H.R.2454 - American Clean Energy And Security Act of 2009
To create clean energy jobs, achieve energy independence, reduce global warming pollution and transition to a clean energy economy.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in House | 159,219 | n/a | n/a |
| Reported in House | 190,427 | 1,292 | 28% |
| Engrossed in House | 245,590 | 2,258 | 41% |
| Placed on Calendar Senate | 244,332 | 9 Show Changes Hide Changes | 0% |
Key: changed or removed text inserted or modified text
Loading Bill Text
Rollover any line of text to comment and/or link to it.
HR 2454 EHPCSCommentsClose CommentsPermalink
Calendar No. 97CommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
H. R. 2454CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
July 6, 2009CommentsClose CommentsPermalink
Received and read the first timeCommentsClose CommentsPermalink
July 7, 2009CommentsClose CommentsPermalink
Read the second time and placed on the calendarCommentsClose CommentsPermalink
AN ACTCommentsClose CommentsPermalink
To create clean energy jobs, achieve energy independence, reduce global warming pollution and transition to a clean energy economy.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the ‘American Clean Energy and Security Act of 2009’.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
Sec. 2. Definitions.CommentsClose CommentsPermalink
Sec. 3. International participation.CommentsClose CommentsPermalink
TITLE I--CLEAN ENERGY
Subtitle A--Combined Efficiency and Renewable Electricity Standard
Sec. 101. Combined efficiency and renewable electricity standard.CommentsClose CommentsPermalink
‘Sec. 610. Combined efficiency and renewable electricity standard.CommentsClose CommentsPermalink
Sec. 102. Clarifying State authority to adopt renewable energy incentives.CommentsClose CommentsPermalink
Sec. 103. Federal renewable energy purchases.CommentsClose CommentsPermalink
Subtitle B--Carbon Capture and Sequestration
Sec. 111. National strategy.CommentsClose CommentsPermalink
Sec. 112. Regulations for geologic sequestration sites.CommentsClose CommentsPermalink
‘Sec. 813. Geologic sequestration sites.CommentsClose CommentsPermalink
Sec. 113. Studies and reports.CommentsClose CommentsPermalink
Sec. 114. Carbon capture and sequestration demonstration and early deployment program.CommentsClose CommentsPermalink
Sec. 115. Commercial deployment of carbon capture and sequestration technologies.CommentsClose CommentsPermalink
‘Sec. 786. Commercial deployment of carbon capture and sequestration technologies.CommentsClose CommentsPermalink
Sec. 116. Performance standards for coal-fueled power plants.CommentsClose CommentsPermalink
‘Sec. 812. Performance standards for new coal-fired power plants.CommentsClose CommentsPermalink
Subtitle C--Clean Transportation
Sec. 121. Electric vehicle infrastructure.CommentsClose CommentsPermalink
Sec. 122. Large-scale vehicle electrification program.CommentsClose CommentsPermalink
Sec. 123. Plug-in electric drive vehicle manufacturing.CommentsClose CommentsPermalink
Sec. 124. Investment in clean vehicles.CommentsClose CommentsPermalink
Sec. 125. Advanced technology vehicle manufacturing incentive loans.CommentsClose CommentsPermalink
Sec. 126. Definition of renewable biomass.CommentsClose CommentsPermalink
Sec. 127. Open fuel standard.CommentsClose CommentsPermalink
‘Sec. 32920. Open fuel standard for transportation.CommentsClose CommentsPermalink
Sec. 128. Diesel emissions reduction.CommentsClose CommentsPermalink
Sec. 129. Loan guarantees for projects to construct renewable fuel pipelines.CommentsClose CommentsPermalink
Sec. 130. Fleet vehicles.CommentsClose CommentsPermalink
Sec. 130A. Report on natural gas vehicle emissions reductions.CommentsClose CommentsPermalink
Subtitle D--State Energy and Environment Development Accounts
Sec. 131. Establishment of SEED Accounts.CommentsClose CommentsPermalink
Sec. 132. Support of State renewable energy and energy efficiency programs.CommentsClose CommentsPermalink
Sec. 133. Support of Indian renewable energy and energy efficiency programs.CommentsClose CommentsPermalink
Subtitle E--Smart Grid Advancement
Sec. 141. Definitions.CommentsClose CommentsPermalink
Sec. 142. Assessment of Smart Grid cost effectiveness in products.CommentsClose CommentsPermalink
Sec. 143. Inclusions of Smart Grid capability on appliance ENERGY GUIDE labels.CommentsClose CommentsPermalink
Sec. 144. Smart Grid peak demand reduction goals.CommentsClose CommentsPermalink
Sec. 145. Reauthorization of energy efficiency public information program to include Smart Grid information.CommentsClose CommentsPermalink
Sec. 146. Inclusion of Smart Grid features in appliance rebate program.CommentsClose CommentsPermalink
Subtitle F--Transmission Planning
Sec. 151. Transmission planning and siting.CommentsClose CommentsPermalink
‘Sec. 216A Transmission planning.CommentsClose CommentsPermalink
‘Sec. 216B. Siting and construction in the Western Interconnection.CommentsClose CommentsPermalink
Sec. 152. Net metering for Federal agencies.CommentsClose CommentsPermalink
Sec. 153. Support for qualified advanced electric transmission manufacturing plants, qualified high efficiency transmission property, and qualified advanced electric transmission property.CommentsClose CommentsPermalink
Subtitle G--Technical Corrections to Energy Laws
Sec. 161. Technical corrections to Energy Independence and Security Act of 2007.CommentsClose CommentsPermalink
Sec. 162. Technical corrections to Energy Policy Act of 2005.CommentsClose CommentsPermalink
Subtitle H--Energy and Efficiency Centers and Research
Sec. 171. Energy Innovation Hubs.CommentsClose CommentsPermalink
Sec. 172. Advanced energy research.CommentsClose CommentsPermalink
Sec. 173. Building Assessment Centers.CommentsClose CommentsPermalink
Sec. 174. Centers for Energy and Environmental Knowledge and Outreach.CommentsClose CommentsPermalink
Sec. 175. High efficiency gas turbine research, development, and demonstration.CommentsClose CommentsPermalink
Subtitle I--Nuclear and Advanced Technologies
Sec. 181. Revisions to loan guarantee program authority.CommentsClose CommentsPermalink
