Renewable Energy Legislation in the 107th Congress

Order Code RL31044

CRS Report for Congress

Received through the CRS Web

Renewable Energy Legislation

in the 107th Congress

December 17, 2001

nae redacted

Specialist in Energy Policy

Resources, Science, and Industry Division

Congressional Research Service ˜ The Library of Congress

Renewable Energy Legislation in the 107th Congress

Summary

This report complements and supports CRS Issue Brief IB10041, by

summarizing action on more than 100 renewable energy bills introduced during the

107th Congress.

In the first session, much of the action on renewable energy provisions focused

on the two omnibus energy policy bills, H.R. 4 and S. 1766. H.R. 4 includes

renewables provisions that would authorize research and development (R&D)

funding, provide alternative fuel tax incentives, create a residential solar tax credit,

extend the renewables production tax credit, and fund renewables with income

derived from development of the Arctic National Wildlife Refuge (ANWR). The

renewable energy provisions of the House bill are derived primarily from several

comprehensive bills and contain many, if not most, of the renewable energy

recommendations in the Administration’s National Energy Policy report. H.R. 4

passed the House on August 2, 2001.

Similarly, the renewable energy provisions of S. 1766 are derived primarily from

several comprehensive Senate bills. The Senate bill contains several provisions that

address areas in H.R. 4, such as authorization for R&D funding and requirements for

alternative fuels. Also, S. 1766 has several renewables provisions that are not in the

House bill. They include a renewable energy portfolio standard, transmission access,

net metering, a federal purchase requirement, a production incentive for local

government, and support for international technology deployment. It remains to be

seen whether S. 1766 will be amended to incorporate additional renewable energy

provisions from other bills. S. 1766 was introduced on December 5, 2001.

Other action in the first session focused on appropriations bills that fund

renewables programs at the Department of Energy (DOE) and at programs of certain

international agencies; loans, grants and other provisions in farm bills; and other bills

that address, for example, business loans and federal agency measures.

For each bill listed in this report, there is a brief description and a summary of

action, including references to committee hearings and reports. Also, a selected list

of hearings on renewable energy is included.

Contents

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Public Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

House Bills (with Senate Companions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Senate Bills (with House Companions) . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Congressional Hearings, Reports, and Documents . . . . . . . . . . . . . . . . . . . . . . 17

CRS Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

List of Tables

Table 1. Action on Renewable Energy Legislation: 107th Congress . . . . . . . . . . . 2

Table 2. Renewable Energy Bills by Topic, 107th Congress . . . . . . . . . . . . . . . . 3

Renewable Energy Legislation

in the 107th Congress

Introduction

This report complements and supports CRS Issue Brief IB10041, by

summarizing action on more than 100 renewable energy bills introduced during the

107th Congress. These bills cover a wide range of renewable energy technologies

including alcohol fuels and biofuels, biopower, geothermal, hydrogen, hydropower,

solar, and wind. Also, they include a range of policies that cover tax credits,

regulation, funding, goals, farms, education, and the environment. So far, tax credits

and incentives for alcohol fuels and biofuels are the policy topics that have generated

the greatest number of bills. Table 2 groups the bills by topic.

In the first session, much of the action on renewable energy provisions focused

on the two omnibus energy policy bills, H.R. 4 and S. 1766. The renewable energy

provisions of the House bill are derived primarily from H.R. 2436, H.R. 2460, H.R.

2511, and H.R. 2587 and contain many, if not most, of the renewable energy

recommendations in the Administration’s National Energy Policy report. H.R. 4

provides for biomass on federal lands and geothermal leasing; authorizes R&D

funding; creates tax credits for residential solar and alternative fuel vehicles, and

renewable power production; and for hydropower development and licensing.

Similarly, the renewable energy provisions of S. 1766 are derived primarily from

S. 388, S. 389, S. 596, and S. 597. Like H.R. 4, the Senate bill provides for R&D

funding, hydropower relicensing, and alternative fuels. In contrast to H.R. 4, S. 1766

would create a renewable energy portfolio standard, transmission access, net

metering, a federal purchase requirement, a production incentive for local

government, and a program for international technology deployment. It remains to

be seen whether S. 1766 will be amended to incorporate additional renewable energy

provisions proposed in other bills. S. 1766 was introduced on December 5, 2001.

Other action in the first session includes enactment of DOE renewable energy

funding in the Energy and Water appropriations bill (P.L. 107-66, H.R. 2311), and

conference action on the Foreign Operations appropriations bill (H.R. 2506), which

would provide funding for international renewables programs. Also, the House

passed a farm bill (H.R. 2646) with renewables loan provisions and the Senate passed

S. 295 with business loan provisions and passed S. 420 with measures for renewables

at federal agencies. Action on other bills is summarized in Table 1 on page 2.

For each bill listed in this report, there is a brief description and a summary of

action, including references to committee hearings and reports. Also, a selected list

of hearings on renewable energy is included.

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Table 1. Action on Renewable Energy Legislation:

107th Congress

Bill

Category

Action

Date

H.R. 2311

DOE appropriations

P.L. 107-66

11/12/2001

H.R. 2506

Foreign Ops. apprns.

(GEF, AID, OPIC)

Conference held

11/14/2001

H.R. 4

omnibus energy bill

Passed House

8/2/2001

S. 1766

omnibus energy bill

Senate calendar

12/5/2001

H.R. 2646

farm equipment loans

Passed House

10/5/2001

H.R. 3090

electricity/fuels tax credits

Senate floor

11/13/2001

S. 295

business loans

Passed Senate

3/26/2001

S. 420

federal measures

Passed Senate

3/15/2001

S. 517

NREL authorization

Reported

6/5/2001

H.R. 2871

Exim Bank authorization

Reported

11/15/2001

S. 1731

farm bill measures

Reported

11/27/2001

H.R. 1647

electricity emergency

Passed Subc

3/11/2001

H.R. 340

education buildings

Hearing

3/29/2001

H.R. 1945

combined heat & power

Hearing

7/19/2001

H.R. 2407

emergency relief

Hearing

8/1/2001

S. 71

hydro relicensing

Hearing

7/19/2001

S. 352

electricity emergency

Hearing

7/13/2001

S. 388

omnibus energy bill

Hearing

7/19/2001

S. 556

powerplant emissions

Hearing

11/15/2001

S. 597

omnibus energy bill

Hearing

7/19/2001

S. 820

biomass

Hearing

7/24/2001

S. 883

national plan

Hearing

7/17/2001

S. 1006

biofuels

Hearing

7/17/2001

S. 1053

hydrogen authorization

Hearing

7/17/2001

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Table 2. Renewable Energy Bills by Topic, 107th Congress

I. Renewable Energy Issue Areas

Appropriations. P.L. 107-66 (H.R. 2311), H.R. 2506

Authorizations/Omnibus Energy Policy. H.R. 4, S. 1766, H.R. 2324, H.R.

