‘‘(cc) if applicable, changes 
to the definitions of the terms 
‘qualified 
renewable 
biomass’, 
‘qualified waste-to-energy’, and 
‘qualified low-carbon fuel’; and 
‘‘(dd) if applicable, deter-
mining 
the 
allowable 
carbon 
stock removal levels during de-
fined forest management oper-
ations; 
‘‘(B) not later than 1 year after the date 
of publication of the report under subparagraph 
(A)(v), after providing notice an opportunity for 
public comment, promulgate regulations, taking 
into consideration the report, for— 
‘‘(i) calculating lifecycle greenhouse 
gas emissions of electric energy generated 
from each type of significant source of 
clean energy evaluated under subparagraph 
(A)(i); 
‘‘(ii) determining the carbon intensity 
of electric energy generated from each type 
of significant source of clean energy evalu-
ated under subparagraph (A)(i); and 
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‘‘(iii) determining the credit value of 
electric energy generated from qualified re-
newable biomass, qualified waste-to-energy, 
and qualified low-carbon fuels; and 
‘‘(C) if recommended in the report under 
subparagraph (A)(v)(II)(cc), submit to Con-
gress recommendations relating to changes to 
the definitions of the terms ‘qualified renewable 
biomass’, ‘qualified waste-to-energy’, and ‘quali-
fied low-carbon fuel’ for purposes of this sec-
tion. 
‘‘(5) CONSULTATION.—The Secretary shall con-
sult with— 
‘‘(A) in determining carbon intensities of 
generators pursuant to paragraph (1) and mak-
ing adjustments pursuant to paragraph (2), the 
Administrator of the Environmental Protection 
Agency; 
‘‘(B) in promulgating regulations for calcu-
lating lifecycle greenhouse gas emissions pursu-
ant to paragraph (4)(B)(i) and determining 
carbon 
intensities 
pursuant 
to 
paragraph 
(4)(B)(ii), the Administrator of the Environ-
mental Protection Agency; 
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‘‘(C) in promulgating regulations for deter-
mining appropriate credit values pursuant to 
paragraph (4)(B)(iii)— 
‘‘(i) the Administrator of the Environ-
mental Protection Agency; 
‘‘(ii) the Secretary of Agriculture; and 
‘‘(iii) the Secretary of the Interior; 
and 
‘‘(D) in making recommendations to Con-
gress under paragraph (4)(C), the Adminis-
trator of the Environmental Protection Agency, 
acting in consultation with the Scientific Advi-
sory Board of the Environmental Protection 
Agency. 
‘‘(h) CIVIL PENALTIES.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), a 
retail electricity supplier that fails to meet the re-
quirements of this section shall be subject to a civil 
penalty in an amount equal to the product obtained 
by multiplying— 
‘‘(A) the number of kilowatt-hours of elec-
tric energy sold by the retail electricity supplier 
to electric consumers in violation of subsection 
(c); and 
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‘‘(B) 200 percent of the value of the alter-
native compliance payment, as adjusted under 
subsection (i)(2). 
‘‘(2) WAIVERS AND MITIGATION.— 
‘‘(A) FORCE
MAJEURE.—The Secretary 
may mitigate or waive a civil penalty under 
paragraph (1) if the applicable retail electricity 
supplier was unable to comply with an applica-
ble requirement of this section for reasons out-
side of the reasonable control of the retail elec-
tricity supplier. 
‘‘(B) 
REDUCTION
FOR
STATE
PEN-
ALTIES.—The 
Secretary 
shall 
reduce 
the 
amount of a penalty determined under para-
graph (1) by the amount paid by the applicable 
retail electricity supplier to a State for failure 
to comply with the requirement of a State re-
newable energy program, if the State require-
ment is more stringent than the applicable re-
quirement of this section. 
‘‘(3) PROCEDURE FOR ASSESSING PENALTY.— 
The Secretary shall assess a civil penalty under this 
subsection in accordance with section 333(d) of the 
Energy Policy and Conservation Act (42 U.S.C. 
6303(d)). 
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‘‘(i) ALTERNATIVE COMPLIANCE PAYMENTS.— 
‘‘(1) IN GENERAL.—A retail electricity supplier 
may satisfy the requirements of subsection (c), in 
whole or in part, by submitting, in lieu of Federal 
clean energy credits issued under this section, a pay-
ment equal to the amount required under subsection 
(d)(1)(C), in accordance with such regulations as the 
Secretary may promulgate, subject to paragraph (2). 
‘‘(2) ADJUSTMENT.—Not later than December 
1 of the second full calendar year beginning after 
the date of enactment of this section, and annually 
thereafter, the Secretary shall— 
‘‘(A) increase the rate of the alternative 
compliance payment under subsection (d)(1)(C) 
by— 
‘‘(i) during the period beginning on 
the date of enactment of this section and 
ending on December 31, 2029, 3 percent; 
and 
‘‘(ii) beginning on January 1, 2030, 5 
percent; and 
‘‘(B) additionally adjust that rate for infla-
tion, as the Secretary determines to be nec-
essary. 
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‘‘(j) STATE ENERGY EFFICIENCY, CLEAN ENERGY 
DEPLOYMENT, AND ELECTRIC CONSUMER BILL REDUC-
TION PROGRAM.— 
‘‘(1) ESTABLISHMENT.—Not later than Decem-
ber 1 of the first calendar year beginning after the 
date of enactment of this section, the Secretary shall 
establish a State energy efficiency, clean energy de-
ployment, and electric consumer bill reduction pro-
gram. 
‘‘(2) FUNDING.—All funds collected by the Sec-
retary as alternative compliance payments under 
subsection (i), or as civil penalties under subsection 
(h), shall be used solely to carry out the program 
under this subsection. 
‘‘(3) DISTRIBUTION TO STATES.— 
‘‘(A) IN
GENERAL.—Of the funds de-
scribed in paragraph (2), an amount equal to 
75 percent shall be used by the Secretary, with-
out further appropriation or fiscal year limita-
tion, to provide funds to States, in an amount 
determined 
proportionally 
based 
on 
the 
amounts collected from each State— 
‘‘(i) for the implementation of State 
energy efficiency plans under section 362 
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