S.2166 - National Energy Security Act of 1992102nd Congress (1991-1992)
|Sponsor:||Sen. Johnston, J. Bennett [D-LA] (Introduced 01/29/1992)|
|Latest Action:||02/26/1992 Message on Senate action sent to the House.|
|Major Recorded Votes:||02/19/1992 : Passed Senate|
This bill has the status Passed Senate
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Summary: S.2166 — 102nd Congress (1991-1992)All Bill Information (Except Text)
Passed Senate amended (02/19/1992)
National Energy Security Act of 1992 - Title I: Finding and Purposes - Subtitle A: Findings and Purposes - Sets forth the energy efficiency and development purposes of this Act.
Subtitle B: Climate Protection Goals, Least-Cost Energy Strategy, and Director of Climate Protection - Enumerates the goals of this Act, including establishment in 1992 of an international framework convention on global climate change and international commitment to such convention.
Requires the first National Energy Policy Plan submitted by the President to the Congress to include a least-cost energy strategy prepared by the Secretary of Energy according to specified guidelines.
Directs the Secretary to appoint a Director of Climate Protection, who shall participate annually in the formulation of such strategy.
Subtitle C: Energy Goals - Sets forth national energy goals with respect to: (1) reduction of oil consumption and imports; (2) increased energy efficiency; and (3) increased renewable energy utilization. Directs the Secretary to report periodically to the Congress on U.S. progress towards achieving such goals.
Title II: Definitions - Sets forth definitions used in this Act.
Title IV (sic): Fleets and Alternative Fuels - Subtitle A: Alternative Fuel Fleets - Sets forth: (1) purchase requirements for a Federal fleet of alternative fuel vehicles for 1993 through 1995; and (2) a schedule according to which Federal agencies, when buying, leasing, or otherwise acquiring vehicles for a Federal fleet, must increase the percentage of alternative fuel vehicles in such fleet from 25 percent in 1996 up to 90 percent in 2000 and each year following. Directs the Secretary of Energy (Secretary) to work with the Administrator of General Services (Administrator) and each Federal agency head to plan effective coordination of such acquisitions. Authorizes appropriations.
Mandates State acquisition of alternative fuel vehicles according to the same schedule if specified circumstances prevail. Sets forth a different schedule for private and municipal fleets, rising from 30 percent in 1998 to 70 percent in 2000 and after.
Provides for exemptions from such requirements in specified circumstances.
Requires the Secretary to allocate credits to States or private persons for any vehicles acquired in excess of requirements. Prescribes circumstances in which the Administrator may resell alternative fuel automobiles and light trucks. Directs the Administrator to: (1) promote an alternative fuel vehicle education program for Federal agencies and officials; (2) provide technical guidance to Federal agencies for the placement and procurement of alternative fuel vehicles; and (3) promote intergovernmental coordination of alternative fuel vehicle use. Requires the Postmaster General to coordinate the Postal Service alternative fuel vehicle program with other governmental units. Sets forth a Federal agency incentives awards program to promote alternative fuel vehicle use. Authorizes appropriations for FY 1992 through 1994. Requires the Administrator and the Postmaster General to report annually to the Congress regarding their respective alternative fuel vehicle programs.
Sets forth civil penalties for violations of this subtitle. Authorizes the Secretary to request the Attorney General to bring civil actions to enforce it.
Authorizes the Secretary to delegate administration and enforcement of this subtitle within any State to its Governor if a State program exists. Authorizes appropriations to provide financial assistance to States to which the Secretary delegates such authority. Requires those States whose vehicle fleets are subject to this Act to report to the Secretary within a specified deadline regarding their alternative fuel vehicle incentives program. Authorizes appropriations for a financial assistance program for alternative fuel school bus fleets.
Subtitle B: Electric and Electric-Hybrid Vehicle Demonstration, Infrastructure, Development, and Conforming Amendments - Part A: Electric and Electric-Hybrid Vehicle Demonstration - Electric and Electric-Hybrid Vehicle Demonstration Act - Directs the Secretary to conduct a program to demonstrate electric vehicles, electric-hybrid vehicles, and their assorted equipment. Provides for solicitation and selection of proposals to negotiate up to ten cooperative agreements to receive financial assistance to conduct such demonstrations.
Provides for discount payments to reimburse proposers for giving discounts to vehicle purchasers or lessees.
Requires 50 percent of the costs of a cooperative agreement to be provided from non-Federal sources.
Authorizes appropriations for FY 1992 through 1994.
Part B: Electric and Electric-Hybrid Vehicle Infrastructure Development - Electric Vehicle and Electric-Hybrid Infrastructure Development Act - Directs the Secretary to establish a program for the collection and dissemination of information and data which would be useful to persons seeking to manufacture, sell, lease, own or operate electric and electric-hybrid vehicles. Requires the Secretary to issue guidelines for States and local governmental entities to use in developing comprehensive infrastructure plans to support the deployment of such vehicles.
Requires the Secretary to offer State Governors the opportunity to request and receive technical and financial assistance in formulating comprehensive State infrastructure plans.
Directs the Secretary to undertake cooperative agreements with non-Federal persons, including fleet operators, to provide the infrastructure necessary to support the use of such vehicles. Requires at least 50 percent of costs to be provided from non-Federal sources. Authorizes appropriations for FY 1992 through 1994.
Part C: Amendment to the Alternative Motor Fuels Act - Makes conforming amendments to the Energy Policy and Conservation Act (EPCA) and the Motor Vehicle Information and Cost Savings Act.
Subtitle C: Alternative Fuels - Replacement and Alternative Fuels Act of 1992 - Directs the Secretary to establish a program to promote the development and use of domestically produced replacement and alternative fuels (including liquefied petroleum gas, natural gas, "neat" alcohol, hydrogen, coal-derived liquid fuels, and electricity) to replace conventional petroleum motor fuels. Requires the Secretary to study and determine the feasibility of domestically producing enough such fuels by the year 2010 to replace at least 30 percent of the projected consumption of motor fuel in the United States for that year.
Requires annual demand estimates of the number and geographic distribution of each type of alternative fuel vehicle and the amount of each type of alternative fuel needed.
