S 389 IS
107th CONGRESS
1st Session
S. 389
To protect the energy security of the United States and decrease
America's dependency on foreign oil sources to 50 percent by the year 2011 by
enhancing the use of renewable energy resources, conserving energy resources,
improving energy efficiencies, and increasing domestic energy supplies; improve
environmental quality by reducing emissions of air pollutants and greenhouse
gases; mitigate the effect of increases in energy prices on the American
consumer, including the poor and the elderly; and for other purposes.
IN THE SENATE OF THE UNITED STATES
February 26, 2001
Mr. MURKOWSKI (for himself, Mr. BREAUX, Mr. LOTT, Mr. VOINOVICH, Mr.
DOMENICI, Mr. CRAIG, Mr. CAMPBELL, Mr. THOMAS, Mr. SHELBY, Mr. BURNS, Mr. HAGEL,
Mr. STEVENS, and Mr. HUTCHINSON) introduced the following bill; which was read
twice and referred to the Committee on Finance
A BILL
To protect the energy security of the United States and decrease
America's dependency on foreign oil sources to 50 percent by the year 2011 by
enhancing the use of renewable energy resources, conserving energy resources,
improving energy efficiencies, and increasing domestic energy supplies; improve
environmental quality by reducing emissions of air pollutants and greenhouse
gases; mitigate the effect of increases in energy prices on the American
consumer, including the poor and the elderly; and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `National Energy Security Act of 2001'.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS- The Congress finds that--
(1) Increasing dependence on foreign sources of oil causes systemic harm
to all sectors of the United States economy, threatens national security,
undermines the ability of Federal, State, and local units of government to
provide essential services, and jeopardizes the peace, security, and welfare
of the American people;
(2) dependence on imports of foreign oil was 46 percent in 1992, rose to
more than 55 percent by the beginning of 2000, and is estimated by the
Department of Energy to rise to 65 percent by 2020 unless current policies
are altered;
(3) even with increased energy efficiency, energy use in the United
States is expected to increase 27 percent by 2020;
(4) the United States lacks a comprehensive national energy policy and
has taken actions that limit the availability and capability of the domestic
energy sources of oil and gas, coal, nuclear and hydroelectric;
(5) a comprehensive energy strategy must be developed to combat this
trend, decrease the United States dependence on imported oil supplies and
strengthen our national energy security;
(6) this comprehensive strategy must decrease the United States
dependence on foreign oil supplies to not more than 50 percent by the year
2011;
(7) this comprehensive energy strategy must be multi-faceted and enhance
the use of renewable energy resources (including hydroelectric, solar, wind,
geothermal and biomass), conserve energy resources (including improving
energy efficiencies), and increase domestic supplies of conventional energy
resources (including oil, natural gas, coal, and nuclear);
(8) conservation efforts and alternative fuels alone will not enable
America to meet this goal as conventional energy sources supply 96 percent
of America's power at this time;
(9) immediate actions must also be taken to mitigate the economic
effects of recent increases in the price of crude oil, natural gas, and
electricity and the related impacts on American consumers, including the
poor and the elderly.
(b) PURPOSES- The purposes of this Act are to protect the energy security
of the United States by decreasing America's dependence on foreign oil sources
to not more than 50 percent by 2010, by enhancing the use of renewable energy
resources, conserving energy resources (including improving energy
efficiencies), and increasing domestic energy supplies, improving
environmental quality by reducing emissions of air pollutants and greenhouse
gases, and mitigating the immediate effect of increases in energy prices on
the American consumer, including the poor and the elderly.
TITLE I--GENERAL PROVISIONS TO PROTECT ENERGY SUPPLY AND
SECURITY
SEC. 101. CONSULTATION AND REPORT ON FEDERAL AGENCY ACTIONS AFFECTING
DOMESTIC ENERGY SUPPLY.
Prior to taking or initiating any action that could have a significant
adverse effect on the availability or supply of domestic energy resources or
on the domestic capability to distribute or transport such resources, the head
of a Federal agency proposing or participating in such action shall notify the
Secretary of Energy in writing of the nature and scope of the action, the need
for such action, the potential effect of such action on energy resource
supplies, price, distribution, and transportation, and any alternatives to
such action or options to mitigate the effects and shall provide the Secretary
of Energy with adequate time to review the proposed action and make
recommendations to avoid or minimize the adverse effect of the proposed
action. The proposing agency shall consider any such recommendations made by
the Secretary of Energy. The Secretary of Energy shall provide an annual
report to the Committee on Energy and Natural Resources of the United States
Senate and to the appropriate Committees of the House of Representatives on
all actions brought to his attention, what mitigation or alternatives, if any,
were implemented, and what the short-term, mid-term, and long-term effect of
the final action will likely be on domestic energy resource supplies and their
development, distribution, or transmission.
SEC. 102. ANNUAL REPORT ON UNITED STATES ENERGY INDEPENDENCE.
(a) REPORT- Beginning on October 1, 2001, and annually thereafter, the
Secretary of Energy, in consultation with the Secretary of Defense and the
heads of other relevant Federal agencies, shall submit a report to the
President and the Congress which evaluates the progress the United States has
made toward obtaining the goal of not more than 50 percent dependence on
foreign oil sources by 2010.
(b) ALTERNATIVES- The report shall specify legislative or administrative
actions that must be implemented to meet this goal and set forth a range of
options and alternatives with a benefit/cost analysis for each option or
alternative together with an estimate of the contribution each option or
alternative could make to reduce foreign oil imports. The
Secretary shall solicit information from the public and request information
from the Energy Information Agency and other agencies to develop the report. The
report shall indicate, in detail, options and alternatives to (1) increase the
use of renewable domestic energy sources, including conventional and
non-conventional sources such as, but not limited to, increased hydroelectric
generation at existing Federal facilities, (2) conserve energy resources,
including improving efficiencies and decreasing consumption, and (3) increase
domestic production and use of oil, natural gas, nuclear, and coal, including
any actions necessary to provide access to, and transportation of, these energy
resources.
(c) REFINERY CAPACITY- As part of the reports submitted in 2001, 2005, and
2008, the Secretary shall examine and report on the condition of the domestic
refinery industry and the extent of domestic storage capacity for various
categories of petroleum products and make such recommendations as he believes
will enhance domestic capabilities to respond to short-term shortages of
various fuels due to climate or supply interruptions and ensure long-term
supplies on a reliable and affordable basis.
(d) NOTIFICATION TO CONGRESS- Whenever the Secretary determines that
stocks of petroleum products have declined or are anticipated to decline to
levels that would jeopardize national security or threaten supply shortages or
price increases on a national or regional basis, he shall immediately notify
the Congress of the situation and shall make such recommendations for
administrative or legislative action as he believes are necessary to alleviate
the situation.
SEC. 103. STRATEGIC PETROLEUM RESERVE STUDY AND REPORT.
The President shall immediately establish an Interagency Panel on the
Strategic Petroleum Study (referred to as the `Panel' in this section) to
study oil markets and estimate the extent and frequency of fluctuations in the
supply and price of, and demand for crude oil in the future and determine
appropriate capacity of and uses for the Strategic Petroleum Reserve. The
Panel may recommend changes in existing authorities to strengthen the ability
of the Strategic Petroleum Reserve to respond to energy requirements. The
Panel shall complete its study and submit a report containing its findings and
any recommendations to the President and the Congress within six months from
the date of enactment of this Act.
SEC. 104. STUDY OF EXISTING RIGHTS-OF-WAY TO DETERMINE CAPABILITY TO SUPPORT
NEW PIPELINES OR OTHER TRANSMISSION FACILITIES.
Within one year from the date of enactment of this Act, the head of each
Federal agency that has authorized a right-of-way across Federal lands for
transportation of energy supplies or transmission of electricity shall review
each such right-of-way and submit a report to the Secretary of Energy and the
Chairman of the Federal Energy Regulatory Commission whether the right-of-way
can be used to support new or additional capacity and what modifications or
other changes, if any, would be necessary to accommodate such additional
capacity. In performing the review, the head of each agency shall consult with
agencies of State or local units of government as appropriate and consider
whether safety or other concerns related to current uses might preclude the
availability of a right-of-way for additional or new transportation or
transmission facilities and shall set forth those considerations in the
report.
SEC. 105. USE OF FEDERAL FACILITIES.
(a) The Secretary of the Interior and the Secretary of the Army shall each
inventory all dams, impoundments, and other facilities under their
jurisdiction.
(b) Based on this inventory and other information, the Secretary of the
Interior and the Secretary of the Army shall each submit a report to the
Congress within six months from the date of enactment of this Act. Each report
shall--
(1) describe, in detail, each facility that is capable, with or without
modification, of producing additional hydroelectric power. For each such
facility, the report shall state the full potential for the facility to
generate hydroelectric power, whether the facility is currently generating
hydroelectric power, and the costs to install, upgrade, modify, or take
other actions to increase the hydroelectric generating capability of the
facility. For each facility that currently has hydroelectric generating
equipment, the report shall indicate the condition of such equipment,
maintenance requirements, and schedule for any improvements as well as the
purposes for which power is generated, and
(2) describe what actions are planned or underway to increase
hydroelectric production from facilities under his jurisdiction and shall
include any recommendations the Secretary deems advisable to increase such
production, reduce costs, and improve efficiency at Federal facilities,
including, but not limited to, use of lease of power privilege and
contracting with non-Federal entities for operation and maintenance.
SEC. 106. NUCLEAR GENERATION STUDY.
The Chairman of the Nuclear Regulatory Commission shall submit a report to
the Congress within six months from the date of enactment of this Act on the
state of nuclear power generation and production in the United States and the
potential for increasing nuclear generating capacity and production as part of
this Nation's energy mix. The report shall include an assessment of agency
readiness to license new advanced reactor designs and discuss the needed
confirmatory and anticipatory research activities that would support such a
state of readiness. The report shall also review the status of the relicensing
process for civilian nuclear power plants, including current and anticipated
applications, and recommendations for improvements in the process, including,
but not limited to recommendations for expediting the process and ensuring
that relicensing is accomplished in a timely manner.
SEC. 107. DEVELOPMENT OF A NATIONAL SPENT NUCLEAR FUEL STRATEGY AND
ESTABLISHMENT OF AN OFFICE OF SPENT NUCLEAR FUEL RESEARCH.
(a) Prior to the Federal Government taking any irreversible action
relating to the disposal of spent nuclear fuel, Congress must determine
whether the spent fuel should be treated as waste subject to permanent burial
or should be considered an energy resource that is needed to meet future
energy requirements.
(b) OFFICE OF SPENT NUCLEAR FUEL RESEARCH- There is hereby established an
Office of Spent Nuclear Fuel Research (referred to as the `Office' in this
section) within the Office of Nuclear Energy Science and Technology of the
Department of Energy. The Office shall be headed by the Associate Director,
who shall be a member of the Senior Executive Service appointed by the
Director of the Office of Nuclear Energy Science and Technology, and
compensated at a rate determined by applicable law.
(c) ASSOCIATE DIRECTOR- The Associate Director of the Office of Spent
Nuclear Fuel Research shall be responsible for carrying out an integrated
research, development, and demonstration program on technologies for
treatment, recycling, and disposal of high-level nuclear radioactive waste and
spent nuclear fuel, subject to the general supervision of the Secretary. The
Associate Director of the Office shall report to the Director of the Office of
Nuclear Energy Science and Technology. The first such Associate Director shall
be appointed
within 90 days of the enactment of this Act.
(d) GRANT AND CONTRACT AUTHORITY- In carrying out his responsibilities
under this Section, the Secretary may make grants, or enter into contracts,
for the purposes of the research projects and activities described in
(e)(2).
(e)(1) DUTIES- The Associate Director of the Office shall involve national
laboratories, universities, the commercial nuclear industry, and other
organizations to investigate technologies for the treatment, recycling, and
disposal of spent nuclear fuel and high-level radioactive waste.
(2) The Associate Director of the Office shall--
(A) develop a research plan to provide recommendations by 2015;
(B) identify technologies for the treatment, recycling, and disposal of
spent nuclear fuel and high-level radioactive waste;
(C) conduct research and development activities on such
technologies;
(D) ensure that all activities include as key objectives minimization of
proliferation concerns and risk to health of the general public or site
workers, as well as development of cost-effective technologies;
(E) require research on both reactor- and accelerator-based
transmutation systems;
(F) require research on advanced processing and separations;
(G) encourage that research efforts include participation of
international collaborators;
(H) be authorized to fund international collaborators when they bring
unique capabilities not available in the United States and their host
country is unable to provide for their support;
(I) ensure that research efforts with the Office are coordinated with
research on advanced fuel cycles and reactors conducted within the Office of
Nuclear Energy Science and Technology.
(f) REPORT- The Associate Director of the Office of Spent Nuclear Fuel
Research shall annually prepare and submit a report to the Congress on the
activities and expenditures of the Office, including the progress that has
been made to achieve the objectives of subsection (c).
SEC. 108. STUDY AND REPORT ON STATUS OF DOMESTIC REFINING INDUSTRY AND
PRODUCT DISTRIBUTION SYSTEM.
(a) ANNUAL REPORT- The Secretary of Energy, in consultation with the
Administrator of the Environmental Protection Agency, the States, the National
Petroleum Council, and other representatives of the petroleum refining,
distribution and retailing industries, shall submit a report to the Congress
on the condition of the domestic petroleum refining industry and the petroleum
product distribution system. The first such report shall be submitted no later
than January 1, 2002, and revised annually thereafter.
(b) RECOMMENDATIONS- Each annual report shall include any recommendations
that the Secretary believes should be implemented either through legislation
or regulation to ensure that there is adequate domestic refining capacity and
motor fuel supplies to meet the economic, social, and security requirements of
the United States.
(c) PREPARATION- In preparing each annual report, the Secretary shall--
(1) provide an assessment of the condition of the domestic petroleum
refining industry and the Nation's motor fuel distribution system, including
the ability to make future capital investments necessary to manufacture,
transport, and store different petroleum products required by local, State,
and Federal statute and regulations;
(2) examine the reliability and cost of feedstocks and energy supplied
to the refining industry as well as the reliability and cost of products
manufactured by such industry;
(3) provide an assessment of the collective effect of current and future
motor fuel requirements on--
(A) the ability of the domestic motor fuels refining, distribution,
and retailing industries to reliably and cost-effectively supply fuel to
the Nation's consumers and businesses;
(B) gasoline (reformulated and conventional) and diesel fuel
(on-highway and off-highway) supplies;
(C) retail motor fuel price volatility;
(4) explore opportunities to streamline permitting and siting decisions
and approvals for expanding existing and/or building new domestic refining
capacity;
(5) recommend actions that can be taken to reduce future motor supply
concerns; and
(6) provide an assessment of whether uniform, regional, or national
performance-based fuel specifications would reduce supply disruptions and
price spikes.
(d) CONFIDENTIALITY OF DATA- Any information requested by the Secretary to
be submitted by industry for purposes of this section shall be treated as
confidential and shall be used only for the preparation of the annual
report.
SEC. 109. REVIEW OF FEDERAL ENERGY REGULATORY COMMISSION NATURAL GAS
PIPELINE CERTIFICATION PROCEDURES.
The Federal Energy Regulatory Commission shall, in consultation with other
appropriate Federal agencies, immediately undertake a comprehensive review of
policies, procedures, and regulations for the certification of natural gas
pipelines to determine how to reduce the cost and time of obtaining a
certificate. The Commission shall report its findings within 6 months of the
date of the enactment of this Act to the Senate Committee on Energy and
Natural Resources and the appropriate Committees of the United States House of
Representatives, including any recommendations for legislative changes.
SEC. 110. ANNUAL REPORT ON AVAILABILITY OF DOMESTIC ENERGY RESOURCES TO
MAINTAIN THE UNITED STATES' ELECTRICITY GRID.
(a) Beginning on October 1, 2001, and annually thereafter, the Secretary
of Energy, in consultation with the Federal Energy Regulatory Commission and
the North American Electric Reliability Council, States, and appropriate
regional organizations, shall submit a report to the President and the
Congress which evaluates the availability and capacity of domestic sources of
energy generation to maintain the electricity grid in the United States.
Specifically, the Secretary shall evaluate each region of the country with
regard to grid stability during peak periods, such as summer, and options for
improving grid stability.
(b) The report shall specify specific legislative or administrative
actions that could be implemented to improve baseload generation and set forth
a range of options and alternatives
with a benefit/cost analysis for each option or alternative together with an
estimate of the contribution each option or alternative could make to reduce
foreign oil imports. The report shall indicate, in detail, options and
alternatives to (1) increase the use of nonemitting domestic energy sources,
including conventional and nonconventional sources such as, but not limited to,
increased nuclear energy generation, and (2) conserve energy resources,
including improving efficiencies and decreasing fuel consumption.
SEC. 111. STUDY OF FINANCING FOR NEW TECHNOLOGIES.
(a) The Secretary of Energy shall undertake an independent assessment of
innovative financing techniques to encourage and enable construction of new
electricity supply technologies with high initial capital costs that might not
otherwise be built in a deregulated market.
(b) The assessment shall be conducted by a firm with proven expertise in
financing large capital projects or in financial services consulting, and is
to be provided to the Congress no later than nine months from the date of
enactment of this Act.
(c) The assessment shall include a comprehensive examination of all
available techniques to safeguard private investors in high capital
technologies--including advanced design power plants including, but not
limited to, nuclear--against government-imposed risks that are beyond the
investors' control. Such techniques may include (but not be limited to)
Federal loan guarantees, Federal price guarantees, special tax considerations,
and direct Federal Government investment.
SEC. 112. REVIEW OF REGULATIONS TO ELIMINATE BARRIERS TO EMERGING ENERGY
TECHNOLOGY.
(a) IN GENERAL- Each Federal agency shall carry out a review of its
regulations and standards to determine those that act as a barrier to market
entry for emerging energy-efficient technologies, including, but not limited
to, fuel cells, combined heat and power, and distributed generation (including
small-scale renewable energy).
(b) REPORT TO CONGRESS- No later than eighteen months from date of
enactment of this section, each agency shall provide a report to Congress and
the President detailing all regulatory barriers to emerging energy-efficient
technologies, along with actions the agency intends to take, or has taken, to
remove such barriers.
(c) PERIODIC REVIEW- Each agency shall subsequently review its regulations
and standards in this manner no less frequently than every five years, and
report their findings to Congress and President. Such reviews shall include a
detailed analysis of all agency actions taken to remove existing barriers to
emerging energy technologies.
SEC. 113. INTERAGENCY AGREEMENT ON ENVIRONMENTAL REVIEW OF INTERSTATE
NATURAL GAS PIPELINE PROJECTS.
The Secretary of Energy, in coordination with the Federal Energy
Regulatory Commission, shall establish an administrative interagency task
force to develop an interagency agreement to expedite and facilitate the
environmental review and permitting of interstate natural gas pipeline
projects. The task force shall include the Bureau of Land Management and the
Fish and Wildlife Service in the Department of the Interior, the United States
Army Corps of Engineers, the United States Forest Service, the Environmental
Protection Agency, the Advisory Council on Historic Preservation and such
other agencies as the Office and the Federal Energy Regulatory Commission deem
appropriate. The interagency agreement shall require that agencies complete
their review of interstate pipeline projects within a specific period of time
after referral of the matter by the Federal Energy Regulatory Commission. The
agreement shall be completed within six months after the effective date of
this section.
SEC. 114. PIPELINE INTEGRITY, SAFETY, AND RELIABILITY RESEARCH AND
DEVELOPMENT.
(a) IN GENERAL- The Secretary of Transportation, in coordination with the
Secretary of Energy, shall develop and implement an accelerated cooperative
program of research and development to ensure the integrity of natural gas and
hazardous liquid pipelines. This research and development program shall
include materials inspection techniques, risk assessment methodology, and
information systems surety.
(b) PURPOSE- The purpose of the cooperative research program shall be to
promote research and development to--
(1) ensure long-term safety, reliability and service life for existing
pipelines;
(2) expand capabilities of internal inspection devices to identify and
accurately measure defects and anomalies;
(3) develop inspection techniques for pipelines that cannot accommodate
the internal inspection devices available on the date of enactment;
(4) develop innovative techniques to measure the structural integrity of
pipelines to prevent pipeline failures;
(5) develop improved materials and coatings for use in pipelines;
(6) improve the capability, reliability, and practicality of external
leak detection devices;
(7) identify underground environments that might lead to shortened
service life;
(8) enhance safety in pipeline siting and land use;
(9) minimize the environmental impact of pipelines;
(10) demonstrate technologies that improve pipeline safety, reliability,
and integrity;
(11) provide risk assessment tools for optimizing risk mitigation
strategies; and
(12) provide highly secure information systems for controlling the
operation of pipelines.
(c) AREAS- In carrying out this section, the Secretary of Transportation,
in coordination with the Secretary of Energy, shall consider research and
development on natural gas, crude oil, and petroleum product pipelines
for--
(1) early crack, defect, and damage detection, including real-time
damage monitoring;
(2) automated internal pipeline inspection sensor systems;
(3) land use guidance and set back management along pipeline
rights-of-way for communities;
(4) internal corrosion control;
(5) corrosion-resistant coatings;
(6) improved cathodic protection;
(7) inspection techniques where internal inspection is not feasible,
including measurement of structural integrity;
(8) external leak detection, including portable real-time video imaging
technology, and the advancement of computerized control center leak
detection systems utilizing real-time remote field data input;
(9) longer life, high strength, non-corrosive pipeline materials;
(10) assessing the remaining strength of existing pipes;
(11) risk and reliability analysis models, to be used to identify safety
improvements that could be realized in the near term resulting from analysis
of data obtained from a pipeline performance tracking initiative;
(12) identification, monitoring, and prevention of outside force damage,
including satellite surveillance; and
(13) any other areas necessary to ensuring the public safety and
protecting the environment.
(d) RESEARCH AND DEVELOPMENT PROGRAM PLAN- Within 240 days after the date
of enactment of this section, the Secretary of Transportation, in coordination
with the Secretary of Energy and the Pipeline Integrity Technical Advisory
Committee, shall prepare and submit to the Congress a five-year program plan
to guide activities under this section. In preparing the program plan, the
Secretary shall consult with the appropriate representatives of the natural
gas, crude oil, and petroleum product pipeline industries to select and
prioritize appropriate project proposals. The Secretary may also seek the
advice of utilities, manufacturers, institutions of higher learning, Federal
agencies, the pipeline research institutions, national laboratories, State
pipeline safety officials, environmental organizations, pipeline safety
advocates, and professional and technical societies.
(e) IMPLEMENTATION- The Secretary of Transportation shall have primary
responsibility for ensuring the five-year plan provided for in subsection (d)
is implemented as intended by this section. In carrying out the research,
development, and demonstration activities under this section, the Secretary of
Transportation and the Secretary of Energy may use, to the extent authorized
under applicable provisions of law, contracts, cooperative agreements,
cooperative research and development agreements under the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.), grants, joint
ventures, other transactions, and any other form of agreement available to the
Secretary consistent with the recommendations of the Advisory Committee.
(f) REPORTS TO CONGRESS- The Secretary of Transportation shall report to
the Congress annually as to the status and results to date of the
implementation of the research and development program plan. The report shall
include the activities of the Departments of Transportation and Energy, the
national laboratories, universities, and any other research organizations,
including industry research organizations.
(g) PIPELINE INTEGRITY TECHNICAL ADVISORY COMMITTEE-
(1) ESTABLISHMENT- The Secretary of Transportation shall enter into
appropriate arrangements with the National Academy of Sciences to establish
and manage the Pipeline Integrity Technical Advisory Committee for the
purpose of advising the Secretary of Transportation and the Secretary of
Energy on the development and implementation of the five-year research,
development, and demonstration program plan as defined in sec. 3(e). The
Advisory Committee shall have an ongoing role in evaluating the progress and
results of the research, development, and demonstration carried out under
this section.
(2) MEMBERSHIP- The National Academy of Sciences shall appoint the
members of the Pipeline Integrity Technical Advisory Committee after
consultation with the Secretary of Transportation and the Secretary of
Energy. Members appointed to the Advisory Committee should have the
necessary qualifications to provide technical contributions to the purposes
of the Advisory Committee.
(h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to the Secretary of Transportation and to the Secretary of Energy
for carrying out this section such sums as may be necessary for each of the
fiscal years 2002 through 2006.
SEC. 115. RESEARCH AND DEVELOPMENT FOR NEW NATURAL GAS TECHNOLOGIES.
(a) The Secretary of Energy shall conduct a comprehensive five-year
program for research, development and demonstration to improve the
reliability, efficiency, safety and integrity of the natural gas
transportation and distribution infrastructure and for distributed energy
resources (including microturbines, fuel cells, advanced engine-generators gas
turbines reciprocating engines, hybrid power generation systems, and all
ancillary equipment for dispatch, control and maintenance).
(b) There are authorized to be appropriated such sums as may be necessary
for the purposes of this section.
TITLE II--TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM FOR ADVANCED CLEAN
COAL TECHNOLOGY FOR COAL-BASED ELECTRICITY GENERATING FACILITIES
SEC. 201. PURPOSE.
The purpose of this title is to direct the Secretary of Energy (referred
to as `Secretary' in this title) to--
(1) establish a coal-based technology development program designed to
achieve cost and performance goals;
(2) carry out a study to identify technologies that may be capable of
achieving, either individually or in combination, the cost and performance
goals and for other purposes; and
(3) implement a research, development, and demonstration program to
develop and demonstrate, in commercial-scale applications, advanced clean
coal technologies for coal-fired generating units constructed before the
date of enactment of this title.
SEC. 202. COST AND PERFORMANCE GOALS.
(a) IN GENERAL- The Secretary shall perform an assessment that identifies
costs and associated performance of technologies that would permit the
continued cost-competitive use of coal for electricity generation, as chemical
feedstocks, and as transportation fuel in 2007, 2015, and the years after
2020.
(b) CONSULTATION- In establishing cost and performance goals, the
Secretary shall consult with representatives of--
(1) the United States coal industry;
(2) State coal development agencies;
(3) the electric utility industry;
(4) railroads and other transportation industries;
(5) manufacturers of equipment using advanced coal technologies;
(6) organizations representing workers; and
(7) organizations formed to--
(A) further the goals of environmental protection;
(B) promote the use of coal; or
(C) promote the development and use of advanced coal
technologies.
(c) TIMING- The Secretary shall--
(1) not later than 120 days after the date of enactment of this Act,
issue a set of draft cost and performance goals for public comment;
and
(2) not later than 180 days after the date of enactment of this Act, and
after taking into consideration any public comments received, submit to
Congress the final cost and performance goals.
SEC. 203. STUDY.
(a) IN GENERAL- Not later than 1 year after the date of enactment of this
Act, the Secretary, in cooperation with the Secretary of the Interior and the
Administrator of the Environmental Protection Agency, shall conduct a study
to--
(1) identify technologies capable of achieving cost and performance
goals, either individually or in various combinations;
(2) assess costs that would be incurred by, and the period of time that
would be required for, the development and demonstration of technologies
that contribute, either individually or in various combinations, to the
achievement of cost and performance goals; and
(3) develop recommendations for technology development programs, which
the Department of Energy could carry out in cooperation with industry, to
develop and demonstrate such technologies.
(b) COOPERATION- In carrying out this section, the Secretary shall give
appropriate consideration to the expert advice of representatives from the
entities described in section 111(b).
SEC. 204. TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM.
(a) IN GENERAL- The Secretary shall carry out a program of research on and
development, demonstration, and commercial application of coal-based
technologies under--
(2) the Federal Nonnuclear Energy Research and Development Act of 1974
(42 U.S.C. 5901 et seq.);
(3) the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.);
and
(4) title XVI of the Energy Policy Act of 1992 (42 U.S.C. 13381 et
seq.).
(b) CONDITIONS- The research, development, demonstration, and commercial
application programs identified in section 203(a) shall be designed to achieve
the cost and performance goals, either individually or in various
combinations.
(c) REPORT- Not later than 18 months after the date of enactment of this
Act, the Secretary shall submit to the President and Congress a report
containing--
(1) a description of the programs that, as of the date of the report,
are in effect or are to be carried out by the Department of Energy to
support technologies that are designed to achieve the cost and performance
goals; and
(2) recommendations for additional authorities required to achieve the
cost and performance goals.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL- There is authorized to be appropriated to carry out the
provisions of sections 202, 203, and 204, $100,000,000 for each of fiscal
years 2002 through 2012, to remain available until expended.
(b) CONDITIONS OF AUTHORIZATION- The authorization of appropriations under
subsection (a)--
(1) shall be in addition to authorizations of appropriations in effect
on the date of enactment of this Act; and
(2) shall not be a cap on Department of Energy fossil energy research
and development and clean coal technology appropriations.
SEC. 206. POWER PLANT IMPROVEMENT INITIATIVE.
(a) IN GENERAL- The Secretary shall carry out a power plant improvement
initiative program that will demonstrate commercial applications of advanced
coal-based technologies applicable to new or existing power plants, including
co-production plants, that, either individually or in combination, advance the
efficiency, environmental performance and cost competitiveness well beyond
that which is in operation or has been demonstrated to date.
(b) PLAN- Not later than 120 days after the date of enactment of this
title, the Secretary shall submit to Congress a plan to carry out subsection
(a) that includes a description of--
(1) the program elements and management structure to be used;
(2) the technical milestones to be achieved with respect to each of the
advanced coal-based technologies included in the plan; and
(3) the demonstration activities that will benefit new or existing
coal-based electric generation units having at least a 50 megawatt nameplate
rating including improvements to allow the units to achieve either--
(A) an overall design efficiency improvement of not less than 3
percentage points as compared with the efficiency of the unit as operated
on the date of the enactment of this title and before any retrofit,
repowering, replacement or installation;
(B) a significant improvement in the environmental performance related
to the control of sulfur dioxide, nitrogen oxide or mercury in a manner
that is well below the cost of technologies that are in operation or have
been demonstrated to date; or
(C) a means of recycling or reusing a significant proportion of coal
combustion wastes produced by coal-based generating units excluding
practices that are commercially available at the date of
enactment.
SEC. 207. FINANCIAL ASSISTANCE.
(a) IN GENERAL- Not later than 180 days after the date on which the
Secretary submits to Congress the plan under section 206(b), the Secretary
shall solicit proposals for projects which
serve or benefit new or existing facilities and, either individually or in
combination, are designed to achieve the levels of performance set forth in
section 206(b)(3).
(b) PROJECT CRITERIA- A solicitation under subsection (a) may include
solicitation of a proposal for a project to demonstrate--
(1) the reduction of emissions of one or more pollutants; or
(2) the production of coal combustion byproducts that are capable of
obtaining economic values significantly greater than byproducts produced on
the date of enactment of this title.
(c) FINANCIAL ASSISTANCE- The Secretary shall provide financial assistance
to projects that--
(1) demonstrate overall cost reductions in the utilization of coal to
generate useful forms of energy;
(2) improve the competitiveness of coal among various forms of energy to
maintain a diversity of fuel choices in the United States to meet
electricity generation requirements;
(3) achieve in a cost-effective manner, one or more of the criteria set
out in the solicitation; and
(4) demonstrate technologies that are applicable to 25 percent of the
electricity generating facilities that use coal as the primary feedstock on
the date of enactment of this title.
(d) FEDERAL SHARE- The Federal share of the cost of any project funded
under this section shall not exceed 50 percent.
(e) EXEMPTION FROM NEW SOURCE REVIEW PROVISIONS- A project funded under
this section shall be exempt from the new source review provisions of the
Clean Air Act (42 U.S.C. 7401 et seq.).
SEC. 208. FUNDING.
To carry out sections 206 and 207, there are authorized to be appropriated
such sums as may be necessary.
SEC. 209. RESEARCH AND DEVELOPMENT FOR ADVANCED SAFE AND EFFICIENT COAL
MINING TECHNOLOGIES.
(a) The Secretary of Energy shall establish a cooperative research
partnership involving appropriate Federal agencies, coal producers, including
associations, equipment manufacturers, universities with mining engineering
departments, and other relevant entities to develop mining research priorities
identified by the Mining Industry of the Future Program and in the National
Academy of Sciences report on Mining Technologies, establish a process for
joint industry-government research, and expand mining research capabilities at
universities.
(b) There are authorized to be appropriated to carry out the requirements
of this section, $10,000,000 in fiscal year 2002, $12,000,000 in fiscal year
2003, and $15,000,000 in fiscal year 2004. At least 20 percent of any funds
appropriated shall be dedicated to research carried out at universities.
SEC. 210. RAILROAD EFFICIENCY.
(a) The Secretary shall, in conjunction with the Secretaries of
Transportation and Defense, and the Administrator of the Environmental
Protection Agency, establish a public-private research partnership involving
the Federal Government, railroad carriers, locomotive manufacturers, and the
Association of American Railroads. The goal of the initiative shall include
developing and demonstrating locomotive technologies that increase fuel
economy, reduce emissions, improve safety, and lower costs.
(b) There are authorized to be appropriated to carry out the requirements
of this Section $50 million in fiscal year 2002, $60 million in fiscal year
2003, and $70 million in fiscal year 2004.
TITLE III--OIL AND GAS
Subtitle A--Deepwater and Frontier Royalty Relief
SEC. 301. SHORT TITLE.
This part may be referred to as the `Outer Continental Shelf Deep Water
and Frontier Royalty Relief Act'.
SEC. 302. AMENDMENTS TO THE OUTER CONTINENTAL SHELF LANDS ACT.
(a) Section 8(a)(3) of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(a)(3)), is amended--
(1) by designating the provisions of paragraph (3) as subparagraph (A)
of such paragraph (3); and
(2) by inserting after subparagraph (A), as so designated, the
following:
`(B) In the Western and Central Planning Areas of the Gulf of Mexico
and the portion of the Eastern Planning Area of the Gulf of Mexico
encompassing whole lease blocks lying west of 87 degrees, 30 minutes West
longitude, the Secretary may, in order to--
`(i) promote development or increased production or producing or
non-producing leases; or
`(ii) encourage production of marginal resources on producing or
non-producing leases;
through primary, secondary, or tertiary recovery means, reduce or
eliminate any royalty or net profit share set forth in the lease(s). With
the lessee's consent, the Secretary may make other modifications to the
royalty or net profit share terms of the lease in order to achieve these
purposes.
`(C)(i) Notwithstanding the provisions of this Act other than this
subparagraph, with respect to any lease or unit in existence on the date
of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act
meeting the requirements of this subparagraph, no royalty payments shall
be due on new production, as defined in clause (iv) of this subparagraph,
from any lease or unit located in water depths of 200 meters or greater in
the Western and Central Planning Areas of the Gulf of Mexico, including
that portion of the Eastern Planning Area of the Gulf of Mexico
encompassing whole lease blocks lying west of 87 degrees, 30 minutes West
longitude, until such volume of production as determined pursuant to
clause (ii) has been produced by the lessee.
`(ii) Upon submission of a complete application by the lessee, the
Secretary shall determine within 180 days of such application whether new
production from such lease or unit would be economic in the absence of the
relief from the requirement to pay royalties provided for by clause (i) of
this subparagraph. In making such determination, the Secretary shall
consider the increased technological and financial risk of deep water
development and all costs associated with exploring, developing, and
producing from the lease. The lessee shall provide information required
for a complete application to the
Secretary prior to such determination. The Secretary shall clearly define the
information required for a complete application under this section. Such
application may be made on the basis of an individual lease or unit. If the
Secretary determines that such new production would be economic in the absence
of the relief from the requirement to pay royalties provided for by clause (i)
of this subparagraph, the provisions of clause (i) shall not apply to such
production. If the Secretary determines that such new production would not be
economic in the absence of the relief from the requirement to pay royalties
provided for by clause (i), the Secretary must determine the volume of
production from the lease or unit on which no royalties would be due in order to
make such new production economically viable; except that for new production as
defined in clause (iv)(I), in no case will that volume be less than 17.5 million
barrels of oil equivalent in water depths of 200 to 400 meters, 52.5 million
barrels of oil equivalent in 400-800 meters of water, and 87.5 million barrels
of oil equivalent in water depths greater than 800 meters. Redetermination of
the applicability of clause (i) shall be undertaken by the Secretary when
requested by the lessee prior to the commencement of the new production and upon
significant change in the factors upon which the original determination was
made. The Secretary shall make such redetermination within 120 days of
submission of a complete application. The Secretary may extend the time period
for making any determination or redetermination under this clause for 30 days,
or longer if agreed to by the applicant, if circumstances so warrant. The lessee
shall be notified in writing of any determination or redetermination and the
reasons for and assumptions used for such determination. Any determination or
redetermination under this clause shall be a final agency action. The
Secretary's determination or redetermination shall be subject to judicial review
under section 10(a) of the Administrative Procedures Act (5 U.S.C. 702), only
for actions filed within 30 days of the Secretary's determination or
redetermination.
`(iii) In the event that the Secretary fails to make the determination
or redetermination called for in clause (ii) upon application by the
lessee within the time period, together with any extension thereof,
provided for by clause (ii), no royalty payments shall be due on new
production as follows:
`(I) For new production, as defined in clause (iv)(I) of this
subparagraph, no royalty shall be due on such production according to
the schedule of minimum volumes specified in clause (ii) of this
subparagraph.
`(II) For new production, as defined in clause (iv)(II) of this
subparagraph, no royalty shall be due on such production for one year
following the start of such production.
`(iv) For purposes of this subparagraph, the term `new production'
is--
`(I) any production from a lease from which no royalties are due on
production, other than test production, prior to the date of enactment
of the Outer Continental Shelf Deep Water Royalty Relief Act;
or
`(II) any production resulting from lease development activities
pursuant to a Development Operations Coordination Document, or
supplement thereto that would expand production significantly beyond the
level anticipated in the Development Operations Coordination Document,
approved by the Secretary after the date of enactment of the Outer
Continental Shelf Deep Water Royalty Relief Act.
`(v) During the production of volumes determined pursuant to clause
(ii) or (iii) of this subparagraph, in any year during which the
arithmetic average of the closing prices on the New York Mercantile
Exchange for light sweet crude oil exceeds $28.00 per barrel, any
production of oil will be subject to royalties at the lease stipulated
royalty rate. Any production subject to this clause shall be counted
toward the production volume determined pursuant to clause (ii) or (iii).
Estimated royalty payments will be made if such average of the closing
prices for the previous year exceeds $28.00. After the end of the calendar
year, when the new average price can be calculated, lessees will pay any
royalties due, with interest but without penalty, or can apply for a
refund, with interest, of any overpayment.
`(vi) During the production of volumes determined pursuant to clause
(ii) or (iii) of this subparagraph, in any year during which the
arithmetic average of the closing prices on the New York Mercantile
Exchange for natural gas exceeds $3.50 per million British thermal units,
any production of natural gas will be subject to royalties at the lease
stipulated royalty rate. Any production subject to this clause shall be
counted toward the production volume determined pursuant to clause (ii) or
(iii). Estimated royalty payments will be made if such average of the
closing prices for the previous year exceeds $3.50. After the end of the
calendar year, when the new average price can be calculated, lessees will
pay any royalties due, with interest but without penalty, or can apply for
a refund, with interest, of any overpayment.
`(vii) The prices referred to in clauses (v) and (vi) of this
subparagraph shall be changed during any calendar year after 1994 by the
percentage, if any, by which the implicit price deflator for the gross
domestic product changed during the preceding calendar year.'.
(b) Section 8(a)(1)(D) of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(a)(1)(D)) is amended by striking the word `area;' and inserting in lieu
thereof the word `area,' and the following new text: `except in the Arctic
areas of Alaska, where the Secretary is authorized to set the net profit share
at 16 2/3 percent. For purposes of this section, `Arctic areas' means the
Beaufort Sea and Chukchi Sea Planning Areas of Alaska.'.
(c) Section 8(a) of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(a)) is amended by adding a new subparagraph (10) at the end thereof:
`(10) After an oil and gas lease is granted pursuant to any of the
bidding systems of paragraph (1) of this subsection, the Secretary shall
reduce any future royalty or rental obligation of the lessee on any lease
issued by the Secretary (and proposed by the lessee for such reduction) by
an amount equal to--
`(A) 10 percent of the qualified costs of exploratory wells drilled or
geophysical work performed on any lease issued by the Secretary, whichever
is greater, pursuant to this Act in Arctic areas of Alaska; and
`(B) an additional 10 percent of the qualified costs of any such
exploratory wells which are located ten or more miles from another well
drilled for oil and gas.
For purposes of this Act,
`qualified costs' shall mean the costs allocated to the exploratory well or
geophysical work in support of an exploration program pursuant to 26 U.S.C. as
amended; `exploratory well' shall mean either an exploratory well as defined by
the United States Securities and Exchange Commission in 17 CFR 210.4-10(a)(10),
as amended, or a well three or more miles from any oil or gas well or a pipeline
which transports oil or gas to a market or terminal; `geophysical work' shall
mean all geophysical data gathering methods used in hydrocarbon exploration and
includes seismic, gravity, magnetic, and electromagnetic measurements; and all
distances shall be measured in horizontal distance. When a measurement beginning
or ending point is a well, the measurement point shall be the bottom hole
location of that well.'.
SEC. 303. NEW LEASES.
Section 8(a)(1) of the Outer Continental Shelf Lands Act, as amended (43
U.S.C. 1337(a)(1)) is amended--
(1) by redesignating subparagraph (H) as subparagraph (I);
(2) by striking `or' at the end of subparagraph (G); and
(3) by inserting after subparagraph (G) the following new
subparagraph:
`(H) cash bonus bid with royalty at no less than 12 1/2 per centum
fixed by the Secretary in amount or value of production saved, removed, or
sold, and with suspension of royalties for a period, volume, or value of
production determined by the Secretary, which suspensions may vary based
on the price of production from the lease; or'.
SEC. 304. LEASE SALES.
For all tracts located in water depths of 200 meters or greater in the
Western and Central Planning Area of the Gulf of Mexico, including that
portion of the Eastern Planning Area of the Gulf of Mexico encompassing whole
lease blocks lying west of 87 degrees 30 minutes West longitude, any lease
sale within five years of the date of enactment of this part, shall use the
bidding system authorized in section 8(a)(1)(H) of the Outer Continental Shelf
Lands Act, as amended by this part, except that the suspension of royalties
shall be set at a volume of not less than the following:
(1) 17.5 million barrels of oil equivalent for leases in water depths of
200 to 400 meters;
(2) 52.5 million barrels of oil equivalent for leases in 400 to 800
meters of water; and
(3) 87.5 million barrels of oil equivalent for leases in water depths
greater than 800 meters.
SEC. 305. REGULATIONS.
The Secretary shall promulgate such rules and regulations as are necessary
to implement the provisions of this part within 180 days after the enactment
of this Act.
SEC. 306. SAVINGS CLAUSE.
Nothing in this part shall be construed to affect any offshore
pre-leasing, leasing, or development moratorium, including any moratorium
applicable to the Eastern Planning Area of the Gulf of Mexico located off the
Gulf Coast of Florida.
Subtitle B--Oil and Gas Royalties in Kind
SEC. 310. PROGRAM ON OIL AND GAS ROYALTIES IN KIND.