Sec. 182. Purpose.CommentsClose CommentsPermalink
Sec. 183. Definitions.CommentsClose CommentsPermalink
Sec. 184. Clean energy investment fund.CommentsClose CommentsPermalink
Sec. 185. Energy technology deployment goals.CommentsClose CommentsPermalink
Sec. 186. Clean energy deployment administration.CommentsClose CommentsPermalink
Sec. 187. Direct support.CommentsClose CommentsPermalink
Sec. 188. Indirect support.CommentsClose CommentsPermalink
Sec. 189. Federal credit authority.CommentsClose CommentsPermalink
Sec. 190. General provisions.CommentsClose CommentsPermalink
Sec. 191. Conforming amendments.CommentsClose CommentsPermalink
Subtitle J--Miscellaneous
Sec. 195. Increased hydroelectric generation at existing Federal facilities.CommentsClose CommentsPermalink
Sec. 196. Clean technology business competition grant program.CommentsClose CommentsPermalink
Sec. 197. National Bioenergy Partnership.CommentsClose CommentsPermalink
Sec. 198. Office of Consumer Advocacy.CommentsClose CommentsPermalink
‘Sec. 319. Office of Consumer Advocacy.CommentsClose CommentsPermalink
Sec. 199. Development corporation for renewable power borrowing authority.CommentsClose CommentsPermalink
Sec. 199A. Study.CommentsClose CommentsPermalink
TITLE II--ENERGY EFFICIENCY
Subtitle A--Building Energy Efficiency Programs
Sec. 201. Greater energy efficiency in building codes.CommentsClose CommentsPermalink
‘Sec. 304. Greater energy efficiency in building codes.CommentsClose CommentsPermalink
Sec. 202. Building retrofit program.CommentsClose CommentsPermalink
Sec. 203. Energy efficient manufactured homes.CommentsClose CommentsPermalink
Sec. 204. Building energy performance labeling program.CommentsClose CommentsPermalink
Sec. 205. Tree planting programs.CommentsClose CommentsPermalink
Sec. 206. Energy efficiency for data center buildings.CommentsClose CommentsPermalink
Sec. 207. Community building code administration grants.CommentsClose CommentsPermalink
Sec. 208. Solar energy systems building permit requirements for receipt of community development block grant funds.CommentsClose CommentsPermalink
Sec. 209. Prohibition of restrictions on residential installation of solar energy system.CommentsClose CommentsPermalink
Subtitle B--Lighting and Appliance Energy Efficiency Programs
Sec. 211. Lighting efficiency standards.CommentsClose CommentsPermalink
Sec. 212. Other appliance efficiency standards.CommentsClose CommentsPermalink
Sec. 213. Appliance efficiency determinations and procedures.CommentsClose CommentsPermalink
‘Sec. 334. Jurisdiction and venue.CommentsClose CommentsPermalink
Sec. 214. Best-in-Class Appliances Deployment Program.CommentsClose CommentsPermalink
Sec. 215. WaterSense.CommentsClose CommentsPermalink
Sec. 216. Federal procurement of water efficient products.CommentsClose CommentsPermalink
Sec. 217. Early adopter water efficient product incentive programs.CommentsClose CommentsPermalink
Sec. 218. Certified stoves program.CommentsClose CommentsPermalink
Sec. 219. Energy Star standards.CommentsClose CommentsPermalink
Subtitle C--Transportation Efficiency
Sec. 221. Emissions standards.CommentsClose CommentsPermalink
‘Part B--Mobile Sources
‘Sec. 821. Greenhouse gas emission standards for mobile sources.CommentsClose CommentsPermalink
Sec. 222. Greenhouse gas emissions reductions through transportation efficiency.CommentsClose CommentsPermalink
‘Part D--Transportation Emissions
‘Sec. 841. Greenhouse gas emissions reductions through transportation efficiency.CommentsClose CommentsPermalink
Sec. 223. SmartWay transportation efficiency program.CommentsClose CommentsPermalink
‘Sec. 822. SmartWay transportation efficiency program.CommentsClose CommentsPermalink
Sec. 224. State vehicle fleets.CommentsClose CommentsPermalink
Subtitle D--Industrial Energy Efficiency Programs
Sec. 241. Industrial plant energy efficiency standards.CommentsClose CommentsPermalink
Sec. 242. Electric and thermal waste energy recovery award program.CommentsClose CommentsPermalink
Sec. 243. Clarifying election of waste heat recovery financial incentives.CommentsClose CommentsPermalink
Sec. 244. Motor market assessment and commercial awareness program.CommentsClose CommentsPermalink
Sec. 245. Motor efficiency rebate program.CommentsClose CommentsPermalink
‘Sec. 347. Motor efficiency rebate program.CommentsClose CommentsPermalink
Sec. 246. Clean energy manufacturing revolving loan fund program.CommentsClose CommentsPermalink
‘Sec. 27. Clean energy manufacturing revolving loan fund program.CommentsClose CommentsPermalink
Sec. 247. Clean energy and efficiency manufacturing partnerships.CommentsClose CommentsPermalink
Sec. 248. Technical amendments.CommentsClose CommentsPermalink
Subtitle E--Improvements in Energy Savings Performance Contracting
Sec. 251. Energy savings performance contracts.CommentsClose CommentsPermalink
Subtitle F--Public Institutions
Sec. 261. Public institutions.CommentsClose CommentsPermalink
Sec. 262. Community energy efficiency flexibility.CommentsClose CommentsPermalink
Sec. 263. Small community joint participation.CommentsClose CommentsPermalink
Sec. 264. Low income community energy efficiency program.CommentsClose CommentsPermalink
Sec. 265. Consumer behavior research.CommentsClose CommentsPermalink
Subtitle G--Miscellaneous
Sec. 271. Energy efficient information and communications technologies.CommentsClose CommentsPermalink
‘Sec. 543. Energy efficient information and communications technologies.CommentsClose CommentsPermalink
Sec. 272. National energy efficiency goals.CommentsClose CommentsPermalink
Sec. 273. Affiliated island energy independence team.CommentsClose CommentsPermalink
Sec. 274. Product carbon disclosure program.CommentsClose CommentsPermalink
Sec. 275. Industrial energy efficiency education and training initiative.CommentsClose CommentsPermalink
Sec. 276. Sense of Congress.CommentsClose CommentsPermalink
Subtitle H--Green Resources for Energy Efficient Neighborhoods
Sec. 281. Short title.CommentsClose CommentsPermalink
Sec. 282. Definitions.CommentsClose CommentsPermalink
Sec. 283. Implementation of energy efficiency participation incentives for HUD programs.CommentsClose CommentsPermalink
