470 
section 170 of that Act is not greater as a re-
sult of the enactment of this section. 
(3) APPLICABILITY
OF
PROVISION.—Section 
553 of title 5, United States Code, shall apply with 
respect to the promulgation of regulations under this 
subsection. 
(4) EFFECT
OF
SUBSECTION.—The authority 
provided under this subsection is in addition to, and 
does not impair or otherwise affect, any other au-
thority of the Secretary or the Commission to pre-
scribe regulations. 
(m) EFFECTIVE DATE.—This section takes effect on 
the date of enactment of this Act. 
TITLE VIII—MISCELLANEOUS 
SEC. 801. STUDY OF THE EFFECT OF PRIVATE WIRE LAWS 
ON THE DEVELOPMENT OF COMBINED HEAT 
AND POWER FACILITIES. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretary, in consulta-
tion with the States and other appropriate entities, 
shall conduct a study of the laws (including regula-
tions) affecting the siting of privately owned electric 
distribution wires on and across public rights-of-way. 
(2) REQUIREMENTS.—The study under para-
graph (1) shall include— 
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(A) an evaluation of— 
(i) the purposes of the laws; and 
(ii) the effect the laws have on the de-
velopment of combined heat and power fa-
cilities; 
(B) a determination of whether a change 
in the laws would have any operating, reli-
ability, cost, or other impacts on electric utili-
ties and the customers of the electric utilities; 
and 
(C) an assessment of— 
(i) whether privately owned electric 
distribution wires would result in duplica-
tive facilities; and 
(ii) whether duplicative facilities are 
necessary or desirable. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall submit to 
Congress a report that describes the results of the study 
conducted under subsection (a). 
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472 
TITLE IX—RENEWABLE 
PORTFOLIO STANDARD 
SEC. 901. RENEWABLE PORTFOLIO STANDARD. 
(a) IN GENERAL.—Title VI of the Public Utility Reg-
ulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 610. FEDERAL RENEWABLE PORTFOLIO STANDARD. 
‘‘(a) RENEWABLE ENERGY REQUIREMENT.— 
‘‘(1) IN GENERAL.—Each retail electric supplier 
that sells electricity to electric consumers shall ob-
tain a percentage of the base amount of electricity 
it sells to electric consumers in any calendar year 
from new renewable energy or existing renewable en-
ergy. The percentage obtained in a calendar year 
shall not be less than the amount specified in the 
following table: 
‘‘Calendar years 
Minimum annual 
percentage 
2010 through 2012 ................................................
3.75 
2013 through 2016 ................................................
7.50 
2017 through 2019 ................................................
11.25 
2020 through 2030 ................................................
15.0 
‘‘(2) MEANS OF COMPLIANCE.—An electric util-
ity shall meet the requirements of paragraph (1) 
by— 
‘‘(A) submitting to the Secretary renewable 
energy credits issued under subsection (b); 
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‘‘(B) making alternative compliance pay-
ments to the Secretary at the rate of 2 cents 
per kilowatt hour (as adjusted for inflation 
under subsection (g)); or 
‘‘(C) a combination of activities described 
in subparagraphs (A) and (B). 
‘‘(3) SPECIAL RULE.—Nothing in this section 
authorizes or requires the Tennessee Valley Author-
ity to make any capital expenditure on new gener-
ating capacity, except to the extent that budget au-
thority for the expenditure is provided in advance in 
an appropriations Act. 
‘‘(b) FEDERAL RENEWABLE ENERGY CREDIT TRAD-
ING PROGRAM.— 
‘‘(1) IN
GENERAL.—Not later than July 1, 
2009, the Secretary shall establish a Federal renew-
able energy credit trading program under which elec-
tric utilities shall submit to the Secretary renewable 
energy credits to certify the compliance of the elec-
tric utilities with respect to obligations under sub-
section (a)(1). 
‘‘(2) ADMINISTRATION.—As part of the pro-
gram, the Secretary shall— 
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‘‘(A) issue tradeable renewable energy 
credits to generators of electric energy from 
new renewable energy; 
‘‘(B) issue nontradeable renewable energy 
credits to generators of electric energy from ex-
isting renewable energy; 
‘‘(C) issue renewable energy credits to elec-
tric utilities associated with State renewable 
portfolio standard compliance mechanisms pur-
suant to subsection (h); 
‘‘(D) ensure that a kilowatt hour, including 
the associated renewable energy credit, shall be 
used only once for purposes of compliance with 
this Act; 
‘‘(E) allow double credits for generation 
from facilities on Indian land, and triple credits 
for generation from small renewable distributed 
generators (meaning those no larger than 1 
megawatt); and 
‘‘(F) ensure that, with respect to a pur-
chaser that, as of the date of enactment of this 
section, has a purchase agreement from a re-
newable energy facility placed in service before 
that date, the credit associated with the genera-
tion of renewable energy under the contract is 
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