II

107TH CONGRESS

1ST SESSION S. 1333

To enhance the benefits of the national electric system by encouraging and

supporting State programs for renewable energy sources, universal electric service, affordable electric service, and energy conservation and efficiency, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 2, 2001

Mr. JEFFORDS (for himself, Mr. LIEBERMAN, Ms. SNOWE, Mr. SCHUMER, and

Mr. KERRY) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To enhance the benefits of the national electric system by

encouraging and supporting State programs for renewable energy sources, universal electric service, affordable

electric service, and energy conservation and efficiency,

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 and

5 Energy Efficiency Investment Act of 2001’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—
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1 (1) the generation of electricity is unique in its

2 combined influence on the security, environmental

3 quality, and economic efficiency of the United

4 States;

5 (2) the generation and sale of electricity has a

6 direct and profound impact on interstate commerce;

7 (3) the Federal Government and the States

8 have a joint responsibility for the maintenance of

9 public purpose programs affected by the national

10 electric system;

11 (4) notwithstanding the public’s interest in and

12 enthusiasm for programs that enhance the environ13 ment, encourage the efficient use of resources, and

14 provide for affordable and universal service, the in15 vestments in those public purposes by existing

16 means continues to decline;

17 (5) the dependence of the United States on for18 eign sources of fossil fuels is contrary to our na19 tional security;

20 (6) alternative, sustainable energy sources must

21 be pursued;

22 (7) consumers have a right to certain informa23 tion in order to make objective choices on their elec24 tric service providers; and
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1 (8) net metering of small systems for self-gen2 eration of electricity is in the public interest in order

3 to encourage private investment in renewable energy

4 resources, stimulate economic growth, and enhance

5 the continued diversification of the energy resources

6 used in the United States.

7 SEC. 3. DEFINITIONS.

8 In this Act:

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the Environ11 mental Protection Agency.

12 (2) BIOMASS.—The term ‘‘biomass’’ means—

13 (A) organic material from a plant that is

14 planted exclusively for the purpose of being

15 used to produce electricity; and

16 (B) nonhazardous, cellulosic or agricultural

17 animal waste material that is segregated from

18 other waste materials and is derived from—

19 (i) a forest-related resource,

20 including—

21 (I) mill and harvesting residue;

22 (II) precommercial thinnings;

23 (III) slash; and

24 (IV) brush;
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1 (ii) an agricultural resource,

2 including—

3 (I) orchard tree crops;

4 (II) vineyards;

5 (III) grain;

6 (IV) legumes;

7 (V) sugar; and

8 (VI) other crop by-products or

9 residues;

10 (iii) miscellaneous waste such as—

11 (I) waste pallet;

12 (II) crate;

13 (III) dunnage; and

14 (IV) landscape or right-of-way

15 tree trimmings, but not including—

16 (aa) municipal solid waste;

17 (bb) recyclable postconsumer

18 wastepaper;

19 (cc) painted, treated, or

20 pressurized wood;

21 (dd) wood contaminated

22 with plastic or metals; or

23 (ee) tires; and

24 (iv) animal waste that is converted to

25 a fuel rather than directly combusted, the
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1 residue of which is converted to biological

2 fertilizer, oil, or activated carbon.

3 (3) BOARD.—The term ‘‘Board’’ means the Na4 tional Electric System Benefits Board established

5 under section 4.

6 (4) COMMISSION.—The term ‘‘Commission’’

7 means the Federal Energy Regulatory Commission.

8 (5) FUND.—The term ‘‘Fund’’ means the Na9 tional Electric System Benefits Fund established by

10 section 5.