Requires the Secretary to obtain voluntary commitments from providers of domestic replacement and alternative fuels to produce and offer for public sale sufficient amounts of such fuels to meet demand. Requires the Secretary to: (1) notify the Congress if the amount of such fuels in any area is insufficient to meet demand; and (2) submit a plan of action to require such providers to make adequate supplies available.
Authorizes appropriations for FY 1992 through 1994.
Subtitle D: Mass Transit and Training - Authorizes the Secretary of Transportation to enter into cooperative agreements and joint ventures with local or regional transit authorities in urban areas of over 100,000 population to demonstrate the feasibility and safety of using natural gas or other alternative fuels for mass transit. Mandates that as a prerequisite to such a cooperative agreement or joint venture at least 25 percent of the demonstration costs be borne by the local or regional transit authority. Authorizes the Secretary to grant priority to any entity that demonstrates that the use of alternative fuels for mass transit would have a significant effect on the ability of an air quality region to comply with regulations governing ambient air quality. Authorizes appropriations for FY 1992 through 1994.
Directs the Secretary of the Department of Labor to implement a technician training and certification program for the vehicle installation of equipment that converts gasoline or diesel-fueled vehicles to run solely on alternative fuels. Authorizes appropriations for FY 1992 through 1994.
Title V: Renewable Energy - Subtitle A: CORECT and COEECT - Amends the EPCA to name certain interagency working groups the Committee on Renewable Energy Commerce and Trade (CORECT) and the Committee on Energy Efficiency Commerce and Trade (COEECT). Requires: (1) CORECT to promote the development and application in lesser-developed countries of renewable energy resource products and technologies that promote the use of hybrid fossil-renewable energy systems; (2) COEECT to promote the development and application in such countries of energy efficiency resource products and technologies; and (3) both to provide in-country technical training and financial assistance. Authorizes CORECT and COEECT to establish renewable energy and energy efficiency industry outreach offices in the Pacific Rim and in the Caribbean Basin.
Requires the Secretary to report biennially to the Congress on the range of energy efficiency and renewable energy technologies available to meet the energy needs of developing countries. Authorizes appropriations for FY 1992 through 1994.
Subtitle B: Renewable Energy Initiatives - Amends the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 (REEETCA) to direct the Secretary to solicit proposals and provide financial assistance for joint ventures with respect to: (1) oil and diesel fuel displacement using specified renewable energy sources; and (2) training individuals from developing countries in the United States in the operation and maintenance of renewable energy equipment and of energy efficiency equipment. Authorizes appropriations for FY 1992 through 1994.
Directs the Secretary to solicit proposals and provide financial assistance for at least one joint venture for a utility-scale photovoltaic project of at least ten megawatts.
Amends REEETCA to direct the Secretary to enter into buy-down agreements with private lenders to pay the Federal share of the interest on loans to certain qualified borrowers to finance the manufacture, construction, or acquisition of equipment that principally utilizes a renewable energy technology. Authorizes appropriations for FY 1992 through 1994.
Amends REEETCA to: (1) direct the Advisory Committee on Renewable Energy and Energy Efficiency Joint Ventures to assess for the Secretary the implementation of a specified joint venture program to further commercialization of renewable energy and energy efficiency technologies; and (2) direct the Secretary to prepare a revised three-year national renewable energy and energy efficiency management plan to be submitted triennially to the Congress at the time of the President's annual budget submittal.
Directs the Secretary to report to certain congressional committees an evaluation of opportunities to minimize waste from processes in U.S. industries.
Amends EPCA to include among the optional features of proposed State energy conservation plans: (1) support for renewable energy and energy efficiency project feasibility studies that facilitate access to capital and credit; and (2) programs that promote the voluntary use of renewable energy technologies for eligible participants in Department of Agriculture programs, including the Rural Electrification Administration and the Farmers Home Administration.
Establishes certain facilities and equipment located at Keahole Point, Hawaii as the Spark M. Matsunaga Renewable Energy and Ocean Technology Center to carry out research, development, and technology transfer activities on solar and renewable energy, energy storage, and related matters. Authorizes appropriations.
Directs the Secretary to establish: (1) a program to reward outstanding achievements in specified renewable energy technologies with awards of up to $5,000,000; and (2) a milestone for technical achievement for the year 2010 for each such technology. Authorizes appropriations.
Amends REEETCA to provide that the goal of the Renewable Energy Research Program shall be to advance research and development of ethanol production. Authorizes appropriations. Authorizes the Secretary to transfer selected programs from the Biofuels Energy Systems programs to the Renewable Energy Research Program.
Requires the Secretary of Housing and Urban Development to establish the Solar Assistance Financing Entity (SAFE) to assist in financing solar and renewable energy building technology applications through increased loan amortizations. Declares schools and hospitals eligible for such loans. Authorizes appropriations for FY 1993 through 1995.
Subtitle C: Hydropower - Amends the Federal Power Act to direct the Federal Energy Regulatory Commission (FERC) to: (1) establish procedures for the earliest identification and performance of all requisite studies and analyses regarding license applications; (2) enter into a memorandum of understanding with each Secretary under whose supervision a reservation falls which provides for specified coordinated licensing procedures; and (3) enter into memoranda of understanding with all relevant Federal agencies to establish consolidated review procedures under the National Environmental Protection Act of 1969 (NEPA) regarding Federal actions affecting hydroelectric projects under its jurisdiction.
Requires the Secretary to study and report to certain congressional committees on cost-effective opportunities to increase hydropower production at existing federally-owned or -operated water regulation, storage, and conveyance facilities. Authorizes appropriations for FY 1992 through 1994.
Directs the Secretary of the Interior to study and implement water use efficiency measures at Federal reclamation projects in order to increase hydropower production, make more efficient use of project power, and provide more water for fish and wildlife. Authorizes the Secretary to design, construct and operate water conservation features that the Secretary and the Administrator of the Bonneville Power Administration determine appropriate at Federal reclamation projects in the Pacific Northwest Region.
Removes Federal licensing jurisdiction over: (1) hydroelectric projects on fresh waters in Hawaii; and (2) three specified hydroelectric projects in Alaska. Extends the time for project development for two specified hydropower projects in Arkansas.
Authorizes the Secretaries of the Interior and of the Army to design, construct and operate generation additions and modifications at their respective Federal projects in the Pacific Northwest Region.