Sec. 284. Basic HUD energy efficiency standards and standards for additional credit.CommentsClose CommentsPermalink
Sec. 285. Energy efficiency and conservation demonstration program for multifamily housing projects assisted with project-based rental assistance.CommentsClose CommentsPermalink
Sec. 286. Additional credit for Fannie Mae and Freddie Mac housing goals for energy-efficient and location-efficient mortgages.CommentsClose CommentsPermalink
Sec. 287. Duty to serve underserved markets for energy-efficient and location-efficient mortgages.CommentsClose CommentsPermalink
Sec. 288. Consideration of energy efficiency under FHA mortgage insurance programs and Native American and Native Hawaiian loan guarantee programs.CommentsClose CommentsPermalink
‘Sec. 543. Consideration of energy efficiency.CommentsClose CommentsPermalink
Sec. 289. Energy-efficient mortgages and location-efficient mortgages education and outreach campaign.CommentsClose CommentsPermalink
Sec. 290. Collection of information on energy-efficient and location-efficient mortgages through Home Mortgage Disclosure Act.CommentsClose CommentsPermalink
Sec. 291. Ensuring availability of homeowners insurance for homes not connected to electricity grid.CommentsClose CommentsPermalink
Sec. 292. Mortgage incentives for energy-efficient multifamily housing.CommentsClose CommentsPermalink
Sec. 293. Energy-efficient certifications for manufactured housing with mortgages.CommentsClose CommentsPermalink
Sec. 294. Assisted housing energy loan pilot program.CommentsClose CommentsPermalink
Sec. 295. Making it green.CommentsClose CommentsPermalink
Sec. 296. Residential energy efficiency block grant program.CommentsClose CommentsPermalink
‘Sec. 123. Residential energy efficiency block grant program.CommentsClose CommentsPermalink
Sec. 297. Including sustainable development and transportation strategies in comprehensive housing affordability strategies.CommentsClose CommentsPermalink
Sec. 298. Grant program to increase sustainable low-income community development capacity.CommentsClose CommentsPermalink
Sec. 299. HOPE VI green developments requirement.CommentsClose CommentsPermalink
Sec. 299A. Consideration of energy efficiency improvements in appraisals.CommentsClose CommentsPermalink
Sec. 299B. Housing Assistance Council.CommentsClose CommentsPermalink
Sec. 299C. Rural housing and economic development assistance.CommentsClose CommentsPermalink
Sec. 299D. Loans to States and Indian tribes to carry out renewable energy sources activities.CommentsClose CommentsPermalink
Sec. 299E. Green banking centers.CommentsClose CommentsPermalink
Sec. 299F. GAO reports on availability of affordable mortgages.CommentsClose CommentsPermalink
Sec. 299G. Public housing energy cost report.CommentsClose CommentsPermalink
Sec. 299H. Secondary market for residential renewable energy lease instruments.CommentsClose CommentsPermalink
Sec. 299I. Green guarantees.CommentsClose CommentsPermalink
TITLE III--REDUCING GLOBAL WARMING POLLUTION
Sec. 301. Short title.CommentsClose CommentsPermalink
Subtitle A--Reducing Global Warming Pollution
Sec. 311. Reducing global warming pollution.CommentsClose CommentsPermalink
‘TITLE VII--GLOBAL WARMING POLLUTION REDUCTION PROGRAM
‘Part A--Global Warming Pollution Reduction Goals and Targets
‘Sec. 701. Findings and purpose.CommentsClose CommentsPermalink
‘Sec. 702. Economy-wide reduction goals.CommentsClose CommentsPermalink
‘Sec. 703. Reduction targets for specified sources.CommentsClose CommentsPermalink
‘Sec. 704. Supplemental pollution reductions.CommentsClose CommentsPermalink
‘Sec. 705. Review and program recommendations.CommentsClose CommentsPermalink
‘Sec. 706. National Academy review.CommentsClose CommentsPermalink
‘Sec. 707. Presidential response and recommendations.CommentsClose CommentsPermalink
‘Part B--Designation and Registration of Greenhouse Gases
‘Sec. 711. Designation of greenhouse gases.CommentsClose CommentsPermalink
‘Sec. 712. Carbon dioxide equivalent value of greenhouse gases.CommentsClose CommentsPermalink
‘Sec. 713. Greenhouse gas registry.CommentsClose CommentsPermalink
‘Part C--Program Rules
‘Sec. 721. Emission allowances.CommentsClose CommentsPermalink
‘Sec. 722. Prohibition of excess emissions.CommentsClose CommentsPermalink
‘Sec. 723. Penalty for noncompliance.CommentsClose CommentsPermalink
‘Sec. 724. Trading.CommentsClose CommentsPermalink
‘Sec. 725. Banking and borrowing.CommentsClose CommentsPermalink
‘Sec. 726. Strategic reserve.CommentsClose CommentsPermalink
‘Sec. 727. Permits.CommentsClose CommentsPermalink
‘Sec. 728. International emission allowances.CommentsClose CommentsPermalink
‘Part D--Offsets
‘Sec. 731. Offsets Integrity Advisory Board.CommentsClose CommentsPermalink
‘Sec. 732. Establishment of offsets program.CommentsClose CommentsPermalink
‘Sec. 733. Eligible project types.CommentsClose CommentsPermalink
‘Sec. 734. Requirements for offset projects.CommentsClose CommentsPermalink
‘Sec. 735. Approval of offset projects.CommentsClose CommentsPermalink
‘Sec. 736. Verification of offset projects.CommentsClose CommentsPermalink
‘Sec. 737. Issuance of offset credits.CommentsClose CommentsPermalink
‘Sec. 738. Audits.CommentsClose CommentsPermalink
‘Sec. 739. Program review and revision.CommentsClose CommentsPermalink
‘Sec. 740. Early offset supply.CommentsClose CommentsPermalink
‘Sec. 741. Environmental considerations.CommentsClose CommentsPermalink
‘Sec. 742. Trading.CommentsClose CommentsPermalink
‘Sec. 743. International offset credits.CommentsClose CommentsPermalink
‘Part E--Supplemental Emissions Reductions From Reduced Deforestation
‘Sec. 751. Definitions.CommentsClose CommentsPermalink
‘Sec. 752. Findings.CommentsClose CommentsPermalink
‘Sec. 753. Supplemental emissions reductions through reduced deforestation.CommentsClose CommentsPermalink
‘Sec. 754. Requirements for international deforestation reduction program.CommentsClose CommentsPermalink
‘Sec. 755. Reports and reviews.CommentsClose CommentsPermalink
‘Sec. 756. Legal effect of part.CommentsClose CommentsPermalink
Sec. 312. Definitions.CommentsClose CommentsPermalink
‘Sec. 700. Definitions.CommentsClose CommentsPermalink
