†
HR 6 EAS1S/PP
more other persons) so as to make it necessary
for the rate protection of utility customers with
respect to rates that such person be subject to the
obligations, duties, and liabilities imposed by
this subtitle upon subsidiary companies of hold-
ing companies.
(17) The term ‘‘voting security’’ means any secu-
rity presently entitling the owner or holder thereof to
vote in the direction or management of the affairs of
a company.
SEC. 223. REPEAL OF THE PUBLIC UTILITY HOLDING COM-
PANY ACT OF 1935.
The Public Utility Holding Company Act of 1935 (15
U.S.C. 79 et seq.) is repealed.
SEC. 224. FEDERAL ACCESS TO BOOKS AND RECORDS.
(a) IN GENERAL.—Each holding company and each
associate company thereof shall maintain, and shall make
available to the Commission, such books, accounts, memo-
randa, and other records as the Commission deems to be
relevant to costs incurred by a public utility or natural gas
company that is an associate company of such holding com-
pany and necessary or appropriate for the protection of
utility customers with respect to jurisdictional rates.
(b) AFFILIATE COMPANIES.—Each affiliate of a hold-
ing company or of any subsidiary company of a holding
†
HR 6 EAS1S/PP
company shall maintain, and shall make available to the
Commission, such books, accounts, memoranda, and other
records with respect to any transaction with another affil-
iate, as the Commission deems to be relevant to costs in-
curred by a public utility or natural gas company that is
an associate company of such holding company and nec-
essary or appropriate for the protection of utility customers
with respect to jurisdictional rates.
(c) HOLDING COMPANY SYSTEMS.—The Commission
may examine the books, accounts, memoranda, and other
records of any company in a holding company system, or
any affiliate thereof, as the Commission deems to be rel-
evant to costs incurred by a public utility or natural gas
company within such holding company system and nec-
essary or appropriate for the protection of utility customers
with respect to jurisdictional rates.
(d) CONFIDENTIALITY.—No member, officer, or em-
ployee of the Commission shall divulge any fact or informa-
tion that may come to his or her knowledge during the
course of examination of books, accounts, memoranda, or
other records as provided in this section, except as may be
directed by the Commission or by a court of competent ju-
risdiction.
†
HR 6 EAS1S/PP
SEC. 225. STATE ACCESS TO BOOKS AND RECORDS.
(a) In GENERAL.—Upon the written request of a State
commission having jurisdiction to regulate a public utility
company in a holding company system, the holding com-
pany or any associate company or affiliate thereof, other
than such public utility company, wherever located, shall
produce for inspection books, accounts, memoranda, and
other records that—
(1) have been identified in reasonable detail by
the State commission;
(2) the State commission deems are relevant to
costs incurred by such public utility company; and
(3) are necessary for the effective discharge of the
responsibilities of the State commission with respect
to such proceeding.
(b) LIMITATION.—Subsection (a) does not apply to
any person that is a holding company solely by reason of
ownership of one or more qualifying facilities under the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
2601 et seq.).
(c) CONFIDENTIALITY OF INFORMATION.—The produc-
tion of books, accounts, memoranda, and other records
under subsection (a) shall be subject to such terms and con-
ditions as may be necessary and appropriate to safeguard
against unwarranted disclosure to the public of any trade
secrets or sensitive commercial information.
†
HR 6 EAS1S/PP
(d) EFFECT ON STATE LAW.—Nothing in this section
shall preempt applicable State law concerning the provision
of books, accounts, memoranda, and other records, or in any
way limit the rights of any State to obtain books, accounts,
memoranda, and other records under any other Federal
law, contract, or otherwise.
(e) COURT JURISDICTION.—Any United States district
court located in the State in which the State commission
referred to in subsection (a) is located shall have jurisdic-
tion to enforce compliance with this section.
SEC. 226. EXEMPTION AUTHORITY.
(a) RULEMAKING.—Not later than 90 days after the
effective date of this subtitle, the Commission shall promul-
gate a final rule to exempt from the requirements of section
224 any person that is a holding company, solely with re-
spect to one or more—
(1) qualifying facilities under the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2601 et
seq.);
(2) exempt wholesale generators; or
(3) foreign utility companies.
(b) OTHER AUTHORITY.—The Commission shall ex-
empt a person or transaction from the requirements of sec-
tion 224, if, upon application or upon the motion of the
Commission—
†
HR 6 EAS1S/PP
(1) the Commission finds that the books, ac-
counts, memoranda, and other records of any person
are not relevant to the jurisdictional rates of a public
utility or natural gas company; or
(2) the Commission finds that any class of trans-
actions is not relevant to the jurisdictional rates of a
public utility or natural gas company.
SEC. 227. AFFILIATE TRANSACTIONS.
(a) COMMISSION AUTHORITY UNAFFECTED.—Nothing
in this subtitle shall limit the authority of the Commission
under the Federal Power Act (16 U.S.C. 791a et seq.) to
require that jurisdictional rates are just and reasonable, in-
cluding the ability to deny or approve the pass through of
costs, the prevention of cross-subsidization, and the promul-
gation of such rules and regulations as are necessary or ap-
propriate for the protection of utility consumers.
(b) RECOVERY OF COSTS.—Nothing in this subtitle
shall preclude the Commission or a State commission from
exercising its jurisdiction under otherwise applicable law
to determine whether a public utility company, public util-
ity, or natural gas company may recover in rates any costs
of an activity performed by an associate company, or any
costs of goods or services acquired by such public utility
company from an associate company.
†
HR 6 EAS1S/PP
SEC. 228. APPLICABILITY.
Except as otherwise specifically provided in this sub-
title, no provision of this subtitle shall apply to, or be
deemed to include—
(1) the United States;
(2) a State or any political subdivision of a
State;
(3) any foreign governmental authority not oper-
ating in the United States;
(4) any agency, authority, or instrumentality of
any entity referred to in paragraph (1), (2), or (3);
or
(5) any officer, agent, or employee of any entity
referred to in paragraph (1), (2), or (3) acting as
such in the course of his or her official duty.
SEC. 229. EFFECT ON OTHER REGULATIONS.
Nothing in this subtitle precludes the Commission or
a State commission from exercising its jurisdiction under
otherwise applicable law to protect utility customers.
SEC. 230. ENFORCEMENT.
The Commission shall have the same powers as set
forth in sections 306 through 317 of the Federal Power Act
(16 U.S.C. 825e–825p) to enforce the provisions of this sub-
title.
†
HR 6 EAS1S/PP
SEC. 231. SAVINGS PROVISIONS.
(a) IN GENERAL.—Nothing in this subtitle prohibits
a person from engaging in or continuing to engage in ac-
tivities or transactions in which it is legally engaged or
authorized to engage on the effective date of this subtitle.
(b) EFFECT ON OTHER COMMISSION AUTHORITY.—
Nothing in this subtitle limits the authority of the Commis-
sion under the Federal Power Act (16 U.S.C. 791a et seq.)
(including section 301 of that Act) or the Natural Gas Act
(15 U.S.C. 717 et seq.) (including section 8 of that Act).
