Order Code RL32860
CRS Report for Congress
Received through the CRS Web
Energy Efficiency and Renewable Energy
Legislation in the 109th Congress
April 12, 2005
Fred Sissine
Specialist in Energy Policy
Resources, Science, and Industry Division
Congressional Research Service ˜ The Library of Congress

Energy Efficiency and Renewable Energy Legislation
in the 109th Congress
Summary
This report reviews the status of energy efficiency and renewable energy
legislation introduced during the 109th Congress. It summarizes action on more than
50 energy efficiency and renewable energy bills. These bills cover a wide range of
policy and issue areas that include appropriations, authorizations, research and
development, grants, loans, financing, regulation (including a renewable portfolio
standard), tax credits, goals, plans, impacts, and the environment/climate change. So
far, most of these bills have focused on tax credits and incentives. The bills also
cover a range of sectors that include buildings, defense, education, federal lands/
energy management, farms, American Indians, and international activities. Thus far,
the sector of federal lands/energy management has generated the greatest number of
bills.
The bills are also categorized by type of renewable resource, type of energy
efficiency measure, and technology. There is a broad range of efficiency measures
and technologies, including cogeneration (combined heat and power), distributed
generation, net metering, equipment and appliance standards, fuel economy
standards, and transportation efficiency. The bills are fairly evenly distributed among
these areas. There is also a broad range of renewable energy resources and
technologies, including alcohol fuels, biofuels, biodiesel, biopower, biomass,
geothermal, hydrogen, hydropower, solar, and wind. So far, the areas of fuels and
wind energy have generated the greatest number of bills.
Action in the first session has focused on the discussion draft of the House
omnibus energy policy bill (for which bill number H.R. 6 has been reserved). Except
for tax provisions, which have yet to be addressed, the renewable energy provisions
of the discussion draft of the House bill contained many, if not most, of the
renewable energy recommendations in the conference report on H.R. 6 from the 108th
Congress. However, the Energy and Commerce Committee’s committee print issued
in early April dropped many of these provisions. At the start of the committee’s
April markup, the committee print contained provisions that would authorize or
reauthorize many programs, establish new commercial and consumer product
efficiency standards, set new goals for efficiency and renewables in federal facilities
and fleets, expand the Environmental Protection Agency’s (EPA’s) Energy Star
products program, reform hydropower relicensing, expand programs for hydrogen
fuel cell buses, and set a renewable fuels standard for increased use of ethanol and
biodiesel.
Other action in the first session has focused on the Transportation Equity Act
(H.R. 3), which has some provisions on clean (renewable) fuels, energy conservation,
and advanced vehicle technologies.
For each bill listed in this report, a brief description and a summary of action are
given, including references to committee hearings and reports. Also, a selected list
of hearings on renewable energy is included. This report will be updated
periodically.

Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
House Bills (with Senate Companions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Senate Bills (with House Companions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Congressional Hearings, Reports, and Documents . . . . . . . . . . . . . . . . . . . . . . . 18
CRS Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
List of Tables
Table 1. Action on Energy Efficiency and Renewable Energy Legislation,
109th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Table 2. Energy Efficiency and Renewable Energy Bills by Topic,
109th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Energy Efficiency and Renewable Energy
Legislation in the 109th Congress
Introduction
This report summarizes action on more than 50 energy efficiency and renewable
energy bills introduced during the 109th Congress.1 These bills cover a wide range
of policy and issue areas that include appropriations, authorizations, research and
development, grants, loans, financing, regulation (including a renewable portfolio
standard), tax credits, funding, goals, plans, impacts, and the environment/climate
change. So far, most of these bills have focused on tax credits and incentives. The
bills also cover a range of sectors, including buildings, defense, education, federal
lands/energy management, farms, American Indians, and international activities.
Thus far, the sector of federal lands/energy management has generated the greatest
number of bills. Table 2 groups the bills by topic.
The bills are also categorized by type of renewable resource, type of energy
efficiency measure, and technology. There is a broad range of efficiency measures
and technologies, including cogeneration (combined heat and power), distributed
generation, net metering, equipment and appliance standards, fuel economy
standards, and transportation efficiency. The bills are fairly evenly distributed among
these areas. There is also a broad range of renewable energy resources and
technologies, including alcohol fuels, biofuels, biodiesel, biopower, biomass,
geothermal, hydrogen, hydropower, solar, and wind. So far, the areas of fuels and
wind energy have generated the greatest number of bills.
In the first session, initial action has focused on the discussion draft of the
House omnibus energy policy bill (for which H.R. 6 has been reserved). Except for
tax provisions, which have yet to be addressed, the renewable energy provisions of
the discussion draft of the House bill contained many, if not most, of the renewable
energy recommendations in the conference report on H.R. 6 from the 108th Congress.
However, the Energy and Commerce Committee’s committee print issued in early
April dropped several provisions, such as photovoltaics in public buildings,
geothermal leasing on federal lands, energy efficiency in federal housing for
American Indians, conserve by bicycling, and neighborhood electric vehicles.
At the start of the April markup, the committee print contained provisions that
would authorize or reauthorize several energy efficiency and renewable energy
programs. It also would establish several new commercial and consumer product
efficiency standards, set new goals for energy efficiency and renewable energy in
1 This report is intended to complement and support CRS Issue Brief IB10020, Energy
Efficiency: Budget, Oil Conservation, and Electricity Conservation Issues
; and CRS Issue
Brief IB10041, Renewable Energy: Tax Credit, Budget, and Electricity Production Issues.

CRS-2
federal facilities and fleets, expand the Energy Star products program, reform
hydropower relicensing, expand programs for hydrogen fuel cell buses, and set a
renewable fuels standard for increased use of ethanol and biodiesel.