Title VI: Energy Efficiency - Subtitle A: Industrial, Commercial and Residential - Amends ECPA to require the Secretary of Energy to issue, and periodically review and upgrade, a Federal building code to assure that all new Federal buildings (as well as all congressional buildings) and buildings receiving Federal mortgages include energy efficiency measures that are technologically feasible and economically justified. Requires the Secretary to support the upgrading of an industry voluntary building energy code for new residential and commercial buildings. Directs the Secretary to provide incentive funding to States which adopt building energy codes at least as stringent as those of industry voluntary building codes. Authorizes appropriations.
Amends the National Energy Conservation Policy Act (NECPA) to direct the Secretary to issue voluntary guidelines for use by States, local organizations and others to develop energy rating systems for residential buildings. Requires the Secretary to provide technical assistance to State and local organizations to encourage adoption of residential energy efficiency rating systems based on such guidelines.
Amends the Cranston-Gonzalez National Affordable Housing Act to provide for notifying homebuyers of the availability of energy efficient mortgages providing financial incentives for the purchase of energy efficient homes at the time of mortgage application. Directs the Secretary of Housing and Urban Development and the Secretary of Veterans Affairs to jointly establish an energy efficient mortgage pilot program.
Requires the Secretary to assess the energy performance of manufactured housing and make recommendations to the National Commission on Manufactured Housing about thermal insulation and technically feasible and economically justified energy efficiency improvements applicable to such housing. Requires the Commission to make its own recommendations to the Secretary of Housing and Urban Development. Requires the Secretary of Energy to test the performance and cost-effectiveness of manufactured housing built to established energy efficiency standards.
Directs the Secretary to pursue a research and development program and a joint venture program to improve efficiency in energy-intensive industries and industrial processes. Authorizes appropriations for FY 1992 through 1994.
Requires the Secretary to make triennial reports to the Congress evaluating energy efficiency policy options and their potential to decrease overall U.S. energy use and oil consumption per unit of GNP.
Directs the Secretary to establish voluntary guidelines for the conduct of energy audits and the installation of insulation to achieve cost-effective increases in energy efficiency in industrial facilities. Authorizes appropriations for a program of education and technical assistance to promote the use of such guidelines.
Requires the Secretary to provide financial and technical assistance to support the voluntary development of a national window rating program to establish energy efficiency ratings for windows and window systems. Authorizes appropriations for FY 1992 through 1994. Directs the Administrator of the Energy Information Administration to expand the scope and frequency of data collection under the National Energy Information System in order to improve the ability to evaluate the effectiveness of energy efficiency policies and programs.
Directs the Secretary to provide financial and technical assistance to support voluntary development of a national energy efficiency rating program for luminaires. Directs the Federal Trade Commission to prescribe labeling rules for them. Authorizes appropriations for FY 1992 through 1994.
Adds commercial air conditioning and heating equipment, warm air furnaces, packaged boilers, storage water heaters, instantaneous water heaters and unfired hot water storage tanks to the appliance efficiency program. Requires the Secretary to study and report to the Congress on the practicability and cost-effectiveness of upgrading utility distribution transformers at the time of their routine maintenance. Directs: (1) the Secretary to support the development of a voluntary labeling system for commercial office equipment; or (2) the Federal Trade Commission to develop such a program if one is not developed voluntarily within two years. Authorizes appropriations.
Amends EPCA to establish a specified standard for showerheads manufactured after July 1, 1992, unless the American National Standards Institute (ANSI) publishes a different standard before March 1, 1992, in which case the ANSI standard shall apply. Preempts State and local showerhead flow rate standards and labeling requirements.
Directs the Secretary to study and report to the Congress on the cost-effectiveness, technical performance, energy efficiency, and environmental impacts of active noise and vibration cancellation technologies that use fast adapting algorithms.
Delineates energy conservation standards for: (1) commercial and industrial electric motors; (2) small electric motors; and (3) specified kinds of lamps, including high-intensity discharge lamps.
Directs the Secretary to report to the Congress on the potential for development and commercialization of appliances which substantially exceed Federal or State efficiency standards.
Subtitle B: Federal Energy Management - Directs the Office of Management and Budget to establish Federal energy cost accounting and management guidelines for buildings or facilities where the Government pays utilities separate from the lease and operates the leased space. Requires the Administrator of General Services to report to certain congressional committees on the estimated energy cost of leased facilities in which the Federal Government does not directly pay the utility bills.
Requires the United States Postal Service (USPS) to adopt regulations to ensure accurate accounting of energy consumption costs for facilities it owns, leases, operates or manages.
Directs the President to include in each budget submitted to the Congress a separate statement of the amount of appropriations requested on an agency basis, for incurred energy costs for facility operation and maintenance, and for statutory compliance.
Requires the Chief Postal Inspector, and each Inspector General created to conduct audits and investigations of specified establishments, to identify agency compliance with certain statutory energy conservation goals. Requires the President's Council on Integrity and Efficiency to report to certain congressional committees on the reviews conducted by such Inspectors General.
Requires the General Services Administration (GSA) to hold biennial conference workshops in each standard Federal region on intergovernmental energy management planning and coordination. Authorizes appropriations. Directs GSA to include energy efficient products on certain Federal procurement schedules, and designate those products which offer significant potential savings. Requires the Office of Federal Procurement Policy to issue guidelines which encourage Federal agency acquisition of such products. Directs the USPS to implement an identification and procurement program for energy efficient products in its facilities. Requires the Administrator of GSA to submit biannual status reports to the Congress regarding the energy efficient products on Federal procurement schedules.
Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of GSA to deposit into the Federal Buildings Fund amounts received from cash incentives related to energy savings and the sale of recycled materials, and to use such funds for energy efficiency programs.
Sets forth a Federal energy management training program and implementation scheme for the Department of Defense and specified Federal agencies to upgrade their energy management capabilities.
Requires the Secretary to establish a financial award program to reward outstanding facility energy managers in Federal agencies, including the USPS, who make outstanding contributions towards reducing energy consumption or costs. Authorizes appropriations.
Amends the Federal Energy Management Improvement Act of 1988 to direct the Secretary to implement an energy survey determining barriers which may prevent an agency's ability to comply with specified statutory energy management goals.
Requires the USPS to conduct an energy survey of all the buildings it owns or leases and report the results to specified congressional committees. Requires the Secretary (and, independently, the USPS as well) to consider Federal (or USPS) building energy consumption targets for January 1, 2000.