(a) APPLICABILITY OF SECTION- Notwithstanding any other provision of law,
the provisions of this section shall apply to all royalty in kind accepted by
the Secretary of the Interior under any Federal oil or gas lease or permit
under section 36 of the Mineral Leasing Act (30 U.S.C. 192) or section 27 of
the Outer Continental Shelf Lands Act (43 U.S.C. 1353) or any other mineral
leasing law from the date of enactment of this Act through September 30,
2006.
(b) TERMS AND CONDITIONS- All royalty accruing to the United States under
any Federal oil or gas lease or permit under the Mineral Leasing Act (30
U.S.C. 181 et seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331
et seq.) or any other mineral leasing law on demand of the Secretary of the
Interior shall be paid in oil or gas. If the Secretary of the Interior elects
to accept the royalty in kind--
(1) Delivery by, or on behalf of, the lessee of the royalty amount and
quality due at the lease satisfies the lessee's royalty obligation for the
amount delivered, except that transportation and processing reimbursements
paid to, or deductions claimed by, the lessee shall be subject to review and
audit.
(2) Royalty production shall be placed in marketable condition at no
cost to the United States.
(3) The Secretary of the Interior may--
(A) sell or otherwise dispose of any royalty oil or gas taken in kind
for not less than fair market value; and
(B) transport or process any oil or gas royalty taken in
kind.
(4) The Secretary of the Interior may, notwithstanding section 3302 of
title 31, United States Code, retain and use a portion of the revenues from
the sale of oil and gas royalties taken in kind that otherwise would be
deposited to miscellaneous receipts, without regard to fiscal year
limitation, or may use royalty production, to pay the cost of--
(A) transporting the oil or gas,
(B) processing the gas, or
(C) disposing of the oil or gas.
(5) The Secretary may not use revenues from the sale of oil and gas
royalties taken in kind to pay for personnel, travel or other administrative
costs of the Federal Government.
(c) REIMBURSEMENT OF COST- If the lessee, pursuant to an agreement with
the United States or as provided in the lease, processes the gas or delivers
the royalty oil or gas at a point not on or adjacent to the lease area, the
Secretary of the Interior shall reimburse the lessee for the reasonable costs
of transportation (not including gathering) from the lease to the point of
delivery or for processing costs, or, at the discretion of the Secretary of
the Interior, allow the lessee to deduct such transportation or processing
costs in reporting and paying royalties in value for other Federal oil and gas
leases.
(d) BENEFIT TO THE UNITED STATES- The Secretary shall administer any
program taking royalty oil or gas in kind only if the Secretary determines
that the program is providing benefits to the United States greater than or
equal to those which would be realized under a comparable royalty in value
program.
(e) REPORT TO CONGRESS- For every fiscal year, beginning in 2002 through
2006, in which the United States takes oil or gas royalties within any State
or from the Outer Continental Shelf in kind, excluding royalties taken in kind
and sold to refineries under subsection (h) of this section, the Secretary of
the Interior shall provide a report to Congress describing:
(1) the methodology or methodologies used by the Secretary to determine
compliance with subsection (d), including performance standards for
comparing to amounts likely to have been received had royalties been taken
in value;
(2) an explanation of the evaluation that led the Secretary to take
royalties in kind from a lease or group of leases, including the expected
revenue effect of taking royalties in kind;
(3) actual amounts realized from taking royalties in kind, and costs and
savings associated with taking royalties in kind; and
(4) an evaluation of other relevant public benefits or detriments
associated with taking royalties in kind.
(f) DEDUCTION OF EXPENSES-
(1) Prior to making disbursements under section 35 of the Mineral
Leasing Act (30 U.S.C. 191) or section 8(g) of the Outer Continental Shelf
Lands Act (30 U.S.C. 1337(g)) or other applicable provision of law, of
revenues derived from the sale of royalty production taken in kind from a
lease, the Secretary of the Interior shall deduct amounts paid or deducted
under paragraphs (b)(3) and (c), and shall deposit such amounts to
miscellaneous receipts.
(2) If the Secretary of the Interior allows the lessee to deduct
transportation or processing costs under paragraph (c), the Secretary of the
Interior may not reduce any payments to recipients of revenues derived from
any other Federal oil and gas lease as a consequence of that
deduction.
(g) CONSULTATION WITH STATES- The Secretary of the Interior will consult
with a State prior to conducting a royalty in kind program within the State
and may delegate management of any portion of the Federal royalty in kind
program to such State except as otherwise prohibited by Federal law. The
Secretary shall also consult annually with any State from which Federal
royalty oil or gas is being taken in kind to ensure to the maximum extent
practicable that the royalty in kind program provides revenues to the State
greater than or equal to those which would be realized under a comparable
royalty in value program.
(h) PROVISIONS FOR SMALL REFINERIES-
(1) If the Secretary of the Interior determines that sufficient supplies
of crude oil are not available in the open market to refineries not having
their own source of supply for crude oil, the Secretary may grant preference
to such refineries in the sale of any royalty oil accruing or reserved to
the United States under Federal oil and gas leases issued under any mineral
leasing law, for processing or use in such refineries at private sale at not
less than fair market value.
(2) In selling oil under this subsection, the Secretary of the Interior
may at his discretion prorate such oil among such refineries in the area in
which the oil is produced.
(i) DISPOSITION TO FEDERAL AGENCIES-
(1) Any royalty oil or gas taken in kind from onshore oil and gas leases
may be sold at not less than the fair market value to any department or
agency of the United States.
(2) Any royalty oil or gas taken in kind from Federal oil and gas leases
on the Outer Continental Shelf may be disposed of under 43 U.S.C.
1353(a)(3).
Subtitle C--Use of Royalty In Kind Oil To Fill the Strategic Petroleum
Reserve
SEC. 320. USE OF ROYALTY IN KIND OIL TO FILL THE STRATEGIC PETROLEUM
RESERVE.
The Secretary of the Interior shall enter into an agreement with the
Secretary of Energy to transfer title to the Federal share of crude oil
production from Federal lands for use at the discretion of the Secretary of
Energy in filling the Strategic Petroleum Reserve during periods of crude oil
market stability. The Secretary of Energy may also use the Federal share of
crude oil produced from Federal lands for other disposal within the Federal
Government, as he may determine, to carry out the energy policy of the United
States.
Subtitle D--Improvements to Federal Oil and Gas Lease
Management
SEC. 330. SHORT TITLE.
This Part may be cited as the `Federal Oil and Gas Lease Management
Improvement Act of 2000'.
SEC. 331. DEFINITIONS.
(1) APPLICATION FOR A PERMIT TO DRILL- The term `application for a
permit to drill' means a drilling plan including design, mechanical, and
engineering aspects for drilling a well.
(A) IN GENERAL- The term `Federal land' means all land and interests
in land owned by the United States that are subject to the mineral leasing
laws, including mineral resources or mineral estates reserved to the
United States in the conveyance of a surface or non-mineral
estate.
(B) EXCLUSION- The term `Federal land' does not include--
(i) Indian land (as defined in section 3 of the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1702)); or
(ii) submerged land on the Outer Continental Shelf (as defined in
section 2 of the Outer Continental Shelf Lands Act (43 U.S.C.
1331)).
(3) OIL AND GAS CONSERVATION AUTHORITY- The term `oil and gas
conservation authority' means the agency or agencies in each State
responsible for regulating for conservation purposes operations to explore
for and produce oil and natural gas.
(4) PROJECT- The term `project' means an activity by a lessee, an
operator, or an operating rights owner to explore for, develop, produce, or
transport oil or gas resources.
(5) SECRETARY- The term `Secretary' means--
(A) the Secretary of the Interior, with respect to land under the
administrative jurisdiction of the Department of the Interior;
and
(B) the Secretary of Agriculture, with respect to land under the
administrative jurisdiction of the Department of Agriculture.
(6) SURFACE USE PLAN OF OPERATIONS- The term `surface use plan of
operations' means a plan for surface use, disturbance, and
reclamation.
SEC. 332. NO PROPERTY RIGHT.
Nothing in this part gives a State a property right or interest in any
Federal lease or land.
SEC. 333. TRANSFER OF AUTHORITY.
(a) NOTIFICATION- Not before the date that is 180 days after the date of
enactment of this Act, a State may notify the Secretary of its intent to
accept authority for regulation of operations, as described in subparagraphs
(A) through (K) of subsection (b)(2), under oil and gas leases on Federal land
within the State.
(b) TRANSFER OF AUTHORITY-
(1) IN GENERAL- Effective 180 days after the Secretary receives the
State's notice, authority for the regulation of oil and gas leasing
operations is transferred from the Secretary to the State.
(2) AUTHORITY INCLUDED- The authority transferred under paragraph (1)
includes--
(A) processing and approving applications for permits to drill,
subject to surface use agreements and other terms and conditions
determined by the Secretary;
(B) production operations;
(G) conversion of a producing well to a water well;
(H) well abandonment procedures;
(J) enforcement activities; and
(c) RETAINED AUTHORITY- The Secretary shall--
(1) retain authority over the issuance of leases and the approval of
surface use plans of operations and project-level environmental analyses;
and
(2) spend appropriated funds to ensure that timely decisions are made
respecting oil and gas leasing, taking into consideration multiple uses of
Federal land, socioeconomic and environmental impacts, and the results of
consultations with State and local government officials.
SEC. 334. ACTIVITY FOLLOWING TRANSFER OF AUTHORITY.
(a) FEDERAL AGENCIES- Following the transfer of authority, no Federal
agency shall exercise the authority formerly held by the Secretary as to oil
and gas lease operations and related operations on Federal land.
(1) IN GENERAL- Following the transfer of authority, each State shall
enforce its own oil and gas conservation laws and requirements pertaining to
transferred oil and gas lease operations and related operations with due
regard to the national interest in the expedited, environmentally sound
development of oil and gas resources in a manner consistent with oil and gas
conservation principles.
(2) APPEALS- Following a transfer of authority under section 333, an
appeal of any decision made by a State oil and gas conservation authority
shall be made in accordance with State administrative procedures.
(c) PENDING ENFORCEMENT ACTIONS- The Secretary may continue to enforce any
pending actions respecting acts committed before the date on which authority
is transferred to a State under section 333 until those proceedings are
concluded.
(d) PENDING APPLICATIONS-
(1) TRANSFER TO STATE- All applications respecting oil and gas lease
operations and related operations on Federal land pending before the
Secretary on the date on which authority is transferred under section 333
shall be immediately transferred to the oil and gas conservation authority
of the State in which the lease is located.
(2) ACTION BY THE STATE- The oil and gas conservation authority shall
act on the application in accordance with State laws (including regulations)
and requirements.
SEC. 335. COMPENSATION FOR COSTS.
(a) IN GENERAL- Subject to the availability of appropriations, the
Secretary shall compensate any State for costs incurred to carry out the
authorities transferred under section 333.
(b) PAYMENT SCHEDULE- Payments shall be made not less frequently than
every quarter.
(c) COST BREAKDOWN REPORT- Each State seeking compensation shall report to
the Secretary a cost breakdown for the authorities transferred.
SEC. 336. APPLICATIONS.
(a) LIMITATION ON COST RECOVERY- Notwithstanding sections 304 and 504 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1734, 1764) and
section 9701 of Title 31, United States Code, the Secretary shall not recover
the Secretary's costs with respect to applications and other documents
relating to oil and gas leases.
(b) Completion of Planning Documents and Analyses-
(1) IN GENERAL- The Secretary shall complete any resource management
planning documents and analyses not later than 90 days after receiving any
offer, application, or request for which a planning document or analysis is
required to be prepared.
(2) PREPARATION BY APPLICANT OR LESSEE- If the Secretary is unable to
complete the document or analysis within the time prescribed by paragraph
(1), the Secretary shall notify the applicant or lessee of the opportunity
to prepare the required document or analysis for the agency's review and use
in decisionmaking.
(c) REIMBURSEMENT FOR COSTS OF NEPA ANALYSES, DOCUMENTATION, AND STUDIES-
If--
(1) adequate funding to enable the Secretary to timely prepare a
project-level analysis required under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) with respect to an oil or gas lease is not
appropriated; and
(2) the lessee, operator, or operating rights owner voluntarily pays for
the cost of the required analysis, documentation, or related study;
the Secretary shall reimburse the lessee, operator, or operating rights
owner for its costs through royalty credits attributable to the lease, unit
agreement, or project area.
SEC. 337. TIMELY ISSUANCE OF DECISIONS.
(a) IN GENERAL- The Secretary shall ensure the timely issuance of Federal
agency decisions respecting oil and gas leasing and operations on Federal
land.
(1) DEADLINE- The Secretary shall accept or reject an offer to lease not
later than 90 days after the filing of the offer.
(2) FAILURE TO MEET DEADLINE- If an offer is not acted upon within that
time, the offer shall be deemed to have been accepted.
(c) APPLICATION FOR PERMIT TO DRILL-
(1) DEADLINE- The Secretary and a State that has accepted a transfer of
authority under section 610 shall approve or disapprove an application for
permit to drill not later than 30 days after receiving a complete
application.
(2) FAILURE TO MEET DEADLINE- If the application is not acted on within
the time prescribed by paragraph (1), the application shall be deemed to
have been approved.
(d) SURFACE USE PLAN OF OPERATIONS- The Secretary shall approve or
disapprove a surface use plan of operations not later than 30 days after
receipt of a complete plan.
(e) ADMINISTRATIVE APPEALS-
(1) DEADLINE- From the time that a Federal oil and gas lessee or
operator files a notice of administrative appeal of a decision or order of
an officer or employee of the Department of the Interior or the Forest
Service respecting a Federal oil and gas Federal lease, the Secretary shall
have 2 years in which to issue a final decision in the appeal.
(2) FAILURE TO MEET DEADLINE- If no final decision has been issued
within the time prescribed by paragraph (1), the appeal shall be deemed to
have been granted.
SEC. 338. ELIMINATION OF UNWARRANTED DENIALS AND STAYS.
(a) IN GENERAL- The Secretary shall ensure that unwarranted denials and
stays of lease issuance and unwarranted restrictions on lease operations are
eliminated from the administration of oil and gas leasing on Federal land.
(b) LAND DESIGNATED FOR MULTIPLE USE-
(1) IN GENERAL- Land designated as available for multiple use under
Bureau of Land Management resource management plans and Forest Service
leasing analyses shall be available for oil and gas leasing without lease
stipulations more stringent than restrictions on surface use and operations
imposed under the laws (including regulations) of the State oil and gas
conservation authority unless the Secretary includes in the decision
approving the management plan or leasing analysis a written explanation why
more stringent stipulations are warranted.
(2) APPEAL- Any decision to require a more stringent stipulation shall
be administratively appealable and, following a final agency decision, shall
be subject to judicial review.
(c) REJECTION OF OFFER TO LEASE-
(1) IN GENERAL- If the Secretary rejects an offer to lease on the ground
that the land is unavailable for leasing, the Secretary shall provide a
written, detailed explanation of the reasons the land is unavailable for
leasing.
(2) PREVIOUS RESOURCE MANAGEMENT DECISION- If the determination of
unavailability is based on a previous resource management decision, the
explanation shall include a careful assessment of whether the reasons
underlying the previous decision are still persuasive.
(3) SEGREGATION OF AVAILABLE LAND FROM UNAVAILABLE LAND- The Secretary
may not reject an offer to lease land available for leasing on the ground
that the offer includes land unavailable for leasing, and the Secretary
shall segregate available land from unavailable land, on the offeror's
request following notice by the Secretary, before acting on the offer to
lease.
(d) DISAPPROVAL OR REQUIRED MODIFICATION OF SURFACE USE PLANS OF
OPERATIONS AND APPLICATION FOR PERMIT TO DRILL- The Secretary shall provide a
written, detailed explanation of the reasons for disapproving or requiring
modifications of any surface use plan of operations or application for permit
to drill.
(e) EFFECTIVENESS OF DECISION- A decision of the Secretary respecting an
oil and gas lease shall be effective pending administrative appeal to the
appropriate office within the Department of the Interior or the Department of
Agriculture unless that office grants a stay in response to a petition
satisfying the criteria for a stay established by section 4.21(b) of title 43,
Code of Federal Regulations (or any successor regulation).
SEC. 339. REPORTS.
(a) IN GENERAL- Not later than March 31, 2002, the Secretaries shall
jointly submit to the Congress a report explaining the most efficient means of
eliminating overlapping jurisdiction, duplication of effort, and inconsistent
policymaking and policy implementation as between the Bureau of Land
Management and the Forest Service.
(b) RECOMMENDATIONS- The report shall include recommendations on statutory
changes needed to implement the report's conclusions.
Subtitle E--Royalty Reinvestment in America
SEC. 351. ROYALTY INCENTIVE PROGRAM.
(a) IN GENERAL- To encourage exploration and development expenditures on
Federal land and the Outer Continental Shelf for the development of oil and
gas resources when the cash price of West Texas Intermediate crude oil, as
posted on the Dow Jones Commodities Index chart is less than $18 per barrel
for 90 consecutive pricing days or when natural gas prices as delivered at
Henry Hub, Louisiana, are less that $2.30 per million British thermal units
for 90 consecutive days, the Secretary shall allow a credit against the
payment of royalties on Federal oil production and gas production,
respectively, in an amount equal to 20 percent of the capital expenditures
made on exploration and development activities on Federal oil and gas
leases.
(b) NO CREDITING AGAINST ONSHORE FEDERAL ROYALTY OBLIGATIONS- In no case
shall such capital expenditures made on Outer Continental Shelf leases be
credited against onshore Federal royalty obligations.
TITLE IV--NUCLEAR
Subtitle A--Price-Anderson Amendments
SEC. 401. SHORT TITLE.
This Subtitle may be cited as the `Price-Anderson Amendments Act of
2001'.
SEC. 402. INDEMNIFICATION AUTHORITY.
(a) INDEMNIFICATION OF NRC LICENSEES- Section 170 c. of the Atomic Energy
Act of 1954 (42 U.S.C. 2210(c)) is amended by striking `August 1, 2002' each
place it appears and inserting `August 1, 2012'.
(b) INDEMNIFICATION OF DOE CONTRACTORS- Section 170 d.(1)(A) of the Atomic
Energy Act of 1954 (42 U.S.C. 2210(d)(1)(A)) is amended by striking `, until
August 1, 2002,'.
(c) INDEMNIFICATION OF NONPROFIT EDUCATIONAL INSTITUTIONS- Section 170 k.
of the Atomic Energy Act of 1954 (42 U.S.C. 2210(k)) is amended by striking
`August 1, 2002' each place it appears and inserting `August 1, 2012'.
SEC. 403. MAXIMUM ASSESSMENT.
Section 170 b.(1) of the Atomic Energy Act of 1954 (42 U.S.C. 2210(b)(1))
is amended by striking `$10,000,000' and inserting `$20,000,000'.
SEC. 404. DOE LIABILITY LIMIT.
(a) AGGREGATE LIABILITY LIMIT- Section 170 d. of the Atomic Energy Act of
1954 (42 U.S.C. 2210(d)) is amended by striking subsection (2) and inserting
the following:
`(2) In agreements of indemnification entered into under paragraph (1),
the Secretary--
`(A) may require the contractor to provide and maintain financial
protection of such a type and in such amounts as the Secretary shall
determine to be appropriate to cover public liability arising out of or in
connection with the contractual activity, and
`(B) shall indemnify the persons indemnified against such claims above
the amount of the financial protection required, in the amount of
$10,000,000,000 (subject to adjustment for inflation under subsection t.),
in the aggregate, for all persons indemnified in connection with such
contract and for each nuclear incident, including such legal costs of the
contractor as are approved by the Secretary.'.
(b) CONTRACT AMENDMENTS- Section 170 d. of the Atomic Energy Act of 1954
(42 U.S.C. 2210(d)) is further amended by striking subsection (3) and
inserting the following:
`(3) All agreements of indemnification under which the Department of
Energy (or its predecessor agencies) may be required to indemnify any
person, shall be deemed to be amended, on the date of the enactment of the
Price-Anderson Amendments Act of 2001, to reflect the amount of indemnity
for public liability and any applicable financial protection required of the
contractor under this subsection on such date.'.
SEC. 405. INCIDENTS OUTSIDE THE UNITED STATES.
(a) AMOUNT OF INDEMNIFICATION- Section 170 d.(5) of the Atomic Energy Act
of 1954 (42 U.S.C. 2210(d)(5)) is amended by striking `$100,000,000' and
inserting `$500,000,000'.
(b) LIABILITY LIMIT- Section 170 e.(4) of the Atomic Energy Act of 1954
(42 U.S.C. 2210(e)(4)) is amended by striking `$100,000,000' and inserting
`$500,000,000'.
SEC. 406. REPORTS.
Section 170 p. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(p)) is
amended by striking `August 1, 1998' and inserting `August 1, 2008'.
SEC. 407. INFLATION ADJUSTMENT.
Section 170 t. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(t)) is
amended--
(1) by renumbering paragraph (2) as paragraph (3); and
(2) by adding after paragraph (1) the following new paragraph:
`(2) The Secretary shall adjust the amount of indemnification provided
under an agreement of indemnification under subsection d. not less than once
during each 5-year period following the date of the enactment of the
Price-Anderson Amendments Act of 2001, in accordance with the aggregate
percentage change in the Consumer Price Index since--
`(A) such date of enactment, in the case of the first adjustment under
this subsection; or
`(B) the previous adjustment under this subsection.'.
SEC. 408. CIVIL PENALTIES.
(a) REPEAL OF AUTOMATIC REMISSION- Section 234A b.(2) of the Atomic Energy
Act of 1954 (42 U.S.C. 2282a(b)(2)) is amended by striking the last
sentence.
(b) LIMITATION FOR NONPROFIT INSTITUTIONS- Section 234A of the Atomic
Energy Act of 1954 (42 U.S.C. 2282a) is further amended by striking subsection
d. and inserting the following:
`d. Notwithstanding subsection a., no contractor, subcontractor, or
supplier considered to be nonprofit under the Internal Revenue Code of 1954
shall be subject to a civil penalty under this section in excess of the
amount of any performance fee paid by the Secretary to such contractor,
subcontractor, or supplier under the contract under which the violation or
violations; occur.'.
SEC. 409. EFFECTIVE DATE.
(a) IN GENERAL- The amendments made by this subtitle shall become
effective on the date of the enactment of this subtitle.
(b) INDEMNIFICATION PROVISIONS- The amendments made by sections 703, 704,
and 705 shall not apply to any nuclear incident occurring before the date of
the enactment of this subtitle.
(c) CIVIL PENALTY PROVISIONS- The amendments made by section 708 to
section 234A of the Atomic Energy Act of 1954 (42 U.S.C. 2282a(b)(2)) shall
not apply to any violation occurring under a contract entered into before the
date of the enactment of this subtitle.
Subtitle B--Funding From the Department of Energy
SEC. 410. NUCLEAR ENERGY RESEARCH INITIATIVE.
There are authorized to be appropriated $60,000,000 for fiscal year 2002
and such sums as are necessary for each fiscal year thereafter for a Nuclear
Energy Research Initiative to be managed by the Director of the Office of
Nuclear Energy, for grants to be competitively awarded and subject to peer
review for research relating to nuclear energy. The Secretary of Energy shall
submit to the Committee on Science and the Committee on Appropriations in the
House of Representatives, and to the Committee on Energy and Natural Resources
and the Committee on Appropriations of the Senate, an annual report on the
activities of the Nuclear Energy Research Initiative.
SEC. 411. NUCLEAR ENERGY PLANT OPTIMIZATION PROGRAM.
There are authorized to be appropriated $10,000,000 for fiscal year 2002
and such sums as are necessary for each fiscal year thereafter for a Nuclear
Energy Plant Optimization Program to be managed by the Director of the Office
of Nuclear Energy, for a joint program with industry cost-shared by at least
50 percent and subject to annual review by the Secretary of Energy's Nuclear
Energy Research
Advisory Council. The Secretary of Energy shall submit to the Committee on
Science and the Committee on Appropriations in the House of Representatives, and
to the Committee on Energy and Natural Resources and the Committee on
Appropriations of the Senate, an annual report on the activities of the Nuclear
Energy Plant Optimization Program.
SEC. 412. NUCLEAR ENERGY TECHNOLOGY DEVELOPMENT PROGRAM.
There are authorized to be appropriated $25,000,000 for fiscal year 2002
and such sums as are necessary for each fiscal year thereafter for a Nuclear
Energy Technology Development Program to be managed by the Director of the
Office of Nuclear Energy, for a roadmap to design and develop a new nuclear
energy facility in the United States and subject to annual review by the
Secretary of Energy's Nuclear Energy Research Advisory Council. The Secretary
of Energy shall submit to the Committee on Science and the Committee on
Appropriations in the House of Representatives, and to the Committee on Energy
and Natural Resources and the Committee on Appropriations of the Senate, an
annual report on the activities of the Nuclear Technology Development
Program.
Subtitle C--Grants for Incentive Payments for Capital Improvements To
Increase Efficiency
SEC. 420. NUCLEAR ENERGY PRODUCTION INCENTIVES.
(a) INCENTIVE PAYMENTS- For electric energy generated and sold by an
existing nuclear energy facility during the incentive period, the Secretary of
Energy shall make, subject to the availability of appropriations, incentive
payments to the owner or operator of such facility. The amount of such payment
made to any such owner or operator shall be as determined under subsection (e)
of this section. Payments under this section may only be made upon receipt by
the Secretary of an incentive payment application, which establishes that the
applicant is eligible to receive such payment and which satisfies such other
requirements as the Secretary deems necessary. Such application shall be in
such form, and shall be submitted at such time, as the Secretary shall
establish.
(b) DEFINITIONS- For purposes of this section:
(1) QUALIFIED NUCLEAR ENERGY FACILITY- The term `qualified nuclear
energy facility' means an existing reactor used to generate electricity for
sale.
(2) EXISTING REACTOR- The term `existing reactor' means any nuclear
reactor the construction of which was completed and licensed by the Nuclear
Regulatory Commission before the date of enactment of this section.
(c) INCENTIVE PERIOD- A qualified nuclear energy facility may receive
payments under this section for a period of 15 years (referred to in this
section as the `incentive period').
(1) Payments made by the Secretary under this section to the owner or
operator of a nuclear energy facility shall be based on the increased volume
of kilowatt hours of electricity generated by the qualified nuclear energy
facility during the incentive period. The amount of such payment shall be 1
mill for each kilowatt-hour produced in excess of the total generation
produced over the most recent calendar year prior to the first fiscal year
in which payment is sought. Such payment is subject to the availability of
appropriations under subsection (g), except that no facility may receive
more than $2,000,000 in one calendar year.
(2) The amount of the payment made to any person under this section as
provided in paragraph (1) shall be adjusted for inflation for each fiscal
year beginning after calendar year 2001 in the same manner as provided in
the provisions of section 29(d)(2)(B) of the Internal Revenue Code of 1986,
except that in applying such provisions, the calendar year 2001 shall be
substituted for the calendar year 1979.
(e) SUNSET- No payment may be made under this section to any nuclear
energy facility after the expiration of the period of 20 fiscal years
beginning with fiscal year 2001, and no payment may be made under this section
to any such facility after a payment has been made with respect to such
facility for a period of 15 fiscal years.
(f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to the Secretary to carry out the purposes of this section
$50,000,000 for each of the fiscal years 2001 through 2015.
SEC. 421. NUCLEAR ENERGY EFFICIENCY IMPROVEMENT.
(a) INCENTIVE PAYMENTS- The Secretary of Energy shall make incentive
payments to the owners or operators of qualified nuclear energy facilities to
be used to make capital improvements in the facilities that are directly
related to improving the electrical output efficiency of such facilities by at
least 1 percent.
(1) Incentive payments under this section shall not exceed 10 percent of
the costs of the capital improvement concerned and not more than one payment
may be made with respect to improvements at a single facility.
(2) No payments in excess of $1,000,000 may be made with respect to
improvements at a single facility.
(3) Payments may be made by the Department or used by a facility to
offset the costs of NRC permitting fees for a capital improvement.
(4) Payments made by the Department to the Nuclear Regulatory Commission
for permitting an improvement that can impact multiple facilities are not
subject to the limitation in (b)(2).
(c) AUTHORIZATION- There is authorized to be appropriated to carry out
this section not more than $20,000,000 in each fiscal year after the fiscal
year 2001.
TITLE V--ARCTIC COASTAL PLAIN DOMESTIC ENERGY SECURITY ACT OF
2001
SEC. 501. SHORT TITLE.
This title may be cited as the `Arctic Coastal Plain Domestic Energy
Security Act of 2001'.
SEC. 502. DEFINITIONS.
When used in this title the term--
(1) `1002 Area' means that area identified as `Coastal Plain' in the map
entitled `Arctic National Wildlife Refuge', dated August 1980, as referenced
in section 1002(b) of the Alaska National Interest Lands Conservation Act of
1980 (16 U.S.C. 3142(b)(1)) comprising approximately 1,549,000 acres;
and
(2) `Secretary', except as otherwise provided, means the Secretary of
the Interior or the Secretary's designee.
SEC. 503. LEASING PROGRAM FOR LANDS WITHIN THE ANWR 1002 AREA.
(a) AUTHORIZATION- The Congress hereby authorizes and directs the
Secretary, acting through the Bureau of Land Management in consultation with
the Fish and Wildlife Service and other appropriate Federal offices and
agencies, to take such actions as are necessary to establish and implement a
competitive oil and gas leasing program that will result in an environmentally
sound program for the exploration, development, and production of the oil and
gas resources of the 1002 Area and to administer the provisions of this title
through regulations, lease terms, conditions, restrictions, prohibitions,
stipulations and other provisions that ensure the oil and gas exploration,
development, and production activities on the 1002 Area will result in no
significant adverse effect on fish and wildlife, their habitat, subsistence
resources, and the environment, and shall require the application of the best
commercially available technology for oil and gas exploration, development,
and production, on all new exploration, development, and production
operations, and whenever practicable, on existing operations, and in a manner
to ensure the receipt of fair market value by the public for the mineral
resources to be leased.
(b) REPEAL- The prohibitions and limitations contained in section 1003 of
the Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 3143)
are hereby repealed.
(c) COMPATIBILITY- Congress hereby determines that the oil and gas leasing
program and activities authorized by this section in the 1002 Area are
compatible with the purposes for which the Arctic National Wildlife Refuge was
established, and that no further findings or decisions are required to
implement this determination.
(d) SOLE AUTHORITY- This title shall be the sole authority for leasing on
the 1002 Area: Provided, That nothing in this title shall be deemed
to expand or limit State and local regulatory authority.
(e) FEDERAL LAND- The 1002 Area shall be considered `Federal land' for the
purposes of the Federal Oil and Gas Royalty Management Act of 1982.
(f) SPECIAL AREAS- The Secretary, after consultation with the State of
Alaska, City of Kaktovik, and the North Slope Borough, is authorized to
designate up to a total of 45,000 acres of the 1002 Area as Special Areas and
close such areas to leasing if the Secretary determines that these Special
Areas are of such unique character and interest so as to require special
management and regulatory protection. The Secretary may, however, permit
leasing of all or portions of any Special Areas within the 1002 Area by
setting lease terms that limit or condition surface use and occupancy by
lessees of such lands but permit the use of horizontal drilling technology
from sites on leases located outside the designated Special Areas.
(g) LIMITATION ON CLOSED AREAS- The Secretary's sole authority to close
lands within the 1002 Area to oil and gas leasing and to exploration,
development, and production is that set forth in this title.
(h) CONVEYANCE- In order to maximize Federal revenues by removing clouds
on title of lands and clarifying land ownership patterns within the 1002 Area,
the Secretary, notwithstanding the provisions of section 1302(h)(2) of the
Alaska National Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), is
authorized and directed to convey (1) to the Kaktovik Inupiat Corporation the
surface estate of the lands described in paragraph 2 of Public Land Order
6959, to the extent necessary to fulfill the Corporation's entitlement under
section 12 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611), and
(2) to the Arctic Slope Regional Corporation the subsurface estate beneath
such surface estate pursuant to the August 9, 1983, agreement between the
Arctic Slope Regional Corporation and the United States of America.
SEC. 504. RULES AND REGULATIONS.
(a) PROMULGATION- The Secretary shall prescribe such rules and regulations
as may be necessary to carry out the purposes and provisions of this title,
including rules and regulations relating to protection of the fish and
wildlife, their habitat, subsistence resources, and the environment of the
1002 Area. Such rules and regulations shall be promulgated no later than
fourteen months after the date of enactment of this title and shall, as of
their effective date, apply to all operations conducted under a lease issued
or maintained under the provisions of this title and all operations on the
1002 Area related to the leasing, exploration, development and production of
oil and gas.
(b) REVISION OF REGULATIONS- The Secretary shall periodically review and,
if appropriate, revise the rules and regulations issued under subsection (a)
of this section to reflect any significant biological, environmental, or
engineering data which come to the Secretary's attention.
SEC. 505 ADEQUACY OF THE DEPARTMENT OF THE INTERIOR'S LEGISLATIVE
ENVIRONMENTAL IMPACT STATEMENT.
The `Final Legislative Environmental Impact Statement' (April 1987)
prepared pursuant to section 1002 of the Alaska National Interest Lands
Conservation Act of 1980 (16 U.S.C. 3142) and section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is hereby
found by the Congress to be adequate to satisfy the legal and procedural
requirements of the National Environmental Policy Act of 1969 with respect to
actions authorized to be taken by the Secretary to develop and promulgate the
regulations for the establishment of the leasing program authorized by this
title, to conduct the first lease sale and any subsequent lease sale
authorized by this title, and to grant rights-of-way and easements to carry
out the purposes of this title.
SEC. 506. LEASE SALES.
(a) LEASE SALES- Lands may be leased pursuant to the provisions of this
title to any person qualified to obtain a lease for deposits of oil and gas
under the Mineral Leasing Act, as amended (30 U.S.C. 181).
(b) PROCEDURES- The Secretary shall, by regulation, establish procedures
for--
(1) receipt and consideration of sealed nominations for any area in the
1002 Area for inclusion in, or exclusion (as provided in subsection (c))
from, a lease sale; and
(2) public notice of and comment on designation of areas to be included
in, or excluded from, a lease sale.
(c) Lease Sales on 1002 Area- The Secretary shall, by regulation, provide
for lease sales of lands on the 1002 Area. When lease sales are to be held,
they shall occur after the nomination process provided for in subsection (b)
of this section. For the first lease sale, the Secretary shall offer for lease
those acres receiving the greatest number of nominations, but no less than two
hundred thousand acres and no more than three hundred thousand acres shall be
offered. If the total acreage nominated is less than two hundred thousand
acres, the Secretary shall include in such sales any other acreage which he
believes has the highest resource potential, but in no event shall more than
three hundred thousand acres be offered in such sale. With respect to
subsequent lease sales, the Secretary shall offer for lease no less than two
hundred thousand acres of the 1002 Area. The initial lease sale shall be held
within twenty months of the date of enactment of this title. The second lease
sale shall be held no later than twenty-four months after the initial sale, with
additional sales conducted no later than twelve months thereafter so long as
sufficient interest in development exists to warrant, in the Secretary's
judgment, the conduct of such sales.
SEC. 507. GRANT OF LEASES BY THE SECRETARY.
(a) IN GENERAL- The Secretary is authorized to grant to the highest
responsible qualified bidder by sealed competitive cash bonus bid any lands to
be leased on the 1002 Area upon payment by the lessee of such bonus as may be
accepted by the Secretary and of such royalty as may be fixed in the lease,
which shall be not less than 12 1/2 per centum in amount or value of the
production removed or sold from the lease.
(b) ANTITRUST REVIEW- Following each notice of a proposed lease sale and
before the acceptance of bids and the issuance of leases based on such bids,
the Secretary shall allow the Attorney General, in consultation with the
Federal Trade Commission, thirty days to perform an antitrust review of the
results of such lease sale on the likely effects the issuance of such leases
would have on competition and the Attorney General shall advise the Secretary
with respect to such review, including any recommendation for the
nonacceptance of any bid or the imposition of terms or conditions on any
lease, as may be appropriate to prevent any situation inconsistent with the
antitrust laws.
(c) SUBSEQUENT TRANSFERS- No lease issued under this title may be sold,
exchanged, assigned, sublet, or otherwise transferred except with the approval
of the Secretary. Prior to any such approval the Secretary shall consult with,
and give due consideration to the views of, the Attorney General.
(d) IMMUNITY- Nothing in this title shall be deemed to convey to any
person, association, corporation, or other business organization immunity from
civil or criminal liability, or to create defenses to actions, under any
antitrust law.
(e) DEFINITIONS- As used in this section, the term--
(1) `antitrust review' shall be deemed an `antitrust investigation' for
the purposes of the Antitrust Civil Process Act (15 U.S.C. 1311); and
(2) `antitrust laws' means those Acts set forth in section 1 of the
Clayton Act (15 U.S.C. 12) as amended.
SEC. 508. LEASE TERMS AND CONDITIONS.
An oil or gas lease issued pursuant to this title shall--
(1) be for a tract consisting of a compact area not to exceed five
thousand seven hundred sixty acres, or nine surveyed or protracted sections
which shall be as compact in form as possible;
(2) be for an initial period of ten years and shall be extended for so
long thereafter as oil or gas is produced in paying quantities from the
lease or unit area to which the lease is committed or for so long as
drilling or reworking operations, as approved by the Secretary, are
conducted on the lease or unit area;
(3) require the payment of royalty as provided for in section 507 of
this title;
(4) require that exploration activities pursuant to any lease issued or
maintained under this title shall be conducted in accordance with an
exploration plan or a revision of such plan approved by the Secretary;
(5) require that all development and production pursuant to a lease
issued or maintained pursuant to this title shall be conducted in accordance
with development and production plans approved by the Secretary;
(6) require posting of bond as required by section 509 of this
title;
(7) provide that the Secretary may close, on a seasonal basis, portions
of the 1002 Area to exploratory drilling activities as necessary to protect
caribou calving areas and other species of fish and wildlife;
(8) contain such provisions relating to rental and other fees as the
Secretary may prescribe at the time of offering the area for lease;
(9) provide that the Secretary may direct or assent to the suspension of
operations and production under any lease granted under the terms of this
title in the interest of conservation of the resource or where there is no
available system to transport the resource. If such a suspension is directed
or assented to by the Secretary, any payment of rental prescribed by such
lease shall be suspended during such period of suspension of operations and
production, and the term of the lease shall be extended by adding any such
suspension period thereto;
(10) provide that whenever the owner of a nonproducing lease fails to
comply with any of the provisions of this Act, or of any applicable
provision of Federal or State environmental law, or of the lease, or of any
regulation issued under this title, such lease may be canceled by the
Secretary if such default continues for more than thirty days after mailing
of notice by registered letter to the lease owner at the lease owner's post
office address of record;
(11) provide that whenever the owner of any producing lease fails to
comply with any of the provisions of this title, or of any applicable
provision of Federal or State environmental law, or of the lease, or of any
regulation issued under this title, such lease may be forfeited and canceled
by any appropriate proceeding brought by the Secretary in any United States
district court having jurisdiction under the provisions of this title;
(12) provide that cancellation of a lease under this title shall in no
way release the owner of the lease from the obligation to provide for
reclamation of the lease site;
(13) allow the lessee, at the discretion of the Secretary, to make
written relinquishment of all rights under any lease issued pursuant to this
title. The Secretary shall accept such relinquishment by the lessee of any
lease issued under this title where there has not been surface disturbance
on the lands covered by the lease;
(14) provide that for the purpose of conserving the natural resources of
any oil or gas pool, field, or like area, or any part thereof, and in order
to avoid the unnecessary duplication of facilities, to protect the
environment of the 1002 Area, and to protect correlative rights, the
Secretary shall require that, to the greatest extent practicable, lessees
unite with each other in collectively adopting and operating under a
cooperative or unit plan of development for operation of such pool, field,
or like area, or any part thereof, and the Secretary is also authorized and
directed to enter into such agreements as are necessary or appropriate for
the protection of the United States against drainage;
(15) require that the holder of a lease or leases on lands within the
1002 Area shall be fully responsible and liable for the reclamation of those
lands within and any other Federal lands adversely affected in connection
with exploration, development, production or transportation activities on a
lease within the 1002 Area by the holder of a lease or as a result of
activities conducted on the lease by any of the leaseholder's subcontractors
or agents;
(16) provide that the holder of a lease may not delegate or convey, by
contract or otherwise, the reclamation responsibility and liability to
another party without the express written approval of the Secretary;
(17) provide that the standard of reclamation for lands required to be
reclaimed under this title be, as nearly as practicable, a condition capable
of supporting the uses which the lands were capable of supporting prior to
any exploration, development, or production activities, or upon application
by the lessee, to a higher or better use as approved by the Secretary;
(18) contain the terms and conditions relating to protection of fish and
wildlife, their habitat, and the environment, as required by section 503(a)
of this title;
(19) provide that the holder of a lease, its agents, and contractors use
best efforts to provide a fair share, as determined by the level of
obligation previously agreed to in the 1974 agreement implementing section
29 of the Federal Agreement and Grant of Right of Way for the Operation of
the Trans-Alaska Pipeline, of employment and contracting for Alaska Natives
and Alaska Native Corporations from throughout the State;
(20) require project agreements to the extent feasible that will ensure
productivity and consistency recognizing a national interest in both labor
stability and the ability of construction labor and management to meet the
particular needs and conditions of projects to be developed under leases
issued pursuant to this Act; and
(21) contain such other provisions as the Secretary determines necessary
to ensure compliance with the provisions of this title and the regulations
issued under this title.
SEC. 509. BONDING REQUIREMENTS TO ENSURE FINANCIAL RESPONSIBILITY OF LESSEE
AND AVOID FEDERAL LIABILITY.
(a) REQUIREMENT- The Secretary shall, by rule or regulation, establish
such standards as may be necessary to ensure that an adequate bond, surety, or
other financial arrangement will be established prior to the commencement of
surface disturbing activities on any lease, to ensure the complete and timely
reclamation of the lease tract, and the restoration of any lands or surface
waters adversely affected by lease operations after the abandonment or
cessation of oil and gas operations on the lease. Such bond, surety, or
financial arrangement is in addition to, and not in lieu of, any bond, surety,
or financial arrangement required by any other regulatory authority or
required by any other provision of law.
(b) AMOUNT- The bond, surety, or financial arrangement shall be in an
amount--
(1) to be determined by the Secretary to provide for reclamation of the
lease site in accordance with an approved or revised exploration or
development and production plan; plus
(2) set by the Secretary consistent with the type of operations
proposed, to provide the means for rapid and effective cleanup, and to
minimize damages resulting from an oil spill, the escape of gas, refuse,
domestic wastewaster, hazardous or toxic substances, or fire caused by oil
and gas activities.
(c) ADJUSTMENT- In the event that an approved exploration or development
and production plan is revised, the Secretary may adjust the amount of the
bond, surety, or other financial arrangement to conform to such modified
plan.
