HR 4 EAS

In the Senate of the United States,

April 25, 2002.

Resolved, That the bill from the House of Representatives (H.R. 4) entitled `An Act to enhance energy conservation, research and development and to provide for security and diversity in the energy supply for the American people, and for other purposes.', do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

This Act may be cited as the `Energy Policy Act of 2002'.

SEC. 2. TABLE OF CONTENTS.

      Sec. 1. Short title.

      Sec. 2. Table of contents.

DIVISION A--RELIABLE AND DIVERSE POWER GENERATION AND TRANSMISSION

TITLE I--REGIONAL COORDINATION

      Sec. 101. Policy on regional coordination.

      Sec. 102. Federal support for regional coordination.

TITLE II--ELECTRICITY

Subtitle A--Amendments to the Federal Power Act

Subtitle B--Amendments to the Public Utility Holding Company Act

Subtitle C--Amendments to the Public Utility Regulatory Policies Act of 1978

      Sec. 241. Real-time pricing and time-of-use metering standards.

      Sec. 242. Adoption of additional standards.

      Sec. 243. Technical assistance.

      Sec. 244. Cogeneration and small power production purchase and sale requirements.

      Sec. 245. Net metering.

Subtitle D--Consumer Protections

Subtitle E--Renewable Energy and Rural Construction Grants

Subtitle F--General Provisions

TITLE III--HYDROELECTRIC RELICENSING

      Sec. 301. Alternative conditions and fishways.

TITLE IV--INDIAN ENERGY

      Sec. 401. Comprehensive Indian energy program.

      Sec. 402. Office of Indian Energy Policy and Programs.

      Sec. 403. Conforming amendments.

      Sec. 404. Siting energy facilities on tribal lands.

      Sec. 405. Indian Mineral Development Act review.

      Sec. 406. Renewable energy study.

      Sec. 407. Federal Power Marketing Administrations.

      Sec. 408. Feasibility study of combined wind and hydropower demonstration project.

TITLE V--NUCLEAR POWER

Subtitle A--Price-Anderson Act Reauthorization

Subtitle B--Miscellaneous Provisions

Subtitle C--Growth of Nuclear Energy

Subtitle D--NRC Regulatory Reform

Subtitle E--NRC Personnel Crisis

DIVISION B--DOMESTIC OIL AND GAS PRODUCTION AND TRANSPORTATION

TITLE VI--OIL AND GAS PRODUCTION

      Sec. 601. Permanent authority to operate the Strategic Petroleum Reserve.

      Sec. 602. Federal onshore leasing programs for oil and gas.

      Sec. 603. Oil and gas lease acreage limitations.

      Sec. 604. Orphaned and abandoned wells on Federal land.

      Sec. 605. Orphaned and abandoned oil and gas well program.

      Sec. 606. Offshore development.

      Sec. 607. Coalbed methane study.

      Sec. 608. Fiscal policies to maximize recovery of domestic oil and gas resources.

      Sec. 609. Strategic Petroleum Reserve.

      Sec. 610. Hydraulic fracturing.

      Sec. 611. Authorization of appropriations.

      Sec. 612. Preservation of oil and gas resource data.

      Sec. 613. Resolution of Federal resource development conflicts in the Powder River Basin.

TITLE VII--NATURAL GAS PIPELINES

Subtitle A--Alaska Natural Gas Pipeline

Subtitle B--Operating Pipelines

      Sec. 721. Environmental review and permitting of natural gas pipeline projects.

Subtitle C--Pipeline Safety

Part I--Short Title; Amendment of Title 49

      Sec. 741. Short title; amendment of title 49, United States Code.

Part II--Pipeline Safety Improvement Act of 2002

      Sec. 761. Implementation of Inspector General recommendations.

      Sec. 762. NTSB safety recommendations.

      Sec. 763. Qualifications of pipeline personnel.

      Sec. 764. Pipeline integrity inspection program.

      Sec. 765. Enforcement.

      Sec. 766. Public education, emergency preparedness, and community right-to-know.

      Sec. 767. Penalties.

      Sec. 768. State oversight role.

      Sec. 769. Improved data and data availability.

      Sec. 770. Research and development.

      Sec. 771. Pipeline integrity technical advisory committee.

      Sec. 772. Authorization of appropriations.

      Sec. 773. Operator assistance in investigations.

      Sec. 774. Protection of employees providing pipeline safety information.

      Sec. 775. State pipeline safety advisory committees.

