[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3238 Reported in House (RH)]
Union Calendar No. 193
110th CONGRESS
1st Session
H. R. 3238
[Report No. 110-306, Part I]
To promote the development of renewable fuels infrastructure, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 31, 2007
Mr. Boucher (for himself and Mr. Dingell) introduced the following
bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committees on Science and Technology, Transportation
and Infrastructure, and Oversight and Government Reform, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
August 3, 2007
Reported from the Committee on Energy and Commerce
August 3, 2007
Committees on Science and Technology, Transportation and
Infrastructure, and Oversight and Government Reform discharged;
committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
A BILL
To promote the development of renewable fuels infrastructure, 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. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
TITLE I--RENEWABLE FUEL INFRASTRUCTURE
Sec. 101. Renewable fuel infrastructure development.
Sec. 102. Prohibition on franchise agreement restrictions related to
renewable fuel infrastructure.
Sec. 103. Renewable fuel dispenser requirements.
Sec. 104. Pipeline feasibility study.
Sec. 105. Study of ethanol-blended gasoline with greater levels of
ethanol.
Sec. 106. Study of the adequacy of railroad transportation of
domestically-produced renewable fuel.
Sec. 107. Standard specifications for biodiesel.
Sec. 108. Grants for cellulosic ethanol production.
Sec. 109. Consumer education campaign relating to flexible-fuel
vehicles.
Sec. 110. Review of new renewable fuels or new renewable fuel
additives.
Sec. 111. Domestic manufacturing conversion grant program.
Sec. 112. Cellulosic ethanol and biofuels research.
Sec. 113. Federal fleet fueling centers.
Sec. 114. Study of impact of increased renewable fuel use.
Sec. 115. Grants for renewable fuel production research and development
in certain States.
Sec. 116. Study of effect of oil prices.
Sec. 117. Biodiesel as alternative fuel for CAFE purposes.
TITLE II--UNITED STATES-ISRAEL ENERGY COOPERATION
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Grant program.
Sec. 204. International Energy Advisory Board.
Sec. 205. Definitions.
Sec. 206. Termination.
Sec. 207. Authorization of appropriations.
Sec. 208. Constitutional authority.
TITLE I--RENEWABLE FUEL INFRASTRUCTURE
SEC. 101. RENEWABLE FUEL INFRASTRUCTURE DEVELOPMENT.
(a) Definition.--For purposes of this Act--
(1) the term ``renewable fuel'' means E85 biofuel, or B20;
(2) the term ``biofuel'' means fuel produced entirely from
biological material and determined by the Department of Energy
and the Environmental Protection Agency to be commercially
viable;
(3) the term ``B20'' means a mixture of biodiesel and
diesel fuel meeting the standard established by the American
Society for Testing and Materials or under section 211(u) of
the Clean Air Act for fuel containing 20 percent biodiesel;
(4) the term ``E85'' means a fuel blend containing 85
percent denatured ethanol and 15 percent gasoline by volume;
(5) the term ``flexible-fuel vehicle'' means any motor
vehicle warranted by the manufacturer of the vehicle as capable
of operating on gasoline or diesel fuel and on--
(A) E85; or
(B) B20; and
(6) the term ``motor vehicle'' means, as defined in
regulations promulgated by the Administrator of the
Environmental Protection Agency that are in effect on the date
of enactment of this Act--
(A) a light-duty truck;
(B) a light-duty vehicle; or
(C) medium-duty passenger vehicle,
that is designed to be propelled by gasoline or diesel fuel.
(b) Infrastructure Development Grants.--The Secretary of Energy
shall establish a program for making grants for providing assistance to
retail and wholesale motor fuel dealers or other entities for the
installation, replacement, or conversion of motor fuel storage and
dispensing infrastructure to be used exclusively to store and dispense
renewable fuel. Such infrastructure may include equipment used in the
blending, distribution, and transport of such fuels.
(c) Retail Technical and Marketing Assistance.--The Secretary of
Energy shall enter into contracts with entities with demonstrated
experience in assisting retail fueling stations in installing refueling
systems and marketing renewable fuels nationally, for the provision of
technical and marketing assistance to recipients of grants under this
section. Such assistance shall include--
(1) technical advice for compliance with applicable Federal
and State environmental requirements;
(2) help in identifying supply sources and securing long-
term contracts; and
(3) provision of public outreach, education, and labeling
materials.
(d) Allocation.--The Secretary of Energy may reserve funds
appropriated for carrying out this section to support renewable fuels
infrastructure development projects with a cost of greater than
$1,000,000, that are of national significance. The Secretary shall
reserve funds appropriated for the renewable fuels infrastructure
development grant program for technical and marketing assistance
described in subsection (c).
