TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Ocean Acidification Research 
And Monitoring Act of 2009'' or the ``FOARAM Act''.

SEC. 2. PURPOSES.

    (a) Purposes.--The purposes of this Act are to provide for--
            (1) development and coordination of a comprehensive 
        interagency plan to--
                    (A) monitor and conduct research on the processes 
                and consequences of ocean acidification on marine 
                organisms and ecosystems; and
                    (B) establish an interagency research and 
                monitoring program on ocean acidification;
            (2) establishment of an ocean acidification program within 
        the National Oceanic and Atmospheric Administration;
            (3) assessment and consideration of regional and national 
        ecosystem and socioeconomic impacts of increased ocean 
        acidification; and
            (4) research adaptation strategies and techniques for 
        effectively conserving marine ecosystems as they cope with 
        increased ocean acidification.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Ocean acidification.--The term ``ocean acidification'' 
        means the decrease in pH of the Earth's oceans and changes in 
        ocean chemistry caused by chemical inputs from the atmosphere, 
        including carbon dioxide.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce, acting through the Administrator of the National 
        Oceanic and Atmospheric Administration.
            (3) Subcommittee.--The term ``Subcommittee'' means the 
        Joint Subcommittee on Ocean Science and Technology of the 
        National Science and Technology Council.

SEC. 4. INTERAGENCY SUBCOMMITTEE.

    (a) Designation.--
            (1) In general.--The Joint Subcommittee on Ocean Science 
        and Technology of the National Science and Technology Council 
        shall coordinate Federal activities on ocean acidification and 
        establish an interagency working group.
            (2) Membership.--The interagency working group on ocean 
        acidification shall be comprised of senior representatives from 
        the National Oceanic and Atmospheric Administration, the 
        National Science Foundation, the National Aeronautics and Space 
        Administration, the United States Geological Survey, the United 
        States Fish and Wildlife Service, and such other Federal 
        agencies as appropriate.
            (3) Chairman.--The interagency working group shall be 
        chaired by the representative from the National Oceanic and 
        Atmospheric Administration.
    (b) Duties.--The Subcommittee shall--
            (1) develop the strategic research and monitoring plan to 
        guide Federal research on ocean acidification required under 
        section 5 of this Act and oversee the implementation of the 
        plan;
            (2) oversee the development of--
                    (A) an assessment of the potential impacts of ocean 
                acidification on marine organisms and marine 
                ecosystems; and
                    (B) adaptation and mitigation strategies to 
                conserve marine organisms and ecosystems exposed to 
                ocean acidification;
            (3) facilitate communication and outreach opportunities 
        with nongovernmental organizations and members of the 
        stakeholder community with interests in marine resources;
            (4) coordinate the United States Federal research and 
        monitoring program with research and monitoring programs and 
        scientists from other nations; and
            (5) establish or designate an Ocean Acidification 
        Information Exchange to make information on ocean acidification 
        developed through or utilized by the interagency ocean 
        acidification program accessible through electronic means, 
        including information which would be useful to policymakers, 
        researchers, and other stakeholders in mitigating or adapting 
        to the impacts of ocean acidification.
    (c) Reports to Congress.--
            (1) Initial report.--Not later than 1 year after the date 
        of enactment of this Act, the Subcommittee shall transmit a 
        report to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Science and 
        Technology and the Committee on Natural Resources of the House 
        of Representatives that--
                    (A) includes a summary of federally funded ocean 
                acidification research and monitoring activities, 
                including the budget for each of these activities; and
                    (B) describes the progress in developing the plan 
                required under section 5 of this Act.
            (2) Biennial report.--Not later than 2 years after the 
        delivery of the initial report under paragraph (1) and every 2 
        years thereafter, the Subcommittee shall transmit a report to 
        the Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Science and Technology and the 
        Committee on Natural Resources of the House of Representatives 
        that includes--
                    (A) a summary of federally funded ocean 
                acidification research and monitoring activities, 
                including the budget for each of these activities; and
                    (B) an analysis of the progress made toward 
                achieving the goals and priorities for the interagency 
                research plan developed by the Subcommittee under 
                section 5.
            (3) Strategic research plan.--Not later than 2 years after 
        the date of enactment of this Act, the Subcommittee shall 
        transmit the strategic research plan developed under section 5 
        to the Committee on Commerce, Science, and Transportation of 
        the Senate and the Committee on Science and Technology and the 
        Committee on Natural Resources of the House of Representatives. 
        A revised plan shall be submitted at least once every 5 years 
        thereafter.

