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EXECUTIVE SUMMARY 

On August 8, 2005, President Bush signed the Energy Policy Act of 2005 (EPAct05) into 

law. The most comprehensive rewrite of the nation’s energy policy in more than 70 years, it 

covered almost every aspect of energy policy, from incentives for the development of energy 

resources and infrastructure to energy efficiency. One of EPAct05’s most ambitious goals 

was to focus on the development of many new and emerging energy technologies. 

EPAct05 contains nearly 70 provisions that require federal agencies to undertake research, 

development and demonstration of new technologies, to engage in public/private partnerships, 

or to make available financial incentives to the private sector for the development of 

these new energy technologies, which range from hydrogen and fuel cells to clean coal to 

greenhouse gas reduction. 

It has been the consistent position of the U.S. Chamber that this nation must actively work 

to develop new technologies to either capture carbon emissions or produce energy without 

carbon emissions if it is to seriously address climate change and develop new sources of energy. 

The broad nature of the technology provisions of EPAct05 provided a long-term, solid 

path forward that could lead to major breakthroughs in new energy technologies. Therefore, 

the U.S. Chamber supported full implementation of these programs and created the Emerging 

Technologies Committee to monitor implementation efforts. 

As part of the U.S. Chamber’s monitoring activities, it published last year EPAct05: Enactment 

+1, which outlined the various energy technology programs to be implemented by the 

federal government under EPAct05. As the programs were just beginning, last year’s report 

was merely a compilation of the programs and a few comments on the initial efforts. At that 

time, it was premature to really assess the value of agency activity. 

This summer, as a part of the Chamber’s efforts to evaluate federal activities to implement 

the technology provisions of EPAct05, Chamber staff contacted agency officials, staff, and 

managers of these energy technology programs to determine the progress of each program. 

For each, the Chamber sets forth the statutory requirements and the status of the program. 

In some instances, the Chamber was unable to secure any information on the program and 

thus filed requests for information under the Freedom of Information Act. In instances 

where reports are available online, the Chamber provides web addresses. In almost every 

section analyzed, the Chamber has included the name of the project manager so that interested 

parties may contact the federal official directly about the progress of the technology. 

1

EXECUTIVE SUMMARY continued 

The overall purpose of EPAct05: Enactment +2 is to report on the status of the various technologies, 

not to criticize government agencies as implementation may be based on numerous 

factors – the primary one being funding. One aspect of implementation is clear, however: 

a significant number of the nearly 70 new energy technology and efficiency directives are 

unfunded, under-funded, or simply not implemented at all. 

Programs requiring an agency to draft guidance or standards have generally been met. Programs 

that are self-implementing such as the Clean Renewable Energy Bonds program and 

the clean coal technologies investment tax credit program have been successful to date. 

However, a variety of initiatives that require funds for research and development activities, 

including many programs designed to develop the technologies mandated by EPAct05, are 

either non-starters or behind schedule. 

The U.S. Chamber, the world’s largest business federation representing more than three million 

businesses and organizations of every size, sector and region, strongly supports implementation 

of the Energy Policy Act of 2005. Hopefully, those interested in developing new 

energy technologies will use the information in this report to contact government officials 

responsible for developing their technology of interest to explain the nation’s need for that 

technology and push for its development. 

William L. Kovacs 

Vice President 

Environment, Technology & Regulatory Affairs 

U.S. Chamber of Commerce 

2

TABLE OF CONTENTS 

EXECUTIVE SUMMARY 

EPAct05 SECTION PROGRESS CODING 

ENERGY EFFICIENCY PROVISIONS 

RENEWABLE & ALTERNATIVE ENERGY 

ALTERNATIVE VEHICLES & FUELS 

DEPARTMENT OF ENERGY 

Technology Transfer & Collaboration Initiatives 

FUEL EMISSIONS REDUCTION & EFFICIENCY 

FOSSIL FUELS: 

Technological Initiatives & Development of Programs 

CLEAN ENERGY TECHNOLOGIES 

CLIMATE CHANGE: 

Technologies & Greenhouse Gas Reduction Strategies 

APPENDIX A: Research Process 

APPENDIX B: Index of EPAct05 Sections 

3 

1 

4 

5 

21 

34 

44 

47 

54 

58 

60 

70 

71

EPAct SECTION PROGRESS CODING 

$ 

? 

X 

Program/initiative unfunded 

Report submitted or rule published 

Program implemented 

Information not available 

Freedom of Information Act request submitted by U.S. Chamber 

Action past deadline 

Action complete 

Action in progress 

Action not begun 

4

ENERGY EFFICIENCY PROVISIONS 

101: Energy & Water Savings Measures in Congressional Buildings 

Agency 

Architect of the Capitol (ARCH) 

Action 

Directs ARCH to submit a plan to Congress that identifies and applies cost-effective energy and water 

conservation measures for every facility administered by Congress. The plan must include a schedule of 

continuing surveys of all buildings every five years to ensure that changes in technology and costs are 

considered in the development of cost-effective projects. Additional requirements include a study that 

identifies the costs and benefits associated with the installation of sub-metering services for each building, 

and the distribution of “how-to” save energy guides for each Member and employing authority of Congress. 

Deadline(s) 

Submit plan to Congress: February 6, 2006; Annual Reports: Beginning one year after initial report to 

Congress. 

Status 

The Report to Congress was submitted but ARCH cannot publicly release the report without prior Congressional 

approval. Source: ARCH management. 

In a separate report unrelated to EPAct05, ARCH submitted a final report for the “Green the Capitol 

Initiative,” which calls for a 50% energy reduction by 2018. The report, dated June 21, 2007, is available at: 

http://eetd.lbl.gov/EMills/PUBS/PDF/GTCI621full2.pdf. 

Additionally, the “how-to” save energy guides are posted on ARCH’s website. 

Source: http://www.aoc.gov/. 

Contact 

William Weidemeyer, Supervisory Engineer 

ARCH 

(202) 226-5644 

5

ENERGY EFFICIENCY PROVISIONS continued 

104: Procurement of Energy Efficient Products 

Agency 

U.S. Department of Energy (DOE) 

Action 

Requires federal agencies to purchase Energy Star-qualified or Federal Energy Management Program 

(FEMP) designated products. Applies to products and equipment purchased through any agency’s procurement 

action, except when the purchase is not cost-effective or does not meet functional requirements. 

Deadline(s) 

Issue guidelines for Federal agencies: February 6, 2006. 

Status 

Premium efficiency standards for electric motors (1-500 hp) were published on DOE’s website in March 

2006, and are available at: http://www1.eere.energy.gov/femp/procurement/printable_versions/eep_emotors.html. 

As of June 5, 2006, agencies must purchase premium efficient electric motors, air conditioning, 

and refrigeration equipment. 

Additionally, the Federal Acquisitions Service (FAS) is developing an implementation plan to assist federal 

agencies in meeting the requirements of Section 104 of EPAct05 ; FAS expects to release the plan by August 

2007. Source: Statement of GSA Administrator Lurita Doan before the Committee on Transportation 

and Infrastructure, U.S. House of Representatives, May 11, 2007, available at: http://www.gsa.gov/Portal/ 

gsa/ep/channelView.do?pageTypeId=8169&channelId=-13258. No further information is available to date. 

Contact 

Annie Haskins, Program Analyst 

U.S. DOE, Federal Energy Management Program, Office of Energy Efficiency and Renewable Energy 

(202) 586-4536 

http://www1.eere.energy.gov/femp/ 

6


106: Voluntary Commitments to Reduce Industrial Energy Intensity 

Agency 


Action 

Permits DOE to enter into voluntary agreements with industrial sectors that consume significant quantities 

of primary energy for each unit of physical output. The goal of the voluntary agreements is to reduce 

energy intensity in production activities by 2.5% each year during the period of calendar years 2007 - 2016. 

Parties that enter into a voluntary agreement with DOE and put forth specified energy efficiency goals are 

eligible for grants or technical assistance. DOE must submit three reports to Congress that study and evaluate 

the effectiveness of the program. 

Deadline(s) 

First Report to Congress: February 8, 2008; Second Report to Congress: June 30, 2012; Third Report to 

Congress: June 30, 2017. 

Status 

Information regarding the report’s status is currently unavailable. The Chamber submitted a FOIA request 

on August 9, 2007 to learn more about the program’s status. 

Contact 

Douglas Kaempf, Program Manager 

U.S. DOE, Office of the Industrial Technology Program 

(202) 586-5264 

http://www1.eere.energy.gov/industry/technologies/index.html 

7 

?


109: Federal Building Performance Standards 

Agency 


Action 

Directs the DOE to revise federal building energy efficiency performance standards that are at least 30 

percent below American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) 

standards or the International Energy Conservation Code. The standards, applicable to all federal buildings, 

must incorporate sustainable design principles, reduced energy consumption levels, and “life-cycle costeffective” 

water conservation technologies. 

Deadline(s) 

Revise standards: August 8, 2006; Re-evaluate standards to determine if they need updating: August 8, 2007. 

Status 

DOE published an interim final rule for revised building standards in the Federal Register on December 4, 

2006. The rule, effective January 3, 2007, applies to all federal buildings (commercial and residential) and is 

codified at 10 C.F.R. §§ 435-437. Source: http://www1.eere.energy.gov/femp/sustainable/sustainable_fedrequire.html. 

DOE plans to publish a final rule for federal building standards by mid-October 2007. 

Source: DOE staff. 

Contact 

Cyrus Nasseri 

U.S. DOE, Office of Energy Efficiency and Renewable Energy, Federal Energy Management Program 

(202) 586-9138 

8


123: State Energy Programs 

Agency 


Action 

Provides formula grants totaling $100 million for each of fiscal years 2006 and 2007 and $125 million during 

fiscal year 2008 for state energy conservation and renewable energy programs. To receive financial assistance, 

state plans must contain goals that make the usage of energy at least 25% more efficient in 2012 than 

in 1990. The plan may contain interim energy efficiency goals. 

Governors of each state receiving assistance must meet with DOE every three years, beginning in August 

2008. Energy conservation plans may be revised during the meetings and those plans are encouraged to 

consider the energy conservation plans of other states within the region. 

Deadline(s) 

Review energy conservation plans with the governors of each state: August 8, 2008; Subsequent evaluations 

of energy conservation plans: triennially. 

Status 

On October 2, 2006, DOE issued a final rule amending the State Energy Program (SEP) regulations in the 

Code of Federal Regulations to incorporate the EPAct05 amendments. Source: 10 C.F.R. § 420. DOE contributed 

approximately $35 million in federal grant funds to SEP projects in FY 2006, followed by approximately 

$46 million in FY 2007. Source: http://www.eere.energy.gov/state_energy_program/funding_states. 

cfm. 

The first required annual meeting between the governors of each state and DOE is expected to occur in 

early August 2008. No formal announcement has been made with respect to the details of the annual meeting; 

however, DOE plans on issuing invitations to the governors of each state during FY 2007. Source: 

http://www.eere.energy.gov/state_energy_program/grant_guidance.cfm. 

Contact 

Mark Bailey, Acting Director 

U.S. DOE, Weatherization and Intergovernmental Program, 

Office of Energy Efficiency and Renewable Energy 

(202) 586-9220 

http://www.eere.energy.gov/wip/sep.html 

9


134: Energy Efficiency Public Information Initiative 

Agency 


Action 

Directs DOE to carry out a comprehensive national program designed to educate consumers, through 

advertising and media awareness programs, about the needs and benefits associated with reducing personal 

energy consumption. 

Section 134 of EPAct05 emphasizes specific cost-effective measures, including: 

(1) heating and cooling duct and equipment maintenance; 

(2) home and building weatherization measures; 

(3) energy efficient product purchases; and 

(4) proper tire maintenance. 

Section 134 also mandates collaborative efforts with state and local governments and the private sector and 

authorizes $90 million for each of fiscal years 2006 through 2010 to carry out the program (totaling $450 

million). DOE must submit a report to Congress by July 1, 2009; the program terminates on December 31, 

2010. 

Deadline(s) 

Report to Congress: July 1, 2009; Termination of program: December 31, 2010. 

