plier sells electric energy, in proportion to the por-
tion of the retail electric supplier’s base amount that 
is sold within each relevant State, provided that such 
payments are deposited directly into a fund in the 
State treasury established for this purpose and that 
the State uses such funds in accordance with para-
graphs (3) and (4). If the Commission determines at 
any time that a State is in substantial noncompli-
ance with paragraph (3) or (4), the Commission 
shall direct that any future alternative compliance 
payments that would otherwise be paid to such State 
under this subsection shall instead be paid to the 
Commission and deposited in the United States 
Treasury. 
‘‘(3) STATE USE OF FUNDS.—As a condition of 
receipt of alternative compliance payments pursuant 
to this subsection, a State shall use such payments 
exclusively for the purposes of— 
‘‘(A) deploying technologies that generate 
electricity from renewable energy resources; or 
‘‘(B) implementing cost-effective energy ef-
ficiency programs to achieve electricity savings. 
‘‘(4) REPORTING.— 
‘‘(A) IN GENERAL.—As a condition of re-
ceipt of alternative compliance payments pursu-
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ant to this subsection, a State shall submit to 
the Commission an annual report, in accord-
ance with such regulations as the Commission 
may prescribe, containing a full accounting of 
the use of such payments, including a detailed 
description of the activities funded thereby and 
demonstrating compliance with the require-
ments of this subsection. 
‘‘(B) DEADLINE.—A State submitting a 
report under this paragraph shall do so— 
‘‘(i) not later than 12 months after 
the date on which the first alternative com-
pliance payment is received; and 
‘‘(ii) every 12 months thereafter until 
all such payments are expended. 
‘‘(h) INFORMATION COLLECTION.—The Commission 
may require any retail electric supplier, renewable elec-
tricity generator, or such other entities as the Commission 
determines appropriate, to provide any information the 
Commission determines appropriate to carry out this sec-
tion. 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.— 
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‘‘(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 Commission shall 
assess 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)). 
‘‘(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 (16 U.S.C. 
825o–1(b)). Such penalty shall be assessed by the 
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Commission in the same manner as in the case of 
a violation referred to in section 316A(b) of such 
Act. 
‘‘(4) 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 paragraphs (1) through (3), may use 
the procedures for review described in section 313 of 
the Federal Power Act (16 U.S.C. 825l). For pur-
poses 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 pen-
alty under paragraphs (1) through (3). 
‘‘(j) SAVINGS PROVISIONS.—Nothing in this section 
shall— 
‘‘(1) diminish or qualify any authority of a 
State, a political subdivision of a State, or an Indian 
tribe to— 
‘‘(A) adopt or enforce any law or regula-
tion respecting renewable electricity or energy 
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-
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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, political subdivision, or Indian tribe, 
including the authority to require such retail 
electric supplier to acquire and submit to the 
Secretary for retirement 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. 
‘‘(k) SUNSET.—This section expires on December 31, 
2041.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents set forth in section 1(b) of the Public Utility Regu-
latory Policies Act of 1978 is amended by inserting after 
the item relating to section 608 the following: 
‘‘Sec. 609. Rural and remote communities electrification grants. 
‘‘Sec. 610. Combined efficiency and renewable electricity standard.’’. 
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