SEC. 232. IMPLEMENTATION.
Not later than 18 months after the date of enactment
of this subtitle, the Commission shall—
(1) promulgate such regulations as may be nec-
essary or appropriate to implement this subtitle
(other than section 225); and
(2) submit to the Congress detailed recommenda-
tions on technical and conforming amendments to
Federal law necessary to carry out this subtitle and
the amendments made by this subtitle.
SEC. 233. TRANSFER OF RESOURCES.
All books and records that relate primarily to the func-
tions transferred to the Commission under this subtitle shall
be transferred from the Securities and Exchange Commis-
sion to the Commission.
†
HR 6 EAS1S/PP
SEC. 234. INTER-AGENCY REVIEW OF COMPETITION IN THE
WHOLESALE 
AND 
RETAIL 
MARKETS 
FOR
ELECTRIC ENERGY.
(a) TASK FORCE.—There is established an inter-agen-
cy task force, to be known as the ‘‘Electric Energy Market
Competition Task Force’’ (referred to in this section as the
‘‘task force’’), which shall consist of—
(1) one member each from—
(A) the Department of Justice, to be ap-
pointed by the Attorney General of the United
States;
(B) the Federal Energy Regulatory Com-
mission, to be appointed by the chairman of that
Commission; and
(C) the Federal Trade Commission, to be
appointed by the chairman of that Commission;
and
(2) two advisory members (who shall not vote),
of whom—
(A) one shall be appointed by the Secretary
of Agriculture to represent the Rural Utility
Service; and
(B) one shall be appointed by the Chairman
of the Securities and Exchange Commission to
represent that Commission.
(b) STUDY AND REPORT.—
†
HR 6 EAS1S/PP
(1) STUDY.—The task force shall perform a
study and analysis of the protection and promotion
of competition within the wholesale and retail market
for electric energy in the United States.
(2) REPORT.—
(A) FINAL REPORT.—Not later than 1 year
after the effective date of this subtitle, the task
force shall submit a final report of its findings
under paragraph (1) to the Congress.
(B) PUBLIC COMMENT.—At least 60 days
before submission of a final report to the Con-
gress under subparagraph (A), the task force
shall publish a draft report in the Federal Reg-
ister to provide for public comment.
(c) FOCUS.—The study required by this section shall
examine—
(1) the best means of protecting competition
within the wholesale and retail electric market;
(2) activities within the wholesale and retail
electric market that may allow unfair and unjustified
discriminatory and deceptive practices;
(3) activities within the wholesale and retail
electric market, including mergers and acquisitions,
that deny market access or suppress competition;
†
HR 6 EAS1S/PP
(4) cross-subsidization that may occur between
regulated and nonregulated activities; and
(5) the role of State public utility commissions
in regulating competition in the wholesale and retail
electric market.
(d) CONSULTATION.—In performing the study required
by this section, the task force shall consult with and solicit
comments from its advisory members, the States, represent-
atives of the electric power industry, and the public.
SEC. 235. GAO STUDY ON IMPLEMENTATION.
(a) STUDY.—The Comptroller General shall conduct a
study of the success of the Federal Government and the
States during the 18-month period following the effective
date of this subtitle in—
(1) the prevention of anticompetitive practices
and other abuses by public utility holding companies,
including cross-subsidization and other market power
abuses; and
(2) the promotion of competition and efficient
energy markets to the benefit of consumers.
(b) REPORT
TO CONGRESS.—Not earlier than 18
months after the effective date of this subtitle or later than
24 months after that effective date, the Comptroller General
shall submit a report to the Congress on the results of the
study conducted under subsection (a), including probable
†
HR 6 EAS1S/PP
causes of its findings and recommendations to the Congress
and the States for any necessary legislative changes.
SEC. 236. EFFECTIVE DATE.
This subtitle shall take effect 18 months after the date
of enactment of this subtitle.
SEC. 237. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such funds as
may be necessary to carry out this subtitle.
SEC. 238. CONFORMING AMENDMENTS TO THE FEDERAL
POWER ACT.
(a) CONFLICT OF JURISDICTION.—Section 318 of the
Federal Power Act (16 U.S.C. 825q) is repealed.
(b) DEFINITIONS.—(1) Section 201(g) of the Federal
Power Act (16 U.S.C. 824(g)) is amended by striking
‘‘1935’’ and inserting ‘‘2002’’.
(2) Section 214 of the Federal Power Act (16 U.S.C.
824m) is amended by striking ‘‘1935’’ and inserting
‘‘2002’’.
†
HR 6 EAS1S/PP
Subtitle 
C—Amendments 
to 
the
Public Utility Regulatory Poli-
cies Act of 1978
SEC. 241. REAL-TIME PRICING AND TIME-OF-USE METERING
STANDARDS.
(a) ADOPTION OF STANDARDS.—Section 111(d) of the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
2621(d)) is amended by adding at the end the following:
‘‘(11) REAL-TIME
PRICING.—(A) Each electric
utility shall, at the request of an electric consumer,
provide electric service under a real-time rate sched-
ule, under which the rate charged by the electric util-
ity varies by the hour (or smaller time interval) ac-
cording to changes in the electric utility’s wholesale
power cost. The real-time pricing service shall enable
the electric consumer to manage energy use and cost
through real-time metering and communications tech-
nology.
‘‘(B) For purposes of implementing this para-
graph, any reference contained in this section to the
date of enactment of the Public Utility Regulatory
Policies Act of 1978 shall be deemed to be a reference
to the date of enactment of this paragraph.
‘‘(C) Notwithstanding subsections (b) and (c) of
section 112, each State regulatory authority shall con-
†
HR 6 EAS1S/PP
sider and make a determination concerning whether
it is appropriate to implement the standard set out
in subparagraph (A) not later than 1 year after the
date of enactment of this paragraph.
‘‘(12) TIME-OF-USE METERING.—(A) Each elec-
tric utility shall, at the request of an electric con-
sumer, provide electric service under a time-of-use
rate schedule which enables the electric consumer to
manage energy use and cost through time-of-use me-
tering and technology.
‘‘(B) For purposes of implementing this para-
graph, any reference contained in this section to the
date of enactment of the Public Utility Regulatory
Policies Act of 1978 shall be deemed to be a reference
to the date of enactment of this paragraph.
‘‘(C) Notwithstanding subsections (b) and (c) of
section 112, each State regulatory authority shall con-
sider and make a determination concerning whether
it is appropriate to implement the standards set out
in subparagraph (A) not later than 1 year after the
date of enactment of this paragraph.’’.
(b) SPECIAL RULES.—Section 115 of the Public Util-
ity Regulatory Policies Act of 1978 (16 U.S.C. 2625) is
amended by adding at the end the following:
†
HR 6 EAS1S/PP
‘‘(i) REAL-TIME PRICING.—In a State that permits
third-party marketers to sell electric energy to retail electric
consumers, the electric consumer shall be entitled to receive
the same real-time metering and communication service as
a direct retail electric consumer of the electric utility.
