a nationwide directory of organizations offering industrial energy efficiency assessments, technologies, and services; (6) establish an annual recognition award program for utilities operating outstanding or innovative industrial energy efficiency technology assistance programs; and (7) convene annual meetings of parties interested in process-oriented industries. Authorizes appropriations.
Requires the Secretary to: (1) establish voluntary guidelines for energy efficiency audits and insulation in industrial facilities; and (2) conduct educational and technical assistance programs to promote their use.
Subtitle E: State and Local Assistance - Amends the Energy Policy and Conservation Act to: (1) authorize the Secretary to provide funds to specified States to finance energy efficiency improvements in State and local government buildings; and (2) expand the optional features of State energy conservation programs.
Amends the Energy Conservation and Production Act to: (1) direct the Secretary to provide financial assistance to governmental weatherization asssistance recipients for the development and initial implementation of private sector arrangements under which non-Federal financial assistance would be made available to support energy efficiency improvement programs for low-income housing; and (2) authorize the Secretary to provide financial assistance to such recipients for energy efficiency technical transfer measures.
Repeals the National Energy Extension Service Act.
Subtitle F: Federal Agency Energy Management - Amends the National Energy Conservation Policy Act to set a deadline by which each Federal agency must install energy and water conservation measures with payback periods of less than ten years. Requires the President to transmit in the annual budget request to the Congress a statement of the amount of appropriations requested on an individual agency basis for energy conservation measures in Federal facilities.
Requires the Secretary to: (1) develop a mechanism for Federal agencies to implement an energy conservation incentive program; and (2) establish a Federal Energy Efficiency Fund to provide grants to agencies to meet Federal energy management requirements.
Authorizes Federal agencies to participate in utility incentive programs for energy and water conservation. Directs the Secretary to: (1) establish a financial bonus program for outstanding Federal facility energy managers; (2) establish an energy conservation technology demonstration program for installation in Federal facilities or federally assisted housing; and (3) implement a survey of potential energy savings in Federal buildings.
Amends the Federal Property and Administrative Services Act of 1949 to cite conditions under which the Administrator of General Services may obligate: (1) funds from the Federal Building Fund for energy management improvement and source reduction and recycling programs; and (2) goods and services received from a utility which enhance the energy efficiency of Federal facilities.
Amends the National Energy Conservation Policy Act to prescribe the parameters of statutorily mandated energy savings performance contracts entered into by a Federal agency.
Requires the Administrator of General Services to hold regular, biennial conference workshops in each of the ten standard Federal regions on energy management, conservation, efficiency and planning strategy.
Requires specified Federal executive departments to undertake programs to ensure full training of facility energy managers.
Directs the Secretary of Energy to make energy audit teams available to all Federal agencies. Requires the Director of the Office of Management and Budget to establish guidelines for Federal agencies to use in assessing energy consumption in their facilities.
Sets a deadline by which certain Inspectors General must: (1) identify agency compliance activities to meet specified requirements of the National Energy Conservation Policy Act; and (2) determine if such agencies have the requisite internal accounting mechanisms to assess the accuracy and reliability of energy consumption and energy cost figures pursuant to such Act. Requires the President's Council on Integrity and Efficiency to report to certain congressional committees regarding such Inspector General reviews.
Prescribes guidelines under which the Administrator of General Services, the Secretary of Defense, and the Director of the Defense Logistics Agency must include energy efficient products in their procurement and supply operations.
Directs the Secretary of Energy to study and report to the Congress on financing options for certain statutorily mandated energy and water conservation measures.
Requires the Postmaster General to: (1) conduct a prescribed energy survey for Postal Service buildings; (2) report to certain congressional committees on the building management program as it related to energy efficiency; and (3) ensure that each Postal Service facility meets certain statutorily mandated energy management requirements.
Requires each agency to establish criteria for the improvement of energy efficiency in Federal facilities operated by Federal Government contractors.
Directs the Architect of the Capitol to retrofit congressional buildings according to prescribed energy conservation guidelines. Authorizes appropriations.
Subtitle G: Miscellaneous - Amends the Department of Energy Organization Act to direct the Administrator of the Federal Energy Administration to engage in energy information data collection including: (1) electricity production from domestic renewable energy resources; (2) residential and commercial energy; and (3) demand-side management programs conducted by electric utilities.
Requires the Secretary to study and report to the Congress on specified aspects of district heating and cooling programs and vibration reduction technologies.
Title II: Natural Gas - Amends the Natural Gas Act to prohibit the discriminatory or preferential treatment by the Federal Energy Regulatory Commission (FERC) of natural gas imported from a nation with whom the pertinent free trade agreement is in effect.
Expresses the sense of the Congress that the national economy is best served by a competitive natural gas wellhead market.
Title III: Alternative Fuels - General - Amends the Energy Policy Conservation Act to prescribe guidelines under which the Secretary of Energy shall: (1) acquire alternative fueled vehicles for the Federal fleet; and (2) study and report to the Congress on the Federal experience with alternative-fueled heavy duty vehicles. Sets forth a fiscal-year schedule for minimum Federal fleet requirements for alternative-fueled vehicles. Directs the Secretary to provide guidance and technical assistance to Federal agencies for the procurement and placement of alternative-fueled vehicles.