Authorizes Federal agency participation in energy conservation programs conducted by gas and electric utilities. Directs the Administrator of GSA and the USPS to report periodically to certain congressional committees regarding implementation of the Federal energy management program.
Amends NECPA to require each Federal agency to install energy conservation measures with payback periods of less than ten years in all Federal buildings under its control. Requires the Secretary to establish a demonstration program to install in federally owned facilities energy efficiency technologies which are ready for commercial demonstration and which were developed with Federal financial assistance. Authorizes appropriations for FY 1993 through 1995. Provides for funding of such Federal energy efficiency projects. Authorizes appropriations.
Requires the Architect of the Capitol to conduct a feasibility and cost-benefits study regarding compliance of all facilities under the Architect's jurisdiction with certain statutory energy conservation mandates.
Requires the Secretary to evaluate and report to the Congress on the potential use of Federal purchasing power to promote development and commercialization of energy efficient products. Authorizes appropriations.
Requires the USPS to install in all facilities under its control energy conservation measures with payback periods of less than ten years.
Amends NECPA to require energy savings performance contracts which require annual energy audits and specify the terms of any government payments and performance guarantees.
Declares that whenever the Federal Government establishes a new requirement or initiates a new procurement for specified electrical products, preference must, where cost effective, be given to the most energy efficient products.
Directs the Secretary to: (1) establish within the Department of Energy an Energy Analysis and Diagnostic Centers program to assist qualifying commercial and industrial facilities to conserve energy and reduce operating costs by applying efficient technologies; and (2) make energy audit teams available to all Federal agencies.
Requires each Federal agency to establish criteria for energy efficiency improvement in Federal facilities operated by Federal contractors.
Subtitle C: Utilities - Amends the Public Utility Regulatory Policies Act of 1978 to permit State-regulated electric utilities to charge rates that will make their investments in energy efficiency and conservation measures as profitable as their investments in new facilities construction. Requires a State regulatory authority, if implementing an energy conservation or efficiency standard, to: (1) consider the impact implementation would have on small businesses engaged in the design, sale, supply. installation or servicing of energy conservation or efficiency or other demand side management measures; and (2) implement the standard so as to assure that utility actions would not provide such utilities with unfair competitive advantages over such small businesses.
Requires the Secretary to report to the President and the Congress on: (1) the extent to which State-regulated electric utility rates reflect least-cost planning; (2) specified effects of least-cost planning; (3) the extent to which ratemaking methodologies implementing least-cost planning take into account the impact of such measures upon electric utilities' rate of return on investment; and (4) a Federal Trade Commission analysis of the competitive impact of energy conservation, energy efficiency, and other demand side management programs by utilities on small businesses engaged in the design, sale, supply, installation or servicing of similar measures.
Prescribes guidelines for conservation grants to State regulatory authorities. Authorizes appropriations for FY 1992 through 1994.
Requires the Southwestern Power Administration (SWPA) and the Southeastern Power Administration (SEPA) (known collectively as PMAs) to consider, as a condition of any future power contract with a nonregulated utility customer, to require such a customer to implement integrated resource planning. Requires the Tennessee Valley Authority (TVA) to employ integrated resource planning in exercising its functions.
Subtitle E (sic): State, Local, Insular, and Tribal Energy Assistance - Sets forth guidelines for Federal financial assistance to Insular area governments for renewable energy and energy efficiency measures to reduce their dependence on imported fuels.
Amends EPCA to authorize the Secretary to provide up to $1,000,000 to States to capitalize a State revolving fund to undertake energy efficiency projects in State and local government buildings in those States which have demonstrated a commitment to improve building energy codes.
Amends ECPA to authorize the Secretary to provide supplemental grants to Weatherization Program grant recipients to cover: (1) the costs of arranging private sector contributions to the program; and (2) the costs of evaluating performance measures, producing and exchanging information, and conducting training programs (technical transfer grants). Authorizes appropriations.
Amends EPCA to authorize existing State Energy Conservation Programs to use Federal funds to assist in training building designers and contractors in energy system, energy efficiency, and renewable energy technologies.
Authorizes the Secretary to make competitive supplemental grants under the existing State Energy Conservation Programs to increase public understanding of energy issues or to provide teacher training in energy education. Authorizes appropriations.
Authorizes the Secretary to grant financial assistance to tribal governments to plan and implement energy efficiency and renewable energy projects.
Amends EPCA to require State Energy Conservation Plans to provide for vehicles to turn left from a one-way street into a one-way street at a red light as a condition for receipt of Federal funding.
Amends ECPA to include solar thermal water heaters and wood heating appliances in the Federal weatherization assistance program for low-income persons. Permits proposed State energy conservation plans seeking Federal assistance to include building retrofit standards.
Directs the Secretary of Energy, in conjunction with the Secretary of the Interior, to implement a demonstration program to assist Indian tribes to develop a vertically integrated energy industry on Indian reservations. Authorizes appropriations for FY 1992 through 1994.
Subtitle F: LIHEAP Options Pilot Program - Energy Options Study Act of 1992 - Directs the Secretary of Health and Human Services (HHS) to study and report to the Congress on the advantages and disadvantages of using futures and options contracts for fuel as a means of protecting funds under the Low-Income Energy Assistance Act of 1981 (LIHEAP funds) from large price increases in fuels.
Authorizes the Secretary to conduct: (1) a pilot program in cooperation with one or more governmental or tribal fund recipients in which the recipient uses futures and futures options in its fuel assistance program; and (2) a pilot program to educate governmental entities and consumer cooperatives on the prudent and effective use of such futures and futures options to increase their protection against unexpected fuel price surges. Authorizes appropriations for FY 1992 through 1994.
Amends EPCA to direct the Secretary to provide financial and technical assistance to not more than four States or regional consortia of States to prepare sustainable energy transition strategies according to prescribed parameters.
Directs the Secretary to make grants to States which: (1) require utilities to provide financial and technical assistance to covered industries (food and food products industry, lumber and wood products industry, petroleum and coal products industry, and other specified manufacturing industries); and (2) offer incentives to utilities to provide such assistance.
Directs the Secretary to establish a nationwide directory of organizations experienced in emerging energy efficiency waste reduction technologies.
