§15951. Findings and definitions — Inbound Citations
42 U.S.C. § 15951
Cited by 413 provisions in release 119-102.
Citations to §15951(b)(1)
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(a) The Secretary, in consultation with the Administrator of General Services, shall establish an Advanced Building Efficiency Testbed program for the development, testing, and demonstration of advanced engineering systems, components, and materials to enable innovations in building technologies. The program shall evaluate efficiency concepts for government and industry buildings, and demonstrate the ability of next generation buildings to support individual and organizational productivity and health (including by improving indoor air quality) as well as flexibility and technological change to improve environmental sustainability. Such program shall complement and not duplicate existing national programs.
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(1) The term “biomass” means any lignin waste material that is segregated from other waste materials and is determined to be nonhazardous by the Administrator of the Environmental Protection Agency and any solid, nonhazardous, cellulosic material that is derived from—(A) any of the following forest-related resources: mill residues, precommercial thinnings, slash, and brush, or nonmerchantable material;(B) solid wood waste materials, including waste pallets, crates, dunnage, manufacturing and construction wood wastes (other than pressure-treated, chemically-treated, or painted wood wastes), and landscape or right-of-way tree trimmings, but not including municipal solid waste (garbage), gas derived from the biodegradation of solid waste, or paper that is commonly recycled;(C) agriculture wastes, including orchard tree crops, vineyard, grain, legumes, sugar, and other crop by-products or residues, and livestock waste nutrients; or(D) a plant that is grown exclusively as a fuel for the production of electricity.
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(1) Subject to the availability of appropriations under subsection (d), in carrying out the program, the Administrator of the Environmental Protection Agency shall establish a project that is—(A) carried out in multiple States—(i) in each of which is produced cane sugar that is eligible for loans under section 7272 of title 7, or a similar subsequent authority; and(ii) at the option of each such State, that have an incentive program that requires the use of ethanol in the State; and(B) designed to study the production of ethanol from cane sugar, sugarcane, and sugarcane byproducts.
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(i) the Administrator of the Environmental Protection Agency;
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(i) the Administrator of the Environmental Protection Agency;
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(B) the Administrator of the Environmental Protection Agency; and
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(a) At the request of the Governor of a State, the Administrator may enter into a refinery permitting cooperative agreement with the State, under which each party to the agreement identifies steps, including timelines, that it will take to streamline the consideration of Federal and State environmental permits for a new refinery.
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(b) The Administrator shall be authorized to—(1) accept from a refiner a consolidated application for all permits required from the Environmental Protection Agency, to the extent consistent with other applicable law;
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(c) The Administrator is authorized to provide financial assistance to State governments to facilitate the hiring of additional personnel with expertise in fields relevant to consideration of refinery permits.
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(d) The Administrator is authorized to provide technical, legal, or other assistance to State governments to facilitate their review of applications to build new refineries.
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(A) the Administrator of the Environmental Protection Agency; and
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(1) The term “Administrator” means the Administrator of the Environmental Protection Agency.
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(A) the Administrator certifies reduces emissions and is operated entirely or in part using an alternative fuel; or
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(B) In the case of eligible recipients identified under clauses (ii) and (iii) of subparagraph (A), the Administrator shall establish timely and appropriate requirements for notice and shall establish timely and appropriate requirements for approval by the public school systems that would be served by buses purchased using award funds made available under this section.
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(8) The term “zero-emission school bus” means a school bus that is certified by the Administrator to have a drivetrain that produces, under any possible operational mode or condition, zero exhaust emission of—(A) any air pollutant that is listed pursuant to section 7408(a) of this title (or any precursor to such an air pollutant); and(B) any greenhouse gas.
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(1) The Administrator shall establish a program—(A) to award grants and rebates on a competitive basis to eligible recipients for the replacement of existing school buses with clean school buses;(B) to award grants and rebates on a competitive basis to eligible recipients for the replacement of existing school buses with zero-emission school buses;(C) to award contracts to eligible contractors to provide rebates for the replacement of existing school buses with clean school buses; and(D) to award contracts to eligible contractors to provide rebates for the replacement of existing school buses with zero-emission school buses.
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(2) Of the amounts made available for awards under paragraph (1) in a fiscal year, the Administrator shall award—(A) 50 percent to replace existing school buses with zero-emission school buses; and(B) 50 percent to replace existing school buses with clean school buses and zero-emission school buses.
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(3) In making awards under paragraph (2)(B), the Administrator shall take into account the following criteria and shall not give preference to any individual criterion:(A) Lowest overall cost of bus replacement.(B) Local conditions, including the length of bus routes and weather conditions.(C) Technologies that most reduce emissions.(D) Whether funds will bring new technologies to scale or promote cost parity between old technology and new technology.
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(4) In making awards under paragraph (1), the Administrator may prioritize applicants that—(A) propose to replace school buses that serve—(i) a high-need local educational agency;(ii) a Bureau-funded school (as defined in section 2021 of title 25); or(iii) a local educational agency that receives a basic support payment under section 7703(b)(1) of title 20 for children who reside on Indian land;(B) serve rural or low-income areas; or(C) propose to complement the assistance received through the award by securing additional sources of funding for the activities supported through the award, such as through—(i) public-private partnerships;(ii) grants from other entities; or(iii) issuance of school bonds.
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(A) In making awards under paragraph (1), the Administrator may make awards for up to 100 percent of the costs for replacement of existing school buses with clean school buses, zero-emission school buses, and charging or fueling infrastructure.
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(B) In making an award under paragraph (1)(A), the Administrator shall decide whether to award a grant or rebate, or a combination thereof, based primarily on how best to facilitate replacing existing school buses with clean school buses or zero-emission school buses, as applicable.
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(A) The Administrator shall—(i) to the maximum extent practicable, achieve nationwide deployment of clean school buses and zero-emission school buses through the program under this section; and(ii) ensure a broad geographic distribution of awards.
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(B) The Administrator shall ensure that the amount received by all eligible entities in a State from grants and rebates under this section does not exceed 10 percent of the amounts made available to carry out this section during a fiscal year.
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(8) Not later than January 31 of each year, the Administrator shall submit to Congress a report that evaluates the implementation of this section and describes—(A) the total number of applications received;(B) the quantity and amount of grants and rebates awarded and the location of the recipients of the grants and rebates;(C) the criteria used to select the recipients; and(D) any other information the Administrator considers appropriate.
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(D) any other information the Administrator considers appropriate.
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(1) Not later than 120 days after November 15, 2021, the Administrator shall develop an education and outreach program to promote and explain the award program under this section.
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(iv) any other information that is necessary, as determined by the Administrator; and
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(d) The Administrator may use, for the administrative costs of carrying out this section, not more than 3 percent of the amounts made available to carry out this section for any fiscal year.
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(e) The Administrator shall have the authority to issue such regulations or other guidance, forms, instructions, and publications as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this section, including to ensure that such programs, projects, or activities are completed in a timely and effective manner, result in emissions reductions, and maximize public health benefits.
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(f) There is authorized to be appropriated to the Administrator to carry out this section, to remain available until expended, $1,000,000,000 for each of fiscal years 2022 through 2026, of which—(1) $500,000,000 shall be made available for the adoption of clean school buses and zero-emission school buses; and(2) $500,000,000 shall be made available for the adoption of zero-emission school buses.
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(1) The term “Administrator” means the Administrator of the Environmental Protection Agency.
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(B) In the case of eligible recipients identified under clauses (ii) and (iii) of subparagraph (A), the Administrator shall establish timely and appropriate requirements for notice and may establish timely and appropriate requirements for approval by the public school systems that would be served by buses purchased or retrofit using grant funds made available under this section.
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(5) The term “retrofit technology” means a particulate filter or other emissions control equipment that is verified or certified by the Administrator or the California Air Resources Board as an effective emission reduction technology when installed on an existing school bus.
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(A) The Administrator, in consultation with the Secretary and other appropriate Federal departments and agencies, shall establish a program for awarding grants on a competitive basis to eligible recipients for the replacement of, retrofit (including repowering, aftertreatment, and remanufactured engines) of, or purchase of alternative fuels for, certain existing school buses. The awarding of grants for the purchase of alternative fuels should be consistent with the historic funding levels of the program for such purchase.
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(B) In awarding grants under this section, the Administrator shall achieve, to the maximum extent practicable, achieve1 an appropriate balance between awarding grants—(i) to replace school buses;(ii) to install retrofit technologies; and(iii) to purchase and use alternative fuel.
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(A) In the case of grant applications to replace school buses, the Administrator shall give priority to applicants that propose to replace school buses manufactured before model year 1977.
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(B) In the case of grant applications to retrofit school buses, the Administrator shall give priority to applicants that propose to retrofit school buses manufactured in or after model year 1991.
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(4) The Administrator may award grants under this section for up to 100 percent of the retrofit technologies and installation costs.
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(A) The Administrator may award grants under this section for replacement of school buses in the amount of up to one-half of the acquisition costs (including fueling infrastructure) for—(i) clean school buses with engines manufactured in model year 2005 or 2006 that emit not more than—(I) 1.8 grams per brake horsepower-hour of non-methane hydrocarbons and oxides of nitrogen; and(II) .01 grams per brake horsepower-hour of particulate matter; or(ii) clean school buses with engines manufactured in model year 2007, 2008, or 2009 that satisfy regulatory requirements established by the Administrator for emissions of oxides of nitrogen and particulate matter to be applicable for school buses manufactured in model year 2010.
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(ii) clean school buses with engines manufactured in model year 2007, 2008, or 2009 that satisfy regulatory requirements established by the Administrator for emissions of oxides of nitrogen and particulate matter to be applicable for school buses manufactured in model year 2010.
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(B) The Administrator may award grants under this section for replacement of school buses in the amount of up to one-fourth of the acquisition costs (including fueling infrastructure) for—(i) clean school buses with engines manufactured in model year 2005 or 2006 that emit not more than—(I) 2.5 grams per brake horsepower-hour of non-methane hydrocarbons and oxides of nitrogen; and(II) .01 grams per brake horsepower-hour of particulate matter; or(ii) clean school buses with engines manufactured in model year 2007 or thereafter that satisfy regulatory requirements established by the Administrator for emissions of oxides of nitrogen and particulate matter from school buses manufactured in that model year.
