HR 4 EAS April 25, 2002. Resolved, That the bill from the House of Representatives (H.R. 4) entitled `An Act to enhance energy conservation, research and development and to provide for security and diversity in the energy supply for the American people, and for other purposes.', do pass with the following AMENDMENT: Strike out all after the enacting clause and insert: SECTION 1. SHORT TITLE.This Act may be cited as the `Energy Policy Act of 2002'. SEC. 2. TABLE OF CONTENTS.
Sec. 2. Table of contents. DIVISION A--RELIABLE AND DIVERSE POWER GENERATION AND TRANSMISSIONTITLE I--REGIONAL COORDINATIONTITLE II--ELECTRICITYSubtitle A--Amendments to the Federal Power Act
Sec. 202. Electric utility mergers. Sec. 203. Market-based rates. Sec. 204. Refund effective date. Sec. 205. Open access transmission by certain utilities. Sec. 206. Electric reliability standards. Sec. 207. Market transparency rules. Sec. 208. Access to transmission by intermittent generators. Sec. 209. Enforcement. Sec. 210. Electric power transmission systems. Subtitle B--Amendments to the Public Utility Holding Company Act
Sec. 222. Definitions. Sec. 223. Repeal of the Public Utility Holding Company Act of 1935. Sec. 224. Federal access to books and records. Sec. 225. State access to books and records. Sec. 226. Exemption authority. Sec. 227. Affiliate transactions. Sec. 228. Applicability. Sec. 229. Effect on other regulations. Sec. 230. Enforcement. Sec. 231. Savings provisions. Sec. 232. Implementation. Sec. 233. Transfer of resources. Sec. 234. Inter-agency review of competition in the wholesale and retail markets for electric energy. Sec. 235. GAO study on implementation. Sec. 236. Effective date. Sec. 237. Authorization of appropriations. Sec. 238. Conforming amendments to the Federal Power Act. Subtitle C--Amendments to the Public Utility Regulatory Policies Act of 1978Subtitle D--Consumer Protections
Sec. 252. Consumer privacy. Sec. 253. Office of Consumer Advocacy. Sec. 254. Unfair trade practices. Sec. 255. Applicable procedures. Sec. 256. Federal Trade Commission enforcement. Sec. 257. State authority. Sec. 258. Application of subtitle. Sec. 259. Definitions. Subtitle E--Renewable Energy and Rural Construction GrantsSubtitle F--General ProvisionsTITLE III--HYDROELECTRIC RELICENSING
TITLE IV--INDIAN ENERGY
Sec. 402. Office of Indian Energy Policy and Programs. Sec. 403. Conforming amendments. Sec. 404. Siting energy facilities on tribal lands. Sec. 405. Indian Mineral Development Act review. Sec. 406. Renewable energy study. Sec. 407. Federal Power Marketing Administrations. Sec. 408. Feasibility study of combined wind and hydropower demonstration project. TITLE V--NUCLEAR POWERSubtitle A--Price-Anderson Act Reauthorization
Sec. 502. Extension of indemnification authority. Sec. 503. Department of Energy liability limit. Sec. 504. Incidents outside the United States. Sec. 505. Reports. Sec. 506. Inflation adjustment. Sec. 507. Civil penalties. Sec. 508. Treatment of modular reactors. Sec. 509. Effective date. Subtitle B--Miscellaneous ProvisionsSubtitle C--Growth of Nuclear Energy
Subtitle D--NRC Regulatory ReformSubtitle E--NRC Personnel CrisisDIVISION B--DOMESTIC OIL AND GAS PRODUCTION AND TRANSPORTATIONTITLE VI--OIL AND GAS PRODUCTION
Sec. 602. Federal onshore leasing programs for oil and gas. Sec. 603. Oil and gas lease acreage limitations. Sec. 604. Orphaned and abandoned wells on Federal land. Sec. 605. Orphaned and abandoned oil and gas well program. Sec. 606. Offshore development. Sec. 607. Coalbed methane study. Sec. 608. Fiscal policies to maximize recovery of domestic oil and gas resources. Sec. 609. Strategic Petroleum Reserve. Sec. 610. Hydraulic fracturing. Sec. 611. Authorization of appropriations. Sec. 612. Preservation of oil and gas resource data. Sec. 613. Resolution of Federal resource development conflicts in the Powder River Basin. TITLE VII--NATURAL GAS PIPELINESSubtitle A--Alaska Natural Gas Pipeline
Sec. 702. Findings. Sec. 703. Purposes. Sec. 704. Issuance of certificate of public convenience and necessity. Sec. 705. Environmental reviews. Sec. 706. Pipeline expansion. Sec. 707. Federal Coordinator. Sec. 708. Judicial review. Sec. 709. State jurisdiction over in-State delivery of natural gas. Sec. 710. Loan guarantee. Sec. 711. Study of alternative means of construction. Sec. 712. Clarification of ANGTA status and authorities. Sec. 713. Definitions. Sec. 714. Sense of the Senate. Sec. 715. Alaskan pipeline construction training program. Subtitle B--Operating Pipelines