Other action in the first session has focused on the Transportation Equity Act
(H.R. 3), which has some provisions on clean (renewable) fuels, energy conservation,
and advanced vehicle technologies. Action on these bills is summarized in Table 1.
For each bill listed in this report, a brief description and a summary of action are
given, including references to committee hearings and reports. Also, a selected list
of hearings on energy efficiency and renewable energy is included.
Table 1. Action on Energy Efficiency and
Renewable Energy Legislation, 109th Congress
Bill
Category
Action
Date
H.R. 6
Omnibus energy bill
Markup
4/6/2005
H.R. 1158
Steel and aluminum energy
Reported
3/17/2005
conservation reauthorization bill
H.R. 3
Transportation equity bill
Passed House
3/10/2005
Reported
3/8/2005
H.R. 610
Energy R&D authorization bill
Reported
2/10/2005
S. 131
Clear Skies (clean air act) bill
Failed to pass
3/9/2005
committee
S. 606
Renewable fuel standard
Ordered to be
3/16/2005
Reported

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Table 2. Energy Efficiency and Renewable Energy Bills
by Topic, 109th Congress
I. Policy and Issue Areas
Appropriations
[no bills yet]
Authorizations/
H.R. 6 [reserved], H.R. 610, H.R. 612, H.R. 1158,
Omnibus Energy Policy
S. 665, S. 726
Research and Development
H.R. 610, H.R. 612, S. 387
Grants
H.R. 3, H.R. 168, H.R. 610, H.R. 722, H.R. 1215
Loans/Financing
H.R. 388, S. 269, S. 426
Renewable Portfolio Standard
H.R. 983, S. 427
Tax Credit for Investment
H.R. 17, H.R. 424, H.R. 626, H.R. 1212, H.R.
1397/S. 671, S. 387
Tax Credit for Energy
H.R. 36/S. 610, H.R. 141, H.R. 381, S. 35, S. 387,
Production
S. 542
Tax Credit for Fuel Use
H.R. 113, H.R. 1255
Goals/Plans/Impact
H.R. 3, H.R. 373, H.R. 610, H.R. 722, H.R. 1158,
Information
S. 606
Environment/Climate Change
H.R. 759, S. 386, S. 387, S. 388
II. Sectors
Buildings
H.R. 610, H.R. 612, H.R. 722, H.R. 737, H.R. 1212
Defense
H.R. 174
Education
H.R. 737, S. 726
Federal Lands/
H.R. 174, H.R. 705, H.R. 722, H.R. 779, H.R. 983,
Energy Management
S. 650, S. 665
Farms/American Indians
H.R. 622/S. 326, S. 269, S. 373, S. 502, S. 542
International/Trade
H.R. 1212, S. 388, S. 680

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III. Energy Efficiency Measures and Technologies
Cogeneration/Combined Heat
S. 386, S. 388, S. 726
and Power (CHP)
Distributed Generation/
S. 150, S. 426, S. 726
Net Metering/Electric Power
Equipment/Lighting/
H.R. 737, H.R. 1421, S. 426, S. 726
Appliances
Fuel Economy
H.R. 705, H.R. 722
Transportation
H.R. 423, H.R. 444, H.R. 626, H.R. 722, S. 373
IV. Renewable Energy Resources and Technologies
Alcohol Fuels/Biofuels/
H.R. 3, H.R. 36/S. 610, H.R. 113, H.R. 140, H.R.
Biodiesel
325, H.R. 381, H.R. 388, H.R. 1255, H.R. 1398, S.
129, S. 373, S. 502, S. 587, S. 610, S. 650
Biopower/Biomass
H.R. 610, H.R. 612, H.R. 622, H.R. 737, H.R. 983,
H.R. 1127, S. 150, S. 326, S. 427, S. 502, S. 542
Geothermal
H.R. 174, H.R. 622/S. 326, H.R. 1127, S. 269
Hydrogen
H.R. 3, H.R. 325, H.R. 610, H.R. 612, H.R. 626,
H.R. 722, H.R. 737, S. 129, S. 373, S. 427, S. 436,
S. 665, S. 726
Hydropower
H.R. 722, H.R. 737, H.R. 779, S. 427
Solar
H.R. 17, H.R. 381, H.R. 610, H.R. 612, H.R. 622/S.
326, H.R. 722, H.R. 737, H.R. 1127, S. 150, S. 269,
S. 326, S. 426, S. 427, S. 726
Wind
H.R. 141, H.R. 381, H.R. 610, H.R. 612, H.R.
622/S. 326, H.R. 737, H.R. 759, H.R. 983, H.R.
1127, S. 35, S. 150, S. 269, S. 326, S. 342, S. 426,
S. 427, S. 502, S. 542

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Legislation
House Bills (with Senate Companions)
H.R. 3 (Young)
Transportation Equity Act. Section 1208 on High-Occupancy Vehicle (HOV)
Lanes includes provisions for alternative-fueled vehicles and energy-efficient
vehicles. Section 3009 on Clean Fuels Formula Grant Program includes provisions
for biodiesel, alcohol fuels, and fuel cells. Section 5213 on Metropolitan Planning
directs that goals include energy conservation. Other provisions in the bill address
traffic congestion, intelligent transportation systems, bicycling and pedestrian issues,
and advanced vehicle technologies. Introduced February 9, 2005; referred to
Committee on Transportation and Infrastructure. Reported (H.Rept. 109-12, Parts
I and II) March 8. Passed House, amended, March 10.
H.R. 6 (Hastert)
Reserved for the House version of an omnibus energy policy bill.
H.R. 17 (Hayworth)
Residential Solar Energy Tax Credit Act. Creates a 15% investment tax credit
for photovoltaic (electric) equipment, with a maximum of $2,000. Also, it
establishes a 15% credit for solar water heating equipment, with a maximum of
$2,000. Introduced January 4, 2005; referred to Committee on Ways and Means.
H.R. 36 (S. King)/S. 610 (Talent)
Amends the Internal Revenue Code to revise the tax credit for biodiesel used as
fuel to include a credit for the production of agri-biodiesel fuel equal to 10 cents for
each gallon produced. Limits: (1) the amount of qualified agri-biodiesel production
of a producer to 15 million gallons for any taxable year; and (2) eligible producers
to those with an annual productive capacity not exceeding 60 million gallons.
Revises the small ethanol producer tax credit to: (1) expand the eligibility of small
ethanol producers for the credit; (2) exclude the credit from the definition of passive
activity credit; and (3) exclude credit amounts from inclusion in gross income.
House bill introduced January 4, 2005; referred to Committee on Ways and Means.
Senate bill introduced March 11, 2005; referred to Committee on Finance.
H.R. 113 (M. Kennedy)
Requires the Secretary of Transportation to determine apportionments to states
of federal-aid highway funds for FY2006 or any subsequent fiscal year in a particular
manner if FY2005 or any preceding fiscal year is taken into account in the
computation. Directs the Secretary, in such an instance, to base his calculations on
the amount of estimated tax receipts that would have resulted if certain alcohol fuel
mixture and biodiesel mixture excise tax credits under the American Jobs Creation
Act of 2004 had taken effect at the beginning of the fiscal year. Introduced January
5, 2005; referred to Committee on Transportation and Infrastructure.