‘‘(j) TIME-OF-USE METERING.—In a State that per-
mits third-party marketers to sell electric energy to retail
electric consumers, the electric consumer shall be entitled
to receive the same time-of-use metering and communica-
tion service as a direct retail electric consumer of the elec-
tric utility.’’.
SEC. 242. ADOPTION OF ADDITIONAL STANDARDS.
(a) ADOPTION OF STANDARDS.—Section 113(b) of the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
2623(b)) is amended by adding at the end the following:
‘‘(6) DISTRIBUTED GENERATION.—Each electric
utility shall provide distributed generation, combined
heat and power, and district heating and cooling sys-
tems competitive access to the local distribution grid
and competitive pricing of service, and shall use sim-
plified standard contracts for the interconnection of
generating facilities that have a power production ca-
pacity of 250 kilowatts or less.
‘‘(7) 
DISTRIBUTION
INTERCONNECTIONS.—No
electric utility may refuse to interconnect a gener-
†
HR 6 EAS1S/PP
ating facility with the distribution facilities of the
electric utility if the owner or operator of the gener-
ating facility complies with technical standards
adopted by the State regulatory authority and agrees
to pay the costs established by such State regulatory
authority.
‘‘(8) MINIMUM FUEL AND TECHNOLOGY DIVER-
SITY STANDARD.—Each electric utility shall develop a
plan to minimize dependence on one fuel source and
to ensure that the electric energy it sells to consumers
is generated using a diverse range of fuels and tech-
nologies, including renewable technologies.
‘‘(9) FOSSIL
FUEL
EFFICIENCY.—Each electric
utility shall develop and implement a ten-year plan
to increase the efficiency of its fossil fuel generation
and shall monitor and report to its State regulatory
authority excessive greenhouse gas emissions resulting
from the inefficient operation of its fossil fuel gener-
ating plants.’’.
(b) TIME FOR ADOPTING STANDARDS.—Section 113 of
the Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 2623) is further amended by adding at the end the
following:
‘‘(d) SPECIAL RULE.—For purposes of implementing
paragraphs (6), (7), (8), and (9) of subsection (b), any ref-
†
HR 6 EAS1S/PP
erence contained in this section to the date of enactment
of the Public Utility Regulatory Policies Act of 1978 shall
be deemed to be a reference to the date of enactment of this
subsection.’’.
SEC. 243. TECHNICAL ASSISTANCE.
Section 132(c) of the Public Utility Regulatory Poli-
cies Act of 1978 (16 U.S.C. 2642(c)) is amended to read
as follows:
‘‘(c) TECHNICAL ASSISTANCE FOR CERTAIN RESPON-
SIBILITIES.—The Secretary may provide such technical as-
sistance as he determines appropriate to assist State regu-
latory authorities and electric utilities in carrying out their
responsibilities under section 111(d)(11) and paragraphs
(6), (7), (8), and (9) of section 113(b).’’.
SEC. 244. COGENERATION AND SMALL POWER PRODUCTION
PURCHASE AND SALE REQUIREMENTS.
(a) TERMINATION
OF MANDATORY PURCHASE
AND
SALE REQUIREMENTS.—Section 210 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 824a–3) is
amended by adding at the end the following:
‘‘(m) TERMINATION OF MANDATORY PURCHASE AND
SALE REQUIREMENTS.—
‘‘(1) OBLIGATION TO PURCHASE.— After the date
of enactment of this subsection, no electric utility
shall be required to enter into a new contract or obli-
†
HR 6 EAS1S/PP
gation to purchase electric energy from a qualifying
cogeneration facility or a qualifying small power pro-
duction facility under this section if the Commission
finds that the qualifying cogeneration facility or
qualifying small power production facility has access
to independently administered, auction-based day
ahead and real time wholesale markets for the sale of
electric energy.
‘‘(2) OBLIGATION TO SELL.—After the date of en-
actment of this subsection, no electric utility shall be
required to enter into a new contract or obligation to
sell electric energy to a qualifying cogeneration facil-
ity or a qualifying small power production facility
under this section if competing retail electric sup-
pliers are able to provide electric energy to the quali-
fying cogeneration facility or qualifying small power
production facility.
‘‘(3) NO EFFECT ON EXISTING RIGHTS AND REM-
EDIES.—Nothing in this subsection affects the rights
or remedies of any party under any contract or obli-
gation, in effect on the date of enactment of this sub-
section, to purchase electric energy or capacity from
or to sell electric energy or capacity to a facility
under this Act (including the right to recover costs of
purchasing electric energy or capacity).
†
HR 6 EAS1S/PP
‘‘(4) RECOVERY OF COSTS.—
‘‘(A) REGULATION.—To ensure recovery by
an electric utility that purchases electric energy
or capacity from a qualifying facility pursuant
to any legally enforceable obligation entered into
or imposed under this section before the date of
enactment of this subsection, of all prudently in-
curred costs associated with the purchases, the
Commission shall issue and enforce such regula-
tions as may be required to ensure that the elec-
tric utility shall collect the prudently incurred
costs associated with such purchases.
‘‘(B) ENFORCEMENT.—A regulation under
subparagraph (A) shall be enforceable in accord-
ance with the provisions of law applicable to en-
forcement of regulations under the Federal Power
Act (16 U.S.C. 791a et seq.).’’.
(b) ELIMINATION OF OWNERSHIP LIMITATIONS.—
(1) Section 3(17)(C) of the Federal Power Act
(16 U.S.C. 796(17)(C)) is amended to read as follows:
‘‘(C) ‘qualifying small power production fa-
cility’ means a small power production facility
that the Commission determines, by rule, meets
such requirements (including requirements re-
specting minimum size, fuel use, and fuel effi-
†
HR 6 EAS1S/PP
ciency) as the Commission may, by rule, pre-
scribe.’’.
(2) Section 3(18)(B) of the Federal Power Act
(16 U.S.C. 796(18)(B)) is amended to read as follows:
‘‘(B) ‘qualifying cogeneration facility’ means a cogen-
eration facility that the Commission determines, by rule,
meets such requirements (including requirements respecting
minimum size, fuel use, and fuel efficiency) as the Commis-
sion may, by rule, prescribe.’’.
SEC. 245. NET METERING.
(a) ADOPTION OF STANDARD.—Section 111(d) of the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
2621(d)) is further amended by adding at the end the fol-
lowing:
‘‘(13) NET METERING.—(A) Each electric utility
shall make available upon request net metering serv-
ice to any electric consumer that the electric utility
serves.
‘‘(B) For purposes of implementing this para-
graph, any reference contained in this section to the
date of enactment of the Public Utility Regulatory
Policies Act of 1978 shall be deemed to be a reference
to the date of enactment of this paragraph.
‘‘(C) Notwithstanding subsections (b) and (c) of
section 112, each State regulatory authority shall con-
†
HR 6 EAS1S/PP
sider and make a determination concerning whether
it is appropriate to implement the standard set out
in subparagraph (A) not later than 1 year after the
date of enactment of this paragraph.’’.