Subtitle C--Pipeline SafetyPart I--Short Title; Amendment of Title 49
Part II--Pipeline Safety Improvement Act of 2002
Sec. 762. NTSB safety recommendations. Sec. 763. Qualifications of pipeline personnel. Sec. 764. Pipeline integrity inspection program. Sec. 765. Enforcement. Sec. 766. Public education, emergency preparedness, and community right-to-know. Sec. 767. Penalties. Sec. 768. State oversight role. Sec. 769. Improved data and data availability. Sec. 770. Research and development. Sec. 771. Pipeline integrity technical advisory committee. Sec. 772. Authorization of appropriations. Sec. 773. Operator assistance in investigations. Sec. 774. Protection of employees providing pipeline safety information. Sec. 775. State pipeline safety advisory committees. Sec. 776. Fines and penalties. Sec. 777. Study of rights-of-way. Sec. 778. Study of natural gas reserve. Sec. 779. Study and report on natural gas pipeline and storage facilities in New England. Part III--Pipeline Security Sensitive InformationDIVISION C--DIVERSIFYING ENERGY DEMAND AND IMPROVING EFFICIENCYTITLE VIII--FUELS AND VEHICLESSubtitle A--CAFE Standards, Alternative Fuels, and Advanced Technology
Sec. 802. Expedited procedures for congressional increase in fuel economy standards. Sec. 803. Revised considerations for decisions on maximum feasible average fuel economy. Sec. 804. Extension of maximum fuel economy increase for alternative fueled vehicles. Sec. 805. Procurement of alternative fueled and hybrid light duty trucks. Sec. 806. Use of alternative fuels. Sec. 807. Hybrid electric and fuel cell vehicles. Sec. 808. Diesel fueled vehicles. Sec. 809. Fuel cell demonstration. Sec. 810. Bus replacement. Sec. 811. Average fuel economy standards for pickup trucks. Sec. 812. Exception to HOV passenger requirements for alternative fuel vehicles. Sec. 813. Data collection. Sec. 814. Green school bus pilot program. Sec. 815. Fuel cell bus development and demonstration program. Sec. 816. Authorization of appropriations. Sec. 817. Temporary biodiesel credit expansion. Sec. 818. Neighborhood electric vehicles. Sec. 819. Credit for hybrid vehicles, dedicated alternative fuel vehicles, and infrastructure. Sec. 820. Renewable content of motor vehicle fuel. Sec. 820A. Federal agency ethanol-blended gasoline and biodiesel purchasing requirement. Sec. 820B. Commercial byproducts from municipal solid waste loan guarantee program. Subtitle B--Additional Fuel Efficiency MeasuresSubtitle C--Federal Reformulated Fuels
Sec. 832. Leaking underground storage tanks. Sec. 833. Authority for water quality protection from fuels. Sec. 834. Elimination of oxygen content requirement for reformulated gasoline. Sec. 835. Public health and environmental impacts of fuels and fuel additives. Sec. 836. Analyses of motor vehicle fuel changes. Sec. 837. Additional opt-in areas under reformulated gasoline program. Sec. 838. Federal enforcement of State fuels requirements. Sec. 839. Fuel system requirements harmonization study. Sec. 840. Review of Federal procurement initiatives relating to use of recycled products and fleet and transportation efficiency. TITLE IX--ENERGY EFFICIENCY AND ASSISTANCE TO LOW INCOME CONSUMERSSubtitle A--Low Income Assistance and State Energy ProgramsSubtitle B--Federal Energy Efficiency
Sec. 912. Energy use measurement and accountability. Sec. 913. Federal building performance standards. Sec. 914. Procurement of energy efficient products. Sec. 915. Repeal of energy savings performance contract sunset. Sec. 916. Energy savings performance contract definitions. Sec. 917. Review of energy savings performance contract program. Sec. 918. Federal Energy Bank. Sec. 919. Energy and water saving measures in congressional buildings. Sec. 920. Increased use of recovered material in federally funded projects involving procurement of cement or concrete. Subtitle C--Industrial Efficiency and Consumer Products