Subtitle G: Consultative Commission on Western Hemisphere Energy and Environment - Authorizes the President to initiate negotiations with certain countries for the establishment of a multinational Consultative Commission on Western Hemisphere Energy and Environment to explore the economic interdependence among the countries of North America and the Western Hemisphere with respect to energy and environmental issues. Requires a progress report to the Congress.
Title VIII (sic): Advanced Nuclear Reactor Commercialization - Civilian Advanced Nuclear Reactor Commercialization Act of 1992 - Directs the Secretary of Energy to implement a comprehensive advanced nuclear reactor research, development, and demonstration program that will lead to commercialization of advanced reactor technologies after 1996. Requires the Secretary of Energy to submit to the Congress a detailed five-year plan to carry out such program.
Directs the Secretary to conduct a program of technical and financial assistance to encourage the development and submission for certification of advanced light water reactor designs which can be certified by the Nuclear Regulatory Commission (NRC) by the end of 1995. Provides for cooperative and cost-sharing agreements with private parties which seek such certification. Requires annual progress reports to the Congress from the Secretary and the NRC.
Requires the Secretary to solicit proposals to carry out the preliminary engineering design of one or more prototype advanced nuclear reactor technologies (other than an advanced light water reactor) necessary to support a decision on whether to recommend construction of a full-scale prototype demonstration using such a technology. Requires the Secretary to make a recommendation by January 31, 1996, on whether to build such a prototype demonstration reactor.
Title IX: Nuclear Reactor Licensing - Nuclear Reactor Licensing Act of 1992 - Amends the Atomic Energy Act of 1954 to require the NRC to hold a hearing before granting a combined license to construct and operate a nuclear reactor. Requires a combined license to set forth all the inspections, tests, analyses, and acceptance criteria necessary to establish that the plant, once built, is safe to operate. Requires the NRC to ensure that all such requirements are satisfied.
Provides for post-construction hearings on combined licenses to determine whether requirements have been met. Authorizes the NRC to allow a plant to operate under a combined licensed pending a post-construction hearing unless it appears unsafe to do so. Requires post-construction hearings to be informal unless the NRC determines formal proceedings are necessary to resolve factual disputes. Authorizes the NRC to amend a combined license and permit a plant to operate pending a hearing on the amended license if the amendment does not raise significant safety issues.
Title X: Uranium - Subtitle A: Uranium Enrichment - Uranium Enrichment Act of 1992 - Amends the Atomic Energy Act of 1954 to repeal the existing statutory contracting requirements applicable to uranium enrichment enterprises.
Establishes the United States Enrichment Corporation as a wholly-owned Government corporation to conduct uranium marketing and enrichment activities as a commercial, profitable, self-financing enterprise. Sets forth the Corporation's corporate office and powers and vests its management in an Administrator (appointed by the President with the advice and consent of the Senate). Grants the Secretary of Energy general supervision over such Administrator only with respect to national security and health and environmental concerns. Establishes a Corporate Board whose members shall be appointed by the President, and who shall advise the Administrator and the Secretary regarding Corporation matters. Prescribes guidelines for: (1) Corporation personnel; (2) certain property transfers from the Department of Energy; (3) the Corporation's capital structure; and (4) Corporation pricing policies, including user charges for decommissioning, decontamination, and remedial activities.
Requires the Corporation to make annual status reports to certain congressional committees, the President, and the Secretary.
Prescribes licensing and taxation guidelines for the Corporation. Sets guidelines for payments in lieu of taxes by the Corporation to States and local governments. Requires the Administrator to make recommendations to the President and the Congress by specified dates regarding the transfer of the Corporation's functions and assets to private ownership.
Establishes the Uranium Enrichment Decontamination and Decommissioning Fund to cover the Corporation's decommission and decontamination expenses.
Applies Federal environmental and occupational safety and health law to the Corporation as though it were privately owned. Exempts the Corporation from sequestration because the maximum deficit amount has been exceeded under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
Prohibits the Corporation's total FY 1991 expenditures from exceeding its total FY 1991 receipts.
Subjects to the licensing provisions of the Atomic Energy Act of 1954 any uranium enrichment production facility using Atomic Vapor Laser Isotope Separation (AVLIS) technology.
Subtitle B: Uranium - Part 1: Short Title, Findings and Purpose, Definitions - Uranium Security and Tailings Reclamation Act of 1992 - Sets forth findings, purposes, and definitions of this title.
Part 2: Uranium Revitalization - Directs the Corporation to establish for a minimum five-year period a voluntary overfeeding program to be made available to its enrichment services customers. ("Overfeeding" means the use of uranium in the enrichment process in excess of the amount required at the transactional tails assay, thus reducing customers' power costs). Provides that the resultant savings shall be credited to such customers.
Establishes the National Strategic Uranium Reserve, consisting of 50,000,000 pounds of natural uranium, to be restricted to military purposes and Government research under the control of the Secretary.
Confers continuing responsibility upon the Secretary for promotion of the domestic uranium industry, but without using any supervisory authority over the Corporation. Directs the Secretary to develop recommendations and implement Government programs promoting domestic uranium exports.
Restricts all uranium purchases by Federal entities to uranium purchased from domestic producers. Exempts the Tennessee Valley Authority from such restriction.
Part 3: Remedial Action for Active Processing Sites - Provides that remedial action costs such as decontamination, decommissioning, and reclamation at an active uranium or thorium processing site shall be borne by specified licensees for any activity resulting in byproduct material. Sets forth a reimbursement schedule for: (1) individual active site uranium licenses; (2) all active site uranium licensees; and (3) thorium licensees. Directs the Secretary to promulgate regulations governing such reimbursement.
Part 4: Import of Uranium, Enriched Uranium, and Uranium Enrichment Services - Directs the President to report to the Congress what actions he plans to take in response to a certain International Trade Commission report assessing the impact of uranium transactions and uranium enrichment services by nonmarket economy countries on the domestic uranium enrichment industry.
Requires the owner or operator of any civilian nuclear power reactor to report annually to the Secretary, (acting through the Administrator of the Energy Information Administration) on the country of origin and the seller of any uranium, enriched uranium, or enrichment services the owner or operator has imported or purchased during the previous fiscal year. Requires such information to be made available to specified congressional committees.