(e) Selection Criteria.--Not later than 12 months after the date of
enactment of this Act, the Secretary shall establish criteria for
evaluating applications for grants under this section that will
maximize the availability and use of renewable fuel, and that will
ensure that renewable fuel is available across the country. Such
criteria shall provide for--
(1) consideration of the public demand for each renewable
fuel in a particular geographic area based on State
registration records showing the number of flexible-fuel
vehicles;
(2) consideration of the opportunity to create or expand
corridors of renewable fuel stations along interstate or State
highways;
(3) consideration of the experience of each applicant with
previous, similar projects;
(4) consideration of population, number of flexible-fuel
vehicles, number of retail fuel outlets, and saturation of
flexible-fuel vehicles; and
(5) priority consideration to applications that--
(A) are most likely to maximize displacement of
petroleum consumption, measured as a total quantity and
a percentage;
(B) are best able to incorporate existing
infrastructure while maximizing, to the extent
practicable, the use of renewable fuels; and
(C) demonstrate the greatest commitment on the part
of the applicant to ensure funding for the proposed
project and the greatest likelihood that the project
will be maintained or expanded after Federal assistance
under this section is completed.
(f) Combined Applications.--States and local government entities
and nonprofit entities may apply for assistance under this section on
behalf of a group of retailers within a certain geographic area, or to
carry out regional or multistate deployment projects. Any such
application shall certify the availability and details of a program to
match the Federal grant as required under subsection (g) and list the
retail locations that would receive the funds.
(g) Limitations.--Assistance provided under this section shall not
exceed--
(1) 33 percent of the estimated cost of the installation,
replacement, or conversion of motor fuel storage and dispensing
infrastructure; or
(2) $180,000 for a combination of equipment at any one
retail outlet location.
(h) Operation of Renewable Fuel Stations.--The Secretary shall
establish rules that set forth requirements for grant recipients under
this section that include providing to the public the renewable fuel,
establishing a marketing plan that informs consumers of the price and
availability of the renewable fuel, clearly labeling the dispensers and
related equipment, and providing periodic reports on the status of the
renewable fuel sales, the type and amount of the renewable fuel
dispensed at each location, and the average price of such fuel.
(i) Notification Requirements.--Not later than the date on which
each renewable fuel station begins to offer renewable fuel to the
public, the grant recipient that used grant funds to construct or
upgrade such station shall notify the Secretary of Energy of such
opening. The Secretary of Energy shall add each new renewable fuel
station to the renewable fuel station locator on its Website when it
receives notification under this subsection.
(j) Ineligibility.--No person may receive assistance under this
section and receive a credit under section 30C of the Internal Revenue
Code of 1986.
(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Energy for carrying out this section
$200,000,000 for each of the fiscal years 2008 through 2014.
(l) Restriction.--No grant shall be provided under this section to
a large, vertically integrated oil company.
SEC. 102. PROHIBITION ON FRANCHISE AGREEMENT RESTRICTIONS RELATED TO
RENEWABLE FUEL INFRASTRUCTURE.
(a) In General.--Title I of the Petroleum Marketing Practices Act
(15 U.S.C. 2801 et seq.) is amended by adding at the end the following:
``SEC. 107. PROHIBITION ON RESTRICTION OF INSTALLATION OF RENEWABLE
FUEL PUMPS.
``(a) Definition.--In this section:
``(1) Renewable fuel.--The term `renewable fuel' means any
fuel--
``(A) at least 85 percent of the volume of which
consists of ethanol; or
``(B) any mixture of biodiesel and diesel or
renewable diesel (as defined in regulations adopted
pursuant to section 211(o) of the Clean Air Act (40
C.F.R., Part 80)), determined without regard to any use
of kerosene and containing at least 20 percent
biodiesel or renewable diesel.
``(2) Franchise-related document.--The term `franchise-
related document' means--
``(A) a franchise under this Act; and
``(B) any other contract or directive of a
franchisor relating to terms or conditions of the sale
of fuel by a franchisee.