Directs the Administrator of General Services (the Administrator) to establish an annual recognition and incentive awards program for Federal employees who demonstrate the strongest commitment to the use of alternative fuels and fuel conservation in Federal motor vehicles. Authorizes appropriations.
Directs the Administrator and the Postmaster General to report to the Congress on the alternative-fueled vehicle program within their respective agencies.
Title IV: Alternative Fuels - Non-Federal Programs - Amends the Energy Policy and Conservation Act to authorize appropriations for FY 1993 through 1995 for the alternative fuels truck commercial application program.
Amends the Motor Vehicle Information and Cost Savings Act to reflect the provisions of this Act regarding the use of alternative motor fuels.
Amends the Natural Gas Act to exempt from its jurisdiction certain vehicular natural gas sales and transportation transactions if the person involved is: (1) not otherwise a natural-gas company; and (2) subject to a State regulatory agency.
Cites circumstances under which certain holding companies engaged in vehicular natural gas transactions are exempt from the purview of Public Utility Holding Company Act of 1956.
Directs the Secretary of Energy (the Secretary) to establish a public information program on the use of alternative fuels in motor vehicles. Requires the Federal Trade Commission to formulate and issue rules for labeling requirements for alternative fuels and alternative fueled vehicles. Requires the Secretary to establish a data collection program for persons engaged in certain activities related to alternative-fuel vehicles and facilities.
Authorizes FERC to allow recovery of expenses in advance by natural-gas companies and electric utilities, respectively, for certain research and demonstration activities relating to natural-gas motor vehicles and electric motor vehicles.
Directs the Secretary to promulgate guidelines for comprehensive State program plans and incentives to accelerate the introduction and use of alternative fuels and alternative-fueled vehicles.
Authorizes the Secretary of Transportation to enter into cooperative agreements and joint ventures with governmental and regional transit authorities of certain-sized urban areas to demonstrate the feasibility of commercial application of alternative fuels for motor vehicles used for mass transit (including school buses).
Directs the Secretary to: (1) ensure that a Federal certification program is established for technician training programs for converting conventionally-fueled motor vehicles into dedicated or dual-fueled vehicles; (2) conduct a study to determine whether the use of alternative fuels in nonroad vehicles and engines would contribute substantially to reduced reliance on imported energy sources; (3) report to the Congress on how Federal purchasing policies and governmental traffic control policies affect the use of alternative-fueled vehicles; and (4) establish a low-interest loan program to increase the use by small businesses of alternative-fueled vehicles. Authorizes appropriations.
Title V: Availability and Use of Replacement Fuels, Alternative Fuels, And Alternative Fueled Private Vehicles - Sets forth a timetable for the acquisition of alternative fueled vehicles by specified persons engaged in fuels transactions.
Requires the Secretary to: (1) establish a program to promote the development and use in light duty motor vehicles of domestic replacement fuels in lieu of petroleum motor fuels; (2) estimate annually the use and supply of alternative and replacement fuels, and their affect upon greenhouse gas emissions; (3) require suppliers of replacement and alternative fuels to submit specified supply and greenhouse gas-related information to the Secretary; and (4) undertake to obtain voluntary commitments from specified persons to make available to the public replacement fuels and alternative fueled vehicles (and attendant services).
Sets forth specified fleet program purchase goals for alternative-fueled vehicles for specified calendar years, (including mandatory State fleet programs). Sets forth civil penalties for violations of this Act. Authorizes appropriations.
Title VI: Electric Motor Vehicles - Subtitle A: Electric Motor Vehicle Commercial Demonstration Program - Directs the Secretary to conduct an electric motor vehicle demonstration program. Details the program's proposal parameters. Authorizes appropriations.
Subtitle B: Electric Motor Vehicle Infrastructure and Support Systems Development Program - Directs the Secretary to undertake, with non-Federal persons, an electric motor vehicle infrastructure and support systems development program. Sets forth program parameters. Authorizes appropriations.
Title VII: Electricity-Subtitle A: Exempt Wholesale Generators - Amends the Public Utility Holding Company Act of 1935 to prescribe requirements for exempt wholesale generators of electric energy (EWGs) excluded from the coverage of such Act.
Requires State regulatory agencies to perform specified evaluations of electric utilities which make long-term wholesale power purchases as a means of meeting demand, including consideration of: (1) the effects of power purchases on utility cost of capital; (2) the effect of leveraged capital structures on the reliability of wholesale power sellers; and (3) adequate fuel supplies.
Amends Federal law to permit public utility holding companies to own interests in qualifying cogeneration and small power production facilities.
Amends the Federal Power Act to permit a State commission to examine the records of certain: (1) electric utility companies; (2) exempt wholesale generators; and (3) electric utility holding companies.
Amends the Public Utility Holding Company Act of 1935 to cite conditions under which foreign utility companies are exempt from its purview. Permits certain exempt holding companies to own interests in foreign utility companies.
Subtitle B: Federal Power Act; Interstate Commerce in Electricity - Amends the Federal Power Act regarding FERC's wheeling authority to permit any person generating electric energy for sale for resale to apply to FERC for an order requiring a transmitting utility to provide transmission services to the applicant. Specifies general requirements for issuance of such an order.
