Summary: H.R.2701 — 110th Congress (2007-2008)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Reported to House with amendment(s) (09/29/2008)

Transportation Energy Security and Climate Change Mitigation Act of 2007 - (Sec. 2) Declares that purposes of this Act are to: (1) strengthen national energy security and mitigate the effects of climate change by promoting energy efficient transportation and public buildings; (2) create incentives for the use of alternative fuel vehicles and renewable energy; and (3) ensure sound water resource and natural disaster preparedness planning.

Title I: Department of Transportation - (Sec. 101) Establishes in the Department of Transportation (DOT) a Center for Climate Change and Environment to plan, coordinate, and implement efforts to: (1) reduce transportation-related energy use and mitigate the effects of climate change; and (2) address the impacts of climate change on transportation systems and infrastructure.

Directs the Center to study and report to a specified congressional committee on low-cost solutions to reducing congestion and transportation-related energy use and mitigating the effects of climate change.

Authorizes appropriations for FY2008-FY2011.

Title II: Highways and Transit - Subtitle A: Public Transportation - (Sec. 201) Authorizes additional appropriations for FY2008 and FY2009 for urbanized and non-urbanized area formula grants to improve public transportation services.

Limits the use of such grant money for operating costs of equipment and facilities that: (1) the recipient is no longer able to pay from revenues as a result of reducing fares; or (2) the recipient incurs as a result of expanding public transportation service.

Sets the federal share of grant costs at 100%.

(Sec. 202) Increases from 90% to 100% the federal share of costs under a grant for acquiring clean fuel or alternative fuel vehicle-related equipment or facilities for purposes of compliance with the Clean Air Act.

(Sec. 203) Authorizes a public transportation authority or a rail carrier to apply to the Surface Transportation Board (STB) for nonbinding mediation if the authority cannot reach an agreement with the rail carrier to: (1) use trackage of, and have related services provided by, the rail carrier for purposes of fixed guideway transportation; or (2) acquire an interest in a railroad right-of-way for the construction and operation of a segregated fixed guideway facility.

Subtitle B: Federal-Aid Highways - (Sec. 251) Increases from 80% to 100% the federal share of costs for congestion mitigation and air quality (CMAQ) projects.

(Sec. 252) Sets forth a process for the distribution to states of unobligated federal-aid highway fund amounts that have been rescinded after enactment of this Act.

(Sec. 253) Expresses the sense of Congress that state and local governments should, in constructing new roadways or rehabilitating existing facilities, employ policies designed to accommodate all users, including motorists, pedestrians, cyclists, transit riders, and people of all ages and abilities.

Title III: Railroad and Pipeline Transportation - Subtitle A: Railroads - (Sec. 301) Directs the Secretary of Transportation (Secretary) to establish grant programs to: (1) assist railroad carriers and state and local governments in purchasing, or reconditioning locomotives to become, green locomotives (that exceed Environmental Protection Agency emission standards); and (2) rehabilitate, preserve, or improve railroad track of class II and class III railroads.

Authorizes appropriations for such grants for FY2008-FY2011.

Subtitle B: Pipelines - (Sec. 311) Directs the Secretary of Energy, in coordination with the Secretary, to study and report to Congress on the feasibility of constructing pipelines dedicated to the transportation of ethanol. Authorizes appropriations for FY2008 and FY2009.

Title IV: Maritime Transportation - Subtitle A: General Provisions - (Sec. 401) Directs the Secretary to establish a loan guarantee program for short sea transportation (carriage by vessel of passengers and cargo between one U.S. port and another U.S. or a Canadian port in the Great Lakes Saint Lawrence Seaway System) to mitigate landside congestion. Authorizes appropriations for FY2008-FY2011.

(Sec. 402) Allows a U.S. citizen who owns a vessel and has an agreement with the Secretary or the Secretary of Commerce to establish a capital construction fund to provide replacement vessels, additional vessels, or reconstructed vessels, built in the United States and documented under U.S. laws for operation in short sea transportation trade.

(Sec. 403) Directs the Secretary to report to Congress on the short sea transportation program.

(Sec. 404) Directs the Secretary to establish a green ports initiative of grants or low-cost revolving loans to promote the use of technologies in U.S. ports and shipyards to reduce air emissions. Sets the maximum federal share of grant costs at 90%.

