Sec. 1. Short title; table of contents
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This Act may be cited as the . Energy Policy Modernization Act of 2016 The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Efficiency Subtitle A—Buildings Sec. 1001. Greater energy efficiency in building codes. Sec. 1002. Budget-neutral demonstration program for energy and water conservation improvements at multifamily residential units. Sec. 1003. Coordination of energy retrofitting assistance for schools. Sec. 1004.
Energy efficiency materials pilot program. Sec. 1005. Utility energy service contracts. Sec. 1006. Use of energy and water efficiency measures in Federal buildings. Sec. 1007. Building training and assessment centers. Sec. 1008. Career skills training. Sec. 1009. Energy-efficient and energy-saving information technologies. Sec. 1010. Availability of funds for design updates. Sec. 1011. Energy efficient data centers. Sec. 1012. Weatherization Assistance Program. Sec. 1013. Reauthorization of State energy program.
Sec. 1014. Smart building acceleration. Sec. 1015. Repeal of fossil phase-out. Sec. 1016. Federal building energy efficiency performance standards. Sec. 1017. Codification of Executive Order. Sec. 1018. Certification for green buildings. Sec. 1019. High performance green federal buildings. Sec. 1020. Evaluation of potentially duplicative green building programs. Sec. 1021. Study and report on energy savings benefits of operational efficiency programs and services. Sec. 1022. Use of Federal disaster relief and emergency assistance for energy-efficient products and structures.
Sec. 1023. Watersense. Subtitle B—Appliances Sec. 1101. Extended product system rebate program. Sec. 1102. Energy efficient transformer rebate program. Sec. 1103. Standards for certain furnaces. Sec. 1104. Third-party certification under Energy Star program. Sec. 1105. Energy conservation standards for commercial refrigeration equipment. Sec. 1106. Voluntary verification programs for air conditioning, furnace, boiler, heat pump, and water heater products. Sec. 1107. Application of energy conservation standards to certain external power supplies.
Subtitle C—Manufacturing Sec. 1201. Manufacturing energy efficiency. Sec. 1202. Leveraging existing Federal agency programs to assist small and medium manufacturers. Sec. 1203. Leveraging smart manufacturing infrastructure at National Laboratories. Subtitle D—Vehicles Sec. 1301. Short title. Sec. 1302. Objectives. Sec. 1303. Coordination and nonduplication. Sec. 1304. Authorization of appropriations. Sec. 1305. Reporting. PART I—Vehicle Research and Development Sec. 1306. Program.
Sec. 1307. Manufacturing. PART II—Medium- and Heavy-Duty Commercial and Transit Vehicles Sec. 1308. Program. Sec. 1309. Class 8 truck and trailer systems demonstration. Sec. 1310. Technology testing and metrics. Sec. 1311. Nonroad systems pilot program. PART III—Administration Sec. 1312. Repeal of existing authorities. Sec. 1313. Reauthorization of diesel emissions reduction program. Sec. 1314. Gaseous fuel dual fueled automobiles. Subtitle E—Short title Sec. 1401. Short title.
Subtitle F—Housing Sec. 1501. Definitions. Sec. 1502. Enhanced energy efficiency underwriting criteria. Sec. 1503. Enhanced energy efficiency underwriting valuation guidelines. Sec. 1504. Monitoring. Sec. 1505. Rulemaking. Sec. 1506. Additional study. TITLE II—Infrastructure Subtitle A—Cybersecurity Sec. 2001. Cybersecurity threats. Sec. 2002. Enhanced grid security. Subtitle B—Strategic Petroleum Reserve Sec. 2101. Strategic Petroleum Reserve modernization. Sec. 2102. Strategic petroleum reserve drawdown and sale.
Subtitle C—Trade Sec. 2201. Action on applications to export liquefied natural gas. Sec. 2202. Public disclosure of liquefied natural gas export destinations. Sec. 2203. Energy data collaboration. Subtitle D—Electricity and energy storage Sec. 2301. Grid storage program. Sec. 2302. Electric system grid architecture, scenario development, and modeling. Sec. 2303. Hybrid micro-grid systems for isolated and resilient communities. Sec. 2304. Voluntary model pathways. Sec. 2305. Performance metrics for electricity infrastructure providers.
