deems appropriate, to provide any information the Com-
mission determines appropriate to carry out this section. 
Failure to submit such information or submission of false 
or misleading information under this subsection shall be 
a violation of this section. 
‘‘(i) ENFORCEMENT AND JUDICIAL REVIEW.— 
‘‘(1) FAILURE TO SUBMIT CREDITS OR DEM-
ONSTRATE SAVINGS.—If any person fails to comply 
with the requirements of subsection (b) or (g), such 
person shall be liable to pay to the Commission a 
civil penalty equal to the product of— 
‘‘(A) double the alternative compliance 
payment calculated under subsection (g)(1), 
and 
‘‘(B) the aggregate quantity of Federal re-
newable electricity credits, total annual elec-
tricity savings, or equivalent alternative compli-
ance payments that the person failed to submit 
in violation of the requirements of subsections 
(b) and (g). 
‘‘(2) ENFORCEMENT.—The Secretary shall as-
sess a civil penalty under paragraph (1) in accord-
ance with the procedures described in section 31(d) 
of the Federal Power Act (16 U.S.C. 823b(d)). 
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‘‘(3) VIOLATION OF REQUIREMENT OF REGULA-
TIONS
OR
ORDERS.—Any person who violates, or 
fails or refuses to comply with, any requirement of 
a regulation promulgated or order issued under this 
section shall be subject to a civil penalty under sec-
tion 316A(b) of the Federal Power Act. Such pen-
alty shall be assessed by the Commission in the 
same manner as in the case of a violation referred 
to in section 316A(b) of such Act. 
‘‘(j) JUDICIAL REVIEW.—Any person aggrieved by a 
final action taken by the Commission under this section, 
other than the assessment of a civil penalty under sub-
section (i), may use the procedures for review described 
in section 313 of the Federal Power Act (16 U.S.C. 825l). 
For purposes of this paragraph, references to an order in 
section 313 of such Act shall be deemed to refer also to 
all other final actions of the Commission under this section 
other than the assessment of a civil penalty under sub-
section (i). 
‘‘(k) SAVINGS PROVISIONS.—Nothing in this section 
shall— 
‘‘(1) diminish or qualify any authority of a 
State or political subdivision of a State to— 
‘‘(A) adopt or enforce any law or regula-
tion respecting renewable electricity or energy 
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efficiency, including any law or regulation es-
tablishing requirements more stringent than 
those established by this section, provided that 
no such law or regulation may relieve any per-
son of any requirement otherwise applicable 
under this section; or 
‘‘(B) regulate the acquisition and disposi-
tion of Federal renewable electricity credits by 
retail electric suppliers within the jurisdiction of 
such State or political subdivision, including the 
authority to require such retail electric supplier 
to acquire and submit to the Secretary for re-
tirement Federal renewable electricity credits in 
excess of those submitted under this section; or 
‘‘(2) affect the application of, or the responsi-
bility for compliance with, any other provision of law 
or regulation, including environmental and licensing 
requirements. 
‘‘(l) SUNSET.—This section expires on December 31, 
2040.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents set forth in section 1(b) of the Public Utility Regu-
latory Policies Act of 1978 (16 U.S.C. 2601 and following) 
is amended by inserting after the item relating to section 
609 the following: 
‘‘Sec. 610. Combined efficiency and renewable electricity standard.’’. 
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Subtitle B—Carbon Capture and 
Sequestration 
SEC. 111. NATIONAL STRATEGY. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Administrator of the 
Environmental Protection Agency, in consultation with 
the Secretary of Energy and the heads of such other rel-
evant Federal agencies as the President may designate, 
shall submit to Congress a report setting forth a unified 
and comprehensive strategy to address the key legal, regu-
latory and other barriers to the commercial-scale deploy-
ment of carbon capture and sequestration. 
(b) BARRIERS.—The report under this section 
shall— 
(1) identify those regulatory, legal, and other 
gaps and barriers that could be addressed by a Fed-
eral agency using existing statutory authority, those, 
if any, that require Federal legislation, and those 
that would be best addressed at the State or re-
gional level; 
(2) identify regulatory implementation chal-
lenges, including those related to approval of State 
programs and delegation of authority for permitting; 
and 
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(3) recommend rulemakings, Federal legisla-
tion, or other actions that should be taken to further 
evaluate and address such barriers. 