(b) SPECIAL RULES FOR NET METERING.—Section
115 of the Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 2625) is further amended by adding at the end
the following:
‘‘(k) NET METERING.—
‘‘(1) 
RATES
AND
CHARGES.—An 
electric
utility—
‘‘(A) shall charge the owner or operator of
an on-site generating facility rates and charges
that are identical to those that would be charged
other electric consumers of the electric utility in
the same rate class; and
‘‘(B) shall not charge the owner or operator
of an on-site generating facility any additional
standby, capacity, interconnection, or other rate
or charge.
‘‘(2) MEASUREMENT.—An electric utility that
sells electric energy to the owner or operator of an on-
site generating facility shall measure the quantity of
electric energy produced by the on-site facility and the
quantity of electric energy consumed by the owner or
†
HR 6 EAS1S/PP
operator of an on-site generating facility during a
billing period in accordance with normal metering
practices.
‘‘(3) ELECTRIC
ENERGY
SUPPLIED
EXCEEDING
ELECTRIC ENERGY GENERATED.—If the quantity of
electric energy sold by the electric utility to an on-site
generating facility exceeds the quantity of electric en-
ergy supplied by the on-site generating facility to the
electric utility during the billing period, the electric
utility may bill the owner or operator for the net
quantity of electric energy sold, in accordance with
normal metering practices.
‘‘(4) ELECTRIC ENERGY GENERATED EXCEEDING
ELECTRIC ENERGY SUPPLIED.—If the quantity of elec-
tric energy supplied by the on-site generating facility
to the electric utility exceeds the quantity of electric
energy sold by the electric utility to the on-site gener-
ating facility during the billing period—
‘‘(A) the electric utility may bill the owner
or operator of the on-site generating facility for
the appropriate charges for the billing period in
accordance with paragraph (2); and
‘‘(B) the owner or operator of the on-site
generating facility shall be credited for the excess
kilowatt-hours generated during the billing pe-
†
HR 6 EAS1S/PP
riod, with the kilowatt-hour credit appearing on
the bill for the following billing period.
‘‘(5) SAFETY AND PERFORMANCE STANDARDS.—
An eligible on-site generating facility and net meter-
ing system used by an electric consumer shall meet all
applicable safety, performance, reliability, and inter-
connection standards established by the National
Electrical Code, the Institute of Electrical and Elec-
tronics Engineers, and Underwriters Laboratories.
‘‘(6) ADDITIONAL
CONTROL
AND
TESTING
RE-
QUIREMENTS.—The Commission, after consultation
with State regulatory authorities and nonregulated
electric utilities and after notice and opportunity for
comment, may adopt, by rule, additional control and
testing requirements for on-site generating facilities
and net metering systems that the Commission deter-
mines are necessary to protect public safety and sys-
tem reliability.
‘‘(7) DEFINITIONS.—For purposes of this sub-
section:
‘‘(A) The term ‘eligible on-site generating
facility’ means—
‘‘(i) a facility on the site of a residen-
tial electric consumer with a maximum gen-
erating capacity of 10 kilowatts or less that
†
HR 6 EAS1S/PP
is fueled by solar energy, wind energy, or
fuel cells; or
‘‘(ii) a facility on the site of a commer-
cial electric consumer with a maximum
generating capacity of 500 kilowatts or less
that is fueled solely by a renewable energy
resource, landfill gas, or a high efficiency
system.
‘‘(B) The term ‘renewable energy resource’
means solar, wind, biomass, or geothermal en-
ergy.
‘‘(C) The term ‘high efficiency system’
means fuel cells or combined heat and power.
‘‘(D) The term ‘net metering service’ means
service to an electric consumer under which elec-
tric energy generated by that electric consumer
from an eligible on-site generating facility and
delivered to the local distribution facilities may
be used to offset electric energy provided by the
electric utility to the electric consumer during
the applicable billing period.’’.
Subtitle D—Consumer Protections
SEC. 251. INFORMATION DISCLOSURE.
(a) OFFERS AND SOLICITATIONS.—The Federal Trade
Commission shall issue rules requiring each electric utility
†
HR 6 EAS1S/PP
that makes an offer to sell electric energy, or solicits electric
consumers to purchase electric energy to provide the electric
consumer 
a 
statement 
containing 
the 
following
information—
(1) the nature of the service being offered, includ-
ing information about interruptibility of service;
(2) the price of the electric energy, including a
description of any variable charges;
(3) a description of all other charges associated
with the service being offered, including access
charges, exit charges, back-up service charges, strand-
ed cost recovery charges, and customer service charges;
and
(4) information the Federal Trade Commission
determines is technologically and economically fea-
sible to provide, is of assistance to electric consumers
in making purchasing decisions, and concerns—
(A) the product or its price;
(B) the share of electric energy that is gen-
erated by each fuel type; and
(C) the environmental emissions produced
in generating the electric energy.
(b) PERIODIC BILLINGS.—The Federal Trade Commis-
sion shall issue rules requiring any electric utility that sells
electric energy to transmit to each of its electric consumers,
†
HR 6 EAS1S/PP
in addition to the information transmitted pursuant to sec-
tion 115(f) of the Public Utility Regulatory Policies Act of
1978 (16 U.S.C. 2625(f)), a clear and concise statement
containing the information described in subsection (a)(4)
for each billing period (unless such information is not rea-
sonably ascertainable by the electric utility).
SEC. 252. CONSUMER PRIVACY.
(a) PROHIBITION.—The Federal Trade Commission
shall issue rules prohibiting any electric utility that obtains
consumer information in connection with the sale or deliv-
ery of electric energy to an electric consumer from using,
disclosing, or permitting access to such information unless
the electric consumer to whom such information relates pro-
vides prior written approval.
(b) PERMITTED USE.—The rules issued under this sec-
tion shall not prohibit any electric utility from using, dis-
closing, or permitting access to consumer information re-
ferred to in subsection (a) for any of the following
purposes—
(1) to facilitate an electric consumer’s change in
selection of an electric utility under procedures ap-
proved by the State or State regulatory authority;
(2) to initiate, render, bill, or collect for the sale
or delivery of electric energy to electric consumers or
for related services;
†
HR 6 EAS1S/PP
(3) to protect the rights or property of the person
obtaining such information;
(4) to protect retail electric consumers from
fraud, abuse, and unlawful subscription in the sale or
delivery of electric energy to such consumers;
(5) for law enforcement purposes; or
(6) for purposes of compliance with any Federal,
State, or local law or regulation authorizing disclo-
sure of information to a Federal, State, or local agen-
cy.
(c) AGGREGATE CONSUMER INFORMATION.—The rules
issued under this subsection may permit a person to use,
disclose, and permit access to aggregate consumer informa-
tion and may require an electric utility to make such infor-
mation available to other electric utilities upon request and
payment of a reasonable fee.
(d) DEFINITIONS.—As used in this section:
(1) The term ‘‘aggregate consumer information’’
means collective data that relates to a group or cat-
egory of retail electric consumers, from which indi-
vidual consumer identities and characteristics have
been removed.