Sec. 2306. State and regional electricity distribution planning. Sec. 2307. Authorization of appropriations. Sec. 2308. Electric transmission infrastructure permitting. Sec. 2309. Report by transmission organizations on distributed energy resources and micro-grid systems. Sec. 2310. Net metering study guidance. Sec. 2311. Model guidance for combined heat and power systems and waste heat to power systems. Subtitle E—Computing Sec. 2401. Exascale computer research program. TITLE III—Supply Subtitle A—Renewables PART I—Hydroelectric Sec. 3001.
Hydropower regulatory improvements. Sec. 3002. Hydroelectric production incentives and efficiency improvements. Sec. 3003. Extension of time for a Federal Energy Regulatory Commission project involving Clark Canyon Dam. Sec. 3004. Extension of time for a Federal Energy Regulatory Commission project involving Gibson Dam. PART II—Geothermal SUBPART A—Geothermal energy Sec. 3005. National goals for production and site identification. Sec. 3006. Priority areas for development on Federal land.
Sec. 3007. Facilitation of coproduction of geothermal energy on oil and gas leases. Sec. 3008. Noncompetitive leasing of adjoining areas for development of geothermal resources. Sec. 3009. Report to Congress. Sec. 3010. Authorization of appropriations. SUBPART B—Development of geothermal, solar, and wind energy on public land Sec. 3011. Definitions. Sec. 3011A. Land use planning; supplements to programmatic environmental impact statements. Sec. 3011B. Environmental review on covered land.
Sec. 3011C. Program to improve renewable energy project permit coordination. Sec. 3011D. Savings clause. SUBPART C—Geothermal exploration Sec. 3012. Geothermal exploration test projects. PART III—Marine Hydrokinetic Sec. 3013. Definition of marine and hydrokinetic renewable energy. Sec. 3014. Marine and hydrokinetic renewable energy research and development. Sec. 3015. National Marine Renewable Energy Research, Development, and Demonstration Centers. Sec. 3016. Authorization of appropriations.
PART IV—Biomass Sec. 3017. Policies relating to biomass energy. Subtitle B—Oil and Gas Sec. 3101. Amendments to the Methane Hydrate Research and Development Act of 2000. Sec. 3102. Liquefied natural gas study. Sec. 3103. FERC process coordination with respect to regulatory approval of gas projects. Sec. 3104. Pilot program. Sec. 3105. GAO review and report. Sec. 3106. Ethane storage study. Sec. 3107. Aliso Canyon natural gas leak task force. Sec. 3108. Report on incorporating Internet-based lease sales.
Sec. 3109. Denali National Park and Preserve natural gas pipeline. Subtitle C—Helium Sec. 3201. Rights to helium. Subtitle D—Critical Minerals Sec. 3301. Definitions. Sec. 3302. Policy. Sec. 3303. Critical mineral designations. Sec. 3304. Resource assessment. Sec. 3305. Permitting. Sec. 3306. Federal Register process. Sec. 3307. Recycling, efficiency, and alternatives. Sec. 3308. Analysis and forecasting. Sec. 3309. Education and workforce. Sec. 3310. National geological and geophysical data preservation program.
Sec. 3311. Administration. Sec. 3312. Authorization of appropriations. Subtitle E—Coal Sec. 3401. Sense of the Senate on carbon capture, use, and storage development and deployment. Sec. 3402. Fossil energy. Sec. 3403. Establishment of coal technology program. Sec. 3404. Report on price stabilization support. Subtitle F—Nuclear Sec. 3501. Nuclear energy innovation capabilities. Sec. 3502. Next generation nuclear plant project. Subtitle G—Workforce development Sec. 3601. 21st Century Energy Workforce Advisory Board.