(d) DURATION- The responsibility and liability of the lessee and its
surety under the bond, surety, or other financial arrangement shall continue
until such time as the Secretary determines that there has been compliance
with the terms and conditions of the lease and all applicable laws.
(e) TERMINATION- Within sixty days after determining that there has been
compliance with the terms and conditions of the lease and all applicable laws,
the Secretary, after consultation with affected Federal and State agencies,
shall notify the lessee that the period of liability under the bond, surety,
or other financial arrangement has been terminated.
SEC. 510. OIL AND GAS INFORMATION.
(a) IN GENERAL- (1) Any lessee or permittee conducting any exploration
for, or development or production of, oil or gas pursuant to this title shall
provide the Secretary access to all data and information from any lease
granted pursuant to this title (including processed and analyzed) obtained
from such activity and shall provide copies of such data and information as
the Secretary may request. Such data and information shall be provided in
accordance with regulations which the Secretary shall prescribe.
(2) If processed and analyzed information provided pursuant to paragraph
(1) is provided in good faith by the lessee or permittee, such lessee or
permittee shall not be responsible for any consequence of the use or of
reliance upon such processed and analyzed information.
(3) Whenever any data or information is provided to the Secretary,
pursuant to paragraph (1)--
(A) by a lessee or permittee, in the form and manner of processing which
is utilized by such lessee or permittee in the normal conduct of business,
the Secretary shall pay the reasonable cost of reproducing such data and
information; or
(B) by a lessee or permittee, in such other form and manner of
processing as the Secretary may request, the Secretary shall pay the
reasonable cost of processing and reproducing such data and
information.
(b) REGULATIONS- The Secretary shall prescribe regulations to:
(1) assure that the confidentiality of privileged or proprietary
information received by the Secretary under this section will be maintained;
and
(2) set forth the time periods and conditions which shall be applicable
to the release of such information.
SEC. 511. EXPEDITED JUDICIAL REVIEW.
(a) Any complaint seeking judicial review of any provision in this title,
or any other action of the Secretary under this title may be filed in any
appropriate district court of the United States, and such complaint must be
filed within ninety days from the date of the action being challenged, or
after such date if such complaint is based solely on grounds arising after
such ninetieth day, in which case the complaint must be filed within ninety
days after the complainant knew or reasonably should have known of the grounds
for the complaint: Provided, That any complaint seeking judicial
review of an action of the Secretary in promulgating any regulation
under this title may be filed only in the United States Court of Appeals for
the District of Columbia.
(b) Actions of the Secretary with respect to which review could have been
obtained under this section shall not be subject to judicial review in any
civil or criminal proceeding for enforcement.
SEC. 512. RIGHTS-OF-WAY ACROSS THE 1002 AREA.
Notwithstanding title XI of the Alaska National Interest Lands
Conservation Act of 1980 (16 U.S.C. 3161 et seq.), the Secretary is authorized
and directed to grant, in accordance with the provisions of section 28(c)
through (t) and (v) through (y) of the Mineral Leasing Act of 1920 (30 U.S.C.
185), rights-of-way and easements across the 1002 Area for the transportation
of oil and gas under such terms and conditions as may be necessary so as not
to result in a significant adverse effect on the fish and wildlife,
subsistence resources, their habitat, and the environment of the 1002 Area.
Such terms and conditions shall include requirements that facilities be sited
or modified so as to avoid unnecessary duplication of roads and pipelines. The
regulations issued as required by section 504 of this title shall include
provisions granting rights-of-way and easements across the 1002 area.
SEC. 513. ENFORCEMENT OF SAFETY AND ENVIRONMENTAL REGULATIONS TO ENSURE
COMPLIANCE WITH TERMS AND CONDITIONS OF LEASE.
(a) RESPONSIBILITY OF THE SECRETARY- The Secretary shall diligently
enforce all regulations, lease terms, conditions, restrictions, prohibitions,
and stipulations promulgated pursuant to this title.
(b) RESPONSIBILITY OF HOLDERS OF LEASE- It shall be the responsibility of
any holder of a lease under this title to--
(1) maintain all operations within such lease area in compliance with
regulations intended to protect persons and property on, and fish and
wildlife, their habitat, subsistence resources, and the environment of, the
1002 Area; and
(2) allow prompt access at the site of any operations subject to
regulation under this title to any appropriate Federal or State inspector,
and to provide such documents and records which are pertinent to
occupational or public health, safety, or environmental protection, and may
be requested.
(c) ON-SITE INSPECTION- The Secretary shall promulgate regulations to
provide for--
(1) scheduled onsite inspection by the Secretary, at least twice a year,
of each facility on the 1002 Area which is subject to any environmental or
safety regulation promulgated pursuant to this title or conditions contained
in any lease issued pursuant to this title to assure compliance with such
environmental or safety regulations or conditions; and
(2) periodic onsite inspection by the Secretary at least once a year
without advance notice to the operator of such facility to assure compliance
with all environmental or safety regulations.
SEC. 514. NEW REVENUES.
(a) DEPOSIT INTO TREASURY- Notwithstanding any other provision of law, all
revenues received by the Federal Government from competitive bids, sales,
bonuses, royalties, rents, fees, or interest derived from the leasing of oil
and gas within the 1002 Area shall be deposited into the Treasury of the
United States, solely as provided in this section. The Secretary of the
Treasury shall pay to the State of Alaska the same percentage of such revenues
as is set forth under the heading `EXPLORATION OF NATIONAL PETROLEUM RESERVE
IN ALASKA' in Public Law 96-514 (94 Stat. 2957, 2964) semiannually to the
State of Alaska, on March 30 and September 30 of each year and shall deposit
the balance of all such revenues as miscellaneous receipts in the Treasury.
Notwithstanding any other provision of law, the Secretary of the Treasury
shall monitor the total revenue deposited into the Treasury as miscellaneous
receipts from oil and gas leases issued under the authority of this subtitle
and shall deposit amounts received as bonus bids into a special fund
established in the Treasury of the United States known as the Renewable Energy
Research and Development Fund (in this section referred to as the `Renewable
Energy Fund').
(b) USE OF RENEWABLE ENERGY FUND- Of the amounts in the Renewable Energy
Fund, an amount equal to ten percent of the total deposits shall be made
available to the Secretary of Energy, without further appropriation, at the
beginning of each fiscal year in which amounts are available, and may be
expended by the Secretary of Energy for research and development of renewable
domestic energy resources of wind, solar, biomass, geothermal and
hydroelectric. Such amounts shall remain available until expended and shall be
in addition to funds appropriated in the preceding fiscal year to the
Secretary of Energy for renewable energy research, development and
demonstration programs authorized by section 103 of the Energy Reorganization
Act of 1974 (42 U.S.C. 5813). The Secretary of Energy shall develop procedures
for the use of the Renewable Energy Fund that ensure accountability and
demonstrated results. Beginning the first full fiscal year after deposits are
made into the Renewable Energy Fund, the Secretary of Energy shall submit an
annual report to the Committee on Energy and Natural Resources of the United
States Senate and the appropriate Committees of the United States House of
Representatives detailing the use of any expenditures.
TITLE VI--ENERGY EFFICIENCY, CONSERVATION, AND ASSISTANCE TO LOW-INCOME
FAMILIES
SEC. 601. EXTENSION OF LOW INCOME HOME ENERGY ASSISTANCE PROGRAM.
(a) AUTHORIZATION OF APPROPRIATIONS- Section 2602(b) of the Omnibus Budget
Reconciliation Act of 1981 (42 U.S.C. 8621), is amended by striking `such sums
as may be necessary for each of fiscal years 2000 and 2001, and $2,000,000,000
for each of fiscal years 2002 through 2004' and inserting `$3,000,000,000 for
each of fiscal years 2000 through 2010'.
(b) PAYMENTS TO STATES- Section 2602(d)(2) of the Omnibus Budget
Reconciliation Act of 1981 (42 U.S.C. 8621) is amended by striking `2004' and
inserting `2010'.
(c) EMERGENCY FUNDS- Section 2602(e) of the Omnibus Budget Reconciliation
Act of 1981 (42 U.S.C. 8621), is amended by striking `$600,000,000' and
inserting `$1,000,000,000'.
SEC. 602. ENERGY EFFICIENT SCHOOLS PROGRAM.
(a) ESTABLISHMENT- There is established in the Department of Energy the
Energy Efficient Schools Program (hereafter in this section referred to as the
`Program').
(b) IN GENERAL- The Secretary of Energy may, through the Program, make
grants to--
(1) be provided to school districts to implement the purpose of this
section;
(2) administer the program of assistance to school districts pursuant to
this section; and,
(3) promote participation by school districts in the program established
by this section.
(c) GRANTS TO ASSIST SCHOOL DISTRICTS- Grants under paragraph (b)(1) shall
be used to achieve energy efficiency performance not less than 30 percent
beyond the levels prescribed in the 1998 International Energy Conservation
Code as it is in effect for new construction and existing buildings. Grants
under such subsection shall be made to school districts that have--
(1) demonstrated a need for such grants in order to respond
appropriately to increasing elementary and secondary school enrollments or
to make major investments in renovation of school facilities;
(2) demonstrated that the districts do not have adequate funds to
respond appropriately to such enrollments or achieve such investments
without assistance; and
(3) made a commitment to use the grant funds to develop energy efficient
school buildings in accordance with the plan developed and approved pursuant
to paragraph (e)(1).
(1) GRANTS FOR ADMINISTRATION- Grants under paragraph (b)(2) shall be
used to evaluate compliance by school districts with the requirements of
this section and in addition may be used for--
(A) distributing information and materials to clearly define and
promote the development of energy efficient school buildings for both new
and existing facilities;
(B) organizing and conducting programs for school board members,
school district personnel, architects, engineers, and others to advance
the concepts of energy efficient school buildings;
(C) obtaining technical services and assistance in planning and
designing energy efficient school buildings; and
(D) collecting and monitoring data and information pertaining to the
energy efficient school building projects.
(2) GRANTS TO PROMOTE PARTICIPATION- Grants under paragraph (b)(3) may
be used for promotional and marketing activities, including facilitating
private and public financing, promoting the use of energy service companies,
working with school administrations, students, and communities, and
coordinating public benefit programs.
(1) PLANS- Grants under subsection (b) shall be provided only to school
districts that, in consultation with State offices of energy and education,
have developed plans that the State energy office determines to be feasible
and appropriate in order to achieve the purposes for which such grants were
made.
(2) SUPPLEMENTING GRANT FUNDS- The State agency referred to in paragraph
(1) shall encourage qualifying school districts to supplement their grant
funds with funds from other sources in the implementation of their
plans.
(1) IN GENERAL- Except as provided in subsection (c), funds appropriated
for the implementation of this section shall be provided to State energy
offices to administer the program of assistance to school districts under
this section.
(g) PURPOSES- Except as provided in subsection (c), funds appropriated
under this section shall be allocated as follows:
(1) Seventy percent shall be used to make grants under paragraph
(b)(1).
(2) Fifteen percent shall be used to make grants under paragraph
(b)(2).
(3) Fifteen percent shall be used to make grants under paragraph
(b)(3).
(h) OTHER FUNDS- The Secretary of Energy may, through the Program
established under subsection (a), retain an amount, not exceed $300,000 per
year, to assist State energy offices in coordinating and implementing such
Program. Such funds may be used to develop reference materials to further
define the principles and criteria to achieve energy efficient school
buildings.
(i) AUTHORIZATION OF APPROPRIATIONS- For this section, there are
authorized to be appropriated $200,000,000 for each of fiscal years 2002
through 2005, and such sums as may be necessary for each of fiscal years 2006
through 2011.
(1) ELEMENTARY AND SECONDARY SCHOOL- The terms `elementary school' and
`secondary school' shall have the same meaning given such terms in
paragraphs (14) and (25) of section 14101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801(14),(25)).
(2) ENERGY EFFICIENT SCHOOL BUILDING- The term `energy efficient school
building' refers to a school building which, in its design, construction,
operation, and maintenance maximizes use of renewable energy and efficient
energy practices, is cost-effective on a life-cycle basis, uses affordable,
environmentally preferable, durable materials, enhances indoor environmental
quality, protects and conserves water, and optimizes site potential.
(3) RENEWABLE ENERGY- The term `renewable energy' means energy produced
by solar, wind, geothermal, hydroelectric power, and biomass power.
SEC. 603. AMENDMENTS TO WEATHERIZATION ASSISTANCE PROGRAM.
(a) ELIGIBILITY- Section 412 of the Energy Conservation and Production Act
(42 U.S.C. 6862) is amended by--
(1) in definition (7)(A), striking `125' and inserting `150', and
(2) in definition (7)(C), striking `125' and inserting `150'.
(b) AUTHORIZATION OF APPROPRIATIONS- Section 422(a) of the Energy
Conservation and Production Act (42 U.S.C. 6872) is amended by--
(1) striking `$200,000,000' and inserting `$250,000,000';
(2) striking `1991' and inserting `2002, $325,000,000 for fiscal year
2003, $400,000,000 for fiscal year 2004, $500,000,000 for fiscal year 2005';
and
(3) striking `1992, 1993 and 1994' and inserting `for each fiscal year
thereafter'.
SEC. 604. AMENDMENTS TO STATE ENERGY PROGRAM.
(a) STATE ENERGY CONSERVATION PLANS- Section 362 of the Energy Policy and
Conservation Act (42 U.S.C. 6322) is amended by--
(1) redesignating subsection (f) as subsection (g), and
(2) inserting after subsection (e) the following new subsection
(f)--
`(f) The Secretary shall, at least once every three years, invite the
Governor of each State to review and, if necessary, revise the energy
conservation plan of such State submitted under section 362(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 by--
(1) striking `October 1, 1991' and inserting `January 1, 2001',
(2) striking `10' and inserting `25', and
(3) striking `2000' and inserting `2010'.
(c) AUTHORIZATION OF APPROPRIATIONS- Section 365(f)(1) of the Energy
Policy and Conservation Act (42 U.S.C. 6325) is amended by--
(2) striking the period and inserting `$75,000,000 for fiscal year 2002,
$100,000,000 for fiscal years 2003 and 2004, $125,000,000 for fiscal year
2005 and such sums as are necessary for each fiscal year thereafter.'.
SEC. 605. ENHANCEMENT AND EXTENSION OF AUTHORITY RELATING TO FEDERAL ENERGY
SAVINGS PERFORMANCE CONTRACTS.
(a) ENERGY SAVINGS THROUGH CONSTRUCTION OF REPLACEMENT FACILITIES- Section
804 of the National Energy Conservation Policy Act (42 U.S.C. 8287c) is
amended--
(A) by redesignating subparagraphs (A) and (B) as clauses (i) and
(ii), respectively;
(B) by inserting `(A)' and `(2)'; and
(C) by adding at the end the following new subparagraph:
`(B) The term `energy savings' also means a reduction in the cost of
energy, from such a base cost established through a methodology set forth
in the contract, that would otherwise be utilized in one or more existing
federally owned buildings or other federally owned facilities by reason of
the construction and operation of one or more new buildings or
facilities.'; and
(2) in paragraph (3), by inserting after the first sentence of the
following new sentence: `The terms also mean a contract that provides for
energy savings through the construction and/or operation of one or more new
buildings or facilities.'.
(b) COST SAVINGS FROM OPERATION AND MAINTENANCE EFFICIENCIES IN
REPLACEMENT FACILITIES- Section 801(a) of the National Energy Conservation
Policy Act (42 U.S.C. 8287(a)) is amended by adding at the end the following
new paragraph:
`(3)(A) In the case of an energy savings contract or energy savings
performance contract providing for energy savings through the construction
and operation of one or more buildings or facilities to replace one or more
existing buildings or facilities, benefits ancillary to the purpose of such
contract under paragraph (1) may include savings resulting from reduced
costs of operation and maintenance at new and/or additional buildings or
facilities, from a base cost of operation and maintenance established
through a methodology set forth in the contract.
`(B) Notwithstanding paragraph (2)(B), aggregate annual payments by an
agency under an energy savings contract or energy savings performance
contract referred to in subparagraph (A) may take into account (through the
procedures developed pursuant to this section) savings resulting from
reduced costs of operation and maintenance as described in that
subparagraph.'.
(c) FIVE-YEAR EXTENSION OF AUTHORITY- Section 801(c) of the National
Energy Conservation Policy Act (42 U.S.C. 8287(c)) is amended by striking
`October 1, 2003' and inserting `October 1, 2008'.
(d) UTILITY INCENTIVE PROGRAMS- Section 546 of the National Energy
Conservation Policy Act (42 U.S.C. 8256(c)) is amended by--
(1) in paragraph (3) by adding at the end the following two new
sentences: `Such a utility incentive program may include a contract or
contract term designed to provide for cost-effective electricity demand
management, energy efficiency, and/or water conservation. Notwithstanding
section 201(a)(3) of 63 Stat. 383 (40 U.S.C. 481(a)(3)), such contracts or
contract terms may be made for periods not exceeding 25 years.'.
(2) by adding at the end the following new paragraph:
`(6) A utility incentive program may include a contract or contract term
for a reduction in the cost of energy, from a base cost established through
a methodology set forth in such a contract, that would otherwise be utilized
in one or more federally owned buildings or other federally owned facilities
by reason of the construction and/or operation of one or more buildings or
facilities, as well as benefits ancillary to the purpose of such contract or
contract term, including savings resulting from reduced costs of operation
and maintenance at new and/or additional buildings or facilities when
compared with the costs of operation and maintenance at existing buildings or
facilities.'.
SEC. 606. FEDERAL ENERGY EFFICIENCY REQUIREMENT.
(a) IN GENERAL- Through cost-effective measures, each agency shall reduce
energy consumption per gross square foot of its facilities by 30 percent by
2010 and 50 percent by 2020 relative to 1990.
(b) IMPLEMENTATION PLAN- Not later than one year after date of enactment
of this section, each agency shall develop and submit to Congress and the
President an implementation plan for fulfilling the requirements of this
section.
(1) IN GENERAL- Each agency shall measure and report annually to
Congress and the President its progress in meeting the requirements of this
section.
(2) GUIDELINES- The Secretary of Energy, in consultation with the
Administrator of the Energy Information Administration, shall develop and
issue guidelines for agencies' preparation of their annual report, including
guidance on how to measure energy consumption in federal facilities.
(d) EXEMPTION OF CERTAIN FACILITIES- A facility may be deemed exempt when
the Secretary determines that compliance with the Energy Policy Act of 1992 is
not practical for that particular facility. No later than one year from date
of enactment, the Secretary shall, in consultation with the Administrator of
the Energy Information Administration, set guidelines for agencies to use in
excluding certain kinds of facilities to meet the requirements of this
section.
(e) APPLICABILITY- The Department of Defense (DOD) is subject to this
order only to the extent that it does not impair or adversely affect military
operations and training (including tactical aircraft, ships, weapons systems,
combat training, and border security).
(f) DEFINITIONS- For the purposes of this section.
(1) `agency' means an executive agency as defined in 5 U.S.C. 105.
Military departments, as defined in 5 U.S.C. 102, are covered under the
auspices of the Department of Defense.
(2) `facility' means any individual building or collection of buildings,
grounds, or structure, as well as any fixture or part thereof, including the
associated energy or water-consuming support systems, which is constructed,
renovated, or purchased in whole or in part for use by the Federal
Government. It includes leased facilities where the Federal Government has a
purchase option or facilities planned for purchase. In any provision of this
order, the term `facility' also includes any building 100 percent leased for
use by the Federal Government where the Federal Government pays directly or
indirectly for the utility costs associated with its leased space, and
Government-owned contractor-operated facilities.
SEC. 607. ENERGY EFFICIENCY SCIENCE INITIATIVE.
There are authorized to be appropriated $25,000,000 for fiscal year 2001
and such sums as are necessary for each fiscal year thereafter, but not to
exceed $50,000,000 in any fiscal year, for an Energy Efficiency Science
Initiative to be managed by the Assistant Secretary for Energy Efficiency and
Renewable Energy in consultation with the Director of the Office of Science,
for grants to be competitively awarded and subject to peer review for research
relating to energy efficiency. The Secretary of Energy shall submit to the
Committee on Science and the Committee on Appropriations of the United States
House of Representatives, and to the Committee on Energy and Natural Resources
and the Committee on Appropriations of the United States Senate, an annual
report on the activities of the Energy Efficiency Science Initiative,
including a description of the process used to award the funds and an
explanation of how the research relates to energy efficiency.
TITLE VII--ALTERNATIVE FUELS AND RENEWABLE ENERGY
Subtitle A--Alternative Fuels
SEC. 701. EXCEPTION TO HOV PASSENGER REQUIREMENTS FOR ALTERNATIVE FUEL
VEHICLES.
Section 102(a) of title 23, United States Code, is amended by inserting
`(unless, at the discretion of the State highway department, the vehicle
operates on, or is fueled by, an alternative fuel (as defined in section 301
of Public Law 102-486 (42 U.S.C. 13211(2)))' after `required'.
SEC. 702. ALTERNATIVE FUEL VEHICLE CREDITS FOR INSTALLATION OF QUALIFYING
INFRASTRUCTURE.
Section 508 of the Energy Policy Act of 1992 (42 U.S.C. 13258) is amended
by adding the following at the end:
`(e) CREDIT FOR ACQUISITION OR INSTALLATION OF QUALIFYING INFRASTRUCTURE-
The Secretary shall allocate an infrastructure credit to a fleet or covered
person that is required to acquire an alternative fueled vehicle under this
title, or to a Federal fleet as defined by section 303(b)(3) of Title III of
this Act, for the acquisition or installation of the fuel or the needed
infrastructure, including the supply and delivery systems, necessary to
operate or maintain the alternative fueled vehicle. Such necessary
infrastructure shall include, but is not limited to, the following:
`(A) equipment required to refuel or recharge the alternative fueled
vehicle;
`(B) facilities or equipment required to maintain, repair or operate the
alternative fueled vehicle;
`(C) training programs, educational materials or other activities
necessary to provide information regarding the operation, maintenance or
benefits associated with the alternative fueled vehicle; and
`(D) such other activity as the Secretary deems an appropriate
expenditure in support of the operation, maintenance or further wide spread
adoption or utilization of the alternative fueled vehicle.
`(f) QUALIFYING INFRASTRUCTURE CREDIT- The term `infrastructure credit'
shall mean--
`(A) that equipment or activity defined in subsection (e) above;
and
`(B) be equivalent in cost to the acquisition of an alternative fueled
vehicle for which the expenditure on the infrastructure is made.
`(g) LIMITATION ON NUMBER OF INFRASTRUCTURE CREDITS ISSUED- Each fleet or
covered person that is required to acquire an alternative fueled vehicle under
this
title, or each Federal fleet as defined by section 303(b)(3) of title III of
this Act, shall be limited in the number of infrastructure credits that may be
acquired and used to meet the alternative fueled vehicle requirements of this
Act to no more than the equivalent of one half of the alternative fueled
vehicles required per annum.'.
SEC. 703. STATE AND LOCAL GOVERNMENT USE OF FEDERAL ALTERNATIVE FUEL
REFUELING FACILITIES.
Section 304 of the Energy Policy Act of 1992 (42 U.S.C. 13213) is amended
by adding the following at the end:
`(c) STATE AND LOCAL GOVERNMENT OWNED VEHICLES- Federal agencies may
include any alternative fuel vehicles owned by States or local governments in
any commercial arrangements for the purpose of fueling Federal alternative
fueled vehicles as authorized under subsection (a) of this section. The
Secretary may allocate equivalent infrastructure credits to a Federal fleet as
defined by section 303(b)(3) of title III of this Act, for the inclusion of
such vehicles in any such commercial fueling arrangements.'.
SEC. 704. FEDERAL FLEET FUEL ECONOMY AND USE OF ALTERNATIVE FUELS.
(a) FUEL ECONOMY- Through cost-effective measures, each agency shall
increase the average EPA fuel economy rating of passenger cars and light
trucks acquired by at least 3 miles per gallon (mpg) by the end of fiscal year
2005 compared to acquisitions in fiscal year 2000.
(b) USE OF ALTERNATIVE FUELS- Through cost-effective measures, each agency
shall, by the end of fiscal year 2005, use alternative fuels for at least 50
percent of the total annual volume of fuel used by the agency. No more than 25
percent of fuel purchased by State and local governments at federally-owned
refueling facilities as described under section 403 may be included by an
agency in meeting the requirement of this section.
(c) IMPLEMENTATION PLAN- No later than one year after date of enactment of
this section, each agency shall develop and submit to Congress and the
President an implementation plan for fulfilling the requirements of this
section. Each agency should develop an implementation plan that meets its
unique fleet configuration and fleet requirements.
(1) IN GENERAL- Each agency shall measure and report annually to
Congress and the President its progress in meeting the requirements of this
section.
(2) GUIDELINES- The Secretary of Energy, through the Federal Energy
Management Program and in consultation with the Administrator of the Energy
Information Administration, shall develop and issue guidelines for agencies'
preparation of their annual report, including guidance on how to measure
fuel economy for the collection and annual reporting of data to demonstrate
compliance with the requirements of this section.
(e) APPLICABILITY- This order applies to each federal agency operating 20
or more motor vehicles within the United States.
(f) EXEMPTION OF CERTAIN VEHICLES- Department of Defense military tactical
vehicles are exempt from this order. Law enforcement, emergency, and any other
vehicle class or type determined by the Secretary, in consultation with the
Federal Energy Management Program, are exempted from the requirements of this
section. No later than one year from date of enactment, the Secretary shall,
in consultation with the Federal Energy Management Program, set guidelines for
agencies to use in the determination of exemptions.
(g) DEFINITIONS- For the purposes of this section--
(1) `agency' means an executive agency as defined in 5 U.S.C. 105.
Military departments, as defined in 5 U.S.C. 102, are covered under the
auspices of the Department of Defense.
(2) `alternative fuel' means any fuel defined as an alternative fuel
pursuant to section 301 of the Energy Policy Act of 1992 (Public Law
102-486).
(h) CONFORMING AMENDMENTS- Section 400AA of the Energy Policy and
Conservation Act (42 U.S.C. 6374) is amended as follows:
(1) in subsection (a)(3)(E), insert the following sentence at the end,
`Except that, no later than fiscal year 2005 at least 50 percent of the
total annual volume of fuel used must be from alternative fuels.', and
(2) in subsection (g)(4)(B), after the words, `solely on alternative
fuel', insert the words `, including a three wheeled enclosed electric
vehicle having a VIN number'.
SEC. 705. LOCAL GOVERNMENT GRANT PROGRAM.
(a) ESTABLISHMENT- Within one year of date of enactment of this section,
the Secretary of Energy shall establish a program for making grants to local
governments for covering the incremental cost of qualified alternative fuel
motor vehicles.
(b) CRITERIA- In deciding to whom grants shall be made under this
subsection, the Secretary of Energy shall consider the goal of assisting the
greatest number of applicants, provided that no grant award shall exceed
$1,000,000.
(c) PRIORITIES- Priority shall be given under this section to those local
government fleets where the use of alternative fuels would have a significant
beneficial effect on energy security and the environment.
(d) QUALIFIED ALTERNATIVE FUEL MOTOR VEHICLE DEFINED- For purposes of this
section, the term `qualified motor vehicle' means any motor vehicle which is
capable of operating only on an alternative fuel.
(e) INCREMENTAL COST- For purposes of this section, the incremental cost
of any qualified alternative fuel motor vehicle is equal to the amount of the
excess of the manufacturer's suggested retail price for such vehicle over such
price for a gasoline or diesel motor vehicle of the same model.
(f) AUTHORIZATION OF APPROPRIATIONS- For the purposes of this section,
there are authorized to be appropriated $100,000,000 annually for each of the
fiscal years 2002 through 2006.
Subtitle B--Renewable Energy
SEC. 710. RESIDENTIAL RENEWABLE ENERGY GRANT PROGRAM.
(a) IN GENERAL- The Secretary of Energy shall develop and implement a
grant program that to offset a portion of the total cost of certain eligible
residential renewable energy systems.
(b) ELIGIBILITY- Grants may be awarded for any of the following:
(1) new installation of an eligible residential renewable energy system
for an existing dwelling unit,
(2) purchase of an existing dwelling unit with an eligible residential
renewable energy system that was installed prior to the date of enactment of
this section,
(3) addition to or augmentation of an existing eligible residential
renewable energy system installed on a dwelling unit prior to the date of
enactment of this section, provided that any such addition or augmentation
results in additional electricity, heat, or other useful energy, or
(4) construction of a new home or rental property which includes an
eligible residential renewable energy system.
(1) IN GENERAL- For purposes of this section, `total cost' means
expenditure of funds for the following:
(A) any equipment whose primary purpose is to provide for the
collection, conversion, transfer, distribution, storage or control of
electricity or heat generated from renewable energy,
(B) installation charges,
(C) labor costs properly allocable to the onsite preparation,
assembly, or original installation of the system, and
(D) piping or wiring to interconnect such system to the dwelling
unit.
(2) LEASED SYSTEMS- In the case of a system that is leased, `total cost'
means the principle recovery portion of all lease payments scheduled to be
made during the full term of the lease, excluding interest charges and
maintenance expenses.
(3) EXISTING SYSTEMS- In the case of addition to or augmentation of an
existing system, `total cost' shall include only those expenditures related
to the incremental cost of the addition or augmentation, and not the full
cost of the system.
(d) COST BUY-DOWN- Grants provided under this section shall not exceed
$3,000 per eligible residential renewable energy system, and shall be limited
further as follows:
(1) For fiscal years 2002 and 2003, grants provided under this section
shall be limited to the smaller of--
(A) 50 percent of the total cost of the energy system, or
(B) $3.00 per watt of system electricity output or
equivalent.
(2) For fiscal years 2004 and 2005, grants provided under this section
shall be limited to the smaller of--
(A) 40 percent of the total cost of the energy system, or
(B) $2.50 per watt of system electricity output.
(3) For fiscal years 2006 and 2007, grants provided under this section
shall be limited to the smaller of--
(A) 30 percent of the total cost of the energy system, or
(B) $2.00 per watt of system electricity output.
(4) For fiscal years 2008 and 2009, grants provided under this section
shall be limited to the smaller of--
(A) 20 percent of the total cost of the energy system, or
(B) $1.50 per watt of system electricity output.
(5) For fiscal years 2010 and 2011, grants provided under this section
shall be limited to the smaller of--
(A) 10 percent of the total cost of the energy system, or
(B) $1.00 per watt of system electricity output.
(e) LIMITATIONS- No grant shall be allowed under this section for an
eligible residential renewable energy system unless--
(1) such expenditure is made for property installed on or in connection
with a dwelling unit which is located in the United States and which is used
as a residence,
(2) in the case of solar water heating equipment, such equipment is
certified for performance and safety by the non-profit Solar Rating
Certification Corporation or a comparable entity endorsed by the government
of the State in which such property is installed, and
(3) such system meets appropriate fire and electric code
requirements.
(f) DEFINITIONS- For purposes of this section-
(1) RENEWABLE ENERGY SYSTEM- The term `renewable energy system' means
property that uses any of the following renewable energy forms to create
electricity, heat, or other forms of useful energy:
(2) SOLAR PANELS- No expenditure relating to a solar panel or other
property installed as a roof (or portion thereof) shall fail to be treated
as property described in paragraph (1) solely because it constitutes a
structural component of the structure on which it is installed.
(3) ENERGY STORAGE MEDIUM- Expenditures which are properly allocable to
a swimming pool, hot tub, or any other energy storage medium which has a
function other than the function of such storage shall not be taken into
account for purposes of this section.
(g) SPECIAL RULES- For purposes of this section--
(1) TENANT-STOCKHOLDER IN COOPERATIVE HOUSING CORPORATION- In the case
of an individual who is a tenant-stockholder (as defined in 26 U.S.C. 216)
in a cooperative housing corporation (as defined in such section), such
individual shall be treated as having made his tenant-stockholder's
proportionate share (as defined in 26 U.S.C. 216(b)(3)) of any expenditures
of such corporation.
(A) IN GENERAL- In the case of an individual who is a member of a
condominium management association with respect to a condominium which he
owns, such individual shall be treated as having made his proportionate
share of any expenditures of such association.
(B) CONDOMINIUM MANAGEMENT ASSOCIATION- For purposes of this
paragraph, the term `condominium management association' means an
organization which meets the requirements of paragraph (1) of 26 U.S.C.
528(c) (other than subparagraph (E) thereof) with respect to a condominium
project substantially all of the units of which are used as
residences.
(3) RENEWABLE ENERGY SYSTEMS FOR MULTIPLE DWELLINGS-
(A) IN GENERAL- Any expenditure otherwise qualifying as an expenditure
described in paragraph (1) of subsection (c) shall not be treated as
failing to so qualify merely because such expenditure was made with
respect to 2 or more dwelling units.
(B) LIMITS APPLIED SEPARATELY- In the case of any expenditure
described in subparagraph (A), the amount of the grant available under
subsection (d) shall be computed separately with respect to the amount of
the expenditure made for each dwelling unit.
(h) ANNUAL REPORT- The Secretary shall submit to Congress and the
President an annual report on grants distributed pursuant to this section. The
report shall include, at minimum, the following:
(1) a summary of the eligible residential renewable energy systems
receiving grants in the year just concluded,
(2) an estimate of new renewable energy generation installed as a result
of grants awarded, and its distribution by renewable energy source and
geographic location,
(3) evidence that the program is contributing to declining costs for
renewable energy technologies, and
(4) description of the methods used to award such grants.
(i) AUTHORIZATION OF APPROPRIATIONS- For the purposes of this section,
there are authorized to be appropriated $30,000,000 for fiscal 2002 and such
sums as are necessary for each fiscal year thereafter, but not to exceed
$150,000,000 in any fiscal year.
SEC. 711. ASSESSMENT OF RENEWABLE ENERGY RESOURCES.
(a) IN GENERAL- No later than twelve months after the date of enactment of
this section, the Secretary of Energy shall submit to the Congress an
assessment of all renewable energy resources available within the United
States.
(b) RESOURCE ASSESSMENT- Such report shall include a detailed inventory
describing the available amount and characteristics of solar, wind, biomass,
geothermal, hydroelectric and other renewable energy sources, and an estimate
of the costs needed to develop each resource. The report shall also include
such other information as the Secretary of Energy believes would be useful in
siting renewable energy generation, such as appropriate terrain, population
and load centers, nearby energy infrastructure, and location of energy and
water resources.
(c) AVAILABILITY- The information and cost estimates in this report shall
be updated annually and made available to the public, along with the data used
to create the report.
(d) AUTHORIZATION OF APPROPRIATIONS- For the purposes of carrying out this
section, there are authorized to be appropriated $10,000,000 for fiscal years
2002 through 2006.
Subtitle C--Hydroelectric Licensing Reform
SEC. 721. SHORT TITLE.
This Act may be cited as the `Hydroelectric Licensing Process Improvement
Act of 2001'.
SEC. 722. FINDINGS.
(1) hydroelectric power is an irreplaceable source of clean, economic,
renewable energy with the unique capability of supporting reliable electric
service while maintaining environmental quality;
(2) hydroelectric power is the leading renewable energy resource of the
United States;
(3) hydroelectric power projects provide multiple benefits to the United
States, including recreation, irrigation, flood control, water supply, and
fish and wildlife benefits;
(4) in the next 15 years, the bulk of all non-Federal hydroelectric
power capacity in the United States is due to be relicensed by the Federal
Energy Regulatory Commission;
(5) the process of licensing hydroelectric projects by the
Commission--
(A) does not produce optimal decisions, because the agencies that
participate in the process are not required to consider the full effects
of their mandatory and recommended conditions on a license;
(B) is inefficient, in part because agencies do not always submit
their mandatory and recommended conditions by a time certain;
(C) is burdened by uncoordinated environmental reviews and duplicative
permitting authority; and
(D) is burdensome for all participants and too often results in
litigation; and
(6) while the alternative licensing procedures available to applicants
for hydroelectric project licenses provide important opportunities for the
collaborative resolution of many of the issues in hydroelectric project
licensing, those procedures are not appropriate in every case and cannot
substitute for statutory reforms of the hydroelectric licensing
process.
SEC. 723. PURPOSE.
The purpose of this Act is to achieve the objective of relicensing
hydroelectric power projects to maintain high environmental standards while
preserving low cost
power by--
(1) requiring agencies to consider the full effects of their mandatory
and recommended conditions on a hydroelectric power license and to document
the consideration of a broad range of factors;
(2) requiring the Federal Energy Regulatory Commission to impose
deadlines by which Federal agencies must submit proposed mandatory and
recommended conditions to a license; and
(3) making other improvements in the licensing process.
SEC. 724. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS TO
LICENSES.
(a) IN GENERAL- Part I of the Federal Power Act (16 U.S.C. 791a et seq.)
is amended by adding at the end the following:
`SEC. 32. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS TO
LICENSES.
`(a) DEFINITIONS- In this section:
`(1) CONDITION- The term `condition' means--
`(A) a condition to a license or a project on a Federal reservation
determined by a consulting agency for the purpose of the first proviso of
section 4(e); and
`(B) a prescription relating to the construction, maintenance, or
operation of a fishway determined by a consulting agency for the purpose
of the first sentence of section 18.
`(2) CONSULTING AGENCY- The term `consulting agency' means--
`(A) in relation to a condition described in paragraph (1)(A), the
Federal agency with responsibility for supervising the reservation;
and
`(B) in relation to a condition described in paragraph (1)(B), the
Secretary of the Interior or the Secretary of Commerce, as
appropriate.
`(b) Factors To Be Considered-
`(1) IN GENERAL- In determining a condition, a consulting agency shall
take into consideration--
`(A) the impacts of the condition on--
`(i) economic and power values;
`(ii) electric generation capacity and system
reliability;
`(iii) air quality (including consideration of the impacts on
greenhouse gas emissions); and
`(iv) drinking, flood control, irrigation, navigation, or recreation
water supply;
`(B) compatibility with other conditions to be included in the
license, including mandatory conditions of other agencies, when available;
and
`(C) means to ensure that the condition addresses only direct project
environmental impacts, and does so at the lowest project cost.
`(A) IN GENERAL- In the course of the consideration of factors under
paragraph (1) and before any review under subsection (e), a consulting
agency shall create written documentation detailing, among other pertinent
matters, all proposals made, comments received, facts considered, and
analyses made regarding each of those factors sufficient to demonstrate
that each of the factors was given full consideration in determining the
condition to be submitted to the Commission.
`(B) SUBMISSION TO THE COMMISSION- A consulting agency shall include
the documentation under subparagraph (A) in its submission of a condition
to the Commission.
`(1) IN GENERAL- Each condition determined by a consulting agency shall
be subjected to appropriately substantiated scientific review.
`(2) DATA- For the purpose of paragraph (1), a condition shall be
considered to have been subjected to appropriately substantiated scientific
review if the review--
`(A) was based on current empirical data or field-tested data;
and
`(B) was subjected to peer review.
`(d) RELATIONSHIP TO IMPACTS ON FEDERAL RESERVATION- In the case of a
condition for the purpose of the first proviso of section 4(e), each condition
determined by a consulting agency shall be directly and reasonably related to
the impacts of the project within the Federal reservation.
`(e) Administrative Review-
`(1) OPPORTUNITY FOR REVIEW- Before submitting to the Commission a
proposed condition, and at least 90 days before a license applicant is
required to file a license application with the Commission, a consulting
agency shall provide the proposed condition to the license applicant and
offer the license applicant an opportunity to obtain expedited review before
an administrative law judge or other independent reviewing body of--
`(A) the reasonableness of the proposed condition in light of the
effect that implementation of the condition will have on the energy and
economic values of a project; and
`(B) compliance by the consulting agency with the requirements of this
section, including the requirement to consider the factors described in
subsection (b)(1).
`(2) COMPLETION OF REVIEW-
`(A) IN GENERAL- A review under paragraph (1) shall be completed not
more than 180 days after the license applicant notifies the consulting
agency of the request for review.
`(B) FAILURE TO MAKE TIMELY COMPLETION OF REVIEW- If review of a
proposed condition is not completed within the time specified by
subparagraph (A), the Commission may treat a condition submitted by the
consulting agency as a recommendation is treated under section
10(j).
`(3) REMAND- If the administrative law judge or reviewing body finds
that a proposed condition is unreasonable or that the consulting agency
failed to comply with any of the requirements of this section, the
administrative law judge or reviewing body shall--
`(A) render a decision that--
`(i) explains the reasons for a finding that the condition is
unreasonable and may make recommendations that the administrative law
judge or reviewing body may have for the formulation of a condition that
would not be found unreasonable; or
`(ii) explains the reasons for a finding that a requirement was not
met and may describe any action that the consulting agency should take
to meet the requirement; and
`(B) remand the matter to the consulting agency for further
action.
`(4) SUBMISSION TO THE COMMISSION- Following administrative review under
this subsection, a consulting agency shall--
`(A) take such action as is necessary to--
`(i) withdraw the condition;
`(ii) formulate a condition that follows the recommendation of the
administrative law judge or reviewing body; or
`(iii) otherwise comply with this section; and
`(B) include with its submission to the Commission of a proposed
condition--
`(i) the record on administrative review; and
`(ii) documentation of any action taken following administrative
review.
`(f) Submission of Final Condition-
`(1) IN GENERAL- After an applicant files with the Commission an
application for a license, the Commission shall set a date by which a
consulting agency shall submit to the Commission a final condition.
`(2) LIMITATION- Except as provided in paragraph (3), the date for
submission of a final condition shall be not later than 1 year after the
date on which the Commission gives the consulting agency notice that a
license application is ready for environmental review.
`(3) DEFAULT- If a consulting agency does not submit a final condition
to a license by the date set under paragraph (1)--
`(A) the consulting agency shall not thereafter have authority to
recommend or establish a condition to the license; and
`(B) the Commission may, but shall not be required to, recommend or
establish an appropriate condition to the license that--
`(i) furthers the interest sought to be protected by the provision
of law that authorizes the consulting agency to propose or establish a
condition to the license; and
`(ii) conforms to the requirements of this Act.
`(4) EXTENSION- The Commission may make 1 extension, of not more than 30
days, of a deadline set under paragraph (1).
`(g) Analysis by the Commission-
`(1) ECONOMIC ANALYSIS- The Commission shall conduct an economic
analysis of each condition submitted by a consulting agency to determine
whether the condition would render the project uneconomic.
`(2) CONSISTENCY WITH THIS SECTION- In exercising authority under
section 10(j)(2), the Commission shall consider whether any recommendation
submitted under section 10(j)(1) is consistent with the purposes and
requirements of subsections (b) and (c) of this section.
`(h) COMMISSION DETERMINATION ON EFFECT OF CONDITIONS- When requested by a
license applicant in a request for rehearing, the Commission shall make a
written determination on whether a condition submitted by a consulting
agency--
`(1) is in the public interest, as measured by the impact of the
condition on the factors described in subsection (b)(1);
`(2) was subjected to scientific review in accordance with subsection
(c);
`(3) relates to direct project impacts within the reservation, in the
case of a condition for the first proviso of section 4(e);
`(5) is supported by substantial evidence; and
`(6) is consistent with this Act and other terms and conditions to be
included in the license.'.
