H.R.4 - Energy Policy Act of 2002107th Congress (2001-2002)
Summary: H.R.4 — 107th Congress (2001-2002)
Energy Policy Act of 2002 - Division A: Reliable and Diverse Power Generation and Transmission - Title I: Regional Coordination - States it is Federal policy to encourage States to coordinate their energy policies on a regional basis in order to provide reliable, affordable energy services to the public while minimizing the impact of providing energy services on communities and the environment. Instructs the Secretary of Energy (Secretary) to: (1) provide technical assistance to such State regional organizations; and (2) convene an annual conference to promote regional coordination on energy policy and infrastructure issues.
Passed Senate amended (04/25/2002)
Title II: Electricity - Subtitle A: Amendments to the Federal Power Act - Amends the Federal Power Act to: (1) mandate that a holding company in a holding company system that includes a transmitting utility or an electric utility company acquire authorization of the Federal Energy Regulatory Commission (FERC) prior to purchasing, acquiring, merging or consolidating, with certain utilities; and (2) empower FERC to approve or revoke market-based rates; and (3) authorize FERC to require unregulated transmitting utilities to provide open access transmission.
(Sec. 206) Grants FERC jurisdiction over an electric reliability organization, any regional entities, and all users, owners and operators of the bulk-power system, for purposes of approving and enforcing compliance with reliability standards. Prescribes implementation guidelines.
(Sec. 207) Instructs FERC to: (1) issue rules establishing an electronic information system that timely disseminates the availability and price of wholesale electric energy and transmission services; and (2) ensure that transmitting utilities provide transmission service to intermittent generators so as not to unduly prejudice or disadvantage such generators.
Subtitle B: Amendments to the Public Utility Holding Company Act - Public Utility Holding Company Act of 2002 - Repeals the Public Utility Holding Company Act of 1935. Prescribes implementation guidelines for Federal and State access to books and records of holding companies.
(Sec. 234) Establishes the Electric Energy Market Competition Task Force as an inter-agency task force to review competition in the wholesale and retail electric energy markets.
(Sec. 235) Instructs the Comptroller General to study and report to Congress on the success of the Federal and State governments to: (1) prevent anticompetitive practices and other abuses by public utility holding companies, including cross-subsidization and other market power abuses; and (2) promote competition and efficient energy markets for the benefit of consumers.
Subtitle C: Amendments to the Public Utility Regulatory Policies Act of 1978 - Amends the Public Utility Regulatory Policies Act of 1978 (PURPA), to adopt standards governing: (1) real-time pricing and time-of-use metering; (2) distributed generation; (3)distribution interconnections; (4)minimum fuel and technology diversity; and (5) fossil fuel efficiency.
(Sec. 244) Repeals mandatory purchase and sale requirements governing cogeneration and small power production facilities. Mandates net metering service upon electric consumer request.
Subtitle D: Consumer Protections - Directs the Federal Trade Commission (FTC) to: (1) prescribe certain consumer information disclosure requirements incumbent upon electric utility vendors; (2) prohibit such vendors from disclosing or permitting access to electric consumer information obtained from their customers without such customers' approval; and (3) issue proscriptions against unfair trade practices known as "slamming" and "cramming".
(Sec. 253) Establishes within the Department of Justice the Office of Consumer Advocacy.
Subtitle E: Renewable Energy and Rural Construction Grants - Amends the Energy Policy Act of 1992 to revise guidelines governing renewable energy production incentive payments and to include incremental hydropower.
(Sec. 262) Directs the Secretary to review and report annually regarding assessments of renewable energy resources. Directs the President to ensure that Federal electric energy consumption falls within prescribed minimum levels.
(Sec. 264) Amends PURPA to prescribe guidelines for a Federal Renewable Portfolio Standard under which retail electric suppliers submit renewable energy credits to the Secretary.
(Sec. 265) Directs the Secretaries of the Interior, Agriculture, and Energy to develop guidelines for a cost-share demonstration program for wind and solar energy facilities on Federal land.
Subtitle F: General Provisions - Amends the Federal Columbia River Transmission System Act to grant the Administrator of the Bonneville Power Administration additional borrowing authority to: (A) provide funds for financing the construction, acquisition, and replacement of the transmission system of the Bonneville Power Administration; and (B) implement the authorities of the Administrator under the Pacific Northwest Electric Power Planning and Conservation Act.
Title III: Hydroelectric Relicensing - Amends the Federal Power Act to prescribe guidelines for alternative mandatory conditions for project works, including fishways within any Federal reservation.
Title IV: Indian Energy - Amends the Energy Policy Act of 1992 to instruct the Director of the Office of Indian Energy Policy and Programs to establish programs within such Office to: (1) assist Indian tribes in meeting energy education, research and development, planning, and management needs; and (2) set forth a loan guarantee program for Indian tribes for energy development, including electrical generation plants, and transmission and delivery mechanisms for electricity produced on Indian land.
(Sec. 402) Amends the Department of Energy Organization Act to establish within the Department of Energy (DOE) an Office of Indian Energy Policy and Programs.
(Sec. 404) Sets forth a statutory framework within which an Indian tribe may grant leases for siting energy facilities on tribal lands.
