National Energy Security Act of 1991

Summary

National Energy Security Act of 1991 - Title I: Findings and Purposes - Sets forth the energy efficiency and development purposes of this Act. Title II: Definitions - Sets forth definitions used in this Act. Title III: Energy Efficiency - Subtitle A: Industrial, Commercial, and Residential - Amends the Energy Conservation and Production Act (ECPA) to mandate that the construction of new public housing units comply with energy efficiency performance standards. Amends the National Energy Conservation Policy Act (NECPA) to direct the Secretary of Energy (the Secretary) to: (1) promulgate guidelines for State government procedures that would enable the assignment of energy efficiency ratings to residential buildings; (2) establish a technical assistance program for State or local organizations adopting residential energy efficiency rating systems; and (3) undertake joint ventures to encourage commercialization of technologies developed in a research and development program intended to improve energy efficiency and productivity in energy intensive industries and industrial processes. Authorizes appropriations. Requires the Secretary to report triennially to the Congress on energy efficiency policy options that would decrease domestic oil and energy consumption by specified percentages. Amends the Energy Security Act to repeal provisions regarding energy targets. Directs the Secretary to: (1) establish voluntary guidelines for energy efficiency audits of industrial facilities and insulation in such facilities; (2) conduct an education and technical assistance program to promote the use of such guidelines; and (3) report on them annually. Authorizes appropriations. Directs the Secretary to provide financial and technical assistance to support the voluntary development of a national program to establish energy efficiency ratings for windows. Authorizes appropriations. Directs the Administrator of the Energy Information Administration to expand the scope and frequency of certain energy efficiency data and to report on it annually to the Congress. Directs the Secretary of Energy to provide financial and technical assistance to support voluntary development of a national energy efficiency rating program for lamps and luminaries. Directs the Federal Trade Commission to prescribe labeling rules for them. Authorizes appropriations. Amends the Energy Policy and Conservation Act (EPCA) to direct the Secretary to report to the Congress concerning evaluations of: (1) electric lights and utility distribution transformers; and (2) minimum energy efficiency performance standards of electric motors and pumps. Subtitle B: Federal Energy Management - Amends NECPA to prescribe energy management requirements for energy conservation and efficiency in Federal buildings. Directs the Administrator of the General Services Administration: (1) to conduct an analysis of significant energy consuming products in the Federal Supply Schedule; and (2) to develop a method to identify products which offer cost-effective opportunities to reduce energy consumption and costs. Requires the Administrator of the General Services Administration to consider fuel efficiency and cost savings when evaluating bids for the purchase of passenger vehicles and light trucks. Directs the Secretary to report to the Congress on: (1) the funding of Federal energy efficiency projects; and (2) a biennially updated demonstration plan for energy efficiency and renewable energy technologies in Federally-owned facilities. Authorizes appropriations. Subtitle C: Utilities - Amends the Public Utility Regulatory Policies Act of 1978 to permit State-regulated electric utilities to charge rates that will make their investments in energy efficiency and conservation measures as profitable as their investments in new facilities construction. Requires the Secretary to report to the President and the Congress on: (1) the extent to which State-regulated electric utility rates reflect least-cost planning; (2) specified effects of least-cost planning; and (3) the extent to which ratemaking methodologies implementing least-cost planning take into account the impact of such measures upon electric utilities' rate of return on investment. Prescribes guidelines for conservation grants to State regulatory authorities. Authorizes appropriations. Subtitle D: Used Oil Energy Production - Amends EPCA to prescribe market incentive guidelines for the reuse of used oil. Authorizes appropriations. Requires the Secretary to report annually to the Congress on the implementation of the recycled oil program. Subtitle E: Insular Areas Energy Assistance - Sets forth guidelines for Federal financial assistance to Insular area governments for renewable energy and energy efficiency measures to reduce their dependence on imported fuels. Authorizes appropriations. Title IV: Renewable Energy - Subtitle A: CORECT - Amends the EPCA to name a certain interagency working group the Committee on Renewable Energy Commerce and Trade (CORECT). Requires CORECT: (1) to promote the export of United States renewable energy and energy efficiency products and technologies; (2) to promote