Status 

The “Easy Ways to Save Energy” campaign was launched in October 2005. Source: http://www.eere. 

energy.gov/consumer/save_energy/. The campaign includes an education and awareness effort with the 

Alliance to Save Energy and private industry to disseminate energy saving information through radio and 

television public service announcements, websites, newspaper advertising and media campaigns. FY 2007 

and FY 2008 budget requests for the “Easy Ways to Save Energy Campaign” totaled $8.8 million for each 

fiscal year. Source: http://www1.eere.energy.gov/ba/pba/budget_08.html. 

Other DOE program efforts and campaigns include “Powerful Savings,” “EnergyHog,” and the “Power 

is in Your Hands.” It is unclear how much of the $90 million authorized annually under Section 134 was 

spent on these outreach programs. 

Contact 

Douglas Kaempf, Program Manager 

U.S. DOE, Office of the Industrial Technology Program 

(202) 586-5264 

http://www1.eere.energy.gov/industry/ 

10


137: Energy Labeling 

Agency 

Federal Trade Commission (FTC) 

Action 

Directs FTC to complete a rulemaking that evaluates the effectiveness of consumer products labeling for 

the purchase of energy-efficient products; mandates FTC to consider changes to existing product labeling 

rules to improve their effectiveness; and, requires FTC to complete a rulemaking pertaining to labeling 

requirements for ceiling fans. 

Deadline(s) 

Completion of rulemaking for the labeling requirements of ceiling fans: February 8, 2007; Completion of 

rulemaking for the labeling of energy-efficient products: August 8, 2007. 

Status 

On August 7, 2007, FTC published a final rule to improve the design and content of “EnergyGuide” labels 

(required on most new appliances). The final rule amends FTC’s Appliance Labeling Rule under 16 C.F.R. § 

305; amendments take effect six months after publication in the Federal Register, which is expected to occur 

by mid-August 2007. Source: http://www.ftc.gov/opa/2007/08/energy.shtm. Additionally, on December 

28, 2006 FTC published a final appliance labeling rule for ceiling fans, effective January 1, 2009. Source: 

http://www.ftc.gov/bcp/conline/edcams/eande/popups/ceilingfanrule.pdf. 

Contact 

Hampton Newsome, Attorney 

FTC, Division of Enforcement, Bureau of Consumer Protection 

(202) 326-2889 

11


138: Intermittent Escalator Study 

Agency 

U.S. General Services Administration (GSA) 

Action 

Directs GSA to conduct a study on the advantages and disadvantages of employing intermittent escalators 

in the U.S.; mandates that the study include an analysis of the energy end-cost savings, and the cost savings 

derived from reduced maintenance requirements. 

Deadline(s) 

Submit study to Congress: August 8, 2006. 

Status 

The Intermittent Escalator Study was prepared by the National Institute of Building Sciences and submitted 

to Congress on time (July 18, 2006). Source: GSA management. 

Contact 

Mark Ewing, Energy Management Officer 

GSA 

(202) 708-9296 

12


139: Energy Efficient Electric & Natural Gas Utilities Study 

Agency 


Action 

Directs DOE, in consultation with the National Association of Regulatory Utility Commissioners 

(NARUC) and the National Association of State Energy Officials (NASEO), to conduct a study of state 

and regional policies that promote cost-effective programs designed to reduce energy consumption and 

increase energy efficiency. Requires DOE to evaluate energy conservation programs carried out by stateregulated 

and unregulated utilities and encourages recommendations for model policies that promote energy 

efficiency programs. 

Deadline(s) 

Conduct study and submit report to Congress: August 8, 2006. 

Status 

The report to Congress, submitted seven months after the deadline in March 2007, is entitled “State and Regional 

Policies that Promote Energy Programs Carried out by Electric and Gas Utilities,” and is available at: 

http://www.oe.energy.gov/DocumentsandMedia/DOE_EPAct_Sec._139_Rpt_to_CongressFINAL_PUB- 

LIC_RELEASE_VERSION.pdf. 

Contact 

Patricia Hoffman, Deputy Director of Research and Development 

U.S. DOE, Office of Electricity Delivery and Energy Reliability 

(202) 586-6074 

13


154: Energy Strategy for Housing and Urban Development 

Agency 

U.S. Department of Housing and Urban Development (HUD) 

Action 

Directs HUD to develop and implement a strategy that integrates cost-effective energy conservation and 

efficiency measures into the construction of public and assisted housing; requires HUD to develop energy 

reduction goals and incentives for public housing agencies. 

Deadline(s) 

Initial report to Congress: August 8, 2006; Additional reports: every two years, beginning on August 8, 2008. 

Status 

The report to Congress, entitled “Promoting Energy Efficiency at HUD in a Time of Change,” was submitted 

on August 8, 2006 and is available at: http://www.huduser.org/publications/destech/energyefficiency. 

html. 

Additionally, a June 2007 GAO report indicates that HUD provided information on energy efficiency (under 

programs outlined in HUD’s EPAct’05 Section 154 report to Congress) to assist the Gulf Coast region 

with its post-Katrina reconstruction efforts. Specific energy efficiency outreach efforts cited in the GAO 

report include a Mississippi Governors Reconstruction “Expo” and the sponsoring of free home repair 

workshops in Louisiana and Mississippi, through HUD’s Partnership for Advanced Technologies in Housing 

(PATH) program. Source: GAO Report Number 07-654, “Energy Efficiency: Important Challenges 

Must be Overcome to Realize Significant Opportunities for Energy Efficiency Improvements in Gulf Coast 

Reconstruction,” available at http://www.gao.gov/new.items/d07654.pdf. 

Contact 

Keith A. Nelson, Assistant Secretary of Administration 

U.S. Department of Housing and Urban Development 

(202) 708-0940 

14


1223: Advanced Transmission Technologies 

Agency 

Federal Energy Regulatory Commission (FERC) 

Action 

Defines advanced transmission technology as any “technology that increases the capacity, efficiency, or 

reliability of an existing or new transmission facility” and calls upon FERC to encourage its deployment, as 

appropriate, through the Federal Power Act (FPA) and the Public Utility Regulatory Policies Act of 1978 

(PURPA). 

Provides examples of advanced transmission technologies, including: high-temperature lines; advanced 

conductor technology; high-capacity ceramic electric wire, connectors, and insulators; modular equipment; 

wireless power transmission; ultra-high voltage lines; high-voltage DC technology; flexible AC transmission 

systems; energy storage devices; controllable load; distributed generation; enhanced power device monitoring; 

direct system state sensors; fiber optic technologies; power electronics; and mobile transformers and 

mobile substations. 

Deadline(s) 

Encourage the use of advanced transmission technologies: unspecified date. 

Status 

On July 31, 2006, pursuant to Section 1241 of EPAct05, FERC published a final rule in the Federal Register 

and amended its regulations to establish incentive-based (including performance-based) rate treatments for 

the transmission of electric energy in interstate commerce by public utilities. 

According to FERC, the final rule “does not grant outright any incentives to public utilities, but identifies 

specific allowable incentives that are designed to encourage transmission infrastructure investment.” Source: 

“Promoting Transmission Investment through Pricing Reform,” Order No. 679; 71 Fed. Reg. 43,294, available 

at: http://www.ferc.gov/legal/maj-ord-reg/fed-sta/ene-pol-act.asp. 

Contact 

Andre Goodson, Attorney-Adviser (Public Utilities) 

Federal Energy Regulatory Commission 

(202) 502-8560 

Tina Ham, Attorney-Adviser (Public Utilities) 

Federal Energy Regulatory Commission 

(202) 502-6224 

15


1332: Credit for Construction of New Energy Efficient Homes 

Agency 


Action 

Creates a business tax credit to contractors for the construction of new energy efficient homes. If homes 

are 50% more energy efficient than the International Energy Conservation Code’s 2003 building standards 

(IECC 2003 standards), a maximum of $2,000 is provided. A maximum of $1,000 is provided if the home 

is 30% more energy efficient than IECC 2003 standards. If annual heating and cooling consumption is at 

least 30% less than a comparable dwelling unit, a home is considered energy efficient under Section 1332. 

The tax credit applies to homes whose construction is substantially completed after December 31, 2005 

and are purchased after December 31, 2005 and prior to January 1, 2008. Additionally, the Department of 

the Treasury, in consultation with DOE, must prescribe guidance procedures and methods for calculating 

energy and cost savings. 

Deadline(s) 

Effective dates of credits: between January 1, 2006, and December 31, 2007. 

Status 

IRS Notices 2006-27 and 2006-28 provide guidance regarding the application of tax credits to the construction 

of energy efficient homes. The notices are available at: http://www.energystar.gov/index. 

cfm?c=products.pr_tax_credits#s6. 

Additionally, a June 2007 GAO Report estimates that home builders who utilize EPAct05 ’s Section 1332 tax 

credit by building homes that use 50% less energy than the International Code Council’s (ICC) 2006 residential 

building codes, a total estimated annual energy cost savings of $371 to $447 per home may be achieved. 

Source: http://www.gao.gov/new.items/d07654.pdf. 

Contact 

Jennifer C. Bernardini, Attorney 

IRS, Office of the Chief Counsel 

(202) 622-3120 

16


1333: Credit for Certain Non-business Energy Property 

Agency 


Action 

Provides a nonrefundable, 10% personal credit for the purchase of qualified energy efficiency improvements 

to existing homes and a full (but lifetime-limited) credit for qualified residential energy property 

expenditures, such as water boilers and air circulating fans. The tax credit applies to property placed in service 

after December 31, 2005, and before January 1, 2008. DOE must also promulgate rules that describe 

performance and quality standards and certification requirements (if any) for energy efficiency and property 

energy expenditures. 

Deadline(s) 

Effective dates of credits: between January 1, 2006, and December 31, 2007. 

Status 

A summary and explanation of tax credits for homeowners, as well as applicable IRS guidance documents, 

are available at: http://www.energystar.gov/index.cfm?c=products.pr_tax_credits#s2. 

Contact 

Michael J. McCabe, Program Manager 

U.S. DOE, Building Technologies Program, Office of Energy Efficiency and Renewable Energy 

(202) 586-9155 

17


1353: Recycling Study 

Agency 

U.S. Department of the Treasury (Treasury), U.S. Department of Energy (DOE) 

Action 

Treasury, in consultation with DOE, shall conduct a study to determine and quantify the energy savings 

achieved through the recycling of glass, paper, plastic, steel, aluminum, and electronic devices, as well as 

identify tax incentives to encourage recycling of the above materials. 

Deadline(s) 

Submit report to Congress: August 8, 2006. 

Status 

The report is more than one year overdue. As of November 2006, Treasury was just beginning its work on 

the report and had yet to coordinate its efforts with DOE, and had no estimated completion date for the 

report. Source: December 2006 GAO Report No. 07-37, “Recycling: Additional Efforts Could Increase 

Municipal Recycling,” available at: http://www.gao.gov/new.items/d0737.pdf. 

Contact 

Eric Nicoll, Principal Deputy Assistant Secretary 

U.S. DOE, Office of Congressional and Intergovernmental Affairs 

(202) 586-3006 

18


1802: Study of Energy Efficiency Standards 

Agency 

U.S. Department of Energy (DOE), National Academy of Sciences (NAS) 

Action 

Requires DOE to contract with NAS for the commission of a study that examines whether the goals of 

energy efficiency standards are best served by measuring the total energy consumed and efficiency improvements 

at the actual site of energy consumption, or the full fuel cycle, beginning at the source of energy 

production. 

Deadline(s) 


Status 

The report to Congress is past due. DOE is currently negotiating the terms and scope of the report with 

NAS; the report will not be completed until mid-2008. Source: DOE management. 

Contact 

Jerry Dion, Acting Program Manager 

U.S. DOE, Building Technologies Program, Office of Energy Efficiency and Renewable Energy 

(202) 586-9470 

19 

X


1829: Energy & Water Savings Measures in Congressional Buildings 

Agency 

The Architect of the Capitol (ARCH) 

Action 

ARCH, as part of the process to update the Master Plan Study for the Capitol Complex, shall: 

(1) conduct a study that evaluates the energy infrastructure of the Capitol complex to determine 

how to augment the infrastructure to become more energy efficient, 

(2) evaluate the feasibility of installing energy and water conservation measures on the rooftop of 

the Dirksen Senate Office Building (Dirksen); and 

(3) submit a report to Congress on the above findings. 

Deadline(s) 

No deadlines were set by EPAct05 for the energy infrastructure or water conservation reports. EPAct05 

required ARCH to submit a report to Congress by February 4, 2006, analyzing onsite energy technologies at 

Dirksen Senate Office Building. 