(Sec. 406) Amends the Energy Policy Act of 1992 to instruct the Secretary of Energy to study and report to Congress on: (1) energy consumption and renewable energy development potential on Indian land; (2) Federal power allocations and Federal power sales by the Federal Power Marketing Administrations to Indian tribes within their service areas; and (3) the feasibility of a demonstration project that would use wind energy generated by Indian tribes and hydropower generated by the Army Corps of Engineers to supply firming power to the Western Area Power Administration.
Title V: Nuclear Power - Subtitle A: Price-Anderson Act Reauthorization - Price-Anderson Amendments Act of 2002 - Amends the Atomic Energy Act of 1954 to: (1) extend to August 1, 2012, the authority of DOE to indemnify Nuclear Regulatory Commission (NRC) licensees, including nonprofit educational institutions licensees; (2) make permanent DOE authority to indemnify contractors; and (3) revise liability limits.
(Sec. 507) Repeals the authority of the Secretary to determine whether nonprofit educational institutions should receive automatic remission of civil monetary penalties for violations of DOE safety regulations.
Replaces the exemption granted specified research contractors and suppliers regarding civil monetary penalties for violations of DOE safety regulations with a limitation placed upon the total amount of fees paid within any one-year period under the pertinent contract.
Subtitle B: Miscellaneous Provisions - Amends the USEC Privatization Act to revise guidelines governing: (1) sales of uranium from the DOE stockpile; and (2) Federal transfers.
(Sec. 512) Amends the Energy Policy Act of 1992 to reauthorize reimbursement of thorium licensees.
(Sec. 513) Prohibits reactivation of the Fast Flux Test Facility if the Secretary has determined, in a record of decision, that the program can be implemented at existing operating facilities.
(Sec. 514) Establishes: (1) the Nuclear Power 2010 Program; (2) Office of Spent Nuclear Fuel Research; and (3) a decommissioning pilot program for the sodium-cooled fast breeder experimental test-site reactor (Arkansas).
Subtitle C: Growth of Nuclear Energy - Amends the Atomic Energy Act of 1954 to provide that in the case of a combined construction and operating license, the duration of the operating phase of the license period shall not be less than the duration of the operating license if application had been made for separate construction and operating licenses.
Subtitle D : NRC Regulatory Reform - Sets forth antitrust review guidelines for licenses proposed by the NRC.
(Sec. 532) Amends Federal bankruptcy law to preclude assets held by an NRC licensee from being used to satisfy creditor claims until decontamination and decommissioning of the nuclear power reactor is completed to NRC satisfaction.
Subtitle E: NRC Personnel Crisis - Amends the Atomic Energy Act of 1954 to exempt NRC annuitants with critical skills from certain Federal pension offset requirements.
(Sec. 542) Instructs the NRC to implement a training and fellowship program to address shortages of individuals with critical safety skills.
Division B: Domestic Oil And Gas Production And Transportation - Title VI: Oil And Gas Production - Amends the the Energy Policy and Conservation Act to make permanent the authorities relating to: (1) domestic supply availability (including operation of the Strategic Petroleum Reserve); and (2) standby energy (including operation of the summer fill and fuel budgeting programs).
(Sec. 602) Instructs the Secretary of the Interior to take specified actions to ensure timely action on Federal onshore leasing programs for oil and gas.
(Sec. 604) Instructs such Secretary to establish a remediation, reclamation, and closure program for orphaned oil and gas wells on Federal lands.
(Sec. 605) Instructs the Secretary of Energy to: (1) establish a technical assistance program to help oil and gas producing States remedy environmental problems caused by orphaned and abandoned exploration or production well sites; and (2) evaluate the impact of Federal and State tax and royalty policies on oil and gas resources development, and upon revenues to Federal, State, local and tribal governments.
(Sec. 609) Directs the President to fill the Strategic Petroleum Reserve to full capacity as soon as practicable and to ensure that the fill rate minimizes impacts on petroleum markets.
(Sec. 610) Amends the Safe Drinking Water Act to direct the Administrator of the Environmental Protection Agency to conduct a study of hydraulic fracturing for oil and gas production (creating a fracture in a reservoir rock, and injecting fluids and propping agents, for the purposes of reservoir stimulation related to oil and gas production activities).
Title VII: Natural Gas Pipelines - Subtitle A: Alaska Natural Gas Pipeline - Alaska Natural Gas Pipeline Act of 2002 - Prescribes guidelines under which FERC is authorized to act on an application for the issuance of a certificate of public convenience and necessity for the construction and operation of an Alaska natural gas transportation project (other than the Alaska Natural Gas Transportation System).
(Sec. 707) Establishes the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects to coordinate the expeditious discharge of all activities by Federal agencies in connection with an Alaska natural gas transportation project.
(Sec. 709) States that a facility receiving natural gas from the Alaska natural gas transportation project for delivery to consumers within the State of Alaska shall be deemed to be a local distribution facility and, therefore, shall not subject to FERC jurisdiction.
(Sec. 710) Authorizes the Secretary of Energy (Secretary) to provide Federal loan guarantees for construction of a Alaska natural gas transportation project.
Instructs the Secretary to conduct a study of alternative approaches to the construction and operation of such project if no application has been filed within 18 months after the date of enactment of this title.