SEC. 112. REGULATIONS FOR GEOLOGIC SEQUESTRATION 
SITES. 
(a) COORDINATED CERTIFICATION AND PERMITTING 
PROCESS.—Title VIII of the Clean Air Act, as added by 
section 331 of this Act, is amended by adding after section 
812 (as added by section 116 of this Act) the following: 
‘‘SEC. 813. GEOLOGIC SEQUESTRATION SITES. 
‘‘(a) COORDINATED PROCESS.—The Administrator 
shall establish a coordinated approach to certifying and 
permitting geologic sequestration, taking into consider-
ation all relevant statutory authorities. In establishing 
such approach, the Administrator shall— 
‘‘(1) take into account, and reduce redundancy 
with, the requirements of section 1421 of the Safe 
Drinking Water Act (42 U.S.C. 300h), as amended 
by section 112(b) of the American Clean Energy and 
Security Act of 2009, including the rulemaking for 
geologic sequestration wells described at 73 Fed. 
Reg. 43491–541 (July 25, 2008); and 
‘‘(2) to the extent practicable, reduce the bur-
den on certified entities and implementing authori-
ties. 
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‘‘(b) REGULATIONS.—Not later than 2 years after 
the date of enactment of this title, the Administrator shall 
promulgate regulations to protect human health and the 
environment by minimizing the risk of escape to the at-
mosphere of carbon dioxide injected for purposes of geo-
logic sequestration. 
‘‘(c) REQUIREMENTS.—The regulations under sub-
section (b) shall include— 
‘‘(1) a process to obtain certification for geo-
logic sequestration under this section; and 
‘‘(2) requirements for— 
‘‘(A) monitoring, record keeping, and re-
porting for emissions associated with injection 
into, and escape from, geologic sequestration 
sites, taking into account any requirements or 
protocols developed under section 713; 
‘‘(B) public participation in the certifi-
cation process that maximizes transparency; 
‘‘(C) the sharing of data between States, 
Indian tribes, and the Environmental Protec-
tion Agency; and 
‘‘(D) other elements or safeguards nec-
essary to achieve the purpose set forth in sub-
section (b). 
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‘‘(d) REPORT.—Not later than 2 years after the pro-
mulgation of regulations under subsection (b), and at 3- 
year intervals thereafter, the Administrator shall deliver 
to the Committee on Energy and Commerce of the House 
of Representatives and the Committee on Environment 
and Public Works of the Senate a report on geologic se-
questration in the United States, and, to the extent rel-
evant, other countries in North America. Such report shall 
include— 
‘‘(1) data regarding injection, emissions to the 
atmosphere, if any, and performance of active and 
closed geologic sequestration sites, including those 
where enhanced hydrocarbon recovery operations 
occur; 
‘‘(2) an evaluation of the performance of rel-
evant Federal environmental regulations and pro-
grams in ensuring environmentally protective geo-
logic sequestration practices; 
‘‘(3) recommendations on how such programs 
and regulations should be improved or made more 
effective; and 
‘‘(4) other relevant information.’’. 
(b) SAFE DRINKING WATER ACT STANDARDS.—Sec-
tion 1421 of the Safe Drinking Water Act (42 U.S.C. 
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300h) is amended by inserting after subsection (d) the fol-
lowing: 
‘‘(e) CARBON DIOXIDE GEOLOGIC SEQUESTRATION 
WELLS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this subsection, the Admin-
istrator shall promulgate regulations under sub-
section (a) for carbon dioxide geologic sequestration 
wells. 
‘‘(2) FINANCIAL RESPONSIBILITY.—The regula-
tions referred to in paragraph (1) shall include re-
quirements for maintaining evidence of financial re-
sponsibility, including financial responsibility for 
emergency and remedial response, well plugging, site 
closure, and post-injection site care. Financial re-
sponsibility may be established for carbon dioxide 
geologic sequestration wells in accordance with regu-
lations promulgated by the Administrator by any 
one, or any combination, of the following: insurance, 
guarantee, trust, standby trust, surety bond, letter 
of credit, qualification as a self-insurer, or any other 
method satisfactory to the Administrator.’’. 
SEC. 113. STUDIES AND REPORTS. 