(2) The term ‘‘consumer information’’ means in-
formation that relates to the quantity, technical con-
†
HR 6 EAS1S/PP
figuration, type, destination, or amount of use of elec-
tric energy delivered to any retail electric consumer.
SEC. 253. OFFICE OF CONSUMER ADVOCACY.
(a) DEFINITIONS.—In this section:
(1) 
COMMISSION.—The 
term 
‘‘Commission’’
means the Federal Energy Regulatory Commission.
(2) ENERGY CUSTOMER.—The term ‘‘energy cus-
tomer’’ means a residential customer or a small com-
mercial customer that receives products or services
from a public utility or natural gas company under
the jurisdiction of the Commission.
(3) NATURAL GAS COMPANY.—The term ‘‘natural
gas company’’ has the meaning given the term in sec-
tion 2 of the Natural Gas Act (15 U.S.C. 717a), as
modified by section 601(a) of the Natural Gas Policy
Act of 1978 (15 U.S.C. 3431(a)).
(4) OFFICE.—The term ‘‘Office’’ means the Office
of Consumer Advocacy established by subsection
(b)(1).
(5) PUBLIC UTILITY.—The term ‘‘public utility’’
has the meaning given the term in section 201(e) of
the Federal Power Act (16 U.S.C. 824(e)).
(6) SMALL COMMERCIAL CUSTOMER.—The term
‘‘small commercial customer’’ means a commercial
†
HR 6 EAS1S/PP
customer that has a peak demand of not more than
1,000 kilowatts per hour.
(b) OFFICE.—
(1) ESTABLISHMENT.—There is established with-
in the Department of Justice the Office of Consumer
Advocacy.
(2) DIRECTOR.—The Office shall be headed by a
Director to be appointed by the President, by and
with the advice and consent of the Senate.
(3) DUTIES.—The Office may represent the in-
terests of energy customers on matters concerning
rates or service of public utilities and natural gas
companies 
under 
the 
jurisdiction 
of 
the
Commission—
(A) at hearings of the Commission;
(B) in judicial proceedings in the courts of
the United States;
(C) at hearings or proceedings of other Fed-
eral regulatory agencies and commissions.
SEC. 254. UNFAIR TRADE PRACTICES.
(a) SLAMMING.—The Federal Trade Commission shall
issue rules prohibiting the change of selection of an electric
utility except with the informed consent of the electric con-
sumer.
†
HR 6 EAS1S/PP
(b) CRAMMING.—The Federal Trade Commission shall
issue rules prohibiting the sale of goods and services to an
electric consumer unless expressly authorized by law or the
electric consumer.
SEC. 255. APPLICABLE PROCEDURES.
The Federal Trade Commission shall proceed in ac-
cordance with section 553 of title 5, United States Code,
when prescribing a rule required by this subtitle.
SEC. 256. FEDERAL TRADE COMMISSION ENFORCEMENT.
Violation of a rule issued under this subtitle shall be
treated as a violation of a rule under section 18 of the Fed-
eral Trade Commission Act (15 U.S.C. 57a) respecting un-
fair or deceptive acts or practices. All functions and powers
of the Federal Trade Commission under such Act are avail-
able to the Federal Trade Commission to enforce compliance
with this subtitle notwithstanding any jurisdictional limits
in such Act.
SEC. 257. STATE AUTHORITY.
Nothing in this subtitle shall be construed to preclude
a State or State regulatory authority from prescribing and
enforcing laws, rules, or procedures regarding the practices
which are the subject of this section.
SEC. 258. APPLICATION OF SUBTITLE.
The provisions of this subtitle apply to each electric
utility if the total sales of electric energy by such utility
†
HR 6 EAS1S/PP
for purposes other than resale exceed 500 million kilowatt-
hours per calendar year. The provisions of this subtitle do
not apply to the operations of an electric utility to the ex-
tent that such operations relate to sales of electric energy
for purposes of resale.
SEC. 259. DEFINITIONS.
As used in this subtitle:
(1) The term ‘‘aggregate consumer information’’
means collective data that relates to a group or cat-
egory of electric consumers, from which individual
consumer identities and identifying characteristics
have been removed.
(2) The term ‘‘consumer information’’ means in-
formation that relates to the quantity, technical con-
figuration, type, destination, or amount of use of elec-
tric energy delivered to an electric consumer.
(3) The terms ‘‘electric consumer’’, ‘‘electric util-
ity’’, and ‘‘State regulatory authority’’ have the
meanings given such terms in section 3 of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C.
2602).
†
HR 6 EAS1S/PP
Subtitle E—Renewable Energy and
Rural Construction Grants
SEC. 261. RENEWABLE ENERGY PRODUCTION INCENTIVE.
(a) INCENTIVE PAYMENTS.—Section 1212(a) of the
Energy Policy Act of 1992 (42 U.S.C. 13317(a)) is amended
by striking ‘‘and which satisfies’’ and all that follows
through ‘‘Secretary shall establish.’’ and inserting the fol-
lowing: ‘‘. The Secretary shall establish other procedures
necessary for efficient administration of the program. The
Secretary shall not establish any criteria or procedures that
have the effect of assigning to proposals a higher or lower
priority for eligibility or allocation of appropriated funds
on the basis of the energy source proposed.’’.
(b) QUALIFIED RENEWABLE ENERGY FACILITY.—Sec-
tion 1212(b) of the Energy Policy Act of 1992 (42 U.S.C.
13317(b)) is amended—
(1) by striking ‘‘a State or any political’’ and
all that follows through ‘‘nonprofit electrical coopera-
tive’’ and inserting the following: ‘‘a nonprofit elec-
trical cooperative, a public utility described in section
115 of such Code, a State, Commonwealth, territory,
or possession of the United States or the District of
Columbia, or a political subdivision thereof, or an In-
dian tribal government or subdivision thereof,’’; and
†
HR 6 EAS1S/PP
(2) by inserting ‘‘landfill gas, incremental hy-
dropower, ocean’’ after ‘‘wind, biomass,’’.
(c) ELIGIBILITY WINDOW.—Section 1212(c) of the En-
ergy Policy Act of 1992 (42 U.S.C. 13317(c)) is amended
by striking ‘‘during the 10-fiscal year period beginning
with the first full fiscal year occurring after the enactment
of this section’’ and inserting ‘‘before October 1, 2013’’.
(d) PAYMENT PERIOD.—Section 1212(d) of the Energy
Policy Act of 1992 (42 U.S.C. 13317(d)) is amended by in-
serting ‘‘or in which the Secretary finds that all necessary
Federal and State authorizations have been obtained to
begin construction of the facility’’ after ‘‘eligible for such
payments’’.
(e) AMOUNT OF PAYMENT.—Section 1212(e)(1) of the
Energy Policy Act of 1992 (42 U.S.C. 13317(e)(1)) is
amended by inserting ‘‘landfill gas, incremental hydro-
power, ocean’’ after ‘‘wind, biomass,’’.