Declares that a FERC order to provide for transmission services shall require the pertinent transmitting utility to provide such transmission services in a manner to permit recovery of its costs and associated services from the appropriate applicant, and not from the transmitting utility's existing customers.
Prohibits the issuance of any order: (1) inconsistent with any State law which governs the retail marketing areas of electric utilities; or (2) which is conditioned upon mandatory retail wheeling, or certain sham wholesale transactions.
Authorizes FERC to order the Administrator of the Bonneville Power Administration to provide transmission service, and to establish the terms and conditions of such service. Prescribes procedural guidelines for the Federal Columbia River transmission system.
States that a FERC order to provide for transmission services within the Electric Reliability Council of Texas (ERCOT) shall provide that specified ERCOT utilities are entitled to compensation based on the methodology used by the Public Utility Commission of Texas.
Requires a transmitting utility to furnish information about its wholesale rates and conditions upon receiving a good faith request from a person generating electric energy for sale or resale.
Declares that sales or charges received by an EWG for the sale of electric energy are unlawful if they resulted from undue advantage from an electric utility which is an associate company or affiliate of such EWG. Sets forth civil penalties tailored to EWGs, wheeling and transmission services.
Subtitle C: State and Local Authorities - Retains the authority of any State or local governmental entity relating to environmental protection or the siting of facilities, not withstanding this Act.
Title VIII: High-Level Radioactive Waste - Directs the Administrator of the Environmental Protection Agency (the Administrator) to promulgate public health and safety standards governing releases from radioactive materials stored or disposed of in the Yucca Mountain repository site. Makes such standards the only ones applicable to the Yucca Mountain site. Directs the Administrator to contract with the National Academy of Sciences to conduct a study, according to prescribed guidelines, which will provide findings and recommendations on reasonable public health and safety standards.
Requires the Nuclear Regulatory Commission (NRC) to modify specified technical requirements and criteria to make them consistent with the Administrator's public health and safety standards.
Mandates continued post-closure oversight by the Secretary of Energy of the Yucca Mountain site in order to prevent any activity that poses an unreasonable risk of: (1) breaching the repository's engineered or geologic barriers; or (2) increasing the exposure of individual members of the public to radiation beyond allowable limits.
Amends the Nuclear Waste Policy Act of 1982 to extend from five to seven years the Office of the Nuclear Waste Negotiator.
Directs the Secretary of Energy to report to the Congress on whether current programs and plans for nuclear waste management are adequate for management of additional volumes or categories of nuclear waste that might be generated by new nuclear power plants constructed and licensed in the future.
Title IX: United States Enrichment Corporation - Amends the Atomic Energy Act of 1954 to establish: (1) the United States Enrichment Corporation as a wholly-owned Government corporation, to be operated as a profitable business enterprise in specified uranium enrichment activities; (2) a revolving United States Enrichment Corporation Fund in the Treasury; and (3) a Working Capital Account within the Corporation in which it may retain all revenues necessary for business-related purposes.
Makes the Corporation the exclusive marketing agent on behalf of the Federal Government for entering into contracts regarding enriched uranium, and uranium enrichment and related services. Prohibits DOE from further marketing such activities.
Sets forth conditions under which the Corporation shall lease DOE gaseous diffusion facilities. Excludes from such leasing terms DOE facilities for highly enriched uranium production.
Authorizes the Corporation to negotiate the purchase of all highly enriched uranium made available by any State of the former Soviet Union, or to assume DOE contractual obligations reached with such State.
Requires the Corporation to transmit to the President and the Congress a strategic plan for transferring Corporation ownership to private investors. Prescribes the privatization procedure.
Delineates the terms under which DOE property interests regarding atomic vapor laser isotope separation (AVLIS) technology will be transferred to the Corporation if the Corporation determines, pursuant to a mandatory assessment, that commercialization of AVLIS or alternative technologies for uranium enrichment is economically viable. Grants the Corporation the exclusive commercial right to deploy and use any AVLIS patents, processes, and technical information owned or controlled by the Government, upon completion of a royalty agreement with DOE. Requires the President to transfer to the Corporation DOE rights, title or interest in federally owned property that significantly affects Corporation implementation of AVLIS and alternative technologies for uranium enrichment. Outlines permissible predeployment activities by the Corporation with respect to such technologies, including sponsorship of a private, for-profit corporation to construct a uranium enrichment facility using those technologies. Sets forth the operating guidelines for the two entities.
Authorizes the Corporation to establish an AVLIS Commercialization Fund. Sets forth Fund expenditure strictures. Authorizes appropriations from the Uranium Enrichment Special Fund for the Avlis Commercialization Fund.
Prohibits the Nuclear Regulatory Commission from issuing a license for the export of highly enriched uranium for use as a fuel or target in a nuclear research or test reactor unless specified conditions are met. Directs the Commission Chairman to report to the Congress on the current disposition of previous Federal exports of highly enriched uranium.
Title X: Remedial Action and Uranium Revitalization - Subtitle A: Remedial Action at Active Processing Sites - Declares that specified licensees must bear the remedial action costs of any activity resulting in the production of byproduct material at active uranium and thorium processing sites. Prescribes guidelines under which the Secretary shall reimburse certain active site uranium and thorium licensees for certain costs. Authorizes appropriations.