(a) STUDY OF LEGAL FRAMEWORK FOR GEOLOGIC 
SEQUESTRATION SITES.— 
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(1) ESTABLISHMENT
OF
TASK
FORCE.—As 
soon as practicable, but not later than 6 months 
after the date of enactment of this Act, the Adminis-
trator of the Environmental Protection Agency shall 
establish a task force to be composed of an equal 
number of subject matter experts, nongovernmental 
organizations with expertise in environmental policy, 
academic experts with expertise in environmental 
law, State officials with environmental expertise, 
representatives of State Attorneys General, and 
members of the private sector, to conduct a study 
of— 
(A) existing Federal environmental stat-
utes, State environmental statutes, and State 
common law that apply to geologic sequestra-
tion sites for carbon dioxide, including the abil-
ity of such laws to serve as risk management 
tools; 
(B) the existing statutory framework, in-
cluding Federal and State laws, that apply to 
harm and damage to the environment or public 
health at closed sites where carbon dioxide in-
jection has been used for enhanced hydrocarbon 
recovery; 
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(C) the statutory framework, environ-
mental health and safety considerations, imple-
mentation issues, and financial implications of 
potential models for Federal, State, or private 
sector assumption of liabilities and financial re-
sponsibilities with respect to closed geologic se-
questration sites; 
(D) private sector mechanisms, including 
insurance and bonding, that may be available to 
manage environmental, health and safety risk 
from closed geologic sequestration sites; and 
(E) the subsurface mineral rights, water 
rights, or property rights issues associated with 
geologic sequestration of carbon dioxide. 
(2) REPORT.—Not later than 18 months after 
the date of enactment of this Act, the task force es-
tablished under paragraph (1) shall submit to Con-
gress a report describing the results of the study 
conducted under that paragraph including any con-
sensus recommendations of the task force. 
(b) ENVIRONMENTAL STATUTES.— 
(1) STUDY.—The Administrator of the Envi-
ronmental Protection Agency shall conduct a study 
examining how, and under what circumstances, the 
environmental statutes for which the Environmental 
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Protection Agency has responsibility would apply to 
carbon dioxide injection and geologic sequestration 
activities. 
(2) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Administrator 
shall submit to Congress a report describing the re-
sults of the study conducted under paragraph (1). 
SEC. 114. CARBON CAPTURE AND SEQUESTRATION DEM-
ONSTRATION AND EARLY DEPLOYMENT PRO-
GRAM. 
(a) DEFINITIONS.—For purposes of this section: 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(2) DISTRIBUTION
UTILITY.—The term ‘‘dis-
tribution utility’’ means an entity that distributes 
electricity directly to retail consumers under a legal, 
regulatory, or contractual obligation to do so. 
(3) ELECTRIC
UTILITY.—The term ‘‘electric 
utility’’ has the meaning provided by section 3(22) 
of the Federal Power Act (16 U.S.C. 796(22)). 
(4) FOSSIL
FUEL-BASED
ELECTRICITY.—The 
term ‘‘fossil fuel-based electricity’’ means electricity 
that is produced from the combustion of fossil fuels. 
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(5) FOSSIL
FUEL.—The term ‘‘fossil fuel’’ 
means coal, petroleum, natural gas or any derivative 
of coal, petroleum, or natural gas. 
(6) CORPORATION.—The term ‘‘Corporation’’ 
means the Carbon Storage Research Corporation es-
tablished in accordance with this section. 
(7) QUALIFIED INDUSTRY ORGANIZATION.—The 
term ‘‘qualified industry organization’’ means the 
Edison Electric Institute, the American Public 
Power Association, the National Rural Electric Co-
operative Association, a successor organization of 
such organizations, or a group of owners or opera-
tors of distribution utilities delivering fossil fuel- 
based electricity who collectively represent at least 
20 percent of the volume of fossil fuel-based elec-
tricity delivered by distribution utilities to consumers 
in the United States. 
(8) RETAIL CONSUMER.—The term ‘‘retail con-
sumer’’ means an end-user of electricity. 
