Text: S.2155 — 110th Congress (2007-2008)All Information (Except Text)

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Introduced in Senate (10/04/2007)


110th CONGRESS
1st Session
S. 2155


To amend the Energy Policy Act of 1992 to encourage the development of clean energy technologies for deployment in markets abroad, to assist the Department of Energy's promotion of research and development of clean and efficient energy systems, to encourage the Department of Energy and other Federal agencies to work together to improve the advancement of sustainable energy use and reduce greenhouse gas emissions, and for other purposes.


IN THE SENATE OF THE UNITED STATES

October 4, 2007

Mr. Byrd introduced the following bill; which was read twice and referred to the Committee on Foreign Relations


A BILL

To amend the Energy Policy Act of 1992 to encourage the development of clean energy technologies for deployment in markets abroad, to assist the Department of Energy's promotion of research and development of clean and efficient energy systems, to encourage the Department of Energy and other Federal agencies to work together to improve the advancement of sustainable energy use and reduce greenhouse gas emissions, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “International Clean Energy Technologies Deployment and Global Energy Markets Investment Act of 2007”.

SEC. 2. International Clean Energy Technologies Deployment and Global Energy Markets Investment.

Title XXI of the Energy Policy Act of 1992 (Public Law 102–486; 106 Stat. 3067) is amended by adding at the end the following new subtitle:

“subtitle DInternational Clean Energy Technologies Deployment and Global Energy Markets Investment

“SEC. 2131. Purposes.

“The purposes of this subtitle are—

“(1) to facilitate the export of clean energy technologies to developing countries;

“(2) to retain and create manufacturing and related service jobs in the United States;

“(3) to reduce the trade deficit of the United States through the export of United States energy technologies, technological expertise, and project development and deployment;

“(4) to promote sustainable economic development, increase access to modern energy services, reduce greenhouse gas emissions, and strengthen energy security and independence in developing countries through the deployment of clean energy technologies in partnership with the private sector;

“(5) to ensure that activities funded under this subtitle contribute to economic growth, poverty reduction, good governance, the rule of law, property rights, safety and development best practices, and environmental protection; and

“(6) to authorize funds for clean energy development activities in developing countries.

“SEC. 2132. Definitions.

“In this subtitle:

“(1) CLEAN ENERGY TECHNOLOGY.—The term ‘clean energy technology’ means an energy supply or end-use technology that, over its lifecycle and compared to a similar technology already in commercial use in any developing country—

“(A) is reliable, affordable, economically viable, socially acceptable, and compatible with the needs and norms of the host country;

“(B) results in—

“(i) reduced emissions of greenhouse gases;

“(ii) increased geological sequestration; or

“(iii) increased energy efficiency; and

“(C) may—

“(i) substantially lower emissions of air pollutants; and

“(ii) generate substantially smaller or less hazardous quantities of solid or liquid waste.

“(2) DEVELOPING COUNTRY.—

“(A) IN GENERAL.—The term ‘developing country’ means any country not listed in Annex I of the United Nations Framework Convention on Climate Change, done at New York May 9, 1992.

“(B) INCLUSION.—The term ‘developing country’ may include a country with an economy in transition, as determined by the Secretary of State.

“(3) GEOLOGICAL SEQUESTRATION.—The term ‘geological sequestration’ means the capture and long-term storage in a geological formation of a greenhouse gas from an energy producing facility, which prevents the release of greenhouse gases into the atmosphere.

“(4) GREENHOUSE GAS.—The term ‘greenhouse gas’ means—

“(A) carbon dioxide;

“(B) methane;

“(C) nitrous oxide;

“(D) hydrofluorocarbons;

“(E) perfluorocarbons; and

“(F) sulfur hexafluoride.

“(5) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

“(6) INTERAGENCY WORKING GROUP.—The term ‘Interagency Working Group’ means the Interagency Working Group on Clean Energy Technology Exports established under section 2136(b)(1)(A).

“(7) NATIONAL LABORATORY.—The term ‘National Laboratory’ means any of the following laboratories owned by the Department of Energy:

“(A) Ames Laboratory.

“(B) Argonne National Laboratory.

“(C) Brookhaven National Laboratory.

“(D) Fermi National Accelerator Laboratory.

“(E) Idaho National Laboratory.

“(F) Lawrence Berkeley National Laboratory.

“(G) Lawrence Livermore National Laboratory.