      Sec. 776. Fines and penalties.

      Sec. 777. Study of rights-of-way.

      Sec. 778. Study of natural gas reserve.

      Sec. 779. Study and report on natural gas pipeline and storage facilities in New England.

Part III--Pipeline Security Sensitive Information

      Sec. 781. Meeting community right-to-know without security risks.

      Sec. 782. Technical assistance for security of pipeline facilities.

      Sec. 783. Criminal penalties for damaging or destroying a facility.

DIVISION C--DIVERSIFYING ENERGY DEMAND AND IMPROVING EFFICIENCY

TITLE VIII--FUELS AND VEHICLES

Subtitle A--CAFE Standards, Alternative Fuels, and Advanced Technology

      Sec. 801. Increased fuel economy standards.

      Sec. 802. Expedited procedures for congressional increase in fuel economy standards.

      Sec. 803. Revised considerations for decisions on maximum feasible average fuel economy.

      Sec. 804. Extension of maximum fuel economy increase for alternative fueled vehicles.

      Sec. 805. Procurement of alternative fueled and hybrid light duty trucks.

      Sec. 806. Use of alternative fuels.

      Sec. 807. Hybrid electric and fuel cell vehicles.

      Sec. 808. Diesel fueled vehicles.

      Sec. 809. Fuel cell demonstration.

      Sec. 810. Bus replacement.

      Sec. 811. Average fuel economy standards for pickup trucks.

      Sec. 812. Exception to HOV passenger requirements for alternative fuel vehicles.

      Sec. 813. Data collection.

      Sec. 814. Green school bus pilot program.

      Sec. 815. Fuel cell bus development and demonstration program.

      Sec. 816. Authorization of appropriations.

      Sec. 817. Temporary biodiesel credit expansion.

      Sec. 818. Neighborhood electric vehicles.

      Sec. 819. Credit for hybrid vehicles, dedicated alternative fuel vehicles, and infrastructure.

      Sec. 820. Renewable content of motor vehicle fuel.

      Sec. 820A. Federal agency ethanol-blended gasoline and biodiesel purchasing requirement.

      Sec. 820B. Commercial byproducts from municipal solid waste loan guarantee program.

Subtitle B--Additional Fuel Efficiency Measures

      Sec. 821. Fuel efficiency of the Federal fleet of automobiles.

      Sec. 822. Idling reduction systems in heavy duty vehicles.

      Sec. 823. Conserve By Bicycling program.

      Sec. 824. Fuel cell vehicle program.

Subtitle C--Federal Reformulated Fuels

      Sec. 831. Short title.

      Sec. 832. Leaking underground storage tanks.

      Sec. 833. Authority for water quality protection from fuels.

      Sec. 834. Elimination of oxygen content requirement for reformulated gasoline.

      Sec. 835. Public health and environmental impacts of fuels and fuel additives.

      Sec. 836. Analyses of motor vehicle fuel changes.

      Sec. 837. Additional opt-in areas under reformulated gasoline program.

      Sec. 838. Federal enforcement of State fuels requirements.

      Sec. 839. Fuel system requirements harmonization study.

      Sec. 840. Review of Federal procurement initiatives relating to use of recycled products and fleet and transportation efficiency.

TITLE IX--ENERGY EFFICIENCY AND ASSISTANCE TO LOW INCOME CONSUMERS

Subtitle A--Low Income Assistance and State Energy Programs

      Sec. 901. Increased funding for LIHEAP, weatherization assistance, and State energy grants.

      Sec. 902. State energy programs.

      Sec. 903. Energy efficient schools.

      Sec. 904. Low income community energy efficiency pilot program.

      Sec. 905. Energy efficient appliance rebate programs.

Subtitle B--Federal Energy Efficiency

      Sec. 911. Energy management requirements.

      Sec. 912. Energy use measurement and accountability.

      Sec. 913. Federal building performance standards.

      Sec. 914. Procurement of energy efficient products.

      Sec. 915. Repeal of energy savings performance contract sunset.

      Sec. 916. Energy savings performance contract definitions.

      Sec. 917. Review of energy savings performance contract program.

      Sec. 918. Federal Energy Bank.

      Sec. 919. Energy and water saving measures in congressional buildings.

      Sec. 920. Increased use of recovered material in federally funded projects involving procurement of cement or concrete.

Subtitle C--Industrial Efficiency and Consumer Products

      Sec. 921. Voluntary commitments to reduce industrial energy intensity.