11 (6) LANDFILL GAS.—The term ‘‘landfill gas’’

12 means gas generated from the decomposition of

13 household solid waste, commercial solid waste, and

14 industrial solid waste disposed of in a municipal

15 solid waste landfill unit (as those terms are defined

16 in regulations promulgated under subtitle D of the

17 Solid Waste Disposal Act (42 U.S.C. 6941 et seq.)).

18 (7) POLLUTANT.—The term ‘‘pollutant’’

19 means—

20 (A) carbon dioxide, mercury nitrous oxide,

21 sulfur dioxide, or any other substance that the

22 Administrator identifies by regulation as a sub23 stance that, when emitted into the air from a

24 combustion device used in the generation of

25 electricity, endangers public health or welfare
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1 (within the meaning of section 302(h) of the

2 Clean Air Act (42 U.S.C. 7602(h));

3 (B) any substance discharged into water

4 that is regulated under a National Pollutant

5 Discharge Elimination System permit issued

6 under section 402 of the Federal Water Pollu7 tion Control Act (33 U.S.C. 1342); and

8 (C) any substance disposed of in a solid or

9 hazardous waste facility that is regulated under

10 the Solid Waste Disposal Act (42 U.S.C. 6901

11 et seq.).

12 (8) RENEWABLE ENERGY.—The term ‘‘renew13 able energy’’ means electricity generated from—

14 (A) a renewable energy source; or

15 (B) hydrogen that is produced from a re16 newable energy source.

17 (9) RENEWABLE ENERGY SOURCE.—The term

18 ‘‘renewable energy source’’ means—

19 (A) wind;

20 (B) biomass;

21 (C) landfill gas; or

22 (D) a geothermal, solar thermal, or photo23 voltaic source.

24 (10) RETAIL ELECTRIC SUPPLIER.—
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1 (A) IN GENERAL.—The term ‘‘retail elec2 tric supplier’’ means a person or entity that

3 sells retail electricity to consumers.

4 (B) INCLUSIONS.—The term ‘‘retail elec5 tric supplier’’ includes—

6 (i) a regulated utility company (in7 cluding affiliates or associates of such a

8 company);

9 (ii) a company that is not affiliated or

10 associated with a regulated utility com11 pany;

12 (iii) a municipal utility;

13 (iv) a cooperative utility;

14 (v) a local government; and

15 (vi) a special district.

16 (11) SECRETARY.—The term ‘‘Secretary’’

17 means the Secretary of Energy.

18 SEC. 4. NATIONAL ELECTRIC SYSTEM BENEFITS BOARD.

19 (a) ESTABLISHMENT.—The Secretary shall establish

20 a National Electric System Benefits Board to carry out

21 the functions and responsibilities described in this section.

22 (b) MEMBERSHIP.—The Board shall be composed

23 of—

24 (1) 1 representative of the Commission ap25 pointed by the Commission;
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1 (2) 2 representatives of the Secretary appointed

2 by the Secretary;

3 (3) 2 persons nominated by the national organi4 zation representing State regulatory commissioners

5 and appointed by the Secretary;

6 (4) 1 person nominated by the national organi7 zation representing State utility consumer advocates

8 and appointed by the Secretary;

9 (5) 1 person nominated by the national organi10 zation representing State energy offices and ap11 pointed by the Secretary;

12 (6) 1 person nominated by the national organi13 zation representing energy assistance directors and

14 appointed by the Secretary; and

15 (7) 1 representative of the Environmental Pro16 tection Agency appointed by the Administrator.

17 (c) CHAIRPERSON.—The Secretary shall select a

18 member of the Board to serve as Chairperson of the

19 Board.

20 (d) MANAGER.—

21 (1) APPOINTMENT.—The Board shall by con22 tract appoint an electric systems benefits manager

23 for a term of not more than 3 years, which term

24 may be renewed by the Board.
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1 (2) COMPENSATION.—The compensation and

2 other terms and conditions of employment of the

3 manager shall be determined by a contract between

4 the Board and the individual or the other entity ap5 pointed as manager.

6 (3) FUNCTIONS.—The manager shall—

7 (A) monitor the amounts in the Fund;

8 (B) receive, review, and make rec9 ommendations to the Board regarding applica10 tions from States under section 6(b); and

11 (C) perform such other functions as the

12 Board may require to assist the Board in car13 rying out its duties under this Act.

14 SEC. 5. NATIONAL ELECTRIC SYSTEM BENEFITS FUND.

15 (a) ESTABLISHMENT.—

16 (1) IN GENERAL.—The Board shall establish an

17 account or accounts at 1 or more financial institu18 tions, which account or accounts shall be known as

19 the ‘‘National Electric System Benefits Fund’’, con20 sisting of amounts deposited in the fund under sub21 section (c).