2436, H.R. 2460, H.R. 2478, H.R. 2511, H.R. 2587, S. 388/S. 389, S. 597

Buildings. H.R. 286, H.R. 340, H.R. 1129, S. 295/H.R. 1010, S. 596/H.R.

2108, S. 968

Education. H.R. 1262

Electricity Regulation/Distributed Generation/Net Metering. H.R. 381/S.

552, H.R. 1647, H.R. 1945/S. 933, H.R. 2496, H.R. 2774, H.R. 3037, H.R.

3089, H.R. 3406, S. 295/H.R. 1010, S. 420, S. 597, S. 1333

Environment/Climate Change. H.Res. 117, H.R. 416, H.R. 1335, S.

556/H.R. 1256

Farms/American Indians. H.R. 2412, H.R. 2646, S. 295/H.R. 1010, S. 1731

Federal Energy Management. H.R. 683/S. 352, H.R. 2407, S. 420, S. 1358

Goals/Plans/Impact Information. H.R. 2324, S. 883/H.R. 1830

International/Trade. H.R. 2506, H.R. 2517, H.R. 2871/S. 1372

Tax Credit for Investment. H.R. 1045, H.R. 2179, H.R. 2184, H.R. 2392, S.

207, S. 293/H.R. 778, S. 465, S. 596/H.R. 2108, S. 760/H.R. 1864

Tax Credit for Energy Production. H.R. 983, H.R. 1657, H.R. 1863, H.R.

2190, H.R. 3090, S. 94/H.R. 876, S. 188, S. 249, S. 389, S. 530, S. 756, S.

845, S. 1131, S. 1211, S. 1219, S. 1566

II. Renewable Energy Resources and Technologies

Alcohol Fuels/Biofuels. H.R. 377, H.R. 2000, H.R. 2088/S. 1071, H.R. 2303,

H.R. 2326, H.R. 2358, H.R. 2423, H.R. 2518, H.R. 3090, H.R. 3099, S. 388, S.

389, S. 670, S. 760, S. 892, S. 1006, S. 1058

Biopower. H.R. 2000, H.R. 2358, S. 249, S. 820

Geothermal. S. 1131

Hydrogen. H.R. 2174, S. 760, S. 883/H.R. 1830, S. 1053

Hydropower. H.R. 1647, H.R. 1677, H.R. 2587, S. 71, S. 249, S. 388, S. 389

Solar. H.R. 286, H.R. 954/S. 1403, H.R. 1969, H.R. 2076, H.R. 2407, S. 207,

S. 293/H.R. 778, S. 465, S. 1131

Wind. H.R. 269, H.R. 2322, S. 530

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Legislation

Public Laws

P.L. 107-66 (H.R. 2311,Callahan)

Energy and Water Appropriations Bill, FY2002. Funds Renewable Energy and

other programs at DOE. Reported (H. Rept. 107-112) June 26, 2001. Passed House,

without amendments to the Renewable Energy Program, June 28. Senate

Appropriations Committee reported a Senate bill (S. 1171, S. Rept. 107-39) July 13,

2001. Passed Senate without amendments to renewables, July 19. Conference

Committee reported (H. Rept. 107-258) October 30. President signed into law

November 12.

House Bills (with Senate Companions)

H.R. 4 (Tauzin)

Securing America’s Future Energy (SAFE) Act of 2001. Incorporates H.R.

2436, Energy Security Act; H.R. 2460, Comprehensive Energy Research and

Technology Act; H. R. 2511, Energy Tax Policy Act; and H.R. 2587, Energy

Advancement and Conservation Act. Introduced July 27, 2001; referred to

Committee on Energy and Commerce, and to the Committees on Science, Ways and

Means, Resources, Education and the Workforce, Transportation and Infrastructure,

the Budget, and Financial Services. Passed House, amended, August 2. Read second

time in Senate, September 4.

H.Res. 117 (Lee)

Promotes renewable energy as a way mitigate greenhouse gas emissions.

Introduced April 4, 2001; referred to Committee on Energy and Commerce.

H.R. 269 (Filner)

Wind for Electricity Act. Permanently extends the 1.5 cent/kwh electricity

production tax credit for wind, closed-loop biomass, and poultry waste. Also,

extends the renewable energy production incentive, and creates nondiscriminatory

transmission service for wind facilities. Introduced January 30, 2001; referred to

Committee on Energy and Commerce and Committee on Ways and Means.

H.R. 286 (McCarthy)

Child Care Construction and Renovation Act. Encourages solar energy at child

care facilities. Introduced January 30, 2001; referred to Committee on Financial

Services.

H.R. 340 (Miller)

Excellence and Accountability in Education Act. Offers grants to local

educational agencies for renewable energy. Introduced January 31, 2001; referred to

Committee on Education and the Workforce. Hearing held March 29, 2001.

H.R. 377 (Serrano)

Provides tax incentives for clean-fuel vehicles used by businesses within

empowerment zones, enterprise communities, and renewal communities. Includes

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hydrogen, ethanol, and other alcohol fuels. Introduced Jan. 31, 2001; referred to

Committee on Ways and Means.

H.R. 381 (Stearns)/S. 552 (Graham)

Ratepayer Protection Act. Repeals Section 210 of the Public Utility Regulatory

Policies Act (PURPA, P.L. 95-620), which set a power purchase requirement and an

avoided (marginal) cost price mechanism for qualifying renewable energy facilities.