(f) SUNSET.—Section 1212(f) of the Energy Policy Act
of 1992 (42 U.S.C. 13317(f)) is amended by striking ‘‘the
expiration of’’ and all that follows through ‘‘of this section’’
and inserting ‘‘September 30, 2023’’.
(g) INCREMENTAL HYDROPOWER; AUTHORIZATION OF
APPROPRIATIONS.—Section 1212 of the Energy Policy Act
of 1992 (42 U.S.C. 13317) is further amended by striking
subsection (g) and inserting the following:
†
HR 6 EAS1S/PP
‘‘(g) INCREMENTAL HYDROPOWER.—
‘‘(1) PROGRAMS.—Subject to subsection (h)(2), if
an incremental hydropower program meets the re-
quirements of this section, as determined by the Sec-
retary, the incremental hydropower program shall be
eligible to receive incentive payments under this sec-
tion.
‘‘(2) DEFINITION
OF
INCREMENTAL
HYDRO-
POWER.—In this subsection, the term ‘incremental hy-
dropower’ means additional generating capacity
achieved from increased efficiency or additions of new
capacity at a hydroelectric facility in existence on the
date of enactment of this paragraph.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN
GENERAL.—Subject to paragraph (2),
there are authorized to be appropriated such sums as
may be necessary to carry out this section for fiscal
years 2003 through 2023.
‘‘(2) LIMITATION ON FUNDS USED FOR INCRE-
MENTAL
HYDROPOWER
PROGRAMS.—Not more than
30 percent of the amounts made available under
paragraph (1) shall be used to carry out programs de-
scribed in subsection (g)(2).
†
HR 6 EAS1S/PP
‘‘(3) AVAILABILITY
OF
FUNDS.—Funds made
available under paragraph (1) shall remain available
until expended.’’.
SEC. 
262. 
ASSESSMENT 
OF 
RENEWABLE 
ENERGY 
RE-
SOURCES.
(a) RESOURCE
ASSESSMENT.—Not later than 3
months after the date of enactment of this title, and each
year thereafter, the Secretary of Energy shall review the
available assessments of renewable energy resources avail-
able within the United States, including solar, wind, bio-
mass, ocean, geothermal, and hydroelectric energy resources,
and undertake new assessments as necessary, taking into
account changes in market conditions, available tech-
nologies and other relevant factors.
(b) CONTENTS OF REPORTS.—Not later than 1 year
after the date of enactment of this title, and each year there-
after, the Secretary shall publish a report based on the as-
sessment under subsection (a). The report shall contain—
(1) a detailed inventory describing the available
amount and characteristics of the renewable energy
resources, and
(2) such other information as the Secretary of
Energy believes would be useful in developing such re-
newable energy resources, including descriptions of
surrounding terrain, population and load centers,
†
HR 6 EAS1S/PP
nearby energy infrastructure, location of energy and
water resources, and available estimates of the costs
needed to develop each resource, together with an
identification of any barriers to providing adequate
transmission for remote sources of renewable energy
resources to current and emerging markets, rec-
ommendations for removing or addressing such bar-
riers, and ways to provide access to the grid that do
not unfairly disadvantage renewable or other energy
producers.
SEC. 263. FEDERAL PURCHASE REQUIREMENT.
(a) REQUIREMENT.—The President shall seek to ensure
that, to the extent economically feasible and technically
practicable, of the total amount of electric energy the Fed-
eral Government consumes during any fiscal year—
(1) not less than 3 percent in fiscal years 2003
through 2004,
(2) not less than 5 percent in fiscal years 2005
through 2009, and
(3) not less than 7.5 percent in fiscal year 2010
and each fiscal year thereafter,
shall be renewable energy. The President shall encourage the
use of innovative purchasing practices by Federal agencies.
(b) DEFINITION.—For purposes of this section, the
term ‘‘renewable energy’’ means electric energy generated
†
HR 6 EAS1S/PP
from solar, wind, biomass, geothermal, fuel cells, municipal
solid waste, or additional hydroelectric generation capacity
achieved from increased efficiency or additions of new ca-
pacity.
(c) TRIBAL POWER GENERATION.—The President shall
seek to ensure that, to the extent economically feasible and
technically practicable, not less than one-tenth of the
amount specified in subsection (a) shall be renewable energy
that is generated by an Indian tribe or by a corporation,
partnership, or business association which is wholly or ma-
jority owned, directly or indirectly, by an Indian tribe. For
purposes of this subsection, the term ‘‘Indian tribe’’ means
any Indian tribe, band, nation, or other organized group
or community, including any Alaskan Native village or re-
gional or village corporation as defined in or established
pursuant to the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.), which is recognized as eligible for the
special programs and services provided by the United States
to Indians because of their status as Indians.
(d) BIENNIAL REPORT.—In 2004 and every 2 years
thereafter, the Secretary of Energy shall report to the Com-
mittee on Energy and Natural Resources of the Senate and
the appropriate committees of the House of Representatives
on the progress of the Federal Government in meeting the
goals established by this section.
†
HR 6 EAS1S/PP
SEC. 264. RENEWABLE PORTFOLIO STANDARD.
Title VI of the Public Utility Regulatory Policies Act
of 1978 is amended by adding at the end the following:
‘‘SEC. 606. FEDERAL RENEWABLE PORTFOLIO STANDARD.
‘‘(a) MINIMUM RENEWABLE GENERATION REQUIRE-
MENT.—For each calendar year beginning in calendar year
2005, each retail electric supplier shall submit to the Sec-
retary, not later than April 1 of the following calendar year,
renewable energy credits in an amount equal to the required
annual percentage specified in subsection (b).
‘‘(b) REQUIRED ANNUAL PERCENTAGE.—(1) For cal-
endar years 2005 through 2020, the required annual per-
centage of the retail electric supplier’s base amount that
shall be generated from renewable energy resources shall be
the percentage specified in the following table:
Required annual
‘‘Calendar Years
percentage
2005 through 2006 .....................................................................
1.0
2007 through 2008 .....................................................................
2.2
2009 through 2010 .....................................................................
3.4
2011 through 2012 .....................................................................
4.6
2013 through 2014 .....................................................................
5.8
2015 through 2016 .....................................................................
7.0
2017 through 2018 .....................................................................
8.5
2019 through 2020 .....................................................................
10.0.
‘‘(2) Not later than January 1, 2015, the Secretary
may, by rule, establish required annual percentages in
amounts not less than 10.0 for calendar years 2020 through
2030.
†
HR 6 EAS1S/PP
‘‘(c) SUBMISSION OF CREDITS.—(1) A retail electric
supplier may satisfy the requirements of subsection (a)
through the submission of renewable energy credits—
‘‘(A) issued to the retail electric supplier under
subsection (d);
‘‘(B) obtained by purchase or exchange under
subsection (e); or
‘‘(C) borrowed under subsection (f).
‘‘(2) A credit may be counted toward compliance with
subsection (a) only once.
‘‘(d) ISSUANCE OF CREDITS.—(1) The Secretary shall
establish, not later than 1 year after the date of enactment
of this section, a program to issue, monitor the sale or ex-
change of, and track renewable energy credits.