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(ii) clean school buses with engines manufactured in model year 2007 or thereafter that satisfy regulatory requirements established by the Administrator for emissions of oxides of nitrogen and particulate matter from school buses manufactured in that model year.
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(A) In the case of a grant recipient receiving a grant for the acquisition of ultra-low sulfur diesel fuel school buses with engines manufactured in model year 2005 or 2006, the grant recipient shall provide, to the satisfaction of the Administrator—(i) documentation that diesel fuel containing sulfur at not more than 15 parts per million is available for carrying out the purposes of the grant; and(ii) a commitment by the applicant to use that fuel in carrying out the purposes of the grant.
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(7) The Administrator, to the maximum extent practicable, shall—(A) achieve nationwide deployment of clean school buses through the program under this section; and(B) ensure a broad geographic distribution of grant awards, with no State receiving more than 10 percent of the grant funding made available under this section during a fiscal year.
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(A) Not later than January 31 of each year, the Administrator shall submit to Congress a report that—(i) evaluates the implementation of this section; and(ii) describes—(I) the total number of grant applications received;(II) the number and types of alternative fuel school buses, ultra-low sulfur diesel fuel school buses, and retrofitted buses requested in grant applications;(III) grants awarded and the criteria used to select the grant recipients;(IV) certified engine emission levels of all buses purchased or retrofitted under this section;(V) an evaluation of the in-use emission level of buses purchased or retrofitted under this section; and(VI) any other information the Administrator considers appropriate.
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(VI) any other information the Administrator considers appropriate.
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(1) Not later than 90 days after August 10, 2005, the Administrator shall develop an education outreach program to promote and explain the grant program.
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(d) There are authorized to be appropriated to the Administrator to carry out this section, to remain available until expended—(1) $55,000,000 for each of fiscal years 2006 and 2007; and(2) such sums as are necessary for each of fiscal years 2008, 2009, and 2010.
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(a) The Administrator, in consultation with the Secretary, shall establish a program for awarding grants on a competitive basis to public agencies and entities for fleet modernization programs including installation of retrofit technologies for diesel trucks.
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(1) The Administrator shall seek, to the maximum extent practicable, to ensure a broad geographic distribution of grants under this section.
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(2) In making awards of grants under this section, the Administrator shall give preference to proposals that—(A) will achieve the greatest reductions in emissions of nonmethane hydrocarbons, oxides of nitrogen, and/or particulate matter per proposal or per truck; or(B) involve the use of Environmental Protection Agency or California Air Resources Board verified emissions control retrofit technology on diesel trucks that operate solely on ultra-low sulfur diesel fuel after September 2006.
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(e) Not later than 90 days after August 8, 2005, the Administrator shall publish in the Federal Register procedures to—(1) make grants pursuant to this section;(2) verify that trucks powered by ultra-low sulfur diesel fuel on which retrofit emissions-control technology are to be demonstrated will operate on diesel fuel containing not more than 15 parts per million of sulfur after September 2006; and(3) verify that grants are administered in accordance with this section.
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(f) There are authorized to be appropriated to the Administrator to carry out this section, to remain available until expended the following sums:(1) $20,000,000 for fiscal year 2006.(2) $35,000,000 for fiscal year 2007.(3) $45,000,000 for fiscal year 2008.(4) Such sums as are necessary for each of fiscal years 2009 and 2010.
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(a) The Secretary shall (in cooperation with the Secretary of Transportation and the Administrator of the Environmental Protection Agency) establish a cost-shared, public-private research partnership involving the Federal Government, railroad carriers, locomotive manufacturers and equipment suppliers, and the Association of American Railroads, to develop and demonstrate railroad locomotive technologies that increase fuel economy, reduce emissions, and lower costs of operation.
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(a) In this section, the term “tier 2 emission standards” means the motor vehicle emission standards that apply to passenger cars, light trucks, and larger passenger vehicles manufactured after the 2003 model year, as issued on February 10, 2000, by the Administrator of the Environmental Protection Agency under sections 7521 and 7545 of this title.
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(B) The heavy-duty emissions standards of 2007 that are applicable to heavy-duty vehicles under regulations issued by the Administrator of the Environmental Protection Agency as of August 8, 2005.
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(1) The term “Administrator” means the Administrator of the Environmental Protection Agency.
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(B) is certified by the Administrator under part 89 of title 40, Code of Federal Regulations (or any successor regulation), as meeting applicable emission standards.
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(1) Not later than 90 days after August 8, 2005, the Administrator shall—(i) commence a review of the mobile source air emission models of the Environmental Protection Agency used under the Clean Air Act (42 U.S.C. 7401 et seq.) to determine whether the models accurately reflect the emissions resulting from long-duration idling of heavy-duty vehicles and other vehicles and engines; and(ii) update those models as the Administrator determines to be appropriate; and(i) commence a review of the emission reductions achieved by the use of idle reduction technology; and(ii) complete such revisions of the regulations and guidance of the Environmental Protection Agency as the Administrator determines to be appropriate.
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(ii) update those models as the Administrator determines to be appropriate; and
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(ii) complete such revisions of the regulations and guidance of the Environmental Protection Agency as the Administrator determines to be appropriate.
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(2) Not later than 180 days after August 8, 2005, the Administrator shall—(B) prepare and make publicly available one or more reports on the results of the reviews.
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(i) Not later than 90 days after August 8, 2005, the Administrator, in consultation with the Secretary of Transportation shall, through the Environmental Protection Agency’s SmartWay Transport Partnership, establish a program to support deployment of idle reduction and energy conservation technologies.
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(ii) The Administrator shall give priority to the deployment of idle reduction and energy conservation technologies based on the costs and beneficial effects on air quality and ability to lessen the emission of criteria air pollutants.
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(i) There are authorized to be appropriated to the Administrator to carry out subparagraph (A) for the purpose of reducing extended idling from heavy-duty vehicles $19,500,000 for fiscal year 2006, $30,000,000 for fiscal year 2007, and $45,000,000 for fiscal year 2008.
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(ii) There are authorized to be appropriated to the administrator to carry out subparagraph (A) for the purpose of reducing extended idling from locomotives $10,000,000 for fiscal year 2006, $15,000,000 for fiscal year 2007, and $20,000,000 for fiscal year 2008.
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(iii) Subject to clause (iv), the Administrator shall require at least 50 percent of the costs directly and specifically related to any project under this section to be provided from non-Federal sources.
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(iv) The Administrator may reduce the non-Federal requirement under clause (iii) if the Administrator determines that the reduction is necessary and appropriate to meet the objectives of this section.
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(A) Not later than 90 days after August 8, 2005, the Administrator, in consultation with the Secretary of Transportation, shall commence a study to analyze all locations at which heavy-duty vehicles stop for long-duration idling, including—(i) truck stops;(ii) rest areas;(iii) border crossings;(iv) ports;(v) transfer facilities; and(vi) private terminals.
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(B) Not later than 180 days after August 8, 2005, the Administrator shall—(i) complete the study under subparagraph (A); and(ii) prepare and make publicly available one or more reports of the results of the study.
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(d) Not later than 60 days after the date on which funds are initially awarded under this section, and on an annual basis thereafter, the Administrator shall submit to Congress a report containing—(1) an identification of the grant recipients, a description of the projects to be funded and the amount of funding provided; and(2) an identification of all other applicants that submitted applications under the program.
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(1) The term “Administrator” means the Administrator of the Environmental Protection Agency.
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(i) the Administrator; or
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(B) that meets or is rebuilt or remanufactured to a more stringent set of engine emission standards, as determined by the Administrator; and
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(ii) meets such timely and appropriate requirements as the Administrator may establish for vehicle use and for notice to and approval by the Federal department or agency or entity described in subparagraph (A) with respect to which the owner has entered into a contract, license, or lease as described in clause (i).
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(4) The term “emerging technology” means a technology that is not currently, or has not been previously, certified or verified by the Administrator or the California Air Resources Board but for which an approvable application and test plan has been submitted for verification to the Administrator or the California Air Resources Board.
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(7) The term “medium-duty truck” has such meaning as shall be determined by the Administrator, by regulation.
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(A) the Administrator; or
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(a) The Administrator shall use 70 percent of the funds made available to carry out this part for each fiscal year to provide grants, rebates, or low-cost revolving loans, as determined by the Administrator, on a competitive basis, to eligible entities, including through contracts entered into under subsection (e) of this section, to achieve significant reductions in diesel emissions in terms of—(1) pollution produced; and(2) diesel emissions exposure, particularly from fleets operating in areas designated by the Administrator as poor air quality areas.
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(2) diesel emissions exposure, particularly from fleets operating in areas designated by the Administrator as poor air quality areas.
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(1) The Administrator shall distribute funds made available for a fiscal year under this part in accordance with this section.
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(A) The Administrator shall provide not less than 95 percent of funds available for a fiscal year under this section to eligible entities for projects using—(i) a certified engine configuration; or(ii) a verified technology.
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(i) The Administrator shall provide not more than 5 percent of funds available for a fiscal year under this section to eligible entities for the development and commercialization of emerging technologies.
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(ii) To receive funds under clause (i), a manufacturer, in consultation with an eligible entity, shall submit for verification to the Administrator or the California Air Resources Board a test plan for the emerging technology, together with a verification application.
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(A) The Administrator shall develop a simplified application process for all applicants under this section to expedite the provision of funds.
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(B) In developing the expedited process under subparagraph (A), the Administrator—(ii) to avoid duplicative procedures, may require applicants to include in an application under this section the results of a competitive bidding process for equipment and installation.
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(A) To be eligible to receive a grant under this section, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.
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(B) To be eligible to receive a rebate or a low-cost loan under this section, an eligible entity shall submit an application in accordance with such guidance as the Administrator may establish—(i) to the Administrator; or(ii) to an entity that has entered into a contract under subsection (e).
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(i) to the Administrator; or
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(D) an evaluation (using methodology approved by the Administrator or the National Academy of Sciences) of the quantifiable and unquantifiable benefits of the emissions reductions of the proposed project;
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(4) In providing a grant, rebate, or loan under this section, the Administrator shall give highest priority to proposed projects that, as determined by the Administrator—(A) maximize public health benefits;(B) are the most cost-effective;(C) serve areas—(i) with the highest population density;(ii) that are poor air quality areas, including areas identified by the Administrator as—(I) in nonattainment or maintenance of national ambient air quality standards for a criteria pollutant;(II) Federal Class I areas; or(III) areas with toxic air pollutant concerns;(iii) that receive a disproportionate quantity of air pollution from diesel fleets, including truckstops, ports, rail yards, terminals, construction sites, schools, and distribution centers; or(iv) that use a community-based multistakeholder collaborative process to reduce toxic emissions;(D) include a certified engine configuration, verified technology, or emerging technology that has a long expected useful life;(E) will maximize the useful life of any certified engine configuration, verified technology, or emerging technology used or funded by the eligible entity; and(F) conserve diesel fuel.