House bill introduced January 31, 2001; referred to Committee on Energy and

Commerce. Senate bill introduced March 15; referred to Committee on Energy and

Natural Resources.

H.R. 416 (Andrews)

Environmental Priorities Act of 2001. Cost savings from electricity competition

are used to create an EPA fund for “mitigating the deleterious effect of electricity

production on air quality.” Introduced February 6, 2001; referred to Committee on

Energy and Commerce.

H.R. 683 (Markey)/S. 352 (Bingaman)

Energy Emergency Response Act of 2001. Section 4 requires that federal

agencies identify and install “practicable renewable energy measures.” House bill

introduced February 14, 2001; referred to House Committees on Education and the

Workforce and Energy and Commerce. Senate bill introduced February 15, 2001;

referred to Committee on Energy and Natural Resources. Hearing held July 13.

H.R. 954 (Inslee)/S. 1403 (Cantwell)

Home Energy Generation Act. Provides net metering for Photovoltaics and

other small power systems. House bill introduced March 8, 2001; referred to

Committee on Energy and Commerce. Senate bill introduced September 5, 2001;

referred to Committee on Energy and Natural Resources.

H.R. 983 (Bono)

Extends the renewable energy production tax incentive to include landfill gas

facilities. Introduced March 13, 2001; referred to Committee on Energy and

Commerce.

H.R. 1045 (Wilson)

Energy Self-Sufficiency Act for the 21st Century. Section 201 provides an

investment tax incentive for distributed renewable energy equipment. Also, authorizes

appropriations for R&D programs from FY2002 through FY2007. Introduced March

15; referred to Committees on Energy and Commerce, Ways and Means, and Science.

H.R. 1129 (M. Udall)

High Performance Schools Act of 2001. Creates Department of Energy grants

to states and school districts to encourage the use of renewable energy in new and

renovated school buildings . Introduced March 20, 2001; referred to Committee on

Education and the Workforce.

H.R. 1335 (Allen)

Clean Power Plant Act of 2001. Section 7 specifies that a utility or other

operator using renewable energy facilities that reduce carbon dioxide or nitrogen

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oxide emissions should receive a credit in any climate change program that may be

enacted by Congress. Introduced April 3, 2001; referred to Committees on Energy

and Commerce, Education and the Workforce, Financial Services, Transportation and

Infrastructure, and Science.

H.R. 1647 (Barton)

Electricity Emergency Relief Act. Section 205 allows qualified small power

(renewable energy) facilities that fail to receive payments under a utility power

purchase contract to suspend the contract and sell power to other parties. Title III

allows increased generation at licensed hydroelectric facilities and maximum

production from federal hydroelectric facilities of the Bonneville Power

Administration and the Bureau of Reclamation. Introduced May 1, 2001; referred to

Committee on Energy and Commerce and to Committee on Resources.

Subcommittee on Energy and Air Quality held hearing on May 1 and 3. Passed

Subcommittee, amended, May 11, 2001.

H.R. 1657 (Herger)

Biomass Energy Equity Act of 2001. Broadens the production tax credit for

electricity from biomass. Introduced May 1, 2001; referred to Committee on Ways

and Means.

H.R. 1677 (Dunn)

Hydropower Capacity Improvement Act. Creates a tax credit for incremental

hydropower at existing dams licensed by the Federal Energy Regulatory Commission

(FERC). Introduced May 2, 2001; referred to Committee on Ways and Means.

H.R. 1863 (Camp)

Expands the renewable energy production tax credit for electricity to include

energy produced from landfill gas. Introduced May 16, 2001; referred to Committee

on Ways and Means.

H.R. 1945 (Quinn)/S. 933 (Jeffords)

Combined Heat and Power Advancement Act of 2001. Creates investment tax

credit for combined heat and power systems and sets criteria for their connection to

electricity transmission systems. House bill introduced May 22, 2001; referred to

Committee on Ways and Means and Committee on Energy and Commerce. Senate

bill introduced May 22, 2001; referred to Committee on Energy and Natural

Resources. Hearing held July 19, 2001.

H.R. 1969 (McDermott)

Residential Solar Energy Act of 2001. Creates an annual tax credit for holders

of residential solar energy bonds, which have been used to support loans for the

installation of photovoltaic equipment. Introduced May 23, 2001; referred to

Committee on Ways and Means.

H.R. 2000 (Nussle)

Renewable Energy from Agricultural Products (REAP) Act. For application of

the production tax credit to biomass, Section 2 extends the credit through 2007 and

expands the range of biomass forms to certain forest wastes; and Section 3 expands

the credit to agricultural sources and animal wastes. For 2% or greater biodiesel

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blends with diesel fuel, Section 4 creates a 3-cent per gallon reduction in the motor

fuel excise tax. Section 5 amends the Food Security Act of 1985 to allow harvesting

switchgrass for use in energy production. Section 6 directs federal agencies to use

biodiesel fuel in diesel-fueled vehicles. Introduced May 24, 2001; referred to

Committees on Ways and Means, Agriculture, and Government Reform.

H.R. 2076 (Hayworth)

Residential Solar Energy Tax Credit Act. For the installation of residential

photovoltaic and solar water heating equipment during taxable years 2002 through

2006, creates a 15% tax credit worth up to $2,000. Introduced June 6, 2001; referred

to Committee on Ways and Means.

H.R. 2088 (Shimkus)/S. 1071 (Bond)

Biofuels Air Quality Act. To reduce sulfur and carbon emissions, makes projects

with renewable fuels derived from grain, oilseeds, or other biomass (including

biodiesel) eligible for funding under Section 1110 of the Transportation Equity Act

for the 21st Century (TEA21, P.L. 105-178). House bill introduced June 6, 2001;

referred to Committee on Transportation and Infrastructure, Subcommittee on

Highways and Transit. Senate bill introduced June 20, 2001; referred to Committee

on Environment and Public Works.

H.R. 2174 (Calvert)

Robert S. Walker and George E. Brown, Jr., Hydrogen Energy Act of 2001.