SEC. 5. STRATEGIC RESEARCH PLAN.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Subcommittee shall develop a strategic plan for 
Federal research and monitoring on ocean acidification that will 
provide for an assessment of the impacts of ocean acidification on 
marine organisms and marine ecosystems and the development of 
adaptation and mitigation strategies to conserve marine organisms and 
marine ecosystems. In developing the plan, the Subcommittee shall 
consider and use information, reports, and studies of ocean 
acidification that have identified research and monitoring needed to 
better understand ocean acidification and its potential impacts, and 
recommendations made by the National Academy of Sciences in the review 
of the plan required under subsection (d).
    (b) Contents of the Plan.--The plan shall--
            (1) provide for interdisciplinary research among the ocean 
        sciences, and coordinated research and activities to improve 
        the understanding of ocean chemistry that will affect marine 
        ecosystems;
            (2) establish, for the 10-year period beginning in the year 
        the plan is submitted, the goals and priorities for Federal 
        research and monitoring which will--
                    (A) advance understanding of ocean acidification 
                and its physical, chemical, and biological impacts on 
                marine organisms and marine ecosystems;
                    (B) improve the ability to assess the socioeconomic 
                impacts of ocean acidification; and
                    (C) provide information for the development of 
                adaptation and mitigation strategies to conserve marine 
                organisms and marine ecosystems;
            (3) describe specific activities, including--
                    (A) efforts to determine user needs;
                    (B) research activities;
                    (C) monitoring activities;
                    (D) technology and methods development;
                    (E) data collection;
                    (F) database development;
                    (G) modeling activities;
                    (H) assessment of ocean acidification impacts; and
                    (I) participation in international research 
                efforts;
            (4) identify relevant programs and activities of the 
        Federal agencies that contribute to the interagency program 
        directly and indirectly and set forth the role of each Federal 
        agency in implementing the plan;
            (5) consider and utilize, as appropriate, reports and 
        studies conducted by Federal agencies, the National Research 
        Council, or other entities;
            (6) make recommendations for the coordination of the ocean 
        acidification research and monitoring activities of the United 
        States with such activities of other nations and international 
        organizations;
            (7) outline budget requirements for Federal ocean 
        acidification research and monitoring and assessment activities 
        to be conducted by each agency under the plan;
            (8) identify the monitoring systems and sampling programs 
        currently employed in collecting data relevant to ocean 
        acidification and prioritize additional monitoring systems that 
        may be needed to ensure adequate data collection and monitoring 
        of ocean acidification and its impacts; and
            (9) describe specific activities designed to facilitate 
        outreach and data and information exchange with stakeholder 
        communities.
    (c) Program Elements.--The plan shall include at a minimum the 
following program elements:
            (1) Monitoring of ocean chemistry and biological impacts 
        associated with ocean acidification at selected coastal and 
        open-ocean monitoring stations, including satellite-based 
        monitoring to characterize--
                    (A) marine ecosystems;
                    (B) changes in marine productivity; and
                    (C) changes in surface ocean chemistry.
            (2) Research to understand the species specific 
        physiological responses of marine organisms to ocean 
        acidification, impacts on marine food webs of ocean 
        acidification, and to develop environmental and ecological 
        indices that track marine ecosystem responses to ocean 
        acidification.
            (3) Modeling to predict changes in the ocean carbon cycle 
        as a function of carbon dioxide and atmosphere-induced changes 
        in temperature, ocean circulation, biogeochemistry, ecosystem 
        and terrestrial input, and modeling to determine impacts on 
        marine ecosystems and individual marine organisms.
            (4) Technology development and standardization of carbonate 
        chemistry measurements on moorings and autonomous floats.
            (5) Assessment of socioeconomic impacts of ocean 
        acidification and development of adaptation and mitigation 
        strategies to conserve marine organisms and marine ecosystems.
    (d) National Academy of Sciences Evaluation.--The Secretary shall 
enter into an agreement with the National Academy of Sciences to review 
the plan.
    (e) Public Participation.--In developing the plan, the Subcommittee 
shall consult with representatives of academic, State, industry and 
environmental groups. Not later than 90 days before the plan, or any 
revision thereof, is submitted to the Congress, the plan shall be 
published in the Federal Register for a public comment period of not 
less than 60 days.