(Sec. 714) Expresses the sense of the Senate that an Alaska natural gas transportation project will provide significant economic benefits to the United States and Canada. In order to maximize those benefits, the Senate urges pipeline project sponsors to use steel that is manufactured or produced in North America and to negotiate a project labor agreement to expedite construction of the pipeline.
(Sec. 715) Instructs the Secretary of Labor to establish within the State of Alaska, a pipeline construction training program for Alaskan residents.
Subtitle B: Operating Pipelines - Directs the Chairman of the Council on Environmental Quality to establish an interagency task force to develop an interagency memorandum of understanding to expedite the environmental review and permitting of natural gas pipeline projects.
Subtitle C: Pipeline Safety - Part I: Short Title: Amendment Of Title 49 - Pipeline Safety Improvement Act of 2002 - States that references in this subtitle shall be considered to be made to a provision of title 49, United States Code.
Part II: Pipeline Safety Improvement Act of 2002 - Sets forth a statutory framework for pipeline safety, including: (1) implementation of the safety improvement recommendations contained in the Department of Transportation Inspector General's Report; (2) Federal agency response to National Transportation Safety Board pipeline safety recommendations; (3) a pipeline integrity inspection program; and (4) a public education program that includes emergency preparedness and community right-to-know.
(Sec. 771) Directs the Secretary of Transportation to enter into arrangements with the National Academy of Sciences to establish the Pipeline Integrity Technical Advisory Committee to advise the Secretaries of Transportation and of Energy on the development and implementation of a mandatory 5-year research, development, and demonstration program regarding pipeline safety.
(Sec. 774) Prohibits discrimination against pipeline employees providing pipeline safety information (whistleblower protection).
(Sec. 779) Instructs the Federal Energy Regulatory Commission to conduct a study on the natural gas pipeline transmission network in New England and natural gas storage facilities associated with that network.
Part III : Pipeline Security Sensitive Information - Requires the Secretary of Transportation to withhold certain pipeline security sensitive information. Sets forth guidelines for conditional release of such information.
Division C: Diversifying Energy Demand and Improving Efficiency - Title VIII: Fuels and Vehicles - Subtitle A: CAFE Standards, Alternative Fuels, and Advanced Technology - Directs the Secretary of Transportation to issue, according to specified deadlines, increased average fuel economy standards for automobiles determined on the basis of the maximum feasible average fuel economy levels.
(Sec. 802) Sets forth: (1) expedited procedures for a congressionally mandated increase in fuel economy standards if the Secretary of Transportation fails to issue final regulations within designated deadlines; and (2) revised considerations for decisions on maximum feasible average fuel economy.
(Sec. 805) Prescribes guidelines for: (1) Federal agency procurement of alternative fueled and hybrid light duty trucks; and (2) the exclusive use of alternative fuels in the Federal fleet of dual fueled vehicles.
Directs the Secretary of Energy to: (1) expand DOE research on hybrid electric and fuel cell vehicles and on diesel fueled vehicles; and (2) implement a fuel cell demonstration program.
(Sec. 812) Amends the Department of Energy Organization Act to instruct the Administrator of the Energy Information Administration to conduct a survey of renewable fuels consumption in the domestic motor vehicle fuels market, and to publish such survey results monthly.
(Sec. 814) Directs the Secretaries of Energy and Transportation to jointly establish a pilot program for awarding grants for the demonstration and commercial application of alternative fuel school buses and ultra-low sulfur diesel school buses.
(Sec. 815) Directs the Secretary of Energy to establish a fuel cell bus development and demonstration program.
(Sec. 817) Prescribes guidelines for: (1) a temporary biodiesel credit expansion; and (2) credits for new hybrid motor vehicles, dedicated alternative fuel vehicles, and infrastructure.
(Sec. 820) Amends the Clean Air Act to set forth a renewable fuel program.
(Sec. 820A) Amends the Energy Policy Act of 1992 to set forth Federal agency purchasing requirements for ethanol-blended gasoline and biodiesel.
(Sec. 820B) Requires the Secretary of Energy to establish a program to provide loan guarantees to private institutions to construct facilities for the processing and conversion of municipal solid waste into fuel ethanol and other commercial byproducts.
Subtitle B: Additional Fuel Efficiency Measures - Amends Federal transportation law to prescribe baseline average fuel economy standards for the Federal fleet of new automobiles.
(Sec. 824) Amends the Energy Policy and Conservation Act (EPCA) to instruct the Secretary to: (1) initiate an analytical study of the potential fuel savings resulting from long duration idling of main drive engines in heavy-duty vehicles; and (2) develop a program with timetables for domestic sales of hydrogen-fueled fuel cell vehicles by 2010.
Subtitle C: Federal Reformulated Fuels - Federal Reformulated Fuels Act of 2002 - Amends the Solid Waste Disposal Act to: (1) permit the use of the Leaking Underground Storage Tank Trust Fund (LUST) for remediation of contamination of methyl tertiary butyl ether (MTBE) and other ether fuel additives; (2) instruct the Administrator of the Environmental Protection Agency to establish a resource center for bedrock bioremediation; and (3) authorize such Administrator to establish a soil remediation program regarding MTBE contamination.