      Sec. 922. Authority to set standards for commercial products.

      Sec. 923. Additional definitions.

      Sec. 924. Additional test procedures.

      Sec. 925. Energy labeling.

      Sec. 926. Energy Star Program.

      Sec. 927. Energy conservation standards for central air-conditioners and heat pumps.

      Sec. 928. Energy conservation standards for additional consumer and commercial products.

      Sec. 929. Consumer education on energy efficiency benefits of air-conditioning, heating, and ventilation maintenance.

      Sec. 930. Study of energy efficiency standards.

Subtitle D--Housing Efficiency

      Sec. 931. Capacity building for energy efficient, affordable housing.

      Sec. 932. Increase of CDBG public services cap for energy conservation and efficiency activities.

      Sec. 933. FHA mortgage insurance incentives for energy efficient housing.

      Sec. 934. Public housing capital fund.

      Sec. 935. Grants for energy-conserving improvements for assisted housing.

      Sec. 936. North American Development Bank.

      Sec. 937. Capital fund.

      Sec. 938. Energy-efficient appliances.

      Sec. 939. Energy efficiency standards.

      Sec. 940. Energy strategy for HUD.

Subtitle E--Rural and Remote Communities

DIVISION D--INTEGRATION OF ENERGY POLICY AND CLIMATE CHANGE POLICY

TITLE X--NATIONAL CLIMATE CHANGE POLICY

Subtitle A--Sense of Congress

Subtitle B--Climate Change Strategy

Subtitle C--Science and Technology Policy

      Sec. 1021. Global climate change in the Office of Science and Technology Policy.

      Sec. 1022. Director of Office of Science and Technology Policy Functions.

Subtitle D--Miscellaneous Provisions

      Sec. 1031. Additional information for regulatory review.

      Sec. 1032. Greenhouse gas emissions from Federal facilities.

TITLE XI--NATIONAL GREENHOUSE GAS DATABASE

DIVISION E--ENHANCING RESEARCH, DEVELOPMENT, AND TRAINING

TITLE XII--ENERGY RESEARCH AND DEVELOPMENT PROGRAMS

Subtitle A--Energy Efficiency

Subtitle B--Renewable Energy

Subtitle C--Fossil Energy

      Sec. 1231. Enhanced fossil energy research and development.

      Sec. 1232. Power plant improvement initiative.

      Sec. 1233. Research and development for advanced safe and efficient coal mining technologies.

      Sec. 1234. Ultra-deepwater and unconventional resource exploration and production technologies.

      Sec. 1235. Research and development for new natural gas transportation technologies.

      Sec. 1236. Authorization of appropriations for Office of Arctic Energy.

      Sec. 1237. Clean coal technology loan.

Subtitle D--Nuclear Energy

      Sec. 1241. Enhanced nuclear energy research and development.

      Sec. 1242. University nuclear science and engineering support.

      Sec. 1243. Nuclear energy research initiative.

      Sec. 1244. Nuclear energy plant optimization program.

      Sec. 1245. Nuclear energy technology development program.

Subtitle E--Fundamental Energy Science

      Sec. 1251. Enhanced programs in fundamental energy science.

      Sec. 1252. Nanoscale science and engineering research.

      Sec. 1253. Advanced scientific computing for energy missions.

      Sec. 1254. Fusion energy sciences program and planning.

Subtitle F--Energy, Safety, and Environmental Protection

      Sec. 1261. Critical energy infrastructure protection research and development.

      Sec. 1262. Research and demonstration for remediation of groundwater from energy activities.--

TITLE XIII--CLIMATE CHANGE SCIENCE AND TECHNOLOGY

Subtitle A--Department of Energy Programs

      Sec. 1301. Department of Energy global change research.

      Sec. 1302. Amendments to the Federal Nonnuclear Research and Development Act of 1974.

Subtitle B--Department of Agriculture Programs

      Sec. 1311. Carbon sequestration basic and applied research.

      Sec. 1312. Carbon sequestration demonstration projects and outreach.

      Sec. 1313. Carbon storage and sequestration accounting research.

Subtitle C--International Energy Technology Transfer

      Sec. 1321. Clean energy technology exports program.

      Sec. 1322. International energy technology deployment program.

Subtitle D--Climate Change Science and Information

Part I--Amendments to the Global Change Research Act of 1990

Part II--National Climate Services and Monitoring

Part III--Ocean and Coastal Observing System

Subtitle E--Climate Change Technology

      Sec. 1361. NIST greenhouse gas functions.

      Sec. 1362. Development of new measurement technologies.

      Sec. 1363. Enhanced environmental measurements and standards.

      Sec. 1364. Technology development and diffusion.

      Sec. 1365. Authorization of appropriations.

Subtitle F--Climate Adaptation and Hazards Prevention

Part I--Assessment and Adaptation

Part II--Forecasting and Planning Pilot Programs

TITLE XIV--MANAGEMENT OF DOE SCIENCE AND TECHNOLOGY PROGRAMS

      Sec. 1401. Definitions.

      Sec. 1402. Availability of funds.

      Sec. 1403. Cost sharing.

      Sec. 1404. Merit review of proposals.

      Sec. 1405. External technical review of departmental programs.

      Sec. 1406. Improved coordination and management of civilian science and technology programs.

      Sec. 1407. Improved coordination of technology transfer activities.

      Sec. 1408. Technology infrastructure program.

      Sec. 1409. Small business advocacy and assistance.

      Sec. 1410. Other transactions.

      Sec. 1411. Mobility of scientific and technical personnel.

      Sec. 1412. National Academy of Sciences report.

      Sec. 1413. Report on technology readiness and barriers to technology transfer.

      Sec. 1414. United States-Mexico energy technology cooperation.

TITLE XV--PERSONNEL AND TRAINING

      Sec. 1501. Workforce trends and traineeship grants.

      Sec. 1502. Postdoctoral and senior research fellowships in energy research.

      Sec. 1503. Training guidelines for electric energy industry personnel.

      Sec. 1504. National Center on Energy Management and Building Technologies.

      Sec. 1505. Improved access to energy-related scientific and technical careers.

      Sec. 1506. National power plant operations technology and education center.

      Sec. 1507. Federal mine inspectors.

DIVISION F--TECHNOLOGY ASSESSMENT AND STUDIES

TITLE XVI--TECHNOLOGY ASSESSMENT

      Sec. 1601. National Science and Technology Assessment Service.

TITLE XVII--STUDIES

      Sec. 1701. Regulatory reviews.

      Sec. 1702. Assessment of dependence of State of Hawaii on oil.

      Sec. 1703. Study of siting an electric transmission system on Amtrak right-of-way.

      Sec. 1704. Updating of insular area renewable energy and energy efficiency plans.

      Sec. 1705. Consumer Energy Commission.

      Sec. 1706. Study of natural gas and other energy transmission infrastructure across the great lakes.

      Sec. 1707. National Academy of Sciences study of procedures for selection and assessment of certain routes for shipment of spent nuclear fuel from research nuclear reactors.

      Sec. 1708. Report on energy savings and water use.

      Sec. 1709. Report on research on hydrogen production and use.

DIVISION G--ENERGY INFRASTRUCTURE SECURITY

TITLE XVIII--CRITICAL ENERGY INFRASTRUCTURE

Subtitle A--Department of Energy Programs

      Sec. 1801. Definitions.

      Sec. 1802. Role of the Department of Energy.

      Sec. 1803. Critical energy infrastructure programs.

      Sec. 1804. Advisory Committee on Energy Infrastructure Security.

      Sec. 1805. Best practices and standards for energy infrastructure security.

Subtitle B--Department of the Interior Programs

      Sec. 1811. Outer Continental Shelf energy infrastructure security.

DIVISION H--ENERGY TAX INCENTIVES

TITLE XIX--EXTENSION AND MODIFICATION OF RENEWABLE ELECTRICITY PRODUCTION TAX CREDIT

      Sec. 1901. Three-year extension of credit for producing electricity from wind and poultry waste.

      Sec. 1902. Credit for electricity produced from biomass.

      Sec. 1903. Credit for electricity produced from swine and bovine waste nutrients, geothermal energy, and solar energy.

      Sec. 1904. Treatment of persons not able to use entire credit.

      Sec. 1905. Credit for electricity produced from small irrigation power.

      Sec. 1906. Credit for electricity produced from municipal biosolids and recycled sludge.

TITLE XX--ALTERNATIVE MOTOR VEHICLES AND FUELS INCENTIVES

      Sec. 2001. Alternative motor vehicle credit.

      Sec. 2002. Modification of credit for qualified electric vehicles.

      Sec. 2003. Credit for installation of alternative fueling stations.

      Sec. 2004. Credit for retail sale of alternative fuels as motor vehicle fuel.