SEC. 6. NOAA OCEAN ACIDIFICATION ACTIVITIES.

    (a) In General.--The Secretary shall establish and maintain an 
ocean acidification program within the National Oceanic and Atmospheric 
Administration to conduct research, monitoring, and other activities 
consistent with the strategic research and implementation plan 
developed by the Subcommittee under section 5 that--
            (1) includes--
                    (A) interdisciplinary research among the ocean and 
                atmospheric sciences, and coordinated research and 
                activities to improve understanding of ocean 
                acidification;
                    (B) the establishment of a long-term monitoring 
                program of ocean acidification utilizing existing 
                global and national ocean observing assets, and adding 
                instrumentation and sampling stations as appropriate to 
                the aims of the research program;
                    (C) research to identify and develop adaptation 
                strategies and techniques for effectively conserving 
                marine ecosystems as they cope with increased ocean 
                acidification;
                    (D) as an integral part of the research programs 
                described in this Act, educational opportunities that 
                encourage an interdisciplinary and international 
                approach to exploring the impacts of ocean 
                acidification;
                    (E) as an integral part of the research programs 
                described in this Act, national public outreach 
                activities to improve the understanding of current 
                scientific knowledge of ocean acidification and its 
                impacts on marine resources; and
                    (F) coordination of ocean acidification monitoring 
                and impacts research with other appropriate 
                international ocean science bodies such as the 
                International Oceanographic Commission, the 
                International Council for the Exploration of the Sea, 
                the North Pacific Marine Science Organization, and 
                others;
            (2) provides grants for critical research projects that 
        explore the effects of ocean acidification on ecosystems and 
        the socioeconomic impacts of increased ocean acidification that 
        are relevant to the goals and priorities of the strategic 
        research plan; and
            (3) incorporates a competitive merit-based process for 
        awarding grants that may be conducted jointly with other 
        participating agencies or under the National Oceanographic 
        Partnership Program under section 7901 of title 10, United 
        States Code.
    (b) Additional Authority.--In conducting the Program, the Secretary 
may enter into and perform such contracts, leases, grants, or 
cooperative agreements as may be necessary to carry out the purposes of 
this Act on such terms as the Secretary considers appropriate.

SEC. 7. NSF OCEAN ACIDIFICATION ACTIVITIES.

    (a) Research Activities.--The Director of the National Science 
Foundation shall continue to carry out research activities on ocean 
acidification which shall support competitive, merit-based, peer-
reviewed proposals for research and monitoring of ocean acidification 
and its impacts, including--
            (1) impacts on marine organisms and marine ecosystems;
            (2) impacts on ocean, coastal, and estuarine 
        biogeochemistry; and
            (3) the development of methodologies and technologies to 
        evaluate ocean acidification and its impacts.
    (b) Consistency.--The research activities shall be consistent with 
the strategic research plan developed by the Subcommittee under section 
5.
    (c) Coordination.--The Director shall encourage coordination of the 
Foundation's ocean acidification activities with such activities of 
other nations and international organizations.

SEC. 8. NASA OCEAN ACIDIFICATION ACTIVITIES.

    (a) Ocean Acidification Activities.--The Administrator of the 
National Aeronautics and Space Administration, in coordination with 
other relevant agencies, shall ensure that space-based monitoring 
assets are used in as productive a manner as possible for monitoring of 
ocean acidification and its impacts.
    (b) Program Consistency.--The Administrator shall ensure that the 
Agency's research and monitoring activities on ocean acidification are 
carried out in a manner consistent with the strategic research plan 
developed by the Subcommittee under section 5.
    (c) Coordination.--The Administrator shall encourage coordination 
of the Agency's ocean acidification activities with such activities of 
other nations and international organizations.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) NOAA.--There are authorized to be appropriated to the National 
Oceanic and Atmospheric Administration to carry out the purposes of 
this Act--
            (1) $8,000,000 for fiscal year 2009;
            (2) $12,000,000 for fiscal year 2010;
            (3) $15,000,000 for fiscal year 2011; and
            (4) $20,000,000 for fiscal year 2012.
    (b) NSF.--There are authorized to be appropriated to the National 
Science Foundation to carry out the purposes of this Act--
            (1) $6,000,000 for fiscal year 2009;
            (2) $8,000,000 for fiscal year 2010;
            (3) $12,000,000 for fiscal year 2011; and
            (4) $15,000,000 for fiscal year 2012.