(b) CARBON STORAGE RESEARCH CORPORATION.— 
(1) ESTABLISHMENT.— 
(A) REFERENDUM.—Qualified industry or-
ganizations may conduct, at their own expense, 
a referendum among the owners or operators of 
distribution utilities delivering fossil fuel-based 
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electricity for the creation of a Carbon Storage 
Research Corporation. Such referendum shall 
be conducted by an independent auditing firm 
agreed to by the qualified industry organiza-
tions. Voting rights in such referendum shall be 
based on the quantity of fossil fuel-based elec-
tricity delivered to consumers in the previous 
calendar year or other representative period as 
determined by the Secretary pursuant to sub-
section (f). Upon approval of those persons rep-
resenting two-thirds of the total quantity of fos-
sil fuel-based electricity delivered to retail con-
sumers, the Corporation shall be established un-
less opposed by the State regulatory authorities 
pursuant to subparagraph (B). All distribution 
utilities voting in the referendum shall certify to 
the independent auditing firm the quantity of 
fossil fuel-based electricity represented by their 
vote. 
(B) STATE REGULATORY AUTHORITIES.— 
Upon its own motion or the petition of a quali-
fied industry organization, each State regu-
latory authority shall consider its support or op-
position to the creation of the Corporation 
under subparagraph (A). State regulatory au-
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thorities may notify the independent auditing 
firm referred to in subparagraph (A) of their 
views on the creation of the Corporation within 
180 days after the date of enactment of this 
Act. If 40 percent or more of the State regu-
latory authorities submit to the independent au-
diting firm written notices of opposition, the 
Corporation shall not be established notwith-
standing the approval of the qualified industry 
organizations as provided in subparagraph (A). 
(2) TERMINATION.—The Corporation shall be 
authorized to collect assessments and conduct oper-
ations pursuant to this section for a 10-year period 
from the date 6 months after the date of enactment 
of this Act. After such 10-year period, the Corpora-
tion is no longer authorized to collect assessments 
and shall be dissolved on the date 15 years after 
such date of enactment, unless the period is ex-
tended by an Act of Congress. 
(3) GOVERNANCE.—The Corporation shall oper-
ate as a division or affiliate of the Electric Power 
Research Institute (referred to in this section as 
‘‘EPRI’’) and be managed by a Board of not more 
than 15 voting members responsible for its oper-
ations, including compliance with this section. EPRI, 
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in consultation with the Edison Electric Institute, 
the American Public Power Association and the Na-
tional Rural Electric Cooperative Association shall 
appoint the Board members under clauses (i), (ii), 
and (iii) of subparagraph (A) from among can-
didates recommended by those organizations. At 
least a majority of the Board members appointed by 
EPRI shall be representatives of distribution utilities 
subject to assessments under subsection (d). 
(A) MEMBERS.—The Board shall include 
at least one representative of each of the fol-
lowing: 
(i) Investor-owned utilities. 
(ii) Utilities owned by a State agency 
or a municipality. 
(iii) Rural electric cooperatives. 
(iv) Fossil fuel producers. 
(v) Non-profit environmental organi-
zations. 
(vi) Independent generators or whole-
sale power providers. 
(vii) Consumer groups. 
(B) NONVOTING
MEMBERS.—The Board 
shall also include as additional non-voting Mem-
bers the Secretary of Energy or his designee 
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and 2 representatives of State regulatory au-
thorities as defined in section 3(17) of the Pub-
lic Utility Regulatory Policies Act of 1978 (16 
U.S.C. 2602(17)), each designated by the Na-
tional Association of State Regulatory Utility 
Commissioners from States that are not within 
the same transmission interconnection. 
(4) COMPENSATION.—Corporation Board mem-
bers shall receive no compensation for their services, 
nor shall Corporation Board members be reimbursed 
for expenses relating to their service. 
(5) TERMS.—Corporation Board members shall 
serve terms of 4 years and may serve not more than 
2 full consecutive terms. Members filling unexpired 
terms may serve not more than a total of 8 consecu-
tive years. Former members of the Corporation 
Board may be reappointed to the Corporation Board 
if they have not been members for a period of 2 
years. Initial appointments to the Corporation Board 
shall be for terms of 1, 2, 3, and 4 years, staggered 
to provide for the selection of 3 members each year. 
(6) STATUS OF CORPORATION.—The Corpora-
tion shall not be considered to be an agency, depart-
ment, or instrumentality of the United States, and 
no officer or director or employee of the Corporation 
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shall be considered to be an officer or employee of 
the United States Government, for purposes of title 
5 or title 31 of the United States Code, or for any 
other purpose, and no funds of the Corporation shall 
be treated as public money for purposes of chapter 
33 of title 31, United States Code, or for any other 
purpose. 
