I 
109TH CONGRESS 
1ST SESSION H. R. 1127 
To reauthorize the renewable energy production incentive and to provide 
that a qualified renewable energy facility shall not be assigned a priority 
for eligibility or allocation of appropriated funds on the basis of the 
energy source used at such facility. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 3, 2005 
Mr. TERRY (for himself, Mr. PETERSON of Minnesota, Mr. FORTENBERRY, 
and Mr. OSBORNE) introduced the following bill; which was referred to 
the Committee on Energy and Commerce 
A BILL 
To reauthorize the renewable energy production incentive 
and to provide that a qualified renewable energy facility 
shall not be assigned a priority for eligibility or allocation 
of appropriated funds on the basis of the energy source 
used at such facility. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Renewable Energy 
Production Incentive Reform and Reauthorization Act’’.
SEC. 2. 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 to read as follows: 
‘‘(a) INCENTIVE PAYMENTS.— 
‘‘(1) SECRETARY OF ENERGY.—For electric en-
ergy generated from solar, wind, or geothermal en-
ergy and sold by a qualified renewable energy facility 
during the incentive period, the Secretary of Energy 
shall make, subject to the availability of appropria-
tions, incentive payments to the owner or operator 
of such facility. 
‘‘(2) SECRETARY OF AGRICULTURE.—For elec-
tric energy generated from biomass and sold by a 
qualified renewable energy facility during the incen-
tive period, unless the electric energy is generated 
from heat derived from landfill gases, the Secretary 
of Agriculture shall make, subject to the availability 
of appropriations, incentive payments to the owner 
or operator of such facility. 
‘‘(3) ADMINISTRATOR OF THE ENVIRONMENTAL 
PROTECTION
AGENCY.—For electric energy gen-
erated from heat derived from landfill gases and sold 
by a qualified renewable energy facility during the 
incentive period, the Administrator of the Environ-
mental Protection Agency shall make, subject to the
availability of appropriations, incentive payments to 
the owner or operator of such facility. 
‘‘(4) PAYMENTS.—The amount of the payment 
made to any owner or operator under this section 
shall be as determined under subsection (e). Pay-
ments under this section may only be made upon re-
ceipt by the Secretary of Energy, the Secretary of 
Agriculture, or the Administrator of the Environ-
mental Protection Agency, as applicable, of an in-
centive payment application which establishes that 
the applicant is eligible to receive such payment. 
‘‘(5) ASSIGNMENT
OF
PRIORITY.—The Sec-
retary of Energy, the Secretary of Agriculture, and 
the Administrator of the Environmental Protection 
Agency shall not establish any criteria or procedures 
that have the effect of assigning to a qualified re-
newable energy facility that is eligible for payments 
under this section a higher or lower priority for eligi-
bility or allocation of payments on the basis of the 
energy source used at such facility.’’. 
(b) ELIGIBILITY WINDOW.—Section 1212(c) of the 
Energy Policy Act of 1992 (42 U.S.C. 13317(c)) is 
amended by striking ‘‘during the 10-fiscal’’ and all that 
follows through ‘‘enactment of this section’’ and inserting 
‘‘before October 1, 2016’’.