``(b) Prohibitions.--
``(1) In general.--No franchise-related document entered
into or renewed on or after the date of enactment of this
section shall contain any provision allowing a franchisor to
restrict the franchisee or any affiliate of the franchisee
from--
``(A) installing on the marketing premises of the
franchisee a renewable fuel pump or tank, except that
the franchisee's franchisor may restrict the
installation of a tank on leased marketing premises of
such franchisor;
``(B) converting an existing tank or pump on the
marketing premises of the franchisee for renewable fuel
use, so long as such tank or pump and the piping
connecting them are either warranted by the
manufacturer or certified by a recognized standards
setting organization to be suitable for use with such
renewable fuel;
``(C) advertising (including through the use of
signage) the sale of any renewable fuel;
``(D) selling renewable fuel in any specified area
on the marketing premises of the franchisee (including
any area in which a name or logo of a franchisor or any
other entity appears);
``(E) purchasing renewable fuel from sources other
than the franchisor if the franchisor does not offer
its own renewable fuel for sale by the franchisee;
``(F) listing renewable fuel availability or
prices, including on service station signs, fuel
dispensers, or light poles; or
``(G) allowing for payment of renewable fuel with a
credit card,
so long as such activities described in subparagraphs (A)
through (G) do not constitute mislabeling, misbranding, willful
adulteration, or other trademark violations by the franchisee.
``(2) Effect of provision.--Nothing in this section shall
be construed to preclude a franchisor from requiring the
franchisee to obtain reasonable indemnification and insurance
policies.
``(c) Exception to 3-Grade Requirement.--No franchise-related
document that requires that 3 grades of gasoline be sold by the
applicable franchisee shall prevent the franchisee from selling an
renewable fuel in lieu of 1, and only 1, grade of gasoline.''.
(b) Enforcement.--Section 105 of the Petroleum Marketing Practices
Act (15 U.S.C. 2805) is amended by striking ``102 or 103'' each place
it appears and inserting ``102, 103, or 107''.
(c) Conforming Amendments.--
(1) In general.--Section 101(13) of the Petroleum Marketing
Practices Act (15 U.S.C. 2801(13)) is amended by aligning the
margin of subparagraph (C) with subparagraph (B).
(2) Table of contents.--The table of contents of the
Petroleum Marketing Practices Act (15 U.S.C. 2801 note) is
amended--
(A) by inserting after the item relating to section
106 the following:
``Sec. 107. Prohibition on restriction of installation of renewable
fuel pumps.'';
and
(B) by striking the item relating to section 202
and inserting the following:
``Sec. 202. Automotive fuel rating testing and disclosure
requirements.''.
SEC. 103. RENEWABLE FUEL DISPENSER REQUIREMENTS.
(a) Market Penetration Reports.--The Secretary of Energy, in
consultation with the Secretary of Transportation, shall determine and
report to Congress annually on the market penetration for flexible-fuel
vehicles in use within geographic regions to be established by the
Secretary of Energy.
(b) Dispenser Feasibility Study.--Not later than 24 months after
the date of enactment of this Act, the Secretary of Energy, in
consultation with the Department of Transportation, shall report to the
Congress on the feasibility of requiring motor fuel retailers to
install E-85 compatible dispensers and related systems at retail fuel
facilities in regions where flexible-fuel vehicle market penetration
has reached 15 percent of motor vehicles. In conducting such study, the
Secretary shall consider and report on the following factors:
(1) The commercial availability of E-85 fuel and the number
of competing E-85 wholesale suppliers in a given region.
(2) The level of financial assistance provided on an annual
basis by the Federal Government, State governments, and
nonprofit entities for the installation of E-85 compatible
infrastructure.
(3) The number of retailers whose retail locations are
unable to support more than 2 underground storage tank
dispensers.
(4) The expense incurred by retailers in the installation
and sale of E-85 compatible dispensers and related systems and
any potential effects on the price of motor vehicle fuel.
SEC. 104. PIPELINE FEASIBILITY STUDY.
(a) In General.--The Secretary of Energy, in consultation with the
Secretary of Transportation, shall conduct a study of the feasibility
of the construction of dedicated ethanol pipelines.
(b) Factors.--In conducting the study, the Secretary shall
consider--
(1) the quantity of ethanol production that would make
dedicated pipelines economically viable;
(2) existing or potential barriers to dedicated ethanol
pipelines, including technical, siting, financing, and
regulatory barriers;
(3) market risk (including throughput risk) and means of
mitigating the risk;
(4) regulatory, financing, and siting options that would
mitigate risk in those areas and help ensure the construction
of 1 or more dedicated ethanol pipelines;
(5) financial incentives that may be necessary for the
construction of dedicated ethanol pipelines, including the
return on equity that sponsors of the initial dedicated ethanol
pipelines will require to invest in the pipelines;
(6) technical factors that may compromise the safe
transportation of ethanol in pipelines, identifying remedial
and preventative measures to ensure pipeline integrity; and
(7) such other factors as the Secretary considers
appropriate.
(c) Report.--Not later than 15 months after the date of enactment
of this Act, the Secretary shall submit to Congress a report describing
the results of the study conducted under this section.
SEC. 105. STUDY OF ETHANOL-BLENDED GASOLINE WITH GREATER LEVELS OF
ETHANOL.
(a) In General.--The Administrator of the Environmental Protection
Agency, in cooperation with the Secretary of Energy and the Secretary
of Transportation, and after providing notice and an opportunity for
public comment, shall conduct a study of the feasibility of widespread
utilization in the United States of ethanol blended gasoline with
levels of ethanol greater than 10 percent.
(b) Study.--The study under subsection (a) shall include--
(1) a review of production and infrastructure constraints
on increasing the consumption of ethanol;
(2) an evaluation of the economic, market, and energy
impacts of State and regional differences in ethanol blends;
(3) an evaluation of the economic, market, and energy
impacts on gasoline retailers and consumers of separate and
distinctly labeled fuel storage facilities and dispensers;
(4) an evaluation of the environmental impacts of mid-level
ethanol blends on evaporative and exhaust emissions from on-
road, off-road and marine engines, recreational boats,
vehicles, and equipment;
(5) an evaluation of the impacts of mid-level ethanol
blends on the operation, durability, and performance of on-
road, off-road, and marine engines, recreational boats,
vehicles, and equipment; and
(6) an evaluation of the safety impacts of mid-level
ethanol blends on consumers that own and operate off-road and
marine engines, recreational boats, vehicles, or equipment.
(c) Report.--Not later than 24 months after the date of enactment
of this Act, the Administrator shall submit to the Committee on Energy
and Commerce of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report describing the
results of the study conducted under this section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator such sums as may be necessary for the
completion of the study required under this section.
SEC. 106. STUDY OF THE ADEQUACY OF RAILROAD TRANSPORTATION OF
DOMESTICALLY-PRODUCED RENEWABLE FUEL.
(a) Study.--
(1) In general.--The Secretary of Energy, in consultation
with the Secretary of Transportation, shall conduct a study of
the adequacy of railroad transportation of domestically-
produced renewable fuel.
(2) Components.--In conducting the study under paragraph
(1), the Secretary shall consider--
(A) the adequacy of, and appropriate location for,
tracks that have sufficient capacity, and are in the
appropriate condition, to move the necessary quantities
of domestically-produced renewable fuel;
(B) the adequacy of the supply of railroad tank
cars, locomotives, and rail crews to move the necessary
quantities of domestically-produced renewable fuel in a
timely fashion;
(C)(i) the projected costs of moving the
domestically-produced renewable fuel using railroad
transportation; and
(ii) the impact of the projected costs on the
marketability of the domestically-produced renewable
fuel;
(D) whether there is adequate railroad competition
to ensure--
(i) a fair price for the railroad
transportation of domestically-produced
renewable fuel; and
(ii) acceptable levels of service for
railroad transportation of domestically-
produced renewable fuel;
(E) any rail infrastructure capital costs that the
railroads indicate should be paid by the producers or
distributors of domestically-produced renewable fuel;
(F) whether Federal agencies have adequate legal
authority to ensure a fair and reasonable
transportation price and acceptable levels of service
in cases in which the domestically-produced renewable
fuel source does not have access to competitive rail
service;
(G) whether Federal agencies have adequate legal
authority to address railroad service problems that may
be resulting in inadequate supplies of domestically-
produced renewable fuel in any area of the United
States; and
(H) any recommendations for any additional legal
authorities for Federal agencies to ensure the reliable
railroad transportation of adequate supplies of
domestically-produced renewable fuel at reasonable
prices.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report that describes the
results of the study conducted under subsection (a).
SEC. 107. STANDARD SPECIFICATIONS FOR BIODIESEL.
Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by
redesignating subsection (s) as subsection (t), redesignating
subsection (r) (relating to conversion assistance for cellulosic
biomass, waste-derived ethanol, approved renewable fuels) as subsection
(s) and by adding the following new subsection at the end thereof:
``(u) Standard Specifications for Biodiesel.--Unless the American
Society for Testing and Materials has adopted a standard for diesel
fuel containing 20 percent biodiesel, not later than 1 year after the
date of enactment of this subsection, the Administrator shall initiate
a rulemaking establishing a series of uniform per gallon fuel standards
for categories of fuels that contain biodiesel, including one standard
for fuel containing 20 percent biodiesel, and designate an
identification number for fuel meeting each standard in each such
category so that vehicle manufacturers are able to design engines to
use fuel meeting one or more of such standards. The Administrator shall
finalize the standards under this subsection 18 months after the date
of the enactment of this subsection.''.
SEC. 108. GRANTS FOR CELLULOSIC ETHANOL PRODUCTION.
