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h r 6 one hundred ninth congress of the united states of america at the first session begun and held at the city of washington on tuesday the fourth day of january two thousand and five an act to ensure jobs for our future with secure affordable and reliable energy be it enacted by the senate and house of representatives of the united states of america in congress assembled 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 for this act is as follows sec 1 short title table of contents title i energy efficiency subtitle a federal programs energy and water saving measures in congressional buildings energy management requirements energy use measurement and accountability procurement of energy efficient products energy savings performance contracts voluntary commitments to reduce industrial energy intensity advanced building efficiency testbed 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 sec sec sec sec sec sec sec sec 101 102 103 104 105 106 107 108 sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec 121 122 123 124 125 126 127 128 131 132 133 134 135 136 137 138 139 140 141 subtitle b energy assistance and state programs low-income home energy assistance program weatherization assistance state energy programs energy efficient appliance rebate programs energy efficient public buildings low income community energy efficiency pilot program state technologies advancement collaborative state building energy efficiency codes incentives subtitle c energy efficient products energy star program hvac maintenance consumer education program public energy education program energy efficiency public information initiative energy conservation standards for additional products energy conservation standards for commercial equipment energy labeling intermittent escalator study energy efficient electric and natural gas utilities study energy efficiency pilot program report on failure to comply with deadlines for new or revised energy conservation standards subtitle d public housing sec 151 public housing capital fund.

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h r 6 2 sec 152 energy-efficient appliances sec 153 energy efficiency standards sec 154 energy strategy for hud title ii renewable energy subtitle a general provisions assessment of renewable energy resources renewable energy production incentive federal purchase requirement use of photovoltaic energy in public buildings biobased products renewable energy security installation of photovoltaic system sugar cane ethanol program rural and remote community electrification grants 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 sec sec sec sec sec sec sec sec sec sec 201 202 203 204 205 206 207 208 209 210 sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 241 242 243 244 245 246 subtitle b geothermal energy short title competitive lease sale requirements direct use royalties and near-term production incentives coordination of geothermal leasing and permitting on federal lands assessment of geothermal energy potential cooperative or unit plans royalty on byproducts authorities of secretary to readjust terms conditions rentals and royalties crediting of rental toward royalty lease duration and work commitment requirements advanced royalties required for cessation of production annual rental deposit and use of geothermal lease revenues for 5 fiscal years acreage limitations technical amendments intermountain west geothermal consortium subtitle c hydroelectric alternative conditions and fishways hydroelectric production incentives hydroelectric efficiency improvement alaska state jurisdiction over small hydroelectric projects flint creek hydroelectric project 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 sec sec sec sec sec sec sec sec 311 312 313 314 315 316 317 318 subtitle b natural gas exportation or importation of natural gas new natural gas storage facilities process coordination hearings rules of procedure penalties market manipulation natural gas market transparency rules federal-state liquefied natural gas forums prohibition of trading and serving by certain individuals subtitle c production sec 321 outer continental shelf provisions.

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h r 6 3 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 sec sec sec sec sec sec sec sec sec sec sec sec sec sec 341 342 343 344 345 346 347 348 349 350 351 352 353 354 subtitle e production incentives definition of secretary program on oil and gas royalties in-kind marginal property production incentives incentives for natural gas production from deep wells in the shallow waters of the gulf of mexico royalty relief for deep water production alaska offshore royalty suspension oil and gas leasing in the national petroleum reserve in alaska north slope science initiative orphaned abandoned or idled wells on federal land combined hydrocarbon leasing preservation of geological and geophysical data oil and gas lease acreage limitations gas hydrate production incentive enhanced oil and natural gas production through carbon dioxide injection assessment of dependence of state of hawaii on oil denali commission comprehensive inventory of ocs oil and natural gas resources subtitle f access to federal lands federal onshore oil and gas leasing and permitting practices management of federal oil and gas leasing programs consultation regarding oil and gas leasing on public land estimates of oil and gas resources underlying onshore federal land pilot project to improve federal permit coordination deadline for consideration of applications for permits fair market value determinations for linear rights-of-way across public lands and national forests energy right-of-way corridors on federal land oil shale tar sands and other strategic unconventional fuels finger lakes withdrawal reinstatement of leases consultation regarding energy rights-of-way on public land sense of congress regarding development of minerals under padre island national seashore livingston parish mineral rights transfer sec 355 sec 356 sec 357 sec sec sec sec sec sec sec sec sec sec sec sec sec 361 362 363 364 365 366 367 368 369 370 371 372 373 sec 374 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.

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h r 6 4 sec 402 project criteria sec 403 report sec 404 clean coal centers of excellence sec sec sec sec sec sec sec 411 412 413 414 415 416 417 subtitle b clean power projects integrated coal/renewable energy system loan to place alaska clean coal technology facility in service western integrated coal gasification demonstration project coal gasification petroleum coke gasification electron scrubbing demonstration 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 short title repeal of the 160-acre limitation for coal leases approval of logical mining units payment of advance royalties under coal leases 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 sec sec sec sec sec 431 432 433 434 435 sec sec sec sec sec sec 501 502 503 504 505 506 title v indian energy short title office of indian energy policy and programs indian energy consultation with indian tribes four corners transmission line project and electrification energy efficiency in federally assisted housing title vi nuclear matters sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec 601 602 603 604 605 606 607 608 609 610 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 subtitle a price-anderson act amendments short title extension of indemnification authority maximum assessment department liability limit incidents outside the united states reports inflation adjustment treatment of modular reactors applicability civil penalties subtitle b general nuclear matters licenses nuclear regulatory commission scholarship and fellowship program cost recovery from government agencies elimination of pension offset for certain rehired federal retirees antitrust review decommissioning limitation on legal fee reimbursement decommissioning pilot program whistleblower protection medical isotope production safe disposal of greater-than-class c radioactive waste prohibition on nuclear exports to countries that sponsor terrorism employee benefits demonstration hydrogen production at existing nuclear power plants prohibition on assumption by united states government of liability for certain foreign incidents authorization of appropriations nuclear regulatory commission user fees and annual charges standby support for certain nuclear plant delays conflicts of interest relating to contracts and other arrangements.

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h r 6 5 sec sec sec sec sec sec sec sec sec sec sec sec 641 642 643 644 645 651 652 653 654 655 656 657 subtitle c next generation nuclear plant project project establishment project management project organization nuclear regulatory commission project timelines and authorization of appropriations subtitle d nuclear security nuclear facility and materials security fingerprinting and criminal history record checks use of firearms by security personnel unauthorized introduction of dangerous weapons sabotage of nuclear facilities fuel or designated material secure transfer of nuclear materials department of homeland security consultation title vii vehicles and fuels subtitle a existing programs use of alternative fuels by dual fueled vehicles incremental cost allocation alternative compliance and flexibility review of energy policy act of 1992 programs report concerning compliance with alternative fueled vehicle purchasing requirements sec 706 joint flexible fuel/hybrid vehicle commercialization initiative sec 707 emergency exemption sec sec sec sec sec 701 702 703 704 705 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 sec sec sec sec sec sec sec sec sec 751 752 753 754 755 756 757 758 759 subtitle d miscellaneous railroad efficiency mobile emission reductions trading and crediting aviation fuel conservation and emissions diesel fueled vehicles conserve by bicycling program reduction of engine idling biodiesel engine testing program ultra-efficient engine technology for aircraft 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.

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h r 6 6 sec 783 federal procurement of stationary portable and micro fuel cells sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec 791 792 793 794 795 796 797 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 subtitle g diesel emissions reduction definitions national grant and loan programs state grant and loan programs evaluation and report outreach and incentives effect of subtitle authorization of appropriations title viii hydrogen hydrogen and fuel cell program purposes definitions plan programs hydrogen and fuel cell technical task force technical advisory committee demonstration codes and standards disclosure reports solar and wind technologies technology transfer miscellaneous provisions cost sharing savings clause title ix research and development sec 901 short title sec 902 goals sec 903 definitions sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec 911 912 913 914 915 916 917 921 922 923 924 925 931 932 933 934 935 subtitle a energy efficiency energy efficiency next generation lighting initiative national building performance initiative building standards secondary electric vehicle battery use program energy efficiency science initiative advanced energy efficiency technology transfer centers subtitle b distributed energy and electric energy systems distributed energy and electric energy systems high power density industry program micro-cogeneration energy technology distributed energy technology demonstration programs electric transmission and distribution programs subtitle c renewable energy renewable energy bioenergy program low-cost renewable hydrogen and infrastructure for vehicle propulsion concentrating solar power research program renewable energy in public buildings subtitle d agricultural biomass research and development programs 941 amendments to the biomass research and development act of 2000 942 production incentives for cellulosic biofuels 943 procurement of biobased products 944 small business bioproduct marketing and certification grants 945 regional bioeconomy development grants 946 preprocessing and harvesting demonstration grants 947 education and outreach 948 reports subtitle e nuclear energy sec 951 nuclear energy sec 952 nuclear energy research programs.

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h r 6 7 sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec 953 954 955 956 957 961 962 963 964 965 966 967 968 advanced fuel cycle initiative university nuclear science and engineering support department of energy civilian nuclear infrastructure and facilities security of nuclear facilities alternatives to industrial radioactive sources subtitle f fossil energy fossil energy coal and related technologies program carbon capture research and development program research and development for coal mining technologies oil and gas research programs low-volume oil and gas reservoir research program complex well technology testing facility methane hydrate research subtitle g science 971 science 972 fusion energy sciences program 973 catalysis research program 974 hydrogen 975 solid state lighting 976 advanced scientific computing for energy missions 977 systems biology program 978 fission and fusion energy materials research program 979 energy and water supplies 980 spallation neutron source 981 rare isotope accelerator 982 office of scientific and technical information 983 science and engineering education pilot program 984 energy research fellowships 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 sec sec sec sec sec sec sec sec sec sec sec sec 987 988 989 990 991 992 993 994 995 996 997 998 subtitle i research administration and operations availability of funds cost sharing merit review of proposals external technical review of departmental programs national laboratory designation report on equal employment opportunity practices strategy and plan for science and energy facilities and infrastructure strategic research portfolio analysis and coordination plan competitive award of management contracts western michigan demonstration project arctic engineering research center 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 sec sec sec sec sec 1001 1002 1003 1004 1005 title x department of energy management improved technology transfer of energy technologies technology infrastructure program small business advocacy and assistance outreach relationship to other laws.

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h r 6 8 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 sec sec sec sec sec sec 1101 1102 1103 1104 1105 1106 title xi personnel and training workforce trends and traineeship grants educational programs in science and mathematics training guidelines for nonnuclear electric energy industry personnel national center for energy management and building technologies improved access to energy-related scientific and technical careers national power plant operations technology and educational center title xii electricity sec 1201 short title subtitle a reliability standards sec 1211 electric reliability standards sec sec sec sec sec sec sec sec sec sec 1221 1222 1223 1224 1231 1232 1233 1234 1235 1236 subtitle b transmission infrastructure modernization siting of interstate electric transmission facilities third-party finance advanced transmission technologies advanced power system technology incentive program subtitle c transmission operation improvements open nondiscriminatory access federal utility participation in transmission organizations native load service obligation study on the benefits of economic dispatch protection of transmission contracts in the pacific northwest 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 sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 subtitle f repeal of puhca short title definitions repeal of the public utility holding company act of 1935 federal access to books and records state access to books and records exemption authority affiliate transactions applicability effect on other regulations enforcement savings provisions implementation transfer of resources effective date service allocation authorization of appropriations conforming amendments to the federal power act subtitle g market transparency enforcement and consumer protection sec 1281 electricity market transparency sec 1282 false statements.

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h r 6 9 sec sec sec sec sec sec market manipulation enforcement refund effective date refund authority consumer privacy and unfair trade practices 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 sec sec sec sec sec sec sec sec sec 1301 1302 1303 1304 1305 1306 1307 1308 1309 subtitle a electricity infrastructure extension and modification of renewable electricity production credit application of section 45 credit to agricultural cooperatives clean renewable energy bonds treatment of income of certain electric cooperatives dispositions of transmission property to implement ferc restructuring policy credit for production from advanced nuclear power facilities credit for investment in clean coal facilities electric transmission property treated as 15-year property expansion of amortization for certain atmospheric pollution control facilities in connection with plants first placed in service after 1975 modifications to special rules for nuclear decommissioning costs five-year net operating loss carryover for certain losses 1283 1284 1285 1286 1287 1288 sec 1310 sec 1311 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 energy efficient commercial buildings deduction credit for construction of new energy efficient homes credit for certain nonbusiness energy property credit for energy efficient appliances credit for residential energy efficient property credit for business installation of qualified fuel cells and stationary microturbine power plants sec 1337 business solar investment tax credit sec sec sec sec sec sec 1331 1332 1333 1334 1335 1336 sec sec sec sec sec sec sec sec 1341 1342 1343 1344 1345 1346 1347 1348 subtitle d alternative motor vehicles and fuels incentives alternative motor vehicle credit credit for installation of alternative fueling stations reduced motor fuel excise tax on certain mixtures of diesel fuel extension of excise tax provisions and income tax credit for biodiesel small agri-biodiesel producer credit renewable diesel modification of small ethanol producer credit sunset of deduction for clean-fuel vehicles and certain refueling property.

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h r 6 10 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 sec sec sec sec sec sec sec sec sec sec sec 1401 1402 1403 1404 1405 1406 1407 1421 1422 1423 1424 subtitle a in general sense of congress on risk assessments energy production incentives regulation of certain oil used in transformers petrochemical and oil refinery facility health assessment national priority project designation cold cracking oxygen-fuel subtitle b set america free short title purpose united states commission on north american energy freedom north american energy freedom policy title xv ethanol and motor fuels sec sec sec sec sec sec sec sec sec sec 1501 1502 1503 1504 1505 1506 1507 1508 1509 1510 subtitle a general provisions renewable content of gasoline findings claims filed after enactment elimination of oxygen content requirement for reformulated gasoline public health and environmental impacts of fuels and fuel additives analyses of motor vehicle fuel changes additional opt-in areas under reformulated gasoline program data collection fuel system requirements harmonization study commercial byproducts from municipal solid waste and cellulosic biomass loan guarantee program renewable fuel conversion assistance for cellulosic biomass waste-derived ethanol approved renewable fuels blending of compliant reformulated gasolines advanced biofuel technologies program waste-derived ethanol and biodiesel sugar ethanol loan guarantee program subtitle b underground storage tank compliance short title leaking underground storage tanks inspection of underground storage tanks operator training remediation from oxygenated fuel additives release prevention compliance and enforcement delivery prohibition federal facilities tanks on tribal lands additional measures to protect groundwater authorization of appropriations conforming amendments technical amendments sec 1511 sec 1512 sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec 1513 1514 1515 1516 1521 1522 1523 1524 1525 1526 1527 1528 1529 1530 1531 1532 1533 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.

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h r 6 11 subtitle b climate change technology deployment in developing countries sec 1611 climate change technology deployment in developing countries sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec sec title xvii incentives for innovative technologies 1701 definitions 1702 terms and conditions 1703 eligible projects 1704 authorization of appropriations 1801 1802 1803 1804 1805 1806 1807 1808 1809 1810 1811 1812 1813 1814 1815 1816 1817 1818 1819 1820 1821 title xviii studies study on inventory of petroleum and natural gas storage study of energy efficiency standards telecommuting study liheap report oil bypass filtration technology total integrated thermal systems report on energy integration with latin america low-volume gas reservoir study investigation of gasoline prices alaska natural gas pipeline coal bed methane study backup fuel capability study indian land rights-of-way mobility of scientific and technical personnel interagency review of competition in the wholesale and retail markets for electric energy study of rapid electrical grid restoration study of distributed generation natural gas supply shortage report hydrogen participation study overall employment in a hydrogen economy study of best management practices for energy research and development programs effect of electrical contaminants on reliability of energy production systems alternative fuels reports final action on refunds for excessive charges fuel cell and hydrogen technology study passive solar technologies study of link between energy security and increases in vehicle miles traveled science study on cumulative impacts of multiple offshore liquefied natural gas facilities energy and water saving measures in congressional buildings study of availability of skilled workers review of energy policy act of 1992 programs study on the benefits of economic dispatch renewable energy on federal land increased hydroelectric generation at existing federal facilities split-estate federal oil and gas leasing and development practices resolution of federal resource development conflicts in the powder river basin national security review of international energy requirements used oil re-refining study transmission system monitoring report identifying and describing the status of potential hydropower facilities sec 1822 sec sec sec sec sec 1823 1824 1825 1826 1827 sec 1828 sec sec sec sec sec sec sec sec sec sec sec sec 1829 1830 1831 1832 1833 1834 1835 1836 1837 1838 1839 1840 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 101a of the higher education act of 1065 20 u.s.c 1001a b inclusion the term institution of higher education includes an organization that

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h r 6 12 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 one or more organizations referred to in subparagraph a and ii is operated supervised or controlled by or in connection with one 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 543a 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

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h r 6 13 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 543a 1 of the national energy conservation policy act 42 u.s.c 8253a 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 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 percentage reduction 2 4 6 8 10 12 14 16 18 20 2 reporting baseline the energy reduction goals and baseline established in paragraph 1 of section 543a of the

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h r 6 14 national energy conservation policy act 42 u.s.c 8253a 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 543a of the national energy conservation policy act 42 u.s.c 8253a 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 543c 1 of the national energy conservation policy act 42 u.s.c 8253c 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 543c 2 of the national energy conservation policy act 42 u.s.c 8253c 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 543c of the national energy conservation policy act 42 u.s.c 8253c 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

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h r 6 15 expenditures water expenditures or wastewater treatment expenditures at buildings subject to the requirements of section 543a 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 548b of the national energy conservation policy act 42 u.s.c 8258b 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 550d of the national energy conservation policy act 42 u.s.c 8258bd is amended in the second sentence by striking the 20 percent reduction goal established under section 543a of the national energy conservation policy act 42 u.s.c 8253a and inserting each of the energy reduction goals established under section 543a 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

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