Subtitle B: Uranium Revitalization - Requires the Corporation to purchase domestic uranium from domestic uranium producers and overfeed it into the uranium enrichment process.
Establishes the National Strategic Uranium Reserve under the direction and control of the Secretary. Restricts the use of such Reserve to military purposes and Government research for a six-year period.
Authorizes the Secretary to sell to the Corporation remaining DOE inventories of raw or low-enriched uranium that are not necessary to national security needs. Confers continuing responsibility upon the Secretary for the domestic uranium industry to encourage the use of domestic uranium. Directs the Secretary to implement government programs to promote the export of domestic uranium.
Mandates annual uranium purchase reports to the Secretary by the owner or operator of any civilian nuclear power reactor. Requires the Secretary to: (1) submit a uranium inventory study to the Congress; and (2) report annually to the Congress on progress in encouraging State regulatory authorities to consider the purposes of this Act and the national need to avoid dependence on imports, when determining whether to allow an electric power plant to recover in its rates and charges any cost of domestic uranium purchases greater than the cost of nondomestic uranium or uranium services.
Subtitle C: Remedial Action at Inactive Processing Sites - Amends the Uranium Mill Trailing Radiation Control Act of 1978 to extend from 1994 to 1996 the Secretary's authority to perform remedial action.
Title XI: Uranium Enrichment Health, Safety, and Environment Issues - Amends the Atomic Energy Act to direct the Nuclear Regulatory Commission (NRC) to: (1) promulgate public health and safety standards with respect to DOE gaseous diffusion uranium enrichment facilities; (2) report annually to the Congress on the status of health, safety and environmental conditions at such facilities; (3) establish a certification process to ensure Corporation compliance with such standards; and (4) review Corporation operations of DOE-leased gaseous diffusion uranium enrichment facilities to determine compliance with public health and safety standards. Prohibits Corporation operation of such facilities unless the NRC has either determined compliance or approved a compliance plan.
Establishes in the Treasury the Uranium Enrichment Decontamination and Decommissioning Fund.
Directs the Secretary to collect a special assessment from domestic utilities for the decontamination and decommissioning of DOE gaseous diffusion enrichment facilities.
Requires the National Academy of Sciences to study and report to the Congress on ways to reduce costs associated with decontamination and decommissioning.
Title XII: Renewable Energy - Amends the Renewable Energy and Efficiency Technology Competitiveness Act of 1989 to direct the Secretary to: (1) implement a five-year program to further the commercialization of renewable energy and energy efficiency technologies by soliciting proposals for demonstration and commercial application projects; and (2) establish an Advisory Committee on Demonstration and Commercial Application of Renewable Energy and Energy Efficiency Technologies. Authorizes appropriations.
States that the goal of the Alcohol from Biomass Program is to advance research and development to a point where alcohol from biomass technology is cost-competitive with conventional hydrocarbon transportation fuels, and to promote the integration of such technology into the transportation fuel sector of the economy. Delineates goals for producing ethanol from biomass.
Directs the Secretary to: (1) prepare and submit to the Congress a three-year national renewable energy and energy efficiency management plan with specified contents; (2) establish a renewable energy export technology training program for individuals from developing countries; (3) make Renewable Energy Advancement Awards in recognition of developments that advance the practical application of certain renewable energy technologies; and (4) study and report to the Congress on whether certain conventional taxation and ratemaking procedures result in economic barriers to, or incentives for, renewable energy power plants compared to conventional power plants. Authorizes appropriations.
Directs the Department of Energy to conduct a study to facilitate the marketing of energy byproducts from rice milling.
Amends the Energy Policy and Conservation Act to: (1) direct the interagency working group to make recommendations to coordinate Federal actions and programs affecting reports of renewable energy and energy efficiency products and services; and (2) establish an Interagency Working Subgroup on Renewable Energy and an Interagency Working Subgroup on Energy Efficiency to recommend coordinated Federal actions and programs to promote the export of domestic renewable energy and energy efficiency products and services, and to promote their development and application in foreign countries. Authorizes appropriations.
Directs the interagency working group to study and report to the Congress on the export promotion practices foreign countries use with respect to their own renewable energy and energy efficiency technologies and products.
Directs the Secretary of Commerce to develop, and make available to interested persons, a comprehensive data base and information dissemination system on the specific energy technology needs of foreign countries, and the technical and economic competitiveness of various renewable energy and energy efficiency products and technologies; and (2) select individuals experienced in renewable energy and energy efficiency products and technologies to be assigned to an office of the United States and Foreign Commercial Service in the Pacific Rim, and in the Caribbean Basin, respectively, in order to provide information concerning domestic renewable energy and energy efficiency products, technologies, and industries. Authorizes appropriations.
Requires the Secretary of Energy to: (1) establish a renewable energy technology transfer program to implement itemized purposes; and (2) make incentive payments to the owner or operator of a qualified renewable energy facility for a 20-year period for any electricity generated and sold. Authorizes appropriations.
Title XIII: Coal - Subtitle A: Research, Development, Demonstration, and Commercial Application - Directs the Secretary to conduct research, development, demonstration, and commercial application programs on specified coal-based technologies, including magneto-hydro-dynamics and oil substitution through coal liquefaction. Authorizes appropriations.