Subsection (s) of section 211 of the Clean Air Act (as added by
section 1512 of the Energy Policy Act of 2005) (and as redesignated by
section 107 of this Act), relating to conversion assistance for
cellulosic biomass, waste-derived ethanol, and approved renewable
fuels, is amended as follows:
(1) By adding the following new subparagraphs at the end of
paragraph (3):
``(D) $500,000,000 for fiscal year 2009.
``(E) $500,000,000 for fiscal year 2010.''.
(2) By adding the following new paragraph at the end
thereof:
``(5) Criteria.--In awarding grants under this section, the
Secretary shall give priority to applications that promote
feedstock diversity and the geographic dispersion of production
facilities.''.
SEC. 109. CONSUMER EDUCATION CAMPAIGN RELATING TO FLEXIBLE-FUEL
VEHICLES.
The Secretary of Transportation, in consultation with the Secretary
of Energy, shall carry out an education program to inform consumers
about which motor vehicles are flexible-fuel vehicles and how to
exercise their opportunity to choose E85 or B20. As part of such
program, the Secretary of Transportation may coordinate with motor
vehicle manufacturers to notify owners of flexible-fuel vehicles of
locations where E85 and B20 are sold in their area.
SEC. 110. REVIEW OF NEW RENEWABLE FUELS OR NEW RENEWABLE FUEL
ADDITIVES.
Notwithstanding any other provision of law, a waiver under section
211(f)(4) of the Clean Air Act for any renewable fuel or renewable fuel
additive shall not be considered granted unless the Administrator of
the Environment Protection Agency, following a public notice and
comment period, takes final action granting the application for a
waiver based on an application of the section 211(f)(4) standards and
criteria with respect to emissions control devices or systems and
vehicle emissions standards to on-road and non-road engines and
vehicles. The Administrator shall take final action on an application
for a waiver no later than 270 days after the Administrator receives
the application.
SEC. 111. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM.
Section 712 of the Energy Policy Act of 2005 (42 U.S.C. 16062) is
amended--
(1) in subsection (a)--
(A) by inserting ``, flexible-fuel,'' after
``production of efficient hybrid''; and
(B) by adding at the end the following: ``Priority
shall be given to the refurbishment or retooling of
manufacturing facilities that have recently ceased
operation or will cease operation in the near
future.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Coordination With State and Local Programs.--The Secretary
may coordinate implementation of this section with State and local
programs designed to accomplish similar goals, including the retention
and retraining of skilled workers from the such manufacturing
facilities, including by establishing matching grant arrangements.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out this section.''.
SEC. 112. CELLULOSIC ETHANOL AND BIOFUELS RESEARCH.
There are authorized to be appropriated to the Secretary of Energy
$50,000,000 for fiscal year 2008, to remain available until expended,
for cellulosic ethanol and biofuels research and development grants to
10 entities from among 1890 land grant colleges, Historically Black
Colleges or Universities, Tribal serving institutions, or Hispanic
serving institutions, selected by the Secretary of Energy to receive a
grant under this section through a peer-reviewed competitive process.
The selected entities shall then collaborate with one of the Department
of Energy's Office of Science Bioenergy Research Centers.
SEC. 113. FEDERAL FLEET FUELING CENTERS.
(a) In General.--Not later than January 1, 2010, the head of each
Federal agency shall install at least 1 renewable fuel pump at each
Federal fleet fueling center in the United States under the
jurisdiction of the head of the Federal agency.
(b) Report.--Not later than October 31 of the first calendar year
beginning after the date of the enactment of this Act, and each October
31 thereafter, the President shall submit to Congress a report that
describes the progress toward complying with subsection (a), including
identifying--
(1) the number of Federal fleet fueling centers that
contain at least 1 renewable fuel pump; and
(2) the number of Federal fleet fueling centers that do not
contain any renewable fuel pumps.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 114. STUDY OF IMPACT OF INCREASED RENEWABLE FUEL USE.
(a) In General.--The Secretary of Energy shall, after consultation
with the Administrator of the Environmental Protection Agency, the
Administrator of the Energy Information Administration, and the
Secretary of Agriculture, conduct a study to assess the impact of
increased use of renewable fuels on the United States economy. The
Secretary shall enter into an arrangement with the National Academy of
Sciences to provide peer review of the study.
(b) Study Elements.--The study shall analyze, in terms of renewable
fuels, the following:
(1) The impact of the use of renewable fuels on the energy
security of the United States.
(2) The impact of the use of renewable fuels on public
health and the environment, including air and water quality.
(3) The impact of renewable fuels on the infrastructure of
the United States, including the deliverability of materials,
goods, and products other than alternative fuels.