Amends the Spark M. Matsunaga Hydrogen Research, Development, and

Demonstration Act of 1990 to extend its provisions and to authorize appropriations

from FY2002 through FY2006. Introduced May 15, 2001; referred to Committees

on Energy and Commerce, Science, and Government Reform.

H.R. 2179 (Davis)

Renewable Energy Act for Credit on Taxes. Creates refundable tax credit up to

35% or $6,000 for expenditures on residential renewable energy equipment and up

to $50,000 for non-residential equipment. Introduced June 14, 2001; referred to

Committee on Ways and Means.

H.R. 2184 (Engel)

Preserving Our World's Energy and Resources Act of 2001. Increases the

investment tax credit for solar and geothermal equipment from 10% to 25%. Creates

a 25% credit for wind equipment and a 30% credit for cool roofs equipment.

Introduced June 14, 2001; referred to Committee on Ways and Means and to

Committee on Energy and Commerce.

H.R. 2190 (McCarthy)

Renewable Energy Production Incentive Reform Act. Authorizes appropriations

for the production tax credit from FY2003 through FY2023 and expands the credit

(Section 1212 of P.L. 102-486) to include landfill gas and incremental hydropower.

Introduced June 14, 2001; referred to Committee on Energy and Commerce,

Subcommittee on Energy and Air Quality.

CRS-8

H.R. 2303 (R. Lewis)

Ethanol and Biodiesel Promotion Act of 2001. Creates a 50% tax credit up to

$50,000 for equipment used with E85 ethanol and neat biodiesel fuels and creates

other tax incentives to increase the sale and use of alcohol and biodiesel fuels.

Introduced June 25, 2001; referred to Committee on Ways and Means.

H.R. 2322 (Watts)

Home and Farm Wind Energy Systems Act of 2001. For wind energy

equipment, creates a 30% tax credit, declining to 10% after tax year 2011. At least

50% of the annual energy produced must be consumed on site. Introduced June 26,

2001; referred to Committee on Ways and Means.

H.R. 2324 (Woolsey)

Renewable Energy and Energy Efficiency Act of 2001. Creates a broad range

of provisions for renewable energy and energy efficiency. Section 3 sets a 20% goal

for non-hydro renewables share of national energy production by 2020. Section 102

sets individual cost reduction goals for wind, photovoltaics, and other renewable

energy technologies; and it also authorizes appropriations for FY2002 through

FY2006. Section 103 sets goals of tripling bioenergy use by 2010, integrating

biomass gasifers with gas turbines and fuel cells, and accelerating the commercial

production of cellulosic ethanol; and it also authorizes appropriations for FY2002

through FY2006. Section 104 directs Department of Energy (DOE) to undertake

resource assessments that would support commercial development of renewables.

Section 201 directs Department of Energy (DOE) to study innovative financing

techniques for renewables. Section 202 directs the Office of Science and Technology

Policy to study and report on regulations that may pose barriers to commercial use

of renewables. Section 203 directs DOE to provide commercialization assistance for

renewables and authorizes appropriations from FY2002 through FY2020. Section

204 creates an educational outreach program and authorizes appropriations from

FY2002 through FY2020. Introduced June 26, 2001; referred to Committee on

Science.

H.R. 2326 (Boehlert)

Renewable Alternative Fuel Vehicle Acceleration Act of 2001. Creates

competitive grant pilot program at DOE for alternative fuel vehicle technology

demonstration and commercial application. Introduced June 27, 2001; referred to

Committee on Science.

H.R. 2358 (Bartlett)

Bioenergy Act of 2001. Authorizes funding for R&D, demonstration, and

commercial applications of bioenergy, including biopower, biofuels, and integrated

bioenergy systems. Introduced June 28, 2001; referred to Committee on Science.

H.R. 2392 (Inslee)

Clean Energy Incentives Act. Provides, expands, or extends tax incentives for

renewable and alternative electric energy, alternative fuels and alternative fuel

vehicles, distributed energy generation, and energy efficiency. Introduced June 28,

2001; referred to Committee on Ways and Means.

CRS-9

H.R. 2407 (Oberstar)

Federal Photovoltaic Utilization Act. Directs Administrator of General Services

to procure photovoltaic solar electric systems for use in public buildings. Introduced

June 28, 2001; referred to Committee on Transportation and Infrastructure. Referred

to the Subcommittee on Economic Development, Public Buildings and Emergency

Management. Subcommittee held hearing on August 1, 2001.

H.R. 2412 (Rahall)

Tribal Energy Self-Sufficiency Act. Promotes tribal energy efficiency, creates

incentives for energy efficiency in federally assistance housing, and provides other

energy measures. Introduced June 28, 2001; referred to Committee on Resources and

to Committees on Energy and Commerce, Ways and Means, Financial Services, and

Agriculture.

H.R. 2423 (Thune)

Renewable Fuels for Energy Security Act of 2001. Requires the sale of fuels

from renewable sources (biodiesel, biogas, biomass ethanol) to constitute an

increasing percentage of total motor vehicle fuel sales (by refiners, blenders,

importers), growing from 0.8% in 2002 to 5.0% in 2016 and thereafter. Introduced

June 28, 2001; referred to Committee on Energy and Commerce.

H.R. 2436 (Hansen)

Energy Security Act. Introduced July 10, 2001; referred to Committees on

Resources and Energy and Commerce. Section102 creates an inventory of certain

biomass resources on federal lands. Title expedites federal action on leases and

modifies royalty provisions for geothermal energy. Resources Committee reported

(H.Rept. 107-160, Part I) July 25, 2001. Energy and Commerce Committee

discharged on July 25. Incorporated into H.R. 4.

H.R. 2460 (Boehlert)

Comprehensive Energy Research and Technology Act of 2001. Title I

authorizes appropriations for alternative fuel (including methanol and hydrogen)

vehicles and distributed energy resources. Title II authorizes appropriations for

renewable energy R&D programs. Introduced July 11; referred to Committee on

Science. Reported (H.Rept. 107-177) July 18. Incorporated into H.R. 4.