Sec. 922. Authority to set standards for commercial products. Sec. 923. Additional definitions. Sec. 924. Additional test procedures. Sec. 925. Energy labeling. Sec. 926. Energy Star Program. Sec. 927. Energy conservation standards for central air-conditioners and heat pumps. Sec. 928. Energy conservation standards for additional consumer and commercial products. Sec. 929. Consumer education on energy efficiency benefits of air-conditioning, heating, and ventilation maintenance. Sec. 930. Study of energy efficiency standards. Subtitle D--Housing Efficiency
Sec. 932. Increase of CDBG public services cap for energy conservation and efficiency activities. Sec. 933. FHA mortgage insurance incentives for energy efficient housing. Sec. 934. Public housing capital fund. Sec. 935. Grants for energy-conserving improvements for assisted housing. Sec. 936. North American Development Bank. Sec. 937. Capital fund. Sec. 938. Energy-efficient appliances. Sec. 939. Energy efficiency standards. Sec. 940. Energy strategy for HUD. Subtitle E--Rural and Remote Communities
Sec. 942. Findings and purpose. Sec. 943. Definitions. Sec. 944. Authorization of appropriations. Sec. 945. Statement of activities and review. Sec. 946. Eligible activities. Sec. 947. Allocation and distribution of funds. Sec. 948. Rural and remote community electrification grants. Sec. 949. Additional authorization of appropriations. Sec. 950. Rural recovery community development block grants. DIVISION D--INTEGRATION OF ENERGY POLICY AND CLIMATE CHANGE POLICYTITLE X--NATIONAL CLIMATE CHANGE POLICYSubtitle A--Sense of Congress
Subtitle B--Climate Change Strategy
Sec. 1012. Definitions. Sec. 1013. National climate change strategy. Sec. 1014. Office of National Climate Change Policy. Sec. 1015. Office of Climate Change Technology. Sec. 1016. Additional offices and activities. Subtitle C--Science and Technology Policy
Sec. 1022. Director of Office of Science and Technology Policy Functions. Subtitle D--Miscellaneous Provisions
Sec. 1032. Greenhouse gas emissions from Federal facilities. TITLE XI--NATIONAL GREENHOUSE GAS DATABASE
Sec. 1102. Definitions. Sec. 1103. Establishment of memorandum of agreement. Sec. 1104. National Greenhouse Gas Database. Sec. 1105. Greenhouse gas reduction reporting. Sec. 1106. Measurement and verification. Sec. 1107. Independent reviews. Sec. 1108. Review of participation. Sec. 1109. Enforcement. Sec. 1110. Report on statutory changes and harmonization. Sec. 1111. Authorization of appropriations. DIVISION E--ENHANCING RESEARCH, DEVELOPMENT, AND TRAININGTITLE XII--ENERGY RESEARCH AND DEVELOPMENT PROGRAMS
Sec. 1202. Findings. Sec. 1203. Definitions. Sec. 1204. Construction with other laws. Subtitle A--Energy Efficiency
Sec. 1212. Energy efficiency science initiative. Sec. 1213. Next generation lighting initiative. Sec. 1214. Railroad efficiency. Sec. 1215. High power density industry program. Sec. 1216. Research regarding precious metal catalysis. Subtitle B--Renewable Energy
Sec. 1222. Bioenergy programs. Sec. 1223. Hydrogen research and development. Subtitle C--Fossil Energy
Sec. 1232. Power plant improvement initiative. Sec. 1233. Research and development for advanced safe and efficient coal mining technologies. Sec. 1234. Ultra-deepwater and unconventional resource exploration and production technologies. Sec. 1235. Research and development for new natural gas transportation technologies. Sec. 1236. Authorization of appropriations for Office of Arctic Energy. Sec. 1237. Clean coal technology loan. Subtitle D--Nuclear Energy
Sec. 1242. University nuclear science and engineering support. Sec. 1243. Nuclear energy research initiative. Sec. 1244. Nuclear energy plant optimization program. Sec. 1245. Nuclear energy technology development program. Subtitle E--Fundamental Energy Science
Sec. 1252. Nanoscale science and engineering research. Sec. 1253. Advanced scientific computing for energy missions. Sec. 1254. Fusion energy sciences program and planning. Subtitle F--Energy, Safety, and Environmental Protection
Sec. 1262. Research and demonstration for remediation of groundwater from energy activities.-- TITLE XIII--CLIMATE CHANGE SCIENCE AND TECHNOLOGYSubtitle A--Department of Energy Programs
Sec. 1302. Amendments to the Federal Nonnuclear Research and Development Act of 1974. Subtitle B--Department of Agriculture Programs