22 (2) STATUS OF FUND.—The wires charges col23 lected under subsection (c) and deposited in the

24 Fund—
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1 (A) shall constitute electric system reve2 nues and shall not constitute funds of the

3 United States;

4 (B) shall be held in trust by the manager

5 of the Fund solely for the purposes stated in

6 subsection (b); and

7 (C) shall not be available to meet any obli8 gations of the United States.

9 (b) USE OF FUND.—

10 (1) FUNDING OF SYSTEM BENEFIT PRO11 GRAMS.—Amounts in the Fund shall be used by the

12 Board to provide matching funds to States for the

13 support of State system benefit programs relating

14 to—

15 (A) renewable energy sources;

16 (B) assisting low-income households in

17 meeting home energy needs;

18 (C) energy conservation and efficiency; or

19 (D) research and development in areas de20 scribed in subparagraphs (A) through (C).

21 (2) DISTRIBUTION.—

22 (A) IN GENERAL.—Except for amounts

23 needed to pay costs of the Board in carrying

24 out its duties under this section, the Board

25 shall instruct the manager of the Fund to dis-
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1 tribute all amounts in the Fund to States to

2 fund system benefit programs under paragraph

3 (1).

4 (B) FUND SHARE.—

5 (i) IN GENERAL.—Subject to clause

6 (iii), the Fund share of a system benefit

7 program funded under paragraph (1) shall

8 be 50 percent.

9 (ii) PROPORTIONATE REDUCTION.—

10 To the extent that the amount of matching

11 funds requested by States exceeds the

12 maximum projected revenues of the Fund,

13 the matching funds distributed to the

14 States shall be reduced by an amount that

15 is proportionate to each State’s annual

16 consumption of electricity compared to the

17 aggregate annual consumption of elec18 tricity in the United States.

19 (iii) ADDITIONAL STATE FUNDING.—

20 A State may apply funds to system benefit

21 programs in addition to the amount of

22 funds applied for the purpose of matching

23 the Fund share.

24 (3) PROGRAM CRITERIA.—The Board shall rec25 ommend eligibility criteria for system benefits pro-
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1 grams funded under this section for approval by the

2 Secretary.

3 (4) APPLICATION.—Not later than August 1 of

4 each year, a State seeking matching funds for the

5 following year shall file with the Board, in such form

6 as the Board may require, an application—

7 (A) certifying that the funds will be used

8 for an eligible system benefit program;

9 (B) stating the amount of State funds ear10 marked for the program; and

11 (C) summarizing the manner in which

12 amounts from the Fund were used in the State

13 during the previous calendar year.

14 (c) WIRES CHARGE.—

15 (1) DETERMINATION OF NEEDED FUNDING.—

16 Not later than September 1 of each year, the Board

17 shall determine and inform the Commission of the

18 aggregate amount of wires charges that it will be re19 quired to be paid into the Fund to pay matching

20 funds to States and the operating costs of the Board

21 in the following year.

22 (2) IMPOSITION OF WIRES CHARGE.—

23 (A) IN GENERAL.—Not later than Decem24 ber 15 of each year, the Commission shall im25 pose a nonbypassable, competitively neutral
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1 wires charge to be paid directly into the Fund

2 by the operator of the wire on the amount of

3 electricity carried through the wire in interstate

4 commerce.

5 (B) MEASUREMENT.—For the purposes of

6 subparagraph (A)—

7 (i) electricity generated in the United

8 States shall be measured as the electricity

9 exits the busbar at a generation facility;

10 and

11 (ii) electricity generated outside the

12 United States shall be measured at the

13 point of delivery to the system of the wire

14 operator.

15 (C) AMOUNT OF WIRES CHARGE.—The

16 wires charge shall be set at a rate equal to the

17 lesser of—

18 (i) 2 mills per kilowatt-hour; or

19 (ii) a rate that is estimated to result

20 in the collection of an amount of wires

21 charges that is as nearly as possible equal

22 to the amount of needed funding deter23 mined under paragraph (1).

