EPAct05

An Assessment of Selected Technology and Efficiency Directives of the Energy Policy Act of 2005

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Executive Summary

On August 8, 2005, President Bush signed the Energy Policy Act of 2005 (EPAct05) into law. The most comprehensive rewrite of the nation's energy policy in more than 70 years, it covered almost every aspect of energy policy, from incentives for the development of energy resources and infrastructure to energy efficiency. One of EPAct05's most ambitious goals was to focus on the development of many new and emerging energy technologies.

EPAct05 contains nearly 70 provisions that require federal agencies to undertake research, development and demonstration of new technologies, to engage in public/private partnerships, or to make available financial incentives to the private sector for the development of these new energy technologies, which range from hydrogen and fuel cells to clean coal to greenhouse gas reduction.

It has been the consistent position of the U.S. Chamber that this nation must actively work to develop new technologies to either capture carbon emissions or produce energy without carbon emissions if it is to seriously address climate change and develop new sources of energy. The broad nature of the technology provisions of EPAct05 provided a long-term, solid path forward that could lead to major breakthroughs in new energy technologies. Therefore, the U.S. Chamber supported full implementation of these programs and created the Emerging Technologies Committee to monitor implementation efforts.

As part of the U.S. Chamber's monitoring activities, it published last year EPAct05: Enactment +1, which outlined the various energy technology programs to be implemented by the federal government under EPAct05. As the programs were just beginning, last year's report was merely a compilation of the programs and a few comments on the initial efforts. At that time, it was premature to really assess the value of agency activity.

This summer, as a part of the Chamber's efforts to evaluate federal activities to implement the technology provisions of EPAct05, Chamber staff contacted agency officials, staff, and managers of these energy technology programs to determine the progress of each program. For each, the Chamber sets forth the statutory requirements and the status of the program. In some instances, the Chamber was unable to secure any information on the program and thus filed requests for information under the Freedom of Information Act. In instances where reports are available online, the Chamber provides web addresses. In almost every section analyzed, the Chamber has included the name of the project manager so that interested parties may contact the federal official directly about the progress of the technology.

The overall purpose of EPAct05: Enactment +2 is to report on the status of the various technologies, not to criticize government agencies as implementation may be based on numerous factors - the primary one being funding. One aspect of implementation is clear, however: a significant number of the nearly 70 new energy technology and efficiency directives are unfunded, under-funded, or simply not implemented at all.

Programs requiring an agency to draft guidance or standards have generally been met. Programs that are self-implementing such as the Clean Renewable Energy Bonds program and the clean coal technologies investment tax credit program have been successful to date. However, a variety of initiatives that require funds for research and development activities, including many programs designed to develop the technologies mandated by EPAct05, are either non-starters or behind schedule.

The U.S. Chamber, the world's largest business federation representing more than three million businesses and organizations of every size, sector and region, strongly supports implementation of the Energy Policy Act of 2005. Hopefully, those interested in developing new energy technologies will use the information in this report to contact government officials responsible for developing their technology of interest to explain the nation's need for that technology and push for its development.

William L. Kovacs

Vice President

Environment, Technology & Regulatory Affairs

U.S. Chamber of Commerce

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