II 

109TH CONGRESS 

1ST SESSION S. 326 

To reauthorize and revise the Renewable Energy Production Incentive 

program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 9, 2005 

Mr. SMITH (for himself, Ms. CANTWELL, Mrs. FEINSTEIN, and Mrs. MURRAY) 

introduced the following bill; which was read twice and referred to the 

Committee on Energy and Natural Resources 

A BILL 

To reauthorize and revise the Renewable Energy Production 

Incentive program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Renewable Energy 

5 Production Incentive Reform Act’’. 

6 SEC. 2. AMENDMENTS. 

7 (a) INCENTIVE PAYMENTS.—Section 1212(a) of the 

8 Energy Policy Act of 1992 (42 U.S.C. 13317(a)) is 

9 amended by striking ‘‘and which satisfies’’ and all that 

10 follows through ‘‘Secretary shall establish.’’ and inserting 
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1 ‘‘. If there are insufficient appropriations to make full pay2 ments for electric production from all qualified renewable 

3 energy facilities in any given year, the Secretary shall as4 sign 60 percent of appropriated funds for that year to fa5 cilities that use solar, wind, geothermal, or closed-loop 

6 (dedicated energy crops) biomass technologies to generate 

7 electricity, and assign the remaining 40 percent to other 

8 projects. The Secretary may, after transmitting to the 

9 Congress an explanation of the reasons therefor, alter the 

10 percentage requirements of the preceding sentence.’’. 

11 (b) QUALIFIED RENEWABLE ENERGY FACILITY.— 

12 Section 1212(b) of the Energy Policy Act of 1992 (42 

13 U.S.C. 13317(b)) is amended— 

14 (1) by striking ‘‘a State or any political’’ and 

15 all that follows through ‘‘nonprofit electrical cooper16 ative’’ and inserting ‘‘a not-for-profit electric cooper17 ative, a public utility described in section 115 of the 

18 Internal Revenue Code of 1986, a State, Common19 wealth, territory, or possession of the United States 

20 or the District of Columbia, or a political subdivision 

21 thereof, or an Indian tribal government of subdivi22 sion thereof,’’; and 

23 (2) by inserting ‘‘landfill gas,’’ after ‘‘wind, bio24 mass,’’. 
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1 (c) ELIGIBILITY WINDOW.—Section 1212(c) of the 

2 Energy Policy Act of 1992 (42 U.S.C. 13317(c)) is 

3 amended by striking ‘‘during the 10-fiscal year period be4 ginning with the first full fiscal year occurring after the 

5 enactment of this section’’ and inserting ‘‘after October 

6 1, 2005, and before October 1, 2015’’. 

7 (d) AMOUNT OF PAYMENT.—Section 1212(e)(1) of 

8 the Energy Policy Act of 1992 (42 U.S.C. 13317(e)(1)) 

9 is amended by inserting ‘‘landfill gas,’’ after ‘‘wind, bio10 mass,’’. 

11 (e) SUNSET.—Section 1212(f) of the Energy Policy 

12 Act of 1992 (42 U.S.C. 13317(f)) is amended by striking 

13 ‘‘the expiration of’’ and all that follows through ‘‘of this 

14 section’’ and inserting ‘‘September 30, 2025’’. 

15 (f) AUTHORIZATION OF APPROPRIATIONS.—Section 

16 1212(g) of the Energy Policy Act of 1992 (42 U.S.C. 

17 13317(g)) is amended to read as follows: 

18 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 

19 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

20 there are authorized to be appropriated such sums 

21 as may be necessary to carry out this section for fis22 cal years 2005 through 2025. 
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1 ‘‘(2) AVAILABILITY OF FUNDS.—Funds made 

2 available under paragraph (1) shall remain available 

3 until expended.’’. 

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