the development and application in lesser-developed countries of renewable energy and energy efficiency resource technologies; and (3) to provide in-country technical training and financial assistance. Authorizes CORECT to establish renewable energy industry outreach offices in the Pacific Rim and in the Caribbean Basin. Requires the Secretary to report biennially to the Congress on the range of energy efficiency and renewable energy technologies available to meet the energy needs of developing countries. Authorizes appropriations. Subtitle B: Renewable Energy Initiatives - Amends the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 to direct the Secretary to solicit proposals and provide financial assistance for joint ventures with respect to: (1) oil and diesel fuel displacement using specified renewable energy sources; and (2) training individuals from developing countries in the United States in the operation and maintenance of renewable energy equipment and of energy efficiency equipment. Authorizes appropriations. Directs the Secretary to report to certain congressional committees an evaluation of opportunities to minimize waste from processes in the U.S. industries. Subtitle C: Hydropower - Prohibits any State or interstate water pollution control agency from making as a prerequisite to certification any requirements not needed to ensure that discharges resulting from a hydroelectric project will comply with statutory requirements. Amends the Federal Power Act to direct the Federal Power Commission, when issuing a hydroelectric power project licenses, to consider the recommendations of the Secretary under whose supervision the project reservation falls concerning its adequate protection and utilization. Exempts from application of the Federal Power Act any project with a power production capacity of 1500 kilowatts or less. Requires the Secretary to study and report to certain congressional committees on cost-effective opportunities to increase hydropower production at existing federally-owned or operated water regulation, storage, and conveyance facilities. Authorizes appropriations. Title V: Coal Technology and Electricity - Subtitle A: Coal and Coal Technology - Requires the Secretary to: (1) conduct an advanced coal-based technology research and development program aimed at controlling sulfur and nitrogen oxides at greater proficiency levels; (2) periodically report to the Congress on the program's status; (3) conduct a research and development plan with respect to technologies for non-fuel use of coal; and (4) submit to certain congressional committees a plan for the export of U.S. coal. Establishes the Clean Coal Technology Export Coordinating Council (Council) to: (1) expand the export and use of clean coal technologies (especially in lesser developed countries); and (2) develop a comprehensive data base and information dissemination system regarding their potential need and availability. Requires the Secretary to: (1) report to certain congressional committees regarding the status of technologies for combining coal with other materials; and (2) conduct a research, development, and demonstration program for utilizing "ultra-clean coal-water slurry" in diesel locomotive engines. Authorizes appropriations. Directs the Secretary to: (1) establish a data base containing all transportation rates for specified modes of transporting domestic coal for a certain period; (2) study the rates and distribution patterns of domestic coal to determine the impact of Federal policies upon such patterns; and (3) report the data base and study results to the Congress. Subtitle B: Electricity - Declares that for purposes of the Clean Air Act certain physical or operational changes to an electric utility steam generating unit undertaken for purposes of pollution control shall not be treated as a modification if the change does not increase the potential emission of the specific regulated pollutant above the pre-existing potential. Sets conditions for finding such a unit in compliance with technology requirements regarding nitrogen oxide emissions. Requires the Secretary to study and report to the Congress on physical impediments to the transfer of excess electrical energy from regions with surplus electrical energy to those experiencing shortages. Title VI: Research, Development, Demonstration and Commercialization Activities - Directs the Secretary to: (1) establish priorities according to prescribed criteria for energy research and development and commercialization; and (2) submit to the Congress an accompanying management plan which shall be revised biennially. Requires the Secretary to implement a program: (1) promoting the development and commercialization of new and advanced natural gas utilization technologies; (2) of research and development to increase the recoverable natural gas resource base; and (3) of research, development, and commercialization of specified high efficiency heat engines. Authorizes appropriations. Title VII: Strategic Petroleum Reserve - Amends the EPCA to direct the Secretary to implement a program for ensuring that: (1) crude oil stored at the Strategic Petroleum Reserve will be increased at a specified daily rate; and (2) the petroleum product needs of the Department of Defense will be met by requiring importers to provide petroleum products according to prescribed percentage guidelines. Title VIII: Outer Continental Shelf - Amends the Outer Continental Shelf Lands Act to add a new title: the "Coastal State and Community Outer Continental Shelf Impact Assistance Act". Establishes the Coastal State and Community Outer Continental Shelf Impact Assistance Fund, to be funded by a specified percentage of all new revenue attributable to an Outer Continental Shelf lease any part of which is within 200 geographical miles of the coast line. Directs the Secretary of the Interior to transmit impact assistance from such Fund annually to coastal States according to prescribed guidelines. Requires a recipient coastal State to prioritize allocation of such revenue among its subdivisions which are socially or economically impacted by Outer Continental Shelf mineral development. Directs the Secretary to report to certain congressional committees on the availability of Outer Continental Shelf areas for oil and gas leasing, development and production. Title IX: Oil and Gas Leasing in the Arctic National Wildlife Refuge - Subtitle A: Statement of Purpose and Policy and Definitions - Declares that it is the congressional purpose to: (1) authorize competitive oil and gas leasing development on the Arctic Coastal Plain in a manner consistent with environmental and wildlife protection; and (2) provide a new funding source for energy-related projects to enhance energy security and reduce dependence on imported oil. Subtitle B: Congressional Determination of Compatibility - Declares that it is congressional policy that oil and gas activities on the Coastal Plain which are conducted with no significant adverse impact upon fish, wildlife, and the environment shall be deemed compatible with the purpose of the Arctic National Wildlife Refuge, and that no further compatibility findings by the Secretary of the Interior (the Secretary) are required under the National Wildlife Refuge System Administration Act. Subtitle C: Coastal Plain Competitive Leasing Program - Directs the Secretary to establish and implement a competitive oil and gas leasing program that will result in an environmentally sound program for Coastal Plain resources exploration, development, and production. Declares that this title is the sole authority for leasing on the Coastal Plain. Directs the Secretary to promulgate rules and regulations to implement this title. Declares that the Congress finds that the "Final Legislative Environmental Impact Statement" (April 1987) on the Coastal Plain satisfies the legal requirements under the National Environmental Policy Act of 1969. Sets forth the administrative parameters for: (1) lease sales and lease terms; (2) antitrust review by the Attorney General; (3) exploration and development and production plans; (4) plan approval; (5) bonding requirements; and (6) lease suspension and cancellation. Allows the Secretary to cancel leases in any areas of particular environmental sensitivity. Requires the Secretary's consent for lease assignments or subletting. Mandates that lessees unite to the greatest extent practicable in collectively adopting and operating under a cooperative or unit plan for oil pools and gas fields. Provides for the confidentiality of privileged or proprietary information regarding development activities which must be furnished to the Secretary. Sets forth civil and criminal penalties for violations of this title. Provides for adjudication of lease controversies. Sets forth joint, several, and strict liability for environmental damages and removal costs resulting from oil pollution or the discharge of hazardous substances. Provides for judicial review of complaints regarding regulations issued by the Secretary. Requires the Secretary to report annually to the Congress regarding the leasing program under this Act. Repeals certain limitations applicable to subsurface interests owned by the Inupiat Eskimo people. Provides for expedited judicial consideration of any claims for relief by certain Alaskan corporations. Subtitle D: Coastal Plain Environmental Protection - Directs the Secretary to promulgate environmental protection regulations which ensure that Coastal Plain activities will result in no significant adverse effect on fish and wildlife, their habitat, and the environment. Requires site-specific assessment and mitigation. Designates the Sadlerochit Spring area as a special area for wildlife conservation and environmental protection. Authorizes the Secretary to exclude such area from leasing and to designate other Coastal Plain areas as special areas requiring protection. Directs the Secretary to prepare and periodically update a facilities construction and siting plan for oil and gas development and transportation. Authorizes the Secretary to grant rights-of-way and easements across the Coastal Plain in a manner that does not adversely affect fish, wildlife, and the environment. Requires the Secretary to conduct additional studies to monitor the human, marine, and coastal environments. Directs