Sec. 3602. Energy workforce pilot grant program. Subtitle H—Recycling Sec. 3701. Recycled carbon fiber. Sec. 3702. Energy generation and regulatory relief study regarding recovery and conversion of nonrecycled mixed plastics. Sec. 3703. Eligible projects. Sec. 3704. Promoting use of reclaimed refrigerants in Federal facilities. Subtitle I—Thermal energy Sec. 3801. Modifying the definition of renewable energy to include thermal energy. TITLE IV—Accountability Subtitle A—Loan programs Sec. 4001.
Terms and conditions for incentives for innovative technologies. Sec. 4002. State loan eligibility. Sec. 4003. GAO Study on fossil loan guarantee incentive program. Sec. 4004. Program eligibility for vessels. Sec. 4005. Additional reforms. Sec. 4006. Department of Energy Indian energy education planning and management assistance program. Subtitle B—Energy-Water nexus Sec. 4101. Nexus of energy and water for sustainability. Sec. 4102. Smart energy and water efficiency pilot program.
Subtitle C—Innovation Sec. 4201. America COMPETES programs. Sec. 4202. Inclusion of early stage technology demonstration in authorized technology transfer activities. Sec. 4203. Supporting access of small business concerns to National Laboratories. Sec. 4204. Microlab technology commercialization. Sec. 4205. Sense of the Senate on accelerating energy innovation. Sec. 4206. Restoration of Laboratory Directed Research and Development Program. Sec. 4207. National Science and Technology Council coordinating subcommittee for high-energy physics.
Subtitle D—Grid reliability Sec. 4301. Bulk-power system reliability impact statement. Sec. 4302. Report by transmission organizations on diversity of supply. Subtitle E—Management Sec. 4401. Federal land management. Sec. 4402. Quadrennial Energy Review. Sec. 4403. State oversight of oil and gas programs. Sec. 4404. Under Secretary for Science and Energy. Sec. 4405. Western Area Power Administration pilot project. Sec. 4406. Research grants database. Sec. 4407. Review of economic impact of BSEE rule on small entities.
Sec. 4408. Energy emergency response efforts of the Department. Sec. 4409. GAO report on Bureau of Safety and Environmental Enforcement statutory and regulatory authority for the procurement of helicopter fuel. Sec. 4410. Conveyance of federal land within the Swan Lake hydroelectric project boundary. Sec. 4411. Study of waivers of certain cost-sharing requirements. Sec. 4412. National park centennial. Sec. 4413. Program to reduce the potential impacts of solar energy facilities on certain species.
Sec. 4414. Wild horses in and around the Currituck National Wildlife Refuge. Subtitle F—Markets Sec. 4501. Enhanced information on critical energy supplies. Sec. 4502. Working Group on Energy Markets. Sec. 4503. Study of regulatory framework for energy markets. Subtitle G—Affordability Sec. 4601. E-prize competition pilot program. Sec. 4602. Carbon dioxide capture technology prize. Subtitle H—Code maintenance Sec. 4701. Repeal of off-highway motor vehicles study. Sec. 4702. Repeal of methanol study.
Sec. 4703. Repeal of authorization of appropriations provision. Sec. 4704. Repeal of residential energy efficiency standards study. Sec. 4705. Repeal of weatherization study. Sec. 4706. Repeal of report to Congress. Sec. 4707. Repeal of report by General Services Administration. Sec. 4708. Repeal of intergovernmental energy management planning and coordination workshops. Sec. 4709. Repeal of Inspector General audit survey and President's Council on Integrity and Efficiency report to Congress.
Sec. 4710. Repeal of procurement and identification of energy efficient products program. Sec. 4711. Repeal of national action plan for demand response. Sec. 4712. Repeal of national coal policy study. Sec. 4713. Repeal of study on compliance problem of small electric utility systems. Sec. 4714. Repeal of study of socioeconomic impacts of increased coal production and other energy development. Sec. 4715. Repeal of study of the use of petroleum and natural gas in combustors. Sec. 4716.