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(ii) that are poor air quality areas, including areas identified by the Administrator as—(I) in nonattainment or maintenance of national ambient air quality standards for a criteria pollutant;(II) Federal Class I areas; or(III) areas with toxic air pollutant concerns;
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(A) Notwithstanding paragraph (1), no grant, rebate, or loan provided, or contract entered into, under this section shall be used to fund the costs of emissions reductions that are mandated under any Federal law, except that this subparagraph shall not apply to a mandate in a State implementation plan approved by the Administrator under the Clean Air Act [42 U.S.C. 7401 et seq.].
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(1) In addition to the use of contracting authority otherwise available to the Administrator, the Administrator may enter into contracts with eligible contractors described in paragraph (2) for the administration of programs for providing rebates or loans, subject to the requirements of this part.
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(2) The Administrator may enter into a contract under this subsection with a for-profit or nonprofit entity that has the capacity—(A) to sell diesel vehicles or equipment to, or to arrange financing for, individuals or entities that own a diesel vehicle or fleet; or(B) to upgrade diesel vehicles or equipment with verified or Environmental Protection Agency-certified engines or technologies, or to arrange financing for such upgrades.
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(f) Not later than 60 days after the date of the award of a grant, rebate, or loan, the Administrator shall publish on the website of the Environmental Protection Agency—(1) for rebates and loans provided to the owner of a diesel vehicle or fleet, the total number and dollar amount of rebates or loans provided, as well as a breakdown of the technologies funded through the rebates or loans; and(2) for other rebates and loans, and for grants, a description of each application for which the grant, rebate, or loan is provided.
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(a) Subject to the availability of adequate appropriations, the Administrator shall use 30 percent of the funds made available for a fiscal year under this part to support grant, rebate, and loan programs administered by States that are designed to achieve significant reductions in diesel emissions.
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(b) The Administrator shall—(1) provide to States guidance for use in applying for grant, rebate, or loan funds under this section, including information regarding—(A) the process and forms for applications;(B) permissible uses of funds received; and(C) the cost-effectiveness of various emission reduction technologies eligible to be carried out using funds provided under this section; and(2) establish, for applications described in paragraph (1)—(A) an annual deadline for submission of the applications;(B) a process by which the Administrator shall approve or disapprove each application; and(C) a streamlined process by which a State may renew an application described in paragraph (1) for subsequent fiscal years.
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(B) a process by which the Administrator shall approve or disapprove each application; and
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(1) For each fiscal year, the Administrator shall allocate among States for which applications are approved by the Administrator under subsection (b)(2)(B) funds made available to carry out this section for the fiscal year.
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(A) Except as provided in subparagraphs (B) and (C), using not more than 20 percent of the funds made available to carry out this part for a fiscal year, the Administrator shall provide to each State qualified for an allocation for the fiscal year an allocation equal to 1⁄53 of the funds made available for that fiscal year for distribution to States under this paragraph.
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(A) If a State agrees to match the allocation provided to the State under paragraph (2) for a fiscal year, the Administrator shall provide to the State for the fiscal year an additional amount equal to 50 percent of the allocation of the State under paragraph (2).
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(a) Not later than 1 year after the date on which funds are made available under this part, and biennially thereafter, the Administrator shall submit to Congress a report evaluating the implementation of the programs under this part.
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(6) any other information the Administrator considers to be appropriate; and
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(1) The Administrator shall establish a program under which the Administrator—(A) informs stakeholders of the benefits of eligible technologies; and(B) develops nonfinancial incentives to promote the use of eligible technologies.
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(c) The Administrator shall develop appropriate guidance to provide credit to a State for emission reductions in the State created by the use of eligible technologies through a State implementation plan under section 7410 of this title.
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(d) The Administrator, in coordination with the Department of Commerce and industry stakeholders, shall inform foreign countries with air quality problems of the potential of technology developed or used in the United States to provide emission reductions in those countries.
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(b) The Administrator may use not more than 1 percent of the amounts made available under subsection (a) for each fiscal year for management and oversight purposes.
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The Administrator of the Environmental Protection Agency (hereinafter, the “Agency”) may accept (notwithstanding sections 3302 and 1301 of title 31) diesel emissions reduction Supplemental Environmental Projects if the projects, as part of a settlement of any alleged violations of environmental law—
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In any settlement agreement regarding alleged violations of environmental law in which a defendant agrees to perform a diesel emissions reduction Supplemental Environmental Project, the Administrator of the Environmental Protection Agency shall require the defendant to include in the settlement documents a certification under penalty of law that the defendant would have agreed to perform a comparably valued, alternative project other than a diesel emissions reduction Supplemental Environmental Project if the Administrator were precluded by law from accepting a diesel emission reduction Supplemental Environmental Project. A failure by the Administrator to include this language in such a settlement agreement shall not create a cause of action against the United States under the Clean Air Act [42 U.S.C. 7401 et seq.] or any other law or create a basis for overturning a settlement agreement entered into by the United States.
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(a) Not later than 180 days after November 15, 2021, the Secretary, in consultation with the Administrator of the Environmental Protection Agency and after taking into account input from industry and other stakeholders, as determined by the Secretary, shall develop an initial standard for the carbon intensity of clean hydrogen production that shall apply to activities carried out under this subchapter.
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(2) Not later than the date that is 5 years after the date on which the Secretary develops the standard under subsection (a), the Secretary, in consultation with the Administrator of the Environmental Protection Agency and after taking into account input from industry and other stakeholders, as determined by the Secretary, shall—(A) determine whether the definition of clean hydrogen required under paragraph (1)(B) should be adjusted below the standard described in that paragraph; and(B) if the Secretary determines the adjustment described in subparagraph (A) is appropriate, carry out the adjustment.
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(iii) the Administrator of the Environmental Protection Agency;
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(iii) the Administrator of the Environmental Protection Agency;
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(B) As a part of the report described in subparagraph (A), the Secretary, in consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency for purposes of clause (iv), shall include a study that examines the viable market opportunities available for solar energy technology manufacturing in the United States, including—(i) a description of—(I) the ability to competitively manufacture solar technology in the United States, including the manufacture of—(aa) new and advanced materials, such as cells made with new, high efficiency materials;(bb) solar module equipment and enabling technologies, including smart inverters, sensors, and tracking equipment; and(cc) innovative solar module designs and applications, including those that can directly integrate with new and existing buildings and other infrastructure; and(II) opportunities and barriers within the United States and international solar energy technology market;(ii) policy recommendations for enhancing solar energy technology manufacturing in the United States;(iii) a 10-year target and plan to enhance the competitiveness of solar energy technology manufacturing in the United States;(iv) a description of the technical and economic viability of siting solar energy technologies on current and former mine land, including necessary interconnection and transmission siting and the impact on local job creation; and(v) any other research areas as determined by the Secretary.
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(1) The Secretary, in consultation with the Secretary of Agriculture, the Secretary of Defense, and the Administrator of the Environmental Protection Agency, shall establish an incentive program for the production of cellulosic biofuels.
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(K) consult with the Administrator of the National Nuclear Security Administration to integrate reactor safeguards and security into design;
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(B) consult with the Administrator of the National Nuclear Security Administration to integrate safeguards and security by design;
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(a) The Secretary of Energy, the Administrator of the National Nuclear Security Administration, and the Chairman of the Commission shall jointly establish a program, to be known as the “University Nuclear Leadership Program”.
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(1) $45,000,000 to the Secretary of Energy, of which $15,000,000 shall be for use by the Administrator of the National Nuclear Security Administration; and
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(a) The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall carry out a program of research, development, demonstration, and commercialization relating to carbon utilization.
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(2) Not later than 2 years after December 27, 2020, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish as part of the program a competitive technology prize competition to award prizes for—(A) precommercial carbon dioxide capture from dilute media; and(B) commercial applications of direct air capture technologies.
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(i) The Secretary shall collaborate with the Administrator of the Environmental Protection Agency and the heads of other relevant Federal agencies to develop and improve accounting frameworks and tools to accurately measure carbon removal and sequestration methods and technologies.
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(c) In carrying out this section, the Secretary shall consult with the Administrator of the Environmental Protection Agency, the Secretary of the Interior, the Chief Engineer of the Army Corps of Engineers, the Secretary of Commerce, the Secretary of Defense, and other Federal agencies as appropriate.
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The Administrator of the Environmental Protection Agency, in consultation with the State of Michigan and affected local officials, shall conduct a demonstration project to address the effect of transported ozone and ozone precursors in Southwestern Michigan. The demonstration program shall address projected nonattainment areas in Southwestern Michigan that include counties with design values for ozone of less than .095 based on years 2000 to 2002 or the most current 3-year period of air quality data. The Administrator shall assess any difficulties such areas may experience in meeting the 8-hour national ambient air quality standard for ozone due to the effect of transported ozone or ozone precursors into the areas. The Administrator shall work with State and local officials to determine the extent of ozone and ozone precursor transport, to assess alternatives to achieve compliance with the 8-hour standard apart from local controls, and to determine the timeframe in which such compliance could take place. The Administrator shall complete this demonstration project no later than 2 years after August 8, 2005, and shall not impose any requirement or sanction under the Clean Air Act (42 U.S.C. 7401 et seq.) that might otherwise apply during the pendency of the demonstration project.
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(a) The Secretary of Commerce, in consultation with the Secretaries of Energy and the Interior, the Director of the National Science Foundation, and the Administrator of the Environmental Protection Agency, shall establish a joint research facility in Barrow, Alaska, to be known as the “Barrow Geophysical Research Facility”, to support scientific research activities in the Arctic.
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(b) There are authorized to be appropriated to the Secretaries of Commerce, Energy, and the Interior, the Director of the National Science Foundation, and the Administrator of the Environmental Protection Agency for the planning, design, construction, and support of the Barrow Geophysical Research Facility, $61,000,000.
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(a) The Secretary, acting through the Administrator of the Western Area Power Administration (hereinafter in this section referred to as “WAPA”), or through the Administrator of the Southwestern Power Administration (hereinafter in this section referred to as “SWPA”), or both, may design, develop, construct, operate, maintain, or own, or participate with other entities in designing, developing, constructing, operating, maintaining, or owning, an electric power transmission facility and related facilities (“Project”) needed to upgrade existing transmission facilities owned by SWPA or WAPA if the Secretary, in consultation with the applicable Administrator, determines that the proposed Project—(A) is located in a national interest electric transmission corridor designated under section 216(a) of the Federal Power Act [16 U.S.C. 824p(a)] and will reduce congestion of electric transmission in interstate commerce; or(B) is necessary to accommodate an actual or projected increase in demand for electric transmission capacity;(2) is consistent with—(A) transmission needs identified, in a transmission expansion plan or otherwise, by the appropriate Transmission Organization (as defined in the Federal Power Act [16 U.S.C. 791a et seq.]), if any, or approved regional reliability organization; and(B) efficient and reliable operation of the transmission grid; and(3) would be operated in conformance with prudent utility practice.
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(b) The Secretary, acting through WAPA or SWPA, or both, may design, develop, construct, operate, maintain, or own, or participate with other entities in designing, developing, constructing, operating, maintaining, or owning, a new electric power transmission facility and related facilities (“Project”) located within any State in which WAPA or SWPA operates if the Secretary, in consultation with the applicable Administrator, determines that the proposed Project—(A) is located in an area designated under section 216(a) of the Federal Power Act [16 U.S.C. 824p(a)] and will reduce congestion of electric transmission in interstate commerce; or(B) is necessary to accommodate an actual or projected increase in demand for electric transmission capacity;(2) is consistent with—(A) transmission needs identified, in a transmission expansion plan or otherwise, by the appropriate Transmission Organization (as defined in the Federal Power Act [16 U.S.C. 791a et seq.]) if any, or approved regional reliability organization; and(B) efficient and reliable operation of the transmission grid;(3) will be operated in conformance with prudent utility practice;(4) will be operated by, or in conformance with the rules of, the appropriate (A) Transmission Organization, if any, or (B) if such an organization does not exist, regional reliability organization; and(5) will not duplicate the functions of existing transmission facilities or proposed facilities which are the subject of ongoing or approved siting and related permitting proceedings.
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(e) Nothing in this section shall constrain or restrict an Administrator in the utilization of other authority delegated to the Administrator of WAPA or SWPA.
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(1) The term “Administrator” means the Administrator of the Western Area Power Administration.
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(B) the Secretary shall, without further appropriation and without fiscal year limitation, loan to the Western Area Power Administration, on such terms as may be fixed by the Administrator and the Secretary, such sums (not to exceed, in the aggregate (including deferred interest), $3,250,000,000 in outstanding repayable balances at any one time) as, in the judgment of the Administrator, are from time to time required for the purpose of—(i) constructing, financing, facilitating, planning, operating, maintaining, or studying construction of new or upgraded electric power transmission lines and related facilities with at least one terminus within the area served by the Western Area Power Administration; and(ii) delivering or facilitating the delivery of power generated by renewable energy resources constructed or reasonably expected to be constructed after February 17, 2009.
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(4) The Administrator may permit other entities to participate in the financing, construction and ownership projects financed under this section.
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(5) Effective upon February 17, 2009, the Administrator shall have the authority to have utilized $1,750,000,000 at any one time. If the Administrator seeks to borrow funds above $1,750,000,000, the funds will be disbursed unless there is enacted, within 90 calendar days of the first such request, a joint resolution that rescinds the remainder of the balance of the borrowing authority provided in this section.
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(4) Nothing in this section confers on the Administrator any additional authority or obligation to provide ancillary services to users of transmission facilities developed under this section.
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(1) For each project in which the Western Area Power Administration participates pursuant to this section, the Administrator shall certify, prior to committing funds for any such project, that—(A) the project is in the public interest;(B) the project will not adversely impact system reliability or operations, or other statutory obligations; and(C) it is reasonable to expect that the proceeds from the project shall be adequate to make repayment of the loan.
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(C) The Administrator shall notify the Secretary of such amounts as are to be forgiven under this paragraph.
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(1) Prior to requesting any loans under this section, the Administrator shall use a public process to develop practices and policies that implement the authority granted by this section.
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(2) In the course of selecting potential projects to be funded under this section, the Administrator shall seek Requests For Interest from entities interested in identifying potential projects through one or more notices published in the Federal Register.
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(a) Subject to the availability of appropriations under subsection (d), the Administrator of the Environmental Protection Agency shall, in consultation with the Secretary of Agriculture and the Biomass Research and Development Technical Advisory Committee established under section 86051 of title 7, establish a program, to be known as the “Advanced Biofuel Technologies Program”, to demonstrate advanced technologies for the production of alternative transportation fuels.
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(b) In carrying out the program under subsection (a), the Administrator shall give priority to projects that enhance the geographical diversity of alternative fuels production and utilize feedstocks that represent 10 percent or less of ethanol or biodiesel fuel production in the United States during the previous fiscal year.
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(1) As part of the program under subsection (a), the Administrator shall fund demonstration projects—(A) to develop not less than 4 different conversion technologies for producing cellulosic biomass ethanol; and(B) to develop not less than 5 technologies for coproducing value-added bioproducts (such as fertilizers, herbicides, and pesticides) resulting from the production of biodiesel fuel.
Citations to §15951(b)(2)
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(1) The term “eligible State” means a State that meets the requirements of subsection (b).
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(4) The term “State energy office” means the State agency responsible for developing State energy conservation plans under section 6322 of this title.
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(5) The term “State program” means a State energy efficient appliance rebate program described in subsection (b)(1).
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(b) A State shall be eligible to receive an allocation under subsection (c) if the State—(1) establishes (or has established) a State energy efficient appliance rebate program to provide rebates to residential consumers for the purchase of residential Energy Star products, or products with improved energy efficiency in cold climates, to replace used appliances of the same type;(2) submits an application for the allocation at such time, in such form, and containing such information as the Secretary may require; and(3) provides assurances satisfactory to the Secretary that the State will use the allocation to supplement, but not supplant, funds made available to carry out the State program.
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(1) establishes (or has established) a State energy efficient appliance rebate program to provide rebates to residential consumers for the purchase of residential Energy Star products, or products with improved energy efficiency in cold climates, to replace used appliances of the same type;
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(3) provides assurances satisfactory to the Secretary that the State will use the allocation to supplement, but not supplant, funds made available to carry out the State program.
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(1) Subject to paragraph (2), for each fiscal year, the Secretary shall allocate to the State energy office of each eligible State to carry out subsection (d) an amount equal to the product obtained by multiplying the amount made available under subsection (f) for the fiscal year by the ratio that the population of the State in the most recent calendar year for which data are available bears to the total population of all eligible States in that calendar year.
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(d) The allocation to a State energy office under subsection (c) may be used to pay up to 50 percent of the cost of establishing and carrying out a State program.
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(e) Rebates may be provided to residential consumers that meet the requirements of the State program. The amount of a rebate shall be determined by the State energy office, taking into consideration—(1) the amount of the allocation to the State energy office under subsection (c);(2) the amount of any Federal or State tax incentive available for the purchase of the residential Energy Star product or product with improved energy efficiency in a cold climate; and(3) the difference between the cost of the residential Energy Star product or product with improved energy efficiency in a cold climate and the cost of an appliance that is not a residential Energy Star product or product with improved energy efficiency in a cold climate, but is of the same type as, and is the nearest capacity, performance, and other relevant characteristics (as determined by the State energy office) to, the residential Energy Star product or product with improved energy efficiency in a cold climate.
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(1) the amount of the allocation to the State energy office under subsection (c);
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(2) the amount of any Federal or State tax incentive available for the purchase of the residential Energy Star product or product with improved energy efficiency in a cold climate; and
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(3) the difference between the cost of the residential Energy Star product or product with improved energy efficiency in a cold climate and the cost of an appliance that is not a residential Energy Star product or product with improved energy efficiency in a cold climate, but is of the same type as, and is the nearest capacity, performance, and other relevant characteristics (as determined by the State energy office) to, the residential Energy Star product or product with improved energy efficiency in a cold climate.
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(a) The Secretary may make grants to the State agency responsible for developing State energy conservation plans under section 6322 of this title, or, if no such agency exists, a State agency designated by the Governor of the State, to assist units of local government in the State in improving the energy efficiency of public buildings and facilities—(1) through construction of new energy efficient public buildings that use at least 30 percent less energy than a comparable public building constructed in compliance with standards prescribed in the most recent version of the International Energy Conservation Code, or a similar State code intended to achieve substantially equivalent efficiency levels; or(2) through renovation of existing public buildings to achieve reductions in energy use of at least 30 percent as compared to the baseline energy use in such buildings prior to renovation, assuming a 3-year, weather-normalized average for calculating such baseline.
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(b) State energy offices receiving grants under this section shall—(1) maintain such records and evidence of compliance as the Secretary may require; and(2) develop and distribute information and materials and conduct programs to provide technical services and assistance to encourage planning, financing, and design of energy efficient public buildings by units of local government.
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(a) The Secretary, in cooperation with the States, shall establish a cooperative program for research, development, demonstration, and deployment of technologies in which there is a common Federal and State energy efficiency, renewable energy, and fossil energy interest, to be known as the “State Technologies Advancement Collaborative” (referred to in this section as the “Collaborative”).
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(1) leverage Federal and State funding through cost-shared activity;
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(2) reduce redundancies in Federal and State funding; and
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(c) The Collaborative shall be administered through an agreement between the Department and appropriate State-based organizations.
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(1) include collaborative efforts with State and local government officials and the private sector; and
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(2) incorporate, to the maximum extent practicable, successful State and local public education programs.
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(a) The Secretary shall establish a pilot program under which the Secretary provides financial assistance to at least 3, but not more than 7, States to carry out pilot projects in the States for—(1) planning and adopting statewide programs that encourage, for each year in which the pilot project is carried out—(A) energy efficiency; and
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(b) A State that receives financial assistance under subsection (a)(1) shall submit to the Secretary independent verification of any energy savings achieved through the statewide program.