Status 

ARCH will address the requirements of Section 1829 through a series of energy efficiency reports by the 

Capitol Power Plant, for which a release date has not been set, and a “green roof ” study of Dirksen and 

accompanying report, expected to be released in September 2007. ARCH submitted its February 4, 2006 

report to Congress analyzing energy technologies at Dirksen on time. 

Contact 

Ryan Ward, Engineer 

ARCH 

(202) 226-5644 

20

RENEWABLE & ALTERNATIVE ENERGY 

201: Assessment of Renewable Resources 

Agency 

U.S. Department of Energy (DOE), Office of Energy Efficiency and Renewable Energy 

Action 

Directs DOE to conduct an initial review and subsequent annual inventories of renewable energy sources 

within the U.S., including solar, wind, biomass, ocean (including tidal, wave, current, and thermal), geothermal 

and hydroelectric resources. Requires reports to Congress, which must undertake new assessments of 

renewable energy sources when necessary, as well as consider changes in market conditions and available 

technologies. $10 million is authorized for each of fiscal years 2006 – 2010. 

Deadline(s) 

Initial review of renewable energy resources: February 8, 2006; Additional reviews: February 8, 2007, and 

annually thereafter; Initial report to Congress: August 8, 2006; Additional reports to Congress: August 8, 

2007, and annually thereafter. 

Status 

Funds have not been appropriated for the program to date; DOE has solicited funds from other programs 

to complete the specific tasks mandated by EPAct05. DOE completed its initial review of renewable 

energy assessments on time in February 2006. The first report to Congress was submitted two months 

late (in October 2006) and is available at: http://www.eere.energy.gov/ba/pba/km_portal/docs/pdf/fy06_ 

epact_201_report.pdf. DOE expects to complete the next report to Congress by October 2007. Source: 

DOE management. 

Contact 

Darrell Beschen Jr., Director 

U.S. DOE, Office of Planning, Budget and Analysis 

(202) 586-1732 

21 

$

RENEWABLE & ALTERNATIVE ENERGY continued 

203: Federal Purchase Requirement 

Agency 


Action 

Directs DOE to ensure that the federal government purchases certain percentages of renewable energy out 

of the total amount of electric energy consumed, beginning in FY 2007. Section 203 mandates, “where 

economically feasible and technically practicable,” the following renewable energy goals: 

(1) 3% or more for FY 2007 – 2009; 

(2) 5% or more for FY 2010 – 2012; and 

(3) 7.5% or more for FY 2013 and beyond. 

DOE must also submit a report to Congress detailing the federal government’s progress in meeting the 

above goals. 

Deadline(s) 

Initial report to Congress: April 15, 2007; Additional reports: April 15, 2009 and every two years thereafter. 

Status 

The Report to Congress was submitted two months late on June 15, 2007, and is not posted on the web to 

date. Additionally, DOE’s Federal Energy Management Program (FEMP) currently facilitates the development 

of EPAct05 ’s renewable energy goals through DOE’s Renewable Energy Working Group. Information 

regarding the working group’s current activities is available at: http://www1.eere.energy.gov/femp/ 

renewable_energy/renewable_workinggroup.html. 

Contact 

Anne Crawley, Renewable Technology Manager 

U.S. DOE, Federal Energy Management Program, Office of Energy 

Efficiency and Renewable Energy 

(202) 586-1505 

22


204: Use of Photovoltaic Energy in Public Buildings; 

Commercialization/Evaluation Program 

Agency 

U.S. General Services Administration (GSA) 

Action 

Authorizes $50 million for each of fiscal years 2006 through 2010 for GSA to establish a photovoltaic (PV) 

energy commercialization program; requires GSA to procure and install photovoltaic systems in public and 

Federal buildings. Requires the installation of 20,000 solar energy systems in Federal buildings by 2010 and 

mandates the creation of a photovoltaic solar energy systems evaluation program. Authorizes $10 million 

for each of fiscal years 2006 through 2010 to carry out the evaluation program; a total of $300 million is 

authorized for both programs. 

Deadline(s) 

Creation of solar evaluation program: October 7, 2005; completion of commercialization program: no later 

than 2010. 

Status 

The commercialization program authorized by EPAct05 has not been funded. There are no documents 

related to that program or the Photovoltaic Solar Energy Systems Evaluation Program produced by GSA. 

However, the U.S. Department of Energy has produced a considerable body of information about the possibilities 

of the commercialization of solar energy. These are readily accessible public documents available, 

principally, from the National Renewable Energy Labratory website at http://www.nrel.gov/pv/. Source: 

GSA Commissioner response to FOIA request. 

Since FY 2006, GSA has initiated three PV systems (separate from the requirements of EPAct05), and has 

funded them through a line-item appropriations budget for GSA’s energy efficiency programs. 

Source: GSA management. 

Contact 

Mark Ewing, Energy Management Officer 

GSA 

(202) 708-9296 

Glenn S. Hunter, Jr., Assistant Commissioner for Applied Science 

GSA 

23 

$ X


208: Sugar Cane Ethanol Program 

Agency 

Environmental Protection Agency (EPA) 

Action 

Authorizes $36 million in grants for the States of Hawaii, Florida, Texas and Louisiana ($9 million per state) 

for demonstration projects to study the production of ethanol from cane sugar, sugar cane, and sugar cane 

byproducts. After locating and constructing sugar cane ethanol facilities, each state must provide information 

on methods for replicating the scale of sugar cane ethanol production. 

Deadline(s) 

Each sugar cane demonstration project shall conclude within three years from the date of initiation. 

Status 

No funding has been appropriated for the program to date, and no state has received a Section 208 grant. 

Source: U.S. EPA, Office of Air and Radiation. The Chamber submitted a FOIA request to EPA on June 

20, 2007, and has not received a response to date. 

Recent research, however, indicates that construction of one ethanol plant (unrelated to Section 208 of 

EPAct05 ) that utilizes sugar cane feedstocks is scheduled to begin production in the near future. A sugar 

cane ethanol plant in Kauai (spurred by state tax credits and a state ethanol mandate) will use sugar cane 

juice and molasses as feedstock; production is expected to begin in mid to late 2008. Source: http://starbulletin.com/2007/07/10/news/story01.html. 

Contact 

Barry Garelick 

U.S. EPA, Alternative Fuels Program, Office of Transportation and Air Quality 

(202) 343-9028 

24 

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X


210: Grants to Improve the Commercial Value of Forest Biomass 

Agency 

U.S. Department of Agriculture (USDA), U.S. Department of the Interior (DOI), Bureau of Land Management 

(BLM) 

Action 

Provides USDA and DOI with discretionary grant-making authority to any person (individual, corporation, 

community, Indian tribe, small business, or nonprofit) who owns or operates a facility that uses biomass as 

a raw material to produce electric energy, sensible heat, or transportation fuels. The grants are designed to 

offset the purchase of biomass and may not exceed $500,000 per person. 

Priority is given to preferred communities, which includes any Indian tribe, town of less than 50,000 people, 

or county that is not within a metropolitan statistical area. A total of $50 million is authorized for each of 

fiscal years 2006 through 2016. 

Deadline(s) 

Report to Congress: October 1, 2010. 

Status 

In FY 2007, BLM assisted the USDA’s Forest Service with the review and award of $6.2 million in grants 

to small businesses and community groups for biomass projects; $4.2 million in grants were awarded to 18 

small enterprises in FY 2006. Source: http://www.blm.gov/wo/st/en/prog/energy.1.html. 

Additional information regarding USDA’s biomass program is available at: http://www.rurdev.usda.gov/ 

rbs/biomass/biomass.htm. 

The Chamber submitted a FOIA request to USDA on June 20, 2007 to learn more about the status of Section 

210’s program, and has not received a response to date. 

Contact 

Ben Anderson, Acting Administrator 

USDA, Rural Business and Cooperative Services 

(202) 720-7558 

25 

?


804: Plan - Hydrogen & Fuel Cell Program 

Agency 


Action 

Directs DOE to submit a report to Congress that outlines a coordinated program for each fuel cell and 

hydrogen initiative created under EPAct05. The plan must describe, at a minimum, the: 

(1) agenda for the next five years for programs authorized under the program; 

(2) types of entities to carry out the program’s activities, and the role each entity is expected to fill; 

(3) milestones to evaluate the programs within five years; 

(4) most significant technical and non-technical hurdles that may slow down the program’s goals; 

(5) methods to address those hurdles, including any assumptions that may affect hydrogen’s sources 

or marketability. 

Deadline(s) 

Submit plan to Congress: February 8, 2006. 

Status 

The DOE’s Hydrogen, Fuel Cells & Infrastructure technologies program submitted its report, entitled the 

“Hydrogen Posture Plan,” in December 2006, eight months past the deadline. A copy of the report is available 

at: http://www.hydrogen.energy.gov/pdfs/hydrogen_posture_plan_dec06.pdf. 

Contact 

JoAnn Milliken, Program Manager 

U.S. DOE, Hydrogen, Fuel Cells & Infrastructure Technologies Program, 


(202) 586-0410 

26


811: Reports - Hydrogen & Fuel Cell Program 

Agency 


Action 

Directs DOE to submit a report that describes and evaluates the progress of each DOE hydrogen and fuel 

cell technology activity. Specific directives include an evaluation of the progress towards achieving the goal 

of producing and deploying at least 100,000 hydrogen-fueled vehicles in the U.S. by 2010, and the goal of 

2.5 million hydrogen-fueled vehicles by 2020. 

Deadline(s) 

Submit report to Congress: August 8, 2007; additional reports to Congress: August 8, 2010 and triennially 

thereafter. 

Status 

DOE missed the August 8, 2007 deadline for Section 811’s report to Congress. According to DOE management, 

DOE expects to release the report by the fall of 2007. Information regarding DOE’s Hydrogen, 

Fuel Cells and Infrastructure Technologies program is available at: http://www1.eere.energy.gov/hydrogenandfuelcells/fuelcells/. 

Contact 




(202) 586-0410 

27


812: Solar and Wind Technologies 

Agency 


Action 

Directs DOE to establish a roadmap for the development of five solar and five wind energy demonstration 

projects that produce hydrogen. Specifically, DOE shall provide for the construction and operation of new 

solar power devices or solar power cogeneration facilities that produce hydrogen either concurrently with 

(or independently of) the production of electricity. DOE must also support the development of hydrogenproducing 

wind and solar technologies at colleges and universities. The total authorization amount for the 

program consists of such funds as are necessary. 

Deadline(s) 

Submit report to Congress: December 6, 2005. 

Status 

DOE submitted its report to Congress on time (December 5, 2005). Several EPAct-related solar and wind 

technology demonstration projects have been established throughout the U.S. at energy laboratories, universities, 

and through private and public sector partnerships. 

Source: http://www1.eere.energy.gov/hydrogenandfuelcells/pdfs/solar_wind_for_hydrogen_dec2005.pdf. 

Contact 




(202) 586-0410 

28


1303: Clean Renewable Energy Bonds 

Agency 

U.S. Department of Energy (DOE), U.S. Department of the Treasury (Treasury), U.S. Internal Revenue 

Service (IRS) 

Action 

Provides qualified borrowers with a financing mechanism for clean renewable energy projects in the form 

of Clean Renewable Energy Bonds (CREBs) under a total authorized national volume cap of $800 million. 

A qualified borrower is defined as a mutual or cooperative electric company (as described in Section 54 of 

the Code), or a governmental body. Section 1303 applies to bonds issued after December 31, 2005. 

The following renewable energy projects qualify for CREBs: 

(1) wind facilities; 

(2) closed and open-loop biomass facilities; 

(3) geothermal or solar energy facilities; 

(4) small irrigation power facilities; 

(5) landfill gas facilities; 

(6) trash combustion facilities; 

(7) refined coal production facilities; and 

(8) qualified hydropower facilities, as defined in Section 45 of the Code. 

Deadline(s) 

Issue IRS regulations for CREBs: December 8, 2005. 

Status 

IRS issued Notice 2005-98 on December 11, 2005, which provided guidance on CREBs in connection with 

the allocation process for the original volume cap of $800 million. Final IRS regulations for CREBs have 

not yet been published in the Federal Register, and IRS officials are unsure when they will be. In 2006, the 

total amount of available CREBs increased from $800 million to $1.2 billion. IRS also extended the expiration 

date for the issuance of CREBs from December 31, 2007, to December 31, 2008. Source: IRS Notice 

2007-26 (guidance document), available at: http://www.irs.gov/pub/irs-tege/n-07-26a.pdf. 