Sec. 1312. Carbon sequestration demonstration projects and outreach. Sec. 1313. Carbon storage and sequestration accounting research. Subtitle C--International Energy Technology Transfer
Sec. 1322. International energy technology deployment program. Subtitle D--Climate Change Science and InformationPart I--Amendments to the Global Change Research Act of 1990
Sec. 1332. Changes in definitions. Sec. 1333. Change in committee name and structure. Sec. 1334. Change in national global change research plan. Sec. 1335. Integrated Program Office. Sec. 1336. Research grants. Sec. 1337. Evaluation of information. Part II--National Climate Services and Monitoring
Sec. 1342. Changes in findings. Sec. 1343. Tools for regional planning. Sec. 1344. Authorization of appropriations. Sec. 1345. National Climate Service Plan. Sec. 1346. International Pacific research and cooperation. Sec. 1347. Reporting on trends. Sec. 1348. Arctic research and policy. Sec. 1349. Abrupt climate change research. Part III--Ocean and Coastal Observing System
Sec. 1352. Authorization of appropriations. Subtitle E--Climate Change Technology
Sec. 1362. Development of new measurement technologies. Sec. 1363. Enhanced environmental measurements and standards. Sec. 1364. Technology development and diffusion. Sec. 1365. Authorization of appropriations. Subtitle F--Climate Adaptation and Hazards PreventionPart I--Assessment and Adaptation
Sec. 1372. Coastal vulnerability and adaptation. Sec. 1373. Arctic research center. Part II--Forecasting and Planning Pilot Programs
Sec. 1382. Database establishment. Sec. 1383. Air quality research, forecasts and warnings. Sec. 1384. Definitions. Sec. 1385. Authorization of appropriations. TITLE XIV--MANAGEMENT OF DOE SCIENCE AND TECHNOLOGY PROGRAMS
Sec. 1402. Availability of funds. Sec. 1403. Cost sharing. Sec. 1404. Merit review of proposals. Sec. 1405. External technical review of departmental programs. Sec. 1406. Improved coordination and management of civilian science and technology programs. Sec. 1407. Improved coordination of technology transfer activities. Sec. 1408. Technology infrastructure program. Sec. 1409. Small business advocacy and assistance. Sec. 1410. Other transactions. Sec. 1411. Mobility of scientific and technical personnel. Sec. 1412. National Academy of Sciences report. Sec. 1413. Report on technology readiness and barriers to technology transfer. Sec. 1414. United States-Mexico energy technology cooperation. TITLE XV--PERSONNEL AND TRAINING
Sec. 1502. Postdoctoral and senior research fellowships in energy research. Sec. 1503. Training guidelines for electric energy industry personnel. Sec. 1504. National Center on Energy Management and Building Technologies. Sec. 1505. Improved access to energy-related scientific and technical careers. Sec. 1506. National power plant operations technology and education center. Sec. 1507. Federal mine inspectors. DIVISION F--TECHNOLOGY ASSESSMENT AND STUDIESTITLE XVI--TECHNOLOGY ASSESSMENT
TITLE XVII--STUDIES
Sec. 1702. Assessment of dependence of State of Hawaii on oil. Sec. 1703. Study of siting an electric transmission system on Amtrak right-of-way. Sec. 1704. Updating of insular area renewable energy and energy efficiency plans. Sec. 1705. Consumer Energy Commission. Sec. 1706. Study of natural gas and other energy transmission infrastructure across the great lakes. Sec. 1707. National Academy of Sciences study of procedures for selection and assessment of certain routes for shipment of spent nuclear fuel from research nuclear reactors. Sec. 1708. Report on energy savings and water use. Sec. 1709. Report on research on hydrogen production and use. DIVISION G--ENERGY INFRASTRUCTURE SECURITYTITLE XVIII--CRITICAL ENERGY INFRASTRUCTURESubtitle A--Department of Energy Programs
Sec. 1802. Role of the Department of Energy. Sec. 1803. Critical energy infrastructure programs. Sec. 1804. Advisory Committee on Energy Infrastructure Security. Sec. 1805. Best practices and standards for energy infrastructure security. Subtitle B--Department of the Interior Programs
DIVISION H--ENERGY TAX INCENTIVES
TITLE XIX--EXTENSION AND MODIFICATION OF RENEWABLE ELECTRICITY PRODUCTION TAX CREDIT