24 (3) DEPOSIT IN THE FUND.—The wires charge

25 shall be paid by the operator of the wire directly into
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1 the Fund at the end of each month during the cal2 endar year for distribution by the electric systems

3 benefits manager under section 5.

4 (4) STATE WIRES CHARGE.—

5 (A) IN GENERAL.—A State that imposes a

6 wires charge may pay into the Fund some or all

7 of the wires charge imposed under this sub8 section on behalf of wire operators serving that

9 State.

10 (B) PAYMENT.—Payments by the State

11 into the Fund under subparagraph (A) shall be

12 applied towards the wires charge imposed under

13 this subsection.

14 (5) PENALTIES.—The Commission may assess

15 against a wire operator that fails to pay a wires

16 charge as required by this subsection a civil penalty

17 in an amount equal to not more than the amount of

18 the unpaid wires charge.

19 (d) AUDITING.—

20 (1) IN GENERAL.—The Fund shall be audited

21 annually by a firm of independent certified public

22 accountants in accordance with generally accepted

23 auditing standards.

24 (2) ACCESS TO RECORDS.—Representatives of

25 the Secretary and the Commission shall have access
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1 to all books, accounts, reports, files, and other

2 records pertaining to the Fund as necessary to fa3 cilitate and verify the audit.

4 (3) REPORTS.—

5 (A) IN GENERAL.—A report on each audit

6 shall be submitted to the Secretary, the Com7 mission, and the Secretary of the Treasury, who

8 shall submit the report to the President and

9 Congress not later than 180 days after the

10 close of the fiscal year.

11 (B) REQUIREMENTS.—An audit report

12 shall—

13 (i) set forth the scope of the audit;

14 and

15 (ii) include—

16 (I) a statement of assets and li17 abilities, capital, and surplus or def18 icit;

19 (II) a statement of surplus or

20 deficit analysis;

21 (III) a statement of income and

22 expenses;

23 (IV) any other information that

24 may be considered necessary to keep

25 the President and Congress informed
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1 of the operations and financial condi2 tion of the Fund; and

3 (V) any recommendations with

4 respect to the Fund that the Sec5 retary or the Commission may have.

6 SEC. 6. RENEWABLE ENERGY GENERATION STANDARDS.

7 (a) RENEWABLE ENERGY CREDITS.—

8 (1) IN GENERAL.—Not later than April 1 of

9 each year, each retail electric supplier shall submit

10 to the Secretary renewable energy credits in an

11 amount equal to the required annual percentage of

12 the retail electric supplier’s total amount of kilowatt13 hours of electricity sold to consumers during the pre14 vious calendar year.

15 (2) RATE.—The rates charged to each class of

16 consumers by a retail electric supplier shall reflect

17 an equal percentage of the cost of generating or ac18 quiring the required annual percentage of renewable

19 energy under subsection (b).

20 (3) ELIGIBLE RESOURCES.—A retail electric

21 supplier shall not represent to any customer or pro22 spective customer that any product contains more

23 than the percentage of eligible resources if the addi24 tional amount of eligible resources is being used to
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1 satisfy the renewable generation requirement under

2 subsection (b).

3 (4) STATE RENEWABLE ENERGY PROGRAM.—

4 (A) IN GENERAL.—Nothing in this section

5 precludes any State from requiring additional

6 renewable energy generation in the State under

7 any renewable energy program conducted by the

8 State.

9 (B) LIMITATION.—A State may limit the

10 benefits of any State renewable energy program

11 to renewable energy generators located within

12 the boundaries of the State or other boundaries

13 (as determined by the State).

14 (b) REQUIRED RENEWABLE ENERGY.—Of the total

15 amount of electricity sold by each retail electric supplier

16 during a calendar year, the amount generated by renew17 able energy sources shall be not less than the percentage

18 specified in the following table:

Calendar year: Percentage reduction:

2002 ......................................................................................... 2.5

2003 ......................................................................................... 3

2004 ......................................................................................... 4

2005 ......................................................................................... 5

2006 ......................................................................................... 6

2007 ......................................................................................... 7

2008 ......................................................................................... 8

2009 ......................................................................................... 9

2010 ......................................................................................... 10

2011 ......................................................................................... 11

2012 ......................................................................................... 12

2013 ......................................................................................... 13

2014 ......................................................................................... 14

2015 ......................................................................................... 15

2016 ......................................................................................... 16
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Calendar year: Percentage reduction:

2017 ......................................................................................... 17

2018 ......................................................................................... 18

2019 ......................................................................................... 19

2020 and thereafter ................................................................. 20.