SOLUTION: Federal Ocean Acidification Research And Monitoring Act of 2009 or FOARAM Act - Defines "ocean acidification," for this Act, as the decrease in pH of the Earth's oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere, including carbon dioxide.

Requires that the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council coordinate federal activities on ocean acidification and establish an interagency working group.

Requires the Subcommittee to develop a strategic plan for federal ocean acidification research and monitoring that provides, among other things, for the development of adaptation and mitigation strategies. Directs the Secretary of Commerce, through the National Oceanic and Atmospheric Administration (NOAA), to enter into an agreement with the National Academy of Sciences (NAS) to review the plan.

Directs the Secretary to establish and maintain an ocean acidification program in NOAA to conduct research, monitoring, and other activities, including: (1) providing grants for critical research projects exploring the ecosystem and socioeconomic impacts of ocean acidification; and (2) incorporating a competitive merit-based process for awarding grants that may be conducted jointly with other participating agencies or under the National Oceanographic Partnership Program.

Requires the National Science Foundation (NSF) director to continue to carry out ocean acidification research supporting competitive, merit-based, peer-reviewed proposals for research and monitoring of ocean acidification and its impacts.

Requires the administrator of the National Aeronautics and Space Administration (NASA) to ensure that space-based monitoring assets are used in as productive a manner as possible for the monitoring of ocean acidification and its impacts.

PROBLEM: SECTION 1. RENEWABLE PORTFOLIO STANDARD.

    (a) In General.--Title VI of the Public Utility Regulatory 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 electric utility that sells 
        electricity to electric consumers shall obtain a percentage of 
        the base amount of electricity it sells to electric consumers 
        in any calendar year from new renewable energy or existing 
        renewable energy. The percentage obtained in a calendar year 
        shall not be less than the amount specified in the following 
        table:

 
 
 
``Calendar year:                    Minimum annual percentage:
  2010............................  1
  2011............................  2
  2012............................  4
  2013............................  6
  2014............................  8
  2015............................  10
  2016............................  12
  2017............................  14
  2018............................  16
  2019............................  18
  2020............................  20
  2021............................  21
  2022............................  22
  2023............................  23
  2024............................  24
  2025............................  25.

            ``(2) Means of compliance.--An electric utility shall meet 
        the requirements of paragraph (1) by--
                    ``(A) submitting to the Secretary renewable energy 
                credits issued under subsection (b);
                    ``(B) making alternative compliance payments 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).
    ``(b) Renewable Energy Credit Trading Program.--
            ``(1) In general.--Not later than July 1, 2009, the 
        Secretary shall establish a renewable energy credit trading 
        program under which electric utilities shall submit to the 
        Secretary renewable energy credits to certify the compliance of 
        the electric utilities with respect to obligations under 
        subsection (a)(1).
            ``(2) Administration.--As part of the program, the 
        Secretary shall--
                    ``(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 existing 
                renewable energy;
                    ``(C) issue renewable energy credits to electric 
                utilities associated with State renewable portfolio 
                standard compliance mechanisms pursuant 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 purchaser 
                that, as of the date of enactment of this section, has 
                a purchase agreement from a renewable energy facility 
                placed in service before that date, the credit 
                associated with the generation of renewable energy 
                under the contract is issued to the purchaser of the 
                electric energy.
            ``(3) Duration.--A credit described in subparagraph (A) or 
        (B) of paragraph (2) may only be used for compliance with this 
        section during the 3-year period beginning on the date of 
        issuance of the credit.
            ``(4) Transfers.--An electric utility that holds credits in 
        excess of the quantity of credits needed to comply with 
        subsection (a) may transfer the credits to another electric 
        utility in the same utility holding company system.
            ``(5) Delegation of market function.--The Secretary may 
        delegate to an appropriate market-making entity the 
        administration of a national tradeable renewable energy credit 
        market for purposes of creating a transparent national market 
        for the sale or trade of renewable energy credits.
    ``(c) Enforcement.--
            ``(1) Civil penalties.--Any electric utility that fails to 
        meet the compliance requirements of subsection (a) shall be 
        subject to a civil penalty.
            ``(2) Amount of penalty.--The amount of the civil penalty 
        shall be determined by multiplying the number of kilