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109th Congress                                        Report
                        HOUSE OF REPRESENTATIVES
1st  Session                                         109-190
_______________________________________________________________________




                       ENERGY POLICY ACT OF 2005

                               ----------                              

                           CONFERENCE REPORT

                         [To accompany H.R. 6]






                 July 27, 2005.--Ordered to be printed











                      ENERGY POLICY ACT OF 2005


















109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-190

======================================================================
 
                       ENERGY POLICY ACT OF 2005

                                _______
                                

                 July 27, 2005.--Ordered to be printed

                                _______
                                

 Mr. Barton of Texas, from the committee of conference, submitted the 
                               following

                           CONFERENCE REPORT

                         [To accompany H.R. 6]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the Senate to the bill (H.R. 
6), to ensure jobs for our future with secure, affordable, and 
reliable energy, having met, after full and free conference, 
have agreed to recommend and do recommend to their respective 
Houses as follows:
      That the House recede from its disagreement to the 
amendment of the Senate and agree to the same with an amendment 
as follows:
      In lieu of the matter proposed to be inserted by the 
Senate amendment, insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Energy 
Policy Act of 2005''.
    (b) Table of Contents.--The table of contents of this Act 
is as follows:

                       TITLE I--ENERGY EFFICIENCY

                      Subtitle A--Federal Programs

Sec. 101. Energy and water saving measures in congressional buildings.
Sec. 102. Energy management requirements.
Sec. 103. Energy use measurement and accountability.
Sec. 104. Procurement of energy efficient products.
Sec. 105. Energy savings performance contracts.
Sec. 106. Voluntary commitments to reduce industrial energy intensity.
Sec. 107. Advanced Building Efficiency Testbed.
Sec. 108. Increased use of recovered mineral component in federally 
          funded projects involving procurement of cement or concrete.
Sec. 109. Federal building performance standards.
Sec. 110. Daylight savings.
Sec. 111. Enhancing energy efficiency in management of Federal lands.

            Subtitle B--Energy Assistance and State Programs

Sec. 121. Low income home energy assistance program.
Sec. 122. Weatherization assistance.
Sec. 123. State energy programs.
Sec. 124. Energy efficient appliance rebate programs.
Sec. 125. Energy efficient public buildings.
Sec. 126. Low income community energy efficiency pilot program.
Sec. 127. State Technologies Advancement Collaborative.
Sec. 128. State building energy efficiency codes incentives.

                  Subtitle C--Energy Efficient Products

Sec. 131. Energy Star program.
Sec. 132. HVAC maintenance consumer education program.
Sec. 133. Public energy education program.
Sec. 134. Energy efficiency public information initiative.
Sec. 135. Energy conservation standards for additional products.
Sec. 136. Energy conservation standards for commercial equipment.
Sec. 137. Energy labeling.
Sec. 138. Intermittent escalator study.
Sec. 139. Energy efficient electric and natural gas utilities study.
Sec. 140. Energy efficiency pilot program.
Sec. 141. Report on failure to comply with deadlines for new or revised 
          energy conservation standards.

                       Subtitle D--Public Housing

Sec. 151. Public housing capital fund.
Sec. 152. Energy-efficient appliances.
Sec. 153. Energy efficiency standards.
Sec. 154. Energy strategy for HUD.

                       TITLE II--RENEWABLE ENERGY

                     Subtitle A--General Provisions

Sec. 201. Assessment of renewable energy resources.
Sec. 202. Renewable energy production incentive.
Sec. 203. Federal purchase requirement.
Sec. 204. Use of photovoltaic energy in public buildings.
Sec. 205. Biobased products.
Sec. 206. Renewable energy security.
Sec. 207. Installation of photovoltaic system.
Sec. 208. Sugar cane ethanol program.
Sec. 209. Rural and remote community electrification grants.
Sec. 210. Grants to improve the commercial value of forest biomass for 
          electric energy, useful heat, transportation fuels, and other 
          commercial purposes.
Sec. 211. Sense of Congress regarding generation capacity of electricity 
          from renewable energy resources on public lands.

                      Subtitle B--Geothermal Energy

Sec. 221. Short title.
Sec. 222. Competitive lease sale requirements.
Sec. 223. Direct use.
Sec. 224. Royalties and near-term production incentives.
Sec. 225. Coordination of geothermal leasing and permitting on Federal 
          lands.
Sec. 226. Assessment of geothermal energy potential.
Sec. 227. Cooperative or unit plans.
Sec. 228. Royalty on byproducts.
Sec. 229. Authorities of Secretary to readjust terms, conditions, 
          rentals, and royalties.
Sec. 230. Crediting of rental toward royalty.
Sec. 231. Lease duration and work commitment requirements.
Sec. 232. Advanced royalties required for cessation of production.
Sec. 233. Annual rental.
Sec. 234. Deposit and use of geothermal lease revenues for 5 fiscal 
          years.
Sec. 235. Acreage limitations.
Sec. 236. Technical amendments.
Sec. 237. Intermountain West Geothermal Consortium.

                        Subtitle C--Hydroelectric

Sec. 241. Alternative conditions and fishways.
Sec. 242. Hydroelectric production incentives.
Sec. 243. Hydroelectric efficiency improvement.
Sec. 244. Alaska State jurisdiction over small hydroelectric projects.
Sec. 245. Flint Creek hydroelectric project.
Sec. 246. Small hydroelectric power projects.

                       Subtitle D--Insular Energy

Sec. 251. Insular areas energy security.
Sec. 252. Projects enhancing insular energy independence.

                         TITLE III--OIL AND GAS

           Subtitle A--Petroleum Reserve and Home Heating Oil

Sec. 301. Permanent authority to operate the Strategic Petroleum Reserve 
          and other energy programs.
Sec. 302. National Oilheat Research Alliance.
Sec. 303. Site selection.

                         Subtitle B--Natural Gas

Sec. 311. Exportation or importation of natural gas.
Sec. 312. New natural gas storage facilities.
Sec. 313. Process coordination; hearings; rules of procedure.
Sec. 314. Penalties.
Sec. 315. Market manipulation.
Sec. 316. Natural gas market transparency rules.
Sec. 317. Federal-State liquefied natural gas forums.
Sec. 318. Prohibition of trading and serving by certain individuals.

                         Subtitle C--Production

Sec. 321. Outer Continental Shelf provisions.
Sec. 322. Hydraulic fracturing.
Sec. 323. Oil and gas exploration and production defined.

                   Subtitle D--Naval Petroleum Reserve

Sec. 331. Transfer of administrative jurisdiction and environmental 
          remediation, Naval Petroleum Reserve Numbered 2, Kern County, 
          California.
Sec. 332. Naval Petroleum Reserve Numbered 2 Lease Revenue Account.
Sec. 333. Land conveyance, portion of Naval Petroleum Reserve Numbered 
          2, to City of Taft, California.
Sec. 334. Revocation of land withdrawal.

                    Subtitle E--Production Incentives

Sec. 341. Definition of Secretary.
Sec. 342. Program on oil and gas royalties in-kind.
Sec. 343. Marginal property production incentives.
Sec. 344. Incentives for natural gas production from deep wells in the 
          shallow waters of the Gulf of Mexico.
Sec. 345. Royalty relief for deep water production.
Sec. 346. Alaska offshore royalty suspension.
Sec. 347. Oil and gas leasing in the National Petroleum Reserve in 
          Alaska.
Sec. 348. North Slope Science Initiative.
Sec. 349. Orphaned, abandoned, or idled wells on Federal land.
Sec. 350. Combined hydrocarbon leasing.
Sec. 351. Preservation of geological and geophysical data.
Sec. 352. Oil and gas lease acreage limitations.
Sec. 353. Gas hydrate production incentive.
Sec. 354. Enhanced oil and natural gas production through carbon dioxide 
          injection.
Sec. 355. Assessment of dependence of State of Hawaii on oil.
Sec. 356. Denali Commission.
Sec. 357. Comprehensive inventory of OCS oil and natural gas resources.

                   Subtitle F--Access to Federal Lands

Sec. 361. Federal onshore oil and gas leasing and permitting practices.
Sec. 362. Management of Federal oil and gas leasing programs.
Sec. 363. Consultation regarding oil and gas leasing on public land.
Sec. 364. Estimates of oil and gas resources underlying onshore Federal 
          land.
Sec. 365. Pilot project to improve Federal permit coordination.
Sec. 366. Deadline for consideration of applications for permits.
Sec. 367. Fair market value determinations for linear rights-of-way 
          across public lands and National Forests.
Sec. 368. Energy right-of-way corridors on Federal land.
Sec. 369. Oil shale, tar sands, and other strategic unconventional 
          fuels.
Sec. 370. Finger Lakes withdrawal.
Sec. 371. Reinstatement of leases.
Sec. 372. Consultation regarding energy rights-of-way on public land.
Sec. 373. Sense of Congress regarding development of minerals under 
          Padre Island National Seashore.
Sec. 374. Livingston Parish mineral rights transfer.

                        Subtitle G--Miscellaneous

Sec. 381. Deadline for decision on appeals of consistency determination 
          under the Coastal Zone Management Act of 1972.
Sec. 382. Appeals relating to offshore mineral development.
Sec. 383. Royalty payments under leases under the Outer Continental 
          Shelf Lands Act.
Sec. 384. Coastal impact assistance program.
Sec. 385. Study of availability of skilled workers.
Sec. 386. Great Lakes oil and gas drilling ban.
Sec. 387. Federal coalbed methane regulation.
Sec. 388. Alternate energy-related uses on the outer Continental Shelf.
Sec. 389. Oil Spill Recovery Institute.
Sec. 390. NEPA review.

                   Subtitle H--Refinery Revitalization

Sec. 391. Findings and definitions.
Sec. 392. Federal-State regulatory coordination and assistance.

                             TITLE IV--COAL

                 Subtitle A--Clean Coal Power Initiative

Sec. 401. Authorization of appropriations.
Sec. 402. Project criteria.
Sec. 403. Report.
Sec. 404. Clean coal centers of excellence.

                    Subtitle B--Clean Power Projects

Sec. 411. Integrated coal/renewable energy system.
Sec. 412. Loan to place Alaska clean coal technology facility in 
          service.
Sec. 413. Western integrated coal gasification demonstration project.
Sec. 414. Coal gasification.
Sec. 415. Petroleum coke gasification.
Sec. 416. Electron scrubbing demonstration.
Sec. 417. Department of Energy transportation fuels from Illinois basin 
          coal.

                  Subtitle C--Coal and Related Programs

Sec. 421. Amendment of the Energy Policy Act of 1992.

                     Subtitle D--Federal Coal Leases

Sec. 431. Short title.
Sec. 432. Repeal of the 160-acre limitation for coal leases.
Sec. 433. Approval of logical mining units.
Sec. 434. Payment of advance royalties under coal leases.
Sec. 435. Elimination of deadline for submission of coal lease operation 
          and reclamation plan.
Sec. 436. Amendment relating to financial assurances with respect to 
          bonus bids.
Sec. 437. Inventory requirement.
Sec. 438. Application of amendments.

                         TITLE V--INDIAN ENERGY

Sec. 501. Short title.
Sec. 502. Office of Indian Energy Policy and Programs.
Sec. 503. Indian energy.
Sec. 504. Consultation with Indian tribes.
Sec. 505. Four Corners transmission line project and electrification.
Sec. 506. Energy efficiency in federally assisted housing.

                        TITLE VI--NUCLEAR MATTERS

                Subtitle A--Price-Anderson Act Amendments

Sec. 601. Short title.
Sec. 602. Extension of indemnification authority.
Sec. 603. Maximum assessment.
Sec. 604. Department liability limit.
Sec. 605. Incidents outside the United States.
Sec. 606. Reports.
Sec. 607. Inflation adjustment.
Sec. 608. Treatment of modular reactors.
Sec. 609. Applicability.
Sec. 610. Civil penalties.

                   Subtitle B--General Nuclear Matters

Sec. 621. Licenses.
Sec. 622. Nuclear Regulatory Commission scholarship and fellowship 
          program.
Sec. 623. Cost recovery from Government agencies.
Sec. 624. Elimination of pension offset for certain rehired Federal 
          retirees.
Sec. 625. Antitrust review.
Sec. 626. Decommissioning.
Sec. 627. Limitation on legal fee reimbursement.
Sec. 628. Decommissioning pilot program.
Sec. 629. Whistleblower protection.
Sec. 630. Medical isotope production.
Sec. 631. Safe disposal of greater-than-Class C radioactive waste.
Sec. 632. Prohibition on nuclear exports to countries that sponsor 
          terrorism.
Sec. 633. Employee benefits.
Sec. 634. Demonstration hydrogen production at existing nuclear power 
          plants.
Sec. 635. Prohibition on assumption by United States Government of 
          liability for certain foreign incidents.
Sec. 636. Authorization of appropriations.
Sec. 637. Nuclear Regulatory Commission user fees and annual charges.
Sec. 638. Standby support for certain nuclear plant delays.
Sec. 639. Conflicts of interest relating to contracts and other 
          arrangements.

            Subtitle C--Next Generation Nuclear Plant Project

Sec. 641. Project establishment.
Sec. 642. Project management.
Sec. 643. Project organization.
Sec. 644. Nuclear Regulatory Commission.
Sec. 645. Project timelines and authorization of appropriations.

                      Subtitle D--Nuclear Security

Sec. 651. Nuclear facility and materials security.
Sec. 652. Fingerprinting and criminal history record checks.
Sec. 653. Use of firearms by security personnel.
Sec. 654. Unauthorized introduction of dangerous weapons.
Sec. 655. Sabotage of nuclear facilities, fuel, or designated material.
Sec. 656. Secure transfer of nuclear materials.
Sec. 657. Department of Homeland Security consultation.

                      TITLE VII--VEHICLES AND FUELS

                      Subtitle A--Existing Programs

Sec. 701. Use of alternative fuels by dual fueled vehicles.
Sec. 702. Incremental cost allocation.
Sec. 703. Alternative compliance and flexibility.
Sec. 704. Review of Energy Policy Act of 1992 programs.
Sec. 705. Report concerning compliance with alternative fueled vehicle 
          purchasing requirements.
Sec. 706. Joint flexible fuel/hybrid vehicle commercialization 
          initiative.
Sec. 707. Emergency exemption.

   Subtitle B--Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses

                         Part 1--Hybrid Vehicles

Sec. 711. Hybrid vehicles.
Sec. 712. Efficient hybrid and advanced diesel vehicles.

                        Part 2--Advanced Vehicles

Sec. 721. Pilot program.
Sec. 722. Reports to Congress.
Sec. 723. Authorization of appropriations.

                         Part 3--Fuel Cell Buses

Sec. 731. Fuel cell transit bus demonstration.

                     Subtitle C--Clean School Buses

Sec. 741. Clean school bus program.
Sec. 742. Diesel truck retrofit and fleet modernization program.
Sec. 743. Fuel cell school buses.

                        Subtitle D--Miscellaneous

Sec. 751. Railroad efficiency.
Sec. 752. Mobile emission reductions trading and crediting.
Sec. 753. Aviation fuel conservation and emissions.
Sec. 754. Diesel fueled vehicles.
Sec. 755. Conserve by Bicycling Program.
Sec. 756. Reduction of engine idling.
Sec. 757. Biodiesel engine testing program.
Sec. 758. Ultra-efficient engine technology for aircraft.
Sec. 759. Fuel economy incentive requirements.

                    Subtitle E--Automobile Efficiency

Sec. 771. Authorization of appropriations for implementation and 
          enforcement of fuel economy standards.
Sec. 772. Extension of maximum fuel economy increase for alternative 
          fueled vehicles.
Sec. 773. Study of feasibility and effects of reducing use of fuel for 
          automobiles.
Sec. 774. Update testing procedures.

                Subtitle F--Federal and State Procurement

Sec. 781. Definitions.
Sec. 782. Federal and State procurement of fuel cell vehicles and 
          hydrogen energy systems.
Sec. 783. Federal procurement of stationary, portable, and micro fuel 
          cells.

                 Subtitle G--Diesel Emissions Reduction

Sec. 791. Definitions.
Sec. 792. National grant and loan programs.
Sec. 793. State grant and loan programs.
Sec. 794. Evaluation and report.
Sec. 795. Outreach and incentives.
Sec. 796. Effect of subtitle.
Sec. 797. Authorization of appropriations.

                          TITLE VIII--HYDROGEN

Sec. 801. Hydrogen and fuel cell program.
Sec. 802. Purposes.
Sec. 803. Definitions.
Sec. 804. Plan.
Sec. 805. Programs.
Sec. 806. Hydrogen and Fuel Cell Technical Task Force.
Sec. 807. Technical Advisory Committee.
Sec. 808. Demonstration.
Sec. 809. Codes and standards.
Sec. 810. Disclosure.
Sec. 811. Reports.
Sec. 812. Solar and wind technologies.
Sec. 813. Technology transfer.
Sec. 814. Miscellaneous provisions.
Sec. 815. Cost sharing.
Sec. 816. Savings clause.

                   TITLE IX--RESEARCH AND DEVELOPMENT

Sec. 901. Short title.
Sec. 902. Goals.
Sec. 903. Definitions.

                      Subtitle A--Energy Efficiency

Sec. 911. Energy efficiency.
Sec. 912. Next Generation Lighting Initiative.
Sec. 913. National Building Performance Initiative.
Sec. 914. Building standards.
Sec. 915. Secondary electric vehicle battery use program.
Sec. 916. Energy Efficiency Science Initiative.
Sec. 917. Advanced Energy Efficiency Technology Transfer Centers.

       Subtitle B--Distributed Energy and Electric Energy Systems

Sec. 921. Distributed energy and electric energy systems.
Sec. 922. High power density industry program.
Sec. 923. Micro-cogeneration energy technology.
Sec. 924. Distributed energy technology demonstration programs.
Sec. 925. Electric transmission and distribution programs.

                      Subtitle C--Renewable Energy

Sec. 931. Renewable energy.
Sec. 932. Bioenergy program.
Sec. 933. Low-cost renewable hydrogen and infrastructure for vehicle 
          propulsion.
Sec. 934. Concentrating solar power research program.
Sec. 935. Renewable energy in public buildings.

   Subtitle D--Agricultural Biomass Research and Development Programs

Sec. 941. Amendments to the Biomass Research and Development Act of 
          2000.
Sec. 942. Production incentives for cellulosic biofuels.
Sec. 943. Procurement of biobased products.
Sec. 944. Small business bioproduct marketing and certification grants.
Sec. 945. Regional bioeconomy development grants.
Sec. 946. Preprocessing and harvesting demonstration grants.
Sec. 947. Education and outreach.
Sec. 948. Reports.

                       Subtitle E--Nuclear Energy

Sec. 951. Nuclear energy.
Sec. 952. Nuclear energy research programs.
Sec. 953. Advanced fuel cycle initiative.
Sec. 954. University nuclear science and engineering support.
Sec. 955. Department of Energy civilian nuclear infrastructure and 
          facilities.
Sec. 956. Security of nuclear facilities.
Sec. 957. Alternatives to industrial radioactive sources.

                        Subtitle F--Fossil Energy

Sec. 961. Fossil energy.
Sec. 962. Coal and related technologies program.
Sec. 963. Carbon capture research and development program.
Sec. 964. Research and development for coal mining technologies.
Sec. 965. Oil and gas research programs.
Sec. 966. Low-volume oil and gas reservoir research program.
Sec. 967. Complex well technology testing facility.
Sec. 968. Methane hydrate research.

                           Subtitle G--Science

Sec. 971. Science.
Sec. 972. Fusion energy sciences program.
Sec. 973. Catalysis research program.
Sec. 974. Hydrogen.
Sec. 975. Solid state lighting.
Sec. 976. Advanced scientific computing for energy missions.
Sec. 977. Systems biology program.
Sec. 978. Fission and fusion energy materials research program.
Sec. 979. Energy and water supplies.
Sec. 980. Spallation Neutron Source.
Sec. 981. Rare isotope accelerator.
Sec. 982. Office of Scientific and Technical Information.
Sec. 983. Science and engineering education pilot program.
Sec. 984. Energy research fellowships.
Sec. 984A. Science and technology scholarship program.

                  Subtitle H--International Cooperation

Sec. 985. Western Hemisphere energy cooperation.
Sec. 986. Cooperation between United States and Israel.
Sec. 986A. International energy training.

           Subtitle I--Research Administration and Operations

Sec. 987. Availability of funds.
Sec. 988. Cost sharing.
Sec. 989. Merit review of proposals.
Sec. 990. External technical review of Departmental programs.
Sec. 991. National Laboratory designation.
Sec. 992. Report on equal employment opportunity practices.
Sec. 993. Strategy and plan for science and energy facilities and 
          infrastructure.
Sec. 994. Strategic research portfolio analysis and coordination plan.
Sec. 995. Competitive award of management contracts.
Sec. 996. Western Michigan demonstration project.
Sec. 997. Arctic Engineering Research Center.
Sec. 998. Barrow Geophysical Research Facility.

  Subtitle J--Ultra-Deepwater and Unconventional Natural Gas and Other 
                           Petroleum Resources

Sec. 999A. Program authority.
Sec. 999B. Ultra-deepwater and unconventional onshore natural gas and 
          other petroleum research and development program.
Sec. 999C. Additional requirements for awards.
Sec. 999D. Advisory committees.
Sec. 999E. Limits on participation.
Sec. 999F. Sunset.
Sec. 999G. Definitions.
Sec. 999H. Funding.

                TITLE X--DEPARTMENT OF ENERGY MANAGEMENT

Sec. 1001. Improved technology transfer of energy technologies.
Sec. 1002. Technology Infrastructure Program.
Sec. 1003. Small business advocacy and assistance.
Sec. 1004. Outreach.
Sec. 1005. Relationship to other laws.
Sec. 1006. Improved coordination and management of civilian science and 
          technology programs.
Sec. 1007. Other transactions authority.
Sec. 1008. Prizes for achievement in grand challenges of science and 
          technology.
Sec. 1009. Technical corrections.
Sec. 1010. University collaboration.
Sec. 1011. Sense of Congress.

                    TITLE XI--PERSONNEL AND TRAINING

Sec. 1101. Workforce trends and traineeship grants.
Sec. 1102. Educational programs in science and mathematics.
Sec. 1103. Training guidelines for nonnuclear electric energy industry 
          personnel.
Sec. 1104. National Center for Energy Management and Building 
          Technologies.
Sec. 1105. Improved access to energy-related scientific and technical 
          careers.
Sec. 1106. National Power Plant Operations Technology and Educational 
          Center.

                         TITLE XII--ELECTRICITY

Sec. 1201. Short title.

                    Subtitle A--Reliability Standards

Sec. 1211. Electric reliability standards.

          Subtitle B--Transmission Infrastructure Modernization

Sec. 1221. Siting of interstate electric transmission facilities.
Sec. 1222. Third-party finance.
Sec. 1223. Advanced transmission technologies.
Sec. 1224. Advanced Power System Technology Incentive Program.

             Subtitle C--Transmission Operation Improvements

Sec. 1231. Open nondiscriminatory access.
Sec. 1232. Federal utility participation in Transmission Organizations.
Sec. 1233. Native load service obligation.
Sec. 1234. Study on the benefits of economic dispatch.
Sec. 1235. Protection of transmission contracts in the Pacific 
          Northwest.
Sec. 1236. Sense of Congress regarding locational installed capacity 
          mechanism.

                  Subtitle D--Transmission Rate Reform

Sec. 1241. Transmission infrastructure investment.
Sec. 1242. Funding new interconnection and transmission upgrades.

                     Subtitle E--Amendments to PURPA

Sec. 1251. Net metering and additional standards.
Sec. 1252. Smart metering.
Sec. 1253. Cogeneration and small power production purchase and sale 
          requirements.
Sec. 1254. Interconnection.

                       Subtitle F--Repeal of PUHCA

Sec. 1261. Short title.
Sec. 1262. Definitions.
Sec. 1263. Repeal of the Public Utility Holding Company Act of 1935.
Sec. 1264. Federal access to books and records.
Sec. 1265. State access to books and records.
Sec. 1266. Exemption authority.
Sec. 1267. Affiliate transactions.
Sec. 1268. Applicability.
Sec. 1269. Effect on other regulations.
Sec. 1270. Enforcement.
Sec. 1271. Savings provisions.
Sec. 1272. Implementation.
Sec. 1273. Transfer of resources.
Sec. 1274. Effective date.
Sec. 1275. Service allocation.
Sec. 1276. Authorization of appropriations.
Sec. 1277. Conforming amendments to the Federal Power Act.

  Subtitle G--Market Transparency, Enforcement, and Consumer Protection

Sec. 1281. Electricity market transparency.
Sec. 1282. False statements.
Sec. 1283. Market manipulation.
Sec. 1284. Enforcement.
Sec. 1285. Refund effective date.
Sec. 1286. Refund authority.
Sec. 1287. Consumer privacy and unfair trade practices.
Sec. 1288. Authority of court to prohibit individuals from serving as 
          officers, directors, and energy traders.
Sec. 1289. Merger review reform.
Sec. 1290. Relief for extraordinary violations.

                         Subtitle H--Definitions

Sec. 1291. Definitions.

             Subtitle I--Technical and Conforming Amendments

Sec. 1295. Conforming amendments.

                      Subtitle J--Economic Dispatch

Sec. 1298. Economic dispatch.

                TITLE XIII--ENERGY POLICY TAX INCENTIVES

Sec. 1300. Short title; amendment to 1986 code.

                 Subtitle A--Electricity Infrastructure

Sec. 1301. Extension and modification of renewable electricity 
          production credit.
Sec. 1302. Application of section 45 credit to agricultural 
          cooperatives.
Sec. 1303. Clean renewable energy bonds.
Sec. 1304. Treatment of income of certain electric cooperatives.
Sec. 1305. Dispositions of transmission property to implement FERC 
          restructuring policy.
Sec. 1306. Credit for production from advanced nuclear power facilities.
Sec. 1307. Credit for investment in clean coal facilities.
Sec. 1308. Electric transmission property treated as 15-year property.
Sec. 1309. Expansion of amortization for certain atmospheric pollution 
          control facilities in connection with plants first placed in 
          service after 1975.
Sec. 1310. Modifications to special rules for nuclear decommissioning 
          costs.
Sec. 1311. 5-year net operating loss carryover for certain losses.

                Subtitle B--Domestic Fossil Fuel Security

Sec. 1321. Extension of credit for producing fuel from a nonconventional 
          source for facilities producing coke or coke gas.
Sec. 1322. Modification of credit for producing fuel from a 
          nonconventional source.
Sec. 1323. Temporary expensing for equipment used in refining of liquid 
          fuels.
Sec. 1324. Pass through to owners of deduction for capital costs 
          incurred by small refiner cooperatives in complying with 
          Environmental Protection Agency sulfur regulations.
Sec. 1325. Natural gas distribution lines treated as 15-year property.
Sec. 1326. Natural gas gathering lines treated as 7-year property.
Sec. 1327. Arbitrage rules not to apply to prepayments for natural gas.
Sec. 1328. Determination of small refiner exception to oil depletion 
          deduction.
Sec. 1329. Amortization of geological and geophysical expenditures.

        Subtitle C--Conservation and Energy Efficiency Provisions

Sec. 1331. Energy efficient commercial buildings deduction.
Sec. 1332. Credit for construction of new energy efficient homes.
Sec. 1333. Credit for certain nonbusiness energy property.
Sec. 1334. Credit for energy efficient appliances.
Sec. 1335. Credit for residential energy efficient property.
Sec. 1336. Credit for business installation of qualified fuel cells and 
          stationary microturbine power plants.
Sec. 1337. Business solar investment tax credit.

       Subtitle D--Alternative Motor Vehicles and Fuels Incentives

Sec. 1341. Alternative motor vehicle credit.
Sec. 1342. Credit for installation of alternative fueling stations.
Sec. 1343. Reduced motor fuel excise tax on certain mixtures of diesel 
          fuel.
Sec. 1344. Extension of excise tax provisions and income tax credit for 
          biodiesel.
Sec. 1345. Small agri-biodiesel producer credit.
Sec. 1346. Renewable diesel.
Sec. 1347. Modification of small ethanol producer credit.
Sec. 1348. Sunset of deduction for clean-fuel vehicles and certain 
          refueling property.

              Subtitle E--Additional Energy Tax Incentives

Sec. 1351. Expansion of research credit.
Sec. 1352. National Academy of Sciences study and report.
Sec. 1353. Recycling study.

                 Subtitle F--Revenue Raising Provisions

Sec. 1361. Oil Spill Liability Trust Fund financing rate.
Sec. 1362. Extension of Leaking Underground Storage Tank Trust Fund 
          financing rate.
Sec. 1363. Modification of recapture rules for amortizable section 197 
          intangibles.
Sec. 1364. Clarification of tire excise tax.

                        TITLE XIV--MISCELLANEOUS

                         Subtitle A--In General

Sec. 1401. Sense of Congress on risk assessments.
Sec. 1402. Energy production incentives.
Sec. 1403. Regulation of certain oil used in transformers.
Sec. 1404. Petrochemical and oil refinery facility health assessment.
Sec. 1405. National Priority Project Designation.
Sec. 1406. Cold cracking.
Sec. 1407. Oxygen-fuel.

                      Subtitle B--Set America Free

Sec. 1421. Short title.
Sec. 1422. Purpose.
Sec. 1423. United States Commission on North American Energy Freedom.
Sec. 1424. North American energy freedom policy.

                    TITLE XV--ETHANOL AND MOTOR FUELS

                     Subtitle A--General Provisions

Sec. 1501. Renewable content of gasoline.
Sec. 1502. Findings.
Sec. 1503. Claims filed after enactment.
Sec. 1504. Elimination of oxygen content requirement for reformulated 
          gasoline.
Sec. 1505. Public health and environmental impacts of fuels and fuel 
          additives.
Sec. 1506. Analyses of motor vehicle fuel changes.
Sec. 1507. Additional opt-in areas under reformulated gasoline program.
Sec. 1508. Data collection.
Sec. 1509. Fuel system requirements harmonization study.
Sec. 1510. Commercial byproducts from municipal solid waste and 
          cellulosic biomass loan guarantee program.
Sec. 1511. Renewable fuel.
Sec. 1512. Conversion assistance for cellulosic biomass, waste-derived 
          ethanol, approved renewable fuels.
Sec. 1513. Blending of compliant reformulated gasolines.
Sec. 1514. Advanced biofuel technologies program.
Sec. 1515. Waste-derived ethanol and biodiesel.
Sec. 1516. Sugar ethanol loan guarantee program.

             Subtitle B--Underground Storage Tank Compliance

Sec. 1521. Short title.
Sec. 1522. Leaking underground storage tanks.
Sec. 1523. Inspection of underground storage tanks.
Sec. 1524. Operator training.
Sec. 1525. Remediation from oxygenated fuel additives.
Sec. 1526. Release prevention, compliance, and enforcement.
Sec. 1527. Delivery prohibition.
Sec. 1528. Federal facilities.
Sec. 1529. Tanks on tribal lands.
Sec. 1530. Additional measures to protect groundwater.
Sec. 1531. Authorization of appropriations.
Sec. 1532. Conforming amendments.
Sec. 1533. Technical amendments.

                       Subtitle C--Boutique Fuels

Sec. 1541. Reducing the proliferation of boutique fuels.

                        TITLE XVI--CLIMATE CHANGE

        Subtitle A--National Climate Change Technology Deployment

Sec. 1601. Greenhouse gas intensity reducing technology strategies.

Subtitle B--Climate Change Technology Deployment in Developing Countries

Sec. 1611. Climate change technology deployment in developing countries.

           TITLE XVII--INCENTIVES FOR INNOVATIVE TECHNOLOGIES

Sec. 1701. Definitions.
Sec. 1702. Terms and conditions.
Sec. 1703. Eligible projects.
Sec. 1704. Authorization of appropriations.

                          TITLE XVIII--STUDIES

Sec. 1801. Study on inventory of petroleum and natural gas storage.
Sec. 1802. Study of energy efficiency standards.
Sec. 1803. Telecommuting study.
Sec. 1804. LIHEAP Report.
Sec. 1805. Oil bypass filtration technology.
Sec. 1806. Total integrated thermal systems.
Sec. 1807. Report on energy integration with Latin America.
Sec. 1808. Low-volume gas reservoir study.
Sec. 1809. Investigation of gasoline prices.
Sec. 1810. Alaska natural gas pipeline.
Sec. 1811. Coal bed methane study.
Sec. 1812. Backup fuel capability study.
Sec. 1813. Indian land rights-of-way.
Sec. 1814. Mobility of scientific and technical personnel.
Sec. 1815. Interagency review of competition in the wholesale and retail 
          markets for electric energy.
Sec. 1816. Study of rapid electrical grid restoration.
Sec. 1817. Study of distributed generation.
Sec. 1818. Natural gas supply shortage report.
Sec. 1819. Hydrogen participation study.
Sec. 1820. Overall employment in a hydrogen economy.
Sec. 1821. Study of best management practices for energy research and 
          development programs.
Sec. 1822. Effect of electrical contaminants on reliability of energy 
          production systems.
Sec. 1823. Alternative fuels reports.
Sec. 1824. Final action on refunds for excessive charges.
Sec. 1825. Fuel cell and hydrogen technology study.
Sec. 1826. Passive solar technologies.
Sec. 1827. Study of link between energy security and increases in 
          vehicle miles traveled.
Sec. 1828. Science study on cumulative impacts of multiple offshore 
          liquefied natural gas facilities.
Sec. 1829. Energy and water saving measures in congressional buildings.
Sec. 1830. Study of availability of skilled workers.
Sec. 1831. Review of Energy Policy Act of 1992 programs.
Sec. 1832. Study on the benefits of economic dispatch.
Sec. 1833. Renewable energy on Federal land.
Sec. 1834. Increased hydroelectric generation at existing Federal 
          facilities.
Sec. 1835. Split-estate Federal oil and gas leasing and development 
          practices.
Sec. 1836. Resolution of Federal resource development conflicts in the 
          Powder River Basin.
Sec. 1837. National security review of international energy 
          requirements.
Sec. 1838. Used oil re-refining study.
Sec. 1839. Transmission system monitoring.
Sec. 1840. Report identifying and describing the status of potential 
          hydropower facilities.

SEC. 2. DEFINITIONS.

    Except as otherwise provided, in this Act:
            (1) Department.--The term ``Department'' means the 
        Department of Energy.
            (2) Institution of higher education.--
                    (A) In general.--The term ``institution of 
                higher education'' has the meaning given the 
                term in section 101(a) of the Higher Education 
                Act of 1065 (20 U.S.C. 1001(a)).
                    (B) Inclusion.--The term ``institution of 
                higher education'' includes an organization 
                that--
                            (i) is organized, and at all times 
                        thereafter operated, exclusively for 
                        the benefit of, to perform the 
                        functions of, or to carry out the 
                        functions of 1 or more organizations 
                        referred to in subparagraph (A); and
                            (ii) is operated, supervised, or 
                        controlled by or in connection with 1 
                        or more of those organizations.
            (3) National laboratory.--The term ``National 
        Laboratory'' means any of the following laboratories 
        owned by the Department:
                    (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.
            (4) Secretary.--The term ``Secretary'' means the 
        Secretary of Energy.
            (5) Small business concern.--The term ``small 
        business concern'' has the meaning given the term in 
        section 3 of the Small Business Act (15 U.S.C. 632).

                       TITLE I--ENERGY EFFICIENCY

                      Subtitle A--Federal Programs

SEC. 101. ENERGY AND WATER SAVING MEASURES IN CONGRESSIONAL BUILDINGS.

    (a) In General.--Part 3 of title V of the National Energy 
Conservation Policy Act (42 U.S.C. 8251 et seq.) is amended by 
adding at the end the following:

``SEC. 552. ENERGY AND WATER SAVINGS MEASURES IN CONGRESSIONAL 
                    BUILDINGS.

    ``(a) In General.--The Architect of the Capitol--
            ``(1) shall develop, update, and implement a cost-
        effective energy conservation and management plan 
        (referred to in this section as the `plan') for all 
        facilities administered by Congress (referred to in 
        this section as `congressional buildings') to meet the 
        energy performance requirements for Federal buildings 
        established under section 543(a)(1); and
            ``(2) shall submit the plan to Congress, not later 
        than 180 days after the date of enactment of this 
        section.
    ``(b) Plan Requirements.--The plan shall include--
            ``(1) a description of the life cycle cost analysis 
        used to determine the cost-effectiveness of proposed 
        energy efficiency projects;
            ``(2) a schedule of energy surveys to ensure 
        complete surveys of all congressional buildings every 5 
        years to determine the cost and payback period of 
        energy and water conservation measures;
            ``(3) a strategy for installation of life cycle 
        cost-effective energy and water conservation measures;
            ``(4) the results of a study of the costs and 
        benefits of installation of submetering in 
        congressional buildings; and
            ``(5) information packages and `how-to' guides for 
        each Member and employing authority of Congress that 
        detail simple, cost-effective methods to save energy 
        and taxpayer dollars in the workplace.
    ``(c) Annual Report.--The Architect of the Capitol shall 
submit to Congress annually a report on congressional energy 
management and conservation programs required under this 
section that describes in detail--
            ``(1) energy expenditures and savings estimates for 
        each facility;
            ``(2) energy management and conservation projects; 
        and
            ``(3) future priorities to ensure compliance with 
        this section.''.
    (b) Table of Contents Amendment.--The table of contents of 
the National Energy Conservation Policy Act is amended by 
adding at the end of the items relating to part 3 of title V 
the following new item:

``Sec. 552. Energy and water savings measures in congressional 
          buildings''.

    (c) Repeal.--Section 310 of the Legislative Branch 
Appropriations Act, 1999 (2 U.S.C. 1815), is repealed.

SEC. 102. ENERGY MANAGEMENT REQUIREMENTS.

    (a) Energy Reduction Goals.--
            (1) Amendment.--Section 543(a)(1) of the National 
        Energy Conservation Policy Act (42 U.S.C. 8253(a)(1)) 
        is amended by striking ``its Federal buildings so 
        that'' and all that follows through the end and 
        inserting ``the Federal buildings of the agency 
        (including each industrial or laboratory facility) so 
        that the energy consumption per gross square foot of 
        the Federal buildings of the agency in fiscal years 
        2006 through 2015 is reduced, as compared with the 
        energy consumption per gross square foot of the Federal 
        buildings of the agency in fiscal year 2003, by the 
        percentage specified in the following table:

  ``Fiscal Year                                     Percentage reduction
        2006..................................................        2 
        2007..................................................        4 
        2008..................................................        6 
        2009..................................................        8 
        2010..................................................       10 
        2011..................................................       12 
        2012..................................................       14 
        2013..................................................       16 
        2014..................................................       18 
        2015..................................................       20.

            (2) Reporting baseline.--The energy reduction goals 
        and baseline established in paragraph (1) of section 
        543(a) of the National Energy Conservation Policy Act 
        (42 U.S.C. 8253(a)(1)), as amended by this subsection, 
        supersede all previous goals and baselines under such 
        paragraph, and related reporting requirements.
    (b) Review and Revision of Energy Performance 
Requirement.--Section 543(a) of the National Energy 
Conservation Policy Act (42 U.S.C. 8253(a)) is further amended 
by adding at the end the following:
    ``(3) Not later than December 31, 2014, the Secretary shall 
review the results of the implementation of the energy 
performance requirement established under paragraph (1) and 
submit to Congress recommendations concerning energy 
performance requirements for fiscal years 2016 through 2025.''.
    (c) Exclusions.--Section 543(c)(1) of the National Energy 
Conservation Policy Act (42 U.S.C. 8253(c)(1)) is amended by 
striking ``An agency may exclude'' and all that follows through 
the end and inserting ``(A) An agency may exclude, from the 
energy performance requirement for a fiscal year established 
under subsection (a) and the energy management requirement 
established under subsection (b), any Federal building or 
collection of Federal buildings, if the head of the agency 
finds that--
            ``(i) compliance with those requirements would be 
        impracticable;
            ``(ii) the agency has completed and submitted all 
        federally required energy management reports;
            ``(iii) the agency has achieved compliance with the 
        energy efficiency requirements of this Act, the Energy 
        Policy Act of 1992, Executive orders, and other Federal 
        law; and
            ``(iv) the agency has implemented all practicable, 
        life cycle cost-effective projects with respect to the 
        Federal building or collection of Federal buildings to 
        be excluded.
    ``(B) A finding of impracticability under subparagraph 
(A)(i) shall be based on--
            ``(i) the energy intensiveness of activities 
        carried out in the Federal building or collection of 
        Federal buildings; or
            ``(ii) the fact that the Federal building or 
        collection of Federal buildings is used in the 
        performance of a national security function.''.
    (d) Review by Secretary.--Section 543(c)(2) of the National 
Energy Conservation Policy Act (42 U.S.C. 8253(c)(2)) is 
amended--
            (1) by striking ``impracticability standards'' and 
        inserting ``standards for exclusion'';
            (2) by striking ``a finding of impracticability'' 
        and inserting ``the exclusion''; and
            (3) by striking ``energy consumption requirements'' 
        and inserting ``requirements of subsections (a) and 
        (b)(1)''.
    (e) Criteria.--Section 543(c) of the National Energy 
Conservation Policy Act (42 U.S.C. 8253(c)) is further amended 
by adding at the end the following:
    ``(3) Not later than 180 days after the date of enactment 
of this paragraph, the Secretary shall issue guidelines that 
establish criteria for exclusions under paragraph (1).''.
    (f) Retention of Energy and Water Savings.--Section 546 of 
the National Energy Conservation Policy Act (42 U.S.C. 8256) is 
amended by adding at the end the following new subsection:
    ``(e) Retention of Energy and Water Savings.--An agency may 
retain any funds appropriated to that agency for energy 
expenditures, water expenditures, or wastewater treatment 
expenditures, at buildings subject to the requirements of 
section 543(a) and (b), that are not made because of energy 
savings or water savings. Except as otherwise provided by law, 
such funds may be used only for energy efficiency, water 
conservation, or unconventional and renewable energy resources 
projects. Such projects shall be subject to the requirements of 
section 3307 of title 40, United States Code.''.
    (g) Reports.--Section 548(b) of the National Energy 
Conservation Policy Act (42 U.S.C. 8258(b)) is amended--
            (1) in the subsection heading, by inserting ``the 
        President and'' before ``Congress''; and
            (2) by inserting ``President and'' before 
        ``Congress''.
    (h) Conforming Amendment.--Section 550(d) of the National 
Energy Conservation Policy Act (42 U.S.C. 8258b(d)) is amended 
in the second sentence by striking ``the 20 percent reduction 
goal established under section 543(a) of the National Energy 
Conservation Policy Act (42 U.S.C. 8253(a)).'' and inserting 
``each of the energy reduction goals established under section 
543(a).''.

SEC. 103. ENERGY USE MEASUREMENT AND ACCOUNTABILITY.

    Section 543 of the National Energy Conservation Policy Act 
(42 U.S.C. 8253) is further amended by adding at the end the 
following:
    ``(e) Metering of Energy Use.--
            ``(1) Deadline.--By October 1, 2012, in accordance 
        with guidelines established by the Secretary under 
        paragraph (2), all Federal buildings shall, for the 
        purposes of efficient use of energy and reduction in 
        the cost of electricity used in such buildings, be 
        metered. Each agency shall use, to the maximum extent 
        practicable, advanced meters or advanced metering 
        devices that provide data at least daily and that 
        measure at least hourly consumption of electricity in 
        the Federal buildings of the agency. Such data shall be 
        incorporated into existing Federal energy tracking 
        systems and made available to Federal facility 
        managers.
            ``(2) Guidelines.--
                    ``(A) In general.--Not later than 180 days 
                after the date of enactment of this subsection, 
                the Secretary, in consultation with the 
                Department of Defense, the General Services 
                Administration, representatives from the 
                metering industry, utility industry, energy 
                services industry, energy efficiency industry, 
                energy efficiency advocacy organizations, 
                national laboratories, universities, and 
                Federal facility managers, shall establish 
                guidelines for agencies to carry out paragraph 
                (1).
                    ``(B) Requirements for guidelines.--The 
                guidelines shall--
                            ``(i) take into consideration--
                                    ``(I) the cost of metering 
                                and the reduced cost of 
                                operation and maintenance 
                                expected to result from 
                                metering;
                                    ``(II) the extent to which 
                                metering is expected to result 
                                in increased potential for 
                                energy management, increased 
                                potential for energy savings 
                                and energy efficiency 
                                improvement, and cost and 
                                energy savings due to utility 
                                contract aggregation; and
                                    ``(III) the measurement and 
                                verification protocols of the 
                                Department of Energy;
                            ``(ii) include recommendations 
                        concerning the amount of funds and the 
                        number of trained personnel necessary 
                        to gather and use the metering 
                        information to track and reduce energy 
                        use;
                            ``(iii) establish priorities for 
                        types and locations of buildings to be 
                        metered based on cost-effectiveness and 
                        a schedule of 1 or more dates, not 
                        later than 1 year after the date of 
                        issuance of the guidelines, on which 
                        the requirements specified in paragraph 
                        (1) shall take effect; and
                            ``(iv) establish exclusions from 
                        the requirements specified in paragraph 
                        (1) based on the de minimis quantity of 
                        energy use of a Federal building, 
                        industrial process, or structure.
            ``(3) Plan.--Not later than 6 months after the date 
        guidelines are established under paragraph (2), in a 
        report submitted by the agency under section 548(a), 
        each agency shall submit to the Secretary a plan 
        describing how the agency will implement the 
        requirements of paragraph (1), including (A) how the 
        agency will designate personnel primarily responsible 
        for achieving the requirements and (B) demonstration by 
        the agency, complete with documentation, of any finding 
        that advanced meters or advanced metering devices, as 
        defined in paragraph (1), are not practicable.''.

SEC. 104. PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.

    (a) Requirements.--Part 3 of title V of the National Energy 
Conservation Policy Act (42 U.S.C. 8251 et seq.), as amended by 
section 101, is amended by adding at the end the following:

``SEC. 553. FEDERAL PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.

    ``(a) Definitions.--In this section:
            ``(1) Agency.--The term `agency' has the meaning 
        given that term in section 7902(a) of title 5, United 
        States Code.
            ``(2) Energy star product.--The term `Energy Star 
        product' means a product that is rated for energy 
        efficiency under an Energy Star program.
            ``(3) Energy star program.--The term `Energy Star 
        program' means the program established by section 324A 
        of the Energy Policy and Conservation Act.
            ``(4) FEMP designated product.--The term `FEMP 
        designated product' means a product that is designated 
        under the Federal Energy Management Program of the 
        Department of Energy as being among the highest 25 
        percent of equivalent products for energy efficiency.
            ``(5) Product.--The term `product' does not include 
        any energy consuming product or system designed or 
        procured for combat or combat-related missions.
    ``(b) Procurement of Energy Efficient Products.--
            ``(1) Requirement.--To meet the requirements of an 
        agency for an energy consuming product, the head of the 
        agency shall, except as provided in paragraph (2), 
        procure--
                    ``(A) an Energy Star product; or
                    ``(B) a FEMP designated product.
            ``(2) Exceptions.--The head of an agency is not 
        required to procure an Energy Star product or FEMP 
        designated product under paragraph (1) if the head of 
        the agency finds in writing that--
                    ``(A) an Energy Star product or FEMP 
                designated product is not cost-effective over 
                the life of the product taking energy cost 
                savings into account; or
                    ``(B) no Energy Star product or FEMP 
                designated product is reasonably available that 
                meets the functional requirements of the 
                agency.
            ``(3) Procurement planning.--The head of an agency 
        shall incorporate into the specifications for all 
        procurements involving energy consuming products and 
        systems, including guide specifications, project 
        specifications, and construction, renovation, and 
        services contracts that include provision of energy 
        consuming products and systems, and into the factors 
        for the evaluation of offers received for the 
        procurement, criteria for energy efficiency that are 
        consistent with the criteria used for rating Energy 
        Star products and for rating FEMP designated products.
    ``(c) Listing of Energy Efficient Products in Federal 
Catalogs.--Energy Star products and FEMP designated products 
shall be clearly identified and prominently displayed in any 
inventory or listing of products by the General Services 
Administration or the Defense Logistics Agency. The General 
Services Administration or the Defense Logistics Agency shall 
supply only Energy Star products or FEMP designated products 
for all product categories covered by the Energy Star program 
or the Federal Energy Management Program, except in cases where 
the agency ordering a product specifies in writing that no 
Energy Star product or FEMP designated product is available to 
meet the buyer's functional requirements, or that no Energy 
Star product or FEMP designated product is cost-effective for 
the intended application over the life of the product, taking 
energy cost savings into account.
    ``(d) Specific Products.--(1) In the case of electric 
motors of 1 to 500 horsepower, agencies shall select only 
premium efficient motors that meet a standard designated by the 
Secretary. The Secretary shall designate such a standard not 
later than 120 days after the date of the enactment of this 
section, after considering the recommendations of associated 
electric motor manufacturers and energy efficiency groups.
    ``(2) All Federal agencies are encouraged to take actions 
to maximize the efficiency of air conditioning and 
refrigeration equipment, including appropriate cleaning and 
maintenance, including the use of any system treatment or 
additive that will reduce the electricity consumed by air 
conditioning and refrigeration equipment. Any such treatment or 
additive must be--
            ``(A) determined by the Secretary to be effective 
        in increasing the efficiency of air conditioning and 
        refrigeration equipment without having an adverse 
        impact on air conditioning performance (including 
        cooling capacity) or equipment useful life;
            ``(B) determined by the Administrator of the 
        Environmental Protection Agency to be environmentally 
        safe; and
                    ``(C) shown to increase seasonal energy 
                efficiency ratio (SEER) or energy efficiency 
                ratio (EER) when tested by the National 
                Institute of Standards and Technology according 
                to Department of Energy test procedures without 
                causing any adverse impact on the system, 
                system components, the refrigerant or 
                lubricant, or other materials in the system.

        Results of testing described in subparagraph (C) shall 
        be published in the Federal Register for public review 
        and comment. For purposes of this section, a hardware 
        device or primary refrigerant shall not be considered 
        an additive.
    ``(e) Regulations.--Not later than 180 days after the date 
of the enactment of this section, the Secretary shall issue 
guidelines to carry out this section.''.
    (b) Conforming Amendment.--The table of contents of the 
National Energy Conservation Policy Act is further amended by 
inserting after the item relating to section 552 the following 
new item:

``Sec. 553. Federal procurement of energy efficient products.''.

SEC. 105. ENERGY SAVINGS PERFORMANCE CONTRACTS.

    (a) Extension.--Section 801(c) of the National Energy 
Conservation Policy Act (42 U.S.C. 8287(c)) is amended by 
striking ``2006'' and inserting ``2016''.
    (b) Extension of Authority.--Any energy savings performance 
contract entered into under section 801 of the National Energy 
Conservation Policy Act (42 U.S.C. 8287) after October 1, 2003, 
and before the date of enactment of this Act, shall be 
considered to have been entered into under that section.

SEC. 106. VOLUNTARY COMMITMENTS TO REDUCE INDUSTRIAL ENERGY INTENSITY.

    (a) Definition of Energy Intensity.--In this section, the 
term ``energy intensity'' means the primary energy consumed for 
each unit of physical output in an industrial process.
    (b) Voluntary Agreements.--The Secretary may enter into 
voluntary agreements with 1 or more persons in industrial 
sectors that consume significant quantities of primary energy 
for each unit of physical output to reduce the energy intensity 
of the production activities of the persons.
    (c) Goal.--Voluntary agreements under this section shall 
have as a goal the reduction of energy intensity by not less 
than 2.5 percent each year during the period of calendar years 
2007 through 2016.
    (d) Recognition.--The Secretary, in cooperation with other 
appropriate Federal agencies, shall develop mechanisms to 
recognize and publicize the achievements of participants in 
voluntary agreements under this section.
    (e) Technical Assistance.--A person that enters into an 
agreement under this section and continues to make a good faith 
effort to achieve the energy efficiency goals specified in the 
agreement shall be eligible to receive from the Secretary a 
grant or technical assistance, as appropriate, to assist in the 
achievement of those goals.
    (f) Report.--Not later than each of June 30, 2012, and June 
30, 2017, the Secretary shall submit to Congress a report 
that--
            (1) evaluates the success of the voluntary 
        agreements under this section; and
            (2) provides independent verification of a sample 
        of the energy savings estimates provided by 
        participating firms.

SEC. 107. ADVANCED BUILDING EFFICIENCY TESTBED.

    (a) Establishment.--The Secretary, in consultation with the 
Administrator of General Services, shall establish an Advanced 
Building Efficiency Testbed program for the development, 
testing, and demonstration of advanced engineering systems, 
components, and materials to enable innovations in building 
technologies. The program shall evaluate efficiency concepts 
for government and industry buildings, and demonstrate the 
ability of next generation buildings to support individual and 
organizational productivity and health (including by improving 
indoor air quality) as well as flexibility and technological 
change to improve environmental sustainability. Such program 
shall complement and not duplicate existing national programs.
    (b) Participants.--The program established under subsection 
(a) shall be led by a university with the ability to combine 
the expertise from numerous academic fields including, at a 
minimum, intelligent workplaces and advanced building systems 
and engineering, electrical and computer engineering, computer 
science, architecture, urban design, and environmental and 
mechanical engineering. Such university shall partner with 
other universities and entities who have established programs 
and the capability of advancing innovative building efficiency 
technologies.
    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary to carry out this section 
$6,000,000 for each of the fiscal years 2006 through 2008, to 
remain available until expended. For any fiscal year in which 
funds are expended under this section, the Secretary shall 
provide \1/3\ of the total amount to the lead university 
described in subsection (b), and provide the remaining \2/3\ to 
the other participants referred to in subsection (b) on an 
equal basis.

SEC. 108. INCREASED USE OF RECOVERED MINERAL COMPONENT IN FEDERALLY 
                    FUNDED PROJECTS INVOLVING PROCUREMENT OF CEMENT OR 
                    CONCRETE.

    (a) Amendment.--Subtitle F of the Solid Waste Disposal Act 
(42 U.S.C. 6961 et seq.) is amended by adding at the end the 
following:

  ``INCREASED USE OF RECOVERED MINERAL COMPONENT IN FEDERALLY FUNDED 
          PROJECTS INVOLVING PROCUREMENT OF CEMENT OR CONCRETE

    ``Sec. 6005. (a) Definitions.--In this section:
            ``(1) Agency head.--The term `agency head' means--
                    ``(A) the Secretary of Transportation; and
                    ``(B) the head of any other Federal agency 
                that, on a regular basis, procures, or provides 
                Federal funds to pay or assist in paying the 
                cost of procuring, material for cement or 
                concrete projects.
            ``(2) Cement or concrete project.--The term `cement 
        or concrete project' means a project for the 
        construction or maintenance of a highway or other 
        transportation facility or a Federal, State, or local 
        government building or other public facility that--
                    ``(A) involves the procurement of cement or 
                concrete; and
                    ``(B) is carried out, in whole or in part, 
                using Federal funds.
            ``(3) Recovered mineral component.--The term 
        `recovered mineral component' means--
                    ``(A) ground granulated blast furnace slag, 
                excluding lead slag;
                    ``(B) coal combustion fly ash; and
                    ``(C) any other waste material or byproduct 
                recovered or diverted from solid waste that the 
                Administrator, in consultation with an agency 
                head, determines should be treated as recovered 
                mineral component under this section for use in 
                cement or concrete projects paid for, in whole 
                or in part, by the agency head.
    ``(b) Implementation of Requirements.--
            ``(1) In general.--Not later than 1 year after the 
        date of enactment of this section, the Administrator 
        and each agency head shall take such actions as are 
        necessary to implement fully all procurement 
        requirements and incentives in effect as of the date of 
        enactment of this section (including guidelines under 
        section 6002) that provide for the use of cement and 
        concrete incorporating recovered mineral component in 
        cement or concrete projects.
            ``(2) Priority.--In carrying out paragraph (1), an 
        agency head shall give priority to achieving greater 
        use of recovered mineral component in cement or 
        concrete projects for which recovered mineral 
        components historically have not been used or have been 
        used only minimally.
            ``(3) Federal procurement requirements.--The 
        Administrator and each agency head shall carry out this 
        subsection in accordance with section 6002.
    ``(c) Full Implementation Study.--
            ``(1) In general.--The Administrator, in 
        cooperation with the Secretary of Transportation and 
        the Secretary of Energy, shall conduct a study to 
        determine the extent to which procurement requirements, 
        when fully implemented in accordance with subsection 
        (b), may realize energy savings and environmental 
        benefits attainable with substitution of recovered 
        mineral component in cement used in cement or concrete 
        projects.
            ``(2) Matters to be addressed.--The study shall--
                    ``(A) quantify--
                            ``(i) the extent to which recovered 
                        mineral components are being 
                        substituted for Portland cement, 
                        particularly as a result of procurement 
                        requirements; and
                            ``(ii) the energy savings and 
                        environmental benefits associated with 
                        the substitution;
                    ``(B) identify all barriers in procurement 
                requirements to greater realization of energy 
                savings and environmental benefits, including 
                barriers resulting from exceptions from the 
                law; and
                    ``(C)(i) identify potential mechanisms to 
                achieve greater substitution of recovered 
                mineral component in types of cement or 
                concrete projects for which recovered mineral 
                components historically have not been used or 
                have been used only minimally;
                    ``(ii) evaluate the feasibility of 
                establishing guidelines or standards for 
                optimized substitution rates of recovered 
                mineral component in those cement or concrete 
                projects; and
                    ``(iii) identify any potential 
                environmental or economic effects that may 
                result from greater substitution of recovered 
                mineral component in those cement or concrete 
                projects.
            ``(3) Report.--Not later than 30 months after the 
        date of enactment of this section, the Administrator 
        shall submit to Congress a report on the study.
    ``(d) Additional Procurement Requirements.--Unless the 
study conducted under subsection (c) identifies any effects or 
other problems described in subsection (c)(2)(C)(iii) that 
warrant further review or delay, the Administrator and each 
agency head shall, not later than 1 year after the date on 
which the report under subsection (c)(3) is submitted, take 
additional actions under this Act to establish procurement 
requirements and incentives that provide for the use of cement 
and concrete with increased substitution of recovered mineral 
component in the construction and maintenance of cement or 
concrete projects--
            ``(1) to realize more fully the energy savings and 
        environmental benefits associated with increased 
        substitution; and
            ``(2) to eliminate barriers identified under 
        subsection (c)(2)(B).
    ``(e) Effect of Section.--Nothing in this section affects 
the requirements of section 6002 (including the guidelines and 
specifications for implementing those requirements).''.
    (b) Conforming Amendment.--The table of contents of the 
Solid Waste Disposal Act is amended by adding after the item 
relating to section 6004 the following:

``Sec. 6005. Increased use of recovered mineral component in federally 
          funded projects involving procurement of cement or 
          concrete.''.

SEC. 109. FEDERAL BUILDING PERFORMANCE STANDARDS.

    Section 305(a) of the Energy Conservation and Production 
Act (42 U.S.C. 6834(a)) is amended--
            (1) in paragraph (2)(A), by striking ``CABO Model 
        Energy Code, 1992 (in the case of residential 
        buildings) or ASHRAE Standard 90.1-1989'' and inserting 
        ``the 2004 International Energy Conservation Code (in 
        the case of residential buildings) or ASHRAE Standard 
        90.1-2004''; and
            (2) by adding at the end the following:
    ``(3)(A) Not later than 1 year after the date of enactment 
of this paragraph, the Secretary shall establish, by rule, 
revised Federal building energy efficiency performance 
standards that require that--
            ``(i) if life-cycle cost-effective for new Federal 
        buildings--
                    ``(I) the buildings be designed to achieve 
                energy consumption levels that are at least 30 
                percent below the levels established in the 
                version of the ASHRAE Standard or the 
                International Energy Conservation Code, as 
                appropriate, that is in effect as of the date 
                of enactment of this paragraph; and
                    ``(II) sustainable design principles are 
                applied to the siting, design, and construction 
                of all new and replacement buildings; and
            ``(ii) if water is used to achieve energy 
        efficiency, water conservation technologies shall be 
        applied to the extent that the technologies are life-
        cycle cost-effective.
            ``(iii) Not later than 1 year after the date of 
        approval of each subsequent revision of the ASHRAE 
        Standard or the International Energy Conservation Code, 
        as appropriate, the Secretary shall determine, based on 
        the cost-effectiveness of the requirements under the 
        amendment, whether the revised standards established 
        under this paragraph should be updated to reflect the 
        amendment.
            ``(iv) In the budget request of the Federal agency 
        for each fiscal year and each report submitted by the 
        Federal agency under section 548(a) of the National 
        Energy Conservation Policy Act (42 U.S.C. 8258(a)), the 
        head of each Federal agency shall include--
            ``(v) a list of all new Federal buildings owned, 
        operated, or controlled by the Federal agency; and
            ``(vi) a statement specifying whether the Federal 
        buildings meet or exceed the revised standards 
        established under this paragraph.''.

SEC. 110. DAYLIGHT SAVINGS.

    (a) Amendment.--Section 3(a) of the Uniform Time Act of 
1966 (15 U.S.C. 260a(a)) is amended--
            (1) by striking ``first Sunday of April'' and 
        inserting ``second Sunday of March''; and
            (2) by striking ``last Sunday of October'' and 
        inserting ``first Sunday of November''.
    (b) Effective Date.--Subsection (a) shall take effect 1 
year after the date of enactment of this Act or March 1, 2007, 
whichever is later.
    (c) Report to Congress.--Not later than 9 months after the 
effective date stated in subsection (b), the Secretary shall 
report to Congress on the impact of this section on energy 
consumption in the United States.
    (d) Right to Revert.--Congress retains the right to revert 
the Daylight Saving Time back to the 2005 time schedules once 
the Department study is complete.

SEC. 111. ENHANCING ENERGY EFFICIENCY IN MANAGEMENT OF FEDERAL LANDS.

    (a) Sense of the Congress.--It is the sense of the Congress 
that Federal agencies should enhance the use of energy 
efficient technologies in the management of natural resources.
    (b) Energy Efficient Buildings.--To the extent practicable, 
the Secretary of the Interior, the Secretary of Commerce, and 
the Secretary of Agriculture shall seek to incorporate energy 
efficient technologies in public and administrative buildings 
associated with management of the National Park System, 
National Wildlife Refuge System, National Forest System, 
National Marine Sanctuaries System, and other public lands and 
resources managed by the Secretaries.
    (c) Energy Efficient Vehicles.--To the extent practicable, 
the Secretary of the Interior, the Secretary of Commerce, and 
the Secretary of Agriculture shall seek to use energy efficient 
motor vehicles, including vehicles equipped with biodiesel or 
hybrid engine technologies, in the management of the National 
Park System, National Wildlife Refuge System, National Forest 
System, National Marine Sanctuaries System, and other public 
lands and resources managed by the Secretaries.

            Subtitle B--Energy Assistance and State Programs

SEC. 121. LOW INCOME HOME ENERGY ASSISTANCE PROGRAM.

    (a) Authorization of Appropriations.--Section 2602(b) of 
the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 
8621(b)) is amended by striking ``and $2,000,000,000 for each 
of fiscal years 2002 through 2004'' and inserting ``and 
$5,100,000,000 for each of fiscal years 2005 through 2007''.
    (b) Renewable Fuels.--The Low-Income Home Energy Assistance 
Act of 1981 (42 U.S.C. 8621 et seq.) is amended by adding at 
the end the following new section:

                           ``RENEWABLE FUELS

    ``Sec. 2612. In providing assistance pursuant to this 
title, a State, or any other person with which the State makes 
arrangements to carry out the purposes of this title, may 
purchase renewable fuels, including biomass.''.
    (c) Report to Congress.--The Secretary shall report to 
Congress on the use of renewable fuels in providing assistance 
under the Low-Income Home Energy Assistance Act of 1981 (42 
U.S.C. 8621 et seq.).

SEC. 122. WEATHERIZATION ASSISTANCE.

    (a) Authorization of Appropriations.--Section 422 of the 
Energy Conservation and Production Act (42 U.S.C. 6872) is 
amended by striking ``for fiscal years 1999 through 2003 such 
sums as may be necessary'' and inserting ``$500,000,000 for 
fiscal year 2006, $600,000,000 for fiscal year 2007, and 
$700,000,000 for fiscal year 2008''.
    (b) Eligibility.--Section 412(7) of the Energy Conservation 
and Production Act (42 U.S.C. 6862(7)) is amended by striking 
``125 percent'' both places it appears and inserting ``150 
percent''.

SEC. 123. STATE ENERGY PROGRAMS.

    (a) State Energy Conservation Plans.--Section 362 of the 
Energy Policy and Conservation Act (42 U.S.C. 6322) is amended 
by inserting at the end the following new subsection:
    ``(g) The Secretary shall, at least once every 3 years, 
invite the Governor of each State to review and, if necessary, 
revise the energy conservation plan of such State submitted 
under subsection (b) or (e). Such reviews should consider the 
energy conservation plans of other States within the region, 
and identify opportunities and actions carried out in pursuit 
of common energy conservation goals.''.
    (b) State Energy Efficiency Goals.--Section 364 of the 
Energy Policy and Conservation Act (42 U.S.C. 6324) is amended 
to read as follows:

                    ``STATE ENERGY EFFICIENCY GOALS

    ``Sec. 364. Each State energy conservation plan with 
respect to which assistance is made available under this part 
on or after the date of enactment of the Energy Policy Act of 
2005 shall contain a goal, consisting of an improvement of 25 
percent or more in the efficiency of use of energy in the State 
concerned in calendar year 2012 as compared to calendar year 
1990, and may contain interim goals.''.
    (c) Authorization of Appropriations.--Section 365(f) of the 
Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is 
amended by striking ``for fiscal years 1999 through 2003 such 
sums as may be necessary'' and inserting ``$100,000,000 for 
each of the fiscal years 2006 and 2007 and $125,000,000 for 
fiscal year 2008''.

SEC. 124. ENERGY EFFICIENT APPLIANCE REBATE PROGRAMS.

    (a) Definitions.--In this section:
            (1) Eligible state.--The term ``eligible State'' 
        means a State that meets the requirements of subsection 
        (b).
            (2) Energy star program.--The term ``Energy Star 
        program'' means the program established by section 324A 
        of the Energy Policy and Conservation Act.
            (3) Residential energy star product.--The term 
        ``residential Energy Star product'' means a product for 
        a residence that is rated for energy efficiency under 
        the Energy Star program.
            (4) State energy office.--The term ``State energy 
        office'' means the State agency responsible for 
        developing State energy conservation plans under 
        section 362 of the Energy Policy and Conservation Act 
        (42 U.S.C. 6322).
            (5) State program.--The term ``State program'' 
        means a State energy efficient appliance rebate program 
        described in subsection (b)(1).
    (b) Eligible States.--A State shall be eligible to receive 
an allocation under subsection (c) if the State--
            (1) establishes (or has established) a State energy 
        efficient appliance rebate program to provide rebates 
        to residential consumers for the purchase of 
        residential Energy Star products to replace used 
        appliances of the same type;
            (2) submits an application for the allocation at 
        such time, in such form, and containing such 
        information as the Secretary may require; and
            (3) provides assurances satisfactory to the 
        Secretary that the State will use the allocation to 
        supplement, but not supplant, funds made available to 
        carry out the State program.
    (c) Amount of Allocations.--
            (1) In general.--Subject to paragraph (2), for each 
        fiscal year, the Secretary shall allocate to the State 
        energy office of each eligible State to carry out 
        subsection (d) an amount equal to the product obtained 
        by multiplying the amount made available under 
        subsection (f) for the fiscal year by the ratio that 
        the population of the State in the most recent calendar 
        year for which data are available bears to the total 
        population of all eligible States in that calendar 
        year.
            (2) Minimum allocations.--For each fiscal year, the 
        amounts allocated under this subsection shall be 
        adjusted proportionately so that no eligible State is 
        allocated a sum that is less than an amount determined 
        by the Secretary.
    (d) Use of Allocated Funds.--The allocation to a State 
energy office under subsection (c) may be used to pay up to 50 
percent of the cost of establishing and carrying out a State 
program.
    (e) Issuance of Rebates.--Rebates may be provided to 
residential consumers that meet the requirements of the State 
program. The amount of a rebate shall be determined by the 
State energy office, taking into consideration--
            (1) the amount of the allocation to the State 
        energy office under subsection (c);
            (2) the amount of any Federal or State tax 
        incentive available for the purchase of the residential 
        Energy Star product; and
            (3) the difference between the cost of the 
        residential Energy Star product and the cost of an 
        appliance that is not a residential Energy Star 
        product, but is of the same type as, and is the nearest 
        capacity, performance, and other relevant 
        characteristics (as determined by the State energy 
        office) to, the residential Energy Star product.
    (f) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary to carry out this section 
$50,000,000 for each of the fiscal years 2006 through 2010.

SEC. 125. ENERGY EFFICIENT PUBLIC BUILDINGS.

    (a) Grants.--The Secretary may make grants to the State 
agency responsible for developing State energy conservation 
plans under section 362 of the Energy Policy and Conservation 
Act (42 U.S.C. 6322), or, if no such agency exists, a State 
agency designated by the Governor of the State, to assist units 
of local government in the State in improving the energy 
efficiency of public buildings and facilities--
            (1) through construction of new energy efficient 
        public buildings that use at least 30 percent less 
        energy than a comparable public building constructedin 
compliance with standards prescribed in the most recent version of the 
International Energy Conservation Code, or a similar State code 
intended to achieve substantially equivalent efficiency levels; or
            (2) through renovation of existing public buildings 
        to achieve reductions in energy use of at least 30 
        percent as compared to the baseline energy use in such 
        buildings prior to renovation, assuming a 3-year, 
        weather-normalized average for calculating such 
        baseline.
    (b) Administration.--State energy offices receiving grants 
under this section shall--
            (1) maintain such records and evidence of 
        compliance as the Secretary may require; and
            (2) develop and distribute information and 
        materials and conduct programs to provide technical 
        services and assistance to encourage planning, 
        financing, and design of energy efficient public 
        buildings by units of local government.
    (c) Authorization of Appropriations.--For the purposes of 
this section, there are authorized to be appropriated to the 
Secretary $30,000,000 for each of fiscal years 2006 through 
2010. Not more than 10 percent of appropriated funds shall be 
used for administration.

SEC. 126. LOW INCOME COMMUNITY ENERGY EFFICIENCY PILOT PROGRAM.

    (a) Grants.--The Secretary is authorized to make grants to 
units of local government, private, non-profit community 
development organizations, and Indian tribe economic 
development entities to improve energy efficiency; identify and 
develop alternative, renewable, and distributed energy 
supplies; and increase energy conservation in low income rural 
and urban communities.
    (b) Purpose of Grants.--The Secretary may make grants on a 
competitive basis for--
            (1) investments that develop alternative, 
        renewable, and distributed energy supplies;
            (2) energy efficiency projects and energy 
        conservation programs;
            (3) studies and other activities that improve 
        energy efficiency in low income rural and urban 
        communities;
            (4) planning and development assistance for 
        increasing the energy efficiency of buildings and 
        facilities; and
            (5) technical and financial assistance to local 
        government and private entities on developing new 
        renewable and distributed sources of power or combined 
        heat and power generation.
    (c) Definition.--For purposes of this section, the term 
``Indian tribe'' means any Indian tribe, band, nation, or other 
organized group or community, including any Alaskan Native 
village or regional or village corporation as defined in or 
established pursuant to the Alaska Native Claims Settlement Act 
(43 U.S.C. 1601 et seq.), that is recognized as eligible for 
the special programs and services provided by the United States 
to Indians because of their status as Indians.
    (d) Authorization of Appropriations.--For the purposes of 
this section there are authorized to be appropriated to the 
Secretary $20,000,000 for each of fiscal years 2006 through 
2008.

SEC. 127. STATE TECHNOLOGIES ADVANCEMENT COLLABORATIVE.

    (a) In General.--The Secretary, in cooperation with the 
States, shall establish a cooperative program for research, 
development, demonstration, and deployment of technologies in 
which there is a common Federal and State energy efficiency, 
renewable energy, and fossil energy interest, to be known as 
the ``State Technologies Advancement Collaborative'' (referred 
to in this section as the ``Collaborative'').
    (b) Duties.--The Collaborative shall--
            (1) leverage Federal and State funding through 
        cost-shared activity;
            (2) reduce redundancies in Federal and State 
        funding; and
            (3) create multistate projects to be awarded 
        through a competitive process.
    (c) Administration.--The Collaborative shall be 
administered through an agreement between the Department and 
appropriate State-based organizations.
    (d) Funding Sources.--Funding for the Collaborative may be 
provided from--
            (1) amounts specifically appropriated for the 
        Collaborative; or
            (2) amounts that may be allocated from other 
        appropriations without changing the purpose for which 
        the amounts are appropriated.
    (e) Authorization of Appropriations.--There are authorized 
to carry out this section such sums as are necessary for each 
of fiscal years 2006 through 2010.

SEC. 128. STATE BUILDING ENERGY EFFICIENCY CODES INCENTIVES.

    Section 304(e) of the Energy Conservation and Production 
Act (42 U.S.C. 6833(e)) is amended--
            (1) in paragraph (1), by inserting before the 
        period at the end of the first sentence the following: 
        ``, including increasing and verifying compliance with 
        such codes''; and
            (2) by striking paragraph (2) and inserting the 
        following:
            ``(2) Additional funding shall be provided under 
        this subsection for implementation of a plan to achieve 
        and document at least a 90 percent rate of compliance 
        with residential and commercial building energy 
        efficiency codes, based on energy performance--
                    ``(A) to a State that has adopted and is 
                implementing, on a statewide basis--
                            ``(i) a residential building energy 
                        efficiency code that meets or exceeds 
                        the requirements of the 2004 
                        International Energy Conservation Code, 
                        or any succeeding version of that code 
                        that has received an affirmative 
                        determination from the Secretary under 
                        subsection (a)(5)(A); and
                            ``(ii) a commercial building energy 
                        efficiency code that meets or exceeds 
                        the requirements of the ASHRAE Standard 
                        90.1-2004, or any succeeding version of 
                        that standard that has received an 
                        affirmative determination from the 
                        Secretary under subsection (b)(2)(A); 
                        or
                    ``(B) in a State in which there is no 
                statewide energy code either for residential 
                buildings or for commercial buildings, to a 
                local government that has adopted and is 
                implementing residential and commercial 
                building energy efficiency codes, as described 
                in subparagraph (A).
    ``(3) Of the amounts made available under this subsection, 
the Secretary may use $500,000 for each fiscal year to train 
State and local officials to implement codes described in 
paragraph (2).
    ``(4)(A) There are authorized to be appropriated to carry 
out this subsection--
            ``(i) $25,000,000 for each of fiscal years 2006 
        through 2010; and
            ``(ii) such sums as are necessary for fiscal year 
        2011 and each fiscal year thereafter.
            ``(iii) Funding provided to States under paragraph 
        (2) for each fiscal year shall not exceed \1/2\ of the 
        excess of funding under this subsection over $5,000,000 
        for the fiscal year.''.

                 Subtitle C--Energy Efficient Products

SEC. 131. ENERGY STAR PROGRAM.

    (a) In General.--The Energy Policy and Conservation Act is 
amended by inserting after section 324 (42 U.S.C. 6294) the 
following:

                         ``ENERGY STAR PROGRAM

    ``Sec. 324A. (a) In General.--There is established within 
the Department of Energy and the Environmental Protection 
Agency a voluntary program to identify and promote energy-
efficient products and buildings in order to reduce energy 
consumption, improve energy security, and reduce pollution 
through voluntary labeling of, or other forms of communication 
about, products and buildings that meet the highest energy 
conservation standards.
    ``(b) Division of Responsibilities.--Responsibilities under 
the program shall be divided between the Department of Energy 
and the Environmental Protection Agency in accordance with the 
terms of applicable agreements between those agencies.
    ``(c) Duties.--The Administrator and the Secretary shall--
            ``(1) promote Energy Star compliant technologies as 
        the preferred technologies in the marketplace for--
                    ``(A) achieving energy efficiency; and
                    ``(B) reducing pollution;
            ``(2) work to enhance public awareness of the 
        Energy Star label, including by providing special 
        outreach to small businesses;
            ``(3) preserve the integrity of the Energy Star 
        label;
            ``(4) regularly update Energy Star product criteria 
        for product categories;
            ``(5) solicit comments from interested parties 
        prior to establishing or revising an Energy Star 
        product category, specification, or criterion (or prior 
        to effective dates for any such product category, 
        specification, or criterion);
            ``(6) on adoption of a new or revised product 
        category, specification, or criterion, provide 
        reasonable notice to interested parties of any changes 
        (including effective dates) in product categories, 
        specifications, or criteria, along with--
                    ``(A) an explanation of the changes; and
                    ``(B) as appropriate, responses to comments 
                submitted by interested parties; and
            ``(7) provide appropriate lead time (which shall be 
        270 days, unless the Agency or Department specifies 
        otherwise) prior to the applicable effective date for a 
        new or a significant revision to a product category, 
        specification, or criterion, taking into account the 
        timing requirements of the manufacturing, product 
        marketing, and distribution process for the specific 
        product addressed.
    ``(d) Deadlines.--The Secretary shall establish new 
qualifying levels--
            ``(1) not later than January 1, 2006, for clothes 
        washers and dishwashers, effective beginning January 1, 
        2007; and
            ``(2) not later than January 1, 2008, for clothes 
        washers, effective beginning January 1, 2010.''.
    (b) Table of Contents Amendment.--The table of contents of 
the Energy Policy and Conservation Act (42 U.S.C. prec. 6201) 
is amended by inserting after the item relating to section 324 
the following:

``Sec. 324A. Energy Star program.''.

SEC. 132.. HVAC MAINTENANCE CONSUMER EDUCATION PROGRAM.

    Section 337 of the Energy Policy and Conservation Act (42 
U.S.C. 6307) is amended by adding at the end the following:
    ``(c) HVAC Maintenance.--(1) To ensure that installed air 
conditioning and heating systems operate at maximum rated 
efficiency levels, the Secretary shall, not later than 180 days 
after the date of enactment of this subsection, carry out a 
program to educate homeowners and small business owners 
concerning the energy savings from properly conducted 
maintenance of air conditioning, heating, and ventilating 
systems.
    ``(2) The Secretary shall carry out the program under 
paragraph (1), on a cost-shared basis, in cooperation with the 
Administrator of the Environmental Protection Agency and any 
other entities that the Secretary determines to be appropriate, 
including industry trade associations, industry members, and 
energy efficiency organizations.
    ``(d) Small Business Education and Assistance.--(1) The 
Administrator of the Small Business Administration, in 
consultation with the Secretary and the Administrator of the 
Environmental Protection Agency, shall develop and coordinate a 
Government-wide program, building on the Energy Star for Small 
Business Program, to assist small businesses in--
            ``(A) becoming more energy efficient;
            ``(B) understanding the cost savings from improved 
        energy efficiency;
            ``(C) understanding and accessing Federal 
        procurement opportunities with regard to Energy Star 
        technologies and products; and
            ``(D) identifying financing options for energy 
        efficiency upgrades.
    ``(2) The Secretary, the Administrator of the Environmental 
Protection Agency, and the Administrator of the Small Business 
Administration shall--
            ``(A) make program information available to small 
        business concerns directly through the district offices 
        and resource partners of the Small Business 
        Administration, including small business development 
        centers, women's business centers, and the Service 
        Corps of Retired Executives (SCORE), and through other 
        Federal agencies, including the Federal Emergency 
        Management Agency and the Department of Agriculture; 
        and
            ``(B) coordinate assistance with the Secretary of 
        Commerce for manufacturing-related efforts, including 
        the Manufacturing Extension Partnership Program.
    ``(3) The Secretary, on a cost shared basis in cooperation 
with the Administrator of the Environmental Protection Agency, 
shall provide to the Small Business Administration all 
advertising, marketing, and other written materials necessary 
for the dissemination of information under paragraph (2).
    ``(4) The Secretary, the Administrator of the Environmental 
Protection Agency, and the Administrator of the Small Business 
Administration, as part of the outreach to small business 
concerns under the Energy Star Program for Small Business 
Program, may enter into cooperative agreements with qualified 
resources partners (including the National Center for 
Appropriate Technology) to establish, maintain, and promote a 
Small Business Energy Clearinghouse (in this subsection 
referred to as the `Clearinghouse').
    ``(5) The Secretary, the Administrator of the Environmental 
Protection Agency, and the Administrator of the Small Business 
Administration shall ensure that the Clearinghouse provides a 
centralized resource where small business concerns may access, 
telephonically and electronically, technical information and 
advice to help increase energy efficiency and reduce energy 
costs.
    ``(6) There are authorized to be appropriated such sums as 
are necessary to carry out this subsection, to remain available 
until expended.''.

SEC. 133. PUBLIC ENERGY EDUCATION PROGRAM.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall convene an 
organizational conference for the purpose of establishing an 
ongoing, self-sustaining national public energy education 
program.
    (b) Participants.--The Secretary shall invite to 
participate in the conference individuals and entities 
representing all aspects of energy production and distribution, 
including--
            (1) industrial firms;
            (2) professional societies;
            (3) educational organizations;
            (4) trade associations; and
            (5) governmental agencies.
    (c) Purpose, Scope, and Structure.--
            (1) Purpose.--The purpose of the conference shall 
        be to establish an ongoing, self-sustaining national 
        public energy education program to examine and 
        recognize interrelationships between energy sources in 
        all forms, including--
                    (A) conservation and energy efficiency;
                    (B) the role of energy use in the economy; 
                and
                    (C) the impact of energy use on the 
                environment.
            (2) Scope and structure.--Taking into consideration 
        the purpose described in paragraph (1), the 
        participants in the conference invited under subsection 
        (b) shall design the scope and structure of the program 
        described in subsection (a).
    (d) Technical Assistance.--The Secretary shall provide 
technical assistance and other guidance necessary to carry out 
the program described in subsection (a).
    (e) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
section.

SEC. 134. ENERGY EFFICIENCY PUBLIC INFORMATION INITIATIVE.

    (a) In General.--The Secretary shall carry out a 
comprehensive national program, including advertising and media 
awareness, to inform consumers about--
            (1) the need to reduce energy consumption during 
        the 4-year period beginning on the date of enactment of 
        this Act;
            (2) the benefits to consumers of reducing 
        consumption of electricity, natural gas, and petroleum, 
        particularly during peak use periods;
            (3) the importance of low energy costs to economic 
        growth and preserving manufacturing jobs in the United 
        States; and
            (4) practical, cost-effective measures that 
        consumers can take to reduce consumption of 
        electricity, natural gas, and gasoline, including--
                    (A) maintaining and repairing heating and 
                cooling ducts and equipment;
                    (B) weatherizing homes and buildings;
                    (C) purchasing energy efficient products; 
                and
                    (D) proper tire maintenance.
    (b) Cooperation.--The program carried out under subsection 
(a) shall--
            (1) include collaborative efforts with State and 
        local government officials and the private sector; and
            (2) incorporate, to the maximum extent practicable, 
        successful State and local public education programs.
    (c) Report.--Not later than July 1, 2009, the Secretary 
shall submit to Congress a report describing the effectiveness 
of the program under this section.
    (d) Termination of Authority.--The program carried out 
under this section shall terminate on December 31, 2010.
    (e) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $90,000,000 for 
each of fiscal years 2006 through 2010.

SEC. 135. ENERGY CONSERVATION STANDARDS FOR ADDITIONAL PRODUCTS.

    (a) Definitions.--Section 321 of the Energy Policy and 
Conservation Act (42 U.S.C. 6291) is amended--
            (1) in paragraph (29)--
                    (A) in subparagraph (D)--
                            (i) in clause (i), by striking 
                        ``C78.1-1978(R1984)'' and inserting 
                        ``C78.81-2003 (Data Sheet 7881-ANSI-
                        1010-1)'';
                            (ii) in clause (ii), by striking 
                        ``C78.1-1978(R1984)'' and inserting 
                        ``C78.81-2003 (Data Sheet 7881-ANSI-
                        3007-1)''; and
                            (iii) in clause (iii), by striking 
                        ``C78.1-1978(R1984)'' and inserting 
                        ``C78.81-2003 (Data Sheet 7881-ANSI-
                        1019-1)''; and
                    (B) by adding at the end the following:
            ``(M) The term `F34T12 lamp' (also known as a 
        `F40T12/ES lamp') means a nominal 34 watt tubular 
        fluorescent lamp that is 48 inches in length and 1\1/2\ 
        inches in diameter, and conforms to ANSI standard 
        C78.81-2003 (Data Sheet 7881-ANSI-1006-1).
            ``(N) The term `F96T12/ES lamp' means a nominal 60 
        watt tubular fluorescent lamp that is 96 inches in 
        length and 1\1/2\ inches in diameter, and conforms to 
        ANSI standard C78.81-2003 (Data Sheet 7881-ANSI-3006-
        1).
            ``(O) The term `F96T12HO/ES lamp' means a nominal 
        95 watt tubular fluorescent lamp that is 96 inches in 
        length and 1\1/2\ inches in diameter, and conforms to 
        ANSI standard C78.81-2003 (Data Sheet 7881-ANSI-1017-
        1).
            ``(P) The term `replacement ballast' means a 
        ballast that--
                    ``(i) is designed for use to replace an 
                existing ballast in a previously installed 
                luminaire;
                    ``(ii) is marked `FOR REPLACEMENT USE 
                ONLY';
                    ``(iii) is shipped by the manufacturer in 
                packages containing not more than 10 ballasts; 
                and
                    ``(iv) has output leads that when fully 
                extended are a total length that is less than 
                the length of the lamp with which the ballast 
                is intended to be operated.'';
            (2) in paragraph (30)(S)--
                    (A) by inserting ``(i)'' before ``The 
                term''; and
                    (B) by adding at the end the following:
                    ``(ii) The term `medium base compact 
                fluorescent lamp' does not include--
                            ``(I) any lamp that is--
                                    ``(aa) specifically 
                                designed to be used for special 
                                purpose applications; and
                                    ``(bb) unlikely to be used 
                                in general purpose 
                                applications, such as the 
                                applications described in 
                                subparagraph (D); or
                            ``(II) any lamp not described in 
                        subparagraph (D) that is excluded by 
                        the Secretary, by rule, because the 
                        lamp is--
                                    ``(aa) designed for special 
                                applications; and
                                    ``(bb) unlikely to be used 
                                in general purpose 
                                applications.''; and
            (3) by adding at the end the following:
            ``(32) The term `battery charger' means a device 
        that charges batteries for consumer products, including 
        battery chargers embedded in other consumer products.
            ``(33)(A) The term `commercial prerinse spray 
        valve' means a handheld device designed and marketed 
        for use with commercial dishwashing and ware washing 
        equipment that sprays water on dishes, flatware, and 
        other food service items for the purpose of removing 
        food residue before cleaning the items.
            ``(B) The Secretary may modify the definition of 
        `commercial prerinse spray valve' by rule--
                    ``(i) to include products--
                            ``(I) that are extensively used in 
                        conjunction with commercial dishwashing 
                        and ware washing equipment;
                            ``(II) the application of standards 
                        to which would result in significant 
                        energy savings; and
                            ``(III) the application of 
                        standards to which would meet the 
                        criteria specified in section 
                        325(o)(4); and
                    ``(ii) to exclude products--
                            ``(I) that are used for special 
                        food service applications;
                            ``(II) that are unlikely to be 
                        widely used in conjunction with 
                        commercial dishwashing and ware washing 
                        equipment; and
                            ``(III) the application of 
                        standards to which would not result in 
                        significant energy savings.
            ``(34) The term `dehumidifier' means a self-
        contained, electrically operated, and mechanically 
        encased assembly consisting of--
                    ``(A) a refrigerated surface (evaporator) 
                that condenses moisture from the atmosphere;
                    ``(B) a refrigerating system, including an 
                electric motor;
                    ``(C) an air-circulating fan; and
                    ``(D) means for collecting or disposing of 
                the condensate.
            ``(35)(A) The term `distribution transformer' means 
        a transformer that--
                    ``(i) has an input voltage of 34.5 
                kilovolts or less;
                    ``(ii) has an output voltage of 600 volts 
                or less; and
                    ``(iii) is rated for operation at a 
                frequency of 60 Hertz.
            ``(B) The term `distribution transformer' does not 
        include--
                    ``(i) a transformer with multiple voltage 
                taps, the highest of which equals at least 20 
                percent more than the lowest;
                    ``(ii) a transformer that is designed to be 
                used in a special purpose application and is 
                unlikely to be used in general purpose 
                applications, such as a drive transformer, 
                rectifier transformer, auto-transformer, 
                Uninterruptible Power System transformer, 
                impedance transformer, regulating transformer, 
                sealed and nonventilating transformer, machine 
                tool transformer, welding transformer, 
                grounding transformer, or testing transformer; 
                or
                    ``(iii) any transformer not listed in 
                clause (ii) that is excluded by the Secretary 
                by rule because--
                            ``(I) the transformer is designed 
                        for a special application;
                            ``(II) the transformer is unlikely 
                        to be used in general purpose 
                        applications; and
                            ``(III) the application of 
                        standards to the transformer would not 
                        result in significant energy savings.
            ``(36) The term `external power supply' means an 
        external power supply circuit that is used to convert 
        household electric current into DC current or lower-
        voltage AC current to operate a consumer product.
            ``(37) The term `illuminated exit sign' means a 
        sign that--
                    ``(A) is designed to be permanently fixed 
                in place to identify an exit; and
                    ``(B) consists of an electrically powered 
                integral light source that--
                            ``(i) illuminates the legend `EXIT' 
                        and any directional indicators; and
                            ``(ii) provides contrast between 
                        the legend, any directional indicators, 
                        and the background.
            ``(38) The term `low-voltage dry-type distribution 
        transformer' means a distribution transformer that--
                    ``(A) has an input voltage of 600 volts or 
                less;
                    ``(B) is air-cooled; and
                    ``(C) does not use oil as a coolant.
            ``(39) The term `pedestrian module' means a light 
        signal used to convey movement information to 
        pedestrians.
            ``(40) The term `refrigerated bottled or canned 
        beverage vending machine' means a commercial 
        refrigerator that cools bottled or canned beverages and 
        dispenses the bottled or canned beverages on payment.
            ``(41) The term `standby mode' means the lowest 
        power consumption mode, as established on an individual 
        product basis by the Secretary, that--
                    ``(A) cannot be switched off or influenced 
                by the user; and
                    ``(B) may persist for an indefinite time 
                when an appliance is--
                            ``(i) connected to the main 
                        electricity supply; and
                            ``(ii) used in accordance with the 
                        instructions of the manufacturer.
            ``(42) The term `torchiere' means a portable 
        electric lamp with a reflector bowl that directs light 
        upward to give indirect illumination.
            ``(43) The term `traffic signal module' means a 
        standard 8-inch (200mm) or 12-inch (300mm) traffic 
        signal indication that--
                    ``(A) consists of a light source, a lens, 
                and all other parts necessary for operation; 
                and
                    ``(B) communicates movement messages to 
                drivers through red, amber, and green colors.
            ``(44) The term `transformer' means a device 
        consisting of 2 or more coils of insulated wire that 
        transfers alternating current by electromagnetic 
        induction from 1 coil to another to change the original 
        voltage or current value.
            ``(45)(A) The term `unit heater' means a self-
        contained fan-type heater designed to be installed 
        within the heated space.
            ``(B) The term `unit heater' does not include a 
        warm air furnace.
            ``(46)(A) The term `high intensity discharge lamp' 
        means an electric-discharge lamp in which--
                    ``(i) the light-producing arc is stabilized 
                by bulb wall temperature; and
                    ``(ii) the arc tube has a bulb wall loading 
                in excess of 3 Watts/cm2.
            ``(B) The term `high intensity discharge lamp' 
        includes mercury vapor, metal halide, and high-pressure 
        sodium lamps described in subparagraph (A).
            ``(47)(A) The term `mercury vapor lamp' means a 
        high intensity discharge lamp in which the major 
        portion of the light is produced by radiation from 
        mercury operating at a partial pressure in excess of 
        100,000 Pa (approximately 1 atm).
            ``(B) The term `mercury vapor lamp' includes clear, 
        phosphor-coated, and self-ballasted lamps described in 
        subparagraph (A).
            ``(48) The term `mercury vapor lamp ballast' means 
        a device that is designed and marketed to start and 
        operate mercury vapor lamps by providing the necessary 
        voltage and current.
            ``(49) The term `ceiling fan' means a nonportable 
        device that is suspended from a ceiling for circulating 
        air via the rotation of fan blades.
            ``(50) The term `ceiling fan light kit' means 
        equipment designed to provide light from a ceiling fan 
        that can be--
                    ``(A) integral, such that the equipment is 
                attached to the ceiling fan prior to the time 
                of retail sale; or
                    ``(B) attachable, such that at the time of 
                retail sale the equipment is not physically 
                attached to the ceiling fan, but may be 
                included inside the ceiling fan at the time of 
                sale or sold separately for subsequent 
                attachment to the fan.
            ``(51) The term `medium screw base' means an Edison 
        screw base identified with the prefix E-26 in the 
        `American National Standard for Electric Lamp Bases', 
        ANSI_IEC C81.61--2003, published by the American 
        National Standards Institute.''.
    (b) Test Procedures.--Section 323 of the Energy Policy and 
Conservation Act (42 U.S.C. 6293) is amended--
            (1) in subsection (b), by adding at the end the 
        following:
    ``(9) Test procedures for illuminated exit signs shall be 
based on the test method used under version 2.0 of the Energy 
Star program of the Environmental Protection Agency for 
illuminated exit signs.
    ``(10)(A) Test procedures for distribution transformers and 
low voltage dry-type distribution transformers shall be based 
on the `Standard Test Method for Measuring the Energy 
Consumption of Distribution Transformers' prescribed by the 
National Electrical Manufacturers Association (NEMA TP 2-1998).
    ``(B) The Secretary may review and revise the test 
procedures established under subparagraph (A).
    ``(C) For purposes of section 346(a), the test procedures 
established under subparagraph (A) shall be considered to be 
the testing requirements prescribed by the Secretary under 
section 346(a)(1) for distribution transformers for which the 
Secretary makes a determination that energy conservation 
standards would--
            ``(i) be technologically feasible and economically 
        justified; and
            ``(ii) result in significant energy savings.
    ``(11) Test procedures for traffic signal modules and 
pedestrian modules shall be based on the test method used under 
the Energy Star program of the Environmental Protection Agency 
for traffic signal modules, as in effect on the date of 
enactment of this paragraph.
    ``(12)(A) Test procedures for medium base compact 
fluorescent lamps shall be based on the test methods forcompact 
fluorescent lamps used under the August 9, 2001, version of the Energy 
Star program of the Environmental Protection Agency and the Department 
of Energy.
    ``(B) Except as provided in subparagraph (C), medium base 
compact fluorescent lamps shall meet all test requirements for 
regulated parameters of section 325(cc).
    ``(C) Notwithstanding subparagraph (B), if manufacturers 
document engineering predictions and analysis that support 
expected attainment of lumen maintenance at 40 percent rated 
life and lamp lifetime, medium base compact fluorescent lamps 
may be marketed before completion of the testing of lamp life 
and lumen maintenance at 40 percent of rated life.
    ``(13) Test procedures for dehumidifiers shall be based on 
the test criteria used under the Energy Star Program 
Requirements for Dehumidifiers developed by the Environmental 
Protection Agency, as in effect on the date of enactment of 
this paragraph unless revised by the Secretary pursuant to this 
section.
    ``(14) The test procedure for measuring flow rate for 
commercial prerinse spray valves shall be based on American 
Society for Testing and Materials Standard F2324, entitled 
`Standard Test Method for Pre-Rinse Spray Valves.'
    ``(15) The test procedure for refrigerated bottled or 
canned beverage vending machines shall be based on American 
National Standards Institute/American Society of Heating, 
Refrigerating and Air-Conditioning Engineers Standard 32.1-
2004, entitled `Methods of Testing for Rating Vending Machines 
for Bottled, Canned or Other Sealed Beverages'.
    ``(16)(A)(i) Test procedures for ceiling fans shall be 
based on the `Energy Star Testing Facility Guidance Manual: 
Building a Testing Facility and Performing the Solid State Test 
Method for ENERGY STAR Qualified Ceiling Fans, Version 1.1' 
published by the Environmental Protection Agency.
    ``(ii) Test procedures for ceiling fan light kits shall be 
based on the test procedures referenced in the Energy Star 
specifications for Residential Light Fixtures and Compact 
Fluorescent Light Bulbs, as in effect on the date of enactment 
of this paragraph.
    ``(B) The Secretary may review and revise the test 
procedures established under subparagraph (A).''; and
            (2) by adding at the end the following:
    ``(f) Additional Consumer and Commercial Products.--(1) Not 
later than 2 years after the date of enactment of this 
subsection, the Secretary shall prescribe testing requirements 
for refrigerated bottled or canned beverage vending machines.
    ``(2) To the maximum extent practicable, the testing 
requirements prescribed under paragraph (1) shall be based on 
existing test procedures used in industry.''.
    (c) Standard Setting Authority.--Section 325 of the Energy 
Policy and Conservation Act (42 U.S.C. 6295) is amended--
            (1) in subsection (f)(3), by adding at the end the 
        following:
    ``(D) Notwithstanding any other provision of this Act, if 
the requirements of subsection (o) are met, the Secretary may 
consider and prescribe energy conservation standards or energy 
use standards for electricity used for purposes of circulating 
air through duct work.'';
            (2) in subsection (g)--
                    (A) in paragraph (6)(B), by inserting ``and 
                labeled'' after ``designed''; and
                    (B) by adding at the end the following:
    ``(8)(A) Each fluorescent lamp ballast (other than 
replacement ballasts or ballasts described in subparagraph 
(C))--
            ``(i)(I) manufactured on or after July 1, 2009;
            ``(II) sold by the manufacturer on or after October 
        1, 2009; or
            ``(III) incorporated into a luminaire by a 
        luminaire manufacturer on or after July 1, 2010; and
            ``(ii) designed--
                    ``(I) to operate at nominal input voltages 
                of 120 or 277 volts;
                    ``(II) to operate with an input current 
                frequency of 60 Hertz; and
                    ``(III) for use in connection with F34T12 
                lamps, F96T12/ES lamps, or F96T12HO/ES lamps;
        shall have a power factor of 0.90 or greater and shall 
        have a ballast efficacy factor of not less than the 
        following:


                                                                     Ballast       Total
                  ``Application for operation of                      input       nominal                                                                                                                                              Ballast efficacy factor
                                                                     voltage     lamp watts

One F34T12 lamp..................................................      120/277           34                                                                                                                                                         2.61
Two F34T12 lamps.................................................      120/277           68                                                                                                                                                         1.35
Two F96 T12/ES lamps.............................................      120/277          120                                                                                                                                                         0.77
Two F96 T12HO/ES lamps...........................................      120/277          190                                                                                                                                                         0.42


    ``(B) The standards described in subparagraph (A) shall 
apply to all ballasts covered by subparagraph (A)(ii) that are 
manufactured on or after July 1, 2010, or sold by the 
manufacturer on or after October 1, 2010.
    ``(C) the standards described in subparagraph (A) do not 
apply to--
            ``(i) a ballast that is designed for dimming to 50 
        percent or less of the maximum output of the ballast;
            ``(ii) a ballast that is designed for use with 2 
        F96T12HO lamps at ambient temperatures of 20 +F or less 
        and for use in an outdoor sign; or
            ``(iii) a ballast that has a power factor of less 
        than 0.90 and is designed and labeled for use only in 
        residential applications.'';
            (3) in subsection (o), by adding at the end the 
        following:
    ``(5) The Secretary may set more than 1 energy conservation 
standard for products that serve more than 1 major function by 
setting 1 energy conservation standard for each major 
function.''; and
            (4) by adding at the end the following:
    ``(u) Battery Charger and External Power Supply Electric 
Energy Consumption.--(1)(A) Not later than 18 months after the 
date of enactment of this subsection, the Secretary shall, 
after providing notice and an opportunity for comment, 
prescribe, by rule, definitions and test procedures for the 
power use of battery chargers and external power supplies.
    ``(B) In establishing the test procedures under 
subparagraph (A), the Secretary shall--
            ``(i) consider existing definitions and test 
        procedures used for measuring energy consumption in 
        standby mode and other modes; and
            ``(ii) assess the current and projected future 
        market for battery chargers and external power 
        supplies.
    ``(C) The assessment under subparagraph (B)(ii) shall 
include--
            ``(i) estimates of the significance of potential 
        energy savings from technical improvements to battery 
        chargers and external power supplies; and
            ``(ii) suggested product classes for energy 
        conservation standards.
    ``(D) Not later than 18 months after the date of enactment 
of this subsection, the Secretary shall hold a scoping workshop 
to discuss and receive comments on plans for developing energy 
conservation standards for energy use for battery chargers and 
external power supplies.
    ``(E)(i) Not later than 3 years after the date of enactment 
of this subsection, the Secretary shall issue a final rule that 
determines whether energy conservation standards shall be 
issued for battery chargers and external power supplies or 
classes of battery chargers and external power supplies.
    ``(ii) For each product class, any energy conservation 
standards issued under clause (i) shall be set at the lowest 
level of energy use that--
            ``(I) meets the criteria and procedures of 
        subsections (o), (p), (q), (r), (s), and (t); and
            ``(II) would result in significant overall annual 
        energy savings, considering standby mode and other 
        operating modes.
    ``(2) In determining under section 323 whether test 
procedures and energy conservation standards under this section 
should be revised with respect to covered products that are 
major sources of standby mode energy consumption, the Secretary 
shall consider whether to incorporate standby mode into the 
test procedures and energy conservation standards, taking into 
account standby mode power consumption compared to overall 
product energy consumption.
    ``(3) The Secretary shall not propose an energy 
conservation standard under this section, unless the Secretary 
has issued applicable test procedures for each product under 
section 323.
    ``(4) Any energy conservation standard issued under this 
subsection shall be applicable to products manufactured or 
imported beginning on the date that is 3 years after the date 
of issuance.
    ``(5) The Secretary and the Administrator shall collaborate 
and develop programs (including programs under section 324A and 
other voluntary industry agreements or codes of conduct) that 
are designed to reduce standby mode energy use.
    ``(v) Ceiling Fans and Refrigerated Beverage Vending 
Machines.--(1) Not later than 1 year after the date of 
enactment of this subsection, the Secretary shall prescribe, by 
rule, test procedures and energy conservation standards for 
ceiling fans and ceiling fan light kits. If the Secretary sets 
such standards, the Secretary shall consider exempting or 
setting different standards for certain product classes for 
which the primary standards are not technically feasible or 
economically justified, and establishing separate or exempted 
product classes for highly decorative fans for which air 
movement performance is a secondary design feature.
    ``(2) Not later than 4 years after the date of enactment of 
this subsection, the Secretary shall prescribe, by rule, energy 
conservation standards for refrigerated bottle or canned 
beverage vending machines.
    ``(3) In establishing energy conservation standards under 
this subsection, the Secretary shall use the criteria and 
procedures prescribed under subsections (o) and (p).
    ``(4) Any energy conservation standard prescribed under 
this subsection shall apply to products manufactured 3 years 
after the date of publication of a final rule establishing the 
energy conservation standard.
    ``(w) Illuminated Exit Signs.--An illuminated exit sign 
manufactured on or after January 1, 2006, shall meet the 
version 2.0 Energy Star Program performance requirements for 
illuminated exit signs prescribed by the Environmental 
Protection Agency.
    ``(x) Torchieres.--A torchiere manufactured on or after 
January 1, 2006--
            ``(1) shall consume not more than 190 watts of 
        power; and
            ``(2) shall not be capable of operating with lamps 
        that total more than 190 watts.
    ``(y) Low Voltage Dry-Type Distribution Transformers.--The 
efficiency of a low voltage dry-type distribution transformer 
manufactured on or after January 1, 2007, shall be the Class I 
Efficiency Levels for distribution transformers specified in 
table 4-2 of the `Guide for Determining Energy Efficiency for 
Distribution Transformers' published by the National Electrical 
Manufacturers Association (NEMA TP-1-2002).
    ``(z) Traffic Signal Modules and Pedestrian Modules.--Any 
traffic signal module or pedestrian module manufactured on or 
after January 1, 2006, shall--
            ``(1) meet the performance requirements used under 
        the Energy Star program of the Environmental Protection 
        Agency for traffic signals, as in effect on the date of 
        enactment of this subsection; and
            ``(2) be installed with compatible, electrically 
        connected signal control interface devices and conflict 
        monitoring systems.
    ``(aa) Unit Heaters.--A unit heater manufactured on or 
after the date that is 3 years after the date of enactment of 
this subsection shall--
            ``(1) be equipped with an intermittent ignition 
        device; and
            ``(2) have power venting or an automatic flue 
        damper.
    ``(bb) Medium Base Compact Fluorescent Lamps.--(1) A bare 
lamp and covered lamp (no reflector) medium base compact 
fluorescent lamp manufactured on or after January 1, 2006, 
shall meet the following requirements prescribed by the August 
9, 2001, version of the Energy Star Program Requirements for 
Compact Fluorescent Lamps, Energy Star Eligibility Criteria, 
Energy-Efficiency Specification issued by the Environmental 
Protection Agency and Department of Energy:
            ``(A) Minimum initial efficacy.
            ``(B) Lumen maintenance at 1000 hours.
            ``(C) Lumen maintenance at 40 percent of rated 
        life.
            ``(D) Rapid cycle stress test.
            ``(E) Lamp life.
    ``(2) The Secretary may, by rule, establish requirements 
for color quality (CRI), power factor, operating frequency, and 
maximum allowable start time based on the requirements 
prescribed by the August 9, 2001, version of the Energy Star 
Program Requirements for Compact Fluorescent Lamps.
    ``(3) The Secretary may, by rule--
            ``(A) revise the requirements established under 
        paragraph (2); or
            ``(B) establish other requirements, after 
        considering energy savings, cost effectiveness, and 
        consumer satisfaction.
    ``(cc) Dehumidifiers.--(1) Dehumidifiers manufactured on or 
after October 1, 2007, shall have an Energy Factor that meets 
or exceeds the following values:

``Product Capacity (pints/day):       Minimum Energy Factor (Liters/kWh)
    25.00 or less.............................................     1.00 
    25.01 - 35.00.............................................     1.20 
    35.01 - 54.00.............................................     1.30 
    54.01 - 74.99.............................................     1.50 
    75.00 or more.............................................     2.25.

    ``(2)(A) Not later than October 1, 2009, the Secretary 
shall publish a final rule in accordance with subsections (o) 
and (p), to determine whether the energy conservation standards 
established under paragraph (1) should be amended.
    ``(B) The final rule published under subparagraph (A) 
shall--
            ``(i) contain any amendment by the Secretary; and
            ``(ii) provide that the amendment applies to 
        products manufactured on or after October 1, 2012.
    ``(C) If the Secretary does not publish an amendment that 
takes effect by October 1, 2012, dehumidifiers manufactured on 
or after October 1, 2012, shall have an Energy Factor that 
meets or exceeds the following values:

``Product Capacity (pints/day):       Minimum Energy Factor (Liters/kWh)
    25.00 or less.............................................     1.20 
    25.01 - 35.00.............................................     1.30 
    35.01 - 45.00.............................................     1.40 
    45.01 - 54.00.............................................     1.50 
    54.01 - 74.99.............................................     1.60 
    75.00 or more.............................................      2.5.

    ``(dd) Commercial Prerinse Spray Valves.--Commercial 
prerinse spray valves manufactured on or after January 1, 2006, 
shall have a flow rate of not more than 1.6 gallons per minute.
    ``(ee) Mercury Vapor Lamp Ballasts.--Mercury vapor lamp 
ballasts shall not be manufactured or imported after January 1, 
2008.
    ``(ff) Ceiling Fans and Ceiling Fan Light Kits.--(1)(A) All 
ceiling fans manufactured on or after January 1, 2007, shall 
have the following features:
            ``(i) Fan speed controls separate from any lighting 
        controls.
            ``(ii) Adjustable speed controls (either more than 
        1 speed or variable speed).
            ``(iii) Adjustable speed controls (either more than 
        1 speed or variable speed).
            ``(iv) The capability of reversible fan action, 
        except for--
                    ``(I) fans sold for industrial 
                applications;
                    ``(II) outdoor applications; and
                    ``(III) cases in which safety standards 
                would be violated by the use of the reversible 
                mode.
    ``(B) The Secretary may define the exceptions described in 
clause (iv) in greater detail, but shall not substantively 
expand the exceptions
    ``(2)(A) Ceiling fan light kits with medium screw base 
sockets manufactured on or after January 1, 2007, shall be 
packaged with screw-based lamps to fill all screw base sockets.
    ``(B) The screw-based lamps required under subparagraph (A) 
shall--
            ``(i) meet the Energy Star Program Requirements for 
        Compact Fluorescent Lamps, version 3.0, issued by the 
        Department of Energy; or
            ``(ii) use light sources other than compact 
        fluorescent lamps that have lumens per watt performance 
        at least equivalent to comparably configured compact 
        fluorescent lamps meeting the Energy Star Program 
        Requirements described in clause (i).
    ``(3) Ceiling fan light kits with pin-based sockets for 
fluorescent lamps manufactured on or after January 1, 2007 
shall--
            ``(A) meet the Energy Star Program Requirements for 
        Residential Light Fixtures version 4.0 issued by the 
        Environmental Protection Agency; and
            ``(B) be packaged with lamps to fill all sockets.
    ``(4)(A) By January 1, 2007, the Secretary shall consider 
and issue requirements for any ceiling fan lighting kits other 
than those covered in paragraphs (2) and (3), including 
candelabra screw base sockets.
    ``(B) The requirements issued under subparagraph (A) shall 
be effective for products manufactured 2 years after the date 
of the final rule.
    ``(C) If the Secretary fails to issue a final rule by the 
date specified in subparagraph (B), any type of ceiling fan 
lighting kit described in subparagraph (A) that is manufactured 
after January 1, 2009--
            ``(i) shall not be capable of operating with lamps 
        that total more than 190 watts; and
            ``(ii) shall include the lamps described in clause 
        (i) in the ceiling fan lighting kits.
    ``(5)(A) After January 1, 2010, the Secretary may consider, 
and issue, if the requirements of subsections (o) and (p) are 
met, amended energy efficiency standards for ceiling fan light 
kits.
    ``(B) Any amended standards issued under subparagraph (A) 
shall apply to products manufactured not earlier than 2 years 
after the date of publication of the final rule establishing 
the amended standard.
    ``(6)(A) Notwithstanding any other provision of this Act, 
the Secretary may consider, and issue, if the requirements of 
subsections (o) and (p) are met, energy efficiency or energy 
use standards for electricity used by ceiling fans to circulate 
air in a room.
    ``(B) In issuing the standards under subparagraph (A), the 
Secretary shall consider--
    ``(C) exempting, or setting different standards for, 
certain product classes for which the primary standards are not 
technically feasible or economically justified; and
    ``(D) establishing separate exempted product classes for 
highly decorative fans for which air movement performance is a 
secondary design feature.
    ``(7) Section 327 shall apply to the products covered in 
paragraphs (1) through (4) beginning on the date of enactment 
of this subsection, except that any State or local labeling 
requirement for ceiling fans prescribed or enacted before the 
date of enactment of this subsection shall not be preempted 
until the labeling requirements applicable to ceiling fans 
established under section 327 take effect.
    ``(gg) Application Date.--Section 327 applies--
            ``(1) to products for which energy conservation 
        standards are to be established under subsection (l), 
        (u), or (v) beginning on the date on which a final rule 
        is issued by the Secretary, except that any State or 
        local standard prescribed or enacted for the product 
        before the date on which the final rule is issued shall 
        not be preempted until the energy conservation standard 
        established under subsection (l), (u), or (v) for the 
        product takes effect; and
            ``(2) to products for which energy conservation 
        standards are established under subsections (w) through 
        (ff) on the date of enactment of those subsections, 
        except that any State or local standard prescribed or 
        enacted before the date of enactment of those 
        subsections shall not be preempted until the energy 
        conservation standards established under subsections 
        (w) through (ff) take effect.''.
    (d) General Rule of Preemption.--Section 327(c) of the 
Energy Policy and Conservation Act (42 U.S.C. 6297(c)) is 
amended--
            (1) in paragraph (5), by striking ``or'' at the 
        end;
            (2) in paragraph (6), by striking the period at the 
        end and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(7)(A) is a regulation concerning standards for 
        commercial prerinse spray valves adopted by 
theCalifornia Energy Commission before January 1, 2005; or
            ``(B) is an amendment to a regulation described in 
        subparagraph (A) that was developed to align California 
        regulations with changes in American Society for 
        Testing and Materials Standard F2324;
            ``(8)(A) is a regulation concerning standards for 
        pedestrian modules adopted by the California Energy 
        Commission before January 1, 2005; or
            ``(B) is an amendment to a regulation described in 
        subparagraph (A) that was developed to align California 
        regulations to changes in the Institute for 
        Transportation Engineers standards, entitled 
        `Performance Specification: Pedestrian Traffic Control 
        Signal Indications'.''.

SEC. 136. ENERGY CONSERVATION STANDARDS FOR COMMERCIAL EQUIPMENT.

    (a) Definitions.--Section 340 of the Energy Policy and 
Conservation Act (42 U.S.C. 6311) is amended--
            (1) in paragraph (1)--
                    (A) by redesignating subparagraphs (D) 
                through (G) as subparagraphs (H) through (K), 
                respectively; and
                    (B) by inserting after subparagraph (C) the 
                following:
                    ``(D) Very large commercial package air 
                conditioning and heating equipment.
                    ``(E) Commercial refrigerators, freezers, 
                and refrigerator-freezers.
                    ``(F) Automatic commercial ice makers.
                    ``(G) Commercial clothes washers.'';
            (2) in paragraph (2)(B), by striking ``small and 
        large commercial package air conditioning and heating 
        equipment'' and inserting ``commercial package air 
        conditioning and heating equipment, commercial 
        refrigerators, freezers, and refrigerator-freezers, 
        automatic commercial ice makers, commercial clothes 
        washers'';
            (3) by striking paragraphs (8) and (9) and 
        inserting the following:
            ``(8)(A) The term `commercial package air 
        conditioning and heating equipment' means air-cooled, 
        water-cooled, evaporatively-cooled, or water source 
        (not including ground water source) electrically 
        operated, unitary central air conditioners and central 
        air conditioning heat pumps for commercial application.
            ``(B) The term `small commercial package air 
        conditioning and heating equipment' means commercial 
        package air conditioning and heating equipment that is 
        rated below 135,000 Btu per hour (cooling capacity).
            ``(C) The term `large commercial package air 
        conditioning and heating equipment' means commercial 
        package air conditioning and heating equipment that is 
        rated--
                    ``(i) at or above 135,000 Btu per hour; and
                    ``(ii) below 240,000 Btu per hour (cooling 
                capacity).
            ``(D) The term `very large commercial package air 
        conditioning and heating equipment' means commercial 
        package air conditioning and heating equipment that is 
        rated--
                    ``(i) at or above 240,000 Btu per hour; and
                    ``(ii) below 760,000 Btu per hour (cooling 
                capacity).
            ``(9)(A) The term `commercial refrigerator, 
        freezer, and refrigerator-freezer' means refrigeration 
        equipment that--
                    ``(i) is not a consumer product (as defined 
                in section 321);
                    ``(ii) is not designed and marketed 
                exclusively for medical, scientific, or 
                research purposes;
                    ``(iii) operates at a chilled, frozen, 
                combination chilled and frozen, or variable 
                temperature;
                    ``(iv) displays or stores merchandise and 
                other perishable materials horizontally, 
                semivertically, or vertically;
                    ``(v) has transparent or solid doors, 
                sliding or hinged doors, a combination of 
                hinged, sliding, transparent, or solid doors, 
                or no doors;
                    ``(vi) is designed for pull-down 
                temperature applications or holding temperature 
                applications; and
                    ``(vii) is connected to a self-contained 
                condensing unit or to a remote condensing unit.
            ``(B) The term `holding temperature application' 
        means a use of commercial refrigeration equipment other 
        than a pull-down temperature application, except a 
        blast chiller or freezer.
            ``(C) The term `integrated average temperature' 
        means the average temperature of all test package 
        measurements taken during the test.
            ``(D) The term `pull-down temperature application' 
        means a commercial refrigerator with doors that, when 
        fully loaded with 12 ounce beverage cans at 90 degrees 
        F, can cool those beverages to an average stable 
        temperature of 38 degrees F in 12 hours or less.
            ``(E) The term `remote condensing unit' means a 
        factory-made assembly of refrigerating components 
        designed to compress and liquefy a specific refrigerant 
        that is remotely located from the refrigerated 
        equipment and consists of 1 or more refrigerant 
        compressors, refrigerant condensers, condenser fans and 
        motors, and factory supplied accessories.
            ``(F) The term `self-contained condensing unit' 
        means a factory-made assembly of refrigerating 
        components designed to compress and liquefy a specific 
        refrigerant that is an integral part of the 
        refrigerated equipment and consists of 1 or more 
        refrigerant compressors, refrigerant condensers, 
        condenser fans and motors, and factory supplied 
        accessories.''; and
            (4) by adding at the end the following:
            ``(19) The term `automatic commercial ice maker' 
        means a factory-made assembly (not necessarily shipped 
        in 1 package) that--
                    ``(A) consists of a condensing unit and 
                ice-making section operating as an integrated 
                unit, with means for making and harvesting ice; 
                and
                    ``(B) may include means for storing ice, 
                dispensing ice, or storing and dispensing ice.
            ``(20) The term `commercial clothes washer' means a 
        soft-mount front-loading or soft-mount top-loading 
        clothes washer that--
                    ``(A) has a clothes container compartment 
                that--
                            ``(i) for horizontal-axis clothes 
                        washers, is not more than 3.5 cubic 
                        feet; and
                            ``(ii) for vertical-axis clothes 
                        washers, is not more than 4.0 cubic 
                        feet; and
                    ``(B) is designed for use in--
                            ``(i) applications in which the 
                        occupants of more than 1 household will 
                        be using the clothes washer, such as 
                        multi-family housing common areas and 
                        coin laundries; or
                            ``(ii) other commercial 
                        applications.
            ``(21) The term `harvest rate' means the amount of 
        ice (at 32 degrees F) in pounds produced per 24 
        hours.''.
    (b) Standards for Commercial Package Air Conditioning and 
Heating Equipment.--Section 342(a) of the Energy Policy and 
Conservation Act (42 U.S.C. 6313(a)) is amended--
            (1) in the subsection heading, by striking ``Small 
        and Large'' and inserting ``Small, Large, and Very 
        Large'';
            (2) in paragraph (1), by inserting ``but before 
        January 1, 2010,'' after ``January 1, 1994,'';
            (3) in paragraph (2), by inserting ``but before 
        January 1, 2010,'' after ``January 1, 1995,''; and
            (4) in paragraph (6)--
                    (A) in subparagraph (A)--
                            (i) by inserting ``(i)'' after 
                        ``(A)'';
                            (ii) by striking ``the date of 
                        enactment of the Energy Policy Act of 
                        1992'' and inserting ``January 1, 
                        2010'';
                            (iii) by inserting after ``large 
                        commercial package air conditioning and 
                        heating equipment,'' the following: 
                        ``and very large commercial package air 
                        conditioning and heating equipment, or 
                        if ASHRAE/IES Standard 90.1, as in 
                        effect on October 24, 1992, is amended 
                        with respect to any''; and
                            (iv) by adding at the end the 
                        following:
    ``(ii) If ASHRAE/IES Standard 90.1 is not amended with 
respect to small commercial package air conditioning and 
heating equipment, large commercial package air conditioning 
and heating equipment, and very large commercial package air 
conditioning and heating equipment during the 5-year period 
beginning on the effective date of a standard, the Secretary 
may initiate a rulemaking to determine whether a more stringent 
standard--
            ``(I) would result in significant additional 
        conservation of energy; and
            ``(II) is technologically feasible and economically 
        justified.''; and
                    (B) in subparagraph (C)(ii), by inserting 
                ``and very large commercial package air 
                conditioning and heating equipment'' after 
                ``large commercial package air conditioning and 
                heating equipment''; and
            (5) by adding at the end the following:
    ``(7) Small commercial package air conditioning and heating 
equipment manufactured on or after January 1, 2010, shall meet 
the following standards:
            ``(A) The minimum energy efficiency ratio of air-
        cooled central air conditioners at or above 65,000 Btu 
        per hour (cooling capacity) and less than 135,000 Btu 
        per hour (cooling capacity) shall be--
                    ``(i) 11.2 for equipment with no heating or 
                electric resistance heating; and
                    ``(ii) 11.0 for equipment with all other 
                heating system types that are integrated into 
                the equipment (at a standard rating of 95 
                degrees F db).
            ``(B) The minimum energy efficiency ratio of air-
        cooled central air conditioner heat pumps at or above 
        65,000 Btu per hour (cooling capacity) and less than 
        135,000 Btu per hour (cooling capacity) shall be--
                    ``(i) 11.0 for equipment with no heating or 
                electric resistance heating; and
                    ``(ii) 10.8 for equipment with all other 
                heating system types that are integrated into 
                the equipment (at a standard rating of 95 
                degrees F db).
            ``(C) The minimum coefficient of performance in the 
        heating mode of air-cooled central air conditioning 
        heat pumps at or above 65,000 Btu per hour (cooling 
        capacity) and less than 135,000 Btu per hour (cooling 
        capacity) shall be 3.3 (at a high temperature rating of 
        47 degrees F db).
    ``(8) Large commercial package air conditioning and heating 
equipment manufactured on or after January 1, 2010, shall meet 
the following standards:
            ``(A) The minimum energy efficiency ratio of air-
        cooled central air conditioners at or above 135,000 Btu 
        per hour (cooling capacity) and less than 240,000 Btu 
        per hour (cooling capacity) shall be--
                    ``(i) 11.0 for equipment with no heating or 
                electric resistance heating; and
                    ``(ii) 10.8 for equipment with all other 
                heating system types that are integrated into 
                the equipment (at a standard rating of 95 
                degrees F db).
            ``(B) The minimum energy efficiency ratio of air-
        cooled central air conditioner heat pumps at or above 
        135,000 Btu per hour (cooling capacity) and less than 
        240,000 Btu per hour (cooling capacity) shall be--
                    ``(i) 10.6 for equipment with no heating or 
                electric resistance heating; and
                    ``(ii) 10.4 for equipment with all other 
                heating system types that are integrated into 
                the equipment (at a standard rating of 95 
                degrees F db).
            ``(C) The minimum coefficient of performance in the 
        heating mode of air-cooled central air conditioning 
        heat pumps at or above 135,000 Btu per hour (cooling 
        capacity) and less than 240,000 Btu per hour (cooling 
        capacity) shall be 3.2 (at a high temperature rating of 
        47 degrees F db).
    ``(9) Very large commercial package air conditioning and 
heating equipment manufactured on or after January 1, 2010, 
shall meet the following standards:
            ``(A) The minimum energy efficiency ratio of air-
        cooled central air conditioners at or above 240,000 Btu 
        per hour (cooling capacity) and less than 760,000 Btu 
        per hour (cooling capacity) shall be--
                    ``(i) 10.0 for equipment with no heating or 
                electric resistance heating; and
                    ``(ii) 9.8 for equipment with all other 
                heating system types that are integrated into 
                the equipment (at a standard rating of 95 
                degrees F db).
            ``(B) The minimum energy efficiency ratio of air-
        cooled central air conditioner heat pumps at or above 
        240,000 Btu per hour (cooling capacity) and less than 
        760,000 Btu per hour (cooling capacity) shall be--
                    ``(i) 9.5 for equipment with no heating or 
                electric resistance heating; and
                    ``(ii) 9.3 for equipment with all other 
                heating system types that are integrated into 
                the equipment (at a standard rating of 95 
                degrees F db).
            ``(C) The minimum coefficient of performance in the 
        heating mode of air-cooled central air conditioning 
        heat pumps at or above 240,000 Btu per hour (cooling 
        capacity) and less than 760,000 Btu per hour (cooling 
        capacity) shall be 3.2 (at a high temperature rating of 
        47 degrees F db).''.
    (c) Standards for Commercial Refrigerators, Freezers, and 
Refrigerator-Freezers.--Section 342 of the Energy Policy and 
Conservation Act (42 U.S.C. 6313) is amended by adding at the 
end the following:
    ``(c) Commercial Refrigerators, Freezers, and Refrigerator-
Freezers.--(1) In this subsection:
            ``(A) The term `AV' means the adjusted volume (ft3) 
        (defined as 1.63 x frozen temperature compartment 
        volume (ft3) + chilled temperature compartment volume 
        (ft3)) with compartment volumes measured in accordance 
        with the Association of Home Appliance Manufacturers 
        Standard HRF1-1979.
            ``(B) The term `V' means the chilled or frozen 
        compartment volume (ft3) (as defined in the Association 
        of Home Appliance Manufacturers Standard HRF1-1979).
            ``(C) Other terms have such meanings as may be 
        established by the Secretary, based on industry-
        accepted definitions and practice.
    ``(2) Each commercial refrigerator, freezer, and 
refrigerator-freezer with a self-contained condensing unit 
designed for holding temperature applications manufactured on 
or after January 1, 2010, shall have a daily energyconsumption 
(in kilowatt hours per day) that does not exceed the following:

  Refrigerators with solid doors..........  0.10 V + 2.04
  Refrigerators with transparent doors....  0.12 V + 3.34
  Freezers with solid doors...............  0.40 V + 1.38
  Freezers with transparent doors.........  0.75 V + 4.10
  Refrigerators/freezers with solid doors   0.27 AV - 0.71 or 0.70.
   the greater of.


    ``(3) Each commercial refrigerator with a self-contained 
condensing unit designed for pull-down temperature applications 
and transparent doors manufactured on or after January 1, 2010, 
shall have a daily energy consumption (in kilowatt hours per 
day) of not more than 0.126 V + 3.51.
    ``(4)(A) Not later than January 1, 2009, the Secretary 
shall issue, by rule, standard levels for ice-cream freezers, 
self-contained commercial refrigerators, freezers, and 
refrigerator-freezers without doors, and remote condensing 
commercial refrigerators, freezers, and refrigerator-freezers, 
with the standard levels effective for equipment manufactured 
on or after January 1, 2012.
    ``(B) The Secretary may issue, by rule, standard levels for 
other types of commercial refrigerators, freezers, and 
refrigerator-freezers not covered by paragraph (2)(A) with the 
standard levels effective for equipment manufactured 3 or more 
years after the date on which the final rule is published.
    ``(5)(A) Not later than January 1, 2013, the Secretary 
shall issue a final rule to determine whether the standards 
established under this subsection should be amended.
    ``(B) Not later than 3 years after the effective date of 
any amended standards under subparagraph (A) or the publication 
of a final rule determining that the standards should not be 
amended, the Secretary shall issue a final rule to determine 
whether the standards established under this subsection or the 
amended standards, as applicable, should be amended.
    ``(C) If the Secretary issues a final rule under 
subparagraph (A) or (B) establishing amended standards, the 
final rule shall provide that the amended standards apply to 
products manufactured on or after the date that is--
            ``(i) 3 years after the date on which the final 
        amended standard is published; or
            ``(ii) if the Secretary determines, by rule, that 3 
        years is inadequate, not later than 5 years after the 
        date on which the final rule is published.''.
    (d) Standards for Automatic Commercial Ice Makers.--Section 
342 of the Energy Policy and Conservation Act (42 U.S.C. 6313) 
(as amended by subsection (c)) is amended by adding at the end 
the following:
    ``(d) Automatic Commercial Ice Makers.--(1) Each automatic 
commercial ice maker that produces cube type ice with 
capacities between 50 and 2500 pounds per 24-hour period when 
tested according to the test standard established in section 
343(a)(7) and is manufactured on or after January 1, 2010, 
shall meet the following standard levels:

----------------------------------------------------------------------------------------------------------------
                                                                                               Maximum Condenser
         Equipment Type             Type of Cooling    Harvest Rate (lbs  Maximum Energy Use  Water Use (gal/100
                                                         ice/24 hours)     (kWh/100 lbs Ice)       lbs Ice)
----------------------------------------------------------------------------------------------------------------
Ice Making Head                   Water