(b) Conforming and Technical Amendments-
(1) SECTION 4- Section 4(e) of the Federal Power Act (16 U.S.C. 797(e))
is amended--
(A) in the first proviso of the first sentence by inserting after
`conditions' the following: `, determined in accordance with section 32,';
and
(B) in the last sentence, by striking the period and inserting
`(including consideration of the impacts on greenhouse gas
emissions)'.
(2) SECTION 18- Section 18 of the Federal Power Act (16 U.S.C. 811) is
amended in the first sentence by striking `prescribed by the Secretary of
Commerce' and inserting `prescribed, in accordance with section 32, by the
Secretary of the Interior or the Secretary of Commerce, as
appropriate.'
SEC. 725. COORDINATED ENVIRONMENTAL REVIEW PROCESS.
Part I of the Federal Power Act (16 U.S.C. 791a et seq.) (as amended by
section 4) is amended by adding at the end the following:
`SEC. 33. COORDINATED ENVIRONMENTAL REVIEW PROCESS.
`(a) LEAD AGENCY RESPONSIBILITY- The Commission, as the lead agency for
environmental reviews under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) for projects licensed under this part, shall conduct a
single consolidated environmental review--
`(1) for each such project; or
`(2) if appropriate, for multiple projects located in the same
area.
`(b) CONSULTING AGENCIES- In connection with the formulation of a
condition in accordance with section 32, a consulting agency shall not perform
any environmental review in addition to any environmental review performed by
the Commission in connection with the action to which the condition
relates.
`(1) IN GENERAL- The Commission shall set a deadline for the submission
of comments by Federal, State, and local government agencies in connection
with the preparation of any environmental impact statement or environmental
assessment required for a project.
`(2) CONSIDERATIONS- In setting a deadline under paragraph (1), the
Commission shall take into consideration--
`(A) the need of the license applicant for a prompt and reasonable
decision;
`(B) the resources of interested Federal, State, and local government
agencies; and
`(C) applicable statutory requirements.'.
SEC. 726. STUDY OF SMALL HYDROELECTRIC PROJECTS.
(a) IN GENERAL- Not later than 18 months after the date of enactment of
this Act, the Federal Energy Regulatory Commission shall submit to the
Committee on Energy and Natural Resources of the Senate and the Committee on
Commerce of the House of Representatives a study of the feasibility of
establishing a separate licensing procedure for small hydroelectric
projects.
(b) DEFINITION OF SMALL HYDROELECTRIC PROJECT- The Commission may by
regulation define the term `small hydroelectric project' for the purpose of
subsection (a), except that the term shall include at a minimum a
hydroelectric project that has a generating capacity of 5 megawatts or
less.
TITLE VIII--ELECTRIC SUPPLY RELIABILITY; PURPA REPEAL; PUHCA
REPEAL
Subtitle A--Electric Energy Transmission Reliability
SEC. 801. SHORT TITLE.
The subtitle may be cited as the `National Electric Reliability Act'.
SEC. 802. ELECTRIC ENERGY TRANSMISSION RELIABILITY.
(a) Electric Reliability Organization and Oversight-
(1) IN GENERAL- The Federal Power Act is amended by adding the following
new section after section 214:
`SEC. 215. ELECTRIC RELIABILITY ORGANIZATION AND OVERSIGHT.
`(a) DEFINITIONS- As used in this section:
`(1) AFFILIATED REGIONAL RELIABILITY ENTITY- The term `affiliated
regional reliability entity' means an entity delegated authority under the
provisions of subsection (h).
`(2) BULK POWER SYSTEM- The term `bulk power system' means all
facilities and control systems necessary for operating an interconnected
transmission grid (or any portion thereof), including high-voltage
transmission lines; substations; control centers; communications; data, and
operations planning facilities; and the output of generating units necessary
to maintain transmission system reliability.
`(3) ELECTRIC RELIABILITY ORGANIZATION, OR ORGANIZATION- The term
`Electric Reliability Organization' or `Organization' means the organization
approved by the Commission under subsection (d)(4).
`(4) ENTITY RULE- The term `entity rule' means a rule adopted by an
affiliated regional reliability entity for a specific region and designed to
implement or enforce one or more Organization Standards. An entity rule
shall be approved by the organization and once approved, shall be treated as
an Organization Standard.
`(5) INDUSTRY SECTOR- The term `industry sector' means a group of users
of the bulk power system with substantially similar commercial interests, as
determined by the Board of the Electric Reliability Organization.
`(6) INTERCONNECTION- The term `interconnection' means a geographic area
in which the operation of bulk power system components is synchronized such
that the failure of one or more such components may adversely affect the
ability of the operators of other components within the interconnection to
maintain safe and reliable operation of the facilities within their
control.
`(7) ORGANIZATION STANDARD- The term `Organization Standard' means a
policy or standard duly adopted by the Electric Reliability Organization to
provide for the reliable operation of a bulk power system.
`(8) PUBLIC INTEREST GROUP- The term `public interest group' means any
nonprofit private or public organization that has an interest in the
activities of the Electric Reliability Organization, including, but
not
limited to, ratepayer advocates, environmental groups, and State and local
government organizations that regulate market participants and promulgate
government policy.
`(9) VARIANCE- The term `variance' means an exception or variance from
the requirements of an Organization Standard (including a proposal for an
Organization Standard where there is no Organization Standard) that is
adopted by an affiliated regional reliability entity and applicable to all
or a part of the region for which the affiliated regional reliability entity
is responsible. A variance shall be approved by the organization and once
approved, shall be treated as an Organization Standard.
`(10) SYSTEM OPERATOR- The term `system operator' means any entity that
operates or is responsible for the operation of a bulk power system,
including but not limited to a control area operator, an independent system
operator, a regional transmission organization, a transmission company, a
transmission system operator, or a regional security coordinator.
`(11) USER OF THE BULK POWER SYSTEM- The term `user of the bulk power
system' means any entity that sells, purchases, or transmits electric power
over a bulk power system, or that owns, operates, or maintains facilities or
control systems that are part of a bulk power system, or that is a system
operator.
`(b) COMMISSION AUTHORITY-
`(1) Within the United States, the Commission shall have jurisdiciton
over the Electric Reliability Organization, all affiliated regional
reliability entites, all system operators, and all users of the bulk-power
system, for purposes of approving and enforcing compliance with the
requirements of this section.
`(2) The Commission may, by rule, define any other term used in this
section, provided such definition is consistent with the definitions in, and
the purpose and intent of, this Act.
`(3) Not later than 90 days after the date of enactment of this section,
the Commission shall issue a proposed rule for implementing the requirements
of this section. The Commission shall provide notice and opportunity for
comment on the proposed rule. The Commission shall issue a final rule under
this subsection within 180 days after the date of enactment of this
section.
`(4) Nothing in this section shall be construed as limiting or impairing
any authority of the Commission under any other provision of this Act,
including its exclusive authority to determine rates, terms, and conditions
of transmission services subject to its jurisdiction.
`(c) EXISTING RELIABILITY STANDARDS- Following enactment of this section,
and prior to the approval of an organization under subsection (d), any entity,
including the North American Electric Reliability Council and its member
regional reliability councils, may file any reliability standard, guidance, or
practice that such entity would propose to be made mandatory and enforceable.
The Commission, after allowing an opportunity to submit comments, may approve
any such proposed mandatory standard, guidance, or practice, or any amendment
thereto, if it finds that the standard, guidance, or practice, or amendment is
just, reasonable, not unduly discriminatory or preferential, and in the public
interest. The Commission may, without further proceeding or finding, grant its
approval to any standard, guidance, or practice for which no substantive
objections are filed in the comment period. Filed standards, guidances, or
practices, including any amendments thereto, shall be mandatory and applicable
according to their terms following approval by the Commission and shall remain
in effect until--
`(1) withdrawn, disapproved, or superseded by an Organization Standard,
issued or approved by the Electric Reliability Organization and made
effective by the Commission under subsection (e); or
`(2) disapproved by the Commission if, upon complaint or upon its own
motion and after notice and an opportunity for comment, the Commission finds
the standard, guidance, or practice unjust, unreasonable, unduly
discriminatory, or preferential or not in the public interest.
Standards, guidances, or practices in effect pursuant to the provisions of
this subsection shall be enforceable by the Commission.
`(d) ORGANIZATION APPROVAL-
`(1) Following the issuance of a final Commission rule under subsection
(b)(3), an entity may submit an application to the Commission for approval
as the Electric Reliability Organization. The applicant shall specify in its
application its governance and procedures, as well as its funding mechanism
and initial funding requirements.
`(2) The Commission shall provide public notice of the application and
afford interested parties an opportunity to comment.
`(3) The Commission shall approve the application if the Commission
determines that the applicant--
`(A) has the ability to develop, implement, and enforce standards that
provide for an adequate level of reliability of the bulk power
system;
`(B) permits voluntary membership to any user of the bulk power system
or public interest group;
`(C) assures fair representation of its members in the selection of
its directors and fair management of its affairs, taking into account the
need for efficiency and effectiveness in decisionmaking and operations and
the requirements for technical competency in the development of
Organization Standards and the exercise of oversight of bulk power system
reliability;
`(D) assures that no two industry sectors have the ability to control,
and no one industry sector has the ability to veto, the Electric
Reliability Organization's discharge of its responsibilities (including
actions by committees recommending standards to the board or other board
actions to implement and enforce standards);
`(E) provides for governance by a board wholly comprised of
independent directors;
`(F) provides a funding mechanism and requirements that are just,
reasonable, and not unduly discriminatory or preferential and are in the
public interest, and which satisfy the requirements of subsection
(l);
`(G) establishes procedures for development of Organization Standards
that provide reasonable notice and opportunity for public comment, taking
into account the need for efficiency and effectiveness in decisionmaking
and operations and the requirements for technical competency in the
development of Organization Standards, and which standards development
process has the following attributes:
`(ii) balance of interests, and
`(iii) due process, except that the procedures may include
alternative procedures for emergencies;
`(H) establishes fair and impartial procedures for implementation and
enforcement of Organization Standards, either directly or through
delegation to an affiliated regional reliability entity, including the
imposition of penalties, limitations on activities, functions, or
operations, or other appropriate sanctions;
`(I) establishes procedures for notice and opportunity for public
observation of all meetings, except that the procedures for public
observation may include alternative procedures for emergencies or for the
discussion of information the directors determine should take place in
closed session, such as litigation, personnel actions, or commercially
sensitive information;
`(J) provides for the consideration of recommendations of States and
State commissions; and
`(K) addresses other matters that the Commission may deem necessary or
appropriate to ensure that the procedures, governance, and funding of the
Electric Reliability Organization are just, reasonable, not unduly
discriminatory or preferential, and are in the public interest.
`(4) The Commission shall approve only one Electric Reliability
Organization. If the Commission receives two or more timely applications
that satisfy the requirements of this subsection, the Commission shall
approve only the application it concludes will best implement the provisions
of this section.
`(e) ESTABLISHMENT OF AND MODIFICATIONS TO ORGANIZATION STANDARDS-
`(1) The Electric Reliability Organization shall file with the
Commission any new or modified organization standards, including any
variances or entity rules, and the Commission shall follow the procedures
under paragraph (2) for review of that filing.
`(2) Submissions under paragraph (1) shall include:
`(A) a concise statement of the purpose of the proposal, and
`(B) a record of any proceedings conducted with respect to such
proposal.
The Commission shall provide notice of the filing of such proposal and
afford interested entities 30 days to submit comments. The Commission, after
taking into consideration any submitted comments, shall approve or
disapprove such proposal not later than 60 days after the deadline for the
submission of comments, except that the Commission may extend the 60 day
period for an additional 90 days for good cause, and except further that if
the Commission does not act to approve or disapprove a proposal within the
foregoing periods, the proposal shall go into effect subject to its terms,
without prejudice to the authority of the Commission thereafter to modify
the proposal in accordance with the standards and requirements of this
section. Proposals approved by the Commission shall take effect according to
their terms but not earlier than 30 days after the effective date of the
Commission's order, except as provided in paragraph (3) of this
subsection.
`(3)(A) In the exercise of its review responsibilities under this
subsection, the Commission shall give due weight to the technical expertise
of the Electric Reliability Organization with respect to the content of a
new or modified organization standard, but shall not defer to the
organization with respect to the effect of the standard on competition. The
Commission shall approve a proposed new or modified organization standard if
it determines the proposal to be just, reasonable, not unduly discriminatory
or preferential, and in the public interest.
`(B) An existing or proposed organization standard which is disapproved
in whole or in part by the Commission shall be remanded to the Electric
Reliability Organization for further consideration.
`(C) The Commission, on its own motion or upon complaint, may direct the
Electric Reliability Organization to develop an organization standard,
including modification to an existing organization standard, addressing a
specific matter by a date certain if the Commission considers such new or
modified organization standard necessary or appropriate to further the
purposes of this section. The Electric Reliability Organization shall file
any such new or modified organization standard in accordance with this
subsection.
`(D) An affiliated regional reliability entity may propose a variance or
entity rule to the Electric Reliability Organization. The affiliated
regional reliability entity may request that the Electric Reliability
Organization expedite consideration of the proposal, and may file a notice
of such request with the Commission, if expedited consideration is necessary
to provide for bulk-power system reliability. If the Electric Reliability
Organization fails to adopt the variance or entity rule, either in whole or
in part, the affiliated regional reliability entity may request that the
Commission review such action. If the Commission determines, after its
review of such a request, that the action of the Electric Reliability
Organization did not conform to the applicable standards and procedures
approved by the Commission, or if the Commission determines that the
variance or entity rule is just, reasonable, not unduly discriminatory or
preferential, and in the public interest, and that the Electric Reliability
Organization has unreasonably rejected the proposed variance or entity rule,
then the Commission may remand the proposed variance or entity rule for
further consideration by the Electric Reliability Organization or may direct
the Electric Reliability Organization or the affiliated regional reliability
entity to develop a variance or entity rule consistent with that requested
by the affiliated regional reliability entity. Any such variance or entity
rule proposed by an affiliated regional reliability entity shall be
submitted to the Electric Reliability Organization for review and filing
with the Commission in accordance with the procedures specified in this
subsection.
`(E) Notwithstanding any other provision of this subsection, a proposed
organization standard or amendment shall take effect according to its terms
if the Electric Reliability Organization determines that an emergency exists
requiring that such proposed organization standard or amendment take effect
without notice or comment. The Electric Reliability Organization shall
notify the Commission immediately following such determination and shall
file such emergency organization standard or amendment with the Commission
not later than 5 days following such determination and shall include in such
filing an explanation of the need for such emergency standard. Subsequently,
the Commission shall provide notice of the organization standard or
amendment for comment, and shall follow the procedures set out in paragraphs
(2) and (3) for review of the new or modified organization standard. Any
such organization standard that has gone into effect shall remain in effect
unless and until suspended or disapproved by the Commission. If the
Commission determines at any time that the emergency organization standard
or amendment is not necessary, the Commission may suspend such emergency
organization standard or amendment.
`(4) All users of the bulk power system shall comply with any
organization standard that takes effect under this section.
`(f) COORDINATION WITH CANADA AND MEXICO- The Electric Reliability
Organization shall take all appropriate steps to gain recognition in Canada
and Mexico. The United States shall use its best efforts to enter into
international agreements with the appropriate governments of Canada and Mexico
to provide for effective compliance with organization standards and to provide
for the effectiveness of the Electric Reliability Organization in carrying out
its mission and responsibilities. All actions taken by the Electric
Reliability Organization, any affiliated regional reliability entity, and the
Commission shall be consistent with the provisions of such international
agreements.
`(g) CHANGES IN PROCEDURES, GOVERNANCE, OR FUNDING-
`(1) The Electric Reliability Organization shall file with the
Commission any proposed change in its procedures, governance, or funding, or
any changes in the affiliated regional reliability entity's procedures,
governance, or funding relating to delegated functions, and shall include
with the filing an explanation of the basis and purpose for the
change.
`(2) A proposed procedural change may take effect 90 days after filing
with the Commission if the change constitutes a statement of policy,
practice, or interpretation with respect to the meaning or enforcement of an
existing procedure. Otherwise, a proposed procedural change shall take
effect only upon a finding by the Commission, after notice and opportunity
for comments, that the change is just, reasonable, not unduly discriminatory
or preferential, is in the public interest, and satisfies the requirements
of subsection (d)(4).
`(3) A change in governance or funding shall not take effect unless the
Commission finds that the change is just, reasonable, not unduly
discriminatory or preferential, in the public interest, and satisfies the
requirements of subsection (d)(4).
`(4) The Commission, upon complaint or upon its own motion, may require
the Electric Reliability Organization to amend the procedures, governance,
or funding if the Commission determines that the amendment is necessary to
meet the requirements of this section. The Electric Reliability Organization
shall file the amendment in accordance with paragraph (1) of this
subsection.
`(h) DELEGATIONS OF AUTHORITY-
`(1) The Electric Reliability Organization shall, upon request by an
entity, enter into an agreement with such entity for the delegation of
authority to implement and enforce compliance with organization standards in
a specified geographic area if the organization finds that the entity
requesting the delegation satisfies the requirements of subparagraphs (A),
(B), (C), (D), (F), (J), and (K) of subsection (d)(4), and if the delegation
promotes
the effective and efficient implementation and administration of bulk power
system reliability. The Electric Reliability Organization may enter into an
agreement to delegate to the entity any other authority, except that the
Electric Reliability Organization shall reserve the right to set and approve
standards for bulk power system reliability.
`(2) The Electric Reliability Organization shall file with the
Commission any agreement entered into under this subsection and any
information the Commission requires with respect to the affiliated regional
reliability entity to which authority is to be delegated. The Commission
shall approve the agreement, following public notice and an opportunity for
comment, if it finds that the agreement meets the requirements of paragraph
(1), and is just, reasonable, not unduly discriminatory or preferential, and
is in the public interest. A proposed delegation agreement with an
affiliated regional reliability entity organized on an interconnection-wide
basis shall be rebuttably presumed by the Commission to promote the
effective and efficient implementation and administration of bulk power
system reliability. No delegation by the Electric Reliability Organization
shall be valid unless approved by the Commission.
`(3)(A) A delegation agreement entered into under this subsection shall
specify the procedures for an affiliated regional reliability entity to
propose entity rules or variances for review by the Electric Reliability
Organization. With respect to any such proposal that would apply on an
interconnection-wide basis, the Electric Reliability Organization shall
presume such proposal valid if made by an interconnection-wide affiliated
regional reliability entity unless the Electric Reliability Organization
makes a written finding that the proposal--
`(i) was not developed in a fair and open process that provided an
opportunity for all interested parties to participate;
`(ii) has a significant adverse impact on reliability or commerce in
other interconnections;
`(iii) fails to provide a level of reliability of the bulk-power
system within the interconnection such that it would constitute a serious
and substantial threat to public health, safety, welfare, or national
security; or
`(iv) creates a serious and substantial burden on competitive markets
within the interconnection that is not necessary for reliability.
`(B) With respect to any such proposal that would apply only to part of
an interconnection, the Electric Reliability Organization shall find such
proposal valid if the affiliated regional reliability entity or entities
making the proposal demonstrate that it--
`(i) was developed in a fair and open process that provided an
opportunity for all interested parties to participate;
`(ii) would not have an adverse impact on commerce that is not
necessary for reliability;
`(iii) provides a level of bulk power system reliability adequate to
protect public health, safety, welfare, and national security, and would
not have a significant adverse impact on reliability; and
`(iv) in the case of a variance, is based on legitimate differences
between regions or between subregions within the affiliated regional
reliability entity's geographic area.
The Electric Reliability Organization shall approve or disapprove such
proposal within 120 days, or the proposal shall be deemed approved.
Following approval of any such proposal under this paragraph, the Electric
Reliability Organization shall seek Commission approval pursuant to the
procedures prescribed under subsection (e)(3). Affiliated regional
reliability entities may not make requests for approval directly to the
Commission except pursuant to subsection (e)(3)(D).
`(4) If an affiliated regional reliability entity requests, consistent
with paragraph (1) of this subsection, that the Electric Reliability
Organization delegate authority to it, but is unable within 180 days to
reach agreement with the Electric Reliability Organization with respect to
such requested delegation, such entity may seek relief from the Commission.
If, following notice and opportunity for comment, the Commission determines
that a delegation to the entity would meet the requirements of paragraph (1)
above, and that the delegation would be just, reasonable, not unduly
discriminatory or preferential, and in the public interest, and that the
Electric Reliability Organization has unreasonably withheld such delegation,
the Commission may, by order, direct the Electric Reliability Organization
to make such delegation.
`(5)(A) The Commission may, upon its own motion or upon complaint, and
with notice to the appropriate affiliated regional reliability entity or
entities, direct the Electric Reliability Organization to propose a
modification to an agreement entered into under this subsection if the
Commission determines that--
`(i) the affiliated regional reliability entity no longer has the
capacity to carry out effectively or efficiently its implementation or
enforcement responsibilities under that agreement, has failed to meet its
obligations under that agreement, or has violated any provision of this
section;
`(ii) the rules, practices, or procedures of the affiliated regional
reliability entity no longer provide for fair and impartial discharge of
its implementation or enforcement responsibilities under the
agreement;
`(iii) the geographic boundary of a transmission entity approved
by
the Commission is not wholly within the boundary of an affiliated regional
reliability entity and such difference is inconsistent with the effective and
efficient implementation and administration of bulk power system reliability; or
`(iv) the agreement is inconsistent with another delegation agreement
as a result of actions taken under paragraph (4) of this
subsection.
`(B) Following an order of the Commission issued under subparagraph (A),
the Commission may suspend the affected agreement if the Electric
Reliability Organization or the affiliated regional reliability entity does
not propose an appropriate and timely modification. If the agreement is
suspended, the Electric Reliability Organization shall assume the previously
delegated responsibilities. The Commission shall allow the Electric
Reliability Organization and the affiliated regional reliability entity an
opportunity to appeal the suspension.
`(i) ORGANIZATION MEMBERSHIP- Every system operator shall be required to
be a member of the electric Reliability Organization and shall be required
also to be a member of any affiliated regional reliability entity operating
under an agreement effective pursuant to subsection (h) applicable to the
region in which the system operator operates or is responsible for the
operation of bulkpower system facilities.
`(j) Injunctions and Disciplinary Action-
`(1) Consistent with the range of actions approved by the Commission
under subsection (d)(4)(H), the Electric Reliability Organization may impose
a penalty, limitation of activities, functions, operations, or other
disciplinary action the Electric Reliability Organization finds appropriate
against a user of the bulk power system if the Electric Reliability
Organization, after notice and an opportunity for interested parties to be
heard, issues a finding in writing that the user of the bulk-power system
has violated an organization standard. The Electric Reliability Organization
shall immediately notify the Commission of any disciplinary action imposed
with respect to an act or failure to act of a user of the bulk-power system
that affected or threatened to affect bulk power system facilities located
in the United States, and the sanctioned party shall have the right to seek
modification or rescission of such disciplinary action by the Commission. If
the organization finds it necessary to prevent a serious threat to
reliability, the organization may seek injunctive relief in a Federal court
in the district in which the affected facilities are located.
`(2) A disciplinary action taken under paragraph (1) may take effect not
earlier than the 30th day after the Electric Reliability Organization files
with the Commission its written finding and record of proceedings before the
Electric Reliability Organization and the Commission posts its written
finding, unless the Commission, on its own motion or upon application by the
user of the bulk power system which is the subject of the action, suspends
the action. The action shall remain in effect or remain suspended unless and
until the Commission, after notice and opportunity for hearing, affirms,
sets aside, modifies, or reinstates the action, but the Commission shall
conduct such hearing under procedures established to ensure expedited
consideration of the action taken.
`(3) The Commission, on its own motion or on complaint, may order
compliance with an organization standard and may impose a penalty,
limitation of activities, functions, or operations, or take such other
disciplinary action as the Commission finds appropriate, against a user of
the bulk power system with respect to actions affecting or threatening to
affect bulk power system facilities located in the United States if the
Commission finds, after notice and opportunity for a hearing, that the user
of the bulk power system has violated or threatens to violate an
organization standard.
`(4) The Commission may take such action as is necessary against the
Electric Reliability Organization or an affiliated regional reliability
entity to assure compliance with an organization standard, or any Commission
order affecting the Electric Reliability Organization or an affiliated
regional reliability entity.
`(k) RELIABILITY REPORTS- The Electric Reliability Organization shall
conduct periodic assessments of the reliability and adequacy of the
interconnected bulk power system in North America and shall report annually to
the Secretary of Energy and the Commission its findings and recommendations
for monitoring or improving system reliability and adequacy.
`(l) ASSESSMENT AND RECOVERY OF CERTAIN COSTS- The reasonable costs of the
Electric Reliability Organization, and the reasonable costs of each affiliated
regional reliability entity that are related to implementation and enforcement
of organization standards or other requirements contained in a delegation
agreement approved under subsection (h), shall be assessed by the Electric
Reliability Organization and each affiliated regional reliability entity,
respectively, taking into account the relationship of costs to reach region
and based on an allocation that reflects an equitable sharing of the costs
among all end users. The Commission shall provide by rule for the review of
such costs and allocations, pursuant to the standards in this subsection and
subsection (d)(4)(F).
`(1) The Electric Reliability Organization shall have authority to
develop, implement and enforce compliance with standards for the reliable
operation of only the bulk power system.
`(2) This section does not provide the Electric Reliability Organization
or the Commission with the authority to set and enforce compliance with
standards for adequacy or safety of electric facilities or services.
`(3) Nothing in this section shall be construed to preempt any authority
of any State to take action to ensure the safety, adequacy, and reliability
of electric service within that State, as long as such action is not
inconsistent with any Organization Standard.
`(4) Within 90 days of the application of the Electric Reliability
Organization or other affected party, the Commission shall issue a final
order determining whether a state action is inconsistent with an
Organization Standard, after notice and opportunity for comment, taking into
consideration any recommendations of the Electric Reliability
Organization.
`(5) The Commission, after consultation with the Electric Reliability
Organization, may stay the effectiveness of any state action, pending the
Commission's issuance of a final order.
`(n) REGIONAL ADVISORY BODIES- The Commission shall establish a regional
advisory body on the petition of at least two-thirds of the States within a
region that have more than one-half of their electric loan served within the
region. A regional advisory body shall be composed of one member from each
participating State in the region, appointed by the Governor of each State,
and may include representatives of agencies, States, and provinces outside the
United States, upon execution of an international agreement or agreements
described in subsection (f). A regional advisory body may provide advice to
the electric reliability organization, an affiliated regional reliability
entity, or the Commission regarding the governance of an existing or proposed
affiliated regional reliability entity within the same region, whether an
organization standard, entity rule, or variance proposed to apply within the
region is just, reasonable, not unduly discriminatory or preferential, and in
the public interest, and whether fees proposed to be assessed within the
region are just, reasonable, not unduly discriminatory or preferential, in the
public interest, and consistent with the requirements of subsection (l). The
Commission may give deference to the advice of any such regional advisory body
if that body is organized on an interconnection-wide basis.
`(o) COORDINATION WITH REGIONAL TRANSMISSION ORGANIZATIONS-
`(1) Each regional transmission organization authorized by the
Commission shall be responsible for maintaining the short-term reliability
of the bulk power system that it operates, consistent with organization
standards.
`(2) Except as provided in paragraph (5), in connection with a
proceeding under subsection (e) to consider a proposed organization
standard, each regional transmission organization authorized by the
Commission shall report to the Commission, and notify the electric
reliability organization and any applicable affiliated regional reliability
entity, regarding whether the proposed organization standard hinders or
conflicts with that regional transmission organization's ability to fulfill
the requirements of any rule, regulation, order, tariff, rate schedule, or
agreement accepted, approved or ordered by the Commission. Where such
hindrance or conflict is identified, the Commission shall address such
hindrance or conflict, and the need for any changes to such rule, order,
tariff, rate schedule, or agreement accepted, approved or ordered by the
Commission in its order under subsection (e) regarding the proposed
standard. Where such hindrance or conflict is identified between a proposed
organization standard and a provision of any rule, order, tariff, rate
schedule or agreement accepted, approved or ordered by the Commission
applicable to a regional transmission organization, nothing in this section
shall require a change in the regional transmission organization's
obligation to comply with such provision unless the Commission orders such a
change and the change becomes effective. If the Commission finds that the
tariff, rate schedule, or agreement needs to be changed, the regional
transmission organization must expeditiously make a section 205 filing to
reflect the change. If the Commission finds that the proposed organization
standard needs to be changed, it shall remand the proposed organization
standard to the electric reliability organization under subsection
(e)(3)(B).
`(3) Except as provided in paragraph (5), to the extent hindrances and
conflicts arise after approval of a reliability standard under subsection
(c) or organization standard under subsection (e), each regional
transmission organization authorized by the Commission shall report to the
Commission, and notify the electric reliability organization and any
applicable affiliated regional reliability entity, regarding any reliability
standard approved under subsection (c) or organization standard that hinders
or conflicts with that regional transmission organization's ability to
fulfill the requirements of any rule, regulation, order tariff, rate
schedule, or agreement accepted, approved or ordered by the Commission. The
Commission shall seek to assure that such hindrances or conflicts are
resolved promptly. Where a hindrance or conflict is identified between a
reliability standard or an organization standard and a provision of any
rule, order, tariff, rate schedule or agreement accepted, approved or
ordered by the Commission applicable to a regional reliability organization,
nothing in this section shall require a change in the regional transmission
organization's obligation to comply with such provision unless the
Commission orders such a change and the change becomes effective. If the
Commission finds that the tariff, rate schedule or agreement needs to be
changed, the regional transmission organization must expeditiously make a
section 205 filing to reflect the change. If the Commission finds that an
organization standard needs to be changed, it shall order the electric
reliability organization to develop and submit a modified organization
standard under subsection (e)(3)(C).
`(4) An affiliated regional reliability entity and a regional
transmission organization operating in the same geographic area shall
cooperate to avoid
conflicts between implementation and enforcement of organization standards by
the affiliated regional reliability entity and implementation and enforcement by
the regional transmission organization of tariffs, rate schedules, and
agreements accepted, approved or ordered by the Commission. In areas without an
affiliated regional reliability entity, the electric reliability organization
shall act as the affiliated regional reliability entity for purposes of this
paragraph.
`(5) Until 6 months after approval of applicable subsection (h)(3)
procedures, any reliability standard, guidance, or practice contained in
Commission-accepted tariffs, rate schedules, or agreements in effect of any
Commission-authorized independent system operator or regional transmission
organization shall continue to apply unless the Commission accepts an
amendment thereto by the applicable operator or organization, or upon
complaint finds them to be unjust, unreasonable, unduly discriminatory or
preferential, or not in the public interest. At the conclusion of such
transition period, any such reliability standard, guidance, practice, or
amendment thereto that the Commission determines is inconsistent with
organization standards shall no longer apply.'.
(2) ENFORCEMENT- Sections 316 and 316A of the Federal Power Act are each
amended by striking `or 214' each place it appears and inserting `214, or
215'.
(b) APPLICATION OF ANTITRUST LAWS- Notwithstanding any other provision of
law, each of the following activities are rebuttably presumed to be in
compliance with the antitrust laws of the United States:
(1) Activities undertaken by the Electric Reliability Organization under
section 215 of the Federal Power Act or affiliated regional reliability
entity operating under an agreement in effect under section 215(h) of such
Act.
(2) Activities of a member of the Electric Reliability Organization or
affiliated regional reliability entity in pursuit of organization objectives
under section 215 of the Federal Power Act undertaken in good faith under
the rules of the organization.
Primary jurisdiction, and immunities and other affirmative defenses, shall
be available to the extent otherwise applicable.
Subtitle B--PURPA Mandatory Purchase and Sale Requirements
SEC. 803. PURPA MANDATORY PURCHASE AND SALE REQUIREMENTS.
Section 210 of the Public Utility Regulatory Policies Act of 1978 is
amended by adding the following:
`(m) TERMINATION OF MANDATORY PURCHASE AND SALE REQUIREMENTS-
`(1) IN GENERAL- After the date of the enactment of this subsection, no
electric utility shall be required to enter into a new contract or
obligation to purchase electric energy from, or sell electric energy under
this section.
`(2) NO EFFECT ON EXISTING RIGHTS AND REMEDIES- Nothing in this
subsection affects the rights or remedies of any party with respect to the
purchase or sale of electric energy or capacity from or to a facility under
this section under any contract or obligation to purchase or to sell
electric energy or capacity on the date of enactment of this subsection,
including--
`(A) the right to recover costs of purchasing such electric energy or
capacity; and
`(B) in States without competition for retail electric supply, the
obligation of a utility to provide, at just and reasonable rates for
consumption by a qualifying small power production facility or a
qualifying cogeneration facility, backup, standby, and maintenance
power.
`(A) REGULATION- To ensure recovery, by an electric utility that
purchases electricity or capacity from a qualifying facility pursuant to
any legally enforceable obligation entered into or imposed under this
section before the date of enactment of this subsection, of all costs
associated with the purchases, the Commission shall issue and enforce such
regulations as are required to ensure that no electric utility shall be
required directly or indirectly to absorb the costs associated with such
purchases.
`(B) ENFORCEMENT- A regulation under subparagraph (A) shall be
enforceable in accordance with the provisions of law applicable to
enforcement of regulations under the Federal Power Act.'.
Subtitle C--Repeal of the Public Utility Holding Company Act of 1935 and
Enactment of the Public Utility Holding Company Act of 2001
SEC. 810. SHORT TITLE.
This subtitle may be cited as the `Public Utility Holding Company Act of
2001'.
SEC. 811. FINDINGS AND PURPOSES.
(a) FINDINGS- The Congress finds that--
(1) the Public Utility Holding Company Act of 1935 was intended to
facilitate the work of Federal and State regulators by placing certain
constraints on the activities of holding company systems;
(2) developments since 1935, including changes in other regulation and
in the electric and gas industries, have called into question the continued
relevance of the model of regulation established by that Act;
(3) there is a continuing need for State regulation in order to ensure
the rate protection of utility customers; and
(4) limited Federal regulation is necessary to supplement the work of
State commissions for the continued rate protection of electric and gas
utility customers.
(b) PURPOSES- The purposes of this title are--
(1) to eliminate unnecessary regulation, yet continue to provide for
consumer protection by
facilitating existing rate regulatory authority through improved Federal and
State commission access to books and records of all companies in a holding
company system, to the extent that such information is relevant to rates paid by
utility customers, while affording companies the flexibility required to compete
in the energy markets; and
(2) to address protection of electric and gas utility customers by
providing for Federal and State access to books and records of all companies
in a holding company system that are relevant to utility rates.
SEC. 812. DEFINITIONS.
For the purposes of this subtitle--
(1) the term `affiliate' of a company means any company 5 percent or
more of the outstanding voting securities of which are owned, controlled, or
held with power to vote, directly or indirectly, by such company;
(2) the term `associate company' of a company means any company in the
same holding company system with such company;
(3) the term `Commission' means the Federal Energy Regulatory
Commission;
(4) the term `company' means a corporation, partnership, association,
joint stock company, business trust, or any organized group of persons,
whether incorporated or not, or a receiver, trustee, or other liquidating
agent of any of the foregoing;
(5) the term `electric utility company' means any company that owns or
operates facilities used for the generation, transmission, or distribution
of electric energy for sale;
(6) the terms `exempt wholesale generator' and `foreign utility company'
have the same meanings as in sections 32 and 33, respectively, of the Public
Utility Holding Company Act of 1935, as those sections existed on the day
before the effective date of this Act;
(7) the term `gas utility company' means any company that owns or
operates facilities used for distribution at retail (other than the
distribution only in enclosed portable containers or distribution to tenants
or employees of the company operating such facilities for their own use and
not for resale) of natural or manufactured gas for heat, light, or
power;
(8) the term `holding company' means--
(A) any company that directly or indirectly owns, controls, or holds
with power to vote, 10 percent or more of the outstanding voting
securities of a public utility company or of a holding company of any
public utility company; and
(B) any person, determined by the Commission, after notice and
opportunity for hearing, to exercise directly or indirectly (either alone
or pursuant to an arrangement or understanding with one or more persons)
such a controlling influence over the management or policies of any public
utility company or holding company as to make it necessary or appropriate
for the rate protection of utility customers with respect to rates that
such person be subject to the obligations, duties, and liabilities imposed
by this Title upon holding companies;
(9) the term `holding company system' means a holding company, together
with its subsidiary companies;
(10) the term `jurisdiction rates' means rates established by the
Commission for the transmission of electric energy in interstate commerce,
the sale of electric energy at wholesale in interstate commerce, the
transportation of natural gas in interstate commerce, and the sale in
interstate commerce of natural gas for resale for ultimate public
consumption for domestic, commercial, industrial, or any other use;
(11) the term `natural gas company' means a person engaged in the
transportation of natural gas in interstate commerce or the sale of such gas
in interstate commerce for resale;
(12) the term `person' means an individual or company;
(13) the term `public utility' means any person who owns or operates
facilities used for transmission of electric energy in interstate commerce
or sales of electric energy at wholesale in interstate commerce;
(14) the term `public utility company' means an electric utility company
or a gas utility company;
(15) the term `State commission' means any commission, board, agency, or
officer, by whatever name designated, of a State, municipality, or other
political subdivision of a State that, under the laws of such State, has
jurisdiction to regulate public utility companies;
(16) the term `subsidiary company' of a holding company means--
(A) any company, 10 percent or more of the outstanding voting
securities of which are directly or indirectly owned, controlled, or held
with power to vote, by such holding company; and
(B) any person, the management or policies of which the Commission,
after notice and opportunity for hearing, determines to be subject to a
controlling influence, directly or indirectly, by such holding company
(either alone or pursuant to an arrangement or understanding with one or
more other persons) so as to make it necessary for the rate protection of
utility customers with respect to rates that such person be subject to the
obligations, duties, and liabilities imposed by this Title upon subsidiary
companies of holding companies; and
(17) the term `voting security' means any security presently entitling
the owner or holder thereof to vote in the direction or management of the
affairs of a company.
SEC. 813. REPEAL OF THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935.
The Public Utility Holding Company Act of 1935 (15 U.S.C. 79a et seq.) is
repealed, effective one year after the date of enactment of this subtitle.
SEC. 814. FEDERAL ACCESS TO BOOKS AND RECORDS.
(a) IN GENERAL- Each holding company and each associate company thereof
shall maintain, and shall make available to the Commission, such books,
accounts, memoranda, and other records as the Commission deems to be relevant
to costs incurred by a public utility or natural gas company that is an
associate company of such holding company and necessary or appropriate for the
protection of utility customers with respect to jurisdictional rates for the
transmission of electric energy in interstate commerce, the sale of electric
energy at wholesale in interstate commerce, the transportation of natural gas
in interstate commerce, and the sale in interstate commerce of natural gas for
resale for ultimate public consumption for domestic, commercial, industrial,
or any other use.
(b) AFFILIATE COMPANIES- Each affiliate of a holding company or of any
subsidiary
company of a holding company shall maintain, and make available to the
Commission, such books, accounts, memoranda, and other records with respect to
any transaction with another affiliate, as the Commission deems to be relevant
to costs incurred by a public utility or natural gas company that is an
associate company of such holding company and necessary or appropriate for the
protection of utility customers with respect to jurisdictional rates.
(c) HOLDING COMPANY SYSTEMS- The Commission may examine the books,
accounts, memoranda, and other records of any company in a holding company
system, or any affiliate thereof, as the Commission deems to be relevant to
costs incurred by a public utility or natural gas company within such holding
company system and necessary or appropriate for the protection of utility
customers with respect to jurisdictional rates.
(d) CONFIDENTIALITY- No member, officer, or employee of the Commission
shall divulge any fact or information that may come to his or her knowledge
during the course of examination of books, accounts, memoranda, or other
records as provided in this section, except as may be directed by the
Commission or by a court of competent jurisdiction.
SEC. 815. STATE ACCESS TO BOOKS AND RECORDS.
(a) IN GENERAL- Upon the written request of a State commission having
jurisdiction to regulate a public utility company in a holding company system,
the holding company or any associate company or affiliate thereof, other than
such public utility company, wherever located, shall produce for inspection
books, accounts, memoranda, and other records that--
(1) have been identified in reasonable detail in a proceeding before the
State commission;
(2) the State commission deems are relevant to costs incurred by such
public utility company; and
(3) are necessary for the effective discharge of the responsibilities of
the State commission with respect to such proceeding.
(b) LIMITATION- Subsection (a) does not apply to any person that is a
holding company solely by reason of ownership of one or more qualifying
facilities under the Public Utility Regulatory Policies Act.
(c) CONFIDENTIALITY OF INFORMATION- The production of books, accounts,
memoranda, and other records under subsection (a) shall be subject to such
terms and conditions as may be necessary and appropriate to safeguard against
unwarranted disclosure to the public of any trade secrets or sensitive
commercial information.
(d) EFFECT ON STATE LAW- Nothing in this section shall preempt applicable
State law concerning the provision of books, records, or any other
information, or in any way limit the rights of any State to obtain books,
records, or any other information under any other Federal law, contract, or
otherwise.
(e) COURT JURISDICTION- Any United States district court located in the
State in which the State commission referred to in subsection (a) is located
shall have jurisdiction to enforce compliance with this section.
SEC. 816. EXEMPTION AUTHORITY.
(a) RULEMAKING- Not later than 90 days after the effective date of this
subtitle, the Commission shall promulgate a final rule to exempt from the
requirements of section 815 any person that is a holding company, solely with
respect to one or more--
(1) qualifying facilities under the Public Utility Regulatory Policies
Act of 1978;
(2) exempt wholesale generators; or
(3) foreign utility companies.
(b) OTHER AUTHORITY- If, upon application or upon its own motion, the
Commission finds that the books, records, accounts, memoranda, and other
records of any person are not relevant to the jurisdictional rates of a public
utility or natural gas company, or if the Commission finds that any class of
transactions is not relevant to the jurisdictional rates of a public utility
or natural gas company, the Commission shall exempt such person or transaction
from the requirements of section 815.
SEC. 817. AFFILIATE TRANSACTION.
Nothing in this subtitle shall preclude the Commission or a State
commission from exercising its jurisdiction under otherwise applicable law to
determine whether a public utility company, public utility, or natural gas
company may recover in rates any costs of an activity performed by an
associate company, or any costs of goods or services acquired by such public
utility company from an associate company.
SEC. 818. APPLICABILITY.
No provision of this subtitle shall apply to, or be deemed to include--
(2) a State or any political subdivision of a State;
(3) any foreign governmental authority not operating in the United
States;
(4) any agency, authority, or instrumentality of any entity referred to
in paragraph (1), (2), or (3); or
(5) any officer, agent, or employee of any entity referred to in
paragraph (1), (2), or (3) acting as such in the course of his or her
official duty.
SEC. 819. EFFECT ON OTHER REGULATIONS.
Nothing in this subtitle precludes the Commission or a State commission
from exercising its jurisdiction under otherwise applicable law to protect
utility customers.
SEC. 820. ENFORCEMENT.