H.R. 2478 (Woolsey)

Comprehensive Renewable Energy and Energy Efficiency Act of 2001. Sets

goals and authorizes funding to reduce the manufacturing costs for several types of

renewable energy equipment. Authorizes funding for DOE biomass programs.

Directs DOE to perform renewable energy resources assessment. Introduced July 11,

2001; referred to Committee on Ways and Means and to Committees on Science, and

Energy and Commerce.

H.R. 2496 (M. Udall)

Distributed Power Hybrid Energy Act. Directs DOE to develop a strategy for

research, development, demonstration, and commercial application of distributed

power hybrid energy systems. These systems would employ indigenous, renewable

energy resources and other equipment to minimize the intermittent nature of wind and

solar power production. Introduced July 12, 2001; referred to Committee on Science.

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H.R. 2506 (Kolbe)

Foreign Operations, Export Financing, and Related Programs Appropriations

Bill, FY2002. Appropriates funding for renewable energy and energy efficiency under

programs of the Global Environment Facility (GEF), U.S. Agency for International

Development (AID), Overseas Private Investment Council (OPIC), and other bilateral

and multilateral programs. House Appropriations Committee reported (H. Rept. 107142) July 17, 2001. Passed House July 24. Senate Appropriations Committee

reported (S. Rept. 107-58) September 4, 2001. Conference held November 14.

H.R. 2511 (McCrery)

Amends IRS tax code to create tax incentives. Section 101 creates a residential

solar energy tax credit, Section 102 extends the renewable energy production tax

credit, and Section 104 creates a credit for alternative fuel vehicles. Also, Section

306 extends a tax credit for certain biomass sources. Introduced July 17, 2001;

referred to Committee on Ways and Means. Reported (H.Rept. 107-157) July 24.

Incorporated into H.R. 4.

H.R. 2517 (Bereuter)

Export-Import Bank Reauthorization Act of 2001. Section 12 directs the

Export-Import Bank to promote the export of goods and services related to

renewable energy sources. Introduced July 17, 2001; referred to Committee on

Financial Services. Incorporated into H.R. 2871.

H.R. 2518 (Boehlert)

Clean Green School Bus Act of 2001. Creates pilot program at DOE to provide

grants for the demonstration and commercial application of alternative fuel school

buses. Introduced July 17, 2001; referred to Committee on Science.

H.R. 2587 (Barton)

Energy Advancement and Conservation Act of 2001. Section 201 creates

alternatives to fishway requirements for hydropower projects. Section 202 directs the

Federal Energy Regulatory Commission (FERC) to collect data on time and cost

requirements for parties to hydroelectric licensing processes. Introduced July 10,

2001; referred to Committee on Energy and Commerce. Reported (H.Rept. 107-162,

Part 1) July 25, 2001. Incorporated into H.R. 4.

H.R. 2646 (Combest)

Farm Security Act of 2001. Section 605 provides loan guarantees for renewable

energy equipment and Section 606 broadens the range of renewable energy equipment

eligible for loans. Introduced July 26; referred to Committee on Agriculture.

Reported (H. Rept. 107-191, Parts I, II and III) August 2. Passed House, October

5. [See S. 1731]

H.R. 2774 (Larsen)

Renewable Energy Loan Guarantee Act of 2001. Provides a total of $750

million in small business loan guarantees through 2025 for qualified facilities that

generate electricity for sale in, or affecting, interstate commerce using solar, wind,

biomass, landfill gas, incremental hydropower, or geothermal energy. Introduced

August 2; referred to Committee on Financial Services.

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H.R. 2871 (Bereuter)/S. 1372 (Sarbanes)

Export-Import Bank Reauthorization Act of 2001. Section 13 directs the Bank

to promote the export of goods and services related to renewable energy sources.

Section 21 directs that by 2006, at least 5% of the credit for transactions related to

energy projects shall go renewable energy and energy efficiency. House bill

introduced September 10, 2001; referred to Committee on Financial Services.

Reported (H. Rept. 107-292) November 15. Incorporates H.R. 2517. In Senate,

Committee on Banking, Housing, and Urban Affairs reported (S. Rept. 107-52) bill

on August 3. It does not include provisions for renewable energy and energy

efficiency.

H.R. 3037 (Pallone)

Renewable Energy and Energy Efficiency Investment Act of 2001. Establishes

a national public benefits fund to encourage State programs by providing funding for

renewables, universal electric service, affordable electric service, and energy

conservation and efficiency. Also, creates a renewable energy portfolio standard

starting at 2.5% in 2002 and rising to 20% in 2020; requires net metering for

residential equipment of 100 kilowatts (kw) or less and for commercial equipment of

250 kw or less; and requires disclosure of energy source and emissions for power

generation equipment. Introduced October 4, 2001; referred to Committee on

Energy and Commerce. [See S. 1333]

H.R. 3089 (Terry)

Renewable and Distributed Energy Net Metering Act. Requires net metering for

solar, wind, biomass, and fuel cell generation equipment that are of 200 kw or smaller

size. Introduced October 11, 2001; referred to Committee on Energy and

Commerce.

H.R. 3090 (Thomas)

Economic Security and Recovery Act of 2001. Section 303 extends the

renewable energy production tax credit for two years; section 306 extends the tax

deduction for clean-fuel vehicle facilities for two years; and section 302 extends the

tax deduction for electric vehicles for two years. Introduced October 11, 2001;

referred to Committee on Ways and Means. Reported (H. Rept. 107-251) October

17. Passed House October 24. Senate Finance Committee reported (Committee Print

107-49) an amendment in the nature of a substitute with an amendment to the title

(Economic Recovery and Assistance for American Workers Act) on November 9.

Section 404 of the Senate version would extend renewable energy production tax

credit, for one year, from January 2002 to January 2003. Brought to the floor

November 13. Withdrawn November 14.

H.R. 3099 (Kaptur)

Biofuels Energy Independence Act of 2001. Creates a Biofuels Feedstocks

Energy Reserve and authorizes the Secretary of Agriculture to make and

guarantee loans for the production, distribution, development, and storage of biofuels.