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(a) The Secretary shall submit a report to Congress regarding each new or revised energy conservation or water use standard which the Secretary has failed to issue in conformance with the deadlines established in the Energy Policy and Conservation Act [42 U.S.C. 6201 et seq.]. Such report shall state the reasons why the Secretary has failed to comply with the deadline for issuances of the new or revised standard and set forth the Secretary’s plan for expeditiously prescribing such new or revised standard. The Secretary’s initial report shall be submitted not later than 6 months following August 8, 2005, and subsequent reports shall be submitted whenever the Secretary determines that additional deadlines for issuance of new or revised standards have been missed.
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(A) carried out in multiple States—(i) in each of which is produced cane sugar that is eligible for loans under section 7272 of title 7, or a similar subsequent authority; and
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(a) Notwithstanding any other provision of law, amounts received by the United States in the first 5 fiscal years beginning after August 8, 2005, as rentals, royalties, and other payments required under leases under the Geothermal Steam Act of 1970 [30 U.S.C. 1001 et seq.], excluding funds required to be paid to State and county governments, shall be deposited into a separate account in the Treasury.
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(2) be a regional consortium of institutions and government agencies that focuses on building collaborative efforts among the universities in the State of Idaho, other regional universities, State agencies, and the Idaho National Laboratory;
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(3) include Boise State University, the University of Idaho (including the Idaho Water Resources Research Institute), the Oregon Institute of Technology, the Desert Research Institute with the University and Community College System of Nevada, and the Energy and Geoscience Institute at the University of Utah;
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(4) be hosted and managed by Boise State University; and
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(c) The Secretary, acting through the Idaho National Laboratory and subject to the availability of appropriations, will provide financial assistance to Boise State University for expenditure under contracts with members of the consortium to carry out the activities of the consortium.
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(A) is in compliance with all applicable Federal, Tribal, and State requirements; or
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(2) may delegate management of any portion of the Federal royalty in-kind program to the State except as otherwise prohibited by Federal law; and
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(3) shall consult annually with any State from which Federal oil or gas royalty is being taken in-kind to ensure, to the maximum extent practicable, that the royalty in-kind program provides revenues to the State greater than or equal to the revenues likely to have been received had royalties been taken in-value.
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(D) Federal and State tax provisions and the effects of those provisions on production economics;
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(2) The Secretary shall enter into cooperative agreements with the State of Alaska, the North Slope Borough, the Arctic Slope Regional Corporation, and other Federal agencies as appropriate to coordinate efforts, share resources, and fund projects under this section.
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(i) has the meaning given the term by the applicable State; or
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(iii) each State within which Federal land is located; and
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(A) initial grants under paragraph (3);(B) formula grants under paragraph (4); and(C) performance grants under paragraph (5).
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(A) A State may use funding provided under this subsection for any of the following purposes:(i) To plug, remediate, and reclaim orphaned wells located on State-owned or privately owned land.(ii) To identify and characterize undocumented orphaned wells on State and private land.(iii) To rank orphaned wells based on factors including—(I) public health and safety;(II) potential environmental harm; and(III) other land use priorities.(iv) To make information regarding the use of funds received under this subsection available on a public website.(v) To measure and track—(I) emissions of methane and other gases associated with orphaned wells; and(II) contamination of groundwater or surface water associated with orphaned wells.(vi) To remediate soil and restore native species habitat that has been degraded due to the presence of orphaned wells and associated pipelines, facilities, and infrastructure.(vii) To remediate land adjacent to orphaned wells and decommission or remove associated pipelines, facilities, and infrastructure.(viii) To identify and address any disproportionate burden of adverse human health or environmental effects of orphaned wells on communities of color, low-income communities, and Tribal and indigenous communities.(ix) Subject to subparagraph (B), to administer a program to carry out any activities described in clauses (i) through (viii).
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(i) To plug, remediate, and reclaim orphaned wells located on State-owned or privately owned land.
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(ii) To identify and characterize undocumented orphaned wells on State and private land.
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(i) Except as provided in clause (ii), a State shall not use more than 10 percent of the funds received under this subsection during a fiscal year for administrative costs under subparagraph (A)(ix).
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(ii) The limitation under clause (i) shall not apply to funds used by a State as described in paragraph (3)(A)(ii).
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(i) not more than $25,000,000 to each State that submits to the Secretary, by not later than 180 days after November 15, 2021, a request for funding under this clause, including—(I) an estimate of the number of jobs that will be created or saved through the activities proposed to be funded; and(II) a certification that—(aa) the State is a Member State or Associate Member State of the Interstate Oil and Gas Compact Commission;(bb) there are 1 or more documented orphaned wells located in the State; and(cc) the State will use not less than 90 percent of the funding requested under this subsection to issue new contracts, amend existing contracts, or issue grants for plugging, remediation, and reclamation work by not later than 90 days after the date of receipt of the funds; and
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(aa) the State is a Member State or Associate Member State of the Interstate Oil and Gas Compact Commission;
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(bb) there are 1 or more documented orphaned wells located in the State; and
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(cc) the State will use not less than 90 percent of the funding requested under this subsection to issue new contracts, amend existing contracts, or issue grants for plugging, remediation, and reclamation work by not later than 90 days after the date of receipt of the funds; and
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(ii) not more than $5,000,000 to each State that—(I) requests funding under this clause;(II) does not receive a grant under clause (i); and(III) certifies to the Secretary that—(aa) the State—(AA) has in effect a plugging, remediation, and reclamation program for orphaned wells; or(BB) the capacity to initiate such a program; or(bb) the funds provided under this paragraph will be used to carry out any administrative actions necessary to develop an application for a formula grant under paragraph (4) or a performance grant under paragraph (5).
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(aa) the State—(AA) has in effect a plugging, remediation, and reclamation program for orphaned wells; or(BB) the capacity to initiate such a program; or
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(B) Subject to the availability of appropriations, the Secretary shall distribute funds to a State under this paragraph by not later than the date that is 30 days after the date on which the State submits to the Secretary the certification required under clause (i)(II) or (ii)(III) of subparagraph (A), as applicable.
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(i) The Secretary shall establish a formula for the distribution to each State described in clause (ii) of funds under this paragraph.
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(ii) A State referred to in clause (i) is a State that, by not later than 45 days after November 15, 2021, submits to the Secretary a notice of the intent of the State to submit an application under subparagraph (B), including a description of the factors described in clause (iii) with respect to the State.
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(iii) The formula established under clause (i) shall account for, with respect to an applicant State, the following factors:(I) Job losses in the oil and gas industry in the State during the period—(aa) beginning on March 1, 2020; and(bb) ending on November 15, 2021.(II) The number of documented orphaned wells located in the State, and the projected cost—(aa) to plug or reclaim those orphaned wells;(bb) to reclaim adjacent land; and(cc) to decommission or remove associated pipelines, facilities, and infrastructure.
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(I) Job losses in the oil and gas industry in the State during the period—(aa) beginning on March 1, 2020; and(bb) ending on November 15, 2021.
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(II) The number of documented orphaned wells located in the State, and the projected cost—(aa) to plug or reclaim those orphaned wells;(bb) to reclaim adjacent land; and(cc) to decommission or remove associated pipelines, facilities, and infrastructure.
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(B) To be eligible to receive a formula grant under this paragraph, a State shall submit to the Secretary an application that includes—(i) a description of—(I) the State program for orphaned well plugging, remediation, and restoration, including legal authorities, processes used to identify and prioritize orphaned wells, procurement mechanisms, and other program elements demonstrating the readiness of the State to carry out proposed activities using the grant;(II) the activities to be carried out with the grant, including an identification of the estimated health, safety, habitat, and environmental benefits of plugging, remediating, or reclaiming orphaned wells; and(III) the means by which the information regarding the activities of the State under this paragraph will be made available on a public website;(ii) an estimate of—(I) the number of orphaned wells in the State that will be plugged, remediated, or reclaimed;(II) the projected cost of—(aa) plugging, remediating, or reclaiming orphaned wells;(bb) remediating or reclaiming adjacent land; and(cc) decommissioning or removing associated pipelines, facilities, and infrastructure;(III) the amount of that projected cost that will be offset by the forfeiture of financial assurance instruments, the estimated salvage of well site equipment, or other proceeds from the orphaned wells and adjacent land;(IV) the number of jobs that will be created or saved through the activities to be funded under this paragraph; and(V) the amount of funds to be spent on administrative costs;(iii) a certification that any financial assurance instruments available to cover plugging, remediation, or reclamation costs will be used by the State; and(iv) the definitions and processes used by the State to formally identify a well as—(I) an orphaned well; or
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(I) the State program for orphaned well plugging, remediation, and restoration, including legal authorities, processes used to identify and prioritize orphaned wells, procurement mechanisms, and other program elements demonstrating the readiness of the State to carry out proposed activities using the grant;
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(III) the means by which the information regarding the activities of the State under this paragraph will be made available on a public website;
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(I) the number of orphaned wells in the State that will be plugged, remediated, or reclaimed;
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(iii) a certification that any financial assurance instruments available to cover plugging, remediation, or reclamation costs will be used by the State; and
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(C) Subject to the availability of appropriations, the Secretary shall distribute funds to a State under this paragraph by not later than the date that is 60 days after the date on which the State submits to the Secretary a completed application under subparagraph (B).
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(E) In making a determination under this paragraph regarding the eligibility of a State to receive a formula grant, the Secretary shall consult with—(i) the Administrator of the Environmental Protection Agency;(ii) the Secretary of Energy; and(iii) the Interstate Oil and Gas Compact Commission.
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(i) regulatory improvement grants under subparagraph (E); and(ii) matching grants under subparagraph (F).
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(B) To be eligible to receive a grant under this paragraph, a State shall submit to the Secretary an application including—(i) each element described in an application for a grant under paragraph (4)(B);(I) increasing State spending on well plugging, remediation, and reclamation; or(II) improving regulation of oil and gas wells; and(iii) the means by which the State will use funds provided under this paragraph—(I) to lower unemployment in the State; and(II) to improve economic conditions in economically distressed areas of the State.
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(I) increasing State spending on well plugging, remediation, and reclamation; or
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(I) to lower unemployment in the State; and
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(II) to improve economic conditions in economically distressed areas of the State.
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(C) Subject to the availability of appropriations, the Secretary shall distribute funds to a State under this paragraph by not later than the date that is 60 days after the date on which the State submits to the Secretary a completed application under subparagraph (B).