Directs the Secretary to encourage States and utility regulatory authorities to consider the objectives of this part, including the national need to avoid dependence on imports, when considering whether to allow electric power plant owners or operators to recover in customer rates and charges any cost of domestic uranium, enriched uranium, or enrichment services from a non-affiliated seller greater than the cost of such items from non-domestic sources.
Authorizes the Secretary or the United States Enrichment Corporation to buy enriched uranium from other sources of enriched uranium at prices below, respectively, Department of Energy, or Corporation production costs if such purchases are necessary to reduce production costs and maintain competitive prices.
Title XI: Natural Gas - Amends the Natural Gas Act to authorize an optional certificate (OC) of public convenience and necessity for the construction and operation of interstate natural gas pipelines. Directs FERC to issue OCs without a hearing if applicants are willing to accept terms and conditions attached to the certificate, including a prohibition on the recovery of OC facility costs in the rates for other facilities or services. Replaces the ordinary rate review procedure with a special complaint procedure in such instances. Requires FERC to conduct a hearing on the record about a proposed OC construction if such construction would result in the displacement of sales or transportation service being provided by a local distribution company (LDC).
Amends the Natural Gas Policy Act of 1978 to authorize FERC to permit: (1) any interstate pipeline to transport natural gas; and (2) the construction of natural gas transportation facilities for interstate commerce. Requires FERC to conduct a hearing on the record about a proposed OC construction if such construction would result in the displacement of sales or transportation service being provided by a local distribution company (LDC). Requires FERC and all relevant Federal agencies to enter into memoranda of understanding which will establish procedures for a consolidated NEPA review of Federal actions affecting the authorization of natural gas facilities subject to FERC jurisdiction. Authorizes FERC to permit: (1) contractors or consultants selected from a FERC approved list and paid by the certificate applicant to prepare required environmental impact statements and related documents; and (2) the certificate applicant, or a contractor, consultant, or other person selected by the applicant, to prepare an environmental assessment. Declares that any environmental review undertaken by FERC under NEPA, or by a project sponsor, must include facilities subject to the Natural Gas Act and National Gas Policy Act of 1969, but will not include any related nonjurisdictional facilities unless FERC's control and responsibility over them is sufficient to cause the private action to become a Federal action.
Directs FERC to amend its exparte communications rules to state that their prohibitions do not apply to communications between FERC's environmental advisory staff and other Federal and State agencies that are cooperating agencies for NEPA compliance purposes.
Sets forth administrative procedures for rates and charges, utilization of rulemaking procedures, and review of FERC orders. Declares that, in any civil action under the antitrust laws, the formation or operation of an independent producer cooperative shall be legal if anticompetitive effects substantially outweigh the procompetitive effects.
Declares that certain activities related to the sale and distribution of vehicular natural gas (VNG) shall not bring entities currently exempt from Natural Gas Act jurisdiction under such jurisdiction. Provides that persons not otherwise public utilities may sell or transport VNG without becoming subject to the jurisdiction of State laws in effect before January 1, 1989. States the VNG activities alone shall not subject a company to regulation under the Public Utility Holding Company Act of 1935 (PUHCA) or change the status of companies already registered as gas utility companies.
Provides for streamlining of the certificate issuance procedure, especially with respect to repair and replacement facilities, unopposed applications, evidence of need, and phased consideration of certificate applications.
Authorizes FERC to order an interstate pipeline to interconnect with a production or gathering facility, or an intrastate or OC pipeline in the production area.
Authorizes FERC, after a hearing, to exempt the natural gas cost component of a pipeline's rates from regulation after finding that the pipeline provided comparable transportation service and served a competitive market.
Amends the Powerplant and Industrial Fuel Use Act of 1978 to repeal the requirement that the President report annually to the Congress regarding conservation in Federal facilities, contracts and financial assistance programs.
Title XII: Outer Continental Shelf - Subtitle A: Coastal Communities Impact Assistance - Amends the Outer Continental Shelf Lands Act to establish in the Treasury the Coastal Communities Impact Assistance Fund for payments to eligible coastal States and counties for air quality, water quality, fish and wildlife, wetlands, or other coastal resource projects and activities.
Subtitle B: Coastal Resources Enhancement Fund - Establishes in the Treasury the Coastal Resources Enhancement Fund for the award of a Coastal Resources Enhancement Block Grant to each coastal State for: (1) amelioration of adverse environmental impacts resulting from energy facilities; and (2) air quality, water quality, fish and wildlife, wetlands, or other coastal resource projects and activities.
Subtitle C: Relationship to Other Law - Sets forth the relationship of the funds to other statutory payments made to a State.
Subtitle D: Prohibition of Leasing and Preleasing Activity - Prohibits the Secretary of the Interior, until after January 1, 2000, from preparing for, or conducting any preleasing or leasing activity under the Outer Continental Shelf Lands Act with respect to: (1) the North Atlantic Planning Area and the Washington and Oregon Planning area; (2) the areas seaward from California and from New Jersey; and (3) a specified offshore Florida area. Authorizes the Secretary to cancel and buyback specified offshore Florida leases. Terminates such authority on December 31, 1993. Directs the Secretary to report to certain congressional committees regarding the alternatives for exchanging such leases for any other Federal land interests as a means of compensating for the cancellation of such leases.
Title XIII: Research, Development, Demonstration and Commercialization Activities - Directs the Secretary to: (1) establish priorities according to prescribed criteria for energy research and development and commercialization; and (2) submit to the Congress an accompanying management plan which shall be revised biennially.
Requires the Secretary to implement a program: (1) promoting the development and commercialization of new and advanced natural gas utilization technologies; (2) of research and development to increase the recoverable natural gas resource base; (3) of research, development, and commercialization of specified high efficiency heat engines; (4) of research and development of oil shale; (5) of research on extracting oil from western oil shales (including, if appropriate, establishment of at least one field testing center); and (6) of research, development, and demonstration of a high-temperature superconducting electric power system. Authorizes appropriations for FY 1992 through 1994.
Amends REEETCA to repeal the authorization limitations for: (1) renewable energy research and development programs; and (2) energy efficiency research and development programs.
Directs the Secretary to expand or institute programs of research, development, and demonstration for: (1) natural gas and electric heating and cooling technologies for residential and commercial buildings; (2) fusion energy that leads to electricity production after the year 2010; (3) techniques related to improving electric vehicles, electric-hybrid vehicles, and battery technology; and (4) increased economic recoverability of domestic oil resources including both advanced secondary oil recovery and tertiary oil recovery. Authorizes appropriations for FY 1992 through 1994.