(c) FUNCTIONS AND ADMINISTRATION OF THE COR-
PORATION.— 
(1) IN GENERAL.—The Corporation shall estab-
lish and administer a program to accelerate the com-
mercial availability of carbon dioxide capture and 
storage technologies and methods, including tech-
nologies which capture and store, or capture and 
convert, carbon dioxide. Under such program com-
petitively awarded grants, contracts, and financial 
assistance shall be provided and entered into with el-
igible entities. Except as provided in paragraph (8), 
the Corporation shall use all funds derived from as-
sessments under subsection (d) to issue grants and 
contracts to eligible entities. 
(2) PURPOSE.—The purposes of the grants, 
contracts, and assistance under this subsection shall 
be to support commercial-scale demonstrations of 
carbon capture or storage technology projects capa-
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ble of advancing the technologies to commercial 
readiness. Such projects should encompass a range 
of different coal and other fossil fuel varieties, be 
geographically diverse, involve diverse storage media, 
and employ capture or storage, or capture and con-
version, technologies potentially suitable either for 
new or for retrofit applications. The Corporation 
shall seek, to the extent feasible, to support at least 
5 commercial-scale demonstration projects inte-
grating carbon capture and sequestration or conver-
sion technologies. 
(3) ELIGIBLE ENTITIES.—Entities eligible for 
grants, contracts or assistance under this subsection 
may include distribution utilities, electric utilities 
and other private entities, academic institutions, na-
tional laboratories, Federal research agencies, State 
research agencies, non-profit organizations, or con-
sortiums of 2 or more entities. Pilot-scale and simi-
lar small-scale projects are not eligible for support 
by the Corporation. Owners or developers of projects 
supported by the Corporation shall, where appro-
priate, share in the costs of such projects. 
(4) GRANTS FOR EARLY MOVERS.—Fifty per-
cent of the funds raised under this section shall be 
provided in the form of grants to electric utilities 
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that had, prior to the award of any grant under this 
section, committed resources to deploy a large scale 
electricity generation unit with integrated carbon 
capture and sequestration or conversion applied to a 
substantial portion of the unit’s carbon dioxide emis-
sions. Grant funds shall be provided to defray costs 
incurred by such electricity utilities for at least 5 
such electricity generation units. 
(5) ADMINISTRATION.—The members of the 
Board of Directors of the Corporation shall elect a 
Chairman and other officers as necessary, may es-
tablish committees and subcommittees of the Cor-
poration, and shall adopt rules and bylaws for the 
conduct of business and the implementation of this 
section. The Board shall appoint an Executive Di-
rector and professional support staff who may be 
employees of the Electric Power Research Institute 
(EPRI). After consultation with the Technical Advi-
sory Committee established under subsection (j), the 
Secretary, and the Director of the National Energy 
Technology Laboratory to obtain advice and rec-
ommendations on plans, programs, and project selec-
tion criteria, the Board shall establish priorities for 
grants, contracts, and assistance; publish requests 
for proposals for grants, contracts and assistance; 
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award grants, contracts and assistance competi-
tively, on the basis of merit, after the establishment 
of procedures that provide for scientific peer review 
by the Technical Advisory Committee. The Board 
shall give preference to applications that reflect the 
best overall value and prospect for achieving the 
purposes of the section, such as those which dem-
onstrate an integrated approach for capture and 
storage or capture and conversion technologies. The 
Board members shall not participate in making 
grants or awards to entities with whom they are af-
filiated. 
(6) USES OF GRANTS, CONTRACTS, AND ASSIST-
ANCE.—A grant, contract, or other assistance pro-
vided under this subsection may be used to purchase 
carbon dioxide when needed to conduct tests of car-
bon dioxide storage sites, in the case of established 
projects that are storing carbon dioxide emissions, or 
for other purposes consistent with the purposes of 
this section. The Corporation shall make publicly 
available at no cost information learned as a result 
of projects which it supports financially. 
(7) INTELLECTUAL
PROPERTY.—The Board 
shall establish policies regarding the ownership of in-
tellectual property developed as a result of Corpora-
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tion grants and other forms of technology support. 
Such policies shall encourage individual ingenuity 
and invention. 