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H.R. 140 (McHugh)
Promotes the use of anaerobic (methane) digesters by agricultural producers and
rural small businesses to produce renewable energy and improve environmental
quality. Introduced January 4, 2005; referred to Committee on Agriculture.
H.R. 141 (McHugh)
Makes permanent the renewable energy production tax credit for producing
electricity from wind. Introduced January 4, 2005; referred to Committee on Ways
and Means.
H.R. 168 (Millender-McDonald)
Goods Movement Act of 2005. Directs the Secretary of Transportation to
consider congestion relief, energy consumption, and intelligent transportation
systems in selecting projects for grants to state and local government. Introduced
January 4, 2005; referred to Committee on Transportation and Infrastructure.
H.R. 174 (Millender-McDonald)
Geothermal Energy Initiative Act of 2005. Calls for a new resource assessment,
more access to federal land, improved leasing and permitting, and reimbursement for
required environmental analyses. Introduced January 4, 2005; referred to Committee
on Resources and the Committee on Agriculture.
H.R. 325 (Graves)/S. 129 (Talent)
Hybrid HOV Access Act. Allows energy-efficient and low-emission vehicles
to use HOV facilities. House bill introduced January 25, 2005; referred to
Committee on Transportation and Infrastructure. Senate bill introduced January 24,
2005; referred to Committee on Environment and Public Works.
H.R. 381 (Gillmor)
Permits a state to provide tax incentives for production of electricity from: (1)
coal mined in the state and used in a facility, if such production meets Federal and
State laws and if the facility uses clean coal technology, including scrubbers; (2) a
renewable source such as wind, solar, or biomass; or (3) ethanol. Declares that any
such State tax incentive shall: (1) be considered to be a reasonable regulation of
commerce, and (2) not be considered to impose an undue burden on interstate
commerce or to otherwise impair, restrain, or discriminate, against interstate
commerce. Introduced January 26, 2005; referred to Committee on Energy and
Commerce and Committee on Judiciary.
H.R. 388 (Kaptur)
Biofuels Energy Independence Act of 2005. Authorizes the Secretary of
Agriculture to make and guarantee loans for biofuel production, distribution,
development, and storage. Sets forth loan eligibility provisions. Directs the Secretary
to establish a related revolving fund. Authorizes the Secretary to administer a
Biofuels Feedstocks Energy Reserve to: (1) provide feedstocks in furtherance of
biofuel-based energy production; and (2) support the biofuels energy industry when
production is at risk due to feedstock reductions or commodity price increases. Sets
forth related provisions respecting commercial commodity purchases, release of
commodity stocks, and storage payments. Introduced January 26, 2005; referred to

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Committee on Agriculture. Senate bill introduced March 15; referred to Committee
on Energy and Natural Resources.
H.R. 423 (Terry)
Homeland Infrastructure Power Security and Assurance Incentives Act of 2005.
Authorizes the Secretary of Energy to establish an Advanced Power System
Technology Incentive Program of incentive payments to eligible owners or operators
to: (1) support deployment of new advanced power system technologies such as fuel
cells, turbines, hybrid, and storage system power technologies; and (2) improve and
protect certain critical governmental, industrial, and commercial processes. Requires
such funding to be used to increase power generation through enhanced operational,
economic, and environmental performance. Introduced January 26, 2005; referred
to Committee on Energy and Commerce.
H.R. 424 (Terry)
Energy Efficiency Investment Act of 2005. Amends the Internal Revenue Code
to allow a tax credit for up to 25% of the cost of certain energy efficient property
installed in business and residential properties. Introduced January 26, 2005; referred
to Committee on Ways and Means.
H.R. 444 (Issa)
Hybrid Vehicle HOV Access Act. Amends Federal highway law to authorize
a State to permit a hybrid vehicle with fewer than two occupants to operate in high
occupancy vehicle (HOV) lanes. Defines “hybrid vehicle” as a motor vehicle: (1) that
draws propulsion energy from onboard sources of stored energy which are both an
internal combustion or heat engine using combustible fuel and a rechargeable energy
storage system; and (2) which (in the case of a passenger automobile or light truck)
for 2002 and later models meets certain clean air requirements. Introduced February
1, 2005; referred to Committee on Transportation and Infrastructure.
H.R. 610 (Biggert)
Energy Research, Development, Demonstration, and Commercial Application
Act of 2005. Directs the Secretary of Energy to establish R&D programs in: (1)
vehicles, buildings, and industrial processes; (2) renewable energy research; (3)
civilian nuclear energy research; (4) fuel recycling technology; (5) fossil energy
production, upgrading, conversion and consumption; (6) oil and gas research; (7) fuel
cells; and (8) ultra-deepwater and unconventional natural gas. Instructs the Secretary
to: (1) plan programs directly related to fuel cells or hydrogen; and (2) conduct
programs to address hydrogen production from diverse energy sources. Directs the
President to establish an interagency task force to work toward fuel infrastructure for
hydrogen and hydrogen-carrier fuels, including buses and other fleet transportation.
Establishes the Hydrogen Technical and Fuel Cell Advisory Committee. Directs the
Secretary to establish a competitive grant pilot program for acquisition of: (1)
alternative fueled vehicles or fuel cell vehicles; (2) hybrid vehicles; and (3) ultra-low
sulfur diesel vehicles. Directs the Administrator of the Environmental Protection
Agency to establish a grant program for: (1) the replacement of certain school buses
with alternative fuel school buses and ultra-low sulfur diesel fuel school buses; and
(2) installation of retrofit technologies for diesel school buses. Instructs the Secretary
to enter into cooperative agreements: (1) with private sector fuel cell bus developers
for the development of fuel cell-powered school buses; and (2) government entities

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using natural gas-powered school buses and private sector fuel cell bus developers
to demonstrate the use of fuel cell-powered school buses. Directs the Secretary to:
(1) establish a fuel cell transit bus demonstration program; and (2) award grants to
universities for the establishment of Centers of Excellence for Energy Systems of the
Future to advance new clean coal technologies. Introduced February 8, 2005;
referred to House Committees on Science, Resources, and Energy and Commerce.
Science Committee ordered to be reported February 10, 2005.