Subtitle B: Clean Coal Technology Program - Authorizes the Secretary to seek certain additional clean coal technology solicitations designed to ensure: (1) the timely development of technologies that achieve greater efficiency in converting coal to energy than is currently commercially available; and (2) the commercial availability of such technologies by the year 2010.
Subtitle C: Other Coal Provisions - Establishes the Clean Coal Technology Subgroup (CCT Subgroup) within the Trade Promotion Coordinating Committee to expand clean coal technology exports using interagency coordination. Itemizes the Secretary's duties, acting through the Subgroup. Directs the Subgroup to ensure the development of a comprehensive data base and information dissemination system, using certain Department of Commerce data systems relating to clean coal technologies.
Sets forth procedural guidelines under which the Secretary shall establish a clean coal technology transfer program which makes maximum use of United States manufactured components.
Permits Secretarial discretion, in specified circumstances, to utilize conventional coal technology transfers to certain countries with significant indigenous coal resources that are making the transition from nonmarket to market economies.
Requires the Secretary to study and report to the Congress on: (1) the institutional, legal, and regulatory barriers to increased utilization of coal combustion byproducts by potential governmental and commercial users; and (2) the status of technologies for combining coal with other materials (such as oil or water fuel mixtures).
Directs the Secretary to assess the feasibility of establishing a national technical information clearinghouse on technology relating to coal and coal-derived fuels using certain prescribed assessment guidelines. Authorizes the Secretary to establish the clearinghouse based on such assessment.
Directs the Secretary of Commerce to submit to certain congressional committees a plan for expanding exports of coal mined in the United States.
Prescribes procedural and administrative guidelines under which the Secretaries of the Interior and of Energy, respectively, shall promote the development of coalbed methane gas in States in which: (1) the legal ownership of coalbed methane gas is uncertain; (2) the Secretaries jointly determine that coalbed methane gas development is significantly impeded by such uncertainty; (3) a legal mechanism promoting such development is not in effect; and (4) coalbed methane gas is not extensively developed.
Requires the Secretary of Energy to establish a transportation rate data base with respect to rail and pipeline transportation of domestic coal, oil, and gas, if such information is not reasonably available.
Requires the Energy Information Administration to study and report to the Congress on the impact of the Clean Air Act and other Federal policies upon the rates and distribution patterns of domestic coal, oil, and gas, if it finds that no other Federal agency is studying the subject, or that the study results will not be available to the Congress by a certain deadline.
Title XIV: Strategic Petroleum Reserve - Amends the Energy Policy and Conservation Act to expand the circumstances under which a severe energy supply interruption shall be deemed to exist.
Directs the President to take action to enlarge the Strategic Petroleum Reserve (SPR) to one billion barrels as rapidly as possible.
Authorizes the Secretary to use funds in the SPR Petroleum Account to contract for petroleum product storage in advance of the receipt of petroleum products.
Authorizes the President to direct the Secretary to acquire oil from domestic production of stripper well properties for SPR storage if oil production declines from domestic resources pose a threat to national energy security.
Declares that, for purposes of determining Federal Energy Administration Regions, any State that is an island shall be considered to be a separate Region (thus allowing establishment and maintenance of a Regional Petroleum Reserve within such an island State).
Requires the Secretary to study and report to the Congress on the implications of the unique vulnerabilities of certain insular areas to an oil supply disruption
Title XV: Octane Display and Disclosure - Amends the Petroleum Marketing Practices Act to set forth new fuels and fuels ratings definitions.
Amends the guidelines for enforcement by the Federal Trade Commission and the Environmental Protection Agency with respect to octane display and disclosure requirements.
Requires the Administrator of the Environmental Protection Agency, the Secretary of Energy, and the Chairman of the Federal Trade Commission to report to the Congress on specified studies of nonliquid fuels and labels.
Title XVI: Global Climate Change - Requires the Secretary of Energy to report to the Congress on specified implications of global climate change policies, including the generation of greenhouse gases and carbon dioxide, and U.S. compliance with its international obligations.
Requires each National Energy Policy Plan submitted by the President to include a least-cost energy strategy prepared by the Secretary.
Directs the Secretary to establish a Director of Climate Protection within DOE to serve as the Secretary's representative for interagency and multilateral policy discussion of global climate change, and to minitor the effects of domestic and international policies upon greenhouse gas generation.
Requires the Secretary to: (1) present a comparative assessment report to the Congress on alternative policy mechanisms for reducing greenhouse gas generation; (2) develop an inventory of the national aggregate emissions of each greenhouse gas for a specified baseline period; (3) issue guidelines for the voluntary collection and reporting of information on sources of greenouse gases; and (4) establish a data base composed of such information.
Amends the Energy Security Act to repeal the mandate that the President transmit specified biennial energy targets to the Congress.
Directs the Secretary to establish an innovative environmental technology transfer program to promote certain U.S. participation in international energy activities and the export of U.S. energy technologies. Prescribes implementation guidelines.
Requires the Secretary of the Treasury to establish a Global Climate Change Response Fund to serve as a conduit for U.S. contributions to global climate change. Authorizes appropriations.
Title XVII: Additional Federal Power Act Providsions - Amends the Federal Power Act to provide that the portion of annual charges imposed by FERC upon licensees to cover certain costs incurred by governmental natural and cultural resource agencies shall be available solely for implementing specified studies.