(8) ADMINISTRATIVE EXPENSES.—Up to 5 per-
cent of the funds collected in any fiscal year under 
subsection (d) may be used for the administrative 
expenses of operating the Corporation (not including 
costs incurred in the determination and collection of 
the assessments pursuant to subsection (d)). 
(9) PROGRAMS AND BUDGET.—Before August 1 
each year, the Corporation, after consulting with the 
Technical Advisory Committee and the Secretary 
and the Director of the Department’s National En-
ergy Technology Laboratory and other interested 
parties to obtain advice and recommendations, shall 
publish for public review and comment its proposed 
plans, programs, project selection criteria, and 
projects to be funded by the Corporation for the 
next calendar year. The Corporation shall also pub-
lish for public review and comment a budget plan for 
the next calendar year, including the probable costs 
of all programs, projects, and contracts and a rec-
ommended rate of assessment sufficient to cover 
such costs. The Secretary may recommend program 
and activities the Secretary considers appropriate. 
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The Corporation shall include in the first publication 
it issues under this paragraph a strategic plan or 
roadmap for the achievement of the purposes of the 
Corporation, as set forth in paragraph (2). 
(10) RECORDS; AUDITS.—The Corporation shall 
keep minutes, books, and records that clearly reflect 
all of the acts and transactions of the Corporation 
and make public such information. The books of the 
Corporation shall be audited by a certified public ac-
countant at least once each fiscal year and at such 
other times as the Corporation may designate. Cop-
ies of each audit shall be provided to the Congress, 
all Corporation board members, all qualified indus-
try organizations, each State regulatory authority 
and, upon request, to other members of the industry. 
If the audit determines that the Corporation’s prac-
tices fail to meet generally accepted accounting prin-
ciples the assessment collection authority of the Cor-
poration under subsection (d) shall be suspended 
until a certified public accountant renders a subse-
quent opinion that the failure has been corrected. 
The Corporation shall make its books and records 
available for review by the Secretary or the Comp-
troller General of the United States. 
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(11) 
PUBLIC
ACCESS.—The 
Corporation 
Board’s meetings shall be open to the public and 
shall occur after at least 30 days advance public no-
tice. Meetings of the Board of Directors may be 
closed to the public where the agenda of such meet-
ings includes only confidential matters pertaining to 
project selection, the award of grants or contracts, 
personnel matter, or the receipt of legal advice. The 
minutes of all meetings of the Corporation shall be 
made available to and readily accessible by the pub-
lic. 
(12) ANNUAL
REPORT.—Each year the Cor-
poration shall prepare and make publicly available a 
report which includes an identification and descrip-
tion of all programs and projects undertaken by the 
Corporation during the previous year. The report 
shall also detail the allocation or planned allocation 
of Corporation resources for each such program and 
project. The Corporation shall provide its annual re-
port to the Congress, the Secretary, each State regu-
latory authority, and upon request to the public. The 
Secretary shall, not less than 60 days after receiving 
such report, provide to the President and Congress 
a report assessing the progress of the Corporation in 
meeting the objectives of this section. 
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(d) ASSESSMENTS.— 
(1) AMOUNT.—(A) In all calendar years fol-
lowing its establishment, the Corporation shall col-
lect an assessment on distribution utilities for all 
fossil fuel-based electricity delivered directly to retail 
consumers (as determined under subsection (f)). The 
assessments shall reflect the relative carbon dioxide 
emission rates of different fossil fuel-based elec-
tricity, and initially shall be not less than the fol-
lowing amounts for coal, natural gas, and oil: 
Fuel type 
Rate of assessment 
per kilowatt hour 
Coal ...................................................................
$0.00043 
Natural Gas ......................................................
$0.00022 
Oil .....................................................................
$0.00032. 
(B) The Corporation is authorized to adjust the 
assessments on fossil fuel-based electricity to reflect 
changes in the expected quantities of such electricity 
from different fuel types, such that the assessments 
generate not less than $1.0 billion and not more 
than $1.1 billion annually. The Corporation is au-
thorized to supplement assessments through addi-
tional financial commitments. 