H.R. 612 (Biggert)
Energy Basic and Applied Sciences Act of 2005. Requires the Secretary of
Energy to establish advisory committees to advise the Department’s applied
programs in energy efficiency, renewable energy, and other areas. Directs the
Secretary to establish a R&D program in: vehicles, buildings, and industrial
processes; renewable energy research; fuel cells; and other areas. Introduced
February 8, 2005; referred to Committees on Science, Resources, and Energy and
Commerce.
H.R. 622 (Bono)/ S. 326 (Smith)
Renewable Energy Production Incentive (REPI) Reform Act. Amends the
Energy Policy Act of 1992 to modify renewable energy production incentive payment
guidelines to provide that if there are insufficient appropriations to make full
payments for electric production from all qualified renewable energy facilities in any
given year, the Secretary of Energy shall assign 60% of appropriated funds for that
year to facilities that use solar, wind, geothermal, or closed-loop (dedicated energy
crops) biomass technologies to generate electricity, and assign the remaining 40% to
other projects. Redefines a qualified renewable energy facility as one: (1) owned by
certain tax-exempt electricity-generating cooperatives, certain public utilities, a state,
territorial, or local governments or an Indian tribal government; and (2) which may
involve electricity generation by landfill gas. Extends through FY2015 the deadline
for first use of a facility eligible for incentive payments. House bill introduced
February 8, 2005; referred to Committee on Energy and Commerce. Senate bill
introduced February 9, 2005; referred to Committee on Energy and Natural
Resources.
H.R. 626 (Camp)
VEHICLE Technology Act of 2005. Amends the Internal Revenue Code to
repeal the phaseouts of the tax credit for qualified electric vehicles and of the tax
deduction for clean-fuel vehicles. Allows a tax credit for investment in certain
alternative motor vehicles, including fuel cell vehicles, advanced lean burn
technology motor vehicles, hybrid motor vehicles, alternative fuel motor vehicles,
and mixed-fuel vehicles. Sets forth formulas for determining the amount of the credit
based on various factors, including vehicle weight and fuel efficiency ratings.
Modifies the tax deduction for clean-fuel vehicles and certain refueling property to:
(1) extend the terminating date for such deduction through 2009, and through 2012
for hydrogen-related property; (2) increase to $150,000 the cost limitation for the
deduction; and (3) extend the deduction to nonbusiness property. Introduced
February 8, 2005; referred to Committee on Ways and Means.

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H.R. 705 (Gilchrest)
Automobile Fuel Economy Act of 2005. Sets forth certain increased average
fuel economy standards for certain light trucks, automobiles (up to 10,000 pounds
gross vehicle weight), and certain classes of vehicles in the federal fleet that are
manufactured or purchased after specified dates. Introduced February 9, 2005;
referred to Committee on Energy and Commerce and Committee on Government
Reform.
H.R. 722 (Oberstar)
Securing Transportation Energy Efficiency for Tomorrow Act of 2005. Amends
the Federal Property and Administrative Services Act of 1949 to authorize the
Administrator of General Services to establish a program for the procurement and
installation of photovoltaic solar electric systems for electric production in public
buildings. Directs the Architect of the Capitol to evaluate the energy infrastructure
of the Capitol Complex to determine how it could be augmented to become more
energy efficient, using photovoltaic solar energy systems, district-heating, and other
unconventional and renewable energy resources. Amends federal transportation law
to: (1) direct the Secretary of Transportation (Secretary) to establish a program of
grants to state and local governments for fuel conservation projects; (2) authorize the
Secretary to make grants for fuel cell bus technology projects; and (3) require
environmental impact statements for federal-aid highway and transit projects to
consider energy impacts as an environmental project consequence. Directs the
Secretary to establish: (1) a Conserve By Bicycling pilot program for projects to
encourage the use of bicycles in place of motor vehicles; and (2) a specified
public-private research partnership dedicated to advancement of railroad technology,
efficiency, and safety owned by the Federal Railroad Administration and operated in
the private sector. Directs: (1) the Secretary to establish a pilot clean airport bus
replacement and fleet expansion grant program; and (2) the Administrator of the
Federal Aviation Administration to establish a public-private research partnership to
develop a clean ground demonstrator engine utilizing specified National Aeronautics
and Space Administration-developed technologies. Directs the Secretary to establish
a public-private research partnership to develop and demonstrate technologies that
increase fuel economy, reduce emissions, and lower costs of marine transportation,
as well as the efficiency of intermodal transfers. Directs the Secretary of the Army
to study and report to Congress on the potential for reduced fossil fuel consumption
through an increase in U.S. hydropower capabilities. Amends the Internal Revenue
Code to exclude from gross income as a qualifying transportation fringe benefit a
commuting allowance of $75 per month for individuals who bicycle, carpool, or
car-share to work. Introduced February 9, 2005; referred to Committee on Energy
and Commerce and Committee on Government Reform.
H.R. 737 (Woolsey)
Renewable Energy and Energy Efficiency Act of 2005. Declares it shall be
policy of the United States that its research, development, demonstration, and
commercial applications programs be designed to enable 20% of domestic energy
generated from stationary sources to be generated from nonhydropower renewable
energy sources by the year 2020. Prescribes research and development program goals
to implement such policy in connection with enhanced: (1) renewable energy; (2)
energy efficiency; and (3) aeronautical system energy. Directs the Secretary of
Energy to: (1) submit to Congress an assessment of renewable energy resources