Subtitle B--Disposition of Allowances
Sec. 321. Disposition of allowances for global warming pollution reduction program.CommentsClose CommentsPermalink
‘Part H--Disposition of Allowances
‘Sec. 781. Allocation of allowances for supplemental reductions.CommentsClose CommentsPermalink
‘Sec. 782. Allocation of emission allowances.CommentsClose CommentsPermalink
‘Sec. 783. Electricity consumers.CommentsClose CommentsPermalink
‘Sec. 784. Natural gas consumers.CommentsClose CommentsPermalink
‘Sec. 785. Home heating oil, propane, and kerosene consumers.CommentsClose CommentsPermalink
‘Sec. 787. Allocations to refineries.CommentsClose CommentsPermalink
‘Sec. 788. Supplemental agriculture and renewable energy incentives programs.CommentsClose CommentsPermalink
‘Sec. 789. Climate change consumer refunds.CommentsClose CommentsPermalink
‘Sec. 790. Exchange for State-issued allowances.CommentsClose CommentsPermalink
‘Sec. 791. Auction procedures.CommentsClose CommentsPermalink
‘Sec. 792. Auctioning allowances for other entities.CommentsClose CommentsPermalink
‘Sec. 793. Establishment of funds.CommentsClose CommentsPermalink
‘Sec. 794. Oversight of allocations.CommentsClose CommentsPermalink
‘Sec. 795. Exchange for early action offset credits.CommentsClose CommentsPermalink
Subtitle C--Additional Greenhouse Gas Standards
Sec. 331. Greenhouse gas standards.CommentsClose CommentsPermalink
‘TITLE VIII--ADDITIONAL GREENHOUSE GAS STANDARDS
‘Sec. 801. Definitions.CommentsClose CommentsPermalink
‘Part A--Stationary Source Standards
‘Sec. 811. Standards of performance.CommentsClose CommentsPermalink
‘Part C--Exemptions From Other Programs
‘Sec. 831. Criteria pollutants.CommentsClose CommentsPermalink
‘Sec. 832. International air pollution.CommentsClose CommentsPermalink
‘Sec. 833. Hazardous air pollutants.CommentsClose CommentsPermalink
‘Sec. 834. New source review.CommentsClose CommentsPermalink
‘Sec. 835. Title V permits.CommentsClose CommentsPermalink
Sec. 332. HFC Regulation.CommentsClose CommentsPermalink
‘Sec. 619. Hydrofluorocarbons (HFCs).CommentsClose CommentsPermalink
Sec. 333. Black carbon.CommentsClose CommentsPermalink
‘Part E--Black Carbon
‘Sec. 851. Black carbon.CommentsClose CommentsPermalink
Sec. 334. States.CommentsClose CommentsPermalink
Sec. 335. State programs.CommentsClose CommentsPermalink
‘Part F--Miscellaneous
‘Sec. 861. State programs.CommentsClose CommentsPermalink
‘Sec. 862. Grants for support of air pollution control programs.CommentsClose CommentsPermalink
Sec. 336. Enforcement.CommentsClose CommentsPermalink
Sec. 337. Conforming amendments.CommentsClose CommentsPermalink
Sec. 338. Davis-Bacon compliance.CommentsClose CommentsPermalink
Sec. 339. National strategy for domestic biological carbon sequestration.CommentsClose CommentsPermalink
Sec. 340. Reducing acid rain and mercury pollution.CommentsClose CommentsPermalink
Subtitle D--Carbon Market Assurance
Sec. 341. Carbon market assurance.CommentsClose CommentsPermalink
‘Part IV--Carbon Market Assurance
‘Sec. 401. Oversight and assurance of carbon markets.CommentsClose CommentsPermalink
‘Sec. 402. Applicability of Part III provisions.CommentsClose CommentsPermalink
‘Sec. 1041. Fraud and false statements in connection with regulated allowances.CommentsClose CommentsPermalink
Sec. 342. Carbon derivative markets.CommentsClose CommentsPermalink
Subtitle E--Additional Market Assurance
Sec. 351. Regulation of certain transactions in derivatives involving energy commodities.CommentsClose CommentsPermalink
Sec. 352. No effect on authority of the Federal Energy Regulatory Commission.CommentsClose CommentsPermalink
Sec. 353. Inspector General of the Commodity Futures Trading Commission.CommentsClose CommentsPermalink
Sec. 354. Settlement and clearing through registered derivatives clearing organizations.CommentsClose CommentsPermalink
Sec. 355. Limitation on eligibility to purchase a credit default swap.CommentsClose CommentsPermalink
Sec. 356. Transaction fees.CommentsClose CommentsPermalink
Sec. 357. No effect on antitrust law or authority of the Federal Trade Commission.CommentsClose CommentsPermalink
Sec. 358. Effect of derivatives regulatory reform legislation.CommentsClose CommentsPermalink
Sec. 359. Cease-and-desist authority.CommentsClose CommentsPermalink
Sec. 360. Presidential review of regulations.CommentsClose CommentsPermalink
TITLE IV--TRANSITIONING TO A CLEAN ENERGY ECONOMY
Subtitle A--Ensuring Real Reductions in Industrial Emissions
Sec. 401. Ensuring real reductions in industrial emissions.CommentsClose CommentsPermalink
‘Part F--Ensuring Real Reductions in Industrial Emissions
‘Sec. 761. Purposes.CommentsClose CommentsPermalink
‘Sec. 762. Definitions.CommentsClose CommentsPermalink
‘subpart 1--emission allowance rebate program
‘Sec. 763. Eligible industrial sectors.CommentsClose CommentsPermalink
‘Sec. 764. Distribution of emission allowance rebates.CommentsClose CommentsPermalink
‘subpart 2--promoting international reductions in industrial emissions
‘Sec. 765. International negotiations.CommentsClose CommentsPermalink
‘Sec. 766. United States negotiating objectives with respect to multilateral environmental negotiations.CommentsClose CommentsPermalink
‘Sec. 767. Presidential reports and determinations.CommentsClose CommentsPermalink
‘Sec. 768. International reserve allowance program.CommentsClose CommentsPermalink
‘Sec. 769. Iron and steel sector.CommentsClose CommentsPermalink
Subtitle B--Green Jobs and Worker Transition
Part 1--Green Jobs
Sec. 421. Clean energy curriculum development grants.CommentsClose CommentsPermalink
Sec. 422. Increased funding for energy worker training program.CommentsClose CommentsPermalink
Sec. 423. Development of Information and Resources clearinghouse for vocational education and job training in renewable energy sectors.CommentsClose CommentsPermalink
Sec. 424. Monitoring program effectiveness.CommentsClose CommentsPermalink
Sec. 424A. Green construction careers demonstration project.CommentsClose CommentsPermalink
Part 2--Climate Change Worker Adjustment Assistance
Sec. 425. Petitions, eligibility requirements, and determinations.CommentsClose CommentsPermalink
Sec. 426. Program benefits.CommentsClose CommentsPermalink
Sec. 427. General provisions.CommentsClose CommentsPermalink
Subtitle C--Consumer Assistance
Sec. 431. Energy refund program.CommentsClose CommentsPermalink
‘TITLE XXII--ENERGY REFUND PROGRAM
‘Sec. 2201. Energy refund program.CommentsClose CommentsPermalink
Sec. 432. Modification of earned income credit amount for individuals with no qualifying children.CommentsClose CommentsPermalink
Sec. 433. Protection of Social Security and Medicare trust funds.CommentsClose CommentsPermalink
Subtitle D--Exporting Clean Technology
Sec. 441. Findings and purposes.CommentsClose CommentsPermalink
Sec. 442. Definitions.CommentsClose CommentsPermalink
Sec. 443. Governance.CommentsClose CommentsPermalink
Sec. 444. Determination of eligible countries.CommentsClose CommentsPermalink
Sec. 445. Qualifying activities.CommentsClose CommentsPermalink
Sec. 446. Assistance.CommentsClose CommentsPermalink
Subtitle E--Adapting to Climate Change
Part 1--Domestic Adaptation
subpart a--national climate change adaptation program
Sec. 451. Global change research and data management.CommentsClose CommentsPermalink
Sec. 452. National Climate Service.CommentsClose CommentsPermalink
Sec. 453. State programs to build resilience to climate change impacts.CommentsClose CommentsPermalink
subpart b--public health and climate change
Sec. 461. Sense of Congress on public health and climate change.CommentsClose CommentsPermalink
Sec. 462. Relationship to other laws.CommentsClose CommentsPermalink
Sec. 463. National strategic action plan.CommentsClose CommentsPermalink
Sec. 464. Advisory board.CommentsClose CommentsPermalink
Sec. 465. Reports.CommentsClose CommentsPermalink
Sec. 466. Definitions.CommentsClose CommentsPermalink
Sec. 467. Climate Change Health Protection and Promotion Fund.CommentsClose CommentsPermalink
subpart c--natural resource adaptation
Sec. 471. Purposes.CommentsClose CommentsPermalink
Sec. 472. Natural resources climate change adaptation policy.CommentsClose CommentsPermalink
Sec. 473. Definitions.CommentsClose CommentsPermalink
Sec. 474. Council on Environmental Quality.CommentsClose CommentsPermalink
Sec. 475. Natural Resources Climate Change Adaptation Panel.CommentsClose CommentsPermalink
Sec. 476. Natural Resources Climate Change Adaptation Strategy.CommentsClose CommentsPermalink
Sec. 477. Natural resources adaptation science and information.CommentsClose CommentsPermalink
Sec. 478. Federal natural resource agency adaptation plans.CommentsClose CommentsPermalink
Sec. 479. State natural resources adaptation plans.CommentsClose CommentsPermalink
Sec. 480. Natural Resources Climate Change Adaptation Fund.CommentsClose CommentsPermalink
Sec. 481. National Wildlife Habitat and Corridors Information Program.CommentsClose CommentsPermalink
Sec. 482. Additional provisions regarding Indian tribes.CommentsClose CommentsPermalink
Part 2--International Climate Change Adaptation Program
Sec. 491. Findings and purposes.CommentsClose CommentsPermalink
Sec. 492. Definitions.CommentsClose CommentsPermalink
Sec. 493. International Climate Change Adaptation Program.CommentsClose CommentsPermalink
Sec. 494. Distribution of allowances.CommentsClose CommentsPermalink
Sec. 495. Bilateral assistance.CommentsClose CommentsPermalink
TITLE V--AGRICULTURAL AND FORESTRY RELATED OFFSETS
Subtitle A--Offset Credit Program From Domestic Agricultural and Forestry Sources
Sec. 501. Definitions.CommentsClose CommentsPermalink
Sec. 502. Establishment of offset credit program from domestic agricultural and forestry sources.CommentsClose CommentsPermalink
Sec. 503. List of eligible domestic agricultural and forestry offset practice types.CommentsClose CommentsPermalink
Sec. 504. Requirements for domestic agricultural and forestry practices.CommentsClose CommentsPermalink
Sec. 505. Project plan submission and approval.CommentsClose CommentsPermalink
Sec. 506. Verification of offset practices.CommentsClose CommentsPermalink
Sec. 507. Certification of offset credits.CommentsClose CommentsPermalink
Sec. 508. Ownership and transfer of offset credits.CommentsClose CommentsPermalink
Sec. 509. Program review and revision.CommentsClose CommentsPermalink
Sec. 510. Environmental considerations.CommentsClose CommentsPermalink
Sec. 511. Audits.CommentsClose CommentsPermalink
Subtitle B--USDA Greenhouse Gas Emission Reduction and Sequestration Advisory Committee
Sec. 531. Establishment of USDA Greenhouse Gas Emission Reduction and Sequestration Advisory Committee.CommentsClose CommentsPermalink
Subtitle C--Miscellaneous
Sec. 551. International indirect land use changes.CommentsClose CommentsPermalink
Sec. 552. Biomass-based diesel.CommentsClose CommentsPermalink
Sec. 553. Modification of definition of renewable biomass.CommentsClose CommentsPermalink
SEC. 2. DEFINITIONS.
For purposes of this Act:CommentsClose CommentsPermalink
(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Environmental Protection Agency.CommentsClose CommentsPermalink
(2) STATE- The term ‘State’ has the meaning given that term in section 302 of the Clean Air Act.CommentsClose CommentsPermalink
SEC. 3. INTERNATIONAL PARTICIPATION.
The Administrator, in consultation with the Department of State and the United States Trade Representative, shall annually prepare and certify a report to the Congress regarding whether China and India have adopted greenhouse gas emissions standards at least as strict as those standards required under this Act. If the Administrator determines that China and India have not adopted greenhouse gas emissions standards at least as stringent as those set forth in this Act, the Administrator shall notify each Member of Congress of his determination, and shall release his determination to the media.CommentsClose CommentsPermalink
TITLE I--CLEAN ENERGYCommentsClose CommentsPermalink
Subtitle A--Combined Efficiency and Renewable Electricity StandardCommentsClose CommentsPermalink
SEC. 101. COMBINED EFFICIENCY AND RENEWABLE ELECTRICITY STANDARD.
(a) In General- Title VI of the Public Utility Regulatory Policies Act of 1978 (
‘SEC. 610. COMBINED EFFICIENCY AND RENEWABLE ELECTRICITY STANDARD.