the Secretary to promulgate regulations providing for bi-annual facility inspections for compliance with environmental and safety regulations. Provides funding for a ten-year period for environmental monitoring and enforcement on the Coastal Plain. Requires the Administrator of the Environmental Protection Agency to: (1) consult with the Department of Transportation and the State of Alaska about the State's role in monitoring and enforcing the Hazardous Materials Transportation Act; and (2) report annually to the Congress regarding the environmental monitoring activities. Subtitle E: Land Reclamation and Reclamation Liability Fund - Makes leaseholders fully responsible and liable for land reclamation within the Coastal Plain and other Federal lands adversely affected by lease activities. Requires establishment of the Coastal Plain Liability and Reclamation Fund within six months of a commercial discovery within the Coastal Plain. Directs the Secretary to collect fees based upon the crude oil volume entering the trans-Alaska pipeline. Prescribes revenue collection and expenditure procedures. Subtitle F: Disposition of Oil and Gas Revenues - Sets forth an allocation schedule for revenue distribution related to oil and gas leasing within the Arctic National Refuge, Alaska. Mandates that revenues distributed to the United States from such oil and gas leases be deposited into the Energy Security Fund. Directs the Secretary of the Treasury to make such funds directly available to the Secretary of Energy for a list of specified energy projects transmitted to the Congress as part of the first budget submitted by the President following the initial deposit of funds in the Energy Security Fund. Subtitle G: Export Restrictions - Prohibits the export of crude oil produced from Coastal Plain lands except in specified circumstances. Title X: Natural Gas - Provides that for purposes of the Natural Gas Act a certificate of public convenience and necessity is not required for the construction of a transportation service facility. Requires the Federal Energy Regulatory Commission (FERC) to issue a certificate of public convenience and necessity for such transportation service immediately upon initiation of transportation service rendered by such a facility. Prescribes administrative procedures for rate schedules, accounts and records, and rate base treatment. Amends the Natural Gas Policy Act of 1978 to authorize FERC to permit: (1) any interstate pipeline to transport natural gas; and (2) the construction of natural gas transportation facilities for interstate commerce. Outlines administrative procedures for FERC compliance with the requirements of the National Environmental Policy Act (NEPA) with respect to natural gas transportation. Declares FERC the lead agency for NEPA compliance purposes. Sets forth administrative procedures for rates and charges, utilization of rulemaking procedures, and review of FERC orders. Declares that the formation or operation of an independent producer cooperative shall only be an illegal antitrust law violation if anticompetitive effects substantially outweigh the procompetitve effects. Outlines the scope of State jurisdiction over persons with service area determinations with respect to vehicular natural gas sales for resale and for transportation. Title XI: Transportation and Alternative Fuels - Motor Vehicle Fuel Efficiency Act of 1991 - Subtitle A: Corporation Average Fuel Economy - Amends the Motor Vehicle Information and Cost Savings Act to direct the Secretary of Transportation to prescribe average fuel economy standards for passenger automobiles and light trucks manufactured in model years 1996 through 2001, and for those manufactured in model years 2002 and thereafter. Requires such Secretary to determine the maximum feasible average fuel economy achievable according to prescribed formulas for passenger automobiles, light trucks, or class of light trucks manufactured during such model years. Provides that credits for exceeding average fuel economy standards may be transferred among manufacturers and among vehicle classes of a manufacturer. Requires the Secretary of Transportation to issue rules implementing such a credit trading system. Grants average fuel economy credits for small passenger automobiles manufactured with airbags for either driver seating position only, or for both the driver and front seat outboard seating positions. Directs the Secretary of Energy to distribute at least 100 explanatory booklets each year to every dealer and an additional number if requested. Requires the Secretary of Transportation to assess an excessive fuel consumption fee upon a manufacturer whose average fuel economy does not meet certain statutory standards. Replaces civil penalties for such non-compliance with the excessive fuel consumption fee according to prescribed guidelines. Establishes the Excessive Fuel Consumption Fund. Authorizes the Secretary of Energy to make payments from the Fund for purposes of: (1) providing financial assistance to State programs encouraging voluntary removal from the marketplace of pre-1980 model-year automobiles; and (2) funding other energy conservation