To date, 610 projects have been approved for CREBs, consisting of 532 governmental projects and 78 electrical 

cooperative borrowers. Source: http://www.irs.gov/newsroom/article/0,,id=164423,00.html. 

Contact 

Zoran Stojanovic 

Office of the Chief Counsel (Tax Exempt and Government Entities) 

U.S. Internal Revenue Service 

(202) 622-3721 

29


1510: Commercial Byproducts from Municipal Solid Waste & 

Cellulosic Biomass Loan Guarantee Program 

Agency 


Action 

Establishes a loan guarantee program for the construction of facilities that process and convert municipal 

solid waste and cellulosic biomass into fuel ethanol and other commercial byproducts (e.g., biorefineries). 

Preference is given to loan proposals that either meet all federal and state permitting requirements, or are 

most likely to be successful based on location in markets that have limited land available for waste disposal, 

availability of sufficient quantities of cellulosic biomass, or a high level of demand for fuel ethanol or other 

commercial byproducts of the facility. 

Deadline(s) 

Establishment of program: unspecified date; 

Reports to Congress: annually, until each guaranteed loan is paid in full. 

Status 

DOE recently combined Section 1510’s loan guarantee program with EPAct’s Title XVII loan guarantee 

program. Source: DOE staff. Reports to Congress have not been submitted and are not past due to date 

because one year has not passed since DOE’s issuance of a loan for section 1510 projects. Source: http:// 

www.energy.gov/news/4827.htm. 

There is evidence that DOE plans to invest up to $385 million for six biorefinery projects over the next four 

years under the Innovative Technologies Loan Guarantee Program in Section 1703 of EPAct05. As of February 

28, 2007, negotiations between the selected companies and DOE were underway to determine final 

project plans and funding levels. Funding begins in FY 2008 and continues through FY 2010. 

Source: http://www.energy.gov/news/4827.htm. 

Contact 

Jacques Beaudry-Losique, Program Manager 

U.S. DOE, Biomass Program, Office of Energy Efficiency and Renewable Energy 

(202) 586-5188 

30


1703: Eligible Projects: Innovative Technologies Loan Guarantee Program 

Agency 


Action 

Requires DOE to establish a loan guarantee program for projects that avoid, reduce, or sequester air pollutants 

or anthropogenic emissions of greenhouse gases and employ new or significantly improved technologies, 

as compared to commercial technologies in service in the U.S. at the time the guarantee is issued. 

Examples of eligible projects include: renewable energy systems; advanced nuclear energy facilities; carbon 

capture and sequestration technologies; efficient electrical generation, transmission and distribution technologies; 

pollution control equipment; and oil refineries. 

DOE must also guarantee loans for the following types of gasification projects: integrated gasification 

combined cycle; industrial gasification; petroleum coke gasification; and coal-to-oil liquefaction. The loan 

guarantee program authorizes “such sums as are necessary.” 

Deadline(s) 

Establish loan guarantee program: unspecified date. 

Status 

DOE has not issued final regulations establishing the loan guarantee program to date. On June 20, 2007, 

DOE announced that it established a credit review board to make loan recommendations to the Secretary 

of Energy, named experts to work in the Loan Guarantee program office, and developed guidelines for the 

financial and technical review of loan guarantee applications. DOE also issued draft loan guarantee regulations 

on May 16, 2007, available at: http://www.lgprogram.energy.gov/. 

Under the FY 2007 Continuing Resolution, Congress provided DOE with the authority to issue loan guarantees 

for up to $4 billion. The Administration’s FY 2008 budget request seeks $9 billion in loan guarantee 

authority, though no EPAct05-related funds have been appropriated to date. Of the $9 billion, DOE seeks 

to guarantee approximately $4 billion in loans for central power generation facilities (such as nuclear facilities 

or carbon sequestration optimized coal power plants); $4 billion in loans for biofuels and clean transportation 

fuels; and $1 billion in loans for projects that use new technologies for electric transmission facilities or 

renewable power generation systems. Source: Testimony of Energy Secretary Samuel Bodman, U.S. Senate 

Committee on Energy and Natural Resources, February 7, 2007, available at: http://energy.senate.gov/public/_files/BodmanTestimony.pdf. 

Contact 

Lawrence R. Oliver, Assistant General Counsel for Fossil Energy and Energy Efficiency 

U.S. DOE, Office of the General Counsel 

(202) 586-4116 

31


1819: Hydrogen Participation Study 

Agency 


Action 

Requires DOE to submit a report that evaluates “methodologies to ensure the widest participation practicable 

in setting goals and milestones” for DOE’s hydrogen program. 

Deadline(s) 


Status 

The report to Congress was submitted on time (August 7, 2006), and is available at: 

http://www.hydrogen.energy.gov/pdfs/goal_setting_report_congress.pdf. 

Contact 




(202) 586-0410 

32


1833: Renewable Energy on Federal Land 

Agency 

U.S. Department of the Interior (DOI), National Academy of Science (NAS) 

Action 

Directs DOI to enter into a contract with NAS requiring NAS to study the potential of developing wind, 

solar, and ocean energy resources (including tidal, wave, and thermal energy) on all onshore and offshore 

federal lands. The study must include assessments of any federal laws or regulations relating to the development 

of renewable energy resources, and recommendations of statutory and regulatory mechanisms for the 

development of renewables. 

Deadline(s) 

Enter into contract with NAS for study: November 5, 2005; Submit report to Congress on results of study: 

August 8, 2007. 

Status 

DOI and NAS have not entered into a contract; no funds have been appropriated for the study to date. As 

a consequence, the August 8, 2007 deadline has not been met. DOI and NAS are currently discussing the 

scope and objectives of the study. Source: DOI official. 

However, other renewable energy studies (separate from the requirements of EPAct05 ) are complete 

or currently underway. On May 3, 2007, in a study sponsored by the Council on Environmental Quality, 

NAS released a report on the environmental impacts of wind-energy projects. This report can be found at 

http://www.nationalacademies.org/morenews/20070503.html. 

According to a Bureau of Land Management (BLM) representative, BLM completed a February 2003 renewable 

energy study for onshore Western U.S. federal lands in conjunction with DOE. The study is available 

at: http://www1.eere.energy.gov/femp/pdfs/33530.pdf. 

BLM also submitted a Programmatic Environmental Impact Statements (PEIS) for wind energy in 2005 and 

is currently developing a PEIS for geothermal energy. In March 2007, the Minerals Management Service 

(MMS) submitted a draft PEIS for offshore alternative energy sources on the Outer Continental Shelf. 

MMS expects to complete the PEIS and rulemaking process sometime between August and September 

2007. Source: http://ocsenergy.anl.gov/documents/dpeis/index.cfm. 

Contact(s) 

Dr. Abraham E. Haspel, Assistant Deputy Secretary 

U.S. Department of the Interior 

(202) 208-4201 

33 

$ X

ALTERNATIVE VEHICLES & FUELS 

706: Joint Flexible Fuel/Hybrid Vehicle Commercialization Initiative 

Agency 


Action 

Directs DOE to establish a program to improve technologies for the production of commercially-viable 

combination hybrid/flexible fuel and plug-in/flexible fuel vehicles. Authorizes a total of $40 million in 

grants ($3 million in FY2006, $7 million in FY2007, $10 million in FY2008, and $20 million in FY2009) and 

provides funding preferences to proposals that: 

(1) achieve the greatest reduction in miles per gallon of petroleum fuel consumption; 

(2) achieve a minimum of 250 miles per gallon of petroleum fuel consumption; and 

(3) have the greatest commercial potential within five years. 

Deadline(s) 

First annual report to Congress: April 27, 2006; Second report to Congress: April 27, 2007; Subsequent 

reports to Congress: annually. 

Status 

No funds have been appropriated or requested for Section 706 of EPAct05 to date. Due to these budget 

constraints, the program has not been created. DOE received a waiver from Congress for its April 27, 2006 

report to Congress, and does not expect to create any reports in the new future. 

Contact 

Ed Wall, Program Manager 

U.S. DOE, FreedomCAR and Vehicle Technologies Program, 


202-586-8055 

http://www1.eere.energy.gov/vehiclesandfuels/about/index.html 

34 

$ X

ALTERNATIVE VEHICLES & FUELS continued 

721: Pilot Program-Alternative Fuel/Fuel Cell Vehicles; 722: Reports to Congress 

Agency 

U.S. Department of Energy (DOE), U.S. Department of Transportation (DOT) 

Action 

Directs DOE to consult with DOT regarding the establishment of a pilot program that provides a maximum 

of 30 grants of $15 million each (with 50% cost sharing) to state and local governments or metropolitan 

transit authorities for the acquisition of alternative-fuel vehicles, hybrid vehicles, and fuel cell vehicles. 

The initiative is called “Clean Fleet” and is managed by DOE’s “Clean Cities” program. The Clean Fleet 

initiative allows for the purchase of ground support vehicles for airports, passenger vehicles, motorized 

2-wheel vehicles and ultra-low sulfur diesel vehicles. Grants may also be used for the installation or acquisition 

of necessary infrastructure to support, operate and maintain such vehicles. A total of $200 million is 

authorized for the program. 

Deadline(s) 

Report to Congress: due within 60 days of the date on which grants were awarded; 

Report to Congress evaluating the effectiveness of the pilot program: August 8, 2008. 

Status 

Funds have not been requested or appropriated for the Clean Fleet program to date. The report to Congress 

was waived and is no longer required due to these funding constraints. Source: DOE management. 

Additionally, the Clean Cities program, which manages DOE’s Clean Fleet program, received $4.3 million of 

funding for FY 2007, approximately one-half of what was received during fiscal years 2005 and 2006. 

Source: DOE Management. 

Contact 

Ed Wall, Program Manager, Clean Cities 

U.S. DOE, FreedomCAR & Vehicle Technologies Program, 


(202) 586-0410 

http://www.eere.energy.gov/fleetguide/index.html 

35 

$ X


731: Fuel Cell Transit Bus Demonstrations 

Agency 

U.S. Department of Energy (DOE), U.S. Department of Transportation (DOT) 

Action 

Directs DOE, in consultation with DOT, to establish a five-year transit bus demonstration program based 

upon competitive, merit-based awards for a maximum of 25 fuel cell transit buses (and necessary infrastructure) 

in five geographically dispersed localities. Authorizes $10 million for each of fiscal years 2006 through 

2010; preference is given to those projects most likely to mitigate congestion and improve air quality. 

Deadline(s) 

Transit bus demonstration projects expire five years from the date of the award. 

Status 

No funds have been appropriated for Section 731 to date. Despite the lack of funding, DOE personnel 

have moved forward on various other fuel cell demonstration projects (separate from the requirements of 

EPAct05), including several between public transit systems and DOE’s Hydrogen, Fuel Cells & Infrastructure 

Technologies program. Source: DOE management. Information regarding current fuel cell demonstration 

projects is available at: http://www1.eere.energy.gov/hydrogenandfuelcells/tech_validation/transportation_proj.html. 

Contact 




(202) 586-2480 

36 

$ X


743: Fuel Cell School Buses 

Agency 


Action 

Directs DOE to establish cooperative agreements with the private sector to develop cost-sharing fuel-cellpowered 

school buses and demonstration projects; authorizes $25 million for each of fiscal years 2006 

through 2009. DOE must submit a report to Congress that evaluates the process of converting natural gas 

infrastructure to accommodate fuel cell-powered school buses and assesses the results of the demonstration 

program. 

Deadline(s) 

Establish program: unspecified date; Report to Congress: August 8, 2008. 

Status 

No funds have been requested or appropriated for the program to date; the report to Congress will not be 

submitted. No funds have been specifically designated for EPAct05’s hydrogen and fuel cell technology 

programs to date. Source: DOE management. Funds for EPAct05’s hydrogen and fuel cell programs are 

provided through DOE’s Hydrogen Program budget, which totaled 274 million in FY 2007. The FY 2008 

budget request for the Hydrogen Program is 309 million. Source: DOE 2007 budget presentation; DOE 

management. 