1 (c) SUBMISSION OF RENEWABLE ENERGY CRED2 ITS.—To meet the requirements under subsection (a)(1),

3 a retail electric supplier may submit to the Secretary—

4 (1) renewable energy credits issued under sub5 section (d) for renewable energy generated by the re6 tail electric supplier during the calendar year for

7 which renewable energy credits are being submitted

8 or any previous calendar year; or

9 (2) renewable energy credits—

10 (A) issued under subsection (d) to any re11 newable energy generator for renewable energy

12 generated during the calendar year for which

13 renewable energy credits are being submitted or

14 a previous calendar year; and

15 (B) acquired by the retail electric supplier

16 under subsection (e).

17 (d) ISSUANCE OF RENEWABLE ENERGY CREDITS.—

18 (1) IN GENERAL.—Not later than 1 year after

19 the date of enactment of this Act, the Secretary

20 shall establish a program to issue, monitor the sale

21 or exchange of, and track renewable energy credits.

22 (2) APPLICATION.—
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1 (A) IN GENERAL.—Under the program es2 tablished under paragraph (1), an entity that

3 generates electric energy through the use of a

4 renewable energy resource may apply to the

5 Secretary for the issuance of renewable energy

6 credits.

7 (B) REQUIREMENTS.—An application

8 under subparagraph (A) shall identify—

9 (i) the type of renewable energy re10 source used to produce the electric energy;

11 (ii) the State in which the electric en12 ergy was produced; and

13 (iii) any other information that the

14 Secretary determines appropriate.

15 (3) NUMBER OF RENEWABLE ENERGY RE16 SOURCE CREDITS.—

17 (A) IN GENERAL.—The Secretary shall

18 issue to an entity 1 renewable energy credit for

19 each kilowatt-hour of electric energy that the

20 entity generates through the use of a renewable

21 energy resource in any State in calendar year

22 2001 and each year thereafter.

23 (B) PARTIAL CREDIT.—If both a renew24 able energy resource and a nonrenewable energy

25 resource are used to generate the electric en-
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1 ergy, the Secretary shall issue renewable energy

2 credits based on the proportion of the renewable

3 energy resource used.

4 (4) ELIGIBILITY.—To be eligible for a renew5 able energy credit under this subsection, the unit of

6 electricity generated through the use of a renewable

7 energy resource shall be sold or used by the gener8 ator.

9 (5) IDENTIFICATION OF RENEWABLE ENERGY

10 CREDITS.—The Secretary shall identify renewable

11 energy credits by—

12 (A) the type of generation; and

13 (B) the State in which the generating facil14 ity is located.

15 (6) FEE.—

16 (A) IN GENERAL.—To receive a renewable

17 energy credit, the entity shall pay a fee, cal18 culated by the Secretary, in an amount that is

19 equal to the lesser of—

20 (i) the administrative costs of issuing,

21 recording, monitoring the sale of exchange

22 of, and tracking the renewable energy cred23 it; or

24 (ii) 5 percent of the national average

25 market value (as determined by the Sec-
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1 retary) of that quantity of renewable en2 ergy credits.

3 (B) USE.—The Secretary shall use the fee

4 to pay the administrative costs described in

5 subparagraph (A)(i).

6 (e) SALE OR EXCHANGE.—A renewable energy credit

7 may be sold or exchanged by the entity issued the renew8 able energy credit or by any other entity that acquires the

9 renewable energy credit.

10 (f) VERIFICATION.—The Secretary may collect the

11 information necessary to verify and audit—

12 (1) the annual electric energy generation and

13 renewable energy generation of any entity applying

14 for renewable energy credits under this section;

15 (2) the validity of renewable energy credits sub16 mitted by a retail electric supplier to the Secretary;

17 and

18 (3) the amount of electricity sales of all retail

19 electric suppliers.