Directs the Secretary to study and report to the Congress on: (1) the development potential of domestic tar sands sources; (2) the potential costs and benefits of telecommuting; (3) the potential for minimizing the volume and toxic lifetime of nuclear waste; and (4) the adequacy of current programs and plans of nuclear waste management. Authorizes appropriations.
Directs the Secretary to enter into agreements with qualified entities to provide post-secondary science and mathematics education programs for low-income and first generation college students. Authorizes appropriations.
Amends the Nuclear Waste Policy Act of 1982 to extend the termination date for the Office of the Nuclear Waste Negotiator from 1992 to 1993. Directs the Secretary of Energy to study and report to the Congress on energy subsidies. Authorizes appropriations for FY 1993 and 1994. Directs the Secretary to: (1) establish the Midcontinent Energy Research Center at the University of Kansas; and (2) implement research and demonstration programs to increase the recoverable crude oil resource base. Authorizes appropriations.
Title XIV: Coal, Coal Technology, and Electricity - Subtitle A: Coal and Coal Technology - Requires the Secretary to conduct: (1) an advanced coal-based technology research and development program aimed at controlling sulfur and nitrogen oxides at greater proficiency levels (and report periodically to the Congress on the program's status); (2) a research and development program on technologies for non-fuel use of coal (after first submitting a plan to the Congress); (3) a research, development, demonstration, and commercialization program for coal refining technologies; (4) a research, development, and demonstration program for underground coal gasification technology for in-situ conversion of coal to a cleaner burning, easily transportable gaseous fuel; (5) a low-rank coal research and development program; (6) a proof-of-concept program in magnetohydrodynamics; and (7) a research, development, and demonstration program for using ultra-clean coal-water slurry in diesel locomotive engines. Requires the Secretary to submit to certain congressional committees a plan for the export of U.S. coal. Authorizes appropriations for FY 1992 through 1994.
Establishes the Clean Coal Technology Export Coordinating Council (Council) to: (1) expand the export and use of clean coal technologies (especially in lesser developed countries); and (2) develop a comprehensive data base and information dissemination system regarding their potential need and availability. Authorizes appropriations for FY 1992 through 1994.
Requires the Secretary to report to certain congressional committees regarding the status of technologies for combining coal with other materials, such as oil and water fuel mixtures.
Directs the Secretary to: (1) establish a national clearing house for the exchange and dissemination of technical information on technology relating to coal and coal-derived fuels; and (2) study and report to the Congress on the institutional, legal, and regulatory barriers to increased use of coal combustion byproducts by potential governmental and commercial users. Authorizes appropriations for FY 1992 through 1994 for the clearinghouse.
Directs the Secretary to: (1) establish a data base containing all transportation rates for specified modes of transporting domestic coal for a certain period; (2) study the rates and distribution patterns of domestic coal to determine the impact of Federal policies upon such patterns; and (3) report the data base and study results to the Congress.
Amends the Surface Mining Control and Reclamation Act of 1977 to increase the maximum size of small coal operators eligible to have specified regulatory tests and drilling costs assumed by the regulatory authority. Directs the Secretary of the Interior to provide or assume the cost of training such operators with respect to regulatory compliance. Requires a coal operator whose annual coal production exceeds the statutory maximum for the period immediately following permit issuance to reimburse the regulatory authority for the cost of services rendered.
Subtitle B: Electricity - Requires the Secretary to study and report to the Congress on physical impediments to the transfer of excess electrical energy from regions with surplus electrical energy to regions experiencing shortages.
Declares that State regulatory authorities are not required to base calculations of avoided cost, under the Public Utility Policies Act (PURPA), on the rates for or the costs of demonstration projects under the Federal clean coal technology program.
Directs FERC to complete a rulemaking to establish a demonstration program for regulatory incentives to promote the development of clean coal technologies and other innovative control technologies that limit power plant emissions. Requires FERC to establish a process for negotiating with potential developers of such technology projects to agree upon cost caps for future projects and preapproval of expenses for those projects if the expenses fall within the agreed-upon cap. Encourages States to provide additional incentives for the implementation of clean coal technologies, and requires FERC to give priority in incentive rate treatment to units located in States with incentive programs. Requires the Secretary to report to the Congress on progress in encouraging State regulatory authorities to provide such incentives.
Subtitle C: Innovative Technology Transfer - Directs the Secretary of Energy to undertake a clean coal and renewable energy technology transfer program designed to encourage the use of U.S. technologies in commercial demonstration energy technology projects proposed by U.S. firms in host nations. Sets forth program parameters. Requires the Secretary to submit annual status reports regarding such program to the Congress. Deems conventional U.S. coal technology to be a clean coal technology if the conventional technology would constitute a substantial improvement in efficiency, cost, and environmental performance relative to the energy technology being used in a less developed country with significant indigenous coal resources.
Title XV: Public Utility Holding Company Act Reform - Defines an "exempt wholesale generator" (EWG) as a corporate entity: (1) engaged exclusively in the business of owning or operating all or part of one or more eligible facilities and selling electric energy at wholesale; and (2) exempt from corporate organizational restrictions under PUHCA. Permits registered utility holding companies, exempt utility holding companies, non-utilities, and other companies not currently subject to PUHCA to own EWGs without limitation.
Declares that the Securities and Exchange Commission (SEC) shall continue to have jurisdiction over: (1) the issuance of securities by a registered utility holding company in order to finance the acquisition of an EWG; (2) the guarantee of securities of an EWG by such a holding company; and (3) service, sales and construction contracts between an EWG and such a holding company, including the creation or maintenance of any other relationship (except ownership).
Prohibits FERC from approving a rate or charge for the sale of electricity by EWGs: (1) where a State commission would use the purchase of such electricity as the basis for not permitting recovery of existing capital investment by the purchasing utility (stranded investment); or (2) where the wholesale purchaser is merely a broker interposed for purposes of making an indirect sale to an industrial or other retail customer (sham wholesale transaction, also known as "cherry picking").