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available for commercial application; and (2) implement a Next Generation Lighting
Initiative for advanced solid-state lighting technologies based on white light-emitting
diodes. Requires the Director of the Office of Science and Technology Policy to
establish: (1) an interagency group to develop a National Building Performance
Initiative; and (2) an advisory committee to analyze and provide recommendations
on potential private sector roles and participation in the Initiative. Directs the
Secretary of Energy to: (1) commission an independent assessment of innovative
financing techniques to facilitate construction of new renewable energy and energy
efficiency facilities; (2) establish a demonstration program for innovative
technologies for renewable energy sources in buildings owned or operated by a state
or local government; (3) provide assistance to small businesses and startup
companies for the commercial application of renewable energy and energy efficiency
technologies developed by or with support from the Department of Energy; (4)
establish an education and outreach program on renewable energy and energy
efficiency technologies; and (5) establish a competitive matching grant pilot program
for voluntary local government programs that seek to promote innovative energy
efficiency technologies and processes to reduce the industrial use of water and the
discharge of wastewater from commercial and industrial entities. Introduced
February 9, 2005; referred to Committee on Energy and Commerce.
H.R. 759 (Gilchrest)
Climate Stewardship Act of 2005. Establishes various policies for curbing
greenhouse gas emissions that include several energy-efficiency and renewable
energy measures. Introduced February 10, 2005; referred to Committee on Science
and to Committee on Energy and Commerce.
H.R. 779 (Radanovich)
Federal Hydropower Enhancement Act of 2005. Directs the Secretary of the
Interior, the Secretary of Energy, and the Secretary of the Army to study and report
to Congress on the potential for increasing electric power production capability at
federally owned or operated facilities for water regulation, storage, and conveyance.
Introduced February 10, 2005; referred to Committee on Resources and to Committee
on Transportation and Infrastructure.
H.R. 983 (T. Udall)
Amends the Public Utility Regulatory Policies Act of 1978 to prescribe
guidelines for a Federal Renewable Portfolio Standard (RPS) for calendar years 2008
through 2037. Specifies a schedule of graduated annual percentages of a supplier’s
base amount, from 1% in 2008 up to 20% in 2027 and thereafter, that shall be
generated from renewable energy resources. Authorizes a supplier to satisfy such
requirements through the submission of renewable energy credits to the Secretary of
Energy. Provides for energy credit trading or borrowing among suppliers. Directs
the Secretary to: (1) encourage federally owned utilities, municipally owned utilities,
and rural electric cooperatives that sell electric energy to electric consumers for
purposes other than resale to participate in the renewable portfolio standard program;
and (2) establish by December 31, 2007, a state renewable energy account program.
Introduced February 17, 2005; referred to Committee on Energy and Commerce.

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H.R. 1127 (T. Lee)
Renewable Energy Production Incentive (REPI) Reform and Reauthorization
Act. Makes equal incentives available from the Department of Energy (solar, wind,
geothermal), Department of Agriculture (biomass), and Environmental Protection
Agency (landfill gas). Introduced March 3, 2005; referred to Committee on Energy
and Commerce.
H.R. 1158 (Hart)
Reauthorizes the Steel and Aluminum Energy Conservation and Technology
Competitiveness Act of 1988. Modifies the list of priorities that the Secretary of
Energy must consider in reviewing research and development activities for possible
inclusion in the Steel Initiative Research Plan to include the development of: (1)
advanced sheet and bar steel; and (2) technologies that reduce greenhouse gas
emissions. Introduced March 8, 2005; referred to Committee on Science.
H.R. 1212 (Weller)
Save America’s Valuable Energy Resources Act of 2005. Amends the Internal
Revenue Code to establish tax credits for: (1) qualified energy efficient
improvements to existing homes; and (2) the construction of qualified new energy
efficient homes. Allows a tax deduction for energy efficient commercial building
property expenditures. Introduced March 10; referred to Committees on Energy and
Commerce, Ways and Means, and Science.
H.R. 1215 (Gingrey)
Green Chemistry Research and Development Act of 2005. Provision for grants
to manufacturers includes measures that would increase energy efficiency.
Introduced March 10, 2005; referred to Committee on Science.
H.R. 1255 (C. Peterson)
Clean Power Plant Act of 2005. Amends the Internal Revenue Code to extend
until December 31, 2010, the tax credit for biodiesel used as fuel. Introduced March
10, 2005; referred to Committee on Ways and Means.
H.R. 1397 (N. Johnson)/S. 671 (Lieberman)
Establishes an investment tax credit for fuel cell equipment purchased for
business and residential uses. The fuel cell must have a minimum capacity of 0.5
kilowatt (kw). The upper limit of the credit is $500 for each 0.5 kw, with a
maximum of 30% of the total fuel cell cost. House bill introduced March 17, 2005;
referred to Committee on Ways and Means. Senate bill introduced March 17, 2005;
referred to Committee on Finance.
H.R. 1398 (Kaptur)
Amends the Clean Air Act to require that, after the year 2010, all gasoline sold
in the United States for motor vehicles contain at least 10% ethanol and that all diesel
fuel sold in the United States for motor vehicles contain at least 5% Biodiesel.
Introduced March 17, 2005; referred to Committee on Energy and Commerce.
H.R. 1421 (Nussle)
Resource Efficient Appliance Incentives Act of 2005. Creates an equipment
production credit for 2005 through 2010 that ranges from $50 to $150 per unit for