20 (g) ENFORCEMENT.—

21 (1) IN GENERAL.—The Secretary may bring an

22 action in United States district court to impose a

23 civil penalty on a retail electric supplier that fails to

24 comply with subsection (a).
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1 (2) AMOUNT OF PENALTY.—A retail electric

2 supplier that fails to submit the required number of

3 renewable energy credits under subsection (a) shall

4 be subject to a civil penalty of not more than 3

5 times the estimated national average market value

6 (as determined by the Secretary) of that quantity of

7 renewable energy credits for the calendar year con8 cerned.

9 SEC. 7. NET METERING.

10 (a) DEFINITIONS.—In this section:

11 (1) CUSTOMER-GENERATOR.—The term ‘‘cus12 tomer-generator’’ means a retail electric customer

13 that generates electricity measured by a net meter14 ing system.

15 (2) ELECTRIC COMPANY.—

16 (A) IN GENERAL.—The term ‘‘electric

17 company’’ means a company that is engaged in

18 the business of distributing electricity to retail

19 electric customers.

20 (B) INCLUSIONS.—The term ‘‘electric com21 pany’’ includes an investor-owned utility, public

22 utility district, irrigation district, port district,

23 electric cooperative, or municipal electric utility.

24 (3) NET METERING.—The term ‘‘net metering’’

25 means the measuring of the difference between—
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1 (A) the quantity of electricity supplied by

2 an electric company to a customer-generator

3 during a billing period; and

4 (B) the quantity of electricity generated by

5 a customer-generator and fed back to the elec6 tric company by a net metering system during

7 the billing period.

8 (4) NET METERING SYSTEM.—The term ‘‘net

9 metering system’’ means a facility for generation of

10 electricity that—

11 (A) is of not more than 100 kilowatts ca12 pacity;

13 (B) is interconnected and operates in par14 allel with the transmission and distribution sys15 tem of an electric company;

16 (C) is intended primarily to offset some or

17 all of the electricity requirements of a customer18 generator;

19 (D) is located on the premises of a cus20 tomer-generator; and

21 (E) employs a renewable energy source.

22 (b) REQUIREMENT TO ALLOW NET METERING.—An

23 electric company shall allow a retail electric customer to

24 interconnect and employ a net metering system using—
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1 (1) a kilowatt-hour meter capable of registering

2 the flow of electricity in 2 directions; or

3 (2) another type of comparably equipped meter

4 that would otherwise be applicable to the customer’s

5 usage but for the use of net metering.

6 (c) NET METERING ACCOUNTING.—

7 (1) IN GENERAL.—Electric energy measure8 ments for a net metering system shall be calculated

9 in accordance with this subsection.

10 (2) RATES AND CHARGES.—An electric

11 company—

12 (A) shall charge a customer-generator

13 rates and charges that are identical to those

14 that would be charged other retail electric cus15 tomers of the electric company in the same rate

16 class; and

17 (B) shall not charge a customer-generator

18 any additional standby, capacity, interconnec19 tion, or other rate or charge.

20 (3) MEASUREMENT.—An electric company that

21 supplies electricity to a customer-generator shall

22 measure the quantity of electricity produced by the

23 customer-generator and the quantity of electricity

24 consumed by the customer-generator during a billing

25 period in accordance with normal metering practices.
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1 (4) ELECTRICITY SUPPLIED EXCEEDING ELEC2 TRICITY GENERATED.—If the quantity of electricity

3 supplied by an electric company during a billing pe4 riod exceeds the quantity of electricity generated by

5 the customer-generator and fed back to the electric

6 distribution system during the billing period, the

7 electric company may bill the customer-generator for

8 the net quantity of electricity supplied by the electric

9 company, in accordance with normal metering prac10 tices.

11 (5) ELECTRICITY GENERATED EXCEEDING

12 ELECTRICITY SUPPLIED.—If the quantity of elec13 tricity generated by a customer-generator during a

14 billing period exceeds the quantity of electricity sup15 plied by the electric company during the billing

16 period—

17 (A) the electric company may bill the cus18 tomer-generator for the appropriate charges for

19 the billing period in accordance with paragraph

20 (1); and

21 (B) the customer-generator shall be cred22 ited for the excess kilowatt-hours generated

23 during the billing period, with the kilowatt-hour

24 credit appearing on the bill for the following

25 billing period.
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1 (6) UNUSED CREDITS.—At the beginning of

2 each calendar year, any unused kilowatt-hour credits

3 accumulated by a customer-generator during the

4 previous calendar year shall expire without com5 pensation to the customer-generator.

6 (d) SAFETY.—

7 (1) REQUIREMENTS.—

8 (A) INTERIM PROVISION.—A net metering

9 system using photovoltaic generation shall con10 form to applicable electrical safety, power qual11 ity, and interconnection requirements estab12 lished by the National Electrical Code, the In13 stitute of Electrical and Electronic Engineers,

14 and Underwriters Laboratories.

15 (B) REGULATION.—Not later than 180

16 days after the date of enactment of this Act,

17 the Commission shall adopt electrical safety,

18 power quality, and interconnection requirements

19 for net metering systems that use generation

20 technology other than photovoltaic technology.

21 (2) TESTING AND INSPECTION.—An electric

22 company may, at its own expense, and upon reason23 able written notice to a customer-generator, perform

24 such testing and inspection of a net metering system

25 as is necessary to demonstrate to the satisfaction of
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1 the electric company that the system conforms to

2 applicable electric safety, power quality, and inter3 connection requirements.

4 (3) ADDITIONAL METERS.—An electric com5 pany may, at its own expense and with the written

6 consent of a customer-generator, install 1 or more

7 additional meters to monitor the flow of electricity in

8 each direction.

9 SEC. 9. DISCLOSURE REQUIREMENTS.

10 (a) DEFINITIONS.—In this section:

11 (1) EMISSIONS DATA.—The term ‘‘emissions

12 data’’ means the type and amount of each pollutant

13 emitted or released by a generation facility in gener14 ating electricity.

15 (2) GENERATION DATA.—The term ‘‘generation

16 data’’ means the type of fuel (such as coal, oil, nu17 clear energy, or solar power) used by a generation

18 facility to generate electricity.

19 (b) DISCLOSURE SYSTEM.—The Secretary shall es20 tablish a system of disclosure that—

21 (1) enables retail consumers to knowledgeably

22 compare retail electric service offerings, including

23 comparisons based on generation source portfolios,

24 emissions data, and price terms; and

25 (2) considers such factors as—
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1 (A) cost of implementation;

2 (B) confidentiality of information; and

3 (C) flexibility.

4 (c) REGULATION.—Not later than March 1, 2002,

5 the Secretary, in consultation with the Board, and with

6 the assistance of a Federal interagency task force that in7 cludes representatives of the Commission, the Federal

8 Trade Commission, the Food and Drug Administration,

9 and the Environmental Protection Agency, shall promul10 gate a regulation prescribing—

11 (1) the form, content, and frequency of disclo12 sure of emissions data and generation data of elec13 tricity by generation facilities to electricity whole14 salers or retail companies and by wholesalers to re15 tail companies;

16 (2) the form, content, and frequency of disclo17 sure of emissions data, generation data, and the

18 price of electricity by retail companies to ultimate

19 consumers; and

20 (3) the form, content, and frequency of disclo21 sure of emissions data, generation data, and the

22 price of electricity by generation facilities selling di23 rectly to ultimate consumers.

24 (d) ACCESS TO RECORDS.—The Secretary shall have

25 full access to the records of all generation facilities, elec-
29

•S 1333 IS

1 tricity wholesalers, and retail companies to obtain any in2 formation necessary to administer and enforce this sec3 tion.

4 (e) FAILURE TO DISCLOSE.—The failure of a retail

5 company to accurately disclose information as required by

6 this section shall be treated as a deceptive act in commerce

7 under section 5 of the Federal Trade Commission Act (15

8 U.S.C. 45).

9 (f) REGULATIONS.—The Secretary may promulgate

10 such regulations, conduct such investigations, and take

11 such other actions as are necessary or appropriate to im12 plement and obtain compliance with this section and regu13 lations promulgated under this section.

Æ