‘(a) Definitions- For purposes of this section:CommentsClose CommentsPermalink
‘(1) CHP SAVINGS- The term ‘CHP savings’ means--CommentsClose CommentsPermalink
‘(A) CHP system savings from a combined heat and power system that commences operation after the date of enactment of this section; andCommentsClose CommentsPermalink
‘(B) the increase in CHP system savings from, at any time after the date of the enactment of this section, upgrading, replacing, expanding, or increasing the utilization of a combined heat and power system that commenced operation on or before the date of enactment of this section.CommentsClose CommentsPermalink
‘(2) CHP SYSTEM SAVINGS- The term ‘CHP system savings’ means the increment of electric output of a combined heat and power system that is attributable to the higher efficiency of the combined system (as compared to the efficiency of separate production of the electric and thermal outputs).CommentsClose CommentsPermalink
‘(3) COMBINED HEAT AND POWER SYSTEM- The term ‘combined heat and power system’ means a system that uses the same energy source both for the generation of electrical or mechanical power and the production of steam or another form of useful thermal energy, provided that--CommentsClose CommentsPermalink
‘(A) the system meets such requirements relating to efficiency and other operating characteristics as the Commission may promulgate by regulation; andCommentsClose CommentsPermalink
‘(B) the net sales of electricity by the facility to customers not consuming the thermal output from that facility will not exceed 50 percent of total annual electric generation by the facility.CommentsClose CommentsPermalink
‘(4) CUSTOMER FACILITY SAVINGS- The term ‘customer facility savings’ means a reduction in end-use electricity consumption (including recycled energy savings) at a facility of an end-use consumer of electricity served by a retail electric supplier, as compared to--CommentsClose CommentsPermalink
‘(A) in the case of a new facility, consumption at a reference facility of average efficiency;CommentsClose CommentsPermalink
‘(B) in the case of an existing facility, consumption at such facility during a base period, except as provided in subparagraphs (C) and (D);CommentsClose CommentsPermalink
‘(C) in the case of new equipment that replaces existing equipment with remaining useful life, the projected consumption of the existing equipment for the remaining useful life of such equipment, and thereafter, consumption of new equipment of average efficiency of the same equipment type; andCommentsClose CommentsPermalink
‘(D) in the case of new equipment that replaces existing equipment at the end of the useful life of the existing equipment, consumption by new equipment of average efficiency of the same equipment type.CommentsClose CommentsPermalink
‘(5) DISTRIBUTED RENEWABLE GENERATION FACILITY- The term ‘distributed renewable generation facility’ means a facility that--CommentsClose CommentsPermalink
‘(A) generates renewable electricity;CommentsClose CommentsPermalink
‘(B) primarily serves 1 or more electricity consumers at or near the facility site; andCommentsClose CommentsPermalink
‘(C) is no greater than--CommentsClose CommentsPermalink
‘(i) 2 megawatts in capacity; orCommentsClose CommentsPermalink
‘(ii) 4 megawatts in capacity, in the case of a facility that is placed in service after the date of enactment of this section and generates electricity from a renewable energy resource other than by means of combustion.CommentsClose CommentsPermalink
‘(6) ELECTRICITY SAVINGS- The term ‘electricity savings’ means reductions in electricity consumption, relative to business-as-usual projections, achieved through measures implemented after the date of enactment of this section, limited to--CommentsClose CommentsPermalink
‘(A) customer facility savings of electricity, adjusted to reflect any associated increase in fuel consumption at the facility;CommentsClose CommentsPermalink
‘(B) reductions in distribution system losses of electricity achieved by a retail electricity distributor, as compared to losses attributable to new or replacement distribution system equipment of average efficiency;CommentsClose CommentsPermalink
‘(C) CHP savings; andCommentsClose CommentsPermalink
‘(D) fuel cell savings.CommentsClose CommentsPermalink
‘(7) CENTRAL PROCUREMENT STATE- The term ‘central procurement State’ means a State that, as of January 1, 2009, had adopted and implemented a legally enforceable mandate that, in lieu of requiring utilities to submit credits or certificates issued based on generation of electricity from (or to purchase or generate electricity from) resources defined by the State as renewable, requires retail electric suppliers to collect payments from electricity ratepayers within the State that are used for central procurement, by a State agency or a public benefit corporation established pursuant to State law, of credits or certificates issued based on generation of electricity from resources defined by the State as renewable.CommentsClose CommentsPermalink
‘(8) FEDERAL RENEWABLE ELECTRICITY CREDIT- The term ‘Federal renewable electricity credit’ means a credit, representing one megawatt hour of renewable electricity, issued pursuant to subsection (e).CommentsClose CommentsPermalink
‘(9) FUEL CELL- The term ‘fuel cell’ means a device that directly converts the chemical energy of a fuel and an oxidant into electricity by electrochemical processes occurring at separate electrodes in the device.CommentsClose CommentsPermalink
‘(10) FUEL CELL SAVINGS- The term ‘fuel cell savings’ means the electricity saved by a fuel cell that is installed after the date of enactment of this section, or by upgrading a fuel cell that commenced operation on or before the date of enactment of this section, as a result of the greater efficiency with which the fuel cell transforms fuel into electricity as compared with sources of electricity delivered through the grid, provided that--CommentsClose CommentsPermalink
‘(A) the fuel cell meets such requirements relating to efficiency and other operating characteristics as the Commission may promulgate by regulation; andCommentsClose CommentsPermalink
‘(B) the net sales of electricity from the fuel cell to customers not consuming the thermal output from the fuel cell, if any, do not exceed 50 percent of the total annual electricity generation by the fuel cell.CommentsClose CommentsPermalink
‘(11) OTHER QUALIFYING ENERGY RESOURCE- The term ‘other qualifying energy resource’ means any of the following:CommentsClose CommentsPermalink
‘(A) Landfill gas.CommentsClose CommentsPermalink
‘(B) Wastewater treatment gas.CommentsClose CommentsPermalink
‘(C) Coal mine methane used to generate electricity at or near the mine mouth.CommentsClose CommentsPermalink
‘(D) Qualified waste-to-energy.CommentsClose CommentsPermalink
‘(12) QUALIFIED HYDROPOWER- The term ‘qualified hydropower’ means--CommentsClose CommentsPermalink
‘(A) energy produced from increased efficiency achieved, or additions of capacity made, on or after January 1, 1988, at a hydroelectric facility that was placed in service before that date and does not include additional energy generated as a result of operational changes not directly associated with efficiency improvements or capacity additions; orCommentsClose CommentsPermalink
‘(B) energy produced from generating capacity added to a dam on or after January 1, 1988, provided that the Commission certifies that--CommentsClose CommentsPermalink
‘(i) the dam was placed in service before the date of the enactment of this section and was operated for flood control, navigation, or water supply purposes and was not producing hydroelectric power prior to the addition of such capacity;CommentsClose CommentsPermalink
‘(ii) the hydroelectric project installed on the dam is licensed (or is exempt from licensing) by the Commission and is in compliance with the terms and conditions of the license or exemption, and with other applicable legal requirements for the protection of environmental quality, including applicable fish passage requirements; andCommentsClose CommentsPermalink
‘(iii) the hydroelectric project installed on the dam is operated so that the water surface elevation at any given location and time that would have occurred in the absence of the hydroelectric project is maintained, subject to any license or exemption requirements that require changes in water surface elevation for the purpose of improving the environmental quality of the affected waterway.CommentsClose CommentsPermalink