“(H) Los Alamos National Laboratory.

“(I) National Energy Technology Laboratory.

“(J) National Renewable Energy Laboratory.

“(K) Oak Ridge National Laboratory.

“(L) Pacific Northwest National Laboratory.

“(M) Princeton Plasma Physics Laboratory.

“(N) Sandia National Laboratories.

“(O) Savannah River National Laboratory.

“(P) Stanford Linear Accelerator Center.

“(Q) Thomas Jefferson National Accelerator Facility.

“(8) QUALIFYING PROJECT.—The term ‘qualifying project’ means a project meeting the criteria established under section 2134(c).

“(9) STATE.—The term ‘State’ means—

“(A) a State;

“(B) the District of Columbia;

“(C) the Commonwealth of Puerto Rico; and

“(D) any other territory or possession of the United States.

“(10) TASK FORCE.—The term ‘Task Force’ means the Task Force on International Clean Energy Cooperation established under section 2136(a).

“(11) UNITED STATES.—The term ‘United States’, when used in a geographical sense, means all of the States.

“SEC. 2133. Clean energy assistance to developing countries.

“(a) In general.—Subject to section 2135, the Secretary of Energy, in coordination with the Secretary of State and the Administrator of the United States Agency for International Development, shall provide assistance for activities in developing countries that are consistent with the priorities established in the strategy.

“(b) Assistance.—The assistance may be provided through—

“(1) the Millennium Challenge Corporation established under section 604(a) of the Millennium Challenge Act of 2003 (22 U.S.C. 7703(a));

“(2) the Global Village Energy Partnership; and

“(3) other international assistance programs or activities of—

“(A) the Department of Energy;

“(B) the Department of State;

“(C) the United States Agency for International Development; and

“(D) other Federal agencies.

“(c) Eligible activities.—The activities supported under this section include—

“(1) development of national action plans and policies to—

“(A) facilitate the provision of clean energy services and the adoption of energy efficiency measures;

“(B) identify linkages between the use of clean energy technologies and the provision of agricultural, transportation, water, health, educational, and other development-related services; and

“(C) integrate the use of clean energy technologies into national strategies for economic growth, poverty reduction, and sustainable development;

“(2) strengthening of public and private sector capacity to—

“(A) assess clean energy needs and options;

“(B) identify opportunities to reduce, avoid, or sequester greenhouse gas emissions;

“(C) establish enabling policy frameworks;

“(D) develop and access financing mechanisms; and

“(E) monitor progress in implementing clean energy and greenhouse gas reduction strategies;

“(3) enactment and implementation of market-favoring measures to promote commercial-based energy service provision and to improve the governance, efficiency, and financial performance of the energy sector; and

“(4) development and use of innovative public and private mechanisms to catalyze and leverage financing for clean energy technologies, including use of the development credit authority of the United States Agency for International Development and credit enhancements through the Export-Import Bank and the Overseas Private Investment Corporation.

“SEC. 2134. Pilot program for demonstration projects.

“(a) In general.—Not later than 2 years after the date of the enactment of the International Clean Energy Technologies Deployment and Global Energy Markets Investment Act of 2007, the Secretary of Energy, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, shall, by regulation, establish a pilot program that provides financial assistance for qualifying projects consistent with the strategy and the performance criteria established under section 2135.

“(b) Demonstration projects.—The pilot program shall include demonstration projects that showcase clean energy technologies, including clean coal, small or advanced nuclear, small or advanced hydropower, biofuels, renewable, and energy efficiency technologies. Each clean energy technology shall be included in at least one demonstration project under the pilot program.

“(c) Qualifying projects.—To be qualified to receive assistance under this section, a project shall—

“(1) be a project—

“(A) to construct an energy production facility in a developing country for the production of energy to be consumed in the developing country; or

“(B) to improve the efficiency of energy use in a developing country;

“(2) be a project that—

“(A) is submitted by a firm of the United States to the Secretary of Energy in accordance with procedures established by the Secretary by regulation;

“(B) meets the requirements of section 1608(k);

“(C) uses technology that has been successfully developed or deployed in the United States; and

“(D) is selected by the Secretary of Energy without regard to the developing country in which the project is located, with notice of the selection published in the Federal Register; and

“(3) when deployed, result in a greenhouse gas emission reduction (when compared to the technology that would otherwise be deployed) of at least—

“(A) in the case of a unit or energy-efficiency measure placed in service during the period beginning on the date of the enactment of the International Clean Energy Technologies Deployment and Global Energy Markets Investment Act of 2007 and ending on December 31, 2011, 20 percentage points;

“(B) in the case of a unit or energy-efficiency measure placed in service during the period beginning on January 1, 2012, and ending on December 31, 2021, 40 percentage points; and

“(C) in the case of a unit or energy-efficiency measure placed in service after December 31, 2021, 60 percentage points.

“(d) Financial assistance.—

“(1) IN GENERAL.—For each qualifying project selected by the Secretary of Energy to participate in the pilot program, the Secretary shall make a loan or loan guarantee available for not more than 50 percent of the total cost of the project.

“(2) INTEREST RATE.—The interest rate on a loan made under this subsection shall be equal to the current average yield on outstanding obligations of the United States with remaining periods of maturity comparable to the maturity of the loan.

“(3) HOST COUNTRY CONTRIBUTION.—To be eligible for a loan or loan guarantee for a project in a host country under this subsection, the host country shall—

“(A) make at least a 10 percent contribution toward the total cost of the project; and

“(B) verify to the Secretary of Energy (using the methodology established under section 2137(c)(7)) the quantity of annual greenhouse gas emissions reduced, avoided, or sequestered as a result of the deployment of the project.

“(4) CAPACITY BUILDING RESEARCH.—

“(A) IN GENERAL.—A proposal made for a qualifying project may include a research component intended to build technological capacity within the host country.

“(B) RESEARCH.—To be eligible for a loan or loan guarantee under this paragraph, the research shall—

“(i) be related to the technology being deployed; and

“(ii) involve—

“(I) an institution in the host country; and

“(II) a participant from the United States that is an industrial entity, an institution of higher education, or a National Laboratory.

“(C) HOST COUNTRY CONTRIBUTION.—To be eligible for a loan or loan guarantee for research in a host country under this paragraph, the host country shall make at least a 50 percent contribution toward the total cost of the research.

“SEC. 2135. Performance criteria for major energy consumers.

“(a) Identification of major energy consumers.—Not later than 1 year after the date of enactment of the International Clean Energy Technologies Deployment and Global Energy Markets Investment Act of 2007, the Task Force shall identify those developing countries that, by virtue of present and projected energy consumption, represent the predominant share of energy use among developing countries.

“(b) Performance criteria.—As a condition of accepting assistance provided under sections 2133 or 2134, any developing country identified under subsection (a) shall—

“(1) meet the eligibility criteria established under section 607 of the Millennium Challenge Act of 2003 (22 U.S.C. 7706), notwithstanding the eligibility of the developing country as a candidate country under section 606 of that Act (22 U.S.C. 7705); and

“(2) agree to establish and report on progress in meeting specific goals for reduced energy-related greenhouse gas emissions and specific goals for—

“(A) increased access to clean energy services among unserved and underserved populations;

“(B) increased use of renewable energy resources;

“(C) increased use of lower greenhouse gas-emitting fossil fuel-burning technologies;

“(D) more efficient production and use of energy;

“(E) greater reliance on advanced energy technologies;

“(F) the sustainable use of traditional energy resources; or

“(G) other goals for improving energy-related environmental performance, including improving local air and water quality and reducing or eliminating solid waste contaminants.

“SEC. 2136. Organization.

“(a) Task Force.—

“(1) ESTABLISHMENT.—Not later than 90 days after the date of enactment of the International Clean Energy Technologies Deployment and Global Energy Markets Investment Act of 2007, the President shall establish a Task Force on International Clean Energy Technologies Cooperation.

“(2) COMPOSITION.—The Task Force shall be composed of representatives, appointed by the head of the respective Federal agency, of—

“(A) the Council on Environmental Quality;

“(B) the Department of Energy;

“(C) the Department of Commerce;

“(D) the Department of the Treasury;

“(E) the Department of State;

“(F) the Environmental Protection Agency;

“(G) the United States Agency for International Development;

“(H) the Export-Import Bank;

“(I) the Overseas Private Investment Corporation;

“(J) the Trade and Development Agency;

“(K) the Small Business Administration;

“(L) the Office of the United States Trade Representative; and

“(M) other Federal agencies, as determined by the President.

“(3) CHAIRPERSON.—The President shall designate one of the representatives appointed under paragraph (2) to serve as the Chairperson of the Task Force.

“(4) DUTIES.—

“(A) LEAD AGENCY.—The Task Force shall act as the lead agency in the development and implementation of the strategy required under section 2137.

“(B) COORDINATION AND IMPLEMENTATION.—The Task Force shall support the coordination and implementation of programs under sections 1331, 1332, and 1608.

“(5) TERMINATION.—The Task Force, including any working group established by the Task Force, shall terminate 12 years after the date of the enactment of the International Clean Energy Technologies Deployment and Global Energy Markets Investment Act of 2007.

“(b) Working Groups.—

“(1) ESTABLISHMENT.—The Task Force—

“(A) shall establish an Interagency Working Group on Clean Energy Technology Exports; and

“(B) may establish other working groups as necessary to carry out this subtitle.

“(2) COMPOSITION OF INTERAGENCY WORKING GROUP.—The Interagency Working Group shall be composed of—

“(A) the Secretary of Energy, the Secretary of Commerce, and the Administrator of the United States Agency for International Development, who shall jointly serve as Chairpersons; and

“(B) other members, as determined by the Chairperson of the Task Force.

“(3) ACTIVITIES.—In support of the development, deployment, and transfer of clean energy technologies developed or demonstrated in the United States, the Interagency Working Group shall coordinate the resources and relevant programs of its members to ensure the export and application of clean energy technologies pursuant to sections 2133 and 2134, and to take advantage of other opportunities where such clean energy technologies may be exported from the United States and deployed or applied in other countries.

“(4) AREAS OF RESPONSIBILITY.—The members of the Interagency Working Group shall have the following responsibilities:

“(A) CHAIRPERSONS.—The chairpersons of the Interagency Working Group shall be responsible for identifying opportunities for clean energy technologies, including for providing and coordinating support for clean energy technology exports and implementing necessary export finance mechanisms for clean energy technologies.

“(B) SECRETARY OF ENERGY.—The Secretary of Energy shall focus on activities that provide opportunities in foreign countries—

“(i) to demonstrate and deploy clean energy technologies for new generating capacity or to retrofit or replace existing generation facilities;

“(ii) to improve procedures, processes, and methodologies for operating power generation facilities;

“(iii) to lower the intensity of end use through energy efficiency upgrades; and

“(iv) to address other risk factors that are market barriers.

“(C) SECRETARY OF COMMERCE.—The Secretary of Commerce shall—

“(i) focus on activities that help create opportunities to export clean energy technologies through the elimination of trade barriers and tariffs for necessary products in foreign countries and the adoption of policy reforms and legal structure necessary to support the use of clean energy technologies developed or demonstrated in the United States; and

“(ii) address other risk factors that are market barriers.

“(D) ADMINISTRATOR OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT.—The Administrator of the United States Agency for International Development shall—

“(i) promote policy reforms to encourage the use of clean energy technologies developed or demonstrated in the United States;

“(ii) conduct resource assessments for the various types of clean energy technologies; and

“(iii) address other risk factors that are market barriers.

“(c) Interagency Center.—There shall be established an Interagency Center to help carry out the activities of the Interagency Working Group. The Interagency Center shall be located at a site agreed upon by the chairpersons with the approval of the representatives of the Task Force.

“SEC. 2137. Strategy.

“(a) Initial strategy.—

“(1) IN GENERAL.—Not later than 1 year after the date of enactment of the International Clean Energy Technologies Deployment and Global Energy Markets Investment Act of 2007, the Task Force shall develop and submit to the President a strategy to—

“(A) support the development and implementation of programs, policies, and initiatives in developing countries to promote the adoption and deployment of clean energy technologies and energy efficiency technologies and strategies, with an emphasis on those developing countries that are expected to experience the most significant growth in energy production and use over the next 20 years;

“(B) open and expand clean energy technology markets and facilitate the export of clean energy technology to developing countries, in a manner consistent with the subsidy codes of the World Trade Organization;

“(C) integrate into the foreign policy objectives of the United States the promotion of—

“(i) clean energy technology deployment and reduced greenhouse gas emissions in developing countries; and

“(ii) clean energy technology exports;

“(D) establish a pilot program that provides financial assistance for qualifying activities, partnerships, or projects; and

“(E) develop financial mechanisms and instruments (including securities that mitigate the political and foreign exchange risks of uses that are consistent with the foreign policy of the United States by combining the private sector market and government enhancements) that—

“(i) are cost-effective; and

“(ii) facilitate private capital investment in clean energy technology projects in developing countries.