programs. Requires the Secretary of the Treasury to report annually to the Congress regarding the Fund's financial condition and operations. Requires the Secretary of Energy to adopt rules necessary to review and approve State programs that qualify for financial assistance for the older vehicle scrappage program. Mandates that as a prerequisite to Federal assistance at least 50 percent of scrappage program costs be paid from non-Federal funds. Subtitle B: Alternative Fuels - Authorizes the Secretary of Transportation to enter into cooperative agreements and joint ventures with local or regional transit authorities in urban areas of over 100,000 population to demonstrate the feasibility and safety of using natural gas or other alternative fuels for mass transit. Mandates that as a prerequisite to such a cooperative agreement or joint venture at least 25 percent of the demonstration costs be borne by the local or regional transit authority. Authorizes the Secretary to grant priority to any entity that demonstrates that the use of alternative fuels for mass transit would have a signficant effect on the ability of an air quality region to comply with regulations governing ambient air quality. Authorizes appropriations. Directs the Secretary of the Department of Labor to implement a technician training and certification program for the vehicle installation of equipment that converts gasoline or diesel-fueled vehicles to run solely on alternative fuels. Authorizes appropriations. Subtitle C: Electric Vehicle Technology Development and Demonstration - Electric Vehicle Technology Development and Demonstration Act of 1991 - Directs the Secretary of Energy to: (1) identify by a specified deadline the nonattainment areas in which conventionally fueled vehicles contribute significantly to that nonattainment and in which the use of electric vehicles could contribute to attainment of National Ambient Air Quality Standards; (2) designate nonattainment areas eligible to participate in a specified electric vehicle research and demonstration program; (3) solicit applications from manufacturers to sell, warranty, and service electric vehicles in eligible nonattainment areas; and (4) report to the Congress on the program's status. Authorizes appropriations. Title XII: Advanced Nuclear Reactor Commercialization - Civilian Advanced Nuclear Reactor Commercialization Act of 1991 - Directs the Secretary of Energy to implement a comprehensive program to encourage the deployment of advanced nuclear reactor technologies according to specified guidelines, including appropriate steps for development and submission for certification by the Nuclear Regulatory Commision (NRC) of completed standard designs for commercial nuclear reactors (or their components). Requires the Secretary to report annually to the Congress on progress in certifying standard designs and setting forth certification program plans. Requires the Secretary to report to the Congress on the results of public meetings implemented to develop information upon which to base decisions with respect to the commercialization of advanced nuclear reactor technologies. Outlines the parameters within which the Secretary must: (1) encourage siting, financing, licensing, construction, and operation of facilities for the generation of commercial electric power from nuclear fission in regions where a need for additional electric generating capacity exists; and (2) commercialize promising advanced nuclear reactor technologies for commercial electric power generation. Authorizes appropriations. Restricts appropriations to those specifically set forth under this Act. Requires the NRC to recommend to the Congress legislative changes found necessary for timely licensing consistent with public safety of commercial nuclear power reactors. Requires the Secretary to report to the Congress on: (1) his assessment of commercial nuclear reactor technologies in use or under development in other nations; and (2) the annual status of the advanced nuclear reactor commercialization program. Title XIII: Nuclear Reactor Licensing - Nuclear Reactor Licensing Act of 1991 - Amends the Atomic Energy Act of 1954 to require the NRC to hold a hearing before granting a combined license to construct and operate a nuclear reactor. Title XIV: Uranium - Subtitle A: Uranium Enrichment - Uranium Enrichment Act of 1991 - Amends the Atomic Energy Act of 1954 to repeal the existing statutory contracting requirements applicable to uranium enrichment enterprises. Establishes the United States Enrichment Corporation as a wholly-owned Government corporation to conduct uranium marketing and enrichment activities as a commercial, profitable, self-financing enterprise. Sets forth the Corporation's corporate office and powers and vests its management in an Administrator (appointed by the President with the advice and consent of the Senate). Grants the Secretary of Energy (the Secretary) general supervision over such Administrator only with respect to national security and health and environmental concerns. Establishes a Corporate Board whose members shall be appointed by the President, and who shall advise the Administrator and the