(Sec. 833) Amends the Clean Air Act to: (1) proscribe the use of MTBE in motor vehicle fuel in certain States; (2) provide Federal grants for MTBE merchant producer conversion assistance and eligible production facilities; (3) eliminate the oxygen content requirement for reformulated gasoline; (4) require the Administrator to promulgate regulations governing emissions of toxic air pollutants; and (5) instruct the Administrator to publish for public comment a draft analysis of the changes in emissions of air pollutants and air quality due to the use of motor vehicle fuel and fuel additives resulting from implementation of this Act.
Title IX: Energy Efficiency and Assistance to Low Income Consumers - Subtitle A: Low Income Assistance and State Energy Programs - Authorizes increased funding for: (1) Low-Income Home Energy Assistance Programs; (2) weatherization assistance; and (3) State energy conservation programs.
(Sec. 903) Establishes the High Performance Schools Program in the Department of Energy.
(Sec. 904) Authorizes the Secretary of Energy to make grants to units of local government, private, non-profit community development organizations, and Indian tribe economic development entities to improve energy efficiency, identify and develop alternative renewable and distributed energy supplies, and increase energy conservation in low-income rural and urban communities.
(Sec. 905) Authorizes such Secretary to allocate funds to States that establish a State energy efficient appliance rebate program.
Subtitle B: Federal Energy Efficiency - Amends the National Energy Conservation Policy Act (NECPA) to: (1) revise the energy reduction goals mandated for Federal buildings; (2) mandate metering of energy use in Federal buildings; (3) prescribe guidelines for Federal procurement of energy efficient products; (4) make permanent the energy savings performance contract program; (5) establish the Federal Energy Bank to make loans to Federal agencies for designated energy efficiency projects; and (6) prescribe guidelines for energy and water savings measures in congressional buildings.
(Sec. 913) Amends the Energy Conservation and Production Act to revise Federal building energy efficiency performance standards.
Subtitle C: Industrial Efficiency and Consumer Products - Instructs the Secretary of Energy to enter into voluntary agreements with persons in industrial sectors to reduce the energy intensity of production activities that consume significant amounts of primary energy per unit of physical output.
(Sec. 922) Amends the Energy Policy and Conservation Act to: (1) include within its purview the authority to set standards for commercial products as well as consumer products; (2) establish at the Department of Energy and the Environmental Protection Agency a program to identify and promote energy-efficient products and buildings; (3) direct the Secretary to initiate rulemaking procedures for standby mode electric energy consumption; and (4) mandate a consumer education program on energy efficiency benefits of air conditioning, heating, and ventilation maintenance.
Subtitle D: Housing Efficiency - Amends the HUD Demonstration Act of 1993 to authorize Federal assistance for energy efficient, affordable housing and residential energy conservation measures that benefit low-income families.
(Sec. 933) Amends the National Housing Act to increase the FHA mortgage insurance incentives for energy efficient housing.
(Sec. 935) Amends NECPA to authorize the Secretary of Housing and Urban Development (HUD) to make grants to finance energy conserving improvements to certain assisted multifamily housing projects that are subject to mortgage restructuring and rental assistance sufficiency plans.
(Sec. 936) Amends the North American Free Trade Agreement Implementation Act to authorize Board members representing the United States to use their voice and vote to encourage the North American Development Bank to finance projects related to clean and efficient energy.
(Sec. 938) Mandates that public housing agencies purchase specified energy-efficient appliances when such purchase is cost-effective.
(Sec. 939) Amends the Cranston-Gonzalez National Affordable Housing Act to: (1) direct the Secretaries of HUD and of Agriculture to promulgate energy efficiency standards for rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants; and (2) replace the CABO energy efficiency standard with the 2000 International Energy Conservation Code.
(Sec. 940) Instructs the Secretary of HUD to create an energy management office to implement an integrated strategy to reduce utility expenses through cost-effective energy conservation and efficiency measures in public and assisted housing.
Subtitle E: Rural and Remote Communities - Rural and Remote Community Fairness Act - Sets forth a Federal grant program to assist rural and remote communities meet their needs for efficient housing, and for reasonably priced and environmentally sound energy, water, wastewater, bulk fuel, telecommunications, and utility services.
(Sec. 948) Amends the Rural Electrification Act of 1936 to authorize the Secretary of Agriculture to provide grants to local government units and Indian entities for: (1) increasing energy efficiency; (2) siting or upgrading transmission and distribution lines; or (3) providing or modernizing electric facilities (gives preference to renewable energy facilities).
(Sec. 949) Authorizes appropriations to the Denali Commission to fund the power cost equalization program.
(Sec. 950) Prescribes implementation guidelines for block grants to local government units, eligible Indian tribes, and Native American groups for rural recovery community development.
Division D: Integration of Energy Policy and Climate Change Policy - Title X: National Climate Change Policy - Subtitle A: Sense of Congress - Expresses the sense of Congress that the United States should demonstrate international leadership and responsibility in reducing the health, environmental, and economic risks posed by climate change by: (1) taking responsible action to ensure significant and meaningful reductions in greenhouse gases emissions; (2) creating flexible international and domestic mechanisms, including joint implementation, technology deployment, tradable credits for emissions reductions and carbon sequestration projects that reduce, avoid, and sequester greenhouse gas emissions; and (3) participating in international negotiations, including putting forth a proposal to the Conference of the Parties, in order to secure United States participation in a future binding climate change Treaty that protects the economic interests of the United States, and recognizes the shared international responsibility for addressing climate change, including developing country participation.