According to DOE management, the U.S. Department of Transportation (DOT) has a similar fuel cell bus 

program (unrelated to EPAct05) currently underway, but neither DOT or DOE have a fuel cell school bus 

program. It is not economocally viable to initiate a fuel cell bus program at this time because cost differentials 

are too high. To avoid requesting additional funds and duplicating DOT’s efforts, DOE will not request 

funds for the program in the near future. Source: DOE management. 

Contact 


U.S. DOE, Hydrogen, Fuel Cells and Infrastructure Technologies Program 


(202) 586-2480 

37 

$ X


782: Federal and State Procurement of Fuel Cell Vehicles and 

Hydrogen Energy Systems 

Agency 


Action 

Directs the federal government to lease or purchase fuel cell vehicles and hydrogen energy systems no later than 

January 1, 2010. DOE must provide incremental cost funding and exemptions if the vehicles are not available 

or appropriate for federal fleet needs. 

DOE must also promulgate regulations that extend and augment energy savings goals for each federal agency 

from 2008 to 2010. Total authorizations for the program are: $15 million for FY 2008, $25 million for FY 

2009, $65 million for FY 2010, and “such sums as are necessary” for each of fiscal years 2011 through 2015. 

Deadline(s) 

Promulgate regulations regarding energy savings goals for federal agencies: December 31, 2006; Mandatory 

purchase or lease of fuel cell hydrogen vehicles: January 1, 2010; Review, evaluate, and promulgate new energy 

savings regulations for 2011 through 2015: December 31, 2010. 

Status 

DOE has neither requested nor received funds for the program and the program has not been created. DOE 

officials claim funding for the program, as well as the program itself, is not cost-effective because of the current 

high costs and technological hurdles associated with fuel cell vehicles. Source: DOE management. Funds for 

EPAct05’s hydrogen and fuel cell programs are provided through DOE’s Hydrogen Program budget, which totaled 

274 million in FY 2007. The FY 2008 budget request for the Hydrogen Program is 309 million. Source: 

DOE 2007 budget presentation; DOE management. 

DOE, however, is conducting learning demonstration projects to evaluate and further the advancement of 

hydrogen and fuel cell vehicles through the Hydrogen Program. DOE recently published a report, unrelated 

to EPAct 05’s requirements, that summarizes DOE’s progress with a five-year learning demonstration project. 

The purpose of the project is to validate vehicle/infrastructure systems that use hydrogen as a transportation 

fuel for light-duty vehicles. Source: http://www.hydrogen.energy.gov/news_learning_demo.html. 

Additionally, the Hydrogen and Fuel Cell Technical Advisory Committee was established under EPAct05 Section 

807 to advise the Secretary of Energy on Hydrogen and Fuel Cell Technology Matters. Source: DOE 

management; http://www.hydrogen.energy.gov/advisory_htac.html. Information regarding the Advisory Committee’s 

current activities is available at: http://www.hydrogen.energy.gov/htac_meetings.html. 

A list of federal activities pertaining to the development of hydrogen conversion and fuel cell technologies, 

both related and unrelated to EPAct05, is available at: http://www.hydrogen.gov/fed_Act_Topic4.htm. 

Contact 

JoAnn Milliken, Program Manager, U.S. DOE 

Hydrogen, Fuel Cells & Infrastructure Technologies Program, 


(202) 586-0410 

38 

$ X


783: Federal Procurement of Stationary, Portable, & Micro Fuel Cells 

Agency 

U.S. General Services Administration (GSA), U.S. Department of Energy (DOE) 

Action 

Requires any federal agency that uses electrical power from stationary, portable, or micro-portable devices to 

lease or purchase a stationary, portable, or micro-portable fuel cell to meet energy savings goals identified under 

Section 808 of EPAct05. DOE must pay the cost of leasing or purchasing fuel cells for federal agencies. Total 

authorizations for the program are $20 million for FY 2006, $50 million for FY 2007, $75 million for FY 2008, 

$100 million for FY 2009, $100 million for FY 2010, and “such sums as are necessary” for each of fiscal years 

2011 through 2015. 

Deadline(s) 

Mandatory purchase of fuel cells: January 1, 2006. 

Status 

DOE sent a delay letter to Congress on January 6, 2006 stating that funds were not available to implement the 

provisions of Section 783 by the EPAct deadline of January 1, 2006. DOE established a Hydrogen and Fuel 

Cell Interagency Task Force to identify applications for fuel cells in the Federal government and is working 

through the Task Force to begin implementing Section 783’s provisions. Accomplishments so far include the 

acquisition of about 100 fuel cell-powered forklifts by the Defense Logistics Agency for material handling applications. 

Source: DOE management. 

Funds for EPAct05’s hydrogen and fuel cell programs are provided through DOE’s Hydrogen Program budget, 

which totaled 274 million in FY 2007. The FY 2008 budget request for the Hydrogen Program is 309 million. 

Source: DOE 2007 budget presentation; DOE management. 

Additionally, the Hydrogen and Fuel Cell Technical Advisory Committee was established under EPAct05 Section 

807 to advise the Secretary of Energy on Hydrogen and Fuel Cell Technology Matters. Source: DOE 

management; http://www.hydrogen.energy.gov/advisory_htac.html. Information regarding the Advisory Committee’s 

current activities is available at: http://www.hydrogen.energy.gov/htac_meetings.html. Battelle, a DOE 

contractor, is currently conducting market opportunity assessments to evaluate the potential development and 

deployment of fuel cell systems throughout federal agencies in a study related to Section 783 of EPAct05. A 

status report of the Battelle study, dated July 19, 2006, is available at: 

http://www1.eere.energy.gov/femp/pdfs/fiemtf_0706.pdf. 

Contact 


U.S. DOE, Hydrogen, Fuel Cells & Infrastructure Technologies Program 


(202) 586-2480 

39 

$


1341: Alternative Motor Vehicle Credit 

Agency 

U.S. Department of the Treasury (Treasury), Internal Revenue Service (IRS) 

Action 

Provides tax credits for the purchase of fuel cell, advanced lean burn, hybrid, and alternative fuel motor 

vehicles. For fuel cell vehicles, the tax credit is determined by weight and fuel efficiency increases. For lean 

burn vehicles, the tax credit is determined by fuel economy and lifetime fuel savings. 

For hybrid vehicles, the tax credit is based on fuel economy, lifetime fuel savings, and the percentage increase 

in initial cost of the hybrid vehicle over a comparable vehicle (based on total fuel economy achieved). 

For alternative fuel vehicles, the tax credit is determined by a percentage (50 -80%) of the incremental cost 

of an alternative fuel vehicle over the same model that uses gasoline or diesel from the same manufacturer. 

Deadline(s) 

Promulgate regulations: unspecified date. 

Status 

On January 13, 2006, IRS and Treasury published interim guidance regarding the process that hybrid manufacturers 

can use to certify the amount of credit the purchaser of a hybrid or lean burn vehicle can claim 

as a tax credit. IRS has not published a final rule to date. Source: IRS Notice 2006-09, available at: http:// 

www.irs.gov/newsroom/article/0,,id=153172,00.html. 

Contact 

Nicole R. Cimino, Attorney 

Office of Associate Chief Counsel (Passthroughs and Special Industries) 

(202) 622-3120 

40


1342: Credit for Installation of Alternative Fueling Stations 

Agency 

U.S. Department of Energy (DOE), Internal Revenue Service (IRS) 

Action 

Provides a 30% tax credit (equal to 30% of the cost of the fueling station) for the costs of installing cleanfuel 

vehicle property at the taxpayer’s place of business or principal residence. An alternative fueling station 

is defined as one that dispenses at least 85% (by volume) one or more of the following fuels: ethanol, natural 

gas, compressed natural gas, liquefied natural gas, liquefied petroleum gas, or hydrogen, or any mixture 

of biodiesel and diesel fuel that contains at least 20% biodiesel. 

Deadline(s) 

Promulgate regulations: unspecified date. 

Status 

In May 2006, IRS published Form 8911, which provides a mechanism to claim the infrastructure tax credit. 

Owners who install qualified refueling property on multiple sites can utilize the credit for each property. 

The instructions, available at http://www.irs.gov/pub/irs-pdf/f8911.pdf, define a qualified property and the 

value of the credit. 

Contact 

The Chamber was unable to identify a federal agency contact for Section 1342. 

41


1501: Renewable Content of Gasoline 

Agency 

U.S. Environmental Protection Agency (EPA), U.S. Department of Energy (DOE) 

Action 

Amends Section 211 of the Clean Air Act and establishes a Renewable Fuels Standard (RFS) of 7.5 billion 

gallons by 2012. EPA must conduct a survey to determine market shares of conventional and reformulated 

gasoline containing renewable fuels and report the survey results to Congress annually. Of the 7.5-billiongallon 

RFS, 250 million gallons of renewable fuel must be derived from cellulosic ethanol by 2013 and each 

calendar year thereafter. EPA and DOE have discretion to adjust the RFS beyond 7.5 billion gallons after 

2012. 

EPA must also promulgate regulations to ensure that gasoline contains the applicable volume of renewable 

fuel (as determined by EPAct05 ). The regulations are required to provide for the generation of an appropriate 

amount of credits for biodiesel, small refineries, and any person that refines, blends, or imports 

gasoline that exceeds renewable fuel requirements mandated under Section 1501(2)(B) of EPAct05. 

Deadline(s) 

Promulgate regulations: August 8, 2006; Survey of renewable fuels market: December 1, 2006, and annually 

thereafter. 

Status 

On May 1, 2007, almost eight months past the deadline, EPA published a final rule for the RFS program in 

the Federal Register. Source: 40 C.F.R. § 80 (2007), available at: http://www.epa.gov/otaq/renewablefuels/ 

rfs-finalrule.pdf. 

In January 2007, President Bush, as part of his “Twenty in Ten” plan, announced an RFS proposal of 35 

billion gallons by 2017. This proposal builds upon the RFS from EPAct05. Source: http://www.whitehouse.gov/stateoftheunion/2007/initiatives/energy.html. 

Contact 

Sarah Dunham 

Director, Transportation and Climate Division 

U.S. EPA, Office of Transportation and Air Quality 

(202) 564-9087 

42


1823: Alternative Fuels Report 

Agency 


Action 

Directs DOE to submit two separate reports to Congress regarding the potential for biodiesel and hythane 

fuels to become large-scale sustainable alternative fuels. The reports must: 

(1) assess the potential markets of biodiesel and hythane; 

(2) identify activities necessary for the commercialization of the fuels; 

(3) assess any potential barriers or impediments to the commercialization of the fuels; and 

(4) assess the infrastructure needed to produce, blend, store and distribute the fuels. 

Deadline(s) 

Submit biodiesel and hythane reports to Congress: August 8, 2006. 

Status 

Both reports are more than one year overdue, and undergoing an internal review process to date. DOE 

expects to release the reports sometime between August and September 2007. Source: DOE management. 

Contact 


U.S. DOE, Office of the FreedomCAR and Vehicle Technologies Program, 


(202) 586-0410 

http://www1.eere.energy.gov/vehiclesandfuels/ 

43

DEPARTMENT OF ENERGY 


1001: Improved Technology Transfer of Energy Technologies 

Agency 


Action 

Directs the Secretary of Energy to appoint a Technology Transfer Coordinator (the Coordinator), the principal 

advisor to the Secretary on all matters relating to technology transfer and commercialization activities 

performed by DOE National Laboratories, single-purpose research facilities, and other DOE-authorized 

technology transfer facilities. The Coordinator is the director of the Technology Transfer Working Group, 

which the Secretary is directed to establish under EPAct05 . 

Section 1001 also directs the Secretary of Energy to establish a Technology Commercialization Fund, which 

is to be used for “matching funds with private partners to promote promising energy technologies for commercial 

purposes.” DOE must submit a technology transfer execution plan to Congress and provide annual 

updates. 

Deadline(s) 

Submit first report to Congress: no later than February 8, 2006; Annual reports to Congress: no later than 

February 8th of each year. 

Status 

The initial report to Congress has not been submitted; DOE requested a deadline extension with an unknown 

completion date. On June 28, 2007, the Secretary of Energy appointed DOE’s Under Secretary 

for Science, Dr. Raymond L. Orbach, as its Technology Transfer Coordinator. The Secretary of Energy 

also appointed the Coordinator to chair a newly-created “Technology Transfer Board,” designed to assist in 

coordinating and implementing policies for DOE’s technology transfer activities. Source: http://www.doe. 

gov/news/5191.htm. 