Secretary regarding Corporation matters. Prescribes guidelines for: (1) Corporation personnel; (2) certain property transfers from the Department of Energy; (3) the Corporation's capital structure; and (4) Corporation pricing policies, including user charges for decommissioning, decontamination, and remedial activities. Requires the Corporation to make annual status reports to certain congressional committees, the President, and the Secretary. Prescribes licensing and taxation guidelines for the Corporation. Sets guidelines for payments in lieu of taxes by the Corporation to States and local governments. Requires the Administrator to make recommendations to the President and the Congress by specified dates regarding the transfer of the Corporation's functions and assets to private ownership. Establishes the Uranium Enrichment Decontamination and Decommissioning Fund to cover the Corporation's decommissioning and decontamination expenses. Applies Federal environmental and occupational safety and health law to the Corporation as though it were privately owned. Exempts the Corporation from sequestration because the maximum deficit amount has been exceeded under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Prohibits the Corporation's total FY 1991 expenditures from exceeding its total FY 1991 receipts. Subtitle B: Uranium - Uranium Security and Tailings Reclamation Act of 1991 - Sets forth findings, purposes, and definitions of this title. Directs the Corporation to establish for a minimum five-year period a voluntary overfeeding program to be made available to its enrichment services customers. ("Overfeeding" means the use of uranium in the enrichment process in excess of the amount required at the transactional tails assay, thus reducing customers' power costs). Provides that the resultant savings shall be credited to such customers. Establishes the National Strategic Uranium Reserve, consisting of 50,000,000 pounds of natural uranium, to be restricted to military purposes and Government research under the control of the Secretary. Confers continuing responsibility upon the Secretary for promotion of the domestic uranium industry, but without using any supervisory authority over the Corporation. Directs the Secretary to develop recommendations and implement Government programs promoting domestic uranium exports. Restricts all uranium purchases by Federal entities to uranium purchased from domestic producers. Exempts the Tennessee Valley Authority from such restriction. Subtitle C: Remedial Action for Active Processing Sites - Provides that remedial action costs such as decontamination, decommissioning, and reclamation at an active uranium or thorium processing site shall be borne by specified licensees for any activity resulting in byproduct material. Sets forth a reimbursement schedule for: (1) individual active site uranium licensees; (2) all active site uranium licensees; and (3) thorium licensees. Directs the Secretary to promulgate regulations governing such reimbursement. Authorizes appropriations. Title XV: Public Utility Holding Company Act Reform - Defines an "exempt wholesale generator" (EWG) as a corporate entity engaged exclusively in the business of selling electric energy at wholesale (including ownership or operation of electric energy production facilities). Requires approval of certain rates or charges by the State commission having jurisdiction over them with respect to rates or charges for facility construction or electric production. Declares that an EWG shall not be considered an "electric utility company" under the Public Utility Holding Company Act of 1935 (PUHCA) (thus exempting it from coverage by such Act). Permits holding companies that are exempt under PUHCA to: (1) own and maintain an interest in one or more EWGs; and (2) acquire and hold securities in one or more EWGs. Retains Securities and Exchange Commission jurisdiction over specified securities activities by a registered holding company with respect to EWGs. Declares that ownership of one or more EWGs shall not result in the owner's being considered as primarily engaged in the sale of generation of electric power under the Federal Power Act (thus ensuring that a non-utility company which acquires an EWG is not required to divest itself of certain business interests in "qualifying facilities" - small power production facilities or cogeneration facilities). Permits the filing of a declaration by an electric utility company that it intends to avoid purchasing electric energy from EWGs. Makes such declaration irrevocable for up to a ten-year period. Prohibits such company from: (1) purchasing electric energy from any EWG during such period; (2) acquiring or owning an interest in the business of an EWG during such period; or (3) offering to sell electric energy from an EWG in whose business it would acquire or own an interest after such declaration expires.

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• Introduced in Senate (text)

  Introduced in Senate · EN

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• Introduced in Senate

  summary · EN · 5 February 1991

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