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(D) In making a determination under this paragraph regarding the eligibility of a State to receive a grant under subparagraph (E) or (F), the Secretary shall consult with—(i) the Administrator of the Environmental Protection Agency;(ii) the Secretary of Energy; and(iii) the Interstate Oil and Gas Compact Commission.
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(i) Beginning on the date that is 180 days after the date on which an initial grant is provided to a State under paragraph (3), the Secretary shall, subject to the availability of appropriations, provide to the State a regulatory improvement grant under this subparagraph, if the State meets, during the 10-year period ending on the date on which the State submits to the Secretary an application under subparagraph (B), 1 of the following criteria:
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(II) The amount of a single grant provided to a State under this subparagraph shall be not more than $20,000,000.
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(iii) A State that receives a grant under this subparagraph shall reimburse the Secretary in an amount equal to the amount of the grant in any case in which, during the 10-year period beginning on the date of receipt of the grant, the State enacts a law or regulation that, if in effect on the date of submission of the application under subparagraph (B), would have prevented the State from being eligible to receive the grant under clause (i).
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(i) Beginning on the date that is 180 days after the date on which an initial grant is provided to a State under paragraph (3), the Secretary shall, subject to the availability of appropriations, provide to the State funding, in an amount equal to the difference between—(I) the average annual amount expended by the State during the period of fiscal years 2010 through 2019—(aa) to plug, remediate, and reclaim orphaned wells; and(bb) to decommission or remove associated pipelines, facilities, or infrastructure; and(II) the amount that the State certifies to the Secretary the State will expend, during the fiscal year in which the State will receive the grant under this subparagraph—(aa) to plug, remediate, and reclaim orphaned wells;(bb) to remediate or reclaim adjacent land; and(cc) to decommission or remove associated pipelines, facilities, and infrastructure.
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(I) the average annual amount expended by the State during the period of fiscal years 2010 through 2019—(aa) to plug, remediate, and reclaim orphaned wells; and(bb) to decommission or remove associated pipelines, facilities, or infrastructure; and
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(II) the amount that the State certifies to the Secretary the State will expend, during the fiscal year in which the State will receive the grant under this subparagraph—(aa) to plug, remediate, and reclaim orphaned wells;(bb) to remediate or reclaim adjacent land; and(cc) to decommission or remove associated pipelines, facilities, and infrastructure.
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(e) The Secretary of Energy, in cooperation with the Secretary and the Interstate Oil and Gas Compact Commission, shall provide technical assistance to the Federal land management agencies and oil and gas producing States and Indian Tribes to support practical and economical remedies for environmental problems caused by orphaned wells on Federal land, Tribal land, and State and private land, including the sharing of best practices in the management of oil and gas well inventories to ensure the availability of funds to plug, remediate, and restore oil and gas well sites on cessation of operation.
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(1) an updated inventory of wells located on Federal land, Tribal land, and State and private land that are—(A) orphaned wells; or(B) at risk of becoming orphaned wells;
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(2) to the Secretary of Energy, $30,000,000 to conduct research and development activities in cooperation with the Interstate Oil and Gas Compact Commission to assist the Federal land management agencies, States, and Indian Tribes in—(A) identifying and characterizing undocumented orphaned wells; and(B) mitigating the environmental risks of undocumented orphaned wells; and
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(3) The Secretary may not designate a State agency as a component of the data archive system unless that agency is the agency that acts as the geological survey in the State.
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(A) in the most appropriate repository designated under paragraph (2), with preference being given to archiving data in the State in which the data were collected; and
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(5) identify and explain how legislative, regulatory, and administrative programs or processes restrict or impede the development of identified resources and the extent that they affect domestic supply, such as moratoria, lease terms and conditions, operational stipulations and requirements, approval delays by the Federal Government and coastal States, and local zoning restrictions for onshore processing facilities and pipeline landings.
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(B) improve consultation and coordination with the States and the public; and
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(3) Montana/Dakotas State Office, Montana.
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(1) the operation of any Federal or State law; or
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(a) Not later than 2 years after August 8, 2005, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, the Secretary of Energy, and the Secretary of the Interior (in this section referred to collectively as “the Secretaries”), in consultation with the Federal Energy Regulatory Commission, States, tribal or local units of governments as appropriate, affected utility industries, and other interested persons, shall consult with each other and shall—(1) designate, under their respective authorities, corridors for oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities on Federal land in the eleven contiguous Western States (as defined in section 1702(o) of title 43;1(2) perform any environmental reviews that may be required to complete the designation of such corridors; and(3) incorporate the designated corridors into the relevant agency land use and resource management plans or equivalent plans.
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(1) designate, under their respective authorities, corridors for oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities on Federal land in the eleven contiguous Western States (as defined in section 1702(o) of title 43;1
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(1) identify corridors for oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities on Federal land in States other than those described in subsection (a); and
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(3) development of those strategic unconventional fuels should occur, with an emphasis on sustainability, to benefit the United States while taking into account affected States and communities.
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(c) In accordance with section 241 of title 30 and any other applicable law, except as provided in this section, not later than 180 days after August 8, 2005, from land otherwise available for leasing, the Secretary of the Interior (referred to in this section as the “Secretary”) shall make available for leasing such land as the Secretary considers to be necessary to conduct research and development activities with respect to technologies for the recovery of liquid fuels from oil shale and tar sands resources on public lands. Prospective public lands within each of the States of Colorado, Utah, and Wyoming shall be made available for such research and development leasing.
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(1) Not later than 18 months after August 8, 2005, in accordance with section 4332(2)(C) of this title, the Secretary shall complete a programmatic environmental impact statement for a commercial leasing program for oil shale and tar sands resources on public lands, with an emphasis on the most geologically prospective lands within each of the States of Colorado, Utah, and Wyoming.
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(e) Not later than 180 days after publication of the final regulation required by subsection (d), the Secretary shall consult with the Governors of States with significant oil shale and tar sands resources on public lands, representatives of local governments in such States, interested Indian tribes, and other interested persons, to determine the level of support and interest in the States in the development of tar sands and oil shale resources. If the Secretary finds sufficient support and interest exists in a State, the Secretary may conduct a lease sale in that State under the commercial leasing program regulations. Evidence of interest in a lease sale under this subsection shall include, but not be limited to, appropriate areas nominated for leasing by potential lessees and other interested parties.
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(D) the Governors of affected States; and
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(1) Upon written request of a prospective applicant for Federal authorization to develop a proposed oil shale or tar sands project, the Department of the Interior shall act as the lead Federal agency for the purposes of coordinating all applicable Federal authorizations and environmental reviews. To the maximum extent practicable under applicable Federal law, the Secretary shall coordinate this Federal authorization and review process with any Indian tribes and State and local agencies responsible for conducting any separate permitting and environmental reviews.
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(i) the Green River Region of the States of Colorado, Utah, and Wyoming;
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(2) In carrying out the assessment under paragraph (1), the Secretary may request assistance from any State-administered geological survey or university.
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(1) Not later than 6 months after August 8, 2005, the Secretary of Energy, in consultation with the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Defense with respect to lands under their respective jurisdictions, shall enter into a memorandum of understanding to coordinate all applicable Federal authorizations and environmental reviews relating to a proposed or existing utility facility. To the maximum extent practicable under applicable law, the Secretary of Energy shall, to ensure timely review and permit decisions, coordinate such authorizations and reviews with any Indian tribes, multi-State entities, and State agencies that are responsible for conducting any separate permitting and environmental reviews of the affected utility facility.
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(iv) recommendations for inclusion of State and tribal governments in a coordinated permitting process.
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No Federal or State permit or lease shall be issued for new oil and gas slant, directional, or offshore drilling in or under one or more of the Great Lakes.
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(a) At the request of the Governor of a State, the Administrator may enter into a refinery permitting cooperative agreement with the State, under which each party to the agreement identifies steps, including timelines, that it will take to streamline the consideration of Federal and State environmental permits for a new refinery.
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(c) The Administrator is authorized to provide financial assistance to State governments to facilitate the hiring of additional personnel with expertise in fields relevant to consideration of refinery permits.
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(d) The Administrator is authorized to provide technical, legal, or other assistance to State governments to facilitate their review of applications to build new refineries.
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(a) Notwithstanding any other provision of law, no officer of the United States or of any department, agency, or instrumentality of the United States Government may enter into any contract or other arrangement, or into any amendment or modification of a contract or other arrangement, the purpose or effect of which would be to directly or indirectly impose liability on the United States Government, or any department, agency, or instrumentality of the United States Government, or to otherwise directly or indirectly require an indemnity by the United States Government, for nuclear incidents occurring in connection with the design, construction, or operation of a production facility or utilization facility in any country whose government has been identified by the Secretary of State as engaged in state sponsorship of terrorist activities (specifically including any country the government of which, as of September 11, 2001, had been determined by the Secretary of State under section 2371(a) of title 22, section 4605(j)(1)1 of title 50, or section 2780(d) of title 22 to have repeatedly provided support for acts of international terrorism). This section shall not apply to nuclear incidents occurring as a result of missions, carried out under the direction of the Secretary, the Secretary of Defense, or the Secretary of State, that are necessary to safely secure, store, transport, or remove nuclear materials for nuclear safety or nonproliferation purposes.
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(i) communicating with the Commission and other Federal, State, and local authorities concerning threats, including threats against such classes of facilities as the Commission determines to be appropriate;
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(iii) assisting in the coordination of security measures among the private security forces at such classes of facilities as the Commission determines to be appropriate and Federal, State, and local authorities, as appropriate.
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(i) Not later than 18 months after August 8, 2005, the Commission, after consultation with States and other stakeholders, shall issue final regulations establishing such requirements as the Commission determines to be necessary to carry out this section and the amendments made by this section.
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(i) cooperate with States; and
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(ii) use model State standards in existence on August 8, 2005.
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(I) States that have not, before the date on which the plan is published, entered into an agreement with the Commission under section 2021(b) of this title; and
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(II) States that have entered into an agreement with the Commission under that section before the date on which the plan is published.