‘(13) QUALIFIED WASTE-TO-ENERGY- The term ‘qualified waste-to-energy’ means energy from the combustion of municipal solid waste or construction, demolition, or disaster debris, or from the gasification or pyrolization of such waste or debris and the combustion of the resulting gas at the same facility, provided that--CommentsClose CommentsPermalink
‘(A) such term shall include only the energy derived from the non-fossil biogenic portion of such waste or debris;CommentsClose CommentsPermalink
‘(B) the Commission determines, with the concurrence of the Administrator of the Environmental Protection Agency, that the total lifecycle greenhouse gas emissions attributable to the generation of electricity from such waste or debris are lower than those attributable to the likely alternative method of disposing of such waste or debris; andCommentsClose CommentsPermalink
‘(C) the owner or operator of the facility generating electricity from such energy provides to the Commission, on an annual basis--CommentsClose CommentsPermalink
‘(i) a certification that the facility is in compliance with all applicable State, tribal, and Federal environmental permits;CommentsClose CommentsPermalink
‘(ii) in the case of a facility that commenced operation before the date of enactment of this section, a certification that the facility meets emissions standards promulgated under section 112 or 129 of the Clean Air Act (
or 7429) that apply as of the date of enactment of this section to new facilities within the relevant source category; andCommentsClose CommentsPermalink 42 U.S.C. 7412 ‘(iii) in the case of the combustion, pyrolization, or gasification of municipal solid waste, a certification that each local government unit from which such waste originates operates, participates in the operation of, contracts for, or otherwise provides for, recycling services for its residents.CommentsClose CommentsPermalink
‘(14) RECYCLED ENERGY SAVINGS- The term ‘recycled energy savings’ means a reduction in electricity consumption that results from a modification of an industrial or commercial system that commenced operation before the date of enactment of this section, in order to recapture electrical, mechanical, or thermal energy that would otherwise be wasted.CommentsClose CommentsPermalink
‘(15) RENEWABLE BIOMASS- The term ‘renewable biomass’ means any of the following:CommentsClose CommentsPermalink
‘(A) Materials, pre-commercial thinnings, or removed invasive species from National Forest System land and public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (
)), including those that are byproducts of preventive treatments (such as trees, wood, brush, thinnings, chips, and slash), that are removed as part of a federally recognized timber sale, or that are removed to reduce hazardous fuels, to reduce or contain disease or insect infestation, or to restore ecosystem health, and that are--CommentsClose CommentsPermalink 43 U.S.C. 1702
‘(i) not from components of the National Wilderness Preservation System, Wilderness Study Areas, Inventoried Roadless Areas, old growth stands, late-successional stands (except for dead, severely damaged, or badly infested trees), components of the National Landscape Conservation System, National Monuments, National Conservation Areas, Designated Primitive Areas, or Wild and Scenic Rivers corridors;CommentsClose CommentsPermalink
‘(ii) harvested in environmentally sustainable quantities, as determined by the appropriate Federal land manager; andCommentsClose CommentsPermalink
‘(iii) harvested in accordance with Federal and State law, and applicable land management plans.CommentsClose CommentsPermalink
‘(B) Any organic matter that is available on a renewable or recurring basis from non-Federal land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including--CommentsClose CommentsPermalink
‘(i) renewable plant material, including--CommentsClose CommentsPermalink
‘(I) feed grains;CommentsClose CommentsPermalink
‘(II) other agricultural commodities;CommentsClose CommentsPermalink
‘(III) other plants and trees; andCommentsClose CommentsPermalink
‘(IV) algae; andCommentsClose CommentsPermalink
‘(ii) waste material, including--CommentsClose CommentsPermalink
‘(I) crop residue;CommentsClose CommentsPermalink
‘(II) other vegetative waste material (including wood waste and wood residues);CommentsClose CommentsPermalink
‘(III) animal waste and byproducts (including fats, oils, greases, and manure);CommentsClose CommentsPermalink
‘(IV) construction waste; andCommentsClose CommentsPermalink
‘(V) food waste and yard waste.CommentsClose CommentsPermalink
‘(C) Residues and byproducts from wood, pulp, or paper products facilities.CommentsClose CommentsPermalink
‘(16) RENEWABLE ELECTRICITY- The term ‘renewable electricity’ means electricity generated (including by means of a fuel cell) from a renewable energy resource or other qualifying energy resources.CommentsClose CommentsPermalink
‘(17) RENEWABLE ENERGY RESOURCE- The term ‘renewable energy resource’ means each of the following:CommentsClose CommentsPermalink
‘(A) Wind energy.CommentsClose CommentsPermalink
‘(B) Solar energy.CommentsClose CommentsPermalink
‘(C) Geothermal energy.CommentsClose CommentsPermalink
‘(D) Renewable biomass.CommentsClose CommentsPermalink
‘(E) Biogas derived exclusively from renewable biomass.CommentsClose CommentsPermalink
‘(F) Biofuels derived exclusively from renewable biomass.CommentsClose CommentsPermalink
‘(G) Qualified hydropower.CommentsClose CommentsPermalink
‘(H) Marine and hydrokinetic renewable energy, as that term is defined in section 632 of the Energy Independence and Security Act of 2007 (
).CommentsClose CommentsPermalink 42 U.S.C. 17211 ‘(18) RETAIL ELECTRIC SUPPLIER-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘retail electric supplier’ means, for any given year, an electric utility that sold not less than 4,000,000 megawatt hours of electric energy to electric consumers for purposes other than resale during the preceding calendar year.CommentsClose CommentsPermalink
‘(B) INCLUSIONS AND LIMITATIONS- For purposes of determining whether an electric utility qualifies as a retail electric supplier under subparagraph (A)--CommentsClose CommentsPermalink
‘(i) the sales of any affiliate of an electric utility to electric consumers, other than sales to the affiliate’s lessees or tenants, for purposes other than resale shall be considered to be sales of such electric utility; andCommentsClose CommentsPermalink
‘(ii) sales by any electric utility to an affiliate, lessee, or tenant of such electric utility shall not be treated as sales to electric consumers.CommentsClose CommentsPermalink
‘(C) AFFILIATE- For purposes of this paragraph, the term ‘affiliate’ when used in relation to a person, means another person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, such person, as determined under regulations promulgated by the Commission.CommentsClose CommentsPermalink
‘(19) RETAIL ELECTRIC SUPPLIER’S BASE AMOUNT- The term ‘retail electric supplier’s base amount’ means the total amount of electric energy sold by the retail electric supplier, expressed in megawatt hours, to electric customers for purposes other than resale during the relevant calendar year, excluding--CommentsClose CommentsPermalink
‘(A) electricity generated by a hydroelectric facility that is not qualified hydropower;CommentsClose CommentsPermalink
‘(B) electricity generated by a nuclear generating unit placed in service after the date of enactment of this section; andCommentsClose CommentsPermalink
‘(C) the proportion of electricity generated by a fossil-fueled generating unit that is equal to the proportion of greenhouse gases produced by such unit that are captured and geologically sequestered.CommentsClose CommentsPermalink
‘(20) RETIRE AND RETIREMENT- The terms ‘retire’ and ‘retirement’ with respect to a Federal renewable electricity credit, means to disqualify such credit for any subsequent use under this section, regardless of whether the use is a sale, transfer, exchange, or submission in satisfaction of a compliance obligation.CommentsClose CommentsPermalink
‘(21) THIRD-PARTY EFFICIENCY PROVIDER- The term ‘third-party efficiency provider’ means any retailer, building owner, energy service company, financial institution or other commercial, industrial or nonprofit entity that is capable of providing electricity savings in accordance with the requirements of this section.CommentsClose CommentsPermalink