Subtitle B: Climate Change Strategy - Climate Change Strategy and Technology Innovation Act of 2002 - Directs the President to develop and report to Congress on a National Climate Change Strategy that incorporates prescribed criteria.
(Sec. 1014) Establishes the Office of National Climate Change Policy within the Executive Office of the President to achieve long-term Strategy goals while minimizing adverse economic and social impacts.
Requires the Director of such Office to establish the Interagency Task Force whose members jointly assist in Strategy development.
(Sec. 1015) Establishes the Office of Climate Change Technology within DOE to manage an energy technology research and development program that directly supports the Strategy, including: (1) implementation and integrated assessment of alternative climate change response scenarios; and (2) an international carbon dioxide sequestration monitoring and data program to make available technical and economic data.
Subtitle C: Science and Technology Policy - Amends the National Science and Technology Policy, Organization, and Priorities Act of 1976 to instruct the Director of the Office of Science and Technology to advise the Director of the Office of National Climate Change Policy on science and technology matters relating to global climate change.
Subtitle D: Miscellaneous Provisions - Requires each Federal agency that submits a Statement of Energy Effects (relating to actions that significantly affect energy supply, distribution, or use), to also submit an estimate of the change in net annual greenhouse gas emissions resulting from the proposed action and any reasonable alternatives to such action.
(Sec. 1032) Instructs the Secretary of Energy to publish estimated annual net greenhouse gas emissions from all federally owned, leased, or operated facilities and emission sources.
Title XI: National Greenhouse Gas Database - Mandates establishment of a Memorandum of Agreement entered into by designated Cabinet Secretaries to maintain statutory and regulatory authorities, functions, and programs that provide for: (1) data collection concerning greenhouse gas emissions and effects; and (2) operation of such database. Shields such Memorandum from judicial review.
(Sec. 1104) Prescribes guidelines for designated agencies to jointly establish the National Greenhouse Gas Database on greenhouse gas emissions.
Division E: Enhancing Research, Development, and Training - Title XII: Energy Research and Development Programs - Energy Science and Technology Enhancement Act of 2002 - Subtitle A : Energy Efficiency - Authorizes appropriations for: (1) energy research, demonstration, and technology deployment programs to enhance energy efficient housing, industrial energy efficiency, transportation energy efficiency, and energy efficient distributed generation; and (2) research grants relating to: (a) Energy Efficiency Science Initiative; (b) Next Generation Lighting Initiative for advanced solid-state lighting technologies based on white light emitting diodes; (c) a public-private research partnership for locomotive technologies that increase fuel economy, reduce emissions, improve safety, and lower costs; (d) high power density facilities, including data centers, server farms, and telecommunications facilities; and (e) precious metal catalysis.
Subtitle B: Renewable Energy - Authorizes appropriations for the Secretary of Energy to conduct energy research, development, demonstration, and technology deployment programs to enhance the use of renewable energy and bioenergy programs.
(Sec. 1223) Hydrogen Future Act of 2002 - Amends the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 to accelerate the use of hydrogen as a major energy source in: (1) isolated areas in which other energy sources are either not available or are very expensive; (2) foreign economic development in order to avoid environmental damage from increased fossil fuel use; (3) hydrogen production methods that minimize greenhouse gas production; and (4) foreign countries to increase the global market for hydrogen technologies and to foster global economic development without harmful environmental effects.
Instructs the Secretary to establish an interagency task force to develop a demonstration plan for integrated systems and components for: (1) hydrogen production, storage, and use in Federal, State, and local government buildings and vehicles; (2) hydrogen-based infrastructure for fleet transportation systems that include zero-emission vehicles; and (3) hydrogen-based distributed power generation, including the generation of combined heat, power, and hydrogen.
Subtitle C: Fossil Energy - Authorizes appropriations for enhanced fossil energy research and development including: (1) core fossil research and development; (2) commercial applications of advanced lignite and coal-based technologies applicable to new or existing power plants; (3) advanced safe and efficient coal mining technologies; (4) ultra-deepwater and unconventional resource exploration and production technologies; (5) new natural gas transportation technologies; (6) Office of Arctic Energy; and (7) a loan to the owner of a certain clean coal technology experimental plant constructed under a specified DOE cooperative agreement on such terms and conditions as the Secretary determines, including interest rates and upfront payments.
Subtitle D: Nuclear Energy - Authorizes appropriations for the following programs: (1) enhanced nuclear energy research and development; (2) nuclear sciences and engineering support; (3) sabbatical fellowship and visiting scientist programs to foster University-National Laboratory interactions; (4) Nuclear Energy Research Initiative; (5) Nuclear Energy Plant Optimization Program; and (6) Nuclear Energy Technology Development Program.