The Commission shall have the same powers as set forth in sections 306
through 317 of the Federal Power Act (16 U.S.C. 825d-825p) to enforce the
provisions of this subtitle.
SEC. 821. SAVINGS PROVISIONS.
(a) IN GENERAL- Nothing in this subtitle prohibits a person from engaging
in or continuing to engage in activities or transactions in which it is
legally engaged or authorized to engage on the effective date of this
subtitle.
(b) EFFECT ON OTHER COMMISSION AUTHORITY- Nothing in this subtitle limits
the authority of the Commission under the Federal Power Act (16 U.S.C. 791a et
seq.) (including section 301 of that Act) or the Natural Gas Act (15 U.S.C.
717 et seq.) (including section 8 of that Act).
SEC. 822. IMPLEMENTATION.
Not later than 6 months after the date of enactment of this subtitle, the
Commission shall--
(1) promulgate such regulations as may be necessary or appropriate to
implement this title (other than section 815); and
(2) submit to Congress detailed recommendations on technical and
conforming amendments to Federal law necessary to carry out this subtitle
and the amendments made by this subtitle.
SEC. 823. TRANSFER OF RESOURCES.
All books and records that relate primarily to the functions transferred
to the Commission under this subtitle shall be transferred from the Securities
and Exchange Commission to the Commission.
SEC. 824. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such funds as may be necessary to
carry out this subtitle.
SEC. 825. CONFORMING AMENDMENT TO THE FEDERAL POWER ACT.
Section 318 of the Federal Power Act (16 U.S.C. 825q) is repealed.
Subtitle D--Emission-Free Control Measures Under State Implementation
Plans
SEC. 830. EMISSION-FREE CONTROL MEASURES UNDER A STATE IMPLEMENTATION
PLAN.
Actions taken by a State to support the continued operation of existing
emission-free electricity sources, or the construction or operation of new
emission-free electricity sources, shall be considered control measures
necessary or appropriate to meet applicable requirements under section 110(a)
of the Clean Air Act (42 U.S.C. 7410(a)) and shall be included in a State
Implementation Plan.
TITLE IX--TAX INCENTIVES FOR ENERGY PRODUCTION AND
CONSERVATION
SEC. 900. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF CONTENTS.
(a) SHORT TITLE- This title may be cited as the `Energy Security Tax
Policy Act of 2001'.
(b) AMENDMENT OF 1986 CODE- Except as otherwise expressly provided,
whenever in this title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of the Internal
Revenue Code of 1986.
(c) TABLE OF CONTENTS- The table of contents of this title is as
follows:
TITLE IX--TAX INCENTIVES FOR ENERGY PRODUCTION AND CONSERVATION
Sec. 900. Short title; amendment of 1986 Code; table of contents.
Subtitle A--Enhancement of Domestic Oil and Gas Production
Part I--Tax Credits
Sec. 901. Tax credit for marginal domestic oil and natural gas well
production.
Sec. 902. Enhanced oil recovery credit extended to certain nontertiary
recovery methods.
Sec. 903. Extension of credit for producing fuel from a nonconventional
source.
Part II--Percentage Depletion
Sec. 911. 10-year carryback for percentage depletion for oil and gas
property.
Sec. 912. Net income limitation on percentage depletion repealed for oil
and gas properties.
Sec. 913. Determination of small refiner exception to oil depletion
deduction.
Part III--Expensing
Sec. 916. Election to expense geological and geophysical expenditures
and delay rental payments.
Part IV--Depreciation
Sec. 921. Oil and gas pipelines treated as 7-year property.
Sec. 922. Class life for petroleum storage facilities.
Sec. 923. Class life for petroleum refineries.
Part V--Offshore Oil and Gas Vessels and Structures
Sec. 931. Accelerated depreciation.
Sec. 933. Capital construction funds for United States-built drilling
vessels.
Subtitle B--Provisions Relating to Coal
Part I--Credit for Emission Reductions and Efficiency Improvements in
Existing Coal-based Electricity Generation Facilities
Sec. 941. Credit for investment in qualifying clean coal
technology.
Sec. 942. Credit for production from a qualifying clean coal technology
unit.
Part II--Incentives for Early Commercial Applications of Advanced Clean Coal
Technologies
Sec. 946. Credit for investment in qualifying advanced clean coal
technology.
Sec. 947. Credit for production from qualifying advanced clean coal
technology.
Subtitle C--Provisions Relating to Natural Gas
Sec. 951. Arbitrage rules not to apply to prepayments for natural gas
and other commodities.
Sec. 952. Private loan financing test not to apply to prepayments for
natural gas and other commodities.
Subtitle D--Provisions Relating to Electric Power
Sec. 956. Depreciation of property used in the generation or
transmission of electricity.
Sec. 957. Tax-exempt bond financing of certain electric
facilities.
Sec. 958. Independent transmission companies.
Sec. 959. Certain amounts received by energy, natural gas, or steam
utilities excluded from gross income as contributions to capital.
Subtitle E--Provisions Relating to Nuclear Energy
Sec. 961. Expensing of costs incurred for temporary storage of spent
nuclear fuel.
Sec. 962. Nuclear decommissioning reserve fund.
Subtitle F--Tax Incentives for Energy Efficiency
Sec. 971. Credit for certain distributed power and combined heat and
power system property used in business.
Sec. 972. Credit for energy efficiency improvements to existing
homes.
Sec. 973. Business credit for construction of new energy efficient
home.
Sec. 974. Tax credit for energy efficient appliances.
Sec. 975. Credit for certain energy efficient motor vehicles.
Subtitle G--Alternative Fuels
Sec. 981. Credit for alternative fuel vehicles.
Sec. 982. Modification of credit for qualified electric vehicles.
Sec. 983. Credit for retail sale of alternative fuels as motor vehicle
fuel.
Sec. 984. Extension of deduction for certain refueling property.
Sec. 985. Additional deduction for cost of installation of alternative
fueling stations.
Subtitle H--Renewable Energy
Sec. 991. Modifications to credit for electricity produced from
renewable resources and extension to waste energy.
Sec. 992. Credit for residential solar and wind energy property.
Sec. 993. Treatment of facilities using bagasse to produce energy as
solid waste disposal facilities eligible for tax-exempt financing.
Subtitle A--Enhancement of Domestic Oil and Gas Production
PART I--TAX CREDITS
SEC. 901. TAX CREDIT FOR MARGINAL DOMESTIC OIL AND NATURAL GAS WELL
PRODUCTION.
(a) PURPOSE- The purpose of this section is to prevent the abandonment of
marginal oil and gas wells responsible for half of the domestic production of
oil and gas in the United States.
(b) CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL WELLS- Subpart D of
part IV of subchapter A of chapter 1 (relating to business credits) is amended
by adding at the end the following new section:
`SEC. 45E. CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL WELLS.
`(a) GENERAL RULE- For purposes of section 38, the marginal well
production credit for any taxable year is an amount equal to the product
of--
`(1) the credit amount, and
`(2) the qualified crude oil production and the qualified natural gas
production which is attributable to the taxpayer.
`(b) CREDIT AMOUNT- For purposes of this section--
`(1) IN GENERAL- The credit amount is--
`(A) $3 per barrel of qualified crude oil production, and
`(B) 50 cents per 1,000 cubic feet of qualified natural gas
production.
`(2) REDUCTION AS OIL AND GAS PRICES INCREASE-
`(A) IN GENERAL- The $3 and 50 cents amounts under paragraph (1) shall
each be reduced (but not below zero) by an amount which bears the same
ratio to such amount (determined without regard to this paragraph)
as--
`(i) the excess (if any) of the applicable reference price over $15
($1.67 for qualified natural gas production), bears to
`(ii) $3 ($0.33 for qualified natural gas production).
The applicable reference price for a taxable year is the reference
price for the calendar year preceding the calendar year in which the
taxable year begins.
`(B) INFLATION ADJUSTMENT- In the case of any taxable year beginning
in a calendar year after 2001, each of the dollar amounts contained in
subparagraph (A) shall be increased to an amount equal to such dollar
amount multiplied by the inflation adjustment factor for such calendar
year (determined under section 43(b)(3)(B) by substituting `2000' for
`1990').
`(C) REFERENCE PRICE- For purposes of this paragraph, the term
`reference price' means, with respect to any calendar year--
`(i) in the case of qualified crude oil production, the reference
price determined under section 29(d)(2)(C), and
`(ii) in the case of qualified natural gas production, the
Secretary's estimate of the annual average wellhead price per 1,000
cubic feet for all domestic natural gas.
`(c) QUALIFIED CRUDE OIL AND NATURAL GAS PRODUCTION- For purposes of this
section--
`(1) IN GENERAL- The terms `qualified crude oil production' and
`qualified natural gas production' mean domestic crude oil or natural gas
which is produced from a marginal well.
`(2) LIMITATION ON AMOUNT OF PRODUCTION WHICH MAY QUALIFY-
`(A) IN GENERAL- Crude oil or natural gas produced during any taxable
year from any well shall not be treated as qualified crude oil production
or qualified natural gas production to the extent production from the well
during the taxable year exceeds 1,095 barrels or barrel
equivalents.
`(B) PROPORTIONATE REDUCTIONS-
`(i) SHORT TAXABLE YEARS- In the case of a short taxable year, the
limitations under this paragraph shall be proportionately reduced to
reflect the ratio which the number of days in such taxable year bears to
365.
`(ii) WELLS NOT IN PRODUCTION ENTIRE YEAR- In the case of a well
which is not capable of production during each day of a taxable year,
the limitations under this paragraph applicable to the well shall be
proportionately reduced to reflect the ratio which the number of days of
production bears to the total number of days in the taxable
year.
`(A) MARGINAL WELL- The term `marginal well' means a domestic
well--
`(i) the production from which during the taxable year is treated as
marginal production under section 613A(c)(6), except that `22 degrees'
shall be substituted for `20 degrees' in applying subparagraph (F)
thereof, or
`(ii) which, during the taxable year--
`(I) has average daily production of not more than 25 barrel
equivalents, and
`(II) produces water at a rate not less than 95 percent of total
well effluent.
`(B) CRUDE OIL, ETC- The terms `crude oil', `natural gas', `domestic',
and `barrel' have the meanings given such terms by section
613A(e).
`(C) BARREL EQUIVALENT- The term `barrel equivalent' means, with
respect to natural gas, a conversion ratio of 6,000 cubic feet of natural
gas to 1 barrel of crude oil.
`(1) PRODUCTION ATTRIBUTABLE TO THE TAXPAYER- In the case of a marginal
well in which there is more than one owner of operating interests in the
well and the crude oil or natural gas production exceeds the limitation
under subsection (c)(2), qualifying crude oil production or qualifying
natural gas production attributable to the taxpayer shall be determined on
the basis of the ratio which the taxpayer's revenue interest in the
production bears to the aggregate of the revenue interests of all operating
interest owners in the production.
`(2) OPERATING INTEREST REQUIRED- Any credit under this section may be
claimed only on production which is attributable to the holder of an
operating interest.
`(3) PRODUCTION FROM NONCONVENTIONAL SOURCES EXCLUDED- In the case of
production from a marginal well which is eligible for the credit allowed
under section 29 for the taxable year, no credit shall be allowable under
this section unless the taxpayer elects not to claim the credit under
section 29 with respect to the well.'.
(c) CREDIT TREATED AS BUSINESS CREDIT- Section 38(b) is amended by
striking `plus' at the end of paragraph (12), by striking the period at the
end of paragraph (13) and inserting `, plus', and by adding at the end the
following new paragraph:
`(14) the marginal oil and gas well production credit determined under
section 45E(a).'
(d) CREDIT ALLOWED AGAINST REGULAR AND MINIMUM TAX-
(1) IN GENERAL- Subsection (c) of section 38 (relating to limitation
based on amount of tax) is amended by redesignating paragraph (3) as
paragraph (4) and by inserting after paragraph (2) the following new
paragraph:
`(3) SPECIAL RULES FOR MARGINAL OIL AND GAS WELL PRODUCTION
CREDIT-
`(A) IN GENERAL- In the case of the marginal oil and gas well
production credit--
`(i) this section and section 39 shall be applied separately with
respect to the credit, and
`(ii) in applying paragraph (1) to the credit--
`(I) subparagraphs (A) and (B) thereof shall not apply,
and
`(II) the limitation under paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit allowed under subsection (a) for
the taxable year (other than the marginal oil and gas well production
credit).
`(B) MARGINAL OIL AND GAS WELL PRODUCTION CREDIT- For purposes of this
subsection, the term `marginal oil and gas well production credit' means
the credit allowable under subsection (a) by reason of section
45E(a).'
(2) CONFORMING AMENDMENT- Subclause (II) of section 38(c)(2)(A)(ii) is
amended by inserting `or the marginal oil and gas well production credit'
after `employment credit'.
(e) CARRYBACK- Subsection (a) of section 39 (relating to carryback and
carryforward of unused credits generally) is amended by adding at the end the
following new paragraph:
`(3) 10-YEAR CARRYBACK FOR MARGINAL OIL AND GAS WELL PRODUCTION CREDIT-
In the case of the marginal oil and gas well production credit (as defined
in section 38(c)(3))--
`(A) this section shall be applied separately from the business credit
(other than the marginal oil and gas well production credit),
`(B) paragraph (1) shall be applied by substituting `10 taxable years'
for `1 taxable years' in subparagraph (A) thereof, and
`(C) paragraph (2) shall be applied--
`(i) by substituting `31 taxable years' for `21 taxable years' in
subparagraph (A) thereof, and
`(ii) by substituting `30 taxable years' for `20 taxable years' in
subparagraph (B) thereof.'.
(f) COORDINATION WITH SECTION 29- Section 29(a) is amended by striking
`There' and inserting `At the election of the taxpayer, there'.
(g) CLERICAL AMENDMENT- The table of sections for subpart D of part IV of
subchapter A of chapter 1 is amended by adding at the end the following
item:
`45E. Credit for producing oil and gas from marginal wells.'
(h) EFFECTIVE DATE- The amendments made by this section shall apply to
production in taxable years beginning after December 31, 2000.
SEC. 902. ENHANCED OIL RECOVERY CREDIT EXTENDED TO CERTAIN NONTERTIARY
RECOVERY METHODS.
(a) PURPOSE- The purpose of this section is to extend the productive lives
of existing domestic oil and gas wells in order to recover the 75 percent of
the oil and gas that is not recoverable using primary oil and gas recovery
techniques.
(b) QUALIFIED PROJECTS- Clause (i) of section 43(c)(2)(A) (defining
qualified enhanced oil recovery project) is amended to read as follows:
`(i) which involves the application (in accordance with sound
engineering principles) of--
`(I) one or more tertiary recovery methods (as defined in section
193(b)(3)) which can reasonably be expected to result in more than an
insignificant increase in the amount of crude oil which will
ultimately be recovered, or
`(II) one or more qualified nontertiary recovery methods which are
required to recover oil with traditionally immobile characteristics or
from formations which have proven to be uneconomical or noncommercial
under conventional recovery methods,'
(c) QUALIFIED NONTERTIARY RECOVERY METHODS- Section 43(c)(2) is amended by
adding at the end the following new subparagraphs:
`(C) QUALIFIED NONTERTIARY RECOVERY METHOD- For purposes of this
paragraph--
`(i) IN GENERAL- The term `qualified nontertiary recovery method'
means any recovery method described in clause (ii), (iii), or (iv), or
any combination thereof.
`(ii) ENHANCED GRAVITY DRAINAGE (EGD) METHODS- The methods described
in this clause are as follows:
`(I) HORIZONTAL DRILLING- The drilling of horizontal, rather than
vertical, wells to penetrate any hydrocarbon-bearing formation which
has an average in situ calculated permeability to fluid flow of less
than or equal to 12 or less millidarcies and which has been
demonstrated by use of a vertical wellbore to be uneconomical unless
drilled with lateral horizontal lengths in excess of 1,000
feet.
`(II) GRAVITY DRAINAGE- The production of oil by gravity flow from
drainholes which are drilled from a shaft or tunnel dug within or
below the oil-bearing zone.
`(iii) MARGINALLY ECONOMIC RESERVOIR REPRESSURIZATION (MERR)
METHODS- The methods described in this clause are as follows, except
that this clause shall only apply to the first 1,000,000 barrels
produced in any project:
`(I) CYCLIC GAS INJECTION- The increase or maintenance of pressure
by injection of hydrocarbon gas into the reservoir from which it was
originally produced.
`(II) FLOODING- The injection of water into an oil reservoir to
displace oil from the reservoir rock and into the bore of a producing
well.
`(iv) OTHER METHODS- Any method used to recover oil having an
average laboratory measured air permeability less than or equal to 100
millidarcies when averaged over the productive interval being completed,
or an in situ calculated permeability to fluid flow less than or equal
to 12 millidarcies or oil defined by the Department of Energy as being
immobile.
`(D) AUTHORITY TO ADD OTHER NONTERTIARY RECOVERY METHODS- The
Secretary shall provide procedures under which--
`(i) the Secretary may treat methods not described in clause (ii),
(iii), or (iv) of subparagraph (C) as qualified nontertiary recovery
methods, and
`(ii) a taxpayer may request the Secretary to treat any method not
so described as a qualified nontertiary recovery method.
The Secretary may only specify methods as qualified nontertiary
recovery methods under this subparagraph if the Secretary determines that
such specification is consistent with the purposes of subparagraph (C) and
will result in greater production of oil and natural gas.'
(d) CONFORMING AMENDMENT- Clause (iii) of section 43(c)(2)(A) is amended
to read as follows:
`(iii) with respect to which--
`(I) in the case of a tertiary recovery method, the first
injection of liquids, gases, or other matter commences after December
31, 1990, and
`(II) in the case of a qualified nontertiary recovery method, the
implementation of the method begins after December 31,
2000.'.
(e) EFFECTIVE DATE- The amendments made by this section shall apply to
taxable years ending after December 31, 2000.
SEC. 903. EXTENSION OF CREDIT FOR PRODUCING FUEL FROM A NONCONVENTIONAL
SOURCE.
(a) EXTENSION OF CREDIT- Subsection (f) of section 29 (relating to credit
for producing fuel from a nonconventional source) is amended--
(1) in paragraph (1)(A), by inserting before `or' the following: `or
from a well drilled after the date of the enactment of the Energy Security
Tax Policy Act of 2001, and before January 1, 2011,',
(2) in paragraph (1)(B), by inserting before `and' at the end the
following: `or placed in service after the date of the enactment of the
Energy Security Tax Policy Act of 2001, and before January 1, 2011,',
and
(3) in paragraph (2), by striking `2003' and inserting `2013'.
(b) Reduction in Amount of Credit Starting in 2007- Subsection (a) of
section 29 is amended to read as follows:
`(a) ALLOWANCE OF CREDIT-
`(1) IN GENERAL- There shall be allowed as a credit against the tax
imposed by this chapter for the taxable year an amount equal to--
`(A) the applicable amount, multiplied by
`(B) the barrel-of-oil equivalent of qualified fuels--
`(i) sold by the taxpayer to an unrelated person during the taxable
year, and
`(ii) the production of which is attributable to the
taxpayer.
`(2) APPLICABLE AMOUNT- For purposes of paragraph (1), the applicable
amount is the amount determined in accordance with the following
table:
`In the case of taxable
-- The applicable amount
years beginning in calendar year:
--is:
2001 to 2008
--$3.00
2009
--$2.60
2010
--$2.00
2011
--$1.40
2012
--$0.80
2013 and thereafter
--$0.00.'
(c) QUALIFIED FUELS TO INCLUDE HEAVY OIL- Subsection (c) of section 29
(defining qualified fuels) is amended--
(1) in paragraph (1), by striking `and' at the end of subparagraph (B),
by striking the period at the end of subparagraph (C) and inserting `, and',
and by adding at the end the following new subparagraph:
`(D) heavy oil, as defined in section 613A(c)(6), except that `22
degrees' shall be substituted for `20 degrees' in applying subparagraph
(F) thereof.', and
(2) by adding at the end the following new paragraph:
`(4) SPECIAL RULES FOR HEAVY OIL-
`(A) TERMINATION- Heavy oil shall be considered to be a qualified fuel
only if it is produced from a well drilled, or in a facility placed in
service, after the date of the enactment of the Energy Security Tax Policy
Act of 2001, and before January 1, 2011.
`(B) WAIVER OF UNRELATED PERSON REQUIREMENT- In the case of heavy oil,
the requirement under subsection (a)(1)(B)(i) of a sale to an unrelated
person shall not apply to any sale to the extent that the heavy oil is not
consumed in the immediate vicinity of the wellhead.'
(d) CONFORMING AMENDMENT- Section 29(g) (relating to extension for certain
facilities) is amended to read as follows:
`(g) EXTENSION FOR CERTAIN FACILITIES- In the case of a facility for
producing qualified fuels described in subparagraph (B)(ii) or (C) of
subsection (c)(1), such facility shall, for purposes of subsection (f)(1)(B),
be treated as being placed in service before January 1, 1993, if such facility
is placed in service before July 1, 1998, pursuant to a binding written
contract in effect before January 1, 1997.'
(e) EFFECTIVE DATE- The amendments made by this section shall apply to
taxable years beginning after December 31, 2000.
PART II--PERCENTAGE DEPLETION
SEC. 911. 10-YEAR CARRYBACK FOR PERCENTAGE DEPLETION FOR OIL AND GAS
PROPERTY.
(a) IN GENERAL- Subsection (d)(1) of section 613A (relating to limitations
on percentage depletion in case of oil and gas wells) is amended to read as
follows:
`(1) LIMITATION BASED ON TAXABLE INCOME-
`(A) IN GENERAL- The deduction for the taxable year attributable to
the application of subsection (c) shall not exceed so much of the
taxpayer's taxable income for the year as the taxpayer elects, computed
without regard to--
`(i) any depletion on production from an oil or gas property which
is subject to the provisions of subsection (c),
`(ii) any net operating loss carryback to the taxable year under
section 172,
`(iii) any capital loss carryback to the taxable year under section
1212, and
`(iv) in the case of a trust, any distributions to its beneficiary,
except in the case of any trust where any beneficiary of such trust is a
member of the family (as defined in section 267(c)(4)) of a settlor who
created inter vivos and testamentary trusts for members of the family
and such settlor died within the last six days of the fifth month in
1970, and the law in the jurisdiction in which such trust was created
requires all or a portion of the gross or net proceeds of any royalty or
other interest in oil, gas, or other mineral representing any percentage
depletion allowance to be allocated to the principal of the
trust.
`(B) Carrybacks and carryforwards-
`(i) IN GENERAL- If any amount is disallowed as a deduction for the
taxable year (in this subparagraph referred to as the `unused depletion
year') by reason of application of subparagraph (A), the disallowed
amount shall be treated as an amount allowable as a deduction under
subsection (c) for--
`(I) each of the 10 taxable years preceding the unused depletion
year, and
`(II) the taxable year following the unused depletion
year,
subject to the application of subparagraph (A) to such taxable
year.
`(ii) ELECTION TO WAIVE CARRYBACK- Any taxpayer may elect to waive
any carryback under clause (i) to any of the taxable years to which the
carryback may otherwise be carried. A taxpayer making an election under
this clause with respect to any taxable year may revoke such election in
any succeeding taxable year in such manner as the Secretary may
prescribe.
`(C) ALLOCATION OF DISALLOWED AMOUNTS- For purposes of basis
adjustments and determining whether cost depletion exceeds percentage
depletion with respect to the production from a property, any amount
disallowed as a deduction on the application of this paragraph shall be
allocated to the respective properties from which the oil or gas was
produced in proportion to the percentage depletion otherwise allowable to
such properties under subsection (c).'
(1) IN GENERAL- The amendment made by this section shall apply to
taxable years beginning after December 31, 2000, and to any taxable year
beginning on or before such date to the extent necessary to apply section
613A(d)(1) of the Internal Revenue Code of 1986 (as amended by subsection
(a)).
(2) WAIVER OF LIMITATIONS- If refund or credit of any overpayment of tax
resulting from the application of the amendment made by this section is
prevented at any time before the close of the 1-year period beginning on the
date of the enactment of this Act by the operation of any law or rule of law
(including res judicata), such refund or credit may nevertheless be made or
allowed if claimed therefor is filed before the close of such period.
SEC. 912. NET INCOME LIMITATION ON PERCENTAGE DEPLETION REPEALED FOR OIL AND
GAS PROPERTIES.
(a) IN GENERAL- Section 613(a) (relating to percentage depletion) is
amended by striking the second sentence and inserting: `Except in the case of
oil and gas properties, such allowance shall not exceed 50 percent of the
taxpayer's taxable income from the property (computed without allowances for
depletion).'
(b) Conforming Amendments-
(1) Section 613A(c)(7) (relating to special rules) is amended by
striking subparagraph (C) and redesignating subparagraph (D) as subparagraph
(C).
(2) Section 613A(c)(6) (relating to oil and natural gas produced from
marginal properties) is amended by striking subparagraph (H).
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
taxable years beginning after December 31, 2000.
SEC. 913. DETERMINATION OF SMALL REFINER EXCEPTION TO OIL DEPLETION
DEDUCTION.
(a) IN GENERAL- Paragraph (4) of section 613A(d) (relating to certain
refiners excluded) is amended to read as follows:
`(4) CERTAIN REFINERS EXCLUDED- If the taxpayer or related person
engages in the refining of crude oil, subsection (c) shall not apply to the
taxpayer for a taxable year if the average daily refinery runs of the
taxpayer and the related person for the taxable year exceed 50,000 barrels.
For purposes of this paragraph, the average daily refinery runs for any
taxable year shall be determined by dividing the aggregate refinery runs for
the taxable year by the number of days in the taxable year.'
(b) EFFECTIVE DATE- The amendment made by this section shall apply to
taxable years beginning after December 31, 2000.
PART III--EXPENSING
SEC. 916. ELECTION TO EXPENSE GEOLOGICAL AND GEOPHYSICAL EXPENDITURES AND
DELAY RENTAL PAYMENTS.
(a) PURPOSE- The purpose of this section is to recognize that geological
and geophysical expenditures and delay rentals are ordinary and necessary
business expenses that should be deducted in the year the expense is
incurred.
(b) Election To Expense Geological and Geophysical Expenditures-
(1) IN GENERAL- Section 263 (relating to capital expenditures) is
amended by adding at the end the following new subsection:
`(j) GEOLOGICAL AND GEOPHYSICAL EXPENDITURES FOR DOMESTIC OIL AND GAS
WELLS- Notwithstanding subsection (a), a taxpayer may elect to treat
geological and geophysical expenses incurred in connection with the
exploration for, or development of, oil or gas within the United States (as
defined in section 638) as expenses which are not chargeable to capital
account. Any expenses so treated shall be allowed as a deduction in the
taxable year in which paid or incurred.'
(2) CONFORMING AMENDMENT- Section 263A(c)(3) is amended by inserting
`263(j),' after `263(i),'.
(A) IN GENERAL- The amendments made by this subsection shall apply to
expenses paid or incurred after the date of the enactment of this
Act.
(B) TRANSITION RULE- In the case of any expenses described in section
263(j) of the Internal Revenue Code of 1986, as added by this subsection,
which were paid or incurred on or before the date of the enactment of this
Act, the taxpayer may elect, at such time and in such manner as the
Secretary of the Treasury may prescribe, to amortize the suspended portion
of such expenses over the 36-month period beginning with the month in
which the date of the enactment of this Act occurs. For purposes of this
subparagraph, the suspended portion of any expense is that portion of such
expense which, as of the first day of the 36-month period, has not been
included in the cost of a property or otherwise deducted.
(c) ELECTION TO EXPENSE DELAY RENTAL PAYMENTS-
(1) IN GENERAL- Section 263 (relating to capital expenditures), as
amended by subsection (b)(1), is amended by adding at the end the following
new subsection:
`(k) DELAY RENTAL PAYMENTS FOR DOMESTIC OIL AND GAS WELLS-
`(1) IN GENERAL- Notwithstanding subsection (a), a taxpayer may elect to
treat delay rental payments incurred in connection with the development of
oil or gas within the United States (as defined in section 638) as payments
which are not chargeable to capital account. Any payments so treated shall
be allowed as a deduction in the taxable year in which paid or
incurred.
`(2) DELAY RENTAL PAYMENTS- For purposes of paragraph (1), the term
`delay rental payment' means an amount paid for the privilege of deferring
the drilling of an oil or gas well under an oil or gas lease.'
(2) CONFORMING AMENDMENT- Section 263A(c)(3), as amended by subsection
(b)(2), is amended by inserting `263(k),' after `263(j),'.
(A) IN GENERAL- The amendments made by this subsection shall apply to
payments made or incurred after the date of the enactment of this
Act.
(B) TRANSITION RULE- In the case of any expenses described in section
263(k) of the Internal Revenue Code of 1986, as added by this subsection,
which were paid or incurred on or before the date of the enactment of this
Act, the taxpayer may elect, at such time and in such manner as the
Secretary of the Treasury may prescribe, to amortize the suspended portion
of such expenses over the 36-month period beginning with the month in
which the date of the enactment of this Act occurs. For purposes of this
subparagraph, the suspended portion of any expense is that portion of such
expense which, as of the first day of the 36-month period, has not been
included in the cost of a property or otherwise deducted.
PART IV--DEPRECIATION
SEC. 921. OIL AND GAS PIPELINES TREATED AS 7-YEAR PROPERTY.
(a) IN GENERAL- Subparagraph (C) of section 168(e)(3) (relating to
classification of certain property) is amended by redesignating clause (ii) as
clause (iii) and by inserting after clause (i) the following new clause:
`(ii) any oil and gas pipeline, and'.
(b) OIL AND GAS PIPELINE- Subsection (i) of section 168 is amended by
adding at the end the following new paragraph:
`(15) OIL AND GAS PIPELINE- The term `oil and gas pipeline' means the
pipe, storage facilities, equipment, distribution infrastructure, and
appurtenances used to deliver oil, natural gas, crude oil, or crude oil
products.'
(1) IN GENERAL- The amendments made by this section shall apply to
property placed in service on or after the date of the enactment of this
Act.
(2) GAS GATHERING LINES- In the case of gas gathering lines, such
amendments shall, at the election of the taxpayer, also apply to property
placed in service before such date. For purposes of the preceding sentence,
a gas gathering line includes the pipe, storage facilities, equipment, and
appurtenances used to deliver natural gas from the wellhead or a common
point to the point at which such gas first reaches a gas processing plant,
an interconnection with a transmission pipeline, or a direct interconnection
with a local distribution company, a gas storage facility, or an industrial
consumer.
(3) ACCOUNTING RULE FOR PUBLIC UTILITY PROPERTY- If any oil and gas
pipeline is public utility property (as defined in section 46(f)(5) of the
Internal Revenue Code of 1986, as in effect on the day before the date of
the enactment of the Revenue Reconciliation Act of 1990), the amendments
made by this section shall only apply to such property if, with respect to
such property, the taxpayer uses a normalization method of accounting.
SEC. 922. CLASS LIFE FOR PETROLEUM STORAGE FACILITIES.
(1) IN GENERAL- Subparagraph (C) of section 168(e)(3), as amended by
this Act, is amended by striking `and' at the end of clause (ii), by
redesignating clause (iii) as clause (iv), and by adding after clause (ii)
the following:
`(iii) any section 1245 property described in section 1245(a)(3)(E)
other than property to which section 179(b)(5) applies,
and'.
(2) CONFORMING AMENDMENT- Subparagraph (B) of section 168(g)(3)
(relating to special rules for determining class life) is amended by
inserting after the item relating to subparagraph (C)(i) in the table
contained therein the following new item:
`(C)(iii)
--10'.
(b) FULL EXPENSING OF HEATING OIL, NATURAL GAS, AND PROPANE STORAGE
FACILITY- Section 179(b) (relating to limitations) is amended by adding at the
end the following new paragraph:
`(5) FULL EXPENSING OF HEATING OIL, NATURAL GAS, AND PROPANE STORAGE
FACILITY- Paragraphs (1) and (2) shall not apply to section 179 property
which is any storage facility (not including a building or its structural
components) used in connection with the distribution of heating oil, natural
gas, or liquefied petroleum gas.'
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
property which is placed in service on or after the date of enactment of this
Act. A taxpayer may elect (in such form and manner as the Secretary of the
Treasury may prescribe) to have such amendments apply with respect to any
property placed in service before such date.
SEC. 923. CLASS LIFE FOR PETROLEUM REFINERIES.
(1) IN GENERAL- Subparagraph (C) of section 168(e)(3) (relating to
classification of certain property), as amended by this Act, is amended by
striking `and' at the end of clause (iii), by redesignating clause (iv) as
clause (v), and by adding at the end the following new clause:
`(iv) any petroleum refining assets, and'.
(2) CONFORMING AMENDMENT- Subparagraph (B) of section 168(g)(3)
(relating to special rules for determining class life) is amended by
inserting after the item relating to subparagraph (C)(iii) in the table
contained therein the following new item:
`(C)(iv)
--10'.
(b) ASSETS USED IN PETROLEUM REFINING- Subsection (i) of section 168 is
amended by adding at the end the following new paragraph:
`(16) ASSETS USED IN PETROLEUM REFINING- The term `petroleum refining
assets' means assets used for the distillation, fractionation, and catalytic
cracking of crude petroleum into gasoline and other petroleum
products.'
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
property which is placed in service on or after the date of enactment of this
Act.
PART V--OFFSHORE OIL AND GAS VESSELS AND STRUCTURES
SEC. 931. ACCELERATED DEPRECIATION.
(1) IN GENERAL- Subparagraph (C) of section 168(e)(3) (relating to
classification of certain property), as amended by this Act, is amended by
striking `and' at the end of clause (iv), by redesignating clause (v) as
clause (vi), and by adding at the end the following new clause:
`(v) a vessel of at least 10,000 gross tons, or any type of structure of
at least 10,000 tons, that is owned by a drilling company and used to
explore for, drill for, or produce offshore oil and gas, if that vessel or
structure was constructed or reconstructed in the United States, and'.
(2) CONFORMING AMENDMENT- Subparagraph (B) of section 168(g)(3)
(relating to special rules for determining class life) is amended by
inserting after the item relating to subparagraph (C)(iv) in the table
contained therein the following new item:
`(C)(v)
--10'.
(3) DRILLING COMPANY DEFINED- Section 168(i) is amended by adding at the
end the following new paragraph:
`(17) DRILLING COMPANY- The term `drilling company' means a person
engaged in the business of exploration, development, or production of oil
and gas.'
(b) EFFECTIVE DATE- The amendments made by this section shall apply to
vessels and structures placed in service after December 31, 2000, and
constructed or reconstructed under a contract executed before January 1,
2007.
SEC. 932. TAX CREDIT.
(1) CREDIT FOR CERTAIN VESSELS AND STRUCTURES- Section 48(a)(3)(A)
(relating to the energy tax credit) is amended--
(A) by striking `or' at the end of clause (i);
(B) by adding `or' at the end of clause (ii); and
(C) by adding at the end the following new clause:
`(iii) a vessel of at least 10,000 gross tons, or any type of
structure of at least 10,000 tons, that is owned by a drilling company
and used to explore for, drill for, or produce oil and gas, if that
vessel or structure was constructed or reconstructed in the United
States,'.
(2) DRILLING COMPANY DEFINED- Section 48(a)(3) is amended by adding at
the end the following new sentence: `The term `drilling company' means a
person engaged in the business of exploration, development, or production of
oil and gas.'
(b) EFFECTIVE DATE- The amendments made by this section shall apply to
vessels and structures placed in service after December 31, 2000, and
constructed or reconstructed under a contract executed before January 1,
2007.
SEC. 933. CAPITAL CONSTRUCTION FUNDS FOR UNITED STATES-BUILT DRILLING
VESSELS.
(a) Amendments to Merchant Marine Act, 1936-
(1) CHANGES IN VESSELS TO WHICH CAPITAL CONSTRUCTION FUNDS APPLY-
(A) The second sentence of section 607(a) of the Merchant Marine Act,
1936 (46 U.S.C. App. 1177(a)), is amended by striking `for operation in
the United States foreign, Great Lakes, or noncontiguous domestic trade or
in the fisheries of the United States' and inserting "for the operation in
the fisheries of the United States, or in the United States foreign, Great
Lakes, or noncontiguous domestic trade, or for operation as an oil and gas
drilling vessel in the United States foreign or domestic
commerce,'.
(B) Section 607(k)(1) of that Act (46 U.S.C. App. 1177(k)(1)) is
amended by inserting `, including an oil and gas drilling vessel' after
`means any vessel'.
(C) Subparagraph (C) of section 607(k)(2) of that Act (46 U.S.C. App.
1177(k)(2)) is amended to read as follows:
`(C) which the person maintaining the fund agrees with the Secretary
will be operated in the fisheries of the United States, in the United
States foreign, Great Lakes, or non-contiguous domestic trade, or, in the
case of an oil and gas drilling vessel, in the foreign or domestic
commerce of the United States.'
(D) Section 607(k) of that Act (46 U.S.C. App. 1177(k)) is amended by
adding at the end the following new paragraph:
`(10) The term `oil and gas drilling vessel' means a vessel constructed
or reconstructed that is at least 10,000 gross tons and is used to explore
for, drill for, or produce oil and gas.'
(2) TREATMENT OF CERTAIN LEASE PAYMENTS-
(A) Section 607(f)(1) of the Merchant Marine Act, 1936 (46 U.S.C. App.
1171(f)(1)), is amended--
(i) by striking `or' at the end of subparagraph (B);
(ii) by striking the period at the end of subparagraph (C) and
inserting `, or'; and
(iii) by inserting after subparagraph (C) the following new
subparagraph:
`(D) the payment of amounts which reduce the principal amount (as
determined under regulations promulgated by the Secretary) of a qualified
lease of a qualified vessel or container which is part of the complement
of a qualified vessel.'
(B) Section 607(g)(4) of that Act (46 U.S.C. App. 1171(g)(4)) is
amended by inserting `or to reduce the principal amount of any qualified
lease' after `indebtedness'.
(C) Section 607(k) of that Act (46 U.S.C. App. 1171(k)), as previously
amended in this Act, is further amended by adding at the end the following
new paragraph:
`(11) The term `qualified lease' means any lease with a term of at least
5 years.'
(3) TREATMENT OF CAPITAL GAINS AND LOSSES-
(A) Section 607(e)(3) of the Merchant Marine Act, 1936 (46 U.S.C. App.
1177(e)(3)), is amended to read as follows:
`(3) The capital gain account shall consist of--
`(A) amounts representing long-term capital gains (as defined in
section 1222 of such Code) on assets referred to in subsection (b)(1)(C),
reduced by,
`(B) amounts representing long-term capital losses (as defined in such
section 1222) on assets held in the fund.'
(B) Section 607(e)(4)(B) of that Act (46 U.S.C. App. 1177(e)(4)(B)) is
amended to read as follows:
`(B)(i) amounts representing short-term capital gains (as defined in
section 1222 of such Code) on assets referred to in subsection (b)(1)(C),
reduced by,
`(ii) amounts representing short-term capital losses (as defined in
such section 1222) on assets held in the fund,'.
(C) Section 607(h)(3)(B) of that Act (46 U.S.C. App. 1177(h)(3)(B)) is
amended by striking `gain' and all that follows and inserting "long-term
capital gain (as defined in section 1222 of such Code), and'.
(D) The last sentence of section 607(h)(6)(A) of that Act (46 U.S.C.
App. 1177(h)(6)(A)) is amended by striking `20 percent (34 percent in the
case of a corporation)' and inserting 'the rate applicable to net capital
gain under section 1(h) or 1201(a) of such Code, as the case may
be'.
(4) COMPUTATION OF INTEREST WITH RESPECT TO NONQUALIFIED
WITHDRAWALS-
(A) Section 607(h)(3)(C) of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1177(h)(3)(C)), is amended--
(i) by amending clause (i) to read as follows:
`(i) no addition to the tax shall be payable under section 6651 of
such Code,'; and
(ii) in clause (ii), by striking `paid at the applicable rate (as
defined in paragraph (4))' and inserting `paid in accordance with
section 6601 of such Code'.
(B) Section 607(h) of that Act (46 U.S.C. App. 1177(h)) is amended by
striking paragraph (4) and by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively.
(C) Section 607(h)(5)(A) of that Act (46 U.S.C. App. 1177(h)(5)(A)),
as so redesignated by paragraph (2) of this subsection, is amended by
striking `paragraph (5)' and inserting `paragraph (4)'.
(5) OTHER CHANGES- Section 607 of the Merchant Marine Act, 1936 (46
U.S.C. App. 1177) is amended by striking `Internal Revenue Code of 1954'
each place it appears and inserting `Internal Revenue Code of 1986'.
(b) Amendments to Internal Revenue Code of 1986-
(1) TREATMENT OF CERTAIN LEASE PAYMENTS-
(A) Section 7518(e)(1) (relating to purposes of qualified withdrawals)
is amended--
(i) by striking `or' at the end of subparagraph (B);
(ii) by striking the period at the end of subparagraph (C) and
inserting `, or'; and
(iii) by inserting after subparagraph (C) the following new
subparagraph:
`(D) the payment of amounts which reduce the principal amount (as
determined under regulations) of a qualified lease of a qualified vessel
or container which is part of the complement of a qualified
vessel.'
(B) Section 7518(f)(4) is amended by inserting `or to reduce the
principal amount of any qualified lease' after `indebtedness'.
(2) TREATMENT OF CAPITAL GAINS AND LOSSES-
(A) Section 7518(d)(3) is amended to read as follows:
`(3) CAPITAL GAIN ACCOUNT- The capital gain account shall consist
of--
`(A) amounts representing long-term capital gain (as defined in
section 1222) on assets referred to in subsection (a)(1)(C), reduced
by,
`(B) amounts representing long-term capital loss (as defined in
section 1222) on assets held in the fund.'
(B) Section 7518(d)(4)(B) is amended to read as follows:
`(B)(i) amounts representing short-term capital gain (as defined in
section 1222) on assets referred to in subsection (a)(1)(C), reduced
by,
`(ii) amounts representing short-term capital loss (as defined in
section 1222) on assets held in the fund,'.
(C) Section 7518(g)(3)(B) is amended by striking `gain' and all that
follows and inserting `long-term capital gain (as defined in section
1222), and'.
(D) The last sentence of section 7518(g)(6)(A) is amended by striking
`20 percent (34 percent in the case of a corporation)' and inserting `the
rate applicable to net capital gain under section 1(h) or 1201(a), as the
case may be'.
(3) COMPUTATION OF INTEREST WITH RESPECT TO NONQUALIFIED
WITHDRAWALS-
(A) Section 7518(g)(3)(C) is amended--
(i) by striking clause (i) and inserting the following new
clause:
`(i) no addition to the tax shall be payable under section 6651,';
and
(ii) in clause (ii), by striking `paid at the applicable rate (as
defined in paragraph (4))' and inserting `paid in accordance with
section 6601'.
(B) Section 7518(g) is amended by striking paragraph (4) and by
redesignating paragraphs (5) and (6) as paragraphs (4) and (5),
respectively.
(C) Section 7518(g)(5)(A), as redesignated by paragraph (2) of this
subsection, is amended by striking `paragraph (5)' and inserting
`paragraph (4)'.
(4) APPLICABILITY OF ALTERNATIVE MINIMUM TAX- Section 56(c) is amended
by striking paragraph (2) and by redesignating paragraph (3) as paragraph
(2).
(1) Section 7518(i) is amended by striking `enactment of this section'
and inserting `enactment of the Energy Security Tax Policy Act of
2001'.
(2) Section 543(a)(1)(B) is amended to read as follows:
`(B) interest on amounts set aside in a capital construction fund
under section 607 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1177),
or in a construction reserve fund under section 511 of such Act (46 App.
U.S.C. 1161),'.
(1) 46 CFR PART 390- Not later than 90 days after the date of the
enactment of this Act, the Secretary of Transportation shall promulgate
final regulations implementing the amendments made by subsection
(a)(1).
(2) JOINT REGULATIONS- The amendments made by paragraphs (2) through (4)
of subsection (a) shall be implemented under revised joint regulations
promulgated by the Secretary of Transportation and the Secretary of the
Treasury.
(1) IN GENERAL- Except as otherwise provided in this subsection, the
amendments made by this section shall apply as of the date of the enactment
of this Act.
(2) CHANGES IN COMPUTATION OF INTEREST- The amendments made by
subsections (a)(4) and (b)(3) shall apply to withdrawals made after December
31, 2000, including for purposes of computing interest on such a withdrawal
for periods on or before such date.
(3) QUALIFIED LEASES- The amendments made by subsections (a)(2) and
(b)(1) shall apply to leases in effect on, or entered into after, December
31, 2000.
Subtitle B--Provisions Relating to Coal
PART I--CREDIT FOR EMISSION REDUCTIONS AND EFFICIENCY IMPROVEMENTS IN
EXISTING COAL-BASED ELECTRICITY GENERATION FACILITIES
SEC. 941. CREDIT FOR INVESTMENT IN QUALIFYING CLEAN COAL TECHNOLOGY.
(a) ALLOWANCE OF QUALIFYING CLEAN COAL TECHNOLOGY UNIT CREDIT- Section 46
(relating to amount of credit) is amended by striking `and' at the end of
paragraph (2), by striking the period at the end of paragraph (3) and
inserting `, and', and by adding at the end the following:
`(4) the qualifying clean coal technology unit credit.'
(b) AMOUNT OF QUALIFYING CLEAN COAL TECHNOLOGY UNIT CREDIT- Subpart E of
part IV of subchapter A of chapter 1 (relating to rules for computing
investment credit) is amended by inserting after section 48 the following:
`SEC. 48A. QUALIFYING CLEAN COAL TECHNOLOGY UNIT CREDIT.
`(a) IN GENERAL- For purposes of section 46, the qualifying clean coal
technology unit credit for any taxable year is an amount equal to 10 percent
of the qualified investment in a qualifying system of continuous emission
control for such taxable year.
`(b) QUALIFYING SYSTEM OF CONTINUOUS EMISSION CONTROL-
`(1) IN GENERAL- For purposes of subsection (a), the term `qualifying
system of continuous emission control' means a system of the taxpayer
which--
`(A) serves, is added to, or retrofits an existing coal-based
electricity generation unit, the construction, installation, or
retrofitting of which is completed by the taxpayer (but only with respect
to that portion of the basis which is properly attributable to such
construction, installation, or retrofitting),
`(B) removes or reduces 1 or more of the pollutants regulated under
title I of the Clean Air Act (42 U.S.C. 7401 et seq.),
`(C) is depreciable under section 167,
`(D) has a useful life of not less than 4 years, and
`(E) is located in the United States.
`(2) SPECIAL RULE FOR SALE-LEASEBACKS- For purposes of subparagraph (A)
of paragraph (1), in the case of a unit which--
`(A) is originally placed in service by a person, and
`(B) is sold and leased back by such person, or is leased to such
person, within 3 months after the date such unit was originally placed in
service, for a period of not less than 12 years,
such unit shall be treated as originally placed in service not earlier
than the date on which such property is used under the leaseback (or lease)
referred to in subparagraph (B). The preceding sentence shall not apply to
any property if the lessee and lessor of such property make an election
under this sentence. Such an election, once made, may be revoked only with
the consent of the Secretary.
`(c) EXISTING COAL-BASED ELECTRICITY GENERATION UNIT- For purposes of
subsection (a), the term `existing coal-based electricity generating unit'
means, with respect to any taxable year, a steam generator-turbine unit that
uses coal to produce 75 percent or more of its output as electricity and was
in operation before the effective date of this section.
`(d) LIMIT ON QUALIFYING CLEAN COAL TECHNOLOGY UNIT CREDIT- For purposes
of subsection (a), the credit shall be applicable to not more than the first
$100,000,000 of qualifying investment in a qualifying system of continuous
emission control at any 1 existing coal-based electricity generating unit.
`(e) QUALIFIED INVESTMENT- For purposes of subsection (a), the term
`qualified investment' means, with respect to any taxable year, the basis of a
qualifying system of continuous emission control placed in service by the
taxpayer during such taxable year.
`(f) QUALIFIED PROGRESS EXPENDITURES-
`(1) INCREASE IN QUALIFIED INVESTMENT- In the case of a taxpayer who has
made an election under paragraph (5), the amount of the qualified investment
of such taxpayer for the taxable year (determined under subsection (e)
without regard to this subsection) shall be increased by an amount equal to
the aggregate of each qualified progress expenditure for the taxable year
with respect to progress expenditure property.
`(2) PROGRESS EXPENDITURE PROPERTY DEFINED- For purposes of this
subsection, the term `progress expenditure property' means any property
being constructed by or for the taxpayer and which it is reasonable to
believe will qualify as a qualifying system of continuous emission control
which is being constructed by or for the taxpayer when it is placed in
service.
`(3) QUALIFIED PROGRESS EXPENDITURES DEFINED- For purposes of this
subsection--
`(A) SELF-CONSTRUCTED PROPERTY- In the case of any self-constructed
property, the term `qualified progress expenditures' means the amount
which, for purposes of this subpart, is properly chargeable (during such
taxable year) to capital account with respect to such property.
`(B) NONSELF-CONSTRUCTED PROPERTY- In the case of nonself-constructed
property, the term `qualified progress expenditures' means the amount paid
during the taxable year to another person for the construction of such
property.
`(4) OTHER DEFINITIONS- For purposes of this subsection--
`(A) SELF-CONSTRUCTED PROPERTY- The term `self-constructed property'
means property for which it is reasonable to believe that more than half
of the construction expenditures will be made directly by the
taxpayer.
`(B) NONSELF-CONSTRUCTED PROPERTY- The term `nonself-constructed
property' means property which is not self-constructed property.
`(C) CONSTRUCTION, ETC- The term `construction' includes
reconstruction and erection, and the term `constructed' includes
reconstructed and erected.
`(D) ONLY CONSTRUCTION OF QUALIFYING SYSTEM OF CONTINUOUS EMISSION
CONTROL TO BE TAKEN INTO ACCOUNT- Construction shall be taken into account
only if, for purposes of this subpart, expenditures therefore are properly
chargeable to capital account with respect to the property.
`(5) ELECTION- An election under this subsection may be made at such
time and in such manner as the Secretary may by regulations prescribe. Such
an election shall apply to the taxable year for which made and to all
subsequent taxable years. Such an election, once made, may not be revoked
except with the consent of the Secretary.
`(g) COORDINATION WITH OTHER CREDITS- This section shall not apply to any
property with respect to which the rehabilitation credit under section 47 or
the energy credit under section 48 is allowed unless the taxpayer elects to
waive the application of such credit to such property.
`(h) TERMINATION- This section shall not apply with respect to any
qualified investment made more than 10 years after the effective date of this
section.'
(c) RECAPTURE- Section 50(a) (relating to other special rules) is amended
by adding at the end the following:
`(6) SPECIAL RULES RELATING TO QUALIFYING SYSTEM OF CONTINUOUS EMISSION
CONTROL- For purposes of applying this subsection in the case of any credit
allowable by reason of section 48A, the following shall apply:
`(A) GENERAL RULE- In lieu of the amount of the increase in tax under
paragraph (1), the increase in tax shall be an amount equal to the
investment tax credit allowed under section 38 for all prior taxable years
with respect to a qualifying system of continuous emission control (as
defined by section 48A(b)(1)) multiplied by a fraction whose numerator is
the number of years remaining to fully depreciate under this title the
qualifying system of continuous emission control disposed of, and whose
denominator is the total number of years over which such unit would
otherwise have been subject to depreciation. For purposes of the preceding
sentence, the year of disposition of the qualifying system of continuous
emission control property shall be treated as a year of remaining
depreciation.
`(B) PROPERTY CEASES TO QUALIFY FOR PROGRESS EXPENDITURES- Rules
similar to the rules of paragraph (2) shall apply in the case of qualified
progress expenditures for a qualifying system of continuous emission
control under section 48A, except that the amount of the increase in tax
under subparagraph (A) of this paragraph shall be substituted in lieu of
the amount described in such paragraph (2).
`(C) APPLICATION OF PARAGRAPH- This paragraph shall be applied
separately with respect to the credit allowed under section 38 regarding a
qualifying system of continuous emission control.'
(d) TRANSITIONAL RULE- Section 39(d) (relating to transitional rules) is
amended by adding at the end the following:
`(10) NO CARRYBACK OF SECTION 48A CREDIT BEFORE EFFECTIVE DATE- No
portion of the unused business credit for any taxable year which is
attributable to the qualifying clean coal technology unit credit determined
under section 48A may be carried back to a taxable year ending before the
date of enactment of section 48A.'
(e) TECHNICAL AMENDMENTS-
(1) Section 49(a)(1)(C) is amended by striking `and' at the end of
clause (ii), by striking the period at the end of clause (iii) and inserting
`, and', and by adding at the end the following:
`(iv) the portion of the basis of any qualifying system of
continuous emission control attributable to any qualified investment (as
defined by section 48A(e)).'
(2) Section 50(a)(4) is amended by striking `and (2)' and inserting `,
(2), and (6)'.
(3) Section 50(c) is amended by adding at the end the following:
`(6) NONAPPLICATION- Paragraphs (1) and (2) shall not apply to any
qualifying clean coal technology unit credit under section 48A.'
(4) The table of sections for subpart E of part IV of subchapter A of
chapter 1 is amended by inserting after the item relating to section 48 the
following:
`48A. Qualifying clean coal technology unit credit.'
(f) INSTALLATIONS NOT SUBJECT TO NEW SOURCE REVIEW, ETC-
(1) EXEMPTION FROM NEW SOURCE REVIEW- The installation of a qualifying
system of continuous emission control (as defined in section 48A(b)(1) of
the Internal Revenue Code of 1986, as added by subsection (b)), shall be
exempt from the new source review provisions of the Clean Air Act (42 U.S.C.
7401 et seq.).
(2) EXEMPTION FROM EMISSION CONTROL REQUIREMENTS- The installation of a
qualifying system of continuous emission control (as so defined) on an
existing coal-based electricity generating unit, which meets or exceeds, for
the applicable source category and pollutant being controlled by such
qualified system, the standard of performance for new stationary sources,
shall exempt the existing unit from any new or increased emission control
requirements for the pollutant being controlled by such qualified system
under title I of the Clean Air Act (42 U.S.C. 7401 et seq.) for a period of
10 years after the date such qualified system is originally placed in
service.
(g) EFFECTIVE DATE- The amendments made by this section shall apply to
periods after December 31, 2000, under rules similar to the rules of section
48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the
date of enactment of the Revenue Reconciliation Act of 1990).
SEC. 942. CREDIT FOR PRODUCTION FROM A QUALIFYING CLEAN COAL TECHNOLOGY
UNIT.
(a) CREDIT FOR PRODUCTION FROM A QUALIFYING CLEAN COAL TECHNOLOGY UNIT-
Subpart D of part IV of subchapter A of chapter 1 (relating to business
related credits), as amended by this Act, is amended by adding at the end the
following:
`SEC. 45F. CREDIT FOR PRODUCTION FROM A QUALIFYING CLEAN COAL TECHNOLOGY
UNIT.
`(a) GENERAL RULE- For purposes of section 38, the qualifying clean coal
technology production credit of any taxpayer for any taxable year is equal to
the product of--
`(1) the applicable amount of clean coal technology production credit,
multiplied by
`(2) the kilowatt hours of electricity produced by the taxpayer during
such taxable year at a qualifying clean coal technology unit during the
10-year period beginning on the date the unit was returned to service after
retrofit, repowering, or replacement.
`(1) IN GENERAL- For purposes of this section, the applicable amount of
clean coal technology production credit is equal to $0.0034.
`(2) INFLATION ADJUSTMENT FACTOR- For calendar years after 2001, the
applicable amount of clean coal technology production credit shall be
adjusted by multiplying such amount by the inflation adjustment factor for
the calendar year in which the amount is applied. If any amount as increased
under the preceding sentence is not a multiple of 0.01 cent, such amount
shall be rounded to the nearest multiple of 0.01 cent.
`(c) DEFINITIONS AND SPECIAL RULES- For purposes of this section--
`(1) QUALIFYING CLEAN COAL TECHNOLOGY UNIT- The term `qualifying clean
coal technology unit' means a unit of the taxpayer which--
`(A) is an existing coal-based electricity generating steam
generator-turbine unit,
`(B) has a nameplate capacity rating of not more than 300,000
kilowatts, and
`(C) has been retrofitted, repowered, or replaced with a clean coal
technology within 10 years of the effective date of this section.
`(2) CLEAN COAL TECHNOLOGY- The term `clean coal technology' means
technology which--
`(A) uses coal to produce 50 percent or more of its thermal output as
electricity, including advanced pulverized coal or atmospheric fluidized
bed combustion, pressurized fluidized bed combustion, integrated
gasification combined cycle, or any other technology for the production of
electricity,
`(B) has a design heat rate not less than 500 Btu/kWh below that of
the existing unit before it is retrofit, repowered, or replaced with the
qualifying clean coal technology,
`(C) has a maximum design heat rate of not more than 9,000 Btu/kWh
when the design coal has a heat content of more than 8,000 Btu per pound,
and
`(D) has a maximum design heat rate of not more than 10,500 Btu/kWh
when the design coal has a heat content of 8,000 Btu per pound or
less.
`(3) APPLICATION OF CERTAIN RULES- The rules of paragraphs (3), (4), and
(5) of section 45 shall apply.
`(4) INFLATION ADJUSTMENT FACTOR- The term `inflation adjustment factor'
means, with respect to a calendar year, a fraction the numerator of which is
the GDP implicit price deflator for the preceding calendar year and the
denominator of which is the GDP implicit price deflator for the calendar
year 2000.
`(5) GDP IMPLICIT PRICE DEFLATOR- The term `GDP implicit price deflator'
means the most recent revision of the implicit price deflator for the gross
domestic product as computed by the Department of Commerce before March 15
of the calendar year.
`(d) COORDINATION WITH OTHER CREDITS- This section shall not apply to any
property with respect to which the qualifying clean coal technology unit
credit under section 48A is allowed unless the taxpayer elects to waive the
application of such credit to such property.'
(b) CREDIT TREATED AS BUSINESS CREDIT- Section 38(b) is amended by
striking `plus' at the end of paragraph (13), by striking the period at the
end of paragraph (14) and inserting `, plus', and by adding at the end the
following:
`(15) the qualifying clean coal technology production credit determined
under section 45F(a).'
(c) TRANSITIONAL RULE- Section 39(d) (relating to transitional rules), as
amended by this Act, is amended by adding at the end the following:
`(11) NO CARRYBACK OF SECTION 45F CREDIT BEFORE EFFECTIVE DATE- No
portion of the unused business credit for any taxable year which is
attributable to the qualifying clean coal technology production credit
determined under section 45F may be carried back to a taxable year ending
before the date of enactment of section 45F.'
(d) CLERICAL AMENDMENT- The table of sections for subpart D of part IV of
subchapter A of chapter 1 is amended by adding at the end the following:
`Sec. 45F. Credit for production from a qualifying clean coal technology
unit.'
(e) MODIFICATIONS AND INSTALLATIONS NOT SUBJECT TO NEW SOURCE REVIEW,
ETC-
(1) EXEMPTION FROM NEW SOURCE REVIEW- Modifications made to an existing
coal-based generation unit because of, or as part of a qualifying clean coal
technology unit (as defined in section 45F(c)(1) of the Internal Revenue
Code of 1986, as added by subsection (a)), shall be exempt from the new
source review provisions of the Clean Air Act (42 U.S.C. 7401 et
seq.).
(2) EXEMPTION FROM EMISSION CONTROL REQUIREMENTS- The installation of a
qualifying clean coal technology (as so defined) on an existing coal-based
electricity generating unit, which meets or exceeds, for the applicable
source category, the standard of performance for new stationary sources
under section 111 of the Clean Air Act (42 U.S.C. 7411), shall exempt the
existing unit from any new or increased emission control requirements under
title I of such Act (42 U.S.C. 7401 et seq.) for a period of 10 years after
the date the qualifying clean coal technology is originally placed in
service.
(f) EFFECTIVE DATE- The amendments made by this section shall apply to
production after the date of enactment of this Act.
PART II--INCENTIVES FOR EARLY COMMERCIAL APPLICATIONS OF ADVANCED CLEAN
COAL TECHNOLOGIES
SEC. 946. CREDIT FOR INVESTMENT IN QUALIFYING ADVANCED CLEAN COAL
TECHNOLOGY.
(a) ALLOWANCE OF QUALIFYING ADVANCED CLEAN COAL TECHNOLOGY FACILITY
CREDIT- Section 46 (relating to amount of credit), as amended by this Act, is
amended by striking `and' at the end of paragraph (3), by striking the period
at the end of paragraph (4) and inserting `, and', and by adding at the end
the following:
`(5) the qualifying advanced clean coal technology facility
credit.'
(b) AMOUNT OF QUALIFYING ADVANCED CLEAN COAL TECHNOLOGY FACILITY CREDIT-
Subpart E of part IV of subchapter A of chapter 1 (relating to rules for
computing investment credit), as amended by this Act, is amended by inserting
after section 48A the following:
`SEC. 48B. QUALIFYING ADVANCED CLEAN COAL TECHNOLOGY FACILITY CREDIT.
`(a) IN GENERAL- For purposes of section 46, the qualifying advanced clean
coal technology facility credit for any taxable year is an amount equal to 10
percent of the qualified investment in a qualifying advanced clean coal
technology facility for such taxable year.
`(b) QUALIFYING ADVANCED CLEAN COAL TECHNOLOGY FACILITY-
`(1) IN GENERAL- For purposes of subsection (a), the term `qualifying
advanced clean coal technology facility' means a facility of the
taxpayer--
`(A)(i)(I) which replaces a conventional technology facility of the
taxpayer and the original use of which commences with the taxpayer,
or
`(II) which is a retrofitted or repowered conventional technology
facility, the retrofitting or repowering of which is completed by the
taxpayer (but only with respect to that portion of the basis which is
properly attributable to such retrofitting or repowering), or
`(ii) which is acquired through purchase (as defined by section
179(d)(2)),
`(B) which is depreciable under section 167,
`(C) which has a useful life of not less than 4 years,
`(D) which is located in the United States, and
`(E) which uses qualifying advanced clean coal technology.
`(2) SPECIAL RULE FOR SALE-LEASEBACKS- For purposes of subparagraph (A)
of paragraph (1), in the case of a facility that--
`(A) is originally placed in service by a person, and
`(B) is sold and leased back by such person, or is leased to such
person, within 3 months after the date such facility was originally placed
in service, for a period of not less than 12 years,
such facility shall be treated as originally placed in service not
earlier than the date on which such property is used under the leaseback (or
lease) referred to in subparagraph (B). The preceding sentence shall not
apply to any property if the lessee and lessor of such property make an
election under this sentence. Such an election, once made, may be revoked
only with the consent of the Secretary.
`(3) QUALIFYING ADVANCED CLEAN COAL TECHNOLOGY- For purposes of
paragraph (1)--
`(A) IN GENERAL- The term `qualifying advanced clean coal technology'
means, with respect to clean coal technology--
`(i) multiple applications, with a combined capacity of not more
than 5,000 megawatts, of advanced pulverized coal or atmospheric
fluidized bed combustion technology--
`(I) installed as a new, retrofit, or repowering
application,
`(II) operated between 2001 and 2011, and
`(III) with a design net heat rate of not more than 9,500 Btu per
kilowatt hour when the design coal has a heat content of more than
8,000 Btu per pound, or a design net heat rate of not more than 9,900
Btu per kilowatt hour when the design coal has a heat content of 8,000
Btu per pound or less,
`(ii) multiple applications, with a combined capacity of not more
than 1,000 megawatts, of pressurized fluidized bed combustion
technology--
`(I) installed as a new, retrofit, or repowering
application,
`(II) operated between 2001 and 2011, and
`(III) with a design net heat rate of not more than 8,400 Btu per
kilowatt hour when the design coal has a heat content of more than
8,000 Btu per pound, or a design net heat rate of not more than 9,900
Btu's per kilowatt hour when the design coal has a heat content of
8,000 Btu per pound or less,
`(iii) multiple applications, with a combined capacity of not more
than 2,000 megawatts, of integrated gasification combined cycle
technology, with or without fuel or chemical co-production--
`(I) installed as a new, retrofit, or repowering
application,
`(II) operated between 2001 and 2011,
`(III) with a design net heat rate of not more than 8,550 Btu per
kilowatt hour when the design coal has a heat content of more than
8,000 Btu per pound, or a design net heat rate of not more than 9,900
Btu per kilowatt hour when the design coal has a heat content of 8,000
Btu per pound or less, and
`(IV) with a net thermal efficiency on any fuel or chemical
co-production of not less than 39 percent (higher heating value),
and
`(iv) multiple applications, with a combined capacity of not more
than 2,000 megawatts of technology for the production of
electricity--
`(I) installed as a new, retrofit, or repowering
application,
`(II) operated between 2001 and 2011, and
`(III) with a carbon emission rate that is not more than 85
percent of conventional technology.
`(B) EXCEPTIONS- Such term shall not include clean coal technology
projects receiving or scheduled to receive funding under the Clean Coal
Technology Program of the Department of Energy.
`(C) CLEAN COAL TECHNOLOGY- The term `clean coal technology' means
advanced technology which uses coal to produce 75 percent or more of its
thermal output as electricity including advanced pulverized coal or
atmospheric fluidized bed combustion, pressurized fluidized bed
combustion, integrated gasification combined cycle with or without fuel or
chemical co-production, and any other technology for the production of
electricity that exceeds the performance of conventional
technology.
`(D) CONVENTIONAL TECHNOLOGY- The term `conventional technology'
means--
`(i) coal-fired combustion technology with a design net heat rate of
not less than 9,500 Btu per kilowatt hour (HHV) and a carbon equivalents
emission rate of not more than 0.54 pounds of carbon per kilowatt hour
when the design coal has a heat content of more than 8,000 Btu per
pound,
`(ii) coal-fired combustion technology with a design net heat rate
of not less than 10,500 Btu per kilowatt hour (HHV) and a carbon
equivalents emission rate of not more than 0.60 pound of carbon per
kilowatt hour when the design coal has a heat content of 8,000 Btu per
pound or less, or
`(iii) natural gas-fired combustion technology with a design net
heat rate of not less than 7,500 Btu per kilowatt hour (HHV) and a
carbon equivalents emission rate of not more than 0.24 pound of carbon
per kilowatt hour.
`(E) DESIGN NET HEAT RATE- The design net heat rate shall be based on
the design annual heat input to and the design annual net electrical
output from the qualifying advanced clean coal technology (determined
without regard to such technology's co-generation of steam).
`(F) SELECTION CRITERIA- Selection criteria for clean coal technology
facilities--
`(i) shall be established by the Secretary of Energy as part of a
competitive solicitation,
`(ii) shall include primary criteria of minimum design net heat
rate, maximum design thermal efficiency, and lowest cost to the
government, and
`(iii) shall include supplemental criteria as determined appropriate
by the Secretary of Energy.
`(c) QUALIFIED INVESTMENT- For purposes of subsection (a), the term
`qualified investment' means, with respect to any taxable year, the basis of a
qualifying advanced clean coal technology facility placed in service by the
taxpayer during such taxable year.
`(d) QUALIFIED PROGRESS EXPENDITURES-
`(1) INCREASE IN QUALIFIED INVESTMENT- In the case of a taxpayer who has
made an election under paragraph (5), the amount of the qualified investment
of such taxpayer for the taxable year (determined under subsection (c)
without regard to this section) shall be increased by an amount equal to the
aggregate of each qualified progress expenditure for the taxable year with
respect to progress expenditure property.
`(2) PROGRESS EXPENDITURE PROPERTY DEFINED- For purposes of this
subsection, the term `progress expenditure property' means any property
being constructed by or for the taxpayer and which it is reasonable to
believe will qualify as a qualifying advanced clean coal technology facility
which is being constructed by or for the taxpayer when it is placed in
service.
`(3) QUALIFIED PROGRESS EXPENDITURES DEFINED- For purposes of this
subsection--
`(A) SELF-CONSTRUCTED PROPERTY- In the case of any self-constructed
property, the term `qualified progress expenditures' means the amount
which, for purposes of this subpart, is properly chargeable (during such
taxable year) to capital account with respect to such property.
`(B) NONSELF-CONSTRUCTED PROPERTY- In the case of nonself-constructed
property, the term `qualified progress expenditures' means the amount paid
during the taxable year to another person for the construction of such
property.
`(4) OTHER DEFINITIONS- For purposes of this subsection--
`(A) SELF-CONSTRUCTED PROPERTY- The term `self-constructed property'
means property for which it is reasonable to believe that more than half
of the construction expenditures will be made directly by the
taxpayer.
`(B) NONSELF-CONSTRUCTED PROPERTY- The term `nonself-constructed
property' means property which is not self-constructed property.
`(C) CONSTRUCTION, ETC- The term `construction' includes
reconstruction and erection, and the term `constructed' includes
reconstructed and erected.
`(D) ONLY CONSTRUCTION OF QUALIFYING ADVANCED CLEAN COAL TECHNOLOGY
FACILITY TO BE TAKEN INTO ACCOUNT- Construction shall be taken into
account only if, for purposes of this subpart, expenditures therefor are
properly chargeable to capital account with respect to the
property.
`(5) ELECTION- An election under this subsection may be made at such
time and in such manner as the Secretary may by regulations prescribe. Such
an election shall apply to the taxable year for which made and to all
subsequent taxable years. Such an election, once made, may not be revoked
except with the consent of the Secretary.
`(e) COORDINATION WITH OTHER CREDITS- This section shall not apply to any
property with respect to which the rehabilitation credit under section 47 or
the energy credit under section 48 is allowed unless the taxpayer elects to
waive the application of such credit to such property.
`(f) TERMINATION- This section shall not apply with respect to any
qualified investment made more than 10 years after the effective date of this
section.'
(c) RECAPTURE- Section 50(a) (relating to other special rules), as amended
by this Act, is amended by adding at the end the following:
`(7) SPECIAL RULES RELATING TO QUALIFYING ADVANCED CLEAN COAL TECHNOLOGY
FACILITY- For purposes of applying this subsection in the case of any credit
allowable by reason of section 48B, the following shall apply:
`(A) GENERAL RULE- In lieu of the amount of the increase in tax under
paragraph (1), the increase in tax shall be an amount equal to the
investment tax credit allowed under section 38 for all prior taxable years
with respect to a qualifying advanced clean coal technology facility (as
defined by section 48B(b)(1)) multiplied by a fraction whose numerator is
the number of years remaining to fully depreciate under this title the
qualifying advanced clean coal technology facility disposed of, and whose
denominator is the total number of years over which such facility would
otherwise have been subject to depreciation. For purposes of the preceding
sentence, the year of disposition of the qualifying advanced clean coal
technology facility property shall be treated as a year of remaining
depreciation.
`(B) PROPERTY CEASES TO QUALIFY FOR PROGRESS EXPENDITURES- Rules
similar to the rules of paragraph (2) shall apply in the case of qualified
progress expenditures for a qualifying advanced clean coal technology
facility under section 48B, except that the amount of the increase in tax
under subparagraph (A) of this paragraph shall be substituted in lieu of
the amount described in such paragraph (2).
`(C) APPLICATION OF PARAGRAPH- This paragraph shall be applied
separately with respect to the credit allowed under section 38 regarding a
qualifying advanced clean coal technology facility.'
(d) TRANSITIONAL RULE- Section 39(d) (relating to transitional rules), as
amended by this Act, is amended by adding at the end the following:
`(12) NO CARRYBACK OF SECTION 48B CREDIT BEFORE EFFECTIVE DATE- No
portion of the unused business credit for any taxable year which is
attributable to the qualifying advanced clean coal technology facility
credit determined under section 48B may be carried back to a taxable year
ending before the date of the enactment of section 48B.'
(e) TECHNICAL AMENDMENTS-
(1) Section 49(a)(1)(C), as amended by this Act, is amended by striking
`and' at the end of clause (iii), by striking the period at the end of
clause (iv) and inserting `, and', and by adding at the end the
following:
`(v) the portion of the basis of any qualifying advanced clean coal
technology facility attributable to any qualified investment (as defined
by section 48B(c)).'
(2) Section 50(a)(4), as amended by this Act, is amended by striking
`and (6)' and inserting `(6), and (7)'.
(3) Section 50(c)(6), as added by this Act, is amended by inserting `or
any advanced clean coal technology facility credit under section 48B' after
`section 48A'.
(4) The table of sections for subpart E of part IV of subchapter A of
chapter 1, as amended by this Act, is amended by inserting after the item
relating to section 48A the following:
`Sec. 48B. Qualifying advanced clean coal technology facility
credit.'
(f) INSTALLATIONS NOT SUBJECT TO NEW SOURCE REVIEW, ETC-
(1) EXEMPTION FROM NEW SOURCE REVIEW- The installation of a qualifying
advanced clean coal technology facility (as defined in section 48B(b)(1) of
the Internal Revenue Code of 1986, as added by subsection (b)), shall be
exempt from the new source review provisions of the Clean Air Act (42 U.S.C.
7401 et seq.).
(2) EXEMPTION FROM EMISSION CONTROL REQUIREMENTS- The installation of a
qualifying advanced clean coal technology facility (as so defined) which
meets or exceeds, for the applicable source category, the standard of
performance for new stationary sources established under section 111 of the
Clean Air Act (42 U.S.C. 7411), shall exempt that facility from any new or
increased emission control requirements under title I of such Act (42 U.S.C.
7401 et seq.) for a period of 10 years after the date the qualifying
advanced clean coal technology facility is originally placed in
service.
(g) EFFECTIVE DATE- The amendments made by this section shall apply to
periods after December 31, 2000, under rules similar to the rules of section
48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the
date of the enactment of the Revenue Reconciliation Act of 1990).
SEC. 947. CREDIT FOR PRODUCTION FROM QUALIFYING ADVANCED CLEAN COAL
TECHNOLOGY.
(a) CREDIT FOR PRODUCTION FROM QUALIFYING ADVANCED CLEAN COAL TECHNOLOGY-
Subpart D of part IV of subchapter A of chapter 1 (relating to business
related credits), as amended by this Act, is amended by adding at the end the
following:
`SEC. 45G. CREDIT FOR PRODUCTION FROM QUALIFYING ADVANCED CLEAN COAL
TECHNOLOGY.
`(a) GENERAL RULE- For purposes of section 38, the qualifying advanced
clean coal technology production credit of any taxpayer for any taxable year
is equal to--
`(1) the applicable amount of advanced clean coal technology production
credit, multiplied by
`(A) the kilowatt hours of electricity, plus
`(B) each 3413 Btu of fuels or chemicals,
produced by the taxpayer during such taxable year at a qualifying
advanced clean coal technology facility during the 10-year period beginning
on the date the facility was originally placed in service.
`(b) APPLICABLE AMOUNT- For purposes of this section, the applicable
amount of advanced clean coal technology production credit with respect to
production from a qualifying advanced clean coal technology facility shall be
determined as follows:
`(1) Where the design coal has a heat content of more than 8,000 Btu per
pound:
`(A) In the case of a facility originally placed in service before
2008, if--
------------------------------------------------------------------------------------------------------------------------------
`The facility design net heat rate, Btu/kWh (HHV) is equal to: The applicable amount is:
For 1st 5 years of such service For 2d 5 years of such service
------------------------------------------------------------------------------------------------------------------------------
Not more than 8,400 $.0050 $.0030
More than 8,400 but not more than 8,550 $.0010 $.0010
More than 8,550 but not more than 8,750 $.0005 $.0005.
------------------------------------------------------------------------------------------------------------------------------
`(B) In the case of a facility originally placed in service after 2007
and before 2012, if--
------------------------------------------------------------------------------------------------------------------------------
`The facility design net heat rate, Btu/kWh (HHV) is equal to: The applicable amount is:
For 1st 5 years of such service For 2d 5 years of such service
------------------------------------------------------------------------------------------------------------------------------
Not more than 7,770 $.0090 $.0075
More than 7,770 but not more than 8,125 $.0070 $.0050
More than 8,125 but not more than 8,350 $.0060 $.0040.
------------------------------------------------------------------------------------------------------------------------------
`(C) In the case of a facility originally placed in service after 2011
and before 2015, if--
------------------------------------------------------------------------------------------------------------------------------
`The facility design net heat rate, Btu/kWh (HHV) is equal to: The applicable amount is:
For 1st 5 years of such service For 2d 5 years of such service
------------------------------------------------------------------------------------------------------------------------------
Not more than 7,380 $.0120 $.0090
More than 7,380 but not more than 7,720 $.0095 $.0070.
------------------------------------------------------------------------------------------------------------------------------
`(2) Where the design coal has a heat content of not more than 8,000 Btu
per pound:
`(A) In the case of a facility originally placed in service before
2008, if--
------------------------------------------------------------------------------------------------------------------------------
`The facility design net heat rate, Btu/kWh (HHV) is equal to: The applicable amount is:
For 1st 5 years of such service For 2d 5 years of such service
------------------------------------------------------------------------------------------------------------------------------
Not more than 8,500 $.0050 $.0030
More than 8,500 but not more than 8,650 $.0010 $.0010
More than 8,650 but not more than 8,750 $.0005 $.0005.
------------------------------------------------------------------------------------------------------------------------------
`(B) In the case of a facility originally placed in service after 2007
and before 2012, if--
------------------------------------------------------------------------------------------------------------------------------
`The facility design net heat rate, Btu/kWh (HHV) is equal to: The applicable amount is:
For 1st 5 years of such service For 2d 5 years of such service
------------------------------------------------------------------------------------------------------------------------------
Not more than 8,000 $.0090 $.0075
More than 8,000 but not more than 8,250 $.0070 $.0050
More than 8,250 but not more than 8,400 $.0060 $.0040.
------------------------------------------------------------------------------------------------------------------------------
`(C) In the case of a facility originally placed in service after 2011
and before 2015, if--
------------------------------------------------------------------------------------------------------------------------------
`The facility design net heat rate, Btu/kWh (HHV) is equal to: The applicable amount is:
For 1st 5 years of such service For 2d 5 years of such service
------------------------------------------------------------------------------------------------------------------------------
Not more than 7,800 $.0120 $.0090
More than 7,800 but not more than 7,950 $.0095 $.0070.
------------------------------------------------------------------------------------------------------------------------------
`(3) Where the clean coal technology facility is producing fuel or
chemicals:
`(A) In the case of a facility originally placed in service before
2008, if--
------------------------------------------------------------------------------------------------------------------------------
`The facility design net thermal efficiency (HHV) is equal to: The applicable amount is:
For 1st 5 years of such service For 2d 5 years of such service
------------------------------------------------------------------------------------------------------------------------------
Not less than 40.6 percent $.0050 $.0030
Less than 40.6 but not less than 40 percent $.0010 $.0010
Less than 40 but not less than 39 percent $.0005 $.0005.
------------------------------------------------------------------------------------------------------------------------------
`(B) In the case of a facility originally placed in service after 2007
and before 2012, if--
------------------------------------------------------------------------------------------------------------------------------
`The facility design net thermal efficiency (HHV) is equal to: The applicable amount is:
For 1st 5 years of such service For 2d 5 years of such service
------------------------------------------------------------------------------------------------------------------------------
Not less than 43.9 percent $.0090 $.0075
Less than 43.9 but not less than 42 percent $.0070 $.0050
Less than 42 but not less than 40.9 percent $.0060 $.0040.
------------------------------------------------------------------------------------------------------------------------------
`(C) In the case of a facility originally placed in service after 2011
and before 2015, if--
------------------------------------------------------------------------------------------------------------------------------
`The facility design net thermal efficiency (HHV) is equal to: The applicable amount is:
For 1st 5 years of such service For 2d 5 years of such service
------------------------------------------------------------------------------------------------------------------------------
Not less than 44.2 percent $.0120 $.0090
Less than 44.2 but not less than 43.6 percent $.0095 $.0070.
------------------------------------------------------------------------------------------------------------------------------
`(c) INFLATION ADJUSTMENT FACTOR- For calendar years after 2001, each
amount in paragraphs (1), (2), and (3) of subsection (b) shall be adjusted by
multiplying such amount by the inflation adjustment factor for the calendar
year in which the amount is applied. If any amount has increased under the
preceding sentence is not a multiple of 0.01 cent, such amount shall be
rounded to the nearest multiple of 0.01 cent.
`(d) DEFINITIONS AND SPECIAL RULES- For purposes of this section--
`(1) IN GENERAL- Any term used in this section which is also used in
section 48B shall have the meaning given such term in section 48B.
`(2) APPLICABLE RULES- The rules of paragraphs (3), (4), and (5) of
section 45 shall apply.
`(3) INFLATION ADJUSTMENT FACTOR- The term `inflation adjustment factor'
means, with respect to a calendar year, a fraction the numerator of which is
the GDP implicit price deflator for the preceding calendar year and the
denominator of which is the GDP implicit price deflator for the calendar
year 2000.
`(4) GDP IMPLICIT PRICE DEFLATOR- The term `GDP implicit price deflator'
means the most recent revision of the implicit price deflator for the gross
domestic product as computed by the Department of Commerce before March 15
of the calendar year.'
(b) CREDIT TREATED AS BUSINESS CREDIT- Section 38(b), as amended by this
Act, is amended by striking `plus' at the end of paragraph (14), by striking
the period at the end of paragraph (15) and inserting `, plus', and by adding
at the end the following:
`(16) the qualifying advanced clean coal technology production credit
determined under section 45G(a).'
(c) TRANSITIONAL RULE- Section 39(d) (relating to transitional rules), as
amended by this Act, is amended by adding at the end the following:
`(13) NO CARRYBACK OF SECTION 45H CREDIT BEFORE EFFECTIVE DATE- No
portion of the unused business credit for any taxable year which is
attributable to the qualifying advanced clean coal technology production
credit determined under section 45G may be carried back to a taxable year
ending before the date of enactment of section 45G.'
(d) CLERICAL AMENDMENT- The table of sections for subpart D of part IV of
subchapter A of chapter 1, as amended by this Act, is amended by adding at the
end the following:
`Sec. 45G. Credit for production from qualifying advanced clean coal
technology.'
(e) INSTALLATIONS NOT SUBJECT TO NEW SOURCE REVIEW, ETC.-
(1) EXEMPTION FROM NEW SOURCE REVIEW- The installation of a qualifying
advanced clean coal technology facility which has qualified for a qualifying
advanced clean coal technology production credit determined under section
45G of the Internal Revenue Code of 1986, as added by subsection (a), shall
be exempt from the new source review provisions of the Clean Air Act (42
U.S.C. 7401 et seq.).
(2) EXEMPTION FROM EMISSION CONTROL REQUIREMENTS- The installation of a
qualifying advanced clean coal technology facility which has qualified for a
qualifying advanced clean coal technology production credit determined under
such section 45G and which meets or exceeds, for the applicable source
category, the standard of performance for new stationary sources established
under section 111 of the Clean Air Act (42 U.S.C. 7411), shall exempt that
facility from any new or increased emission control requirements under title
I of such Act (42 U.S.C. 7401 et seq.) for a period of 10 years after the
date the qualifying advanced clean coal technology facility is originally
placed in service.
(f) EFFECTIVE DATE- The amendments made by this section shall apply to
production after the date of the enactment of this Act.
Subtitle C--Provisions Relating to Natural Gas
SEC. 951. ARBITRAGE RULES NOT TO APPLY TO PREPAYMENTS FOR NATURAL GAS AND
OTHER COMMODITIES.
(a) IN GENERAL- Section 148(b) (defining higher yielding investments) is
amended by adding at the end the following new paragraph:
`(4) INVESTMENT PROPERTY NOT TO INCLUDE CERTAIN PREPAYMENTS TO ENSURE
COMMODITY SUPPLY- The term `investment property' shall not include a
prepayment entered into for the purpose of obtaining a supply of a commodity
reasonably expected to be used in a business of one or more utilities each
of which is owned and operated by a State or local government, any political
subdivision or instrumentality thereof, or any governmental unit acting for
or on behalf of such a utility.'
(b) EFFECTIVE DATE- The amendments made by this section shall apply to
obligations issued after the date of the enactment of this Act.
SEC. 952. PRIVATE LOAN FINANCING TEST NOT TO APPLY TO PREPAYMENTS FOR
NATURAL GAS AND OTHER COMMODITIES.
(a) IN GENERAL- Section 141(c)(2) (providing exceptions to the private
loan financing test) is amended by striking `or' at the end of subparagraph
(A), by striking the period at the end of subparagraph (B) and inserting `,
or', and by adding at the end the following:
`(C) arises from a transaction described in section
148(b)(4).'
(b) EFFECTIVE DATE- The amendments made by this section shall apply to
obligations issued after the date of the enactment of this Act.
Subtitle D--Provisions Relating to Electric Power
SEC. 956. DEPRECIATION OF PROPERTY USED IN THE GENERATION OR TRANSMISSION OF
ELECTRICITY.
(a) DEPRECIATION OF PROPERTY USED IN THE GENERATION OR TRANSMISSION OF
ELECTRICITY-
(1) IN GENERAL- Subparagraph (C) of section 168(e)(3) (relating to
7-year property), as amended by this Act, is amended by striking `and' at
the end of clause (v), by redesignating clause (vi) as clause (vii), and by
inserting after clause (v) the following new clause:
`(vi) any property used in the generation or transmission of
electricity, and'.
(2) 10-YEAR CLASS LIFE- The table contained in section 168(g)(3)(B) is
amended by inserting after the item relating to subparagraph (C)(v) the
following new item:
`(C)(vi)
--10'.
(b) DEFINITION OF PROPERTY USED IN THE GENERATION OR TRANSMISSION OF
ELECTRICITY- Subsection (i) of section 168, as amended by this Act, is amended
by adding at the end the following new paragraph:
`(18) PROPERTY USED IN THE GENERATION OR TRANSMISSION OF
ELECTRICITY-
`(A) GENERATION- The term `property used in the generation of
electricity' means property used in nuclear power production of
electricity for sale, property used in hydraulic power production of
electricity for sale, property used in steam power production of
electricity for sale, and property used in combustion turbine production
of electricity for sale.
`(B) TRANSMISSION- The term `property used in the transmission of
electricity' means property used in the transmission of electricity for
sale.'
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
property placed in service after the date of the enactment of this Act.
SEC. 957. TAX-EXEMPT BOND FINANCING OF CERTAIN ELECTRIC FACILITIES.
(a) RULES APPLICABLE TO ELECTRIC OUTPUT FACILITIES- Subpart A of part IV
of subchapter B of chapter 1 (relating to tax exemption requirements for State
and local bonds) is amended by inserting after section 141 the following new
section:
`SEC. 141A. ELECTRIC OUTPUT FACILITIES.
`(a) ELECTION TO TERMINATE TAX-EXEMPT BOND FINANCING FOR CERTAIN ELECTRIC
OUTPUT FACILITIES-
`(1) IN GENERAL- A governmental unit may make an irrevocable election
under this paragraph to terminate certain tax-exempt financing for electric
output facilities. If the governmental unit makes such election,
then--
`(A) except as provided in paragraph (2), on or after the date of such
election the governmental unit may not issue with respect to an electric
output facility any bond the interest on which is exempt from tax under
section 103, and
`(B) notwithstanding paragraph (1) or (2) of section 141(a) or
paragraph (4) or (5) of section 141(b), no bond which was issued by such
unit with respect to an electric output facility before the date of
enactment of this subsection (or which is described in paragraph (2)(B),
(D), (E) or (F)) the interest on which was exempt from tax on such date,
shall be treated as a private activity bond.
`(2) EXCEPTIONS- An election under paragraph (1) does not apply to any
of the following bonds:
`(A) Any qualified bond (as defined in section 141(e)).
`(B) Any eligible refunding bond (as defined in subsection
(d)(6)).
`(C) Any bond issued to finance a qualifying transmission facility or
a qualifying distribution facility.
`(D) Any bond issued to finance equipment or facilities necessary to
meet Federal or State environmental requirements applicable to an existing
generation facility.
`(E) Any bond issued to finance repair of any existing generation
facility. Repairs of facilities may not increase the generation capacity
of the facility by more than 3 percent above the greater of its nameplate
or rated capacity as of the date of the enactment of this
section.
`(F) Any bond issued to acquire or construct (i) a qualified facility,
as defined in section 45(c)(3), if such facility is placed in service
during a period in which a qualified facility may be placed in service
under such section, or (ii) any energy property, as defined in section
48(a)(3).
`(3) FORM AND EFFECT OF ELECTION-
`(A) IN GENERAL- An election under paragraph (1) shall be made in such
a manner as the Secretary prescribes and shall be binding on any successor
in interest to, or any related party with respect to, the electing
governmental unit. For purposes of this paragraph, a governmental unit
shall be treated as related to another governmental unit if it is a member
of the same controlled group.
`(B) TREATMENT OF ELECTING GOVERNMENTAL UNIT- A governmental unit
which makes an election under paragraph (1) shall be treated for purposes
of section 141 as a person which is not a governmental unit and which is
engaged in a trade or business, with respect to its purchase of
electricity generated by an electric output facility placed in service
after such election, if such purchase is under a contract executed after
such election.
`(4) DEFINITIONS- For purposes of this subsection:
`(A) EXISTING GENERATION FACILITY- The term `existing generation
facility' means an electric generation facility in service on the date of
the enactment of this subsection or the construction of which commenced
before June 1, 2000.
`(B) QUALIFYING DISTRIBUTION FACILITY- The term `qualifying
distribution facility' means a distribution facility over which open
access distribution services described in subsection (b)(2)(C) are
provided.
`(C) QUALIFYING TRANSMISSION FACILITY- The term `qualifying
transmission facility' means a local transmission facility (as defined in
subsection (c)(3)(A)) over which open access transmission services
described in subparagraph (A), (B), or (E) of subsection (b)(2) are
provided.
`(b) PERMITTED OPEN ACCESS ACTIVITIES AND SALES TRANSACTIONS NOT A PRIVATE
BUSINESS USE FOR BONDS WHICH REMAIN SUBJECT TO PRIVATE USE RULES-
`(1) GENERAL RULE- For purposes of this section and section 141, the
term `private business use' shall not include a permitted open access
activity or a permitted sales transaction.
`(2) PERMITTED OPEN ACCESS ACTIVITIES- For purposes of this section, the
term `permitted open access activity' means any of the following
transactions or activities with respect to an electric output facility owned
by a governmental unit:
`(A) Providing nondiscriminatory open access transmission service and
ancillary services--
`(i) pursuant to an open access transmission tariff filed with and
approved by FERC, but, in the case of a voluntarily filed tariff, only
if the governmental unit voluntarily files a report described in
paragraph (c) or (h) of section 35.34 of title 18 of the Code of Federal
Regulations or successor provision (relating to whether or not the
issuer will join a regional transmission organization) not later than
the later of the applicable date prescribed in such paragraphs or 60
days after the date of the enactment of this section,
`(ii) under an independent system operator agreement, regional
transmission organization agreement, or regional transmission group
agreement approved by FERC, or
`(iii) in the case of an ERCOT utility (as defined in section
212(k)(2)(B) of the Federal Power Act (16 U.S.C. 824k(k)(2)(B)),
pursuant to a tariff approved by the Public Utility Commission of
Texas.
`(i) an independent system operator agreement,
`(ii) a regional transmission organization agreement, or
`(iii) a regional transmission group,
which has been approved by FERC, or by the Public Utility Commission
of Texas in the case of an ERCOT utility (as so defined). Such
participation may include transfer of control of transmission facilities
to an organization described in clause (i), (ii), or (iii).
`(C) Delivery on a nondiscriminatory open access basis of electric
energy sold to end-users served by distribution facilities owned by such
governmental unit.
`(D) Delivery on a nondiscriminatory open access basis of electric
energy generated by generation facilities connected to distribution
facilities owned by such governmental unit.
`(E) Other transactions providing nondiscriminatory open access
transmission or distribution services under Federal, State, or local open
access, retail competition, or similar programs, to the extent provided in
regulations prescribed by the Secretary.
`(3) PERMITTED SALES TRANSACTION- For purposes of this subsection, the
term `permitted sales transaction' means any of the following sales of
electric energy from existing generation facilities (as defined in
subsection (a)(4)(A)):
`(A) The sale of electricity to an on-system purchaser, if the seller
provides open access distribution service under paragraph (2)(C) and, in
the case of a seller which owns or operates transmission facilities, if
such seller provides open access transmission under subparagraph (A), (B),
or (E) of paragraph (2).
`(B) The sale of electricity to a wholesale native load purchaser or
in a wholesale stranded cost mitigation sale--
`(i) if the seller provides open access transmission service
described in subparagraph (A), (B), or (E) of paragraph (2),
or
`(ii) if the seller owns or operates no transmission facilities and
transmission providers to the seller's wholesale native load purchasers
provide open access transmission service described in subparagraph (A),
(B), or (E) of paragraph (2).
`(4) DEFINITIONS AND SPECIAL RULES- For purposes of this
subsection--
`(A) ON-SYSTEM PURCHASER- The term `on-system purchaser' means a
person whose electric facilities or equipment are directly connected with
transmission or distribution facilities which are owned by a governmental
unit, and such person--
`(i) purchases electric energy from such governmental unit at retail
and either was within such unit's distribution area in the base year or
is a person as to whom the governmental unit has a service obligation,
or
`(ii) is a wholesale native load purchaser from such governmental
unit.
`(B) WHOLESALE NATIVE LOAD PURCHASER- The term `wholesale native load
purchaser' means a wholesale purchaser as to whom the governmental unit
had--
`(i) a service obligation at wholesale in the base year,
or
`(ii) an obligation in the base year under a requirements contract,
or under a firm sales contract which has been in effect for (or has an
initial term of) at least 10 years,
but only to the extent that in either case such purchaser resells the
electricity at retail to persons within the purchaser's distribution
area.
`(C) WHOLESALE STRANDED COST MITIGATION SALE- The term `wholesale
stranded cost mitigation sale' means 1 or more wholesale sales made in
accordance with the following requirements:
`(i) A governmental unit's allowable sales under this subparagraph
during the recovery period may not exceed the sum of its annual load
losses for each year of the recovery period.
`(ii) The governmental unit's annual load loss for each year of the
recovery period is the amount (if any) by which--
`(I) sales in the base year to wholesale native load purchasers
which do not constitute a private business use, exceed
`(II) sales during that year of the recovery period to wholesale
native load purchasers which do not constitute a private business
use.
`(iii) If actual sales under this subparagraph during the recovery
period are less than allowable sales under clause (i), the amount not
sold (but not more than 10 percent of the aggregate allowable sales
under clause (i)) may be carried over and sold as wholesale stranded
cost mitigation sales in the calendar year following the recovery
period.
`(D) RECOVERY PERIOD- The recovery period is the 7-year period
beginning with the start-up year.
`(E) START-UP YEAR- The start-up year is whichever of the following
calendar years the governmental unit elects:
`(i) The year the governmental unit first offers open transmission
access.
`(ii) The first year in which at least 10 percent of the
governmental unit's wholesale customers' aggregate retail native load is
open to retail competition.
`(iii) The calendar year which includes the date of the enactment of
this section, if later than the year described in clause (i) or
(ii).
`(F) PERMITTED SALES TRANSACTIONS UNDER EXISTING CONTRACTS- A sale to
a wholesale native load purchaser (other than a person to whom the
governmental unit had a service obligation) under a contract which
resulted in private business use in the base year shall be treated as a
permitted sales transaction only to the extent that sales under the
contract exceed the lesser of--
`(i) in any year, the private business use which resulted during the
base year, or
`(ii) the maximum amount of private business use which could occur
(absent the enactment of this section) without causing the bonds to be
private activity bonds.
This subparagraph shall only apply to the extent that the sale is
allocable to bonds issued before the date of the enactment of this section
(or bonds issued to refund such bonds).
`(G) JOINT ACTION AGENCIES- A joint action agency, or a member of (or
a wholesale native load purchaser from) a joint action agency, which is
entitled to make a sale described in subparagraph (A) or (B) in a year,
may transfer the entitlement to make that sale to the member (or
purchaser), or the joint action agency, respectively.
`(c) CERTAIN BONDS FOR TRANSMISSION AND DISTRIBUTION FACILITIES NOT TAX
EXEMPT-
`(1) GENERAL RULE- For purposes of this title, no bond the interest on
which is exempt from taxation under section 103 may be issued on or after
the date of the enactment of this subsection if any of the proceeds of such
issue are used to finance--
`(A) any transmission facility which is not a local transmission
facility, or
`(B) a start-up utility distribution facility.
`(2) EXCEPTIONS- Paragraph (1) shall not apply to--
`(A) any qualified bond (as defined in section 141(e)),
`(B) any eligible refunding bond (as defined in subsection (d)(6)),
or
`(C) any bond issued to finance--
`(i) any repair of a transmission facility in service on the date of
the enactment of this section, so long as the repair does not increase
the voltage level over its level in the base year or increase the
thermal load limit of the transmission facility by more than 3 percent
over such limit in the base year,
`(ii) any qualifying upgrade of a transmission facility in service
on the date of the enactment of this section, or
`(iii) a transmission facility necessary to comply with an
obligation under a shared or reciprocal transmission agreement in effect
on the date of the enactment of this section.
`(3) LOCAL TRANSMISSION FACILITY DEFINITIONS AND SPECIAL RULES- For
purposes of this subsection--
`(A) LOCAL TRANSMISSION FACILITY- The term `local transmission
facility' means a transmission facility which is located within the
governmental unit's distribution area or which is, or will be, necessary
to supply electricity to serve retail native load or wholesale native load
of 1 or more governmental units. For purposes of this subparagraph, the
distribution area of a public power authority which was created in 1931 by
a State statute and which, as of January 1, 1999, owned at least one-third
of the transmission circuit miles rated at 230kV or greater in the State,
shall be determined under regulations of the Secretary.
`(B) RETAIL NATIVE LOAD- The term `retail native load' is the electric
load of end-users served by distribution facilities owned by a
governmental unit.
`(C) WHOLESALE NATIVE LOAD- The term `wholesale native load'
is--
`(i) the retail native load of a governmental unit's wholesale
native load purchasers, and
`(ii) the electric load of purchasers (not described in clause (i))
under wholesale requirements contracts which--
`(I) do not constitute private business use under the rules in
effect absent this subsection, and
`(II) were in effect in the base year.
`(D) NECESSARY TO SERVE LOAD- For purposes of determining whether a
transmission or distribution facility is, or will be, necessary to supply
electricity to retail native load or wholesale native load--
`(i) electric reliability standards or requirements of national or
regional reliability organizations, regional transmission organizations,
and the Electric Reliability Council of Texas shall be taken into
account, and
`(ii) transmission, siting, and construction decisions of regional
transmission organizations or independent system operators and State and
Federal agencies shall be presumptive evidence regarding whether
transmission facilities are necessary to serve native load.
`(E) QUALIFYING UPGRADE- The term `qualifying upgrade' means an
improvement or addition to transmission facilities in service on the date
of the enactment of this section which is ordered or approved by a
regional transmission organization, by an independent system operator, or
by a State regulatory or siting agency.
`(4) START-UP UTILITY DISTRIBUTION FACILITY DEFINED- For purposes of
this subsection, the term `start-up utility distribution facility' means any
distribution facility to provide electric service to the public that is
placed in service--
`(A) by a governmental unit which did not operate an electric utility
on the date of the enactment of this section, and
`(B) before the date on which such governmental unit operates in a
qualified service area (as such term is defined in section
141(d)(3)(B)).
A governmental unit is deemed to have operated an electric utility on
the date of the enactment of this section if it operates electric output
facilities which were operated by another governmental unit to provide
electric service to the public on such date.
`(d) DEFINITIONS; SPECIAL RULES- For purposes of this section--
`(1) BASE YEAR- The term `base year' means the calendar year which
includes the date of the enactment of this section or, at the election of
the governmental unit, either of the 2 immediately preceding calendar
years.
`(2) DISTRIBUTION AREA- The term `distribution area' means the area in
which a governmental unit owns distribution facilities.
`(3) ELECTRIC OUTPUT FACILITY- The term `electric output facility' means
an output facility that is an electric generation, transmission, or
distribution facility.
`(4) DISTRIBUTION FACILITY- The term `distribution facility' means an
electric output facility that is not a generation or transmission
facility.
`(5) TRANSMISSION FACILITY- The term `transmission facility' means an
electric output facility (other than a generation facility) that operates at
an electric voltage of 69kV or greater, except that the owner of the
facility may elect to treat any output facility that is a transmission
facility for purposes of the Federal Power Act as a transmission facility
for purposes of this section.
`(6) ELIGIBLE REFUNDING BOND- The term `eligible refunding bond' means
any State or local bond issued after an election described in subsection (a)
that directly or indirectly refunds any tax-exempt bond (other than a
qualified bond) issued before such election, if the weighted average
maturity of the issue of which the refunding bond is a part does not exceed
the remaining weighted average maturity of the bonds issued before the
election. In applying such term for purposes of subsection (c)(2)(B), the
date of election shall be deemed to be the date of the enactment of this
section.
`(7) FERC- The term `FERC' means the Federal Energy Regulatory
Commission.
`(8) GOVERNMENT-OWNED FACILITY- An electric output facility shall be
treated as owned by a governmental unit if it is an electric output facility
that either is--
`(A) owned or leased by such governmental unit, or
`(B) a transmission facility in which the governmental unit acquired
before the base year long-term firm capacity for the purposes of serving
customers to which the unit had at that time either--
`(i) a service obligation, or
`(ii) an obligation under a requirements contract.
`(9) REPAIR- The term `repair' shall include replacement of components
of an electric output facility, but shall not include replacement of the
facility.
`(10) SERVICE OBLIGATION- The term `service obligation' means an
obligation under State or Federal law (exclusive of an obligation arising
solely from a contract entered into with a person) to provide electric
distribution services or electric sales service, as provided in such
law.
`(e) SAVINGS CLAUSE- Subsection (b) shall not affect the applicability of
section 141 to (or the Secretary's authority to prescribe, amend, or rescind
regulations respecting) any transaction which is not a permitted open access
transaction or permitted sales transaction.'
(b) REPEAL OF EXCEPTION FOR CERTAIN NONGOVERNMENTAL ELECTRIC OUTPUT
FACILITIES- Section 141(d)(5) is amended by inserting `(except in the case of
an electric output facility which is a distribution facility),' after `this
subsection'.
(c) CONFORMING AMENDMENT- The table of sections for subpart A of part IV
of subchapter B of chapter 1 is amended by inserting after the item relating
to section 141 the following new item:
`Sec. 141A. Electric output facilities.'
(d) EFFECTIVE DATE; APPLICABILITY-
(1) EFFECTIVE DATE- The amendments made by this section shall take
effect on the date of the enactment of this Act, except that a governmental
unit may elect to apply paragraphs (1) and (2) of section 141A(b) of the
Internal Revenue Code of 1986, as added by subsection (a), with respect to
permitted open access activities entered into on or after April 14,
1996.
(2) CERTAIN EXISTING AGREEMENTS- The amendment made by subsection (b)
(relating to repeal of the exception for certain nongovernmental output
facilities) does not apply to any acquisition of facilities made pursuant to
an agreement that was entered into before the date of the enactment of this
Act.
(3) APPLICABILITY- References in this Act to sections of the Internal
Revenue Code of 1986, shall be deemed to include references to comparable
sections of the Internal Revenue Code of 1954.
SEC. 958. INDEPENDENT TRANSMISSION COMPANIES.
(a) SALES OR DISPOSITIONS TO IMPLEMENT FEDERAL ENERGY REGULATORY
COMMISSION OR STATE ELECTRIC RESTRUCTURING POLICY-
(1) IN GENERAL- Section 1033 (relating to involuntary conversions) is
amended by redesignating subsection (k) as subsection (l) and by inserting
after subsection (j) the following new subsection:
`(k) SALES OR DISPOSITIONS TO IMPLEMENT FEDERAL ENERGY REGULATORY
COMMISSION OR STATE ELECTRIC RESTRUCTURING POLICY-
`(1) IN GENERAL- For purposes of this subtitle, if a taxpayer elects the
application of this subsection to a qualifying electric transmission
transaction and the proceeds received from such transaction are invested in
exempt utility property, such transaction shall be treated as an involuntary
conversion to which this section applies.
`(2) EXTENSION OF REPLACEMENT PERIOD- In the case of any involuntary
conversion described in paragraph (1), subsection (a)(2)(B) shall be applied
by substituting `4 years' for `2 years' in clause (i) thereof.
`(3) QUALIFYING ELECTRIC TRANSMISSION TRANSACTION- For purposes of this
subsection, the term `qualifying electric transmission transaction' means
any sale or other disposition of property used in the trade or business of
electric transmission, or an ownership interest in a person whose primary
trade or business consists of providing electric transmission services, to
another person that is an independent transmission company.
`(4) INDEPENDENT TRANSMISSION COMPANY- For purposes of this subsection,
the term `independent transmission company' means--
`(A) a regional transmission organization approved by the Federal
Energy Regulatory Commission,
`(i) who the Federal Energy Regulatory Commission determines in its
authorization of the transaction under section 203 of the Federal Power
Act (16 U.S.C. 823b) is not a market participant within the meaning of
such Commission's rules applicable to regional transmission
organizations, and
`(ii) whose transmission facilities to which the election under this
subsection applies are placed under the operational control of a Federal
Energy Regulatory Commission-approved regional transmission organization
within the period specified in such order, but not later than the close
of the replacement period, or
`(C) in the case of facilities subject to the exclusive jurisdiction
of the Public Utility Commission of Texas, a person which is approved by
that Commission as consistent with Texas State law regarding an
independent transmission organization.
`(5) EXEMPT UTILITY PROPERTY- For purposes of this subsection, the term
`exempt utility property' means--
`(A) property used in the trade or business of generating,
transmitting, distributing, or selling electricity or producing,
transmitting, distributing, or selling natural gas, or
`(B) stock in a person whose primary trade or business consists of
generating, transmitting, distributing, or selling electricity or
producing, transmitting, distributing, or selling natural gas.
`(6) SPECIAL RULES FOR CONSOLIDATED GROUPS-
`(A) INVESTMENT BY QUALIFYING GROUP MEMBERS-
`(i) IN GENERAL- This subsection shall apply to a qualifying
electric transmission transaction engaged in by a taxpayer if the
proceeds are invested in exempt utility property by a qualifying group
member.
`(ii) QUALIFYING GROUP MEMBER- For purposes of this subparagraph,
the term `qualifying group member' means any member of a consolidated
group within the meaning of section 1502 and the regulations promulgated
thereunder of which the taxpayer is also a member.
`(B) COORDINATION WITH CONSOLIDATED RETURN PROVISIONS- A sale or other
disposition of electric transmission property or an ownership interest in
a qualifying electric transmission transaction, where an election is made
under this subsection, shall not result in the recognition of income or
gain under the consolidated return provisions of subchapter A of chapter
6. The Secretary shall prescribe such regulations as may be necessary to
provide for the treatment of any exempt utility property received in a
qualifying electric transmission transaction as successor assets subject
to the application of such consolidated return provisions.
`(7) ELECTION- Any election made by a taxpayer under this subsection
shall be made by a statement to that effect in the return for the taxable
year in which the qualifying electric transmission transaction takes place
in such form and manner as the Secretary shall prescribe, and such election
shall be binding for that taxable year and all subsequent taxable
years.'
(2) SAVINGS CLAUSE- Nothing in section 1033(k) of the Internal Revenue
Code of 1986, as added by subsection (a), shall affect Federal or State
regulatory policy respecting the extent to which any acquisition premium
paid in connection with the purchase of an asset in a qualifying electric
transmission transaction can be recovered in rates.
(3) EFFECTIVE DATE- The amendments made by this subsection shall apply
to transactions occurring after the date of the enactment of this Act.
(b) Distributions of Stock To Implement Federal Energy Regulatory
Commission or State Electric Restructuring Policy.
(1) IN GENERAL- Section 355(e)(4) is amended by redesignating
subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F),
respectively, and by inserting after subparagraph (B) the following new
subparagraph:
`(C) DISTRIBUTIONS OF STOCK TO IMPLEMENT FEDERAL ENERGY REGULATORY
COMMISSION OR STATE ELECTRIC RESTRUCTURING POLICY-
`(i) IN GENERAL- Paragraph (1) shall not apply to any distribution
which is a qualifying electric transmission transaction. For purposes of
this subparagraph, a `qualifying electric transmission transaction'
means any distribution of stock in a corporation whose primary trade or
business consists of providing electric transmission services, where
such stock is later acquired (or where the assets of such corporation
are later acquired) by another person that is an independent
transmission company.
`(ii) INDEPENDENT TRANSMISSION COMPANY- For purposes of this
subsection, the term `independent transmission company'
means--
`(I) a regional transmission organization approved by the Federal
Energy Regulatory Commission,
`(II) a person who the Federal Energy Regulatory Commission
determines in its authorization of the transaction under section 203
of the Federal Power Act (16 U.S.C. 824b) is not a market participant
within the meaning of such Commission's rules applicable to regional
transmission organizations, and whose transmission facilities
transferred as a part of such qualifying electric transmission
transaction are placed under the operational control of a Federal
Energy Regulatory Commission-approved regional transmission
organization within the period specified in such order, but not later
than the close of the replacement period (as defined in section
1033(k)(2)), or
`(III) in the case of facilities subject to the exclusive
jurisdiction of the Public Utility Commission of Texas, a person that
is approved by that Commission as consistent with Texas State law
regarding an independent transmission organization.'
(2) EFFECTIVE DATE- The amendments made by this subsection shall apply
to distributions occurring after the date of the enactment of this
Act.
SEC. 959. CERTAIN AMOUNTS RECEIVED BY ENERGY, NATURAL GAS, OR STEAM
UTILITIES EXCLUDED FROM GROSS INCOME AS CONTRIBUTIONS TO CAPITAL.
(a) IN GENERAL- Subsection (c) of section 118 (relating to contributions
to the capital of a corporation) is amended--
(1) by striking `WATER AND SEWAGE DISPOSAL' in the heading and inserting
`CERTAIN',
(2) by striking `water or,' in the matter preceding subparagraph (A) of
paragraph (1) and inserting `electric energy, natural gas (through a local
distribution system or by pipeline), steam, water, or',
(3) by striking `water or' in paragraph (1)(B) and inserting `electric
energy (but not including assets used in the generation of electricity),
natural gas, steam, water, or',
(4) by striking `water or' in paragraph (2)(A)(ii) and inserting
`electric energy (but not including assets used in the generation of
electricity), natural gas, steam, water, or',
(5) by inserting `such term shall include amounts paid as customer
connection fees (including amounts paid to connect the customer's line to an
electric line, a gas main, a steam line, or a main water or sewer line) and'
after `except that' in paragraph (3)(A), and
(6) by striking `water or' in paragraph (3)(C) and inserting `electric
energy, natural gas, steam, water, or'.
(b) EFFECTIVE DATE- The amendments made by this section shall apply to
amounts received after the date of the enactment of this Act.
Subtitle E--Provisions Relating to Nuclear Energy
SEC. 961. EXPENSING OF COSTS INCURRED FOR TEMPORARY STORAGE OF SPENT NUCLEAR
FUEL.
(a) IN GENERAL- Part VI of subchapter B of chapter 1 (relating to itemized
deductions for individuals and corporations) is amended by adding at the end
the following new section:
`SEC. 199. EXPENSING OF COSTS FOR TEMPORARY STORAGE OF SPENT NUCLEAR
FUEL.
`A taxpayer may elect to treat any amount paid or incurred during the
taxable year for the temporary storage or isolation of spent nuclear fuel as
an expense which is not chargeable to capital account. Any expenditure which
is so treated shall be allowed as a deduction for the taxable year in which it
is paid or incurred.'
(b) CONFORMING AMENDMENT- The table of sections for part VI of subchapter
B of chapter 1 is amended by adding at the end the following new item:
`Sec. 199. Expensing of costs for temporary storage of spent nuclear
fuel.'
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
taxable years beginning after December 31, 2000.
SEC. 962. NUCLEAR DECOMMISSIONING RESERVE FUND.
(a) INCREASE IN AMOUNT PERMITTED TO BE PAID INTO NUCLEAR DECOMMISSIONING
RESERVE FUND- Subsection (b) of section 468A is amended to read as follows:
`(b) LIMITATION ON AMOUNTS PAID INTO FUND-
`(1) IN GENERAL- The amount which a taxpayer may pay into the Fund for
any taxable year during the funding period shall not exceed the level
funding amount determined pursuant to subsection (d), except--
`(A) where the taxpayer is permitted by Federal or State law or
regulation (including authorization by a public service commission) to
charge customers a greater amount for nuclear decommissioning costs, in
which case the taxpayer may pay into the Fund such greater amount;
or
`(B) in connection with the transfer of a nuclear powerplant, where
the transferor or transferee (or both) is required pursuant to the terms
of the transfer to contribute a greater amount for nuclear decommissioning
costs, in which case the transferor or transferee (or both) may pay into
the Fund such greater amount.
`(2) CONTRIBUTIONS AFTER FUNDING PERIOD- Notwithstanding any other
provision of this section, a taxpayer may make deductible payments to the
Fund in any taxable year between the end of the funding period and the
termination of the license issued by the Nuclear Regulatory Commission for
the nuclear powerplant to which the Fund relates but only if such payments
do not cause the assets of the Fund to exceed the nuclear decommissioning
costs allocable to the taxpayer's current or former interest in the nuclear
powerplant to which the Fund relates. The foregoing limitation shall be
applied by taking into account a reasonable rate of inflation for the
nuclear decommissioning costs and a reasonable after-tax rate of return on
the assets of the Fund until such assets are anticipated to be
expended.'
(b) DEDUCTION FOR NUCLEAR DECOMMISSIONING COSTS WHEN PAID- Paragraph (2)
of section 468A(c) is amended to read as follows:
`(2) DEDUCTION OF NUCLEAR DECOMMISSIONING COSTS- In addition to any
deduction under subsection (a), nuclear decommissioning costs paid or
incurred by the taxpayer during any taxable year shall constitute ordinary
and necessary expenses in carrying on a trade or business under section
162.'
(c) LEVEL FUNDING AMOUNTS- Subsection (d) of section 468A is amended to
read as follows:
`(d) LEVEL FUNDING AMOUNTS-
`(1) ANNUAL AMOUNTS- For purposes of this section, the level funding
amount for any taxable year shall equal the annual amount required to be
contributed to the Fund in each year remaining in the funding period in
order for the Fund to accumulate the nuclear decommissioning costs allocable
to the taxpayer's current or former interest in the nuclear powerplant to
which the Fund relates. The annual amount described in the preceding
sentence shall be calculated by taking into account a reasonable rate of
inflation for the nuclear decommissioning costs and a reasonable after-tax
rate of return on the assets of the Fund until such assets are anticipated
to be expended.
`(2) FUNDING PERIOD- The funding period for a Fund shall end on the last
day of the last taxable year of the expected operating life of the nuclear
powerplant.
`(3) NUCLEAR DECOMMISSIONING COSTS- For purposes of this section, the
term `nuclear decommissioning costs' means all costs to be incurred in
connection with entombing, decontaminating, dismantling, removing, and
disposing of a nuclear powerplant, and includes all associated preparation,
security, fuel storage, and radiation monitoring costs. The taxpayer may
identify such costs by reference either to a site-specific engineering study
or to the financial assurance amount calculated pursuant to section 50.75 of
title 10 of the Code of Federal Regulations. The term shall include all such
costs which, outside of the decommissioning context, might otherwise be
capital expenditures.'.
(d) EFFECTIVE DATE- The amendments made by this section shall apply to
amounts paid after June 8, 1999, in taxable years ending after such date.
Subtitle F--Tax Incentives for Energy Efficiency
SEC. 971. CREDIT FOR CERTAIN DISTRIBUTED POWER AND COMBINED HEAT AND POWER
SYSTEM PROPERTY USED IN BUSINESS.
(a) IN GENERAL- Section 48(a)(3) (defining energy property) is amended by
inserting before the last sentence the following: `The term `energy property'
includes distributed power property or combined heat and power system
property, but only if the requirements of subparagraphs (B) and (C) are met
with respect to the property.'
(b) DEFINITIONS- Subsection (a) of section 48 (relating to the energy
credit) is amended by adding at the end the following new paragraphs:
`(6) DISTRIBUTED POWER PROPERTY- The term `distributed power property'
means property--
`(A) which is used in the generation of electricity for primary
use--
`(i) in nonresidential real or residential rental property used in
the taxpayer's trade or business, with a rated total capacity in excess
of 1 kilowatt, or
`(ii) in the taxpayer's industrial manufacturing process or plant
activity, with a rated total capacity in excess of 500
kilowatts,
`(B) which may also produce usable thermal energy or mechanical power
for use in a heating or cooling application, but only if at least 30
percent of the total useful energy produced consists of--
`(i) with respect to assets described in subparagraph (A)(i),
electrical power (whether sold or used by the taxpayer), or
`(ii) with respect to assets described in subparagraph (A)(ii),
electrical power (whether sold or used by the taxpayer) and thermal or
mechanical energy used in the taxpayer's industrial manufacturing
process or plant activity,
`(C) which is not used to transport primary fuel to the generating
facility or to distribute energy within or outside of the facility,
and
`(D) if it is reasonably expected that not more than 50 percent of the
produced electricity will be sold to, or used by, unrelated
persons.
`(7) COMBINED HEAT AND POWER SYSTEM PROPERTY- For purposes of this
subsection--
`(A) COMBINED HEAT AND POWER SYSTEM PROPERTY- The term `combined heat
and power system property' means property comprising a system--
`(i) which uses the same energy source for the simultaneous or
sequential generation of electrical power, mechanical shaft power, or
both, in combination with the generation of steam or other forms of
useful thermal energy (including heating and cooling
applications),
`(ii) which has an electrical capacity of more than 50 kilowatts or
a mechanical energy capacity of more than 67 horsepower or an equivalent
combination of electrical and mechanical energy capacities,
`(I) at least 20 percent of its total useful energy in the form of
thermal energy, and
`(II) at least 20 percent of its total useful energy in the form
of electrical or mechanical power (or a combination thereof),
and
`(iv) the energy efficiency percentage of which exceeds 60 percent
(70 percent in the case of a system with an electrical capacity in
excess of 50 megawatts or a mechanical energy capacity in excess of
67,000 horsepower, or an equivalent combination of electrical and
mechanical energy capacities).
`(i) ENERGY EFFICIENCY PERCENTAGE- For purposes of subparagraph
(A)(iv), the energy efficiency percentage of a system is the
fraction--
`(I) the numerator of which is the total useful electrical,
thermal, and mechanical power produced by the system at normal
operating rates, and
`(II) the denominator of which is the lower heating value of the
primary fuel source for the system.
`(ii) DETERMINATIONS MADE ON BTU BASIS- The energy efficiency
percentage and the percentages under subparagraph (A)(iii) shall be
determined on a Btu basis.
`(iii) INPUT AND OUTPUT PROPERTY NOT INCLUDED- The term `combined
heat and power system property' does not include property used to
transport the energy source to the facility or to distribute energy
produced by the facility.
`(iv) PUBLIC UTILITY PROPERTY-
`(I) ACCOUNTING RULE FOR PUBLIC UTILITY PROPERTY- If the combined
heat and power system property is public utility property (as defined
in section 46(f)(5) as in effect on the day before the date of the
enactment of the Revenue Reconciliation Act of 1990), the taxpayer may
only claim the credit under this subsection if, with respect to such
property, the taxpayer uses a normalization method of
accounting.
`(II) CERTAIN EXCEPTION NOT TO APPLY- The matter in paragraph (3)
which follows subparagraph (D) shall not apply to combined heat and
power system property.'.
(c) NO CARRYBACK OF ENERGY CREDIT BEFORE EFFECTIVE DATE- Subsection (d) of
section 39, as amended by this Act, is amended by adding at the end the
following new paragraph:
`(14) NO CARRYBACK OF ENERGY CREDIT BEFORE EFFECTIVE DATE- No portion of
the unused business credit for any taxable year which is attributable to the
portion of the energy credit described in section 48(a) (6) or (7) may be
carried back to a taxable year ending before the date of the enactment of
this paragraph.'
(1) Subparagraph (C) of section 168(e)(3), as amended by this Act, is
amended by striking `and' at the end of clause (vi), by redesignating clause
(vii) as clause (viii), and by inserting after clause (vi) the following new
clause:
`(vii) any energy property (as defined in paragraph (6) or (7) of
section 48(a)) for which a credit is allowed under section 48 and which,
but for this clause, would have a recovery period of less than 15 years,
and'.
(2) The table contained in subparagraph (B) of section 168(g)(3) is
amended by inserting after the item relating to subparagraph (C)(vi) the
following:
`(C)(vii)
--10'.
(e) EFFECTIVE DATE- The amendments made by this section shall apply to
periods after December 31, 2000, under rules similar to the rules of section
48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the
date of the enactment of the Revenue Reconciliation Act of 1990).
SEC. 972. CREDIT FOR ENERGY EFFICIENCY IMPROVEMENTS TO EXISTING HOMES.
(a) IN GENERAL- Subpart A of part IV of subchapter A of chapter 1
(relating to nonrefundable personal credits) is amended by inserting after
section 25A the following new section:
`SEC. 25B. ENERGY EFFICIENCY IMPROVEMENTS TO EXISTING HOMES.
`(a) ALLOWANCE OF CREDIT- In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the taxable
year an amount equal to 20 percent of the amount paid or incurred by the
taxpayer for qualified energy efficiency improvements installed during such
taxable year.
`(1) MAXIMUM CREDIT- The credit allowed by this section with respect to
a dwelling shall not exceed $2,000.
`(2) PRIOR CREDIT AMOUNTS FOR TAXPAYER ON SAME DWELLING TAKEN INTO
ACCOUNT- If a credit was allowed to the taxpayer under subsection (a) with
respect to a dwelling in 1 or more prior taxable years, the amount of the
credit otherwise allowable for the taxable year with respect to that
dwelling shall not exceed the amount of $2,000 reduced by the sum of the
credits allowed under subsection (a) to the taxpayer with respect to the
dwelling for all prior taxable years.
`(c) CARRYFORWARD OF UNUSED CREDIT- If the credit allowable under
subsection (a) exceeds the limitation imposed by section 26(a) for such
taxable year reduced by the sum of the credits allowable under subpart A of
part IV of subchapter A (other than this section), such excess shall be
carried to the succeeding taxable year and added to the credit allowable under
subsection (a) for such taxable year.
`(d) QUALIFIED ENERGY EFFICIENCY IMPROVEMENTS- For purposes of this
section, the term `qualified energy efficiency improvements' means any energy
efficient building envelope component that is certified to meet or exceed the
prescriptive criteria for such component established by the 1998 International
Energy Conservation Code, if--
`(1) such component is installed in or on a dwelling--
`(A) located in the United States, and
`(B) owned and used by the taxpayer as the taxpayer's principal
residence (within the meaning of section 121),
`(2) the original use of such component commences with the taxpayer,
and
`(3) such component reasonably can be expected to remain in use for at
least 5 years.
`(e) CERTIFICATION- The certification described in subsection (d) shall
be--
`(1) determined on the basis of the technical specifications or
applicable ratings (including product labeling requirements) for the
measurement of energy efficiency, based upon energy use or building envelope
component performance, for the energy efficient building envelope
component,
`(2) provided by the contractor who installed such building envelope
component, a local building regulatory authority, a utility, a manufactured
home production inspection primary inspection agency (IPIA), or an
accredited home energy rating system provider who is accredited by or
otherwise authorized to use approved energy performance measurement methods
by the Home Energy Ratings Systems Council or the National Association of
State Energy Officials, and
`(3) made in writing in a manner that specifies in readily verifiable
fashion the energy efficient building envelope components installed and
their respective energy efficiency levels.
`(f) DEFINITIONS AND SPECIAL RULES-
`(1) TENANT-STOCKHOLDER IN COOPERATIVE HOUSING CORPORATION- In the case
of an individual who is a tenant-stockholder (as defined in section 216) in
a cooperative housing corporation (as defined in such section), such
individual shall be treated as having paid his tenant-stockholder's
proportionate share (as defined in section 216(b)(3)) of the cost of
qualified energy efficiency improvements made by such corporation.
`(A) IN GENERAL- In the case of an individual who is a member of a
condominium management association with respect to a condominium which he
owns, such individual shall be treated as having paid his proportionate
share of the cost of qualified energy efficiency improvements made by such
association.
`(B) CONDOMINIUM MANAGEMENT ASSOCIATION- For purposes of this
paragraph, the term `condominium management association' means an
organization which meets the requirements of paragraph (1) of section
528(c) (other than subparagraph (E) thereof) with respect to a condominium
project substantially all of the units of which are used as
residences.
`(3) BUILDING ENVELOPE COMPONENT- The term `building envelope component'
means--
`(A) insulation material or system which is specifically and primarily
designed to reduce the heat loss or gain or a dwelling when installed in
or on such dwelling, and
`(B) exterior windows (including skylights) and doors.
`(4) MANUFACTURED HOMES INCLUDED- For purposes of this section, the term
`dwelling' includes a manufactured home which conforms to Federal
Manufactured Home Construction and Safety Standards (24 C.F.R. 3280).
`(g) BASIS ADJUSTMENT- For purposes of this subtitle, if a credit is
allowed under this section for any expenditure with respect to any property,
the increase in the basis of such property which would (but for this
subsection) result from such expenditure shall be reduced by the amount of the
credit so allowed.
`(h) TERMINATION- Subsection (a) shall apply to qualified energy
efficiency improvements installed during the period beginning on January 1,
2001, and ending on December 31, 2005.'.
(b) CONFORMING AMENDMENTS-
(1) Subsection (c) of section 23 is amended by inserting `, section 25B,
and section 1400C' after `other than this section'.
(2) Subparagraph (C) of section 25(e)(1) is amended by striking `section
23' and inserting `sections 23, 25B, and 1400C'.
(3) Subsection (d) of section 1400C is amended by inserting `and section
25B' after `other than this section'.
(4) Subsection (a) of section 1016 is amended by striking `and' at the
end of paragraph (26), by striking the period at the end of paragraph (27)
and inserting `; and', and by adding at the end the following new
paragraph:
`(28) to the extent provided in section 25B(f), in the case of amounts
with respect to which a credit has been allowed under section 25B.'.
(5) The table of sections for subpart A of part IV of subchapter A of
chapter 1 is amended by inserting after the item relating to section 25A the
following new item:
`Sec. 25B. Energy efficiency improvements to existing homes.'
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
taxable years ending after December 31, 2000.
SEC. 973. BUSINESS CREDIT FOR CONSTRUCTION OF NEW ENERGY EFFICIENT
HOME.
(a) IN GENERAL- Subpart D of part IV of subchapter A of chapter 1
(relating to business related credits), as amended by this Act, is amended by
inserting after section 45G the following new section:
`SEC. 45H. NEW ENERGY EFFICIENT HOME CREDIT.
`(a) IN GENERAL- For purposes of section 38, in the case of an eligible
contractor, the credit determined under this section for the taxable year is
an amount equal to the aggregate adjusted bases of all energy efficient
property installed in a qualified new energy efficient home during
construction of such home.
`(A) IN GENERAL- The credit allowed by this section with respect to a
dwelling shall not exceed $2,000.
`(B) PRIOR CREDIT AMOUNTS ON SAME DWELLING TAKEN INTO ACCOUNT- If a
credit was allowed under subsection (a) with respect to a dwelling in 1 or
more prior taxable years, the amount of the credit otherwise allowable for
the taxable year with respect to that dwelling shall not exceed the amount
of $2,000 reduced by the sum of the credits allowed under subsection (a)
with respect to the dwelling for all prior taxable years.
`(2) COORDINATION WITH REHABILITATION AND ENERGY CREDITS- For purposes
of this section--
`(A) the basis of any property referred to in subsection (a) shall be
reduced by that portion of the basis of any property which is attributable
to qualified rehabilitation expenditures (as defined in section 47(c)(2))
or to the energy percentage of energy property (as determined under
section 48(a)), and
`(B) expenditures taken into account under either section 47 or 48(a)
shall not be taken into account under this section.
`(c) DEFINITIONS- For purposes of this section--
`(1) ELIGIBLE CONTRACTOR- The term `eligible contractor' means the
person who constructed the new energy efficient home, or in the case of a
manufactured home which conforms to Federal Manufactured Home Construction
and Safety Standards (24 C.F.R. 3280), the manufactured home producer of
such home.
`(2) ENERGY EFFICIENT PROPERTY- The term `energy efficient property'
means any energy efficient building envelope component, and any energy
efficient heating or cooling appliance.