Repeal of submission of reports. Sec. 4717. Repeal of electric utility conservation plan. Sec. 4718. Emergency Energy Conservation repeals. Sec. 4719. Energy Security Act repeals. Sec. 4720. Nuclear Safety Research, Development, and Demonstration Act of 1980 repeals. Sec. 4721. Elimination and consolidation of certain America COMPETES programs. Sec. 4722. Repeal of state utility regulatory assistance. Sec. 4723. Repeal of survey of energy saving potential. Sec. 4724. Repeal of photovoltaic energy program.
Sec. 4725. Repeal of energy auditor training and certification. Sec. 4726. Repeal of authorization of appropriations. Sec. 4727. Repeal of Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989. Sec. 4728. Repeal of hydrogen research, development, and demonstration program. Sec. 4729. Repeal of study on alternative fuel use in nonroad vehicles and engines. Sec. 4730. Repeal of low interest loan program for small business fleet purchases. Sec. 4731. Repeal of technical and policy analysis for replacement fuel demand and supply information.
Sec. 4732. Repeal of 1992 Report on Climate Change. Sec. 4733. Repeal of Director of Climate Protector establishment. Sec. 4734. Repeal of 1994 report on global climate change emissions. Sec. 4735. Repeal of telecommuting study. Sec. 4736. Repeal of advanced buildings for 2005 program. Sec. 4737. Repeal of Energy Research, Development, Demonstration, and Commercial Application Advisory Board. Sec. 4738. Repeal of study on use of energy futures for fuel purchase. Sec. 4739. Repeal of energy subsidy study.
Sec. 4740. Modernization of terms relating to minorities. TITLE V—Conservation reauthorization Sec. 5001. National Park Service Maintenance and Revitalization Conservation Fund. Sec. 5002. Land and Water Conservation Fund. Sec. 5003. Historic Preservation Fund. Sec. 5004. Conservation incentives landowner education program. TITLE VI—Indian tribal energy development and self-determination Sec. 6001. Short title. Subtitle A—Indian tribal energy development and self-determination act amendments Sec. 6011.
Indian tribal energy resource development. Sec. 6012. Indian tribal energy resource regulation. Sec. 6013. Tribal energy resource agreements. Sec. 6014. Technical assistance for Indian tribal governments. Sec. 6015. Conforming amendments. Sec. 6016. Report. Subtitle B—Miscellaneous amendments Sec. 6201. Issuance of preliminary permits or licenses. Sec. 6202. Tribal biomass demonstration project. Sec. 6203. Weatherization program. Sec. 6204. Appraisals. Sec. 6205. Leases of restricted lands for Navajo Nation.
Sec. 6206. Extension of tribal lease period for the Crow Tribe of Montana. Sec. 6207. Trust status of lease payments. TITLE VII—Brownfields reauthorization Sec. 7001. Short title. Sec. 7002. Expanded eligibility for nonprofit organizations. Sec. 7003. Multipurpose brownfields grants. Sec. 7004. Treatment of certain publicly owned brownfield sites. Sec. 7005. Increased funding for remediation grants. Sec. 7006. Allowing administrative costs for grant recipients. Sec. 7007. Small community technical assistance grants.
Sec. 7008. Waterfront brownfields grants. Sec. 7009. Clean energy brownfields grants. Sec. 7010. Targeted funding for States. Sec. 7011. Authorization of appropriations. TITLE VIII—Miscellaneous Sec. 8001. Removal of use restriction. TITLE IX—Miscellaneous Sec. 9001. Interagency transfer of land along George Washington Memorial Parkway. TITLE X—Natural Resources Subtitle A—Land conveyances and related matters Sec. 10001. Arapaho National Forest boundary adjustment. Sec. 10002.
Land conveyance, Elkhorn Ranch and White River National Forest, Colorado. Sec. 10003. Land exchange in Crags, Colorado. Sec. 10004. Cerro del Yuta and Río San Antonio Wilderness Areas. Sec. 10005. Clarification relating to a certain land description under the Northern Arizona Land Exchange and Verde River Basin Partnership Act of 2005. Sec. 10006. Cooper Spur land exchange clarification amendments. Sec. 10007. Expedited access to certain Federal land. Sec. 10008. Black Hills National Cemetery boundary modification.