      Sec. 2005. Small ethanol producer credit.

      Sec. 2006. All alcohol fuels taxes transferred to Highway Trust Fund.

      Sec. 2007. Increased flexibility in alcohol fuels tax credit.

      Sec. 2008. Incentives for biodiesel.

      Sec. 2009. Credit for taxpayers owning commercial power takeoff vehicles.

      Sec. 2010. Modifications to the incentives for alternative vehicles and fuels.

TITLE XXI--CONSERVATION AND ENERGY EFFICIENCY PROVISIONS

      Sec. 2101. Credit for construction of new energy efficient home.

      Sec. 2102. Credit for energy efficient appliances.

      Sec. 2103. Credit for residential energy efficient property.

      Sec. 2104. Credit for business installation of qualified fuel cells and stationary microturbine power plants.

      Sec. 2105. Energy efficient commercial buildings deduction.

      Sec. 2106. Allowance of deduction for qualified new or retrofitted energy management devices.

      Sec. 2107. Three-year applicable recovery period for depreciation of qualified energy management devices.

      Sec. 2108. Energy credit for combined heat and power system property.

      Sec. 2109. Credit for energy efficiency improvements to existing homes.

      Sec. 2110. Allowance of deduction for qualified new or retrofitted water submetering devices.

      Sec. 2111. Three-year applicable recovery period for depreciation of qualified water submetering devices.

TITLE XXII--CLEAN COAL INCENTIVES

Subtitle A--Credit for Emission Reductions and Efficiency Improvements in Existing Coal-based Electricity Generation Facilities

      Sec. 2201. Credit for production from a qualifying clean coal technology unit.

Subtitle B--Incentives for Early Commercial Applications of Advanced Clean Coal Technologies

      Sec. 2211. Credit for investment in qualifying advanced clean coal technology.

      Sec. 2212. Credit for production from a qualifying advanced clean coal technology unit.

Subtitle C--Treatment of Persons Not Able To Use Entire Credit

      Sec. 2221. Treatment of persons not able to use entire credit.

TITLE XXIII--OIL AND GAS PROVISIONS

      Sec. 2301. Oil and gas from marginal wells.

      Sec. 2302. Natural gas gathering lines treated as 7-year property.

      Sec. 2303. Expensing of capital costs incurred in complying with environmental protection agency sulfur regulations.

      Sec. 2304. Environmental tax credit.

      Sec. 2305. Determination of small refiner exception to oil depletion deduction.

      Sec. 2306. Marginal production income limit extension.

      Sec. 2307. Amortization of geological and geophysical expenditures.

      Sec. 2308. Amortization of delay rental payments.

      Sec. 2309. Study of coal bed methane.

      Sec. 2310. Extension and modification of credit for producing fuel from a nonconventional source.

      Sec. 2311. Natural gas distribution lines treated as 15-year property.

TITLE XXIV--ELECTRIC UTILITY RESTRUCTURING PROVISIONS

      Sec. 2401. Ongoing study and reports regarding tax issues resulting from future restructuring decisions.

      Sec. 2402. Modifications to special rules for nuclear decommissioning costs.

      Sec. 2403. Treatment of certain income of cooperatives.

      Sec. 2404. Sales or dispositions to implement Federal Energy Regulatory Commission or State electric restructuring policy.

      Sec. 2405. Application of temporary regulations to certain output contracts.

      Sec. 2406. Treatment of certain development income of cooperatives.

TITLE XXV--ADDITIONAL PROVISIONS

      Sec. 2501. Extension of accelerated depreciation and wage credit benefits on Indian reservations.

      Sec. 2502. Study of effectiveness of certain provisions by GAO.

      Sec. 2503. Credit for production of Alaska natural gas.

      Sec. 2504. Sale of gasoline and diesel fuel at duty-free sales enterprises.

      Sec. 2505. Treatment of dairy property.

      Sec. 2506. Clarification of excise tax exemptions for agricultural aerial applicators.

      Sec. 2507. Modification of rural airport definition.

      Sec. 2508. Exemption from ticket taxes for transportation provided by seaplanes.

DIVISION I--IRAQ OIL IMPORT RESTRICTION

TITLE XXVI--IRAQ OIL IMPORT RESTRICTION

DIVISION J--MISCELLANEOUS

TITLE XXVII--MISCELLANEOUS PROVISION

      Sec. 2701. Fair treatment of Presidential judicial nominees.



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