Introduced October 11, 2001; referred to Committee on Energy and Commerce.

H.R. 3406 (Barton)

Electric Supply and Transmission Act. Section 102 establishes a federal net

metering program for small business, residences, schools, churches, farms, and other

CRS-12

retail customers. Solar, wind, and biomass facilities up to 250 kw would qualify.

Section 132 repeals the requirement for utilities to purchase power from renewable

energy generator, as set by the Public Utility Regulatory Policies Act (PURPA).

Introduced December 5, 2001; referred to Committees on Energy and Commerce,

Transportation and Infrastructure, and Resources.

Senate Bills (with House Companions)

S. 71 (Craig)

Hydroelectric Licensing Process Improvement Act of 2001. Modifies the

hydroelectric licensing process by granting FERC authority to better coordinate other

agencies and entities. Introduced Jan. 22, 2001; referred to Committee on Energy and

Natural Resources. Hearing held July 19.

S. 94 (Dorgan)/H.R. 876 (Foley)

Extends the 1.5 cent/kwh electricity production tax credit for wind, closed-loop

biomass, and poultry from 2002 to 2007. Senate bill introduced January 22, 2001;

referred to Committee on Finance. House bill introduced March 6, 2001; referred to

Committee on Ways and Means.

S. 188 (Collins)

Broadens the 1.5 cent/kwh electricity production tax credit to include a variety

of forest, urban, and agricultural biomass in facilities where the biomass comprises

75% or more (on a Btu basis) of the total fuel input. Introduced January 25, 2001;

referred to Committee on Ways and Means.

S. 207 (Smith)

Creates a refundable tax credit for up to 50% of increased residential energy

costs, applicable to residential equipment such as solar water heaters and

photovoltaics. Introduced January 30, 2001; referred to Committee on Finance.

S. 249 (Reid)

Renewable Energy Development Incentives Act. Expands the renewable energy

resources eligible for the 1.5 cent/kwh renewable energy production incentive for

state and local government agencies and non-profit electrical cooperatives. It adds

“incremental” hydropower and broadens biomass to include forest wastes, agricultural

sources, and wood wastes. Further, it would add 0.25 cent/kwh, or 17%, to the

credit for a qualified facility located on Native American land and for a “coproduction” facility that also produces useful heat, mechanical power, or minerals.

Introduced February 6, 2001; referred to Committee on Finance.

S. 293 (Harkin)/H.R. 778 (Cunningham)

Home Energy Assistance Tax Act. Similar to S. 207. Creates a refundable tax

credit for up to 50% of increased residential energy costs, applicable to a variety of

residential equipment, including solar water heaters and photovoltaics. Senate bill

introduced February 8, 2001; referred to Committee on Finance. House bill

introduced February 28, 2001; referred to Committee on Ways and Means.

CRS-13

S. 295 (Kerry)/H.R. 1010 (T. Udall)

Small Business Energy Emergency Relief Act of 2001. Creates a small business

loan program that can support renewable energy. Senate bill introduced Feb. 8, 2001;

referred to Committee on Small Business. Reported (S. Rept. 107-4) March 21.

Passed Senate, amended, March 26. Referred to Committees on Agriculture and

Small Business. House bill introduced March 13, 2001; referred to Committees on

Agriculture and Small Business.

S. 388 (Murkowski)

National Energy Security Act of 2001. For alternative-fuel vehicles, Title VII

proposes an infrastructure credit for state and other fleets and directs federal agencies

to increase the use of alternative fuels to 50% of total volume, and creates grants to

local governments to help cover the incremental cost of vehicles. Also, it proposes

grants for residential use of renewable energy, calls for a national assessment of

renewable energy resources, and proposes reform of the hydropower relicensing

process. Introduced February 26, 2001; referred to Committee on Energy and

Natural Resources. Hearing on renewables provisions held July 19.

S. 389 (Murkowski)

National Energy Security Act of 2001 and Energy Security Tax Policy Act of

2001. Identical to S. 388 except that it adds the tax provisions of the Energy Security

Tax Policy Act of 2001 as Title IX. In Subtitle G on Alternative Fuels, Section 981

creates a tax credit of up to 85% for the incremental cost of alternative-fueled vehicles

that use alcohol fuels or biofuels. Section 983 creates a 25-cent retail sales tax credit

for alternative fuels. For refueling property that supports clean-fueled vehicles,

Section 984 extends a credit from tax year 2004 through 2007, and Section 985 sets

a cap for the value of this credit. In Subtitle H on Renewable Energy, Section 991

expands the production tax credit to include landfill gas, geothermal, incremental

hydropower, municipal solid waste, and additional forms of biomass; and it extends

the credit through tax year 2011. Section 992 creates a 15% investment tax credit for

residential solar and wind energy equipment. Section 993 makes the use of bagasse

(a form of biomass) for energy production at solid waste facilities eligible for taxexempt financing

S. 420 (Grassley)

Energy Emergency Response Act of 2001 (Similar to H.R. 683/S. 352). Section

1404 requires that federal agencies identify and install “practicable renewable energy

measures.” Introduced February 28, 2001; referred to Committee on Judiciary.

Passed Senate, amended, March 15.

S. 465 (Allard)

Residential Solar Energy Tax Credit Act of 2001. Establishes a 15% residential

tax credit for homeowners who purchase photovoltaics and solar thermal equipment.

Introduced March 6, 2001; referred to Committee on Finance.

S. 517 (Bingaman)

National Laboratories Partnership Improvement Act of 2001. Authorizes

funding for NREL for fiscal years 2002 through 2006. Introduced March 12; referred

to Committee on Energy and Natural Resources. Reported (S. Rept. 107-30) June

5, 2001.

CRS-14

S. 530 (Grassley)

Bipartisan Renewable, Efficient Energy with Zero Effluent (BREEZE) Act.

Extends the wind energy production tax credit for five years. Introduced March 14,

2001; referred to Committee on Finance.

S. 552 (Graham)

Transition to Competition in Electric Industry Act. Repeals Section 210 of the

Public Utility Regulatory Policies Act (PURPA, P.L. 96-217). Introduced March 15,

2001; referred to Committee on Energy and Natural Resources.