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clothes washers and refrigerators that meet certain energy-efficiency criteria. The
total value of credits is limited by a dollar amount and by a percent of gross revenue.
Introduced March 17, 2005; referred to Committee on Ways and Means.
H.R. 1482 (Wynn)
Hydrogen Liberty Act. Authorizes $3.9 billion over 10 years for research and
development of advanced nuclear reactor ($1.3 billion), solar energy ($1.3 billion),
and wind energy ($1.3 billion) technologies for the production of hydrogen. The bill
would create 15 demonstration projects, five for each of the three technologies.
Introduced April 5, 2005; referred to Committee on Science and Committee on
Energy and Commerce.
H.R. 1511 (Foley)
Extends the renewable energy electricity production tax credit (PTC) for five
years. Introduced April 6, 2005; referred to Committee on Ways and Means.
Senate Bills (with House Companions)
S. 35 (Conrad)
Extends the renewable energy production tax credit (PTC) for facilities until
January 1, 2011. Introduced January 24, 2005; referred to Committee on Finance.
S. 129 (Talent)/H.R. 325 (Graves)
Hybrid HOV Access Act. Allows energy-efficient and low-emission vehicles
to use HOV facilities. Senate bill introduced January 24, 2005; referred to
Committee on Environment and Public Works. House bill introduced January 25,
2005; referred to Committee on Transportation and Infrastructure.
S. 131 (Inhofe)
Clear Skies Act of 2005. Amends the Clean Air Act to reduce air pollution
through expansion of cap and trade programs. Section 413 preserves an energy
conservation and renewable energy reserve of 300,000 sulfur dioxide emission
reduction allowances, which could be used to help meet air pollution reduction
requirements. Introduced January 24, 2005; referred to Committee on Environment
and Public Works. Committee held markup March 9, 2005, but the bill failed to pass
Committee on a tie (9-9) vote.
S. 150 (Jeffords)
Clean Power Act of 2005. Requires the Environmental Protection Agency
(EPA) to: (1) set regulations to reduce emissions of sulfur dioxide, nitrogen oxides,
carbon dioxide, and mercury from certain electric generation facilities by January 1,
2010; and (2) establish an emission allowance tracking and transfer system for these
emissions. Section 707 directs that up to 20% of allowances for reductions of sulfur
dioxide, nitrogen oxides, and carbon dioxide can be obtained from energy efficiency
and renewable energy sources. Introduced January 25, 2005; referred to Committee
on Environment and Public Works.
S. 269 (Kerry)
Small Business and Farm Energy Emergency Relief Act of 2005. Section 3
makes loans available to small business to convert from heating fuel to alternative

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energy sources that may include biowaste, geothermal energy, solar energy, wind
energy, and fuel cells. Introduced February 2, 2005; referred to Committee on Small
Business and Entrepreneurship.
S. 326 (Smith)/H.R. 622 (Bono)
Renewable Energy Production Incentive (REPI) Reform Act. Amends the
Energy Policy Act of 1992 to modify renewable energy production incentive payment
guidelines to provide that if there are insufficient appropriations to make full
payments for electric production from all qualified renewable energy facilities in any
given year, the Secretary of Energy shall assign 60% of appropriated funds for that
year to facilities that use solar, wind, geothermal, or closed-loop (dedicated energy
crops) biomass technologies to generate electricity, and assign the remaining 40% to
other projects. Redefines a qualified renewable energy facility as one: (1) owned by
certain tax-exempt electricity-generating cooperatives, certain public utilities, a State,
territorial, or local governments or an Indian tribal government; and (2) which may
involve electricity generation by landfill gas. Extends through FY2015 the deadline
for first use of a facility eligible for incentive payments. Senate bill introduced
February 9, 2005; referred to Committee on Energy and Natural Resources. House
bill introduced February 8, 2005; referred to Committee on Energy and Commerce.
S. 373 (Harkin)
Renewable Hydrogen Passenger Vehicle Act of 2005. Amends the Farm
Security and Rural Investment Act of 2002 to direct the Secretary of Energy, in
coordination with the Secretary of Agriculture, to conduct a three-year program to
develop and demonstrate the cost-effective operation of a fleet of at least 10 direct
hydrogen passenger vehicles based on existing commercial technology under which
the hydrogen is derived from ethanol or other domestic low-cost transportable
renewable feedstocks. Introduced February 14, 2005; referred to Committee on
Energy and Natural Resources.
S. 386 (Hagel)
Climate Change Technology Deployment in Developing Countries Act of 2005.
Section 2 includes cogeneration and renewable energy as eligible technologies for
demonstration projects that could help developing countries reduce greenhouse gas
emissions. Introduced February 15, 2005; referred to Committee on Foreign
Relations.
S. 387 (Hagel)
Climate Change Technology Tax Incentives Act of 2005. Section 201 expresses
the sense of the Senate that (1) the renewable energy production tax credit (PTC)
should be extended through 2010; and (2) the research investment tax credit should
be increased and made permanent. Senate bill introduced February 15, 2005; referred
to Committee on Finance.
S. 388 (Hagel)
Climate Change Technology Deployment and Infrastructure Credit Act of 2005.
Credit-based financial incentives would be available to support demonstration
projects for cogeneration, renewable energy, and other “climate technologies.”
Introduced March 15, 2005; referred to Committee on Energy and Natural Resources.

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S. 426 (Jeffords)
Electric Reliability Security Act of 2005. Contains several provisions to support
energy efficiency and renewable energy, including a system benefit fund (Section
201) to fund state energy efficiency and renewable energy programs, an energy
efficiency performance standard (Section 202) to reduce electricity demand by 10%
over 10 years, appliance efficiency standards (Section 203) for central air
conditioners and heat pumps, and loan guarantees (Section 204) for fuel cells,
combined heat and power (CHP), energy efficiency, and several types of renewables.
Also, Title III has a provision for net metering. Introduced February 17, 2005;
referred to Committee on Energy and Natural Resources.
S. 427 (Jeffords)
Renewable Energy Investment Act of 2005. Creates a federal renewable
portfolio standard by amending the Public Utility Regulatory Policies Act of 1978 to
require retail electric suppliers to submit to the Secretary of Energy renewable energy
credits in an amount equal to the required annual percentage of the retail electric
supplier's total amount of kilowatt-hours of non-hydropower electricity sold to retail
consumers during the previous calendar year (excluding incremental hydropower).
States that a renewable energy credit that is not used to satisfy the minimum
requirement for that year may be carried over for use within the next two years.
Specifies a schedule of the minimum percentage of renewable energy sources that
must be used to generate the total amount of non-hydropower electricity sold by each
retail electric supplier during a calendar year (excluding incremental hydropower).
Directs the Secretary to: (1) establish a program to issue, monitor the sale or
exchange of, and track renewable energy credits; and (2) make funds available under
this Act to State energy agencies for grant programs for renewable energy research
and development, and for loan guarantees to encourage construction of renewable
energy facilities. Introduced February 17, 2005; referred to Committee on Energy
and Natural Resources.
S. 436 (Akaka)
Directs the Secretary of Energy to assess the economic implications of the
dependence of the State of Hawaii on oil as its principal source of energy, including
the technical and economic feasibility of increasing the contribution of renewable
energy resources for generation of electricity, on an island-by-island basis; and the
technical and economic feasibility of using renewable energy sources (including
hydrogen) for ground, marine, and air transportation energy applications to displace
the use of refined petroleum products. Introduced February 17, 2005; referred to
Committee on Energy and Natural Resources.
S. 502 (Coleman)
Rural Renaissance Act. Allows funds developed for a “Rural Renaissance Trust
Account” to be used for renewable energy projects on farms. Introduced March 3,
2005; referred to Committee on Finance.
S. 542 (Dorgan)
Amends the Internal Revenue Code to: (1) extend through 2010 the renewable
energy electricity production tax credit (PTC) for certain renewable resources (e.g.,
wind, biomass, poultry waste); (2) allow certain organizations, including tax-exempt
organizations, state and local governments, and Indian tribal governments, to sell

