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TEXT OF AMENDMENTS -- (Senate - April 22, 2002)

[Page: S3036]  GPO's PDF

(D) a nonprofit entity; or

(E) a consortium of entities described in any of subparagraphs (A) through (D).

(b) APPLICATIONS.--

(1) IN GENERAL.--To receive a grant to carry out a pilot program, an eligible entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require.

(2) REQUIRED ELEMENTS.--An application by an eligible entity to carry out a pilot program shall contain, at a minimum, a description of--

(A) sources, level of detail, aggregation, and plans for filling gaps in information that the eligible entity would use to carry out the pilot program;

(B) proposed management of, and access by the public to, the information described in subparagraph (A), including--

(i) design of automation support; and

(ii) reporting and quality control of data submissions and data entry in a manner that protects confidentiality;

(C) means by which recommendations for cost-effective mechanisms for a national, multistate, or State baseline and accounting system may result from the pilot program;

(D) means by which a baseline and accounting system, including a reference case, may be developed;

(E) institutional arrangements that the eligible entity will use to collect and manage relevant information from various sources and levels of government;

(F) the participation of the governmental and nongovernmental interests that would be affected by the pilot program;

(G) a sampling plan to provide for the measurement of carbon at the beginning and end of the pilot program; and

(H) information on how the pilot program could--

(i) support improved agricultural and forest management practices to reduce greenhouse gas emissions and offer other environmental, social, and economic benefits;

(ii) recognize long-term commitment of land to uses that store rather than release carbon and that offer other environmental benefits; and

(iii) lead to development of new mechanisms for improved institutional coordination, cooperation, and communication among Federal, State, and local governmental organizations involved in public and private land management, policy, and practice.

(1) IN GENERAL.--In selecting pilot programs for grants under this section, the Secretary shall give priority to pilot programs that have the greatest potential for advancing the purpose of this part.

(2) CONSIDERATIONS.--In carrying out paragraph (1), the Secretary shall consider--

(A) the percentage of land in a pilot area that is forest and the percentage of land in a pilot area that is cropland, as determined under the National Resources Inventory for 1997 conducted by the Natural Resources Conservation Service;

(B) the regional distribution of pilot areas to reflect a wide variety of forest, agriculture, and ecosystem settings;

(C) innovations in regulations, policies, programs, or voluntary incentives adopted or proposed by the eligible entity to encourage legal, financial, and other mechanisms that would create incentives for environmentally beneficial carbon sequestration and carbon storage on public and private land; and

(D) the potential for beneficial environmental, social, and economic results through--

(i) reduction of threats from global climate change; and

(ii) ancillary benefits such as--

(I) prevention of erosion;

(II) flood control;

(III) soil conservation, fertility, and productivity;

(IV) improved water quality;

(V) protection and restoration of ecosystems and fish and wildlife habitat;

(VI) management and conservation of forests, including through reforestation practices; and

(VII) management of water resources.

(d) GUIDELINES FOR PILOT PROGRAMS.--Not later than 1 year after the date of enactment of this Act, the Secretary, in collaboration with other Federal agencies and eligible entities desiring to carry out pilot programs, shall develop guidelines for the pilot programs.

(e) ACCESS TO INFORMATION.--To assist States in developing baselines and accounting systems, the Secretary shall facilitate access to the most up-to-date information on carbon sequestration and carbon storage from--

(1) the Department of Agriculture, through involvement of the Agricultural Research Service, the Cooperative State Research, Education, and Extension Service, the Forest Service, and the Natural Resources Conservation Service;

(2) the Environmental Protection Agency;

(3) the National Aeronautics and Space Administration; and

(4) other agencies and Federal, State, or private sources of information.

(f) REPORTS.--An eligible entity that receives a grant under this section shall submit to the Secretary such reports as the Secretary may require.

SEC. 1319. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this part $20,000,000 for the period of fiscal years 2003 through 2007, of which--

(1) $5,000,000 shall be used--

(A) to carry out section 1317; and

(B) to pay administrative expenses incurred in carrying out section 1318; and

(2) $15,000,000 shall be used for grants under section 1318.

--

SA 3210. Mr. CORZINE (for himself and Mr. FITZGERALD) submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. DASCHLE (for himself and Mr. BINGAMAN) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:

On page 143, between lines 22 and 23, insert the following:

(d) FINANCIAL PROTECTION OF GOVERNMENT.--

(1) IN GENERAL.--To the extent practicable, the Secretary of Energy shall ensure that the Government is compensated for the risk assumed in making loan guarantees under this section.

(2) GOVERNMENT PARTICIPATION IN GAINS.--To the extent to which any entity accepts financial assistance under this section by accepting the proceeds of a loan guaranteed by the Government under this section, the Secretary of Energy may enter into a contract under which the Government, contingent on the financial success of the entity, will participate in the gains of the entity or of holders of securities of the entity through the use of such instruments as warrants, stock options, common or preferred stock, or other appropriate equity instruments.

(3) DEPOSIT IN TREASURY.--All amounts collected by the Secretary of the Treasury under this section shall be deposited in the Treasury as miscellaneous receipts.

--

SA 3211. Mrs. FEINSTEIN (for herself and Ms. SNOWE) submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. DASCHLE (for himself and Mr. BINGAMAN) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title VIII, insert the following:

SEC. 820a. ADDITIONAL REQUIREMENTS FOR VEHICLE FUEL ECONOMY .

(a) RELATIONSHIP TO PROVISION ON FUEL ECONOMY STANDARDS FOR PICKUP TRUCKS.--Section 811 (relating to fuel economy standards for pickup trucks) shall not take effect.

(b) INCREASED AVERAGE FUEL ECONOMY STANDARD FOR LIGHT TRUCKS.--

(1) DEFINITION OF LIGHT TRUCK.--Section 32901(a) of title 49, United States Code, is amended by adding at the end the following new paragraph:

``(17) `light truck' has the meaning given that term in regulations prescribed by the Secretary of Transportation in the administration of this chapter.''.

(2) REQUIREMENT FOR INCREASED STANDARD.--Section 32902(a) of title 49, United States Code, is amended--

(A) by inserting ``(1)'' after ``AUTOMOBILES.--'';

(B) by inserting before the period at the end of the third sentence the following: ``, subject to paragraph (2)''; and

``(2) The average fuel economy standard for light trucks manufactured by a manufacturer may not be less than 27.5 miles per gallon, except that the average fuel economy standard for--

``(A) light trucks manufactured by a manufacturer in a model year after model year 2005 and before model year 2008 may not be less than 22.5 miles per gallon; and

``(B) light trucks manufactured by a manufacturer in a model year after model year 2007 and before model year 2012 may not be less than 25 miles per gallon.''.

(3) APPLICABILITY.--Paragraph (2) of section 32902(a) of such title does not apply with respect to light trucks manufactured before model year 2003.

(1) VEHICLES DEFINED AS AUTOMOBILES.--Section 32901(a)(3) of title 49, United States Code, is amended by striking ``is rated at--'' and all that follows through the end and inserting ``is rated at not more than 10,000 pounds gross vehicle weight.''.

(2) EFFECTIVE DATE.--The amendment made by paragraph (1) shall take effect on January 1, 2007.

(d) FUEL ECONOMY OF THE FEDERAL FLEET OF VEHICLES.--

(1) BASELINE AVERAGE FUEL ECONOMY .--The head of each executive agency shall determine, for each class of vehicles that are in the agency's fleet of vehicles in fiscal year 2002, the average fuel economy for all of the vehicles in that class that are in the agency's fleet of vehicles for that fiscal year. For the purposes of this section, the average fuel economy so determined for the agency's vehicles in a class of vehicles shall be the baseline average fuel economy for the agency's fleet of vehicles in that class.

[Page: S3037]  GPO's PDF

(2) INCREASE OF AVERAGE FUEL ECONOMY .--The head of an executive agency shall manage the procurement of vehicles in each class of vehicles for that agency in such a manner that--

(A) not later than September 30, 2003, the average fuel economy of the new vehicles in the agency's fleet of vehicles in each class of vehicles is not less than 3 miles per gallon higher than the baseline average fuel economy determined for that class; and

(B) not later than September 30, 2005, the average fuel economy of the new vehicles in the agency's fleet of vehicles in each class of vehicles is not less than 6 miles per gallon higher than the baseline average fuel economy determined for that class.

(3) CALCULATION OF AVERAGE FUEL ECONOMY .--Average fuel economy shall be calculated for the purposes of this section in accordance with guidance which the Secretary of Transportation shall prescribe for the implementation of this section.

(4) DEFINITIONS.--In this subsection:

(A) The term ``class of vehicles'' means a class of vehicles for which an average fuel economy standard is in effect under chapter 329 of title 49, United States Code.

(B) The term ``executive agency'' has the meaning given the term in section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)).

(C) The term ``new vehicle'', with respect to the fleet of vehicles of an executive agency, means a vehicle procured by or for the agency after September 30, 2002.

--

SA 3212. Mrs. FEINSTEIN submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. DASCHLE (for himself and Mr. BINGAMAN) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. . SUSPENSION OF DUTIES ON ETHANOL.

Notwithstanding any other provision of law, no duty shall be imposed on ethanol entered, or withdrawn from warehouse for consumption, beginning on the date that is 15 days after the date of enactment of this Act.

--

SA 3213. Mrs. FEINSTEIN submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. DASCHLE (for himself and Mr. BINGAMAN) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:

On page 188, line 15, insert ``(excluding California, New York, and any other State that demonstrates to the satisfaction of the Administrator that the State is in compliance with all requirements of this Act)'' after ``United States''.

--

SA 3214. Mrs. FEINSTEIN submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. DASCHLE (for himself and Mr. BINGAMAN) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:

On page 188, line 15, insert ``(excluding California and New York)'' after ``United States''.

--

SA 3215. Mrs. FEINSTEIN submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. DASCHLE (for himself and Mr. BINGAMAN) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 189, strike line 3 and all that follows through page 199, line 17, and insert the following:

shall be 1.62 in 2007.

``(B) APPLICABLE VOLUME.--

(i) CALENDAR YEARS 2007 THROUGH 2012.--For the purpose of subparagraph (A), the applicable volume for any of calendar years 2007 through 2012 shall be determined in accordance with the following table:

Applicable volume of renewable fuel ``Calendar year: (In billions of gallons)

2007

3.2

2008

3.5

2009

3.9

2010

4.3

2011

4.7

2012

5.0.

``(ii) CALENDAR YEAR 2013 AND THEREAFTER.--For the purpose of subparagraph (A), the applicable volume for calendar year 2013 and each calendar year thereafter shall be equal to the product obtained by multiplying--

``(I) the number of gallons of gasoline that the Administrator estimates will be sold or introduced into commerce in the calendar year; and

``(II) the ratio that--

``(aa) 5.0 billion gallons of renewable fuels; bears to

``(bb) the number of gallons of gasoline sold or introduced into commerce in calendar year 2012.

``(3) APPLICABLE PERCENTAGES.--Not later than October 31 of each of calendar years 2006 through 2011, the Administrator of the Energy Information Administration shall provide the Administrator an estimate of the volumes of gasoline sales in the United States for the coming calendar year. Based on such estimates, the Administrator shall by November 30 of each of calendar years 2008 through 2011, determine and publish in the Federal Register, the renewable fuel obligation, on a volume percentage of gasoline basis, applicable to refiners, blenders, distributors and importers, as appropriate, for the coming calendar year, to ensure that the requirements of paragraph (2) are met. For each calendar year, the Administrator shall establish a single applicable percentage that applies to all parties, and make provision to avoid redundant obligations. In determining the applicable percentages, the Administrator shall make adjustments to account for the use of renewable fuels by exempt small refiners during the previous year.

``(4) CELLULOSIC BIOMASS ETHANOL.--For the purpose of paragraph (2), 1 gallon of cellulosic biomass ethanol shall be considered to be the equivalent of 1.5 gallon of renewable fuel .

``(5) CREDIT PROGRAM.--

``(A) IN GENERAL.--The regulations promulgated to carry out this subsection shall provide for the generation of an appropriate amount of credits by any person that refines, blends, distributes or imports gasoline that contains a quantity of renewable fuel that is greater than the quantity required under paragraph (2). Such regulations shall provide for the generation of an appropriate amount of credits for biodiesel fuel . If a small refinery notifies the Administrator that it waives the exemption provided by this Act, the regulations shall provide for the generation of credits by the small refinery beginning in the year following such notification.

``(B) USE OF CREDITS.--A person that generates credits under subparagraph (A) may use the credits, or transfer all or a portion of the credits to another person, for the purpose of complying with paragraph (2).

``(C) LIFE OF CREDITS.--A credit generated under this paragraph shall be valid to show compliance:

(i) in the calendar year in which the credit was generated or the next calendar year, or

(ii) in the calendar year in which the credit was generated or next two consecutive calendar years if the Administrator promulgates regulations under paragraph (6).

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