S. 556 (Jeffords)/H.R. 1256 (Waxman)

Clean Power Act of 2001. Section 132 of Senate bill (Section 2 of House bill)

directs EPA to reduce powerplant air pollution emissions through regulations that

include incentives for renewable energy. Senate bill introduced March 15, 2001;

referred to Committee on Environment and Public Works. Hearings held November

1 and 15. House bill introduced March 27, 2001; referred to Committee on Energy

and Commerce, Subcommittee on Energy and Air Quality.

S. 596 (Bingaman)/H.R. 2108 (Matsui)

Energy Security and Tax Incentive Policy Act of 2001. Modifies tax incentives

for using renewable energy equipment and building design features in the commercial

and residential sectors. Senate bill introduced March 22, 2001; referred to Committee

on Finance. House bill introduced June 7, 2001; referred to Committee on Ways and

Means.

S. 597 (Bingaman)

Comprehensive and Balanced Energy Policy Act of 2001. Permits net metering

and sets a renewables portfolio standard starting at 3% in 2002 and rising to 7.5% by

2010. Introduced March 22, 2001: referred to Committee on Energy and Natural

Resources. Hearing on renewables provisions held July 19.

S. 670 (Daschle)

Renewable Fuels Act of 2001. Eliminates methyl tertiary butyl ether (MTBE)

from the national fuel supply and increases production and use of ethanol. Introduced

March 30, 2001; referred to Committee on Environment and Public Works.

S. 756 (Grassley)

Growing Renewable Energy for Emerging Needs (GREEN) Act. Broadens the

credit for electricity produced from biomass to include forest, wood, and agricultural

wastes. Introduced April 23, 2001; referred to Committee on Finance.

S. 760 (Hatch)/H.R. 1864 (Camp)

Clean Efficient Automobiles Resulting From Advanced Car Technologies

(CLEAR ACT) Act of 2001. Creates tax incentives for alternative vehicles and fuels,

including hydrogen, methanol, and fuel cells. Senate bill introduced April 24, 2001;

referred to Committee on Finance. House bill introduced May 16, 2001; referred to

Committee on Ways and Means.

CRS-15

S. 820 (Wyden)

Forest Resources for the Environment and the Economy Act. Promotes

sustainable forestry to increase carbon storage and to provide opportunities for use

of renewable biomass energy. Introduced May 3, 2001; referred to Committee on

Energy and Natural Resources. Hearing held July 24.

S. 845 (Crapo)

Broadens the renewable energy production tax credit to include agricultural and

animal wastes. Introduced May 8, 2001; referred to Committee on Finance.

S. 883 (Dodd)/H.R. 1830 (Larson)

Energy Independence Act of 2001. Directs Secretary of Energy to prepare a

national plan for energy self-sufficiency and authorizes appropriations for a variety of

accelerated fuel cell demonstration and market transformation programs. Senate bill

introduced May 15, 2001; referred to Committee on Energy and Natural Resources.

Hearing held July 17. House bill introduced June 14, 2001; referred to Committee on

Science, Subcommittee on Energy.

S. 892 (Harkin)

Clean and Renewable Fuels Act of 2001. Amends the Clean Air Act to require

the use of renewable fuels (derived from biomass sources) in all motor fuels, rising

from 1% in 2002 to 3.3% in 2011 and all future years. Introduced May 15, 2001;

referred to Committee on Environment and Public Works.

S. 968 (Clinton)

Healthy and High Performance Schools Act. Establishes program at the

Department of Education to promote energy efficiency and renewable energy in

schools. Similar to H.R. 1129. Introduced May 25, 2001; referred to Committee on

Health, Education, Labor, and Pensions.

S. 1006 (Hagel)

Renewable Fuels for Energy Security Act of 2001. Similar to S. 892. Includes

biodiesel, biogas, biomass, and ethanol from biomass. The percentage requirement

starts with 0.8% in tax year 2002 and rises to 5.0% in 2016 and all future years.

Introduced June 8, 2001; referred to Committee on Energy and Natural Resources.

Field hearing held July 6, 2001. Hearing held July 17.

S. 1053 (Harkin)

Hydrogen Future Act. Reauthorizes and amends the Spark M. Matsunaga

Hydrogen RD&D Act of 1990. Introduced June14, 2001; referred to Committee on

Energy and Natural Resources. Hearing held July 17.

S. 1058 (Hutchinson)

Biodiesel Renewable Fuels Act. Section 2 creates a tax credit for biodiesel

mixtures and blends. Section 3 reduces the excise tax on biodiesel mixtures starting

in tax year 2002. Introduced June 8, 2001; referred to Committee on Finance.

S. 1131 (Leahy)

Clean Power Plant and Modernization Act of 2001. For the production tax

credit, Section 6 adds solar and geothermal equipment and extends the eligibility

CRS-16

period for all technologies for the taxable years from 2002 through 2016. Section 12

authorizes appropriations for renewable energy R&D and demonstration projects for

FY2003 through FY2012. Senate bill introduced June 28, 2001; referred to

Committee on Finance. House bill introduced June 28, 2001; referred to Committee

on Finance. [See H.R. 1335]

S. 1211 (Cantwell)

Clean Renewable Energy Production Incentive Reform Act. Reauthorizes and

revises the Renewable Energy Production Incentive. Introduced July 20, 2001;

referred to Committee on Energy and Natural Resources.

S. 1219 (Grassley)

Providing Opportunities With Effluent Renewable (POWER) Act.. Extends the

renewable electricity production tax credit to include swine and bovine waste

nutrients. Introduced July 23, 2001; referred to Committee on Finance.

S. 1262 (Rockefeller)

National Mathematics and Science Partnerships Act. Provides grants to develop

educational materials for schools on energy conservation, renewable energy, and other

topics. Introduced July 27, 2001; referred to Committee on Health, Education,

Labor, and Pensions.