Authorizes appropriations for FY2008-FY2011.

Subtitle B: Maritime Pollution - (Sec. 453) Amends the Prevent Pollution from Ships Act (the Act) to apply it (with respect to Annex VI to the International Convention for the Prevention of Pollution from Ships, 1973 (Convention)) to non-U.S. ships that enter, depart from, or are in U.S. ports, shipyards, offshore terminals, navigable waters, specified emission control areas, or the U.S. exclusive economic zone.

Makes the Act applicable to all persons to ensure compliance with Annex VI to the Convention.

(Sec. 454) Defines certain duties of the Administrator of the Environmental Protection Agency (EPA) with respect to the administration and enforcement of Annex VI to the Convention.

(Sec. 455) Grants the EPA Administrator authority to issue Engine International Air Pollution Prevention certificates to ships under the MARPOL Protocol to the Convention.

(Sec. 456) Authorizes the EPA Administrator, jointly with the Secretary of the department in which the Coast Guard is operating, to prescribe regulations: (1) setting criteria for determining the adequacy of ports and terminals (reception facilities) to receive ozone depleting substances, equipment containing them, and exhaust gas cleaning residues from ships; and (2) for certification that such facilities are adequate to receive such substances.

Revises authority of the Secretary in the department in which the Coast Guard is operating to deny entry of a ship to a reception facility required to be adequate to receive such substances or residues from such ship if the reception facility is not in compliance with such requirement.

(Sec. 457) Authorizes the Secretary of the department in which the Coast Guard is operating to: (1) inspect a ship to verify whether it complies with Annex VI to the Convention and the Act; and (2) undertake enforcement action in the event of noncompliance, or refer the matter to the EPA Administrator, who shall have all the Secretary's enforcement authorities, especially with respect to shoreside violations.

(Sec. 458) Authorizes the EPA Administrator to consult with the Secretary of State with respect to proposed amendments to the Convention.

(Sec. 459) Authorizes certain penalties for violators of the MARPOL Protocol, Annex IV to the Antarctic Protocol, or related regulations.

Title V: Aviation - (Sec. 501) Directs the Administrator of the Federal Aviation Administration (FAA) to enter into a cooperative agreement with an institution, entity, or consortium to carry out a program to develop CLEEN (continuous lower energy, emissions, and noise) engine and airframe technology for aircraft over the next 10 years.

Directs the Secretary to establish a research program to develop jet fuel from clean coal.

Authorizes appropriations for FY2008-FY2011.

(Sec. 502) Directs the Secretary to establish a pilot program to carry out environmental mitigation demonstration projects at up to six public-use airports. Sets the federal share of project costs at 50%.

Title VI: Public Buildings - Subtitle A: General Services Administration - (Sec. 601) Requires the Administrator of General Services to include in a prospectus for the construction, alteration, or acquisition of any building or space to be leased an estimate of its future energy performance and a specific description of the use of energy efficient and renewable energy systems, including photovoltaic systems, in carrying out the project. Requires the Administrator, with respect to space to be leased, to include minimum performance requirements requiring energy efficiency and the use of renewable energy.

Requires: (1) each public building constructed, altered, or acquired by the Administrator to be equipped with energy efficient lighting fixtures and bulbs; and (2) fixtures and bulbs in public buildings that are replaced in the normal course of maintenance to be replaced with fixtures and bulbs that are energy efficient. Sets forth factors for the Administrator to consider in making a determination concerning the feasibility of installing an energy efficient bulb or fixture. Makes acquisitions of bulbs and fixtures subject to the requirements of the Buy America Act.

Authorizes the Administrator to contract for public utility services for a period of no more than 30 years if doing so is cost effective and necessary to promote the use of energy efficient and renewable energy systems.

Requires the Administrator to include in the solicitation for any lease requiring a prospectus an evaluation factor considering the extent to which the offeror will promote energy efficiency and the use of renewable energy.

(Sec. 602) Amends the National Energy Conservation Policy Act to require the Secretary of Energy to establish methods for estimating and comparing life cycle costs for federal buildings, using the sum of all capital and operating expenses associated with the energy system of the building involved over the shorter of the expected life of such system or 40 (currently 25) years.