Authorizes FERC to extend the deadlines for certain licensees to commence construction and acquire the requisite real estate for specified power projects.
Restricts use of the eminent domain power by licensees with respect to certain lands that were part of: (1) public parks; (2) recreation areas; or (3) wildlife refuges.
Title XVIII: Oil Pipeline Regulatory Reform - Sets a deadline by which FERC must promulgate a final rule: (1) establishing a simplified and generally applicable ratemaking methodology for oil pipelines in accordance with the Interstate Commerce Act; and (2) streamlining oil pipeline rate procedures.
Directs FERC to establish alternative dispute resolution procedures early in an oil pipeline rate proceeding. Cities circumstances under which certain existing oil pipeline rates are deemed just and reasonable.
Title XIX: Revenue Provision - Subtitle A: Energy Conservation and Production Incentives - Amends the Internal Revenue Code to set forth special tax treatment guidelines for certain energy conservation and production incentives including: (1) employer-provided transportation benefits (tax exclusion); (2) energy conservation subsidies provided by public utilities (tax exclusion); (3) clean-fuel vehicles and certain refueling property (tax deduction); (4) qualified electric vehicles (tax credit); (5) electricity produced from certain renewable sources (tax credit); (6) repeal of minimum tax preferences for depletion and intangible drilling costs of independent oil and gas producers and royalty owners; (7) permanent extension of energy investment credit for solar and geothermal property; (8) extension of tax credit for the use of certain facilities; (9) alcohol fuels (reduced tax rate); (10) tax-exempt financing for environmental enhancements of hydroelectric generating facilities; and (11) income tax credit for unused payments into the Trans-Alaska Pipeline Liability Fund.
Subtitle B: Revenue Increases, Etc. - Amends the guidelines for the tax treatment of: (1) ozone-depleting chemicals (increased base tax amount and tax rate); (2) identifying information regarding certain seller-provided financing; (3) increased withholding on gambling winnings; (4) characterization of certain interest as stock or indebtedness; (5) recognition of precontribution gain in the case of certain distributions to contributing partners; (6) deductions for expenses away from home; (7) reporting requirements for certain apportioned real estate taxes; (8) the use of excess assets of black lung benefit trusts for health care benefits; (9) specified portions of property under the marital deduction; and (10) the uniform exemption amount for gambling winnings subject to withholding.
Subtitle C: Health Care of Coal Miners - Coal Industry Retiree Health Benefit Act of 1992 - Amends the Internal Revenue Code to prescribe health benefits parameters for the coal industry, including establishment of the United Mine Workers of America 1992 Benefit Plan as a tax-exempt organization.
Title XX: General Provisions; Reduction of Oil Vulnerability - Subtitle A: Oil and Gas Supply Enhancement - Directs the Secretary of Energy to conduct a five-year program on technologies to increase the recoverability of domestic oil resources. Targets within such program: (1) research and development on oil shale extraction and conversion; and (2) expansion of the recoverable natural gas resource base. Authorizes appropriations. Requires a similar program on new and advanced natural gas end-use technologies.
Authorizes the Secretary to establish a Midcontinent Energy Research Center to research enhanced petroleum recovery from existing fields and establised plays in the upper midcontinent region.
Subtitle B: Oil and Gas Demand Reduction and Substitution - Outlines the parameters under which the Secretary shall conduct a five-year research and demonstration program on cost effective technologies to reduce oil demand in the transportation sector through increased energy efficiency and the use of alternative fuels. Authorizes appropraitions.
Targets the following areas of concentration: (1) general motor vehicle transportation, including advanced automotive fuel economy; (2) piston-powered vehicles; (3) alternative fuel vehicles; (4) a biofuels user facility; (5) electric motor vehicles and associated equipment; (6) fuel cells for transportation; (7) renewable hydrogen energy systems; (8) diesel engine combustion and engine systems (especially with a view to reducing emissions of oxides of nitrogen and particulates); and (9) a cost-benefit study regarding the benefits of telecommuting to the transportation and energy sectors.
Title XXI: Energy and Environment-Subtitle A: Improved Energy Efficiency - Prescribes the parameters under which the Secretary shall conduct a five-year research and demonstration program on cost effective technologies to improve energy efficiency and increase the use of renewable energy in the buildings, industrial, and utility sectors. Authorizes appropriations.
Includes in such program the following areas of concentration: (1) natural gas and electric heating and cooling technologies for residential and commercial buildings; (2) advanced paper and pulp technologies; (3) increased building energy efficiency (Advanced Buildings for 2005); (4) increased efficiency of electric drive technologies; (5) steel, aluminum and metal research; (6) improved energy efficiency and productivity in energy-intensive industries and industrial processes; and (7) improved energy efficiency and cost-effectiveness of pollution prevention technologies and processes (energy efficient environmental program).
Subtitle B: Electricity Generation and Use - Authorizes appropriations for a comprehensive five-year research and development program conducted by the Secretary in the following areas: (1) cost-effective options for the generation of electricity from renewable energy sources for grid and nongrid application; (2) improved heat engine efficiency; (3) minimization of the volume and toxic lifetime of civilian nuclear waste, including mitigation of attendant hazards; (4) fusion energy; (5) power generation using fuel cells; (6) the Fast Flux Test Facility (environmental restoration and waste management program); (7) high-temperature superconducting electric power equipment technology; and (8) a research and public information dissemination program regarding the effects of electric and magnetic fields upon human health (including the establishment of the Electric and Magnetic Fields Interagency Committee, and the National Electric and Magnetic Fields Advisory Committee).