Declares that an electric utility company may not enter into a contract to purchase electric energy at wholesale from an EWG if the EWG is an affiliate or associate company, unless every State commission having jurisdiction over the retail rates of such electric utility company specifically determines in advance of the contract that the transaction will benefit consumers, is in the public interest, and does not violate any State law (including, where applicable, least cost planning). Declares that any rate or charge for the wholesale sale of electricity in interstate commerce by an EWG shall not be considered just and reasonable if it allows the EWG to receive undue advantage resulting from the fact that the purchaser is an affiliate or associate company of the EWG. Prohibits reciprocal arrangements among companies that are not affiliates or associate companies of each other that are entered into to avoid these provisions.
Amends the Federal Power Act to grant State commissions (in accordance with State law) the authority to allow or disallow the inclusion of the costs of electric energy purchased at wholesale or retail rates subject to their jurisdiction, except in certain instances involving allocation of power costs within registered utility holding company systems. Extends such authority within such systems in instances involving purchase of power from EWGs.
Amends PURPA to require State commissions to analyze the effects and utility purchasers of the use of leveraged capital structures by wholesale sellers of power (including ERGs) and the adequacy of fuel supplies employed by such sellers. Requires State commissions to consider reflecting the results of such analysis in approving or disapproving wholesale electricity purchases.
Grants each affected State commission continuing and periodic access to relevant EWG records, including those of an electric utility company that is an affiliate or associate of such EWG. Declares that all such records shall be open to public inspection and subject to the same legal processes as comparable electric utility company records.
Permits a public utility holding company to own interests in qualifying cogeneration facilities and qualifying small power production facilities.
Title XVI: Strategic Petroleum Reserve - Amends EPCA to add the Strategic Petroleum Reserve Enhancement Act of 1992. Directs the President to enlarge the Strategic Petroleum Reserve (SPR) to 1,000,000,000 barrels as rapidly as possible.
Authorizes the Secretary of Energy to create a 10,000,000 barrel Defense Petroleum Inventory (DPI). Authorizes the President, acting through the Secretary, to: (1) acquire petroleum products for storage in the SPR or the DPI from foreign governments without competitive procurement; and (2) contract, without regard to certain provisions of EPCA and other Federal law, for storage in the SPR or the DPI of petroleum products owned by foreign governments.
Authorizes the President to direct: (1) the Secretary of Energy to acquire domestic oil produced from stripper well properties for storage in the SPR or the DPI if declines in domestic oil production threaten the national security; and (2) the Secretary of the Interior to provide incentives for conservation of oil produced from stripper wells located upon public lands.
Authorizes the Secretary of Energy to acquire and maintain DPI-associated storage facilities to accommodate specified crude oil requirements of the Department of Defense. States that such acquisition shall not be counted as part of the SPR. Directs the Secretary of Energy to drawdown and distribute DPI oil inventories according to prescribed guidelines if requested to do so by the Secretary of Defense.
Title XVII: Stratospheric Ozone Depletion - Expresses the sense of the Senate that the Administrator of the Environmental Protection Agency should: (1) accelerate the phaseout schedules of specified ozone-destroying chemicals; and (2) prioritize efforts to issue regulations providing for the recapture and recycling of ozone-destroying substances and for their elimination in non-essential consumer products.
Expresses the sense of the Senate that the President should urge the Contracting Parties to the Montreal Protocol to: (1) accelerate the phaseout schedules of ozone-destroying chemicals (including certain hydrochloroflurocarbons); (2) include recapture and recycling provisions and to prohibit release of such chemicals from refrigeration and air conditioning units into the atmosphere by a certain date; and (3) accelerate the compliance of developing countries with the terms of the Protocol.
Title XVIII: Indian Energy Resource Development Commission - Indian Energy Resource Development Commission Act of 1992 - Establishes the Indian Energy Resource Development Commission to develop and report to the President and the Congress proposals and recommendations with respect to Indian lands and: (1) obstacles to the development of energy resources; (2) the dual taxation of mineral resources extraction; (3) vertical integration of energy resource development; (4) the administration and auditing of oil and gas royalties; and (5) taxation incentives to promote energy resources development (including investment tax credits and enterprise zone credits). Terminates the Commission after submission of its report.
Title XIX: General Provisions - Expresses the sense of the Senate that it objects to statements made by: (1) Japan's Speaker of the House regarding American workers; and (2) Japan's Prime Minister disparaging the American work ethic and undermining the commitment made with President Bush.
Amends Federal bankruptcy law to exclude from a debtor's estate any interest in liquid or gaseous hydrocarbons to the extent the debtor has transferred such interest pursuant to a farmout agreement or other written agreement. States that the consideration received by the debtor for transferring such interest shall not be excluded from the debtor's estate.
Declares that a company shall be eligible to receive financial assistance under this Act only if it meets specified criteria with respect to promoting the economic interests of the United States (including promoting domestic manufacturing and employment).
Emergency Petroleum Supply Act - Amends EPCA regarding regional petroleum reserves to declare that any State that is an island shall be considered to be a separate Federal Energy Administration Region. Prescribes guidelines for purchases from the SPR by entities in eligible insular areas (certain island jurisdictions, including the State of Hawaii).
Expresses the sense of the Senate that the Senate Committee on Finance should review the impact of the alternative minimum income tax upon domestic oil and gas production, and take appropriate action to promote domestic production.
Amends the Radiation Exposure Compensation Act to permit claimants whose claims have been administratively denied to seek judicial review in Federal district court.
Declares that the Senate: (1) finds that it is in the Nation's best interest to assist the market and accelerate the adoption of alternative non-oil transportation fuels, vehicles, and traffic management systems; and (2) will readdress this position during consideration of appropriate tax legislation.
Expresses the sense of the Senate that, within prescribed guidelines, certain congressional committees should consider the possibility of legislation that shifts some taxation from the income tax to the motor fuels tax to encourage conservation and alternative fuels.
Directs 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 measures to facilitate strategic diversification of United States oil imports through cooperation with the former Soviet Union in the development of their energy resources.
Expresses the sense of the Senate that: (1) specified Federal law requiring the Nuclear Regulatory Commission (NRC) to recover all its budget authority through fees may have imposed an unfair burden upon certain NRC licensees; and (2) the NRC should review its fees assessment policy, and recommend to the Congress whether statutory changes should be made to prevent an unfair burden on licensees (especially those that hold licenses to operate federally owned research reactors used primarily for educational training and academic research purposes).