‘‘(2) Under the program, an entity that generates elec-
tric energy through the use of a renewable energy resource
may apply to the Secretary for the issuance of renewable
energy credits. The application shall indicate—
‘‘(A) the type of renewable energy resource used
to produce the electricity,
‘‘(B) the location where the electric energy was
produced, and
‘‘(C) any other information the Secretary deter-
mines appropriate.
†
HR 6 EAS1S/PP
‘‘(3)(A) Except as provided in paragraphs (B), (C),
and (D), the Secretary shall issue to an entity one renew-
able energy credit for each kilowatt-hour of electric energy
the entity generates from the date of enactment of this sec-
tion and in each subsequent calendar year through the use
of a renewable energy resource at an eligible facility.
‘‘(B) For incremental hydropower the credits shall be
calculated based on the expected increase in average annual
generation resulting from the efficiency improvements or
capacity additions. The number of credits shall be cal-
culated using the same water flow information used to de-
termine a historic average annual generation baseline for
the hydroelectric facility and certified by the Secretary or
the Federal Energy Regulatory Commission. The calcula-
tion of the credits for incremental hydropower shall not be
based on any operational changes at the hydroelectric facil-
ity not directly associated with the efficiency improvements
or capacity additions.
‘‘(C) The Secretary shall issue two renewable energy
credits for each kilowatt-hour of electric energy generated
and supplied to the grid in that calendar year through the
use of a renewable energy resource at an eligible facility
located on Indian land. For purposes of this paragraph,
renewable energy generated by biomass cofired with other
†
HR 6 EAS1S/PP
fuels is eligible for two credits only if the biomass was
grown on the land eligible under this paragraph.
‘‘(D) For renewable energy resources produced from a
generation offset, the Secretary shall issue two renewable
energy credits for each kilowatt-hour generated.
‘‘(E) To be eligible for a renewable energy credit, the
unit of electric energy generated through the use of a renew-
able energy resource may be sold or may be used by the
generator. If both a renewable energy resource and a non-
renewable energy resource are used to generate the electric
energy, the Secretary shall issue credits based on the propor-
tion of the renewable energy resource used. The Secretary
shall identify renewable energy credits by type and date of
generation.
‘‘(5) When a generator sells electric energy generated
through the use of a renewable energy resource to a retail
electric supplier under a contract subject to section 210 of
this Act, the retail electric supplier is treated as the gener-
ator of the electric energy for the purposes of this section
for the duration of the contract.
‘‘(6) The Secretary may issue credits for existing facil-
ity offsets to be applied against a retail electric supplier’s
own required annual percentage. The credits are not
tradeable and may only be used in the calendar year gen-
eration actually occurs.
†
HR 6 EAS1S/PP
‘‘(e) CREDIT TRADING.—A renewable energy credit
may be sold or exchanged by the entity to whom issued or
by any other entity who acquires the credit. A renewable
energy credit for any year that is not used to satisfy the
minimum renewable generation requirement of subsection
(a) for that year may be carried forward for use within
the next 4 years.
‘‘(f) CREDIT BORROWING.—At any time before the end
of calendar year 2005, a retail electric supplier that has
reason to believe it will not have sufficient renewable energy
credits to comply with subsection (a) may—
‘‘(1) submit a plan to the Secretary dem-
onstrating that the retail electric supplier will earn
sufficient credits within the next 3 calendar years
which, when taken into account, will enable the retail
electric supplier’s to meet the requirements of sub-
section (a) for calendar year 2005 and the subsequent
calendar years involved; and
‘‘(2) upon the approval of the plan by the Sec-
retary, apply credits that the plan demonstrates will
be earned within the next 3 calendar years to meet
the requirements of subsection (a) for each calendar
year involved.
‘‘(g) CREDIT COST CAP.—The Secretary shall offer re-
newable energy credits for sale at the lesser of 3 cents per
†
HR 6 EAS1S/PP
kilowatt-hour or 200 percent of the average market value
of credits for the applicable compliance period. On January
1 of each year following calendar year 2005, the Secretary
shall adjust for inflation the price charged per credit for
such calendar year, based on the Gross Domestic Product
Implicit Price Deflator.
‘‘(h) ENFORCEMENT.—The Secretary may bring an ac-
tion in the appropriate United States district court to im-
pose a civil penalty on a retail electric supplier that does
not comply with subsection (a), unless the retail electric
supplier was unable to comply with subsection (a) for rea-
sons outside of the supplier’s reasonable control (including
weather-related damage, mechanical failure, lack of trans-
mission capacity or availability, strikes, lockouts, actions
of a governmental authority). A retail electric supplier who
does not submit the required number of renewable energy
credits under subsection (a) shall be subject to a civil pen-
alty of not more than the greater of 3 cents or 200 percent
of the average market value of credits for the compliance
period for each renewable energy credit not submitted.
‘‘(i) INFORMATION COLLECTION.—The Secretary may
collect the information necessary to verify and audit—
‘‘(1) the annual electric energy generation and
renewable energy generation of any entity applying
for renewable energy credits under this section,
†
HR 6 EAS1S/PP
‘‘(2) the validity of renewable energy credits sub-
mitted by a retail electric supplier to the Secretary,
and
‘‘(3) the quantity of electricity sales of all retail
electric suppliers.
‘‘(j) ENVIRONMENTAL SAVINGS CLAUSE.—Incremental
hydropower shall be subject to all applicable environmental
laws and licensing and regulatory requirements.
‘‘(k) STATE SAVINGS CLAUSE.—This section does not
preclude a State from requiring additional renewable en-
ergy generation in that State, or from specifying technology
mix.
‘‘(l) DEFINITIONS.—For purposes of this section:
‘‘(1) BIOMASS.—The term ‘biomass’ means any
organic material that is available on a renewable or
recurring basis, including dedicated energy crops,
trees grown for energy production, wood waste and
wood residues, plants (including aquatic plants,
grasses, and agricultural crops), residues, fibers, ani-
mal wastes and other organic waste materials, and
fats and oils, except that with respect to material re-
moved from National Forest System lands the term
includes only organic material from—
‘‘(A) thinnings from trees that are less than
12 inches in diameter;
†
HR 6 EAS1S/PP
‘‘(B) slash;
‘‘(C) brush; and
‘‘(D) mill residues.
‘‘(2) ELIGIBLE FACILITY.—The term ‘eligible fa-
cility’ means—
‘‘(A) a facility for the generation of electric
energy from a renewable energy resource that is
placed in service on or after the date of enact-
ment of this section; or
‘‘(B) a repowering or cofiring increment
that is placed in service on or after the date of
enactment of this section at a facility for the
generation of electric energy from a renewable
energy resource that was placed in service before
that date.
‘‘(3) 
ELIGIBLE
RENEWABLE
ENERGY
RE-
SOURCE.—The term ‘renewable energy resource’
means solar, wind, ocean, or geothermal energy, bio-
mass (excluding solid waste and paper that is com-
monly recycled), landfill gas, a generation offset, or
incremental hydropower.