`(3) QUALIFIED NEW ENERGY EFFICIENT HOME- The term `qualified new energy
efficient home' means a dwelling--
`(A) located in the United States,
`(B) the construction of which is substantially completed after
December 31, 2000,
`(C) the original use of which is as a principal residence (within the
meaning of section 121) which commences with the person who acquires such
dwelling from the eligible contractor, and
`(D) which is certified to have a level of annual heating and cooling
energy consumption that is at least 30 percent below the annual level of
heating and cooling energy consumption of a comparable dwelling
constructed in accordance with the standards of the 1998 International
Energy Conservation Code.
`(4) CONSTRUCTION- The term `construction' includes reconstruction and
rehabilitation.
`(5) ACQUIRE- The term `acquire' includes purchase and, in the case of
reconstruction and rehabilitation, such term includes a binding written
contract for such reconstruction or rehabilitation.
`(6) BUILDING ENVELOPE COMPONENT- The term `building envelope component'
means--
`(A) insulation material or system which is specifically and primarily
designed to reduce the heat loss or gain of a dwelling when installed in
or on such dwelling, and
`(B) exterior windows (including skylights) and doors.
`(7) MANUFACTURED HOME INCLUDED- The term `dwelling' includes a
manufactured home conforming to Federal Manufactured Home Construction and
Safety Standards (24 C.F.R. 3280).
`(1) METHOD- A certification described in subsection (c)(3)(D) shall be
determined on the basis of one of the following methods:
`(A) The technical specifications or applicable ratings (including
product labeling requirements) for the measurement of energy efficiency
for the energy efficient building envelope component or energy efficient
heating or cooling appliance, based upon energy use or building envelope
component performance.
`(B) An energy performance measurement method that utilizes computer
software approved by organizations designated by the Secretary.
`(2) PROVIDER- Such certification shall be provided by--
`(A) in the case of a method described in paragraph (1)(A), the
eligible contractor, a local building regulatory authority, a utility, a
manufactured home production inspection primary inspection agency (IPIA),
or an accredited home energy rating systems provider who is accredited by,
or otherwise authorized to use, approved energy performance measurement
methods by the Home Energy Ratings Systems Council or the National
Association of State Energy Officials, or
`(B) in the case of a method described in paragraph (1)(B), an
individual recognized by an organization designated by the Secretary for
such purposes.
`(3) FORM- Such certification shall be made in writing in a manner that
specifies in readily verifiable fashion the energy efficient building
envelope components and energy efficient heating or cooling appliances
installed and their respective energy efficiency levels, and in the case of
a method described in subparagraph (B) of paragraph (1), accompanied by
written analysis documenting the proper application of a permissible energy
performance measurement method to the specific circumstances of such
dwelling.
`(A) IN GENERAL- In prescribing regulations under this subsection for
energy performance measurement methods, the Secretary shall prescribe
procedures for calculating annual energy costs for heating and cooling and
cost savings and for the reporting of the results. Such regulations
shall--
`(i) be based on the National Home Energy Rating Technical
Guidelines of the National Association of State Energy Officials and the
1998 California Residential ACM manual,
`(ii) provide that any calculation procedures be developed such that
the same energy efficiency measures allow a home to qualify for the
credit under this section regardless of whether the house uses a gas or
oil furnace or boiler or an electric heat pump, and
`(iii) require that any computer software allow for the printing of
the Federal tax forms necessary for the credit under this section and
explanations for the homebuyer of the energy efficient features that
were used to comply with the requirements of this section.
`(B) PROVIDERS- For purposes of paragraph (2)(B), the Secretary shall
establish requirements for the designation of individuals based on the
requirements for energy consultants and home energy raters specified by
the National Association of State Energy Officials.
`(e) BASIS ADJUSTMENT- For purposes of this subtitle, if a credit is
allowed under this section for any expenditure with respect to any property,
the increase in the basis of such property which would (but for this
subsection) result from such expenditure shall be reduced by the amount of the
credit so allowed.
`(f) TERMINATION- Subsection (a) shall apply to dwellings purchased during
the period beginning on January 1, 2001, and ending on December 31, 2005.'
(b) CREDIT MADE PART OF GENERAL BUSINESS CREDIT- Subsection (b) of section
38 (relating to current year business credit) is amended by striking `plus' at
the end of paragraph (15), by striking the period at the end of paragraph (16)
and inserting `, plus', and by adding at the end thereof the following new
paragraph:
`(17) the new energy efficient home credit determined under section
45H.'
(c) DENIAL OF DOUBLE BENEFIT- Section 280C (relating to certain expenses
for which credits are allowable) is amended by adding at the end thereof the
following new subsection:
`(d) NEW ENERGY EFFICIENT HOME EXPENSES- No deduction shall be allowed for
that portion of expenses for a new energy efficient home otherwise allowable
as a deduction for the taxable year which is equal to the amount of the credit
determined for such taxable year under section 45H.'
(d) CREDIT ALLOWED AGAINST REGULAR AND MINIMUM TAX-
(1) IN GENERAL- Subsection (c) of section 38 (relating to limitation
based on amount of tax) is amended by redesignating paragraph (5) as
paragraph (6) and by inserting after paragraph (4) the following new
paragraph:
`(5) SPECIAL RULES FOR NEW ENERGY EFFICIENT HOME CREDIT-
`(A) IN GENERAL- In the case of the new energy efficient home
credit--
`(i) this section and section 39 shall be applied separately with
respect to the credit, and
`(ii) in applying paragraph (1) to the credit--
`(I) subparagraph (A) thereof shall not apply, and
`(II) the limitation under paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit allowed under subsection (a) for
the taxable year (other than the new energy efficient home
credit).
`(B) NEW ENERGY EFFICIENT HOME CREDIT- For purposes of this
subsection, the term `new energy efficient home credit' means the credit
allowable under subsection (a) by reason of section 45H.'
(2) CONFORMING AMENDMENTS- Subclause (II) of section 38(c)(2)(A)(ii),
subclause (II) of section 38(c)(3)(A)(ii), and subclause (II) of section
38(c)(4)(A)(ii) are each amended by inserting `or the new energy efficient
home credit' after `enhanced oil recovery credit'.
(e) LIMITATION ON CARRYBACK- Subsection (d) of section 39, as amended by
this Act, is amended by adding at the end the following new paragraph:
`(15) NO CARRYBACK OF NEW ENERGY EFFICIENT HOME CREDIT BEFORE EFFECTIVE
DATE- No portion of the unused business credit for any taxable year which is
attributable to the credit determined under section 45H may be carried back
to any taxable year ending before the date of the enactment of section
45H.'
(f) DEDUCTION FOR CERTAIN UNUSED BUSINESS CREDITS- Subsection (c) of
section 196 is amended by striking `and' at the end of paragraph (7), by
striking the period at the end of paragraph (8) and inserting `, and', and by
adding after paragraph (8) the following new paragraph:
`(9) the new energy efficient home credit determined under section
45H.'
(g) CLERICAL AMENDMENT- The table of sections for subpart D of part IV of
subchapter A of chapter 1 is amended by inserting after the item relating to
section 45G the following new item:
`Sec. 45H. New energy efficient home credit.'
(h) EFFECTIVE DATE- The amendments made by this section shall apply to
taxable years ending after December 31, 2000.
SEC. 974. TAX CREDIT FOR ENERGY EFFICIENT APPLIANCES.
(a) IN GENERAL- Subpart B of part IV of subchapter A of chapter 1
(relating to other credits) is amended by adding at the end the following new
section:
`SEC. 30B. ENERGY EFFICIENT APPLIANCE CREDIT.
`(a) GENERAL RULE- There shall be allowed as a credit against the tax
imposed by this chapter for the taxable year an amount equal to the amount
paid or incurred by the taxpayer during the taxable year for qualified energy
efficient appliances.
`(1) DOLLAR AMOUNT- The amount which may be taken into account under
subsection (a) shall not exceed--
`(A) in the case of an energy efficient clothes washer described in
subsection (c)(2)(A) or an energy efficient refrigerator described in
subsection (c)(3)(B)(i), $50, and
`(B) in the case of an energy efficient clothes washer described in
subsection (c)(2)(B) or an energy efficient refrigerator described in
subsection (c)(3)(B)(ii), $100.
`(2) APPLICATION WITH OTHER CREDITS- The credit allowed under subsection
(a) for any taxable year shall not exceed the excess (if any) of--
`(A) the regular tax for the taxable year reduced by the sum of the
credits allowable under subpart A and sections 27 and 30, over
`(B) the tentative minimum tax for the taxable year.
`(c) QUALIFIED ENERGY EFFICIENT APPLIANCE- For purposes of this
section--
`(1) IN GENERAL- The term `qualified energy efficient appliance'
means--
`(A) an energy efficient clothes washer, or
`(B) an energy efficient refrigerator.
`(2) ENERGY EFFICIENT CLOTHES WASHER- The term `energy efficient clothes
washer' means a residential clothes washer, including a residential style
coin operated washer, which is manufactured with--
`(A) a 1.26 Modified Energy Factor (referred to in this paragraph as
`MEF') (as determined by the Secretary of Energy), or
`(B) a 1.42 MEF (as determined by the Secretary of Energy) (1.5 MEF
for calendar years beginning after 2004).
`(3) ENERGY EFFICIENT REFRIGERATOR- The term `energy efficient
refrigerator' means an automatic defrost refrigerator-freezer which--
`(A) has an internal volume of at least 16.5 cubic feet, and
`(i) 10 percent less kw/hr/yr than the energy conservation standards
promulgated by the Department of Energy for such refrigerator for 2001,
or
`(ii) 15 percent less kw/hr/yr than such energy conservation
standards.
`(d) VERIFICATION- The taxpayer shall submit such information or
certification as the Secretary, in consultation with the Secretary of Energy,
determines necessary to claim the credit amount under subsection (a).
`(e) TERMINATION- This section shall not apply--
`(1) with respect to energy efficient refrigerators described in
subsection (c)(3)(B)(i) purchased in calendar years beginning after 2004,
and
`(2) with respect to all other qualified energy efficient appliances
purchased in calendar years beginning after 2006.'
(b) CLERICAL AMENDMENT- The table of sections for subpart B of part IV of
subchapter A of chapter 1 is amended by inserting at the end the following new
item:
`Sec. 30B. Energy efficient appliance credit.'
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
taxable years beginning after December 31, 2000.
SEC. 975. CREDIT FOR CERTAIN ENERGY EFFICIENT MOTOR VEHICLES.
(a) IN GENERAL- Subpart B of part IV of subchapter A of chapter 1, as
amended by this Act, is amended by adding at the end the following new
section:
`SEC. 30C. CREDIT FOR HYBRID VEHICLES.
`(a) ALLOWANCE OF CREDIT- There shall be allowed as a credit against the
tax imposed by this chapter for the taxable year an amount equal to the sum of
the credit amounts for each qualified hybrid vehicle placed in service during
the taxable year.
`(b) CREDIT AMOUNT- For purposes of this section, the credit amount for
each qualified hybrid vehicle with a rechargeable energy storage system which
provides the applicable percentage of the maximum available power shall be the
amount specified in the following table:
`Applicable percentage
--Credit amount
Greater than or equal to 20 percent but less than 40 percent
--$500
Greater than or equal to 40 percent but less than 60 percent
--$1,000
Greater than or equal to 60 percent
--$2,000.
`(c) DEFINITIONS- For purposes of this section--
`(1) QUALIFIED HYBRID VEHICLE- The term `qualified hybrid vehicle' means
an automobile which meets all applicable regulatory requirements and which
can draw propulsion energy from both of the following onboard sources of
stored energy:
`(B) A rechargeable energy storage system.
`(2) MAXIMUM AVAILABLE POWER- The term `maximum available power' means
the maximum value of the sum of the heat engine and electric drive system
power or other nonheat energy conversion devices available for a driver's
command for maximum acceleration at vehicle speeds under 75 miles per
hour.
`(3) AUTOMOBILE- The term `automobile' has the meaning given such term
by section 4064(b)(1) (without regard to subparagraphs (B) and (C) thereof).
A vehicle shall not fail to be treated as an automobile solely by reason of
weight if such vehicle is rated at 8,500 pounds gross vehicle weight rating
or less.
`(d) APPLICATION WITH OTHER CREDITS- The credit allowed by subsection (a)
for any taxable year shall not exceed the excess (if any) of--
`(1) the regular tax for the taxable year reduced by the sum of the
credits allowable under subpart A and sections 27, 30, and 30B of this
subpart, over
`(2) the tentative minimum tax for the taxable year.
`(1) BASIS REDUCTION- The basis of any property for which a credit is
allowable under subsection (a) shall be reduced by the amount of such credit
(determined without regard to subsection (d)).
`(2) RECAPTURE- The Secretary shall, by regulations, provide for
recapturing the benefit of any credit allowable under subsection (a) with
respect to any property which ceases to be property eligible for such
credit.
`(3) PROPERTY USED OUTSIDE UNITED STATES, ETC., NOT QUALIFIED- No credit
shall be allowed under this section with respect to--
`(A) any property for which a credit is allowed under section
30,
`(B) any property referred to in section 50(b), or
`(C) any property taken into account under section 179 or
179A.
`(4) ELECTION TO NOT TAKE CREDIT- No credit shall be allowed under
subsection (a) for any vehicle if the taxpayer elects to not have this
section apply to such vehicle.
`(5) LEASED VEHICLES- No credit shall be allowed under this section with
respect to a leased motor vehicle unless the lease documents clearly
disclose to the lessee the specific amount of any credit otherwise allowable
to the lessor under this section.
`(1) TREASURY- The Secretary shall prescribe such regulations as may be
necessary or appropriate to carry out the purposes of this section.
`(2) ENVIRONMENTAL PROTECTION AGENCY- The Administrator of the
Environmental Protection Agency, in coordination with the Secretary of
Transportation and consistent with the laws administered by such agency for
automobiles, shall timely prescribe such regulations as may be necessary or
appropriate solely for the purpose of specifying the testing and calculation
procedures to determine whether a vehicle meets the qualifications for a
credit under this section.
`(g) APPLICATION OF SECTION- This section shall apply to any qualified
hybrid vehicles placed in service after December 31, 2000, and before January
1, 2009.'
(b) CONFORMING AMENDMENTS-
(1) Subsection (a) of section 1016, as amended by this Act, is amended
by striking `and' at the end of paragraph (27), by striking the period at
the end of paragraph (28) and inserting `, and', and by adding at the end
the following new paragraph:
`(29) to the extent provided in section 30C(e)(1).'
(2) The table of sections for subpart B of part IV of subchapter A of
chapter 1 is amended by adding at the end the following new item:
`Sec. 30C. Credit for hybrid vehicles.'
(c) EFFECTIVE DATE- The amendments made by this title shall apply to
vehicles placed in service after December 31, 2000.
Subtitle G--Alternative Fuels
SEC. 981. CREDIT FOR ALTERNATIVE FUEL VEHICLES.
(a) IN GENERAL- Subpart B of part IV of subchapter A of chapter 1
(relating to foreign tax credit, etc.), as amended by this Act, is amended by
inserting after section 30C the following:
`SEC. 30D. CREDIT FOR ALTERNATIVE FUEL VEHICLES.
`(a) ALLOWANCE OF CREDIT- There shall be allowed as a credit against the
tax imposed by this chapter an amount equal to the applicable percentage of
the incremental cost of any qualified alternative fuel motor vehicle placed in
service by the taxpayer during the taxable year.
`(b) APPLICABLE PERCENTAGE- For purposes of subsection (a), the applicable
percentage with respect to any qualified alternative fuel motor vehicle
is--
`(2) 35 percent, if such vehicle--
`(A) has a gross weight vehicle rating of less than 14,000 pounds,
and
`(i) has received a certificate of conformity under the Clean Air
Act and meets or exceeds the most stringent standard available for
certification under the Clean Air Act for that make and model year
vehicle (other than a zero emission standard), or
`(ii) has received an order certifying the vehicle for sale in
California and meets or exceeds the most stringent standard available
for certification under the laws of the State of California for that
make and model year vehicle (other than a zero emission standard),
or
`(B) has a gross weight vehicle rating of 14,000 or more pounds,
and
`(i) has received a certificate of conformity under the Clean Air
Act at emissions levels that are not more than 50 percent of the
standard applicable to a vehicle of that make and model year,
or
`(ii) has received an order certifying the vehicle for sale in
California at emissions levels that are not more than 50 percent of the
standard applicable under the laws of the State of California to a
vehicle of that make and model year.
`(c) INCREMENTAL COST- For purposes of this section, the incremental cost
of any qualified alternative fuel motor vehicle is equal to the amount of the
excess of the manufacturer's suggested retail price for such vehicle over such
price for a gasoline or diesel fuel motor vehicle of the same model, to the
extent such amount does not exceed--
`(1) $5,000, if such vehicle has a gross vehicle weight rating of not
more than 8,500 pounds,
`(2) $10,000, if such vehicle has a gross vehicle weight rating of more
than 8,500 pounds but not more than 14,000 pounds,
`(3) $25,000, if such vehicle has a gross vehicle weight rating of more
than 14,000 pounds but not more than 26,000 pounds, and
`(4) $50,000, if such vehicle has a gross vehicle weight rating of more
than 26,000 pounds.
`(d) QUALIFIED ALTERNATIVE FUEL MOTOR VEHICLE DEFINED- For purposes of
this section, the term `qualified alternative fuel motor vehicle' means any
motor vehicle--
`(1) which is only capable of operating on an alternative fuel,
`(2) the original use of which commences with the taxpayer, and
`(3) which is acquired by the taxpayer for use or to lease, but not for
resale.
`(e) APPLICATION WITH OTHER CREDITS- The credit allowed under subsection
(a) for any taxable year shall not exceed the excess (if any) of--
`(1) the regular tax for the taxable year reduced by the sum of the
credits allowable under subpart A and sections 27, 29, 30, 30A, 30B, and
30C, over
`(2) the tentative minimum tax for the taxable year.
`(f) OTHER DEFINITIONS AND SPECIAL RULES- For purposes of this
section--
`(1) ALTERNATIVE FUEL- The term `alternative fuel' has the meaning given
such term by section 301(2) of the Energy Policy Act of 1992 (42 U.S.C.
13211(2)), as in effect on the date of the enactment of this section.
`(2) MOTOR VEHICLE- The term `motor vehicle' has the meaning given such
term by section 30(c)(2).
`(3) REDUCTION IN BASIS- For purposes of this subtitle, the basis of any
property for which a credit is allowable under subsection (a) shall be
reduced by the amount of such credit so allowed (determined without regard
to subsection (e).
`(4) NO DOUBLE BENEFIT- The amount of any deduction or credit allowable
under this chapter for any incremental cost taken into account in computing
the amount of the credit determined under subsection (a) shall be reduced by
the amount of such credit attributable to such cost.
`(5) LEASED VEHICLES- No credit shall be allowed under subsection (a)
with respect to a leased motor vehicle unless the lease documents clearly
disclose to the lessee the specific amount of any credit otherwise allowable
to the lessor under subsection (a).
`(6) RECAPTURE- The Secretary shall, by regulations, provide for
recapturing the benefit of any credit allowable under subsection (a) with
respect to any property which ceases to be property eligible for such
credit.
`(7) PROPERTY USED OUTSIDE UNITED STATES, ETC., NOT QUALIFIED- No credit
shall be allowed under subsection (a) with respect to any property referred
to in section 50(b) or with respect to the portion of the cost of any
property taken into account under section 179.
`(8) ELECTION TO NOT TAKE CREDIT- No credit shall be allowed under
subsection (a) for any vehicle if the taxpayer elects to not have this
section apply to such vehicle.
`(g) TERMINATION- This section shall not apply to any property placed in
service after December 31, 2007.'
(b) CONFORMING AMENDMENTS-
(1) Section 1016(a), as amended by this Act, is amended by striking
`and' at the end of paragraph (28), by striking the period at the end of
paragraph (29) and inserting `, and', and by adding at the end the
following:
`(30) to the extent provided in section 30D(f)(3).'
(2) Section 53(d)(1)(B)(iii) is amended by inserting `, or not allowed
under section 30D solely by reason of the application of section 30D(e)(2)'
before the period.
(3) Section 55(c)(2) is amended by inserting `30D(e),' after
`30(b)(3)'.
(4) Section 6501(m) is amended by inserting `30D(f)(8),' after
`30(d)(4),'.
(5) The table of sections for subpart B of part IV of subchapter A of
chapter 1 is amended by inserting after the item relating to section 30C the
following:
`Sec. 30D. Credit for alternative fuel vehicles.'
(e) EFFECTIVE DATE- The amendments made by this section shall apply to
property placed in service after December 31, 2000, in taxable years ending
after such date.
SEC. 982. MODIFICATION OF CREDIT FOR QUALIFIED ELECTRIC VEHICLES.
(1) IN GENERAL- Section 30(a) (relating to allowance of credit) is
amended by striking `10 percent of'.
(2) LIMITATION OF CREDIT ACCORDING TO TYPE OF VEHICLE- Section 30(b)
(relating to limitations) is amended--
(A) by striking paragraphs (1) and (2) and inserting the following new
paragraph:
`(1) LIMITATION ACCORDING TO TYPE OF VEHICLE- The amount of the credit
allowed under subsection (a) for any vehicle shall not exceed the greatest
of the following amounts applicable to such vehicle:
`(A) In the case of a vehicle with a rated top speed not exceeding 50
miles per hour, the lesser of--
`(i) 10 percent of the cost of the vehicle, or
`(B) In the case of a vehicle with a gross vehicle weight rating not
exceeding 8,500 pounds and a rated top speed exceeding 50 miles per hour,
$4,250.
`(C) In the case of a vehicle capable of a driving range of at least
100 miles on a single charge of the vehicle's rechargeable batteries and
measured pursuant to the urban dynamometer schedules under appendix I to
part 86 of title 40, Code of Federal Regulations, $6,375.
`(D) In the case of a vehicle capable of a payload capacity of at
least 1000 pounds, $6,375.
`(E) In the case of a vehicle with a gross vehicle weight rating
exceeding 8,500 but not exceeding 14,000 pounds, $8,500.
`(F) In the case of a vehicle with a gross vehicle weight rating
exceeding 14,000 but not exceeding 26,000 pounds, $21,250.
`(G) In the case of a vehicle with a gross vehicle weight rating
exceeding 26,000 pounds, $42,500.', and
(B) by redesignating paragraph (3) as paragraph (2).
(3) CONFORMING AMENDMENTS-
(A) Section 53(d)(1)(B)(iii) is amended by striking `section
30(b)(3)(B)' and inserting `section 30(b)(2)(B)'.
(3) Section 55(c)(2) is amended by striking `30(b)(3)' and inserting
`30(b)(2)'.
(b) QUALIFIED ELECTRIC VEHICLE- Section 30(c)(1)(A) (defining qualified
electric vehicle) is amended to read as follows:
`(A) which is powered primarily by an electric motor drawing current
from rechargeable batteries, fuel cells which generate electrical current
from an alternative fuel (as defined in section 30D(f)(1)), or other
portable sources of electrical current generated on board the vehicle from
an alternative fuel (as so defined),'.
(c) ADDITIONAL SPECIAL RULES- Section 30(d) (relating to special rules) is
amended by adding at the end the following new paragraphs:
`(5) NO DOUBLE BENEFIT- The amount of any deduction or credit allowable
under this chapter for any cost taken into account in computing the amount
of the credit determined under subsection (a) shall be reduced by the amount
of such credit attributable to such cost.
`(6) LEASED VEHICLES- No credit shall be allowed under subsection (a)
with respect to a leased motor vehicle unless the lease documents clearly
disclose to the lessee the specific amount of any credit otherwise allowable
to the lessor under subsection (a).'
(d) EXTENSION- Section 30(e) (relating to termination) is amended by
striking `2004' and inserting `2007'.
(e) EFFECTIVE DATE- The amendments made by this section shall apply to
property placed in service after December 31, 2000, in taxable years ending
after such date.
SEC. 983. CREDIT FOR RETAIL SALE OF ALTERNATIVE FUELS AS MOTOR VEHICLE
FUEL.
(a) IN GENERAL- Subpart D of part IV of subchapter A of chapter 1
(relating to business related credits) is amended by inserting after section
40 the following:
`SEC. 40A. CREDIT FOR RETAIL SALE OF ALTERNATIVE FUELS AS MOTOR VEHICLE
FUEL.
`(a) GENERAL RULE- For purposes of section 38, the alternative fuel retail
sales credit of any taxpayer for any taxable year is 25 cents for each
gasoline gallon equivalent of alternative fuel sold at retail by the taxpayer
during such year as a fuel to propel any qualified motor vehicle.
`(b) DEFINITIONS- For purposes of this section--
`(1) ALTERNATIVE FUEL- The term `alternative fuel' has the meaning given
such term by section 301(2) of the Energy Policy Act of 1992 (42 U.S.C.
13211(2)), as in effect on the date of the enactment of this section.
`(2) GASOLINE GALLON EQUIVALENT- The term `gasoline gallon equivalent'
means, with respect to any alternative fuel, the amount (determined by the
Secretary) of such fuel having a Btu content of 114,000.
`(3) QUALIFIED MOTOR VEHICLE- The term `qualified motor vehicle' means
any motor vehicle (as defined in section 179A(e)(2)) which meets any
applicable Federal or State emissions standards with respect to each fuel by
which such vehicle is designed to be propelled.
`(A) IN GENERAL- The term `sold at retail' means the sale, for a
purpose other than resale, after manufacture, production, or
importation.
`(B) USE TREATED AS SALE- If any person uses alternative fuel as a
fuel to propel any qualified motor vehicle (including any use after
importation) before such fuel is sold at retail, then such use shall be
treated in the same manner as if such fuel were sold at retail as a fuel
to propel such a vehicle by such person.
`(c) NO DOUBLE BENEFIT- The amount of any deduction or credit allowable
under this chapter for any fuel taken into account in computing the amount of
the credit determined under subsection (a) shall be reduced by the amount of
such credit attributable to such fuel.
`(d) PASS-THRU IN THE CASE OF ESTATES AND TRUSTS- Under regulations
prescribed by the Secretary, rules similar to the rules of subsection (d) of
section 52 shall apply.
`(e) TERMINATION- This section shall not apply to any fuel sold at retail
after December 31, 2007.'.
(b) CREDIT TREATED AS BUSINESS CREDIT- Section 38(b) (relating to current
year business credit), as amended by this Act, is amended by striking `plus'
at the end of paragraph (16), by striking the period at the end of paragraph
(17) and inserting `, plus', and by adding at the end the following:
`(18) the alternative fuel retail sales credit determined under section
40A(a).'.
(c) TRANSITIONAL RULE- Section 39(d) (relating to transitional rules), as
amended by this Act, is amended by adding at the end the following:
`(16) NO CARRYBACK OF SECTION 40A CREDIT BEFORE EFFECTIVE DATE- No
portion of the unused business credit for any taxable year which is
attributable to the alternative fuel retail sales credit determined under
section 40A(a) may be carried back to a taxable year ending before January
1, 2001.'.
(d) CLERICAL AMENDMENT- The table of sections for subpart D of part IV of
subchapter A of chapter 1 is amended by inserting after the item relating to
section 40 the following:
`Sec. 40A. Credit for retail sale of alternative fuels as motor vehicle
fuel.'.
(e) EFFECTIVE DATE- The amendments made by this section shall apply to
fuel sold at retail after December 31, 2000, in taxable years ending after
such date.
SEC. 984. EXTENSION OF DEDUCTION FOR CERTAIN REFUELING PROPERTY.
(a) IN GENERAL- Section 179A(f) (relating to termination) is amended by
striking `2004' and inserting `2007'.
(b) CONFORMING AMENDMENT- Section 179A(c) (relating to qualified
clean-fuel vehicle property defined) is amended by striking paragraph (3).
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
property placed in service after December 31, 2000, in taxable years ending
after such date.
SEC. 985. ADDITIONAL DEDUCTION FOR COST OF INSTALLATION OF ALTERNATIVE
FUELING STATIONS.
(a) IN GENERAL- Subparagraph (A) of section 179A(b)(2) (relating to
qualified clean-fuel vehicle refueling property) is amended to read as
follows:
`(A) IN GENERAL- The aggregate cost which may be taken into account
under subsection (a)(1)(B) with respect to qualified clean-fuel vehicle
refueling property placed in service during the taxable year at a location
shall not exceed the sum of--
`(i) with respect to costs not described in clause (ii), the excess
(if any) of--
`(II) the aggregate amount of such costs taken into account under
subsection (a)(1)(B) by the taxpayer (or any related person or
predecessor) with respect to property placed in service at such
location for all preceding taxable years, plus
`(I) the cost of the installation of such property,
or
(b) EFFECTIVE DATE- The amendment made by this section shall apply to
property placed in service after December 31, 2000.
Subtitle H--Renewable Energy
SEC. 991. MODIFICATIONS TO CREDIT FOR ELECTRICITY PRODUCED FROM RENEWABLE
RESOURCES AND EXTENSION TO WASTE ENERGY.
(a) EXPANSION OF QUALIFIED ENERGY RESOURCES-
(1) IN GENERAL- Section 45(c)(1) (defining qualified energy resources)
is amended by striking `and' at the end of subparagraph (A), by striking
subparagraph (B), and by adding at the end the following:
`(C) municipal solid waste,
`(D) incremental hydropower,
`(G) steel cogeneration.'
(2) DEFINITIONS- Section 45(c) is amended by redesignating paragraph (3)
as paragraph (8) and by striking paragraph (2) and inserting the
following:
`(2) BIOMASS- The term `biomass' means--
`(A) any organic material from a plant which is planted exclusively
for purposes of being used at a qualified facility to produce electricity,
or
`(B) any solid, nonhazardous waste material which is derived
from--
`(i) any of the following forest-related resources: mill residues,
precommercial thinnings, slash, and brush, but not including old-growth
timber,
`(ii) waste pallets, crates, and dunnage, and landscape or
right-of-way tree trimmings, but not including unsegregated municipal
solid waste or paper that is destined for recycling, or
`(iii) agriculture sources, including switchgrass, orchard tree
crops, vineyards, grain, legumes, sugar, and other crop by-products or
residues.
`(3) MUNICIPAL SOLID WASTE- The term `municipal solid waste' has the
same meaning given the term `solid waste' under section 2(27) of the Solid
Waste Utilization Act (42 U.S.C. 6903).
`(4) INCREMENTAL HYDROPOWER- The term `incremental hydropower' means
additional generating capacity achieved from increased efficiency or
additions of new capacity at existing hydroelectric dams licensed by the
Federal Energy Regulatory Commission.
`(5) GEOTHERMAL- The term `geothermal' means energy derived from a
geothermal deposit (within the meaning of section 613(e)(2)), but only, in
the case of electricity generated by geothermal power, up to (but not
including) the electrical transmission stage.
`(6) LANDFILL GAS- The term `landfill gas' means gas generated from the
decomposition of any household solid waste, commercial solid waste, and
industrial solid waste disposed of in a municipal solid waste landfill unit
(as such terms are defined in regulations promulgated under subtitle D of
the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.).
`(7) STEEL COGENERATION- The term `steel cogeneration' means the
production of electricity and steam (or other form of thermal energy) from
any or all waste sources in subparagraphs (A), (B), and (C) within an
operating facility which produces or integrates the production of coke,
direct reduced iron ore, iron, or steel but only if the cogeneration meets
any regulatory energy-efficiency standards established by the Secretary, and
only to the extent that such energy is produced from--
`(A) gases or heat generated from the production of metallurgical
coke,
`(B) gases or heat generated from the production of direct reduced
iron ore or iron, from blast furnace or direct ironmaking processes,
or
`(C) gases or heat generated from the manufacture of steel.'
(b) EXTENSION AND MODIFICATION OF PLACED-IN-SERVICE RULES- Paragraph (8)
of section 45(c), as redesignated by subsection (a), is amended to read as
follows:
`(A) IN GENERAL- The term `qualified facility' means any facility
owned or leased by the taxpayer which is originally placed in
service--
`(i) in the case of a facility using wind to produce electricity,
after December 31, 1993, and before July 1, 2011,
`(ii) in the case of a facility using municipal solid waste,
geothermal or landfill gas to produce electricity, after the date of the
enactment of this subparagraph and before July 1, 2011,
`(iii) in the case of a facility using biomass to produce
electricity, before July 1, 2011, except that a facility shall not be
treated as a qualified facility for any month unless, for such month,
biomass comprises not less than 75 percent (on a Btu basis) of the
average monthly fuel input of the facility for the taxable year which
includes such month, and
`(iv) in the case of a facility using steel cogeneration to produce
electricity, after December 31, 2000, and before January 1,
2011.
`(B) COMBINED PRODUCTION FACILITIES INCLUDED- For purposes of this
paragraph, the term `qualified facility' shall include a facility using
biomass to produce electricity and other biobased products such as
chemicals and fuels from renewable resources.
`(C) SPECIAL RULES- In the case of a qualified facility described in
subparagraph (A) (ii), (iii), or (iv)--
`(i) the 10-year period referred to in subsection (a) shall be
treated as beginning no earlier than the date of the enactment of this
paragraph, and
`(ii) subsection (b)(3) shall not apply to any such facility
originally placed in service before January 1, 1997.'
(c) SPECIAL RULES FOR LANDFILL GAS- Section 45(d) is amended by adding at
the end the following:
`(8) CREDIT ALLOWABLE FOR SALE OF LANDFILL GAS-
`(A) IN GENERAL- In the case of landfill gas which is produced by the
taxpayer but not used by the taxpayer to produce electricity, paragraph
(2) of subsection (a) shall be applied as if it read as follows:
`(2) the kilowatt-hour equivalent of the landfill gas--
`(A) produced by the taxpayer at a qualified facility during the
10-year period beginning on the date the facility was originally placed in
service, and
`(B) sold by the taxpayer to an unrelated person during the taxable
year.'.
`(B) KILOWATT HOUR EQUIVALENT- For purposes of applying subparagraph
(A), the kilowatt hour equivalent for landfill gas is the amount of such
gas which has a Btu content of 10,000.
`(C) SPECIAL RULES- In the case of landfill gas to which subparagraph
(A) applies--
`(i) the reference to electricity in paragraphs (1) and (4) shall be
treated as including a reference to such gas,
`(ii) the reference price for such gas shall be determined under
paragraph (2)(C) on the basis of kilowatt hour equivalents,
and
`(iii) the reference to ownership interests in paragraph (3) shall
be treated as including a reference to any economic
interest.'
(d) COORDINATION WITH OTHER CREDITS- Section 45(d) (relating to
definitions and special rules) is amended by adding at the end the
following:
`(9) COORDINATION WITH OTHER CREDITS- This section shall not apply to
any production with respect to which the clean coal technology production
credit under section 45F or 45G, or the nonconventional fuel production
credit under section 29, is allowed unless the taxpayer elects to waive the
application of such credit to such production.'.
(e) CONFORMING AMENDMENTS-
(1) The heading for section 45 is amended by inserting `and waste
energy' after `renewable'.
(2) The item relating to section 45 in the table of sections subpart D
of part IV of subchapter A of chapter 1 is amended by inserting `and waste
energy' after `renewable'.
(f) EFFECTIVE DATE- The amendments made by this section shall apply to
electricity produced after the date of the enactment of this Act.
SEC. 992. CREDIT FOR RESIDENTIAL SOLAR AND WIND ENERGY PROPERTY.
(a) IN GENERAL- Subpart A of part IV of subchapter A of chapter 1
(relating to nonrefundable personal credits), as amended by this Act, is
amended by inserting after section 25B the following new section:
`SEC. 25C. RESIDENTIAL SOLAR AND WIND ENERGY PROPERTY.
`(a) ALLOWANCE OF CREDIT- In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the taxable
year an amount equal to the sum of--
`(1) 15 percent of the qualified photovoltaic property expenditures made
by the taxpayer during the taxable year,
`(2) 15 percent of the qualified solar water heating property
expenditures made by the taxpayer during the taxable year, and
`(3) 15 percent of the qualified wind energy property expenditures made
by the taxpayer during the taxable year.
`(1) MAXIMUM CREDIT- The credit allowed under subsection (a)(2) shall
not exceed $2,000 for each system of solar energy property.
`(2) TYPE OF PROPERTY- No expenditure may be taken into account under
this section unless such expenditure is made by the taxpayer for property
installed on or in connection with a dwelling unit which is located in the
United States and which is used as a residence.
`(3) SAFETY CERTIFICATIONS- No credit shall be allowed under this
section for an item of property unless--
`(A) in the case of solar water heating equipment, such equipment is
certified for performance and safety by the non-profit Solar Rating
Certification Corporation or a comparable entity endorsed by the
government of the State in which such property is installed, and
`(B) in the case of a photovoltaic or wind energy system, such system
meets appropriate fire and electric code requirements.
`(c) DEFINITIONS- For purposes of this section--
`(1) QUALIFIED SOLAR WATER HEATING PROPERTY EXPENDITURE- The term
`qualified solar water heating property expenditure' means an expenditure
for property that uses solar energy to heat water for use in a dwelling unit
with respect to which a majority of the energy is derived from the
sun.
`(2) QUALIFIED PHOTOVOLTAIC PROPERTY EXPENDITURE- The term `qualified
photovoltaic property expenditure' means an expenditure for property that
uses solar energy to generate electricity for use in a dwelling unit.
`(3) SOLAR PANELS- No expenditure relating to a solar panel or other
property installed as a roof (or portion thereof) shall fail to be treated
as property described in paragraph (1) or (2) solely because it constitutes
a structural component of the structure on which it is installed.
`(4) QUALIFIED WIND ENERGY PROPERTY EXPENDITURE- The term `qualified
wind energy property expenditure' means an expenditure for property which
uses wind energy to generate electricity for use in a dwelling unit.
`(5) LABOR COSTS- Expenditures for labor costs properly allocable to the
onsite preparation, assembly, or original installation of the property
described in paragraph (1), (2), or (4) and for piping or wiring to
interconnect such property to the dwelling unit shall be taken into account
for purposes of this section.
`(6) ENERGY STORAGE MEDIUM- Expenditures which are properly allocable to
a swimming pool, hot tub, or any other energy storage medium which has a
function other than the function of such storage shall not be taken into
account for purposes of this section.
`(d) SPECIAL RULES- For purposes of this section--
`(1) DOLLAR AMOUNTS IN CASE OF JOINT OCCUPANCY- In the case of any
dwelling unit which is jointly occupied and used during any calendar year as
a residence by 2 or more individuals the following shall apply:
`(A) The amount of the credit allowable under subsection (a) by reason
of expenditures (as the case may be) made during such calendar year by any
of such individuals with respect to such dwelling unit shall be determined
by treating all of such individuals as 1 taxpayer whose taxable year is
such calendar year.
`(B) There shall be allowable with respect to such expenditures to
each of such individuals, a credit under subsection (a) for the taxable
year in which such calendar year ends in an amount which bears the same
ratio to the amount determined under subparagraph (A) as the amount of
such expenditures made by such individual during such calendar year bears
to the aggregate of such expenditures made by all of such individuals
during such calendar year.
`(2) TENANT-STOCKHOLDER IN COOPERATIVE HOUSING CORPORATION- In the case
of an individual who is a tenant-stockholder (as defined in section 216) in
a cooperative housing corporation (as defined in such section), such
individual shall be treated as having made his tenant-stockholder's
proportionate share (as defined in section 216(b)(3)) of any expenditures of
such corporation.
`(A) IN GENERAL- In the case of an individual who is a member of a
condominium management association with respect to a condominium which he
owns, such individual shall be treated as having made his proportionate
share of any expenditures of such association.
`(B) CONDOMINIUM MANAGEMENT ASSOCIATION- For purposes of this
paragraph, the term `condominium management association' means an
organization which meets the requirements of paragraph (1) of section
528(c) (other than subparagraph (E) thereof) with respect to a condominium
project substantially all of the units of which are used as
residences.
`(4) JOINT OWNERSHIP OF ITEMS OF SOLAR OR WIND ENERGY PROPERTY-
`(A) IN GENERAL- Any expenditure otherwise qualifying as an
expenditure described in paragraph (1), (2), or (4) of subsection (c)
shall not be treated as failing to so qualify merely because such
expenditure was made with respect to 2 or more dwelling units.
`(B) LIMITS APPLIED SEPARATELY- In the case of any expenditure
described in subparagraph (A), the amount of the credit allowable under
subsection (a) shall (subject to paragraph (1)) be computed separately
with respect to the amount of the expenditure made for each dwelling
unit.
`(5) ALLOCATION IN CERTAIN CASES- If less than 80 percent of the use of
an item is for nonbusiness residential purposes, only that portion of the
expenditures for such item which is properly allocable to use for
nonbusiness residential purposes shall be taken into account. For purposes
of this paragraph, use for a swimming pool shall be treated as use which is
not for residential purposes.
`(6) WHEN EXPENDITURE MADE; AMOUNT OF EXPENDITURE-
`(A) IN GENERAL- Except as provided in subparagraph (B), an
expenditure with respect to an item shall be treated as made when the
original installation of the item is completed.
`(B) EXPENDITURES PART OF BUILDING CONSTRUCTION- In the case of an
expenditure in connection with the construction or reconstruction of a
structure, such expenditure shall be treated as made when the original use
of the constructed or reconstructed structure by the taxpayer
begins.
`(C) AMOUNT- The amount of any expenditure shall be the cost
thereof.
`(7) REDUCTION OF CREDIT FOR GRANTS, TAX-EXEMPT BONDS, AND SUBSIDIZED
ENERGY FINANCING- The rules of section 29(b)(3) shall apply for purposes of
this section.
`(e) BASIS ADJUSTMENTS- For purposes of this subtitle, if a credit is
allowed under this section for any expenditure with respect to any property,
the increase in the basis of such property which would (but for this
subsection) result from such expenditure shall be reduced by the amount of the
credit so allowed.
`(f) TERMINATION- The credit allowed under this section shall not apply to
taxable years beginning after December 31, 2011.'.
(b) CONFORMING AMENDMENTS-
(1) Subsection (a) of section 1016 is amended by striking `and' at the
end of paragraph (29), by striking the period at the end of paragraph (30)
and inserting `; and', and by adding at the end the following new
paragraph:
`(31) to the extent provided in section 25C(e), in the case of amounts
with respect to which a credit has been allowed under section 25C.'
(2) The table of sections for subpart A of part IV of subchapter A of
chapter 1 is amended by inserting after the item relating to section 25B the
following new item:
`Sec. 25C. Residential solar and wind energy property.'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
taxable years ending after December 31, 2001.
SEC. 993. TREATMENT OF FACILITIES USING BAGASSE TO PRODUCE ENERGY AS SOLID
WASTE DISPOSAL FACILITIES ELIGIBLE FOR TAX-EXEMPT FINANCING.
(a) IN GENERAL- Section 142 (relating to exempt facility bond) is amended
by adding at the end the following:
`(k) SOLID WASTE DISPOSAL FACILITIES- For purposes of subsection (a)(6),
the term `solid waste disposal facilities' includes property used for the
collection, storage, treatment, utilization, processing, or final disposal of
bagasse in the manufacture of ethanol.'.
(b) EFFECTIVE DATE- The amendment made by this section shall apply to
bonds issued after the date of the enactment of this Act.
END