S. 1333 (Jeffords)

Renewable Energy and Energy Efficiency Investment Act of 2001. Includes

20% renewable energy portfolio standard (RPS). Also, enhances the benefits of the

national electric system by encouraging and supporting state programs for renewable

energy sources, universal electric service, affordable electric service, and energy

conservation and efficiency. Senate bill introduced August 2, 2001; referred to

Committee on Energy and Natural Resources. [See H.R. 3037]

S. 1358 (Bayh)

Federal Facility Energy Management Act of 2001. Establishes an Office of

Federal Energy Productivity at DOE to expand markets for renewable energy and

energy efficiency. Creates programs and incentives to encourage use of renewables

in federal facilities, including a Federal Energy Bank that allows up to 25% of its

funding to be used for renewable energy. Introduced August 3, 2001; referred to

Committee on Energy and Natural Resources.

S. 1566 (Reid)

Renewable Energy Incentives Act. Increases the electricity production tax credit

to 1.8 cents/kwh; expands eligible resources to include solar, open loop biomass,

geothermal, incremental hydropower, landfill gas, and animal waste. Extends credit

to state and local governments and to nonprofit organizations. Makes the credits

tradable. Introduced October 18, 2001; referred to Committee on Finance.

S. 1731 (Harkin)

Farm Aid Bill (Agriculture, Conservation, and Rural Enhancement Act). Title

IX (p. 816-875) has several renewable energy provisions. Section 902 requires

federal purchases of biobased products, biofuels development, and biodiesel

education. It also provides renewable energy loans (up to $10 million) and grants (up

CRS-17

to $200,000). Section 903 extends the Biomass R&D Act of 2000 (P.L. 106-224)

through FY2006 and mandates a $15 million per year appropriation for each year

from FY2002 through FY2006. Section 904 provides technical and financial

assistance, loans, and loan guarantees for renewable energy development by rural

electric cooperatives. Section 905 addresses measures to sequester carbon and

reduce greenhouse gas emissions. Section 906 directs the Department of Agriculture

to promote renewable fuels production. Section 907 continues and expands the

bioenergy program at the Dept. of Agriculture. Reported in lieu of S. 1628 on

November 27, 2001. Committee on Agriculture, Nutrition, and Forestry filed written

report (S. Rept. 107-117) on December 7. Considered on the Senate floor December

13. [See H.R. 2646]

S. 1766 (Bingaman)

Energy Policy Act of 2002. There are many provisions for renewables

throughout the bill. Under Title II on Electricity, Subtitle C, Section 244 would

repeal PURPA power purchase requirements for renewable energy facilities and

Section 245 would allow net metering at residences (up to 10 kw) and at businesses

(up to 500 kw). Under Subtitle E on renewable energy, Section 261 extends the

production incentive for state and local governments, Section 262 calls for an national

assessment of resources to be conducted annually, Section 263 requires federal

purchases of power from renewables to grow from 3% in 2003 to 7.5% in 2010,

Section 264 authorizes $20 million for rural construction grants, Section 265 creates

a 10% renewables portfolio standard, and Section 266 calls for a wind/solar pilot

project on federal land. Title III establishes hydroelectric relicensing procedures.

Under Title IV on Indian Energy, Section 406 calls for a report on renewable energy

development potential, and Section 408 creates a feasibility study for a

wind/hydropower demonstration project. Under Title VIII on Fuels, Subtitle B,

Section 811 requires federal fleets to increase use of alternative fuels, Section 817

creates a biodiesel fuel use credit, and Section 818 prescribes a renewable content for

motor vehicle fuel. Under Title XII on R&D, Subtitle B, FY2003-FY2006 funding

is authorized in Section 1221 for renewable energy R&D programs, in Section 1222

for biopower and biofuels technology programs, and in Section 1223 for hydrogen

R&D programs. Under Title XIII on Climate Change, Subtitle C, Section 1321

authorizes such sums as needed for export programs, and Section 1322 authorizes an

international technology deployment program to support cost-shared pilot projects

in developing countries. Introduced December 5, 2001; placed on Senate Calendar.

Congressional Hearings, Reports, and Documents

U.S. Congress. House. Committee on Small Business. Subcommittee on Rural

Enterprises, Agriculture, and Technology. Renewable Fuels. Hearing held July

24, 2001. [Serial No. 107-21] 65 p.

[http://www.house.gov/smbiz/hearings/107th/2001/010724a/index.html]

U.S. Congress. Senate. Committee on Energy and Natural Resources. S. 1006,

Renewable Fuels for Energy Security Act of 2001. Field hearing held July 6,

2001. [http://www.senate.gov/~energy/]

CRS-18

U.S. Congress. House. Committee on Energy and Commerce. Subcommittee on

Energy and Air Quality. National Energy Policy Report of the National Energy

Policy Development Group. Hearing held June 13, 2001. [Serial No. 107-47]

74p.

[http://energycommerce.house.gov/107/hearings/06132001Hearing271/hearing.htm]

U.S. Congress. House. Committee on Ways and Means. Subcommittee on Select

Revenue Measures. Effect of Federal Tax Laws on the Production, Supply, and

Conservation of Energy. Hearings held May 3, June 12, and June 13, 2001.

[Serial Nos. 107-19, 107-25, 107-27] 350 p.

[http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_house_hearings

&docid=f:74221.wais]

U.S. Congress. House. Committee on Energy and Commerce. Subcommittee on

Energy and Air Quality. Congressional Perspectives on Electricity Markets in

California and the West and National Energy Policy. Hearing held March 6,

2001.

[http://energycommerce.house.gov/107/hearings/03062001Hearing44/hearing.htm]

U.S. Congress. House. Committee on Science. The Nation’s Energy Future: Role

of Renewable Energy and Energy Efficiency. Hearing held February 28, 2001.

[http://www.house.gov/science/full/fchearings.htm]

U.S. Congress. Senate. Committee on Energy and Natural Resources. California's

Electricity Crisis and Implications for the West. Hearing held January 31, 2001.

[http://www.senate.gov/~energy/]

CRS Reports

CRS Report RL31205. Energy Efficiency and Energy Conservation Legislation in

the 107th Congress, by (name redacted).

CRS Report RL31205. Climate Change and Relevant Legislation in the 107th

Congress, by Brent Yacobucci.

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