(4) The impact of the use of renewable fuels on job
creation, the price and supply of agricultural commodities, and
rural economic development.
(c) Participation.--In conducting the study under this section, the
Secretary and other agencies shall seek the participation, and consider
the input, of the following:
(1) Producers of feed grains.
(2) Producers of livestock, poultry, and pork products.
(3) Producers of energy.
(4) Individuals and entities interested in issues relating
to conservation, the environment, and nutrition, and users of
renewable fuels.
(d) Report.--The Secretary shall submit a report to the Congress
containing the initial results of the study under this section not
later than 2 years after enactment of this Act and subsequently
supplement and update such report every 3 years thereafter.
SEC. 115. GRANTS FOR RENEWABLE FUEL PRODUCTION RESEARCH AND DEVELOPMENT
IN CERTAIN STATES.
(a) In General.--The Secretary shall provide grants to eligible
entities to conduct research into, and develop and implement, renewable
fuel production technologies in States with low rates of ethanol
production, including low rates of production of cellulosic biomass
ethanol, as determined by the Secretary.
(b) Eligibility.--To be eligible to receive a grant under the
section, an entity shall--
(1)(A) be an institution of higher education (as defined in
section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801))
located in a State described in subsection (a);
(B) be an institution--
(i) referred to in section 532 of the Equity in
Educational Land-Grant Status Act of 1994 (Public Law
103-382; 7 U.S.C. 301 note);
(ii) that is eligible for a grant under the
Tribally Controlled College or University Assistance
Act of 1978 (25 U.S.C. 1801 et seq.), including Dine
College; or
(iii) that is eligible for a grant under the Navajo
Community College Act (25 U.S.C. 640a et seq.); or
(C) be a consortium of such institutions of higher
education, industry, State agencies, Indian tribal agencies, or
local government agencies located in the State; and
(2) have proven experience and capabilities with relevant
technologies.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 2008 through 2010.
SEC. 116. STUDY OF EFFECT OF OIL PRICES.
The Secretary of Energy shall conduct a study to review the
anticipated effects on renewable fuels production if oil were priced no
lower than $40 per barrel. The Secretary shall report the findings of
such study to Congress by December 31, 2008.
SEC. 117. BIODIESEL AS ALTERNATIVE FUEL FOR CAFE PURPOSES.
Section 32901(a) of title 49, United States Code, is amended--
(1) in paragraph (1), by redesignating subparagraphs (J)
and (K) as subparagraphs (K) and (L), respectively, and
inserting after subparagraph (I) the following:
``(J) B20 biodiesel blend;''; and
(2) by redesignating paragraphs (7) through (16) as
paragraphs (9) through (18), respectively, and insert after
paragraph (6) the following:
``(7) `biodiesel' means the monoalkyl esters of long chain
fatty acids derived from plant or animal matter which meet--
``(A) the registration requirements for fuels and
fuel additives established by the Environmental
Protection Agency under section 211 of the Clean Air
Act (42 U.S.C. 7545); and
``(B) the requirements of the American Society of
Testing and Materials D6751.
``(8) `B20 biodiesel blend' means a mixture of biodiesel
and diesel fuel approximately 20 percent of the content of
which is biodiesel, and commonly known as `B20'.''.
TITLE II--UNITED STATES-ISRAEL ENERGY COOPERATION
SEC. 201. SHORT TITLE.
This title may be cited as the ``United States-Israel Energy
Cooperation Act''.
SEC. 202. FINDINGS.