Subtitle E: Fundamental Energy Science - Authorizes appropriations for the following programs: (1) enhanced programs in fundamental energy science; (2) nanoscale science and engineering; (3) advanced scientific computing for energy missions; advanced scientific computing and genome research; and (4) fusion energy sciences program and planning.
Subtitle F: Energy, Safety, and Environmental Protection - Authorizes appropriations for a research, demonstration, and technology deployment program pertaining to: (1) critical energy infrastructure protection; and (2) restoration of groundwater contaminated by energy activities, including oil and gas production, surface and underground mining of coal, and in-situ extraction of energy resources.
Title XIII: Climate Change Science and Technology - Subtitle A: Department of Energy Programs - Authorizes appropriations for a comprehensive research program to understand and address the effects of energy production and use on the global climate system, including climate modeling, carbon cycling and ecological processes.
(Sec. 1302) Amends the Federal Nonnuclear Energy Research and Development Act of 1974 to include within statutory research and demonstration goals: (1) solutions to the effective management of greenhouse gas emissions by the development of technologies and practices designed to reduce and mitigate greenhouse gas emissions; and (2) a long-term climate technology strategy designed to demonstrate a variety of technologies to achieve greenhouse gas stabilization.
Subtitle B: Department of Agriculture Programs - Authorizes appropriations for the Secretary of Agriculture to: (1) implement carbon sequestration research programs and designate research consortia to implement such programs; (2) develop benchmark standards for measuring carbon content of soils and plants; (3) develop certain programs to monitor the carbon sequestering benefits of conservation practices and net changes in greenhouse gas emissions; (4) conduct carbon storage and sequestration accounting research in collaboration with other Federal agencies; and (5) make competitive grants for pilot program demonstration and assessment of carbon storage and sequestration accounting.
Subtitle C: International Energy Technology Transfer - Authorizes appropriations for the Administrator of the United States Agency for International Development to establish an Interagency Working Group on Clean Energy Technology Exports whose focus centers upon expanding energy markets and transferring clean energy technology to partner countries that are expected to experience the most significant growth in energy production and associated greenhouse gas emissions over the next 20 years.
(Sec. 1322) Amends the Energy Policy Act of 1992 to authorize appropriations for a pilot financial assistance program for energy production facilities outside the United States whose output is consumed outside the United States, and whose deployment will result in specified greenhouse gas reductions (international energy deployment projects).
Subtitle D: Climate Change Science and Information - Part I: Amendments to the Global Change Research Act of 1990 - Amends the Global Change Research Act of 1990 to: (1) redesignate the Committee on Earth and Environmental Sciences as the Committee on Global Change Research; (2) revise Committee membership; (3) establish a Subcommittee on Global Change Research; and (4) establish as a priority of Federal global research the provision of information that is relevant for effective decisions and strategies for measuring and adapting to global change.
(Sec. 1334) Instructs the Chairman of the Federal Coordinating Council on Science, Engineering, and Technology to submit to Congress for the 10-year period beginning in 2002, a strategic plan for the United States Global Climate Change Research Program (Sec. 1335) Amends Federal law relating to the United States Global Change Research Program to establish in the Office of Science and Technology Policy an integrated program office for the global change research program.
(Sec. 1336) Requires the Committee on Earth and Environmental Sciences to list priority areas for research and development on climate change that are not being addressed by Federal agencies. Instructs the National Science Foundation to include such list as part of its annual request for appropriations.
Part II: National Climate Services and Monitoring - Amends the National Climate Program Act to authorize increased appropriations.
(Sec. 1345) Instructs the Secretary of Commerce to: (1) submit to certain congressional committees a plan of action for a National Climate Service under the National Climate Program; (2) conduct international research in the Pacific region that will increase understanding of climate variability in the Asia-Pacific sector, including regional aspects of global environmental change; and (3) establish an atmospheric monitoring and verification program for greenhouse gases.
(Sec. 1348) Amends the Arctic Research and Policy Act of 1984 to provide funding for Arctic research grants.
(Sec. 1349) Authorizes appropriations for a research program on potential abrupt climate change.
Part III: Ocean and Coastal Observing System - Instructs the President to establish an integrated ocean and coastal observing system that provides for long-term, continuous, and real-time observations of the oceans and coasts. Authorizes appropriations.
Subtitle E: Climate Change Technology - Amends the National Institute of Standards and Technology Act to: (1) authorize the Secretary of Commerce to perform research to develop enhanced measurements, calibrations, standards, and technologies to promote reduced production of greenhouse gases associated with global warming; (2) instruct the Director of such Institute to establish a research program on global climate change standards and processes, with the goal of providing scientific and technical knowledge applicable to greenhouse gas reduction; and (3) authorize such Director to support new `green' manufacturing technologies and techniques by small manufacturers.
Subtitle F: Climate Adaptation and Hazards Prevention - Part I: Assessment and Adaptation - Instructs the President to establish within the Department of Commerce a National Climate Change Vulnerability and Adaptation Program for regional impacts regarding increasing greenhouse gas concentrations in the atmosphere and climate variability.
(Sec.1372) Instructs the Secretary of Commerce to: (1) conduct regional assessments of coastal area vulnerability to hazards associated with climate change, climate variability, sea level rise, and fluctuation of Great Lakes water levels, including impacts on Arctic regions and the Central, Western, and South Pacific regions; (2) submit to Congress a national coastal adaptation plan, comprised of individual regional adaptation plans that address coastal impacts associated with climate change, sea level rise, or climate variability; (3) provide coastal adaptation grants; (4) establish a 4-year pilot program to provide financial assistance to coastal communities most adversely affected by the impact of climate change or climate variability that are located in States with federally approved coastal zone management programs; and (5) establish the Barrow Arctic Research Center as a joint research facility to support climate change and other scientific research activities in the Arctic.
Part II: Forecasting and Planning Pilot Programs - Authorizes the Administrator of the National Aeronautics and Space Administration to establish pilot project grants to explore the integrated use of remote sensing sources and other geospatial information to address needs to forecast a plan for adaptation to coastal zone and land use changes that may result as a consequence of global climate change or climate variability.
(Sec. 1383) Directs the Secretary of Commerce to: (1) conduct air quality studies within specific regions, including the effects of in situ emissions of air pollutants and their precursors; and (2)establish a program to provide operational air quality forecasts and warnings for specific regions.
Title XIV: Management of DOE Science and Technology Programs - Instructs the Secretary of Commerce to: (1) require specified commitments from non-Federal sources for certain research, development, demonstration and deployment projects; and (2) establish an advisory board to oversee Department research and development programs in specified energy areas.
(Sec. 1406) Amends the Department of Organization Act to establish in DOE: (1) an Under Secretary for Energy and Science, to serve as the Science and Technology Advisor to the Secretary of Energy; and(2) an Office of Science, headed by an Assistant Secretary of Science, to implement fundamental science and engineering research functions.
Expresses the sense of the Senate that the leadership for departmental missions in nuclear energy should be at the Assistant Secretary level.
(Sec. 1407) Instructs the Secretary of Energy (Secretary) to: (1) appoint a Technology Transfer Coordinator to perform oversight and policy development for DOE technology transfer activities; (2) establish a Technology Partnership Working Group; and (3) establish a Technology Infrastructure Program.
(Sec. 1409) Directs the Secretary to require the Director of each National Laboratory to: (1) appoint a small business advocate; and (2) establish a small business assistance program.
(Sec. 1413) Directs the Secretary to: (1) submit a biennial status report to Congress and the President on technology readiness and barriers to technology transfer; and (2) establish a collaborative research, development, and deployment program to promote energy efficient, environmentally sound economic development along the United States-Mexico border that: (A) mitigates hazardous waste; (B) promotes energy efficient materials processing technologies that minimize environmental damage; and (C) protects air quality and the public health.
Title XV: Personnel and Training - Directs the Secretary to: (1) monitor workforce trends and establish traineeship grants when skilled technical personnel shortfalls occur in energy technology industries; (2) establish postdoctoral and senior research fellowships in energy research; (3) develop model employee training guidelines to support electric supply system reliability and safety; and (4) establish a National Center on Energy Management and Building Technologies to facilitate improved energy efficiency and indoor air quality in industrial, commercial and residential buildings.
(Sec. 1505) Amends the Department of Energy Science Education Enhancement Act to direct the Secretary to: (1) prioritize activities designed to encourage women and minority students to pursue scientific and technical careers; and (2) promote increased participation of historically Black colleges or universities, Hispanic-serving institutions, or tribal colleges in activities that increase their capacity to train science or engineering personnel.
(Sec. 1506) Instructs the Secretary to establish a National Power Plant Operations Technology and Education Center to address the need for training and educating certified operators for electric power generation plants.
(Sec. 1507) Instructs the Secretary of Labor to hire additional experienced mine inspectors to maintain the number of Federal mine inspectors at or above authorized levels.
Division F: Technology Assessment and Studies - Title XVI: Technology Assessment - Amends the National Science and Technology Policy, Organization, and Priorities Act of 1976 to create a Science and Technology Assessment Service as an information clearinghouse for Congress regarding national science and technology policy issues.
Title XVII: Studies - Mandates reports to Congress concerning: (1) Federal agency reviews regarding regulatory barriers to both market entry for emerging energy technologies, and to market development for existing energy technologies; (2) an assessment by the Secretary of Energy regarding the economic implications of Hawaii dependence upon oil as its principal source of energy; (3) the feasibility of a new electric transmission system on the Amtrak right-of-way in the Northeast Corridor between Washington, D.C., and New Rochelle, New York, including the Amtrak right-of-way between Philadelphia, Pennsylvania and Harrisburg, Pennsylvania; and (4)updated plans concerning renewable energy and energy efficiency plans for insular areas.
(Sec. 1705) Establishes the Consumer Energy Commission to study significant nationwide price spikes in major consumer energy products, including electricity, gasoline, home heating oil, natural gas and propane since 1990.
(Sec. 1706) Mandates studies and reports to Congress regarding: (1) environmental impact of natural gas or other energy transmission infrastructure proposed for construct ion across the Great Lakes; (2) DOE route selection procedures for shipment of spent nuclear fuel among research nuclear reactor facilities; (3) reduction of energy use through cost-effective improvements in municipal water and wastewater treatment; and (4) research projects at DOE nuclear facilities relating to hydrogen production, fuel cell development, or other energy production technology enhancements.