‘(22) TOTAL ANNUAL ELECTRICITY SAVINGS- The term ‘total annual electricity savings’ means electricity savings during a specified calendar year from measures implemented since the date of the enactment of this section, taking into account verified measure lifetimes or verified annual savings attrition rates, as determined in accordance with such regulations as the Commission may promulgate and measured in megawatt hours.CommentsClose CommentsPermalink
‘(b) Annual Compliance Obligation-CommentsClose CommentsPermalink
‘(1) IN GENERAL- For each of calendar years 2012 through 2039, not later than March 31 of the following calendar year, each retail electric supplier shall submit to the Commission an amount of Federal renewable electricity credits and demonstrated total annual electricity savings that, in the aggregate, is equal to such retail electric supplier’s annual combined target as set forth in subsection (d), except as otherwise provided in subsection (h).CommentsClose CommentsPermalink
‘(2) DEMONSTRATION OF SAVINGS- For purposes of this subsection, submission of demonstrated total annual electricity savings means submission of a report that demonstrates, in accordance with the requirements of subsection (f), the total annual electricity savings achieved by the retail electric supplier within the relevant compliance year.CommentsClose CommentsPermalink
‘(3) RENEWABLE ELECTRICITY CREDITS PORTION- Except as provided in paragraph (4), each retail electric supplier must submit Federal renewable electricity credits equal to at least three quarters of the retail electric supplier’s annual combined target.CommentsClose CommentsPermalink
‘(4) STATE PETITION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Upon written request from the Governor of any State (including, for purposes of this paragraph, the Mayor of the District of Columbia), the Commission shall increase, to not more than two fifths, the proportion of the annual combined targets of retail electric suppliers located within such State that may be met through submission of demonstrated total annual electricity savings, provided that such increase shall be effective only with regard to the portion of a retail electric supplier’s annual combined target that is attributable to electricity sales within such State.CommentsClose CommentsPermalink
‘(B) CONTENTS- A Governor’s request under this paragraph shall include an explanation of the Governor’s rationale for determining, after consultation with the relevant State regulatory authority and other retail electricity ratemaking authorities within the State, to make such request. The request shall specify the maximum proportion of annual combined targets (not more than two fifths) that can be met through demonstrated total annual electricity savings, and the period for which such proportion shall be effective.CommentsClose CommentsPermalink
‘(C) REVISION- The Governor of any State may, after consultation with the relevant State regulatory authority and other retail electricity ratemaking authorities within the State, submit a written request for revocation or revision of a previous request submitted under this paragraph. The Commission shall grant such request, provided that--CommentsClose CommentsPermalink
‘(i) any revocation or revision shall not apply to the combined annual target for any year that is any earlier than 2 calendar years after the calendar year in which such request is submitted, so as to provide retail electric suppliers with adequate notice of such change; andCommentsClose CommentsPermalink
‘(ii) any revision shall meet the requirements of subparagraph (A).CommentsClose CommentsPermalink
‘(c) Establishment of Program- Not later than 1 year after the date of enactment of this section, the Commission shall promulgate regulations to implement and enforce the requirements of this section. In promulgating such regulations, the Commission shall, to the extent practicable--CommentsClose CommentsPermalink
‘(1) preserve the integrity, and incorporate best practices, of existing State and tribal renewable electricity and energy efficiency programs;CommentsClose CommentsPermalink
‘(2) rely upon existing and emerging State, tribal, or regional tracking systems that issue and track non-Federal renewable electricity credits; andCommentsClose CommentsPermalink
‘(3) cooperate with the States and Indian tribes to facilitate coordination between State, tribal, and Federal renewable electricity and energy efficiency programs and to minimize administrative burdens and costs to retail electric suppliers.CommentsClose CommentsPermalink
‘(d) Annual Compliance Requirement-CommentsClose CommentsPermalink
‘(1) ANNUAL COMBINED TARGETS- For each of calendar years 2012 through 2039, a retail electric supplier’s annual combined target shall be the product of--CommentsClose CommentsPermalink
‘(A) the required annual percentage for such year, as set forth in paragraph (2); andCommentsClose CommentsPermalink
‘(B) the retail electric supplier’s base amount for such year.CommentsClose CommentsPermalink
‘(2) REQUIRED ANNUAL PERCENTAGE- For each of calendar years 2012 through 2039, the required annual percentage shall be as follows:CommentsClose CommentsPermalink
-----------------------CommentsClose CommentsPermalink
-----------------------CommentsClose CommentsPermalink
2012 6.0 CommentsClose CommentsPermalink
2013 6.0 CommentsClose CommentsPermalink
2014 9.5 CommentsClose CommentsPermalink
2015 9.5 CommentsClose CommentsPermalink
2016 13.0 CommentsClose CommentsPermalink
2017 13.0 CommentsClose CommentsPermalink
2018 16.5 CommentsClose CommentsPermalink
2019 16.5 CommentsClose CommentsPermalink
2020 20.0 CommentsClose CommentsPermalink
2021 through 2039 20.0 CommentsClose CommentsPermalink
-----------------------CommentsClose CommentsPermalink
‘(e) Federal Renewable Electricity Credits-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The regulations promulgated under this section shall include provisions governing the issuance, tracking, and verification of Federal renewable electricity credits. Except as provided in paragraphs (2), (3), and (4) of this subsection, the Commission shall issue to each generator of renewable electricity, 1 Federal renewable electricity credit for each megawatt hour of renewable electricity generated by such generator after December 31, 2011. The Commission shall assign a unique serial number to each Federal renewable electricity credit.CommentsClose CommentsPermalink
‘(2) GENERATION FROM CERTAIN STATE RENEWABLE ELECTRICITY PROGRAMS- (A) Except as provided in subparagraph (B), where renewable electricity is generated with the support of payments from a retail electric supplier pursuant to a State renewable electricity program (whether through State alternative compliance payments or through payments to a State renewable electricity procurement fund or entity), the Commission shall issue Federal renewable electricity credits to such retail electric supplier for the proportion of the relevant renewable electricity generation that is attributable to the retail electric supplier’s payments, as determined pursuant to regulations issued by the Commission. For any remaining portion of the relevant renewable electricity generation, the Commission shall issue Federal renewable electricity credits to the generator, as provided in paragraph (1), except that in no event shall more than 1 Federal renewable electricity credit be issued for the same megawatt hour of electricity. In determining how Federal renewable electricity credits will be apportioned among retail electric suppliers and generators in such circumstances, the Commission shall consider information and guidance furnished by the relevant State or States.CommentsClose CommentsPermalink
‘(B) In the case of a central procurement State that pursuant to subsection (g) has assumed responsibility for compliance with the requirements of subsection (b), the Commission shall issue directly to the State Federal renewable electricity credits for any renewable electricity for which the State, pursuant to a mandate described in subsection (a)(7), has centrally procured credits or certificates issued based on generation of such renewable electricity.CommentsClose CommentsPermalink
‘(3) CERTAIN POWER SALES CONTRACTS- Except as otherwise provided in paragraph (2), when a generator has sold renewable electricity to a retail electric supplier under a contract for power from a facility placed in service before the date of enactment of this section, and the contract does not provide for the determination of ownership of the Federal renewable electricity credits associated with such generation, the Commission shall issue such Federal renewable electricity credits to the retail electric supplier for the duration of the contract.CommentsClose CommentsPermalink