Subtitle B—National Park Management, Studies, and Related Matters Sec. 10101. Refund of funds used by States to operate national parks during shutdown. Sec. 10102. Lower Farmington and Salmon Brook recreational rivers. Sec. 10103. Special resource study of President Street Station. Sec. 10104. Special resource study of Thurgood Marshall's elementary school. Sec. 10105. Special resource study of James K. Polk presidential home. Sec. 10106. North Country National Scenic Trail route adjustment.
Sec. 10107. Designation of Jay S. Hammond Wilderness Area. Sec. 10108. Advisory Council on Historic Preservation. Sec. 10109. Establishment of a visitor services facility on the Arlington Ridge tract. Subtitle C—Sportsmen's access and land management issues PART I—National policy Sec. 10201. Congressional declaration of national policy. PART II—Sportsmen’s access to federal land Sec. 10211. Definitions. Sec. 10212. Federal land open to hunting, fishing, and recreational shooting.
Sec. 10213. Closure of Federal land to hunting, fishing, and recreational shooting. Sec. 10214. Shooting ranges. Sec. 10215. Federal action transparency. PART III—Filming on federal land management agency land Sec. 10221. Commercial filming. PART IV—Bows, wildlife management, and access opportunities for recreation, hunting, and fishing Sec. 10231. Bows in parks. Sec. 10232. Wildlife management in parks. Sec. 10233. Identifying opportunities for recreation, hunting, and fishing on Federal land.
PART V—Federal land transaction facilitation act Sec. 10241. Federal Land Transaction Facilitation Act. PART VI—Fish and wildlife conservation Sec. 10251. Amendments to Pittman-Robertson Wildlife Restoration Act. Sec. 10252. North American Wetlands Conservation Act. Sec. 10253. National fish habitat conservation. Sec. 10254. Gulf States Marine Fisheries Commission report on Gulf of Mexico outer Continental Shelf State boundary extension. Sec. 10255. GAO report on Gulf of Mexico outer Continental Shelf State boundary extension.
PART VII—Miscellaneous Sec. 10261. Respect for treaties and rights. Sec. 10262. No priority. Subtitle D—Water infrastructure and related matters PART I—Fontenelle Reservoir Sec. 10301. Authority to make entire active capacity of Fontenelle Reservoir available for use. Sec. 10302. Savings provisions. PART II—Bureau of Reclamation transparency Sec. 10311. Definitions. Sec. 10312. Asset management report enhancements for reserved works. Sec. 10313. Asset management report enhancements for transferred works.
Sec. 10314. Offset. PART III—Basin water management SUBPART A—Yakima River Basin Water Enhancement Sec. 10321. Short title. Sec. 10322. Modification of terms, purposes, and definitions. Sec. 10323. Yakima River Basin Water Conservation Program. Sec. 10324. Yakima Basin water projects, operations, and authorizations. Sec. 10325. Authorization of Phase III of Yakima River Basin Water Enhancement Project. SUBPART B—Klamath Project water and power Sec. 10329. Klamath Project. PART IV—Reservoir operation improvement Sec. 10331.
Reservoir operation improvement. PART V—Hydroelectric projects Sec. 10341. Terror Lake Hydroelectric Project Upper Hidden Basin Diversion authorization. Sec. 10342. Stay and Reinstatement of FERC License No. 11393 for the Mahoney Lake Hydroelectric Project. Sec. 10343. Extension of deadline for hydroelectric project. Sec. 10344. Extension of deadline for certain other hydroelectric projects. Sec. 10345. Equus Beds Division extension. Sec. 10346. Extension of time for a Federal Energy Regulatory Commission project involving Cannonsville Dam.
PART VI—Pumped storage hydropower compensation Sec. 10351. Pumped storage hydropower compensation.