Sec. 1902. Credit for electricity produced from biomass. Sec. 1903. Credit for electricity produced from swine and bovine waste nutrients, geothermal energy, and solar energy. Sec. 1904. Treatment of persons not able to use entire credit. Sec. 1905. Credit for electricity produced from small irrigation power. Sec. 1906. Credit for electricity produced from municipal biosolids and recycled sludge. TITLE XX--ALTERNATIVE MOTOR VEHICLES AND FUELS INCENTIVES
Sec. 2002. Modification of credit for qualified electric vehicles. Sec. 2003. Credit for installation of alternative fueling stations. Sec. 2004. Credit for retail sale of alternative fuels as motor vehicle fuel. Sec. 2005. Small ethanol producer credit. Sec. 2006. All alcohol fuels taxes transferred to Highway Trust Fund. Sec. 2007. Increased flexibility in alcohol fuels tax credit. Sec. 2008. Incentives for biodiesel. Sec. 2009. Credit for taxpayers owning commercial power takeoff vehicles. Sec. 2010. Modifications to the incentives for alternative vehicles and fuels. TITLE XXI--CONSERVATION AND ENERGY EFFICIENCY PROVISIONS
Sec. 2102. Credit for energy efficient appliances. Sec. 2103. Credit for residential energy efficient property. Sec. 2104. Credit for business installation of qualified fuel cells and stationary microturbine power plants. Sec. 2105. Energy efficient commercial buildings deduction. Sec. 2106. Allowance of deduction for qualified new or retrofitted energy management devices. Sec. 2107. Three-year applicable recovery period for depreciation of qualified energy management devices. Sec. 2108. Energy credit for combined heat and power system property. Sec. 2109. Credit for energy efficiency improvements to existing homes. Sec. 2110. Allowance of deduction for qualified new or retrofitted water submetering devices. Sec. 2111. Three-year applicable recovery period for depreciation of qualified water submetering devices. TITLE XXII--CLEAN COAL INCENTIVESSubtitle A--Credit for Emission Reductions and Efficiency Improvements in Existing Coal-based Electricity Generation Facilities
Subtitle B--Incentives for Early Commercial Applications of Advanced Clean Coal Technologies
Sec. 2212. Credit for production from a qualifying advanced clean coal technology unit. Subtitle C--Treatment of Persons Not Able To Use Entire Credit
TITLE XXIII--OIL AND GAS PROVISIONS
Sec. 2302. Natural gas gathering lines treated as 7-year property. Sec. 2303. Expensing of capital costs incurred in complying with environmental protection agency sulfur regulations. Sec. 2304. Environmental tax credit. Sec. 2305. Determination of small refiner exception to oil depletion deduction. Sec. 2306. Marginal production income limit extension. Sec. 2307. Amortization of geological and geophysical expenditures. Sec. 2308. Amortization of delay rental payments. Sec. 2309. Study of coal bed methane. Sec. 2310. Extension and modification of credit for producing fuel from a nonconventional source. Sec. 2311. Natural gas distribution lines treated as 15-year property. TITLE XXIV--ELECTRIC UTILITY RESTRUCTURING PROVISIONS
Sec. 2402. Modifications to special rules for nuclear decommissioning costs. Sec. 2403. Treatment of certain income of cooperatives. Sec. 2404. Sales or dispositions to implement Federal Energy Regulatory Commission or State electric restructuring policy. Sec. 2405. Application of temporary regulations to certain output contracts. Sec. 2406. Treatment of certain development income of cooperatives. TITLE XXV--ADDITIONAL PROVISIONS
Sec. 2502. Study of effectiveness of certain provisions by GAO. Sec. 2503. Credit for production of Alaska natural gas. Sec. 2504. Sale of gasoline and diesel fuel at duty-free sales enterprises. Sec. 2505. Treatment of dairy property. Sec. 2506. Clarification of excise tax exemptions for agricultural aerial applicators. Sec. 2507. Modification of rural airport definition. Sec. 2508. Exemption from ticket taxes for transportation provided by seaplanes. DIVISION I--IRAQ OIL IMPORT RESTRICTIONTITLE XXVI--IRAQ OIL IMPORT RESTRICTION
Sec. 2602. Prohibition on Iraqi-origin petroleum imports. Sec. 2603. Termination/Presidential certification. Sec. 2604. Humanitarian interests. Sec. 2605. Definitions. Sec. 2606. Effective date. DIVISION J--MISCELLANEOUSTITLE XXVII--MISCELLANEOUS PROVISION
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