Congress finds that--
(1) it is in the highest national security interests of the
United States to ensure secure access to reliable energy
sources;
(2) the United States relies heavily on the foreign supply
of crude oil to meet the energy needs of the United States,
currently importing 58 percent of the total oil requirements of
the United States, of which 45 percent comes from member states
of the Organization of Petroleum Exporting Countries (OPEC);
(3) revenues from the sale of oil by some of these
countries directly or indirectly provide funding for terrorism
and propaganda hostile to the values of the United States and
the West;
(4) in the past, these countries have manipulated the
dependence of the United States on the oil supplies of these
countries to exert undue influence on United States policy, as
during the embargo of OPEC during 1973 on the sale of oil to
the United States, which became a major factor in the ensuing
recession;
(5) research by the Energy Information Administration of
the Department of Energy has shown that the dependence of the
United States on foreign oil will increase by 33 percent over
the next 20 years;
(6) a rise in the price of imported oil sufficient to
increase gasoline prices by 10 cents per gallon at the pump
would result in an additional outflow of $18,000,000,000 from
the United States to oil-exporting nations;
(7) for economic and national security reasons, the United
States should reduce, as soon as practicable, the dependence of
the United States on nations that do not share the interests
and values of the United States;
(8) the State of Israel has been a steadfast ally and a
close friend of the United States since the creation of Israel
in 1948;
(9) like the United States, Israel is a democracy that
holds civil rights and liberties in the highest regard and is a
proponent of the democratic values of peace, freedom, and
justice;
(10) cooperation between the United States and Israel on
such projects as the development of the Arrow Missile has
resulted in mutual benefits to United States and Israeli
security;
(11) the special relationship between Israel and the United
States has been and continues to be manifested in a variety of
jointly-funded cooperative programs in the field of scientific
research and development, such as--
(A) the United States-Israel Binational Science
Foundation (BSF);
(B) the Israel-United States Binational
Agricultural Research and Development Fund (BARD); and
(C) the Israel-United States Binational Industrial
Research and Development (BIRD) Foundation;
(12) these programs, supported by the matching
contributions from the Government of Israel and the Government
of the United States and directed by key scientists and
academics from both countries, have made possible many
scientific breakthroughs in the fields of life sciences,
medicine, bioengineering, agriculture, biotechnology,
communications, and others;
(13) on February 1, 1996, United States Secretary of Energy
Hazel R. O'Leary and Israeli Minister of Energy and
Infrastructure Gonen Segev signed the Agreement Between the
Department of Energy of the United States of America and the
Ministry of Energy and Infrastructure of Israel Concerning
Energy Cooperation, to establish a framework for collaboration
between the United States and Israel in energy research and
development activities;
(14) the United States and Israeli governments should
promote cooperation in a broad range of projects designed to
enhance supplies of nonpetroleum energy for both countries, and
to provide for cutting edge research in each country;
(15) Israeli scientists and researchers have long been at
the forefront of research and development in the field of
alternative renewable energy sources;
(16) many of the top corporations of the world have
recognized the technological and scientific expertise of Israel
by locating important research and development facilities in
Israel;
(17) among the technological breakthroughs made by Israeli
scientists and researchers in the field of alternative,
renewable energy sources are--
(A) the development of a cathode that uses
hexavalent iron salts that accept 3 electrons per ion
and enable rechargeable batteries to provide 3 times as
much electricity as existing rechargeable batteries;
(B) the development of a technique that vastly
increases the efficiency of using solar energy to
generate hydrogen for use in energy cells; and
(C) the development of a novel membrane used in new
and powerful direct-oxidant fuel cells that is capable
of competing favorably with hydrogen fuel cells and
traditional internal combustion engines; and
(18) cooperation between the United States and Israel in
the field of research and development of alternative renewable
energy sources would be in the interests of both countries, and
both countries stand to gain much from such cooperation.
SEC. 203. GRANT PROGRAM.
(a) Authority.--Pursuant to the responsibilities described in
section 102(10), (14), and (17) of the Department of Energy
Organization Act (42 U.S.C. 7112(10), (14), and (17)) and section
103(9) of the Energy Reorganization Act of 1974 (42 U.S.C. 5813(9)),
the Secretary, in consultation with the BIRD or BSF, shall award grants
to eligible entities.
(b) Application.--
(1) Submission of applications.--To receive a grant under
this section, an eligible entity shall submit an application to
the Secretary containing such information and assurances as the
Secretary, in consultation with the BIRD or BSF, may require.
(2) Selection of eligible entities.--The Secretary, in
consultation with the Directors of the BIRD and BSF, may review
any application submitted by any eligible entity and select any
eligible entity meeting criteria established by the Secretary,
in consultation with the Advisory Board, for a grant under this
section.
(c) Amount of Grant.--The amount of each grant awarded for a fiscal
year under this section shall be determined by the Secretary, in
consultation with the BIRD or BSF.
(d) Recoupment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish procedures
and criteria for recoupment in connection with any eligible
project carried out by an eligible entity that receives a grant
under this section, which has led to the development of a
product or process which is marketed or used.
(2) Amount required.--
(A) Except as provided in subparagraph (B), such
recoupment shall be required as a condition for award
and be proportional to the Federal share of the costs
of such project, and shall be derived from the proceeds
of royalties or licensing fees received in connection
with such product or process.
(B) In the case where a product or process is used
by the recipient of a grant under this section for the
production and sale of its own products or processes,
the recoupment shall consist of a payment equivalent to
the payment which would be made under subparagraph (A).
(3) Waiver.--The Secretary may at any time waive or defer
all or some of the recoupment requirements of this subsection
as necessary, depending on--
(A) the commercial competitiveness of the entity or
entities developing or using the product or process;
(B) the profitability of the project; and
(C) the commercial viability of the product or
process utilized.