Establishes certain facilities at Keahole Point, Hawaii, as the Spark M. Matsunaga Renewable Energy and Ocean Technology Center. Authorizes appropriations.
Subtitle C: Advanced Nuclear Reactors - Directs the Secretary to: (1) submit to the Congress a five-year civilian nuclear program plan to meet prescribed goals; (2) conduct a five-year technical and financial assistance program to encourage the development and submission for certification of advanced light water reactor designs which can be certified by the NRC by the end of FY 1996; and (3) solicit proposals for implementing preliminary engineering designs for advanced nuclear reactor technologies protytypes, and recommend to the Congress whether to build prototype demonstration reactors.
Title XXII: Energy and Economic Growth - Directs the Secretary to: (1) establish a five-year National Advanced Materials Program to foster commercialization of techniques relating to advanced materials and associated components; (2) establish a program to expedite the use of advanced materials technologies in goods and services acquired by the General Services Administration; (3) establish a five-year National Advanced Manufacturing Technologies Program; (4) continue to support a vigorous program of basic energy sciences to provide basic research support for the development of energy technologies; (5) enter into contracts to conduct science and mathematics education programs that supplement the Special Programs for Students from Disadvantaged Backgrounds; and (6) submit to the Congress a five-year program plan to improve, within prescribed parameters, the integration of basic energy research programs with other energy programs within DOE.
Title XXIII: Policy and Administrative Provision - Requires the Secretary to: (1) submit to the Congress a report and management plan for any major construction project involving $100,000,000 or more before expenditure of those funds; and (2) establish an Energy Research, Development, Demonstration, and Commercial Application Advisory Board.
Makes technical and conforming amendments to the Federal Nonnuclear Energy Research and Development Act of 1974, and the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989, to reflect the changes made by this Act.
Directs the Secretary to prepare a management plan for the conduct of research, development, demonstration, and commercial application of energy technologies that is consistent with itemized goals under title XX of this Act for implementing energy supply and conservation research and development.
Prescribes guidelines for contract awards to perform nuclear hot cell services. Requires the Secretary to submit to the Congress the amount of DOE uncosted obligations, and the specific purposes for which such funds were requested.
Title XXIV: Non-Federal Power Act Hydropower Provisions - Prohibits FERC from issuing an original license for any new hydroelectric power project within the boundaries of any unit of the National Park System if it would have a direct adverse effect upon Federal lands within such unit.
Permits FERC to contract out statutorily mandated environmental impact statements. Prescribes guidelines under which the Secretary must study cost effective opportunities to increase hydropower production at existing federally-owned or operated water regulation, storage, and conveyance facilities.
Directs the Secretary of the Interior to conduct feasibility investigations of opportunities to: (1) increase certain hydroelectric energy available for marketing from Federal hydroelectric power genration facilities thanks to water conservation efforts on Federal reclamation projects; and (2) mitigate damages, or enhance fish and wildlife, through increasing available water. Authorizes appropriations.
Authorizes the Secretaries of the Interior and of the Army to implement generation additions, improvements and replacements at their respective Federal projects in the Pacific Northwest Region, and to operate their respective power facilities as needed, with the concurrence of the Bonneville Power Administrator.
Authorizes FERC to grant certain license requirement exemptions to itemized power projects in Alaska.
Requires FERC to study hydroelectric licensing in the State of Hawaii.
Title XXV: Coal, Oil, and Gas - Directs the Secretary of the Interior to establish a cooperative Government-private sector program with respect to hot dry rock geothermal energy resources on certain public lands, as well as lands managed by the Department of Agriculture. Authorizes appropriations.
Directs the United States Geological Survey to convene a workshop regarding the regional potential for hot dry rock geothermal energy in the Eastern United States, and to report its conclusions to the Congress.
Amends the Surface Mining Control and Reclamation Act of 1977 to provide that the prohibition against issuance of a mining permit that is premised upon certain violations shall not apply to a violation resulting from an unanticipated event or condition at a surface coal mining operation on lands otherwise eligible for remining.
Modifies the general environmental performance standards that are prerequisites for a surface coal mining permit. Directs the Secretary of the Interior to publish in the Federal Register environmental protection performance and reclamation standards, and separate permit systems for on-site reprocessing of abandoned coal refuse and its removal on specified lands.
Sets forth subsidence repair and replacement requirements for underground coal mining operations. Authorizes the Office of Surface Mining Reclamation and Enforcement to conduct studies, research and demonstration projects relating to compliance with specified Federal law. Directs the Secretary of the Interior to enter into cooperative agreements upon application of any State with an approved abandoned mine reclamation program.
Authorizes the Secretary of the Interior to determine, in the Fort Union region, lesser Federal lignite coal royalties than are statutorily mandated.
Amends the Mineral Leasing Act for Acquired Lands to require federal entities that administer lands acquired under mineral leases to transfer their administration and receipt collection authority to the Secretary of the Interior.