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(I) a description of the conditions under which a State may exercise authority over byproduct material; and
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(II) a statement of the Commission that any agreement covering byproduct material, as defined in paragraph (1) or (2) of section 2014(e) of this title, entered into between the Commission and a State under section 2021(b) of this title before the date of publication of the transition plan shall be considered to include byproduct material, as defined in paragraph (3) or (4) of section 2014(e) of this title, if the Governor of the State certifies to the Commission on the date of publication of the transition plan that—(aa) the State has a program for licensing byproduct material, as defined in paragraph (3) or (4) of section 2014(e) of this title, that is adequate to protect the public health and safety, as determined by the Commission; and
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(aa) the State has a program for licensing byproduct material, as defined in paragraph (3) or (4) of section 2014(e) of this title, that is adequate to protect the public health and safety, as determined by the Commission; and
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(ii) The Commission shall terminate any waiver granted to a State under subparagraph (A) if the Commission determines that—(I) the State has entered into an agreement with the Commission under section 2021(b) of this title;(II) the agreement described in subclause (I) covers byproduct material (as described in paragraph (3) or (4) of section 2014(e) of this title); and(III) the program of the State for licensing such byproduct material is adequate to protect the public health and safety.
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(I) the State has entered into an agreement with the Commission under section 2021(b) of this title;
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(III) the program of the State for licensing such byproduct material is adequate to protect the public health and safety.
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(a) The Secretary, in consultation with the Secretary of Transportation, shall establish a competitive grant pilot program (referred to in this subpart as the “pilot program”), to be administered through the Clean Cities Program of the Department, to provide not more than 30 geographically dispersed project grants to State governments, local governments, or metropolitan transportation authorities to carry out a project or projects for the purposes described in subsection (b).
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(B) motorized 2-wheel bicycles or other vehicles for use by law enforcement personnel or other State or local government or metropolitan transportation authority employees.
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(i) be submitted by the head of a State or local government or a metropolitan transportation authority, or any combination thereof, and a registered participant in the Clean Cities Program of the Department; and
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(i) 1 or more local or State governmental entities responsible for—(I) providing school bus service to 1 or more public school systems; or(II) the purchase, lease, license, or contract for service of school buses;
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(6) The term “high-need local educational agency” means a local educational agency (as defined in section 7801 of title 20) that is among the local educational agencies in the applicable State with high percentages of children counted under section 6333(c) of title 20, on the basis of the most recent satisfactory data available, as determined by the Secretary of Education (or, for a local educational agency for which no such data is available, such other data as the Secretary of Education determines to be satisfactory).
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(A) be operated as part of the school bus fleet for which the award was made for not less than 5 years, except that, if the award is to an eligible contractor and the contract with the local educational agency (including charter schools operating as local educational agencies under State law) ends before the end of the 5-year period, those school buses may be operated as part of another local educational agency eligible for the same or higher priority consideration under paragraph (4), subject to the limitations under paragraph (7);
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(B) be maintained, operated, and charged or fueled according to manufacturer recommendations or State requirements; and
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(B) The Administrator shall ensure that the amount received by all eligible entities in a State from grants and rebates under this section does not exceed 10 percent of the amounts made available to carry out this section during a fiscal year.
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(i) one or more local or State governmental entities responsible for providing school bus service to one or more public school systems or the purchase of school buses;
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(B) New school buses and retrofit technology shall be maintained, operated, and fueled according to manufacturer recommendations or State requirements.
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(B) ensure a broad geographic distribution of grant awards, with no State receiving more than 10 percent of the grant funding made available under this section during a fiscal year.
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(A) will operate on ultra-low sulfur diesel fuel where such fuel is reasonably available or required for sale by State or local law or regulation;
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(2) grant funds will be used for the purchase of emission control retrofit technology, including State taxes and contract fees; and
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(A) Notwithstanding paragraph (1), no grant, rebate, or loan provided, or contract entered into, under this section shall be used to fund the costs of emissions reductions that are mandated under any Federal law, except that this subparagraph shall not apply to a mandate in a State implementation plan approved by the Administrator under the Clean Air Act [42 U.S.C. 7401 et seq.].
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(B) For purposes of subparagraph (A), voluntary or elective emission reduction measures shall not be considered “mandated”, regardless of whether the reductions are included in the State implementation plan of a State.
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(a) Subject to the availability of adequate appropriations, the Administrator shall use 30 percent of the funds made available for a fiscal year under this part to support grant, rebate, and loan programs administered by States that are designed to achieve significant reductions in diesel emissions.
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(1) provide to States guidance for use in applying for grant, rebate, or loan funds under this section, including information regarding—(A) the process and forms for applications;(B) permissible uses of funds received; and(C) the cost-effectiveness of various emission reduction technologies eligible to be carried out using funds provided under this section; and
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(C) a streamlined process by which a State may renew an application described in paragraph (1) for subsequent fiscal years.
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(1) For each fiscal year, the Administrator shall allocate among States for which applications are approved by the Administrator under subsection (b)(2)(B) funds made available to carry out this section for the fiscal year.
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(A) Except as provided in subparagraphs (B) and (C), using not more than 20 percent of the funds made available to carry out this part for a fiscal year, the Administrator shall provide to each State qualified for an allocation for the fiscal year an allocation equal to 1⁄53 of the funds made available for that fiscal year for distribution to States under this paragraph.
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(i) Except as provided in clause (ii), Guam, the United States Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands shall collectively receive an allocation equal to 1⁄53 of the funds made available for that fiscal year for distribution to States under this subsection, divided equally among those 4 States.
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(ii) If any State described in clause (i) does not qualify for an allocation under this paragraph, the share of funds otherwise allocated for that State under clause (i) shall be reallocated pursuant to subparagraph (C).
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(C) If any State does not qualify for an allocation under this paragraph, the share of funds otherwise allocated for that State under this paragraph shall be reallocated to each remaining qualified State in an amount equal to the product obtained by multiplying—(i) the proportion that the population of the State bears to the population of all States described in paragraph (1); by(ii) the amount otherwise allocatable to the nonqualifying State under this paragraph.
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(i) the proportion that the population of the State bears to the population of all States described in paragraph (1); by
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(ii) the amount otherwise allocatable to the nonqualifying State under this paragraph.
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(A) If a State agrees to match the allocation provided to the State under paragraph (2) for a fiscal year, the Administrator shall provide to the State for the fiscal year an additional amount equal to 50 percent of the allocation of the State under paragraph (2).
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(B) A State—(i) may not use funds received under this part to pay a matching share required under this subsection; and(ii) shall not be required to provide a matching share for any additional amount received under subparagraph (A).
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(4) Any funds that are not claimed by a State for a fiscal year under this subsection shall be used to carry out section 16132 of this title.
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(1) Subject to paragraphs (2) and (3) and, to the extent practicable, the priority areas listed in section 16132(c)(3) of this title, a State shall use any funds provided under this section to develop and implement such grant, rebate, and low-cost revolving loan programs in the State as are appropriate to meet State needs and goals relating to the reduction of diesel emissions.
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(2) The chief executive of a State that receives funding under this section may determine the portion of funds to be provided as grants, rebates, or loans.
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(4) In providing grants, rebates, and loans under this section, a State shall use the priorities in section 16132(c)(4) of this title.
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(5) Not later than 60 days after the date of the award of a grant, rebate, or loan by a State, the State shall publish on the Web site of the State—(A) for rebates, grants, and loans provided to the owner of a diesel vehicle or fleet, the total number and dollar amount of rebates, grants, or loans provided, as well as a breakdown of the technologies funded through the rebates, grants, or loans; and(B) for other rebates, grants, and loans, a description of each application for which the grant, rebate, or loan is provided.
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(D) State and local officials responsible for air quality management;
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(c) The Administrator shall develop appropriate guidance to provide credit to a State for emission reductions in the State created by the use of eligible technologies through a State implementation plan under section 7410 of this title.
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(B) be located at part B institutions, minority institutions, and institutions of higher education located in States participating in the Experimental Program to Stimulate Competitive Research of the Department.
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(4) the term “photovoltaic devices” means devices that convert light directly into electricity through a solid-state, semiconductor process.
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(D) operate in partnership with tribal energy development organizations, Indian Tribes, Tribal organizations, Native Hawaiian community-based organizations, or territories or freely associated States; or
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(1) other Federal, State, regional, and local governments and their representatives;
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(2) Recognizing States’ primacy over allocation and administration of water resources (except in specific instances where preempted under Federal law) and the siting of energy infrastructure within State boundaries on non-Federal lands, it is the national policy that the Federal government, in all energy-water nexus management activities, shall maximize coordination and consultation among Federal agencies and with State and local governments, and disseminate information to the public in the most effective manner.
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(ii) not later than 1 year after December 27, 2020, and biennially thereafter, issue a strategic plan on energy-water nexus RD&D activities, priorities, and objectives pursuant to subparagraph (D), which shall be developed in consultation with relevant State and local governments;
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(v) identify ways to leverage existing RD&D programs, including programs at the State and local level;
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(I) consulting with representatives of research and academic institutions, State, local, and Tribal governments, public utility commissions, and industry, who have expertise in technologies, technological innovations, or practices relating to the energy-water nexus; and
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(ii) Notwithstanding any other provision of law, nothing in this section shall be construed to require State, Tribal, or local governments to take any action that may result in an increased financial burden to such governments.
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(F) In developing the strategic plan described in subparagraph (C)(ii), the Secretary shall consult and coordinate with a diverse group of representatives from research and academic institutions, industry, public utility commissions, and State and local governments who have expertise in technologies and practices relating to the energy-water nexus.
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(3) a State energy conservation plan established under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.); or
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(1) The term “advanced solid-state lighting” means a semiconducting device package and delivery system that produces white light using externally applied voltage.
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(c) The objectives of the Initiative shall be to develop advanced solid-state organic and inorganic lighting technologies based on white light emitting diodes that, compared to incandescent and fluorescent lighting technologies, are longer lasting, are more energy-efficient and cost-competitive, and have less environmental impact.
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(d) Not later than 90 days after August 8, 2005, the Secretary shall competitively select an Industry Alliance to represent participants who are private, for-profit firms, open to large and small businesses, that, as a group, are broadly representative of United States solid-state lighting research, development, infrastructure, and manufacturing expertise as a whole.
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(A) comments to identify solid-state lighting technology needs;
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(C) assistance in annually updating solid-state lighting technology roadmaps.