(e) Private Funds.--The Secretary may accept contributions of funds
from private sources to carry out this title.
(f) Office of Energy Efficiency and Renewable Energy.--The
Secretary shall carry out this section through the existing programs at
the Office of Energy Efficiency and Renewable Energy.
(g) Report.--Not later than 180 days after receiving a grant under
this section, each recipient shall submit a report to the Secretary--
(1) documenting how the recipient used the grant funds; and
(2) evaluating the level of success of each project funded
by the grant.
SEC. 204. INTERNATIONAL ENERGY ADVISORY BOARD.
(a) Establishment.--There is established in the Department of
Energy an International Energy Advisory Board.
(b) Duties.--The Advisory Board shall advise the Secretary on--
(1) criteria for the recipients of grants awarded under
section 203(a);
(2) the total amount of grant money to be awarded to all
grantees selected by the Secretary, in consultation with the
BIRD; and
(3) the total amount of grant money to be awarded to all
grantees selected by the Secretary, in consultation with the
BSF, for each fiscal year.
(c) Membership.--
(1) Composition.--The Advisory Board shall be composed of--
(A) 1 member appointed by the Secretary of
Commerce;
(B) 1 member appointed by the Secretary of Energy;
and
(C) 2 members who shall be Israeli citizens,
appointed by the Secretary of Energy after consultation
with appropriate officials in the Israeli Government.
(2) Deadline for appointments.--The initial appointments
under paragraph (1) shall be made not later than 60 days after
the date of enactment of this Act.
(3) Term.--Each member of the Advisory Board shall be
appointed for a term of 4 years.
(4) Vacancies.--A vacancy on the Advisory Board shall be
filled in the manner in which the original appointment was
made.
(5) Basic pay.--
(A) Compensation.--A member of the Advisory Board
shall serve without pay.
(B) Travel expenses.--Each member of the Advisory
Board shall receive travel expenses, including per diem
in lieu of subsistence, in accordance with applicable
provisions of subchapter I of chapter 57 of title 5,
United States Code.
(6) Quorum.--Three members of the Advisory Board shall
constitute a quorum.
(7) Chairperson.--The Chairperson of the Advisory Board
shall be designated by the Secretary of Energy at the time of
the appointment.
(8) Meetings.--The Advisory Board shall meet at least once
annually at the call of the Chairperson.
(d) Termination.--Section 14(a)(2)(B) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Advisory Board.
SEC. 205. DEFINITIONS.
In this title:
(1) Advisory board.--The term ``Advisory Board'' means the
International Energy Advisory Board established by section
204(a).
(2) BIRD.--The term ``BIRD'' means the Israel-United States
Binational Industrial Research and Development Foundation.
(3) BSF.--The term ``BSF'' means the United States-Israel
Binational Science Foundation.
(4) Eligible entity.--The term ``eligible entity'' means a
joint venture comprised of both Israeli and United States
private business entities or a joint venture comprised of both
Israeli academic persons (who reside and work in Israel) and
United States academic persons, that--
(A) carries out an eligible project; and
(B) is selected by the Secretary, in consultation
with the BIRD or BSF, using the criteria established by
the Secretary, in consultation with the Advisory Board.
(5) Eligible project.--The term ``eligible project'' means
a project to encourage cooperation between the United States
and Israel on research, development, or commercialization of
alternative energy, improved energy efficiency, or renewable
energy sources.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy, acting through the Assistant Secretary of Energy for
Energy Efficiency and Renewable Energy.
SEC. 206. TERMINATION.
The grant program authorized under section 203 and the Advisory
Board shall terminate upon the expiration of the 7-year period which
begins on the date of the enactment of this Act.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
The Secretary is authorized to expend not more than $20,000,000 to
carry out this title for each of fiscal years 2008 through 2014 from
funds previously authorized to the Office of Energy Efficiency and
Renewable Energy.
SEC. 208. CONSTITUTIONAL AUTHORITY.
The Constitutional authority on which this title rests is the power
of Congress to regulate commerce with foreign nations as enumerated in
article I, section 8 of the United States Constitution.
Union Calendar No. 193
110th CONGRESS
1st Session
H. R. 3238
[Report No. 110-306, Part I]
_______________________________________________________________________
A BILL
To promote the development of renewable fuels infrastructure, and for
other purposes.
_______________________________________________________________________
August 3, 2007
Committees on Science and Technology, Transportation and
Infrastructure, and Oversight and Government Reform discharged;
committed to the Committee of the Whole House on the State of the Union
and ordered to be printed