CRS-15
unused amounts of such tax credit. Introduced March 7, 2005; referred to Committee
on Finance.
S. 587 (Dayton)
Requires that automobiles and light trucks manufactured after model year 2006
be able to operate on a fuel mixture that is at least 85% ethanol. Introduced March
10; referred to Committee on Commerce, Science, and Transportation.
S. 606 (Thune)
Reliable Fuels Act. Sets a goal to increase ethanol (including ethanol derived
from cellulosic biomass) use from 3.8 billion gallons in 2006 to 6.0 billion gallons
in 2012. Introduced March 11, 2005; referred to Committee on Environment and
Public Works. Ordered to be reported, March 16, 2005.
S. 610 (Talent)/H.R. 36 (S. King)
Amends the Internal Revenue Code to revise the tax credit for biodiesel used as
fuel to include a credit for the production of agri-biodiesel fuel equal to 10 cents for
each gallon produced. Limits: (1) the amount of qualified agri-biodiesel production
of a producer to 15 million gallons for any taxable year; and (2) eligible producers
to those with an annual productive capacity not exceeding 60 million gallons.
Revises the small ethanol producer tax credit to: (1) expand the eligibility of small
ethanol producers for the credit; (2) exclude the credit from the definition of passive
activity credit; and (3) exclude credit amounts from inclusion in gross income.
Senate bill introduced March 11, 2005; referred to Committee on Finance. House
bill introduced January 4, 2005; referred to Committee on Ways and Means.
S. 650 (Lugar)
Fuels Security Act of 2005. Section 101 increases the renewable fuel standard
(RFS) to 8 billion gallons by 2012. Section 102 directs federal agencies purchases
of gasoline to include 10% ethanol-blended gasoline within five years. It also directs
agencies’ purchases of diesel fuel to include 2% biodiesel in five years and 20%
biodiesel in 10 years. Introduced March 17, 2005; referred to the Committee on
Environment and Public Works.
S. 665 (Dorgan)
Hydrogen and Fuel Cell Technology Act of 2005. Authorizes $2.3 billion over
10 years for hydrogen supply R&D programs and $1.7 billion over 10 years for fuel
cell technology R&D programs. Further, over 10 years, it also authorizes $2.7 billion
for vehicle demonstration programs, $900 million for market transition programs,
$225 million for federal procurement programs, and $55 million for regulatory
programs. Introduced March 17, 2005; referred to Committee on Energy and Natural
Resources.
S. 680 (Snowe)
Efficient Energy Through Certified Technologies and Electricity Reliability
(EFFECTER) Act of 2005. Section 101 creates an income tax deduction ($2.25 per
square foot maximum) for energy efficiency measures that reduce commercial
building energy use by 50% below the American Society of Heating, Refrigeration,
and Air Conditioning Equipment Association’s (ASHRAE’s) 90.1 industry energy
efficiency standard. Section 102 establishes an investment tax credit for energy

CRS-16
efficiency measures in new home construction that reduce energy use by 30%
($1,000 maximum) or by 50% ($2,000 maximum). Section 103 sets a tax deduction
for business use of solar hot water, photovoltaics, heat pumps (gas, electric, ground
source), furnaces, and boilers. It also creates a tax deduction ($6,000 maximum) for
such equipment used in residential rental properties that reduces energy use by 50%
(pro-rated for smaller energy reductions). Section 104 creates a nonbusiness tax
credit ($2,000 maximum) for equipment that reduces energy use by 50%. Section 105
establishes an investment tax credit available over four years to combined heat and
power (CHP or cogeneration) systems smaller than 15 megawatts (MW) that satisfy
certain efficiency standards. Section 201 sets energy efficiency test procedures and
standards for a variety of equipment and products. For battery chargers and external
power supplies, the Secretary of Energy has three years to determine whether
standards are needed. Further, standards (or requirements) are set for vending
machines, commercial refrigerators and freezers, illuminated exit signs, torchieres,
distribution transformers, traffic signal modules, unit heaters, compact fluorescent
light bulbs, ceiling fans, dehumidifiers, spray valves, and furnace fans. Section 202
directs the Secretary of Energy to issue a rulemaking that assesses effectiveness of
labeling requirements and a rulemaking to set labeling requirements for additional
consumer products (including distribution transformers). Section 203 sets test
procedures and standards for commercial package air conditioners and heating
equipment. Section 204 creates standards for commercial refrigerators and freezers.
Section 301 directs federal agencies to procure, where it is cost-effective, energy
equipment designated by EPA Energy Star and the DOE Federal Energy Management
Program (FEMP). Section 302 permanently extends the authority for federal
agencies to enter energy saving performance contracts (ESPCs). Section 303 sets
federal building energy performance standards by updating the baseline from the
1992 Council of American Building Officials (CABO) to the 2003 International
Energy Conservation Code (IECC). Further, it directs the Secretary of Energy to
require new federal buildings to achieve a 30% energy reduction, provided it is cost-
effective on a life-cycle basis. Section 401 modifies the Public Housing Capital Fund
to include certain energy and water use efficiency improvements. Section 402 directs
the Secretary of Housing and Urban Development (HUD) to provide grants for
certain energy and water efficiency improvements to multifamily housing projects.
Section 403 directs public housing agencies to purchase cost-effective Energy Star
or FEMP-designated appliances and products. Section 404 changes the energy
efficiency standards and codes for public housing from CABO to the 2003
International Energy Conservation Code, where HUD finds it cost-effective.
Introduced March 17, 2005; referred to Committee on Finance.
S. 726 (Alexander)
Natural Gas Price Reduction Act of 2005. Section 101 authorizes funding for
an energy conservation public education initiative. Section 102 sets efficiency
standards, test procedures, and labeling requirements for several types of residential
and commercial equipment. Section 103 authorizes funding for distributed
generation, solar energy, and biomass technologies. Section 104 authorizes funding
to accelerate hydrogen and fuel cell development. Section 105 would, under certain
conditions, repeal PURPA Section 210 requirements for cogeneration and small
power facilities. Section 106 calls for a study of cogeneration and small power.
Section 108 directs states to consider requiring net metering services for electric
utility customers. Section 109 directs states to consider providing time-based