(2) INVESTMENT
OF
FUNDS.—Pending dis-
bursement pursuant to a program, plan, or project, 
the Corporation may invest funds collected through 
assessments under this subsection, and any other 
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funds received by the Corporation, only in obliga-
tions of the United States or any agency thereof, in 
general obligations of any State or any political sub-
division thereof, in any interest-bearing account or 
certificate of deposit of a bank that is a member of 
the Federal Reserve System, or in obligations fully 
guaranteed as to principal and interest by the 
United States. 
(3) REVERSION
OF
UNUSED
FUNDS.—If the 
Corporation does not disburse, dedicate or assign 75 
percent or more of the available proceeds of the as-
sessed fees in any calendar year 7 or more years fol-
lowing its establishment, due to an absence of quali-
fied projects or similar circumstances, it shall reim-
burse the remaining undedicated or unassigned bal-
ance of such fees, less administrative and other ex-
penses authorized by this section, to the distribution 
utilities upon which such fees were assessed, in pro-
portion to their collected assessments. 
(e) ERCOT.— 
(1) ASSESSMENT, COLLECTION, AND
REMIT-
TANCE.—(A) Notwithstanding any other provision of 
this section, within ERCOT, the assessment pro-
vided for in subsection (d) shall be— 
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(i) levied directly on qualified scheduling 
entities, or their successor entities; 
(ii) charged consistent with other charges 
imposed on qualified scheduling entities as a fee 
on energy used by the load-serving entities; and 
(iii) collected and remitted by ERCOT to 
the Corporation in the amounts and in the 
same manner as set forth in subsection (d). 
(B) The assessment amounts referred to in sub-
paragraph (A) shall be— 
(i) determined by the amount and types of 
fossil fuel-based electricity delivered directly to 
all retail customers in the prior calendar year 
beginning with the year ending immediately 
prior to the period described in subsection 
(b)(1); and 
(ii) take into account the number of renew-
able energy credits retired by the load-serving 
entities represented by a qualified scheduling 
entity within the prior calendar year. 
(2) ADMINISTRATION EXPENSES.—Up to 1 per-
cent of the funds collected in any fiscal year by 
ERCOT under the provisions of this subsection may 
be used for the administrative expenses incurred in 
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the determination, collection and remittance of the 
assessments to the Corporation. 
(3) AUDIT.—ERCOT shall provide a copy of its 
annual audit pertaining to the administration of the 
provisions of this subsection to the Corporation. 
(4) DEFINITIONS.—For the purposes of this 
subsection: 
(A) The term ‘‘ERCOT’’ means the Elec-
tric Reliability Council of Texas. 
(B) The term ‘‘load-serving entities’’ has 
the meaning adopted by ERCOT Protocols and 
in effect on the date of enactment of this Act. 
(C) The term ‘‘qualified scheduling enti-
ties’’ has the meaning adopted by ERCOT Pro-
tocols and in effect on the date of enactment of 
this Act. 
(D) The term ‘‘renewable energy credit’’ 
has the meaning as promulgated and adopted 
by the Public Utility Commission of Texas pur-
suant to section 39.904(b) of the Public Utility 
Regulatory Act of 1999, and in effect on the 
date of enactment of this Act. 
(f) DETERMINATION OF FOSSIL FUEL-BASED ELEC-
TRICITY DELIVERIES.— 
(1) FINDINGS.—The Congress finds that: 
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179 
in light of the specific func-
tional needs for the building. 
‘‘(BB) ADJUSTMENT.— 
In the case of a building de-
scribed in subitem (AA), the 
Administrator may adjust 
the applicable numeric re-
quirement of subclause (I) 
downward with respect to 
the building.’’. 
(5) Section 436(c)(3) of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 17092(c)(3)) is 
amended by striking ‘‘474’’ and inserting ‘‘494’’. 
(6) Section 440 of the Energy Independence and Se-
curity Act of 2007 (42 U.S.C. 17096) is amended by strik-
ing ‘‘and 482’’. 
(7) Section 373(c) of the Energy Policy and Con-
servation Act (42 U.S.C. 6343(c)) (as amended by section 
451(a) of the Energy Independence and Security Act of 
2007 (121 Stat. 1628)) is amended by striking ‘‘Adminis-
trator’’ and inserting ‘‘Secretary’’. 
(c) TITLE V—ENERGY SAVINGS IN GOVERNMENT 
AND PUBLIC INSTITUTIONS.—Section 541(3)(A)(i)(II) of 
the Energy Independence and Security Act of 2007 (42 
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