II

107TH CONGRESS

1ST SESSION S. 1211

To reauthorize and revise the Renewable Energy Production Incentive

program, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 20, 2001

Ms. CANTWELL (for herself and Mr. SMITH of Oregon) 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. REAUTHORIZATION AND REVISION.

7 Section 1212 of the Energy Policy Act of 1992 (42

8 U.S.C. 13317) is amended—

9 (1) in subsection (a)—
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1 (A) in the first sentence, by striking ‘‘A

2 qualified’’ and inserting the following:

3 ‘‘(1) IN GENERAL.—A qualified’’; and

4 (B) in the third sentence, by striking ‘‘and

5 which satisfies’’ and all that follows and insert6 ing a period; and

7 (C) by striking the fourth sentence and in8 serting the following:

9 ‘‘(3) CRITERIA AND PROCEDURE.—

10 ‘‘(A) IN GENERAL.—The Secretary shall

11 establish criteria and procedures necessary for

12 efficient administration of the program.

13 ‘‘(B) LIMITATION.—The Secretary shall

14 not establish any criterion or procedure that

15 has the effect of assigning to a proposal a high16 er or lower priority for eligibility or allocation

17 of appropriated funds on the basis of the energy

18 source proposed.’’;

19 (2) in subsection (b)—

20 (A) by striking ‘‘which is owned’’ and all

21 that follows through ‘‘a nonprofit electrical co22 operative’’ and inserting ‘‘that is owned by an

23 electricity-generating cooperative exempt from

24 taxation under section 501(c)(12) or section

25 1381(a)(2)(C) of the Internal Revenue Code of
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1 1986, a public utility described in section 115

2 of that Code, a State, Commonwealth, territory,

3 or possession of the United States or the Dis4 trict of Columbia (including a political subdivi5 sion of a State, Commonwealth, territory, or

6 possession of the United States or the District

7 of Columbia), or a tribal government (including

8 a subdivision of a tribal government),’’; and

9 (B) by inserting ‘‘landfill gas, incremental

10 hydropower,’’ after ‘‘wind, biomass,’’;

11 (3) in subsection (c), by striking ‘‘during the

12 10-fiscal year period beginning with the first full fis13 cal year occurring after the enactment of this sec14 tion’’ and inserting ‘‘before October 1, 2013’’;

15 (4) in subsection (d)—

16 (A) by striking ‘‘A qualified’’ and inserting

17 the following:

18 ‘‘(1) IN GENERAL.—A qualified’’; and

19 (B) by striking the second sentence and in20 serting the following:

21 ‘‘(2) BEGINNING OF PAYMENT PERIOD.—The

22 payment period shall begin with the fiscal year in

23 which—

24 ‘‘(A) electricity generated from the facility

25 is first eligible for payments; or
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1 ‘‘(B) the Secretary determines that all nec2 essary Federal and State authorizations have

3 been obtained to begin construction of the facil4 ity.’’;

5 (5) in subsection (e)(1), by inserting ‘‘landfill

6 gas, incremental hydropower,’’ after ‘‘wind, bio7 mass,’’; and

8 (6) by striking subsection (g) and inserting the

9 following:

10 ‘‘(g) INCREMENTAL HYDROPOWER.—

11 ‘‘(1) DEFINITION OF INCREMENTAL HYDRO12 POWER.—In this subsection, the term ‘incremental

13 hydropower’ means additional generating capacity

14 achieved from increased efficiency or additions of

15 new capacity at a hydroelectric facility in existence

16 on the date of enactment of this paragraph.

17 ‘‘(2) PROGRAMS.—Subject to subsection (h)(2),

18 if an incremental hydropower program meets the re19 quirements of this section, as determined by the Sec20 retary, the incremental hydropower program shall be

21 eligible to receive incentive payments under this sec22 tion.

23 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—

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

25 there are authorized to be appropriated such sums
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1 as are necessary to carry out this section for fiscal

2 years 2003 through 2023.

3 ‘‘(2) LIMITATION ON FUNDS USED FOR INCRE4 MENTAL HYDROPOWER PROGRAMS.—Not more than

5 30 percent of the amounts made available under

6 paragraph (1) shall be used to carry out programs

7 described in subsection (g)(2).

8 ‘‘(3) AVAILABILITY OF FUNDS.—Funds made

9 available under paragraph (1) shall remain available

10 until expended.’’.

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