“(2) TRANSMISSION TO CONGRESS.—On receiving the strategy from the Task Force under paragraph (1), the President shall transmit to Congress the strategy.

“(b) Updates.—

“(1) IN GENERAL.—Not later than 3 years after the date of submission of the initial strategy under subsection (a)(1), and every 4 years thereafter—

“(A) the Task Force shall—

“(i) review and update the strategy; and

“(ii) report the results of the review and update to the President; and

“(B) the President shall submit to Congress a report on the strategy.

“(2) INCLUSIONS.—The report shall include—

“(A) the updated strategy;

“(B) a description of the assistance provided under this subtitle;

“(C) the results of the pilot projects carried out under this subtitle, including a comparative analysis of the relative merits of each pilot project;

“(D) the activities and progress reported by developing countries to the Department of Energy under section 2135(b)(2); and

“(E) the activities and progress reported towards meeting the goals established under section 2135(b)(2).

“(c) Content.—In developing, updating, and submitting a report on the strategy, the Task Force shall—

“(1) assess—

“(A) energy trends, energy needs, and potential energy resource bases in developing countries; and

“(B) the implications of the trends and needs for domestic and global economic and security interests;

“(2) analyze technology, policy, and market opportunities for international development, demonstration, and deployment of clean energy technologies and strategies;

“(3) examine relevant trade, tax, finance, international, and other policy issues to assess what policies, in the United States and in developing countries, would help open markets and improve clean energy technology exports of the United States in support of—

“(A) enhancing energy innovation and cooperation, including energy sector and market reform, capacity building, and financing measures;

“(B) improving energy end-use efficiency technologies (including buildings and facilities) and vehicle, industrial, and co-generation technology initiatives; and

“(C) promoting energy supply technologies, including fossil, nuclear, hydroelectric, and renewable technology initiatives;

“(4) investigate issues associated with building capacity to deploy clean energy technology in developing countries, including—

“(A) energy-sector reform;

“(B) creation of open, transparent, and competitive markets for clean energy technologies;

“(C) the availability of trained personnel to deploy and maintain clean energy technology; and

“(D) demonstration and cost-buydown mechanisms to promote first adoption of clean energy technology;

“(5) establish priorities for promoting the diffusion and adoption of clean energy technologies and strategies in developing countries, taking into account economic and security interests of the United States and opportunities for the export of technology of the United States;

“(6) identify the means of integrating the priorities established under paragraph (5) into bilateral, multilateral, and assistance activities and commitments of the United States;

“(7) establish methodologies for the measurement, monitoring, verification, and reporting under section 2135(b)(2) of the greenhouse gas emission impacts of clean energy projects and policies in developing countries;

“(8) establish a registry that is accessible to the public through electronic means (including through the Internet) in which information reported under section 2135(b)(2) shall be collected;

“(9) make recommendations to the heads of appropriate Federal agencies on ways to streamline Federal programs and policies to improve the role of the agencies in the international development, demonstration, and deployment of clean energy technology;

“(10) make assessments and recommendations regarding the distinct technological, market, regional, and stakeholder challenges necessary to deploy clean energy technology;

“(11) recommend conditions and criteria that will help ensure that funds provided by the United States promote sound energy policies in developing countries while simultaneously opening their markets and exporting clean energy technology of the United States;

“(12) establish an advisory committee, composed of representatives of the private sector and other interested groups, on the export and deployment of clean energy technology;

“(13) establish a coordinated mechanism for disseminating information to the private sector and the public on clean energy technologies and clean energy technology transfer opportunities; and

“(14) monitor the progress of each Federal agency in promoting the purposes of this subtitle, in accordance with—

“(A) the Five-Year Strategic Plan of the Clean Energy Technology Exports Initiative submitted to Congress in October 2002; and

“(B) other applicable law.

“SEC. 2138. Authorization of appropriations.

“(a) Interagency Center.—There is authorized to be appropriated for the Interagency Center $3,000,000 for each of fiscal years 2008 through 2020.

“(b) International clean energy deployment and global energy markets investment.—There is authorized to be appropriated, in addition to the amounts authorized under subsection (a), $20,000,000 for each of fiscal years 2008 through 2020 to carry out activities under this subtitle.”.


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