The Technology Commercialization Fund established by Section 1001 has not been created or funded to 

date. 

Contact 

Christopher Yetter, Policy Advisor 

U.S. DOE, Office of the Under Secretary for Science 

(202) 586-8693 

44 

$ X

DEPARTMENT OF ENERGY continued 


1002: Technology Infrastructure Program 

Agency 


Action 

Directs the Secretary of Energy to establish a technology infrastructure program that supports projects between 

National Laboratories, single-purpose research facilities, institutions of higher education, technologyrelated 

business concerns, nonprofit institutions and agencies of state, tribal or local governments. Preference 

is given to those National Laboratory or single-purpose research facility-managed projects that have 

the potential to promote the commercial development of sustainable technology clusters or the commercial 

use of technological innovations. 

Section 1002 also authorizes $10 million annually for fiscal years 2006 through 2010. The costs of carrying 

out projects are shared, and federal funds are not available for projects that last more than five years. A 

report to Congress on whether the program should be continued, and, if so, how it should be managed, is 

due no later than July 1, 2008. 

Deadline(s) 

Establish program: unspecified date; Report to Congress: July 1, 2008. 

Status 

The program has not been created or funded to date. DOE is attempting to duplicate the requirements 

of Section 1002 through the creation of partnerships with its National Renewable Energy Laboratories 

(NREL). DOE’s Office of Laboratory Policy expects to submit a report to Congress (describing their efforts 

to duplicate section 1002’s mandates) by the due date of July 1, 2008. 

Contact 

Devon Streit, Associate Director 

U.S. DOE, Office of Laboratory Policy 

(202) 586-9129 

45 

$ X

DEPARTMENT OF ENERGY continued 


1010: University Collaboration 

Agency 


Action 

Requires DOE to transmit a report to Congress regarding the feasibility of promoting collaborations between 

major universities on energy grants, contracts and cooperative agreements. DOE must provide incentives 

to increase the inclusion of small institutions of higher education (including minority-serving institutions) 

in energy grants, contracts, and cooperative agreements. 

Deadline(s) 


Status 

The August 8, 2007 report to Congress is past due. DOE submitted a delay letter notifying Congress of 

the past due status of the report; DOE expects to submit Section 1010’s report to Congress by 

September 14, 2007. 

Contact 

Kevin Shaw, Program Analyst 

U.S. DOE, Office of Science 

(202) 586-5068 

46

FUEL EMISSIONS REDUCTION & EFFICIENCY 

741: Clean School Bus Program 

Agency 

U.S. Environmental Protection Agency (EPA) 

Action 

Authorizes EPA to administer a program that awards competitive grants for the replacement or retrofitting 

of certain diesel school buses to achieve emissions reductions. Eligible applicants are school districts, state 

and local government programs, federally recognized Indian tribes, and non-profit organizations. A total of 

$55 million is authorized for each of fiscal years 2006 and 2007, and “such sums as are necessary” for each 

of fiscal years 2008, 2009, and 2010. 

Deadline(s) 

Report to Congress: Annually, no later than January 31 of each year. 

Status 

No EPAct-related funds have been requested or received for Section 741 since the enactment of EPAct05. 

As a result, no reports to Congress have been created. 

Title VII, subtitle G of EPAct05 created a national program known as the Diesel Emissions Reduction Act 

(DERA) to fund diesel emissions reduction programs (including diesel programs created under EPAct05). 

EPA requested funds for DERA programs in FY 2007 but no funds were appropriated to implement 

DERA’s programs. EPA also requested $50 million in funds for DERA-related programs in FY 2008. The 

House and Senate recently approved appropriations bills to fund FY 2008 DERA programs, but the funds 

have not been appropriated to date. Source: EPA management. 

EPA established a Clean School Bus Program prior to EPAct05’s enactment. Congress appropriated $7 million 

for this program in FY 2006 and FY 2007. The grants are distributed through EPA’s regional network, 

whereby EPA regional offices issue their own Requests for Applications (RFAs). The regional RFAs are 

posted on EPA’s web site and are available at: http://www.epa.gov/cleanschoolbus/funding.htm. 

Contact 

Jim Blubaugh, Program Manager 


(202) 343-9224 

47 

$ X

FUEL EMISSIONS REDUCTION & EFFICIENCY continued 

742: Diesel Truck Retrofit and Fleet Modernization Program 

Agency 

U.S. Environmental Protection Agency (EPA), U.S. Department of Energy (DOE) 

Action 

Authorizes EPA, in consultation with DOE, to administer a competitive grant program for modernizing 

truck fleets and retrofitting diesel trucks. Grants are awarded with preference to state or local governments 

that allocate funds for major hauling operations, particularly at ports. Trucks that are replaced must be 

model year 1998 or older. Authorizations include $20 million for FY 2006, $35 million for FY 2007, $45 

million for FY 2008, and “such sums as are necessary” for fiscal years 2009-2010. 

Deadline(s) 

Publish verification of grant procedures in Federal Register: November 5, 2005. 

Status 

The grant procedures have not been published in the Federal Register to date. The Chamber submitted a 

FOIA request on August 9, 2007, to learn more about the status of the regulations. 

Funding for the diesel emissions reductions program continues to be provided under programs created prior 

to EPAct05, such as the Congestion Mitigation and Air Quality (CMAQ) Improvement Program. Through 

these programs, EPA made available approximately $1.4 million in grants for clean diesel projects in 2007 

and approximately $6.5 million in grants in 2006. Source: http://www.epa.gov/otaq/diesel/grantfund.htm. 

Title VII, subtitle G of EPAct05 created a national program known as the Diesel Emissions Reduction Act 

(DERA) to fund diesel emissions reduction programs (including diesel programs created under EPAct05). 

EPA requested funds for DERA programs in FY 2007 but no funds were appropriated to implement 

DERA’s programs. EPA also requested $50 million in funds for DERA-related programs in FY 2008. The 

House and Senate recently approved appropriations bills to fund FY 2008 DERA programs, but the funds 

have not been appropriated to date. Source: EPA management. 

Contact 

Sarah Dunham 

Director, Transportation and Climate Division 


(202) 564-9087 

48 

$ ?


751: Railroad Efficiency 

Agency 

Interagency: U.S. Department of Energy (DOE), U.S. Department of Transportation (DOT), Environmental 

Protection Agency (EPA) 

Action 

Directs DOE, in cooperation with DOT and EPA, to establish cost-shared public-private research partnerships 

to develop and demonstrate fuel-efficient, emissions-reducing locomotive technologies that lower 

operating costs. Total authorizations for the program are $15 million for FY 2006, $20 million for FY 2007, 

and $30 million for FY 2008. 

Deadline(s) 

Establish public-private partnerships: unspecified date. 

Status 

According to DOE management, Section 751 of EPAct05 did not receive any funding during FY 2007 

because the program is complete. Partnerships to develop more efficient locomotive technologies were 

created with Electromotors, Inc. and General Electric. As a result of DOE’s partnerships, GE displayed for 

sale a fuel-efficient, emissions-reducing locomotive on May 24, 2007. Source: DOE management. 

Additionally, information regarding EPA’s air regulations and guidance for locomotives (unrelated to EPAct’s 

requirements) is available at: http://www.epa.gov/otaq/locomotv.htm. 

Contact 


U.S. DOE, Office of FreedomCAR and Vehicle Technologies Program 

(202) 586-0410 

49


753: Aviation Fuel Conservation and Emissions 

Agency 

Federal Aviation Administration (FAA), U.S. Environmental Protection Agency (EPA) 

Action 

Directs the FAA and EPA to initiate a study that analyzes: 

(1) the impact of aircraft emissions on air quality in non-attainment areas; 

(2) methods to promote fuel conservation measures for aircraft to enhance fuel efficiency and 

reduce emissions; and 

(3) opportunities to reduce air traffic inefficiencies that increase fuel burn and emissions. 

Deadline(s) 

Initiate study: October 8, 2005; Report to Congress on study: no later than October 8, 2006. 

Status 

No EPAct-related funds have been received for the study to date. The report to Congress is past due; FAA 

and EPA are jointly working on the study and expect to submit the report to Congress before August 2008. 

Source: EPA staff/management. 

Recent research indicates that Abt Associates, a research and consulting firm, is assisting EPA and FAA with 

the report to Congress. Source: http://www.abtassociates.com/. 

Contact 

Kenneth Davidson 


(202) 343-9988 

50 

$


754: Diesel Fueled Vehicles 

Agency 


Action 

Directs DOE to accelerate efforts to improve diesel combustion and after-treatment technologies for use in 

diesel-fueled motor vehicles. By 2010, DOE must develop and demonstrate diesel technologies that meet 

EPA’s Tier 2 emissions standards and heavy-duty vehicle emissions standards of 2007. 

Deadline(s) 

Develop and deploy new diesel technology: No later than 2010. 

Status 

Funds have not been appropriated for the program to date. According to DOE management, a technology 

improvement program for diesel-fueled motor vehicles was in place before EPAct05’s enactment. 

The Clean Cities program, part of DOE’s Office of FreedomCAR and Vehicle Technologies program, currently 

coordinates diesel combustion and after-treatment technologies research and development activity 

through DOE’s National Renewable Energy Laboratory (NREL). 

Contact 



(202) 586-0410 

51 

$


757: Biodiesel Engine Testing Program 

Agency 


Action 

Directs DOE to work with engine and fuel injection manufacturers to test biodiesel in advanced diesel fuel 

engines, determine impacts of different biodiesel blendstocks, and study the emissions and warranty impacts 

of different blendstocks. The program authorizes $5 million for each of fiscal years 2006-2010. 

Deadline(s) 

Initiate partnerships: no later than February 8, 2006; Interim report to Congress: August 8, 2007. 

Status 

Funds have not been appropriated for the program to date. The report is past due; DOE expects to submit 

the report to Congress by the end of 2007. DOE is funding significant parts of Section 757 through 

DOE’s National Renewable Energy Laboratory and partnering with the National Biodiesel Board and six 

engine and fuel injection manufacturers to date. Source: DOE management; Clean Cities program and 

biodiesel activities website, available at: http://www.eere.energy.gov/cleancities/blends/biodiesel.html. 

Contact 

Kevin Stork, Team Leader 


(202) 586-8306 

52 

$


773: Study of Feasibility and Effects of Reducing Use of Fuel for Automobiles 

Agency 

National Highway Traffic Safety Administration (NHTSA) 

Action 

Requires the Administrator of NHTSA to conduct a study regarding the feasibility and effects of reducing 

(by a significant percentage) the amount of fuel consumed by automobiles by model year 2014. The study 

shall consider alternatives to the policy under federal law, and the extent to which potential fuel cell technologies 

could contribute to achieving the reduction in automobile fuel consumption. NHTSA must also 

submit a report to Congress that details the findings, conclusions, and recommendations of the study. 

Deadline(s) 

Initiate study: September 7, 2005; Submit report to Congress: August 8, 2006. 

Status 

The report to Congress was submitted by NHTSA on time in August 2006 and is available at 

http://www.nhtsa.gov/. 

Contact 

Stephen R. Kratzke, Associate Administrator for Rulemaking 

National Highway Traffic Safety Administration 

(202) 366-1810 

53

FOSSIL FUELS 


369: Oil Shale, Tar Sands & Other Strategic Unconventional Fuels 

Agency 

U.S. Department of the Interior (DOI), Bureau of Land Management (BLM) 

Action 

Provides for the recovery of liquid fuels from oil shale and tar sands resources in BLM administered lands 

located in Colorado, Utah and Wyoming. Before developing oil shale and tar sands resources, DOI must 

submit a final programmatic environmental impact statement (PEIS) and Record of Decision (ROD) identifying 

potential areas for the development of oil shale and tar sands resources. 

DOI must also consult with each applicable state, locality, Indian tribe and other interested persons to determine 

the level of support for developing the resources. If sufficient support and interest exists, DOI may 

conduct a lease sale under the commercial leasing program regulations. Evidence of interest in a lease sale 

may include appropriate areas that potential lessees and other interested parties have nominated. 