(Sec. 603) Requires the Administrator to install a photovoltaic system, as set forth in the Sun Wall Design Project, for the Department of Energy's headquarters, commonly known as the Forrestal Building. Authorizes funding.

Subtitle B: Coast Guard - (Sec. 631) Prohibits a general service incandescent lamp from being purchased or installed in a Coast Guard facility (excluding a vessel or aircraft) on or after January 1, 2009, except: (1) when necessary due to the purpose or design; (2) when reasonable due to the architectural or historical value of a light fixture; and (3) when the Commandant of the Coast Guard determines that operations requirements necessitate the use of a such a lamp.

Subtitle C: Architect of the Capitol - (Sec. 651) Authorizes the Architect of the Capitol (AOC) to study and report to specified congressional committees on the feasibility of constructing a photovoltaic roof for the Rayburn House Office Building. Authorizes appropriations for FY2008.

(Sec. 652) Requires the AOC to construct a fuel tank and pumping system for E-85 fuel at or near the Capitol Grounds Fuel Station. Requires such tank and system to be available for use by all legislative branch vehicles capable of operating with such fuel. Authorizes appropriations for FY2008.

(Sec. 653) Requires the AOC to include energy efficiency measures, climate change mitigation measures, and other environmental measures in the Capitol Complex Master Plan.

(Sec. 654) Requires the AOC to install technologies for the capture and storage or use of carbon dioxide emitted from the Capitol Power plant in the District of Columbia as a result of burning coal.

Title VII: Water Resources and Emergency Management Preparedness - Subtitle A: Water Resources - (Sec. 701) Declares as U.S. Policy that all federal water resources projects: (1) reflect national priorities for flood damage reduction, navigation, ecosystem restoration, and hazard mitigation and consider the future impacts of increased hurricanes, droughts, and other climate change-related weather events; (2) avoid the unwise use of flood plains, minimize vulnerabilities in any case in which a flood plain must be used, protect and restore the extent and functions of natural systems, and mitigate any unavoidable damage to aquatic natural system; and (3) avoid impacts to wetlands, help filter water, serve as recharge areas for aquifers, reduce floods and erosion, and provide plant and animal habitat.

(Sec. 702) Establishes the 21st Century Water Commission to: (1) project future water supply and demand and impacts of climate change to our nation's flood risk, water availability, and water quality; (2) study current water management programs directed at increasing water supplies and improving the availability, reliability, and quality of freshwater resources and evaluate such programs' hazard mitigation strategies and contingency planning in light of climate change impacts; and (3) develop recommendations for a comprehensive water strategy.

Requires a report to the President and specified congressional committees. Authorizes appropriations.

(Sec. 703) Directs the Secretary of the Army to study and report to Congress on the potential for reduced fossil fuel consumption through an increase in hydropower capabilities of the Corps of Engineers.

(Sec. 704) Requires the Administrator of the Environmental Protection Agency (EPA) to enter into an arrangement for the National Academy of Sciences to: (1) identify the potential impacts of climate change on water resources, watersheds, and water quality; (2) assess the extent to which federal and state efforts under the Federal Water Pollution Control Act and other ocean and coastal laws may be affected by climate change; (3) identify steps to assess emerging information and identify appropriate response actions to meet the requirements of such Act; and (4) recommend potential legislative or regulatory changes to address impacts of global climate change on efforts to restore and maintain the chemical, physical, and biological integrity of the nation's waters.

(Sec. 705) Requires the Secretary of the Army to: (1) ensure that Corps of Engineers water resources projects and studies take into account the potential effects of climate change; and (2) utilize a representative range of climate change scenarios, including the current analyses of the United States Climate Change Science Program and the Intergovernmental Panel on Climate Change. Requires the Secretary to report to specified congressional committees on such projects.

Subtitle B: Emergency Management - (Sec. 731) Requires the Administrator of the Federal Emergency Management Agency (FEMA) to study and report to specified congressional committees on the increase in demand for FEMA's emergency preparedness, response, recovery, and mitigation programs and services that may be reasonably anticipated as a result of an increased number and intensity of natural disasters affected by climate change.