CRS-17
schedules and meters for customers. Section 113 provides financial incentives to
industry to encourage use of gasification equipment that uses biomass and other
fuels. Introduced April 6, 2005; referred to Committee on Energy and Natural
Resources.
S. 727 (Alexander)
Tax Incentives for the Natural Gas Price Reduction Act of 2005. Section 2
makes a 10% investment tax credit available over four years to combined heat and
power (CHP or cogeneration) systems smaller than 50 megawatts (MW) that satisfy
certain efficiency standards. Section 3 increases the investment tax credit for solar
energy equipment from 10% to 30% for five years. Also, it extends the renewable
energy production tax credit (PTC) for solar and geothermal energy for five years,
and establishes a 30% tax credit ($7,500 maximum) for residential solar heating
equipment. Section 4 has investment tax credits for residential solar (electric and
water heating, 15%), wind (15%), and fuel cell (20%) equipment. It also creates a
20% investment tax credit ($2,000 maximum) to homeowners for retrofits to existing
residential housing with energy efficient envelope components (insulation, windows,
roofs, heating equipment); and an equipment tax credit (maximum $2,000) to home
builders for envelope components that reduce home energy use by 30%. Section 4
also provides a tax credit to manufacturers ($60 million maximum) for energy-
efficient clothes washers ($100 each) and refrigerators ($150 each). Further, Section
4 creates a tax deduction ($1.50 per square foot maximum) for energy efficient
equipment in commercial buildings that reduces energy use by 50%. Introduced
April 6, 2005; referred to Committee on Finance.

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Congressional Hearings, Reports, and Documents
U.S. Congress. House. Committee on Energy and Commerce. Full Committee
Markup of the Energy Policy Act of 2005. Markup held April 5 and 6, 2005.
[http://energycommerce.house.gov/108/Markups/04062005markup1473.htm]
U.S. Congress. House. Committee on Energy and Commerce. Committee Print of
the Energy Policy Act of 2005. Posted April 5, 2005.
[http://energycommerce.house.gov/108/energy_pdfs_2.htm]
U.S. Congress. Senate. Committee on Appropriations. Subcommittee on Energy
and Water. FY2006 Budget Request for the DOE Office of Energy Efficiency
and Renewable Energy (EERE) and other DOE Offices.
Hearing held March
15, 2005.
[http://appropriations.senate.gov/hearmarkups/record.cfm?id=233443]
U.S. Congress. House. Committee on Appropriations. Subcommittee on Energy
and Water Development, and Related Agencies. Department of Energy -
[FY2006 Budget Request for] Science, Nuclear Energy, and Renewable Energy.
Hearing held March 15, 2005.
[No hearing webcast has been posted to the web and no testimony has been published
yet.]
U.S. Congress. Joint Committee on Taxation. Description and Analysis of Certain
Federal Tax Provisions Expiring in 2005 and 2006. Report JCX-12-05. March
11, 2005. Part IIB of the report has a section (p. 51-60) on the renewable energy
production tax credit (PTC) entitled the “Credit for electricity produced from
certain renewable resources.” Also, Part IIA has a section (p. 20-34) on the
research and experimentation (R&E) tax credit.
[http://www.house.gov/jct/pubs05.html]
U.S. Congress. Senate. Committee on Energy and Natural Resources. Power
Generation Resource Incentives & Diversity Standards. Hearing held March
8, 2005.
[http://energy.senate.gov/hearings/witnesslist.cfm?id=1403]
U.S. Congress. Senate. Committee on Energy and Natural Resources. Department
of Energy Budget. Hearing held March 3, 2005.
[http://energy.senate.gov/hearings/witnesslist.cfm?id=1370]
U.S. Congress. House. Committee on Energy and Commerce. Subcommittee on
Energy and Air Quality. The Energy Policy Act of 2005: Ensuring Jobs for Our
Future with Secure and Reliable Energy.
Hearings held February 9, 10, and 16,
2005.
[http://energycommerce.house.gov/108/Hearings/02102005hearing1428/hearing.htm]

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U.S. Congress. House. Committee on Science. Improving the Nation’s Energy
Security: Can Cars and Trucks Be Made More Fuel Efficient? Hearing held
February 9, 2005.
[http://www.house.gov/science/hearings/full05/feb9/February92005.htm]
(Many hearings on Energy Efficiency and Renewable Energy held in the 108th
Congress are listed on the DOE Office of Energy Efficiency and Renewable Energy
website at [http://www.eere.energy.gov/office_eere/congressional_test.html.])
CRS Reports
CRS Issue Brief IB10020. Energy Efficiency: Budget, Oil Conservation, and
Electricity Conservation Issues
, by Fred Sissine.
CRS Issue Brief IB10041. Renewable Energy: Tax Credit, Budget, and Electricity
Production Issues
, by Fred Sissine.
CRS Report RL31205. Energy Efficiency and Energy Conservation Legislation in
the 107th Congress
, by Fred Sissine.
CRS Report RL31044. Renewable Energy Legislation in the 107th Congress, by Fred
Sissine.