Prescribes guidelines under which the holder of an oil or gas lease on certain lands in which the United States held a vested future interest in a mineral estate may elect to continue the lease as a noncompetitive lease.
Directs the Secretary of Agriculture to subject the commencement of surface-disturbing activities related to the development of oil and gas deposits to certain itemized terms and conditions.
Declares that competitive and non-competitive oil and gas leases shall be for a primary term of ten years.
Requires the Secretary of the Interior to convey to the owners of specified lands in Hot Springs Park, and Washakie, Wyoming, all Federal rights and interests in those lands.
Prescribes the procedural guidelines for oil shale mining claim patent applications.
Directs the Secretary of the Interior to develop a Plan for Health, Safety, and Mining Technology Research every five years.
Amends the Surface Mining Control and Reclamation Act of 1977 to increase the number of activities whose costs shall be assumed by the regulatory authority upon the written request of small coal operators.
Directs the Secretary of the Interior to make grants to specified Indian tribes to develop a regulatory scheme for surface coal mining and reclamation operations on Indian lands.
Extends from September 30, 1995, to September 30, 2004, the period during which reclamation fees for coal mining operations must be paid.
Title XXVI: Indian Energy Resources - Outlines the parameters under which the Secretary of Energy shall establish a demonstration program to assist Indian tribes in pursuing energy self-sufficiency and to promote the development of a vertically integrated energy industry on Indian reservations.
Authorizes the Secretary of the Interior to make annual grants to Indian tribes for an energy resource implementation and enforcement scheme.
Establishes the Indian Energy Resource Commission to address specified energy resource issues.
Authorizes the Secretary of Energy to grant financial assistance to Indian tribal governments (or private sector persons) to evaluate and adopt energy efficiency and renewable energy projects. Authorizes appropriations.
Title XXVII: Insular Areas Energy Security - Amends Federal law to prescribe guidelines under which the Secretary of Energy shall provide financial assistance to insular area governments (or private sector persons) to evaluate and adopt energy efficiency and renewable energy measures in order to reduce their dependency upon imported fuels.
Requires the Secretary of the Interior to submit a plan to certain Congressional committees to provide electric service in Palau (Trust Territory of the Pacific Islands) upon completion of the Palau National Master Development Plan.
Amends Federal law to mandate that the programs and services of the Environmental Protection Agency regarding PCB's be made available to the Marshall Islands and Federated States of Micronesia.
Title XXVIII: Nuclear Plant Licensing - Amends the Atomic Energy Act to prescribe conditions under which the NRC shall: (1) issue combined construction and operating licenses; and (2) hold post-construction hearings on such combined licenses. Subjects NRC determinations with respect to such licenses to judicial review.
Title XXIX: Additional Nuclear Energy Provisions - Retains State authority to regulate low-level radioactive waste disposal, or off-site incineration for radiological hazards, in the event the NRC exempts such waste from regulation.
Amends the Energy Reorganization Act of 1974 to: (1) modify the employee protection guidelines for nuclear whistleblowers; (2) extend from 30 to 180 days the time period for filing a whistleblower complaint; and (3) require the NRC or the DOE to promptly investigate an allegation of a substantial safety hazards.
Amends the Omnibus Budget Reconciliation Act of 1990 to exempt certain research and educational licensees from annual charges. Requires the NRC to review its policy on annual charges, with special attention to those that place an unfair burden upon such licensees.
Requires the President to report to the Congress: (1) the results of a study on the safety of plutonium shipments; and (2) the recommendations contained in such study.
Title XXX: Miscellaneous - Subtitle A: General Provisions - Sets forth parameters for DOE research and demonstration projects, commercial application projects, and cost sharing with respect to energy technologies.
Subtitle B: Other Miscellaneous Provisions - Amends the Powerplant and Industrial Fuel Use Act of 1978 to repeal the requirement that the President submit an annual status report to the Congress on energy conservation in Federal facilities.
Amends the Alaska Natural Gas Transportation Act of 1976 to abolish the office of Federal Inspector of Construction for the Alaska Natural Gas Transportation System.
Directs the Secretary of Energy to encourage State and local governments to permit the installation of geothermal heat pumps.
Directs the Secretary to study and report to the Congress on: (1) how governmental and private sector purchasers of fuel in bulk can benefit from the use of energy futures and options contracts; (2) current energy subsidies; and (3) the development potential of sources of tar sands in the United States. Authorizes appropriations.
Amends Federal bankruptcy law to articulate conditions under which interests in liquid or gaseous hydrocarbons which have been transferred under a farmout agreement shall be excluded from a debtor's estate.
Amends the Radiation Exposure Compensation Act to grant Federal district courts exclusive original jurisdiction over compensation claims that have been denied.
Requires the Office of Barter and the Interagency Group on Countertrade to report to the President and the Congress on the feasibility of using barter, countertrade and other self-liquidating finance methods to facilitate the strategic diversification of domestic oil imports through cooperation with the former Soviet Union in the development of its energy resources.
Requires the President to present a status report to certain congressional committees on negotiations with the Organization of American States to establish a Consultative Commission on Western Hemisphere Energy and Environment.
Mandates that, to the extent practicable, specified amounts obligated under this Act by Federal agencies using competitive procedures under Federal law shall be expended either with specified disadvantaged small business concerns, or colleges with certain minority student populations.