Deadline(s) 

Initial status report to Congress: November 8, 2005; Draft PEIS: December 8, 2006; Final PEIS: June 8, 

2007; Record of Decision: TBD; Final regulations for the program: not more than six months after the final 

PEIS; Commencement of commercial leasing program consultation activities: not more than 180 days after 

publication of the final PEIS. 

Status 

The initial status report to Congress was submitted nearly one month late (on December 6, 2005) and the 

draft PEIS is expected to be completed during late summer 2007, roughly eight months past the deadline set 

by EPAct05. No expected delivery date has been set for the final PEIS, which is already past due to date. 

Source: Statement of Dr. Abraham Haspel before the House Natural Resources Committee Subcommittee 

on Energy and Mineral Resources, April 17, 2007. Information regarding the current status of the PEIS is 

available at: http://ostseis.anl.gov/index.cfm. 

As of June 28, 2007, DOI has issued leases for six oil shale research, development and demonstration 

(RD&D) projects (pursuant to Section 369(c) of EPAct05 ) in Utah and Colorado. Source: http://www. 

blm.gov/wo/st/en/prog/energy/epca_chart.html. Portions of Section 369 are under threat of repeal by 

Section 7103 of H.R. 3221, the energy package passed by the House on August 4, 2007. 

Contact 

Dr. Abraham E. Haspel, Assistant Deputy Secretary 

U.S. Department of the Interior 

(202) 208-4201 

54

FOSSIL FUELS continued 


963: Carbon Capture Research and Development Program 

Agency 


Action 

Requires DOE to carry out a 10-year carbon capture research and development (R&D) program to develop 

CO2 capture technologies on combustion-based systems for use in new coal-utilization facilities and fleets 

of preexisting coal-based units. Section 963 authorizes $25 million for FY 2006, $30 million for FY 2007, 

and $35 million for FY 2008. 

Deadline(s) 

Commence research program: unspecified date. 

Status 

The program is managed by DOE’s Office of Fossil Energy Carbon Sequestration Program, which plans on 

concentrating its FY 2008 $79 million budget request on R&D projects for CO2 capture and storage, as well 

as measurement, monitoring and verification technologies and processes. Funds were not appropriated for 

FY 2006 or 2007. In coordination with the current R&D partnerships, the program will determine the most 

promising opportunities for an initial round of large-scale sequestration tests in saline, coal, and/or oil and 

gas bearing formations. 

The program is also currently working on the Weyburn project, where CO2 is being injected into a producing 

oilfield. Source: Testimony of Thomas D. Shope before the House Science & Technology Committee, 

March 7, 2007. Information regarding DOE’s carbon capture R&D program is available at: http://www. 

fossil.energy.gov/programs/sequestration/capture/index.html. 

Contact 

Thomas Shope, Principal Deputy Assistant Secretary for Fossil Energy 

U.S. DOE, Office of Fossil Energy 

(202) 586-6660 

55 

$



967: Complex Well Technology Testing Facility 

Agency 


Action 

Directs DOE, in coordination with industry leaders of extended research drilling technologies, to establish 

a Complex Well Technology Testing Facility at the Rocky Mountain Oilfield Testing Center (RMOTC). The 

purpose of the facility is to research and increase the range of extended drilling technologies. 

Deadline(s) 

Build testing facility: unspecified date. 

Status 

Pursuant to its obligations under Section 967 of EPAct05, RMOTC, located near Casper, WY, announced in 

early 2006 an expansion of its testing capabilities through a new drilling rig built by Crown Energy. 

Information regarding the RMOTC is available at: http://www.rmotc.doe.gov/Pdfs/TechPres_RotSteerable7.pdf. 

Contact 

Thomas Shope, Principal Deputy Assistant Secretary for Fossil Energy 

U.S. DOE, Office of Fossil Energy 

(202) 586-6660 

56



968: Methane Hydrate Research 

Agency 

Interagency: U.S. Department of Energy (DOE), U.S. Department of Commerce (DOC), U.S. Department 

of Defense (DOD), U.S. Department of the Interior (DOI), National Science Foundation (NSF) 

Action 

Amends the Methane Hydrate Research and Development Act of 2000 and directs DOE, in consultation 

with DOC, DOD, DOI, and NSF, to establish a methane hydrate research and development program. Provides 

DOE with authority to award grants and enter into contracts or cooperative agreements with universities, 

oceanographic institutions, and industrial enterprises for the purposes of conducting research to 

identify, explore, assess, and develop methane hydrate as a commercially viable source of energy. 

DOE must also establish a Methane Hydrates Advisory Panel and submit a report to Congress assessing the 

methane hydrate research program. Further, DOE must submit an annual report to Congress that details 

the results of actions taken to carry out the Act and shall offer to enter into an agreement with the National 

Research Council (NRC) to carry out an assessment study of the program. 

Deadline(s) 

Establish program: November 8, 2006; Annual Report to Congress: beginning August 8, 2006; Methane 

Hydrate Advisory Panel Report to Congress: August 8, 2007; NRC report to Congress: September 30, 2009. 

Status 

The Methane Hydrate Research Program is managed by DOE’s Office of Fossil Energy. Current annual 

funding for the program is approximately $9 million. 

In March 2007, members of the Methane Hydrate Advisory Panel met with the Office of Management and 

Budget (OMB), the Secretary of Energy, and U.S. House of Representatives Appropriations Committee staff 

members to “clearly convey why government involvement was essential to the success of the program.” 

Source: Methane Hydrate Advisory Committee (MHAC) Meeting Minutes, April 24-25, 2007, available at: 

http://www.fossil.energy.gov/programs/oilgas/hydrates/Methane_Hydrates_Advisory_Committee.html. 

The report to Congress was submitted in July 2006 by the Methane Hydrate Advisory Panel. An assessment 

of the program, entitled the “Interagency Roadmap for Methane Hydrate Research and Development,” is 

available at: http://www.fossil.energy.gov/programs/oilgas/publications/methane_hydrates/Interagency_ 

Plan_12-19-06.pdf. DOE submitted the next report to Congress two months early, in June 2007. 

Source: DOE management. 

Contact 

Guido DeHoratiis, Director 

U.S. DOE, Office of Oil and Gas Resource Conservation, 

Office of Fossil Energy 

(202) 586-7296 

57

CLEAN ENERGY TECHNOLOGIES 

1306: Advanced Nuclear Power Facilities Production Credit 

Agency 

U.S. Department of the Treasury (Treasury), Internal Revenue Service (IRS) 

Action 

Extends the production tax credit (PTC) of 1.8 cents per kilowatt hour (kWh) (not adjusted for inflation) to 

any nuclear power plant with a “new” design that has a construction start date before January 1, 2014, and 

enters commercial operation by January 1, 2021. The owner of an eligible plant can reduce its tax liability 

by up to 1.8 cents for each kWh, equal to the product of 1.8 cents, multiplied by the kWh hours of electricity 

produced and sold during the 8 years after the facility has been placed in service. Note that there are 

additional limitations on the amount of tax credits a utility can receive. 

Deadline(s) 

Notice of regulation to implement credit: February 8, 2006. 

Status 

The February 8, 2006 deadline was not met. On May 1, 2006, IRS issued interim guidance to implement 

the PTC under Section 1306 of EPAct05. The guidance, entitled “Credit for Production from Advanced 

Nuclear Facilities,” is available at: http://www.irs.gov/irb/2006-18_IRB/ar07.html. A final rule has not 

been published to date. 

In response to Section 1306 and other EPAct05 provisions, the NRC is preparing to receive up to 25 Combined 

Construction and Operating License applications, which are expected to be filed in late 2007. Source: 

The Energy Policy Act of 2005 Anniversary Report, available at: http://energy.senate.gov/public/. 

Contact 

Douglas H. Kim, Attorney 

IRS, Office of Associate Chief Counsel 

(202) 622-3110 

58

CLEAN ENERGY TECHNOLOGIES continued 

1307: Credit for Investment in Clean Coal Technologies 

Agency 

U.S. Department of Energy (DOE), U.S. Department of the Treasury (Treasury), 

Internal Revenue Service (IRS) 

Action 

Creates an investment tax credit program for qualifying advanced clean coal projects that produce electricity. 

The total aggregate credits may not exceed $1.3 billion, of which $800 million is authorized for integrated 

gasification combined cycle (IGCC) projects and $500 million for projects that use other advanced coalbased 

generation technologies. The gasification credit for any taxable year is equal to a 20% tax credit for 

industrial gasification or IGCC and a 15% tax credit on other advanced coal-based generation technologies. 

The amount eligible for credit is limited to $650 million per project. Section 1307 also includes an additional 

$350 million for projects that support activities other than electricity generation under the qualifying 

gasification project program. 

Deadline(s) 

Establish qualifying coal-based program: February 8, 2006; 

Establish qualifying gasification project program: February 8, 2006. 

Status 

On March 13, 2006, one month past the deadline, IRS published Notice 2006-24, which provides guidance 

on the qualifying advanced coal project program. Source: http://www.irs.gov/irb/2006-11_IRB/ar09.html. 

On March 13, 2006, also one month past the deadline, IRS published Notice 2006-25, which provides guidance 

on the qualifying gasification project program. Source: http://www.irs.gov/pub/irs-drop/n-06-25.pdf. 

On November 30, 2006, IRS announced the allocation of nearly $1 billion in tax credits for nine planned 

clean coal projects. Approximately $650 million in additional tax credits will be allocated to clean coal projects 

in 2007. The application period for the 2007 allocation is open until October 1, 2007. Source: http:// 

www.irs.gov/newsroom/article/0,,id=164595,00.html. 

Contact 

Douglas H. Kim, Attorney 

IRS, Office of Associate Chief Counsel 

(202) 622-3110 

59

CLIMATE CHANGE 


1601: Greenhouse Gas Intensity Reducing Strategies: 

(c) National Climate Change Technology Policy 

Agency 


Action 

Requires DOE’s Committee on Climate Change Technology to submit to DOE and the President a national 

strategy that promotes the deployment and commercialization of greenhouse gas intensity reducing technologies 

and practices. The national strategy must be updated every five years. 

Deadline(s) 

Submit report: February 8, 2007. Updates required every five years thereafter. 

Status 

The initial report is past due; DOE plans to release a comprehensive report satisfying this and other obligations 

under Sections 1601 and 1611 of EPAct05 by February 2008. 

A similar report, not performed under the purview of EPAct05, was released in November 2006 - the U.S. 

Climate Change Technology Program’s (CCTP) “Strategic Plan.” It is available at: http://www.climatetechnology.gov/stratplan/final/index.htm. 

Contact 

Stephen D. Eule, Director 

U.S. DOE, Office of the Assistant Secretary for Policy and International Affairs, 

Office of Climate Change Policy 

(202) 586-2731 

http://www.climatetechnology.gov/ 

60

CLIMATE CHANGE continued 



(d) Climate Change Technology Program 

Agency 


Action 

Requires DOE to establish a climate change technology program to assist in the interagency coordination 

of climate change technology research, development, demonstration, and deployment to reduce greenhouse 

gas intensity and to assist in other programs established in the Climate Change Section (Title XVI) of 

EPAct05 . 

Deadline(s) 

Establish program: August 3, 2006. 

Status 

The deadline to establish this program is irrelevant because the program was created prior to EPAct. The 

U.S. Climate Change Technology Program (CCTP) was initiated on June 21, 2001, as part of President 

Bush’s National Climate Change Technology Initiative (NCCTI), and later codified by EPAct05. Source: 

Testimony of Stephen D. Eule before the Subcommittee on Energy, Committee on Science, U.S. House of 

Representatives, September 20, 2006, available at: http://www.climatetechnology.gov/library/2006/testimony20sep2006.htm. 

Contact 




(202) 586-2731 


61




(e) Inventory 

Agency 


Action 

Conduct an inventory and evaluation of greenhouse gas intensity reducing technologies that have been developed 

or are currently under development and submit a report to Congress. 

Deadline(s) 

Conduct inventory: unspecified date; Report to Congress: 180 days after completion of the inventory. 

Status 

DOE plans to release a comprehensive report satisfying this and other obligations under Sections 1601 and 

1611 of EPAct05 by February 2008. 

Contact 




(202) 586-2731 


62




(f) Advisory Committee 

Agency 


Action 

DOE may establish a Climate Change Technology Advisory Committee (Advisory Committee) of stakeholders 

to identify barriers to the commercialization and deployment of greenhouse gas intensity reduction 

technologies, and to provide Congress with recommendations on how to overcome those barriers. 

Deadline(s) 

Establish Advisory Committee: unspecified date; Reports to Congress: annually, beginning August 8, 2006. 

Status 

According to a DOE official, the Advisory Committee has not been established, and no funds have been 

appropriated for the Advisory Committee to date. However, DOE plans to release a comprehensive report 

to satisfy the Advisory Committee’s obligations under Section 1601(f), as well as other obligations under 

Sections 1601 and 1611, by February 2008. Source: DOE official. 

Contact 




(202) 586-2731 


63 

$




(g) Deployment 

Agency 


Action 

Based on the strategy and reports developed in Title XVI of EPAct05, the Committee on Climate Change 

Technology must develop recommendations that provide for the removal of domestic barriers to the 

commercialization and deployment of greenhouse gas intensity reducing technologies and practices. The 

Committee may recommend demonstration projects and shall include the recommendations in a report to 

Congress. 

Deadline(s) 

Submit report to Congress: February 8, 2006; Provide updates: every five years, or whenever the Committee 

deems necessary. 

Status 

According to a DOE official, the department does not need to release a report for Section 1601(g) of 

EPAct05 because the report is discretionary and not required. However, DOE plans to release a comprehensive 

report to satisfy this and other obligations under Sections 1601 and 1611 by February 2008. 

Source: DOE official. 

Contact 




(202) 586-2731 


64




(h) Standards 

Agency 

U.S. Department of Energy (DOE), National Institute of Standards and Technology (NIST) 

Action 

DOE, in collaboration with NIST, must develop standards and best practices for calculating, monitoring, 

and analyzing greenhouse gas intensity. DOE shall, subject to the availability of appropriations, support 

relevant cost-sharing demonstration projects. 

Deadline(s) 

Publish standards: unspecified date. 

Status 

According to a DOE official, standards have not been developed with NIST. DOE does not expect to develop 

the standards because they are developed through other means. 

Contact 




(202) 586-2731 


65 

X



1611: Climate Change Technology Deployment in Developing Countries: 

Reduction of Greenhouse Gas Intensity; Initial Report 

Agency 

Interagency: U.S. Department of State (DOS), U.S. Agency for International Development (USAID) 

Action 

DOS shall act as the lead agency for integrating into U.S. foreign policy the goal of reducing greenhouse gas 

intensity in developing countries. DOS must submit two detailed reports to Congress regarding the identification 

and energy use evaluations of the 25 largest greenhouse gas-emitting countries. 

Deadline(s) 

Initial report to Congress: February 8, 2006; Updated report to Congress: no later than 18 months after 

submission of the initial report. 

Status 

A report, entitled “Report to Congress on Developing Country Emissions of Greenhouse Gases and 

Climate Change Technology Deployment,” was completed in September 2006, roughly seven months past 

the deadline. DOS expects to submit an updated report to Congress by the end of August 2007. 

Source: DOS staff. 

Contact 

Teresa Hobgood, Senior Policy Advisor for Legislative Affairs 

U.S. Department of State, Bureau of Oceans and International Environmental and Scientific Affairs 

(202) 647-3550 

http://www.state.gov/g/oes/ 

66




Technology Inventory for Developing Countries 

Agency 

Interagency: U.S. Department of Energy (DOE), U.S. Department of State (DOS), U.S. Department of 

Commerce (DOC) 

Action 

DOE, in coordination with DOS and DOC, shall conduct an inventory of already-developed (or those 

that are currently in development) U.S. greenhouse gas intensity reducing technologies that are suitable for 

transfer to, deployment in, and commercialization in the 25 developing countries outlined in the reports 

mandated under Section 1611(a) of EPAct05. A report to Congress detailing the results of the inventory 

and obstacles to the transfer of the inventories’ technologies must be submitted. 

Deadline(s) 

Submit report to Congress: February 8, 2006. 

Status 

The report is past due. According to a DOE official, the department plans to release a comprehensive report 

to satisfy this and other obligations under Sections 1601 and 1611 by February 2008. 

Source: DOE official. 

Contact 




(202) 586-2731 


67




Trade-Related Barriers to Export of Greenhouse Gas Intensity 

Reducing Technologies 

Agency 

United States Trade Representative (USTR) 

Action 

Identify foreign trade barriers that hinder or prevent the export of greenhouse gas intensity reducing technologies 

and practices from the United States to the developing countries identified in Section 1611(a)’s 

report. Negotiate with identified countries to remove foreign trade barriers and submit annual progress 

reports to Congress. 

Deadline(s) 

Initial identification of trade barriers: August 8, 2006; Progress reports: annually, beginning August 8, 2007. 

Status 

The report to Congress was submitted on October 2, 2006, almost two months late, and is available at: 

http://www.ustr.gov/assets/Document_Library/Reports_Publications/2006/asset_upload_file288_9874. 

pdf. USTR expects to submit the next report to Congress on or before October 1, 2007. 

Source: USTR staff. 

Contact 

Jennifer Prescott 

U.S. Trade Representative, Office of Environment and Natural Resources 

(202) 395-7320 

http://www.ustr.gov/Trade_Sectors/Environment/Section_Index.html 

68




Greenhouse Gas Intensity Reducing Technology Export Initiative 

Agency 

Interagency: U.S. Department of State (DOS), U.S. Agency for International Development (USAID), U.S. 

Department of Commerce (DOC), U.S. Department of Energy (DOE), U.S. Trade Representative (USTR), 

U.S. Environmental Protection Agency (EPA) 

Action 

Establishes an interagency working group, chaired by the Secretary of State, to carry out a Greenhouse Gas 

Intensity Reducing Technology Export Initiative that: 

(1) promotes the export of greenhouse gas intensity-reducing technologies and practices from the 

United States; 

(2) identifies developing countries that should be designated as priority countries for the purpose of 

exporting greenhouse gas intensity-reducing technologies and practices; 

(3) identifies potential barriers to the adoption of exported greenhouse gas intensity reducing 

technologies and practices; and 

(4) identifies previous efforts to export energy technologies to learn best practices. 

Deadline(s) 

Conduct a performance review of federal actions and results achieved to export climate change technology; 

submit initial report to Congress: February 4, 2006. 

Status 

A report, entitled “Report to Congress on Developing Country Emissions of Greenhouse Gases and Climate 

Change Technology Deployment,” was submitted in September 2006, roughly seven months past the 

deadline. The report, in addition to containing a performance review of federal actions and results achieved 

to export climate change technologies, simultaneously addresses the requirements of Section 1611(a) of 

EPAct05 (25 largest greenhouse gas emitting countries). DOS expects to submit an updated report to Congress 

by the end of August 2007. Source: DOS staff. 

Contact 

Teresa Hobgood, Senior Policy Advisor for Legislative Affairs 

U.S. Department of State, Bureau of Oceans and International Environmental and Scientific Affairs 

(202) 647-3550 

http://www.state.gov/g/oes/ 

69

APPENDIX A: Data Collection 

The Environment, Technology, and Regulatory Affairs Division of the U.S. Chamber of 

Commerce (Chamber) conducted this assessment of EPAct05 over the course of several 

months in 2007. The data contained herein has been extensively researched through publicly 

available information including, but not limited to: General Accounting Office reports, Congressional 

and Senate testimony, trade journals, and agency websites, as well as agency task 

force and committee materials, such as meeting minutes. 

Additionally, the Environment, Technology and Regulatory Affairs Division communicated 

and gathered information from more than two dozen agency officials, staff and management. 

The individuals referenced in this report were generally helpful in providing as much 

information as possible assist with this assessment. In the rare occurance that a government 

organization failed to respond to repeated requests, the Chamber filed a request under the 

Freedom of Information Act (FOIA). The filing of FOIA requests is referenced under section 

of EPAct05 evaluated by this report. 

Published by: 


Environment, Technology, and Regulatory Affairs Division 

Supervised by: 

William L. Kovacs 

Vice President, Environment, Technology, and Regulatory Affairs 

Content managed and directed by: 

Ross Eisenberg 

Counsel, Environment and Energy 

Research and writing conducted by: 

Aaron Lax 

Assistant Counsel 

Edited and designed by: 

Elizabeth Roy 

Administrator, Communications & Coalitions 

70

APPENDIX B: Index of EPAct05 Sections 

EPAct05 Section: Title 

101: Energy and Water Saving Measures in Congressional Buildings 

104: Procurement of Energy Efficient Products 

106: Voluntary Commitments to Reduce Industrial Energy Intensity 

109: Federal Building Performance Standards 

123: State Energy Programs 

134: Energy Efficiency Public Information Initiative 

137: Energy Labeling 

138: Intermittent Escalator Study 

139: Energy Efficient Electric and Natural Gas Utilities Study 

154: Energy Strategy for the Department of Housing and Urban Development 

201: Assessment of Renewable Energy Resources 

203: Federal Purchase Requirement 

204: Use of Photovoltaic Energy in Public Buildings; 

Commercialization/Evaluation Program 

208: Sugar Cane Ethanol Program 

210: Grants to Improve the Commercial Value of Forest Biomass for Electric Energy, 

Useful Heat, Transportation Fuels, and Other Commercial Purposes 

369: Oil Shale, Tar Sands, and Other Strategic Unconventional Fuels 

706: Joint Flexible Fuel/Hybrid Vehicle Commercialization Initiative 

721: Pilot Program - Alternative Fuel/Fuel Cell Vehicles (722: Reports to Congress) 

731: Fuel Cell Transit Bus Demonstration 

741: Clean School Bus Program 

742: Diesel Truck Retrofit and Fleet Modernization Program 

743: Fuel Cell School Buses 

751: Railroad Efficiency 

753: Aviation Fuel Conservation and Emissions 

754: Diesel Fueled Vehicles 

757: Biodiesel Engine Testing Program 

773: Study of Feasibility and Effects of Reducing Use of Fuel for Automobiles 

782: Federal and State Procurement of Fuel Cell Vehicles and Hydrogen 

Energy Systems 

783: Federal Procurement of Stationary, Portable, and Micro Fuel Cells 

804: Plan - Hydrogen and Fuel Cell Program 

811: Reports - Hydrogen and Fuel Cell Program 

812: Solar and Wind Technologies - Hydrogen and Fuel Cell Program 

963: Carbon Capture Research and Development Program 

71

APPENDIX B: Index of EPAct05 Sections continued 

EPAct05 Section: Title 

967: Complex Well Technology Testing Facility 

968: Methane Hydrate Research 

1001: Improved Technology Transfer of Energy Technologies 

1002: Technology Infrastructure Program 

1010: University Collaboration 

1223: Advanced Transmission Technologies 

1303: Clean Renewable Energy Bonds 

1306: Credit for Production from Advanced Nuclear Power Facilities 

1307: Credit for Investment in Clean Coal Facilities 

1332: Credit for Construction of New Energy Efficient Homes 

1333: Credit for Certain Nonbusiness Energy Property 

1341: Alternative Motor Vehicle Credit 

1342: Credit for Installation of Alternative Fueling Stations 

1353: Recycling Study 

1501: Renewable Content of Gasoline 

1510: Commercial Byproducts from Municipal Solid Waste and Cellulosic 

Biomass Loan Guarantee Program 


(c) National Climate Change Technology Policy 

(d) Climate Change Technology Program 

(e) Inventory 

(f) Advisory Committee 

(g) Deployment 

(h) Standards 


Reduction of Greenhouse Gas Intensity; Initial Report 

Technology Inventory for Developing Countries 

Trade-Related Barriers to Export of Greenhouse Gas Intensity Reducing Technologies 

Greenhouse Gas Intensity Reducing Technology Export Initiative 

1703: Eligible Projects: Innovative Technologies Loan Guarantee Program 

1802: Study of Energy Efficiency Standards 

1819: Hydrogen Participation Study 

1823: Alternative Fuels Reports 

1829: Energy and Water Savings Measures in Congressional Buildings 

1833: Renewable Energy on Federal Land 

72 

56 

57 

44 

45 

46 

15 

28 

58 

59 

16 

17 

40 

41 

18 

42 

30 

60 

61 

62 

63 

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65 

66 

67 

68 

69 

31 

19 

32 

43 

20 

33

Environment, Technology & Regulatory Affairs 


1615 H Street, NW 

Washington, DC 20062-2000 

www.uschamber.com/energy 

73

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