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(1) that the Industry Alliance participants who are active participants in research, development, and demonstration activities related to the advanced solid-state lighting technologies that are covered by this section shall be granted the first option to negotiate with the invention owner, at least in the field of solid-state lighting, nonexclusive licenses and royalties on terms that are reasonable under the circumstances;
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(b) The Initiative shall integrate Federal, State, and voluntary private sector efforts to reduce the costs of construction, operation, maintenance, and renovation of commercial, industrial, institutional, and residential buildings.
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(1) conduct an assessment (in cooperation with industry, standards development organizations, and other entities, as appropriate) of whether the current voluntary consensus standards and rating systems for high performance buildings are consistent with the current technological state of the art, including relevant results from the research, development and demonstration activities of the Department;
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(a) Not later than 18 months after May 8, 2008, the Secretary shall make grants to nonprofit institutions, State and local governments, cooperative extension services, or institutions of higher education (or consortia thereof), to establish a geographically dispersed network of Advanced Energy Technology Transfer Centers, to be located in areas the Secretary determines have the greatest need of the services of such Centers. In making awards under this section, the Secretary shall—(1) give priority to applicants already operating or partnered with an outreach program capable of transferring knowledge and information about advanced energy efficiency methods and technologies;(2) ensure that, to the extent practicable, the program enables the transfer of knowledge and information—(A) about a variety of technologies; and(B) in a variety of geographic areas;(3) give preference to applicants that would significantly expand on or fill a gap in existing programs in a geographical region; and(4) consider the special needs and opportunities for increased energy efficiency for manufactured and site-built housing, including construction, renovation, and retrofit.
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(2) The extent to which the applicant will coordinate the activities of the Center with other entities as appropriate, such as State and local governments, utilities, institutions of higher education, and National Laboratories.
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(g) As part of the program described in subsection (a), the Secretary shall award a grant to a university research program to design and test, in consultation with the Tennessee Valley Authority, state-of-the-art optimization techniques for power flow through existing high voltage transmission lines.
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(2) to state how they expect any award to further their transition to the significant use of renewable energy.
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(11) The term “territory or freely associated state” has the meaning given the term “insular area” in section 3103 of title 7.
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(V) are carried out in collaboration with Tribal energy development organizations, Indian Tribes, Tribal organizations, Native Hawaiian community-based organizations, minority-serving institutions, or territories or freely associated States; and
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(A) a device that converts light directly into electricity through a solid-state, semiconductor process;
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(14) The term “territory or freely associated state” has the meaning given the term “insular area” in section 3103 of title 7.
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(v) are carried out in collaboration with Tribal energy development organizations, Indian Tribes, Tribal organizations, Native Hawaiian community-based organizations, minority-serving institutions, or territories or freely associated States; and
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(iv) operate in partnership with Tribal energy development organizations, Indian Tribes, Tribal organizations, Native Hawaiian community-based organizations, minority-serving institutions, or territories or freely associated states; or
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(B) meets all applicable Federal and State permitting requirements; and
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(A) ensure all activities and designs incorporate state of the art safeguards technologies and techniques to reduce risk of proliferation;
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(C) The term “EPSCoR university” means an institution of higher education located in a State eligible to participate in the program defined in section 502 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p note).
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(c) Not later than 2 years after August 8, 2005, and every 2 years thereafter, the Secretary of the Interior, in consultation with other appropriate Federal agencies, shall submit to Congress a report on the latest estimates of natural gas and oil reserves, reserves growth, and undiscovered resources in Federal and State waters off the coast of Louisiana, Texas, Alabama, and Mississippi.
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(3) The organization receiving a grant under paragraph (1) shall collaborate with the State geologist of each State being studied.
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(3) have 1 or more existing partnerships with a National Laboratory, an institution of higher education, a private company, or a State or other government entity.
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(i) a State;
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(4) State and local governments.
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(F) any activities that may be more effectively left to the States, industry, nongovernmental organizations, institutions of higher education, or other stakeholders; and
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The Administrator of the Environmental Protection Agency, in consultation with the State of Michigan and affected local officials, shall conduct a demonstration project to address the effect of transported ozone and ozone precursors in Southwestern Michigan. The demonstration program shall address projected nonattainment areas in Southwestern Michigan that include counties with design values for ozone of less than .095 based on years 2000 to 2002 or the most current 3-year period of air quality data. The Administrator shall assess any difficulties such areas may experience in meeting the 8-hour national ambient air quality standard for ozone due to the effect of transported ozone or ozone precursors into the areas. The Administrator shall work with State and local officials to determine the extent of ozone and ozone precursor transport, to assess alternatives to achieve compliance with the 8-hour standard apart from local controls, and to determine the timeframe in which such compliance could take place. The Administrator shall complete this demonstration project no later than 2 years after August 8, 2005, and shall not impose any requirement or sanction under the Clean Air Act (42 U.S.C. 7401 et seq.) that might otherwise apply during the pendency of the demonstration project.
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(4) recommendations for new local, regional, and State permitting and building codes to ensure transportation and building safety and efficient energy use when constructing, using, and occupying such infrastructure in the Arctic region.
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(6) A State, local government, agency, or instrumentality of a State or local government, or a public authority, may submit to the Secretary an application under paragraph (3), under which a private party to a public-private partnership will be—(A) the obligor; and(B) identified at a later date through completion of a procurement and selection of the private party.
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(B) If the Secretary fully obligates funding to eligible projects for a fiscal year and adequate funding is not available to fund a Federal credit instrument, a project sponsor (including a unit of State or local government) of an eligible project may elect—(I) to enter into a master credit agreement in lieu of the Federal credit instrument; and(II) to wait to execute a Federal credit instrument until the fiscal year for which additional funds are available to receive credit assistance; or(ii) if the lack of adequate funding is solely with respect to amounts available for the subsidy amount, to pay the subsidy amount to fund the Federal credit instrument.
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(1) relieve any recipient of the assistance of any project obligation to obtain any required State or local permit or approval with respect to the project;
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(3) otherwise supersede any State or local law (including any regulation) applicable to the construction or operation of the project.
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The Secretary shall ensure that each program authorized by this Act or an amendment made by this Act includes an outreach component to provide information, as appropriate, to manufacturers, consumers, engineers, architects, builders, energy service companies, institutions of higher education, facility planners and managers, State and local governments, and other entities.
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(A) journey- and apprentice-level workers who are enrolled in, or have completed, a federally-recognized or State-recognized apprenticeship program; and
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(b) The Secretary, acting through WAPA or SWPA, or both, may design, develop, construct, operate, maintain, or own, or participate with other entities in designing, developing, constructing, operating, maintaining, or owning, a new electric power transmission facility and related facilities (“Project”) located within any State in which WAPA or SWPA operates if the Secretary, in consultation with the applicable Administrator, determines that the proposed Project—(A) is located in an area designated under section 216(a) of the Federal Power Act [16 U.S.C. 824p(a)] and will reduce congestion of electric transmission in interstate commerce; or(B) is necessary to accommodate an actual or projected increase in demand for electric transmission capacity;(2) is consistent with—(A) transmission needs identified, in a transmission expansion plan or otherwise, by the appropriate Transmission Organization (as defined in the Federal Power Act [16 U.S.C. 791a et seq.]) if any, or approved regional reliability organization; and(B) efficient and reliable operation of the transmission grid;(3) will be operated in conformance with prudent utility practice;(4) will be operated by, or in conformance with the rules of, the appropriate (A) Transmission Organization, if any, or (B) if such an organization does not exist, regional reliability organization; and(5) will not duplicate the functions of existing transmission facilities or proposed facilities which are the subject of ongoing or approved siting and related permitting proceedings.
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(2) any Federal or State law relating to the siting of energy facilities; or
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(15) direct system state sensors;
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(1) the procedures currently used by electric utilities to perform economic dispatch;(2) identifying possible revisions to those procedures to improve the ability of nonutility generation resources to offer their output for sale for the purpose of inclusion in economic dispatch; and(3) the potential benefits to residential, commercial, and industrial electricity consumers nationally and in each State if economic dispatch procedures were revised to improve the ability of nonutility generation resources to offer their output for inclusion in economic dispatch.
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(3) the potential benefits to residential, commercial, and industrial electricity consumers nationally and in each State if economic dispatch procedures were revised to improve the ability of nonutility generation resources to offer their output for inclusion in economic dispatch.
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(c) Not later than 90 days after August 8, 2005, and on a yearly basis following, the Secretary shall submit a report to Congress and the States on the results of the study conducted under subsection (a), including recommendations to Congress and the States for any suggested legislative or regulatory changes.
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(15) The term “State commission” means any commission, board, agency, or officer, by whatever name designated, of a State, municipality, or other political subdivision of a State that, under the laws of such State, has jurisdiction to regulate public utility companies.
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(e) Any United States district court located in the State in which the State commission referred to in subsection (a) is located shall have jurisdiction to enforce compliance with this section.
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(1) issue such regulations as may be necessary or appropriate to implement this part (other than section 16453 of this title, relating to State access to books and records); and
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(d) Not later than 4 months after August 8, 2005, the Commission shall issue rules (which rules shall be effective no earlier than the effective date of this part) to exempt from the requirements of this section any company in a holding company system whose public utility operations are confined substantially to a single State and any other class of transactions that the Commission finds is not relevant to the jurisdictional rates of a public utility.
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(b) The Federal Trade Commission may issue rules prohibiting the change of selection of an electric utility except with the informed consent of the electric consumer or if approved by the appropriate State regulatory authority.
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(e) If the Federal Trade Commission determines that a State’s regulations provide equivalent or greater protection than the provisions of this section, such State regulations shall apply in that State in lieu of the regulations issued by the Commission under this section.
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(1) The term “State regulatory authority” has the meaning given that term in section 796(21) of title 16.
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(a) A State may provide to any entity—(2) any other tax incentive,determined by the State to be appropriate, in the amount calculated under and in accordance with a formula determined by the State, for production described in subsection (b) in the State by the entity that receives such credit or such incentive.
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(b) Subsection (a) shall apply with respect to the production in the State of electricity from coal mined in the State and used in a facility, if such production meets all applicable Federal and State laws and if such facility uses scrubbers or other forms of clean coal technology.
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(c) Any action taken by a State in accordance with this section with respect to a tax or fee payable, or incentive applicable, for any period beginning after August 8, 2005, shall—(1) be considered to be a reasonable regulation of commerce; and(2) not be considered to impose an undue burden on interstate commerce or to otherwise impair, restrain, or discriminate, against interstate commerce.
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(1) meet all applicable Federal and State permitting requirements;