Division G: Energy Infrastructure Security - Title XVIII: Critical Energy Infrastructure - Subtitle A: Department of Energy Programs - Authorizes the Secretary of Energy to establish critical energy infrastructure programs.
Subtitle B: Department of the Interior Programs - Instructs the Secretary of the Interior to establish the Outer Continental Shelf Energy Infrastructure Security Program to: (1) provide funds to OCS Production States for security against threats to critical OCS energy infrastructure facilities; and (2) support necessary public services or transportation for the safety and operation of critical energy infrastructure activities.
Division H: Energy Tax Incentives - Energy Tax Incentives Act of 2002 - Title XIX : Extension and Modification of Renewable Electricity Production Tax Credit - Amends the Internal Revenue Code to extend and modify the renewable electricity production tax credit to include: (1)credits for electricity produced from biomass, swine, and bovine waste nutrients; (2) geothermal and solar energy; and (3) small irrigation power, municipal biosolids, and recycled sludge.
Title XX: Alternative Motor Vehicles and Fuels Incentives - Provides an incentives program for alternative vehicle and alternative fuels, including credits for: (1) installation of alternative fueling stations and for retail sales of alternative fuels as motor vehicle fuel; (2) small ethanol producers; (3) allowing the alcohol fuels credit to be transferred and offset motor fuels tax liability; and (5) biodiesel used as fuel.
(Sec. 2009) Grants general business credits for commercial power takeoff vehicles.
(Sec. 2010) Modifies the incentives for alternative vehicles and fuels.
Title XXI: Conservation and Energy Efficiency Provisions - Sets forth certain conservation and energy efficiency credits for: (1) the construction of new energy efficient homes; (2) the installation of energy efficient appliances; (3) residential energy efficient property; (4) business installation of qualified fuel cells and stationary microturbine power plants; (5) combined heat and power system properties; and (6) energy efficiency improvements to existing homes.
(Sec. 2110) Allows a deduction against tax for qualified new or retrofitted water submetering devices.
Establishes a three-year recovery period for: (1) depreciation of qualified energy management devices; and (2) qualified water submetering devices.
Title XXII: Clean Coal Incentives - Subtitle A: Credit for Emission Reductions and Efficiency Improvements in Existing Coal-Based Electricity Generation Facilities - Establishes clean coal incentives, including credits for emission reductions and efficiency improvements in existing coal-based generation facilities.
Subtitle B: Incentives for Early Commercial Applications of Advanced Clean Coal Technologies - Allows as a credit against tax: (1) investment in qualifying advanced clean coal technology; and (2) production from a qualifying advanced clean coal technology unit.
Subtitle C: Treatment of Persons Not Able To Use Entire Credit - Prescribes guidelines for the treatment of persons not able to use the entire tax credit for a qualifying advanced clean coal technology unit.
Title XXIII: Oil and Gas Provisions - Revises oil and gas guidelines, including: (1) establishing a credit for oil and gas production from marginal wells; (2) permitting the expensing of capital costs incurred in complying with EPA sulfur regulations; (3) establishing an environmental tax credit; (4) extending the marginal production income limit; and (5) treating natural gas distribution lines as 15-year property.
Title XXIV: Electric Utility Restructuring Provisions - Sets forth a special rule for sales or dispositions to implement the electric restructuring policy of either FERC or a State government.
Title XXV: Additional Provisions - Extends accelerated depreciation and wage credit benefits on Indian reservations.
(Sec. 2502) Requires the Comptroller General to submit to Congress an ongoing analysis of this Act relating to: (1) the efficacy of incentives for alternative motor vehicles and fuels, and for conservation and energy efficiency; and (2) tax benefits conferred upon recipients.
(Sec. 2503) Sets forth business related credits for production of Alaska natural gas.
(Sec. 2504) Amends the Tariff Act of 1930 to declare that any gasoline or diesel fuel sold at a duty-free sales enterprise shall be considered as entered for consumption into the customs territory of the United States.
(Sec. 2505) Amends the Internal Revenue Code to: (1) treat as an involuntary conversion a qualified disposition to implement a bovine tuberculosis eradication program; (2) permit expensing of dairy property reclamation costs; and (3) grant an excise tax exemption to agricultural aerial applicators; and (4) exempt from ticket taxes transportation provided by seaplanes.
Division I: Iraq Oil Import Restriction - Title XXVI: Iraq Oil Import Restriction - Iraq Petroleum Import Restriction Act of 2002 - Proscribes direct or indirect import from Iraq of Iraqi-origin petroleum and petroleum products.
(Sec. 2604) Expresses the sense of the Senate that the President should make all appropriate efforts to ensure that the humanitarian needs of the Iraqi people are not negatively affected by this Act, and should encourage through public, private, domestic and international means the direct or indirect sale, donation or other transfer to appropriate nongovernmental health and humanitarian organizations and individuals within Iraq of food, medicine and other humanitarian products.
Division J: Miscellaneous - Title XXVII: Miscellaneous Provision - Expresses the sense of the Senate that the Senate Judiciary Committee should continue to hold regular hearings on judicial nominees and should schedule hearings expeditiously on the nominees submitted by the President on May 9, 2001, and resubmitted on September 5, 2001.