‘‘(4) GENERATION OFFSET.—The term ‘genera-
tion offset’ means reduced electricity usage metered at
a site where a customer consumes energy from a re-
newable energy technology.
†
HR 6 EAS1S/PP
‘‘(5) EXISTING FACILITY OFFSET.—The term ‘ex-
isting facility offset’ means renewable energy gen-
erated from an existing facility, not classified as an
eligible facility, that is owned or under contract to a
retail electric supplier on the date of enactment of
this section.
‘‘(6) INCREMENTAL
HYDROPOWER.—The term
‘incremental hydropower’ means additional genera-
tion that is achieved from increased efficiency or ad-
ditions of capacity after the date of enactment of this
section at a hydroelectric dam that was placed in
service before that date.
‘‘(7) INDIAN
LAND.—The term ‘Indian land’
means—
‘‘(A) any land within the limits of any In-
dian reservation, pueblo, or rancheria,
‘‘(B) any land not within the limits of any
Indian reservation, pueblo, or rancheria title to
which was on the date of enactment of this para-
graph either held by the United States for the
benefit of any Indian tribe or individual or held
by any Indian tribe or individual subject to re-
striction by the United States against alienation,
‘‘(C) any dependent Indian community,
and
†
HR 6 EAS1S/PP
‘‘(D) any land conveyed to any Alaska Na-
tive corporation under the Alaska Native Claims
Settlement Act.
‘‘(8) INDIAN
TRIBE.—The term ‘Indian tribe’
means any Indian tribe, band, nation, or other orga-
nized group or community, including any Alaskan
Native village or regional or village corporation as
defined in or established pursuant to the Alaska Na-
tive Claims Settlement Act (43 U.S.C. 1601 et seq.),
which is recognized as eligible for the special pro-
grams and services provided by the United States to
Indians because of their status as Indians.
‘‘(9) RENEWABLE ENERGY.—The term ‘renewable
energy’ means electric energy generated by a renew-
able energy resource.
‘‘(10) RENEWABLE
ENERGY
RESOURCE.—The
term ‘renewable energy resource’ means solar, wind,
ocean, or geothermal energy, biomass (including mu-
nicipal solid waste), landfill gas, a generation offset,
or incremental hydropower.
‘‘(11) REPOWERING OR COFIRING INCREMENT.—
The term ‘repowering or cofiring increment’ means
the additional generation from a modification that is
placed in service on or after the date of enactment of
this section to expand electricity production at a fa-
†
HR 6 EAS1S/PP
cility used to generate electric energy from a renew-
able energy resource or to cofire biomass that was
placed in service before the date of enactment of this
section, or the additional generation above the average
generation in the 3 years preceding the date of enact-
ment of this section, to expand electricity production
at a facility used to generate electric energy from a
renewable energy resource or to cofire biomass that
was placed in service before the date of enactment of
this section.
‘‘(12) RETAIL ELECTRIC SUPPLIER.—The term
‘retail electric supplier’ means a person that sells elec-
tric energy to electric consumers and sold not less
than 1,000,000 megawatt-hours of electric energy to
electric consumers for purposes other than resale dur-
ing the preceding calendar year; except that such
term does not include the United States, a State or
any political subdivision of a State, or any agency,
authority, or instrumentality of any one or more of
the foregoing, or a rural electric cooperative.
‘‘(13) 
RETAIL
ELECTRIC
SUPPLIER’S
BASE
AMOUNT.—The term ‘retail electric supplier’s base
amount’ means the total amount of electric energy
sold by the retail electric supplier to electric customers
during the most recent calendar year for which infor-
†
HR 6 EAS1S/PP
mation is available, excluding electric energy gen-
erated by—
‘‘(A) an eligible renewable energy resource;
‘‘(B) municipal solid waste; or
‘‘(C) a hydroelectric facility.
‘‘(m) SUNSET.—This section expires December 31,
2030.’’.
SEC. 265. RENEWABLE ENERGY ON FEDERAL LAND.
(a) COST-SHARE DEMONSTRATION PROGRAM.—With-
in 12 months after the date of enactment of this section,
the Secretaries of the Interior, Agriculture, and Energy
shall develop guidelines for a cost-share demonstration pro-
gram for the development of wind and solar energy facilities
on Federal land.
(b) DEFINITION OF FEDERAL LAND.—As used in this
section, the term ‘‘Federal land’’ means land owned by the
United States that is subject to the operation of the mineral
leasing laws; and is either—
(1) public land as defined in section 103(e) of
the Federal Land Policy and Management Act of
1976 (42 U.S.C. 1702(e)); or
(2) a unit of the National Forest System as that
term is used in section 11(a) of the Forest and Range-
land Renewable Resources Planning Act of 1974 (16
U.S.C. 1609(a)).
†
HR 6 EAS1S/PP
(c) RIGHTS-OF-WAY.—The demonstration program
shall provide for the issuance of rights-of-way pursuant to
the provisions of title V of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1761 et seq.) by the
Secretary of the Interior with respect to Federal land under
the jurisdiction of the Department of the Interior, and by
the Secretary of Agriculture with respect to Federal lands
under the jurisdiction of the Department of Agriculture.
(d) AVAILABLE SITES.—For purposes of this dem-
onstration program, the issuance of rights-of-way shall be
limited to areas—
(1) of high energy potential for wind or solar de-
velopment;
(2) that have been identified by the wind or solar
energy industry, through a process of nomination, ap-
plication, or otherwise, as being of particular interest
to one or both industries;
(3) that are not located within roadless areas;
(4) where operation of wind or solar facilities
would be compatible with the scenic, recreational, en-
vironmental, cultural, or historic values of the Fed-
eral land, and would not require the construction of
new roads for the siting of lines or other transmission
facilities; and
†
HR 6 EAS1S/PP
(5) where issuance of the right-of-way is con-
sistent with the land and resource management plans
of the relevant land management agencies.
(e) COST-SHARE PAYMENTS BY DOE.—The Secretary
of Energy, in cooperation with the Secretary of the Interior
with respect to Federal land under the jurisdiction of the
Department of the Interior, and the Secretary of Agri-
culture with respect to Federal land under the jurisdiction
of the Department of Agriculture, shall determine if the por-
tion of a project on Federal land is eligible for financial
assistance pursuant to this section. Only those projects that
are consistent with the requirements of this section and fur-
ther the purposes of this section shall be eligible. In the event
a project is selected for financial assistance, the Secretary
of Energy shall provide no more than 15 percent of the costs
of the project on the Federal land, and the remainder of
the costs shall be paid by non-Federal sources.
(f) REVISION OF LAND USE PLANS.—The Secretary of
the Interior shall consider development of wind and solar
energy, as appropriate, in revisions of land use plans under
section 202 of the Federal Land Policy and Management
Act of 1976 (42 U.S.C. 1712); and the Secretary of Agri-
culture shall consider development of wind and solar en-
ergy, as appropriate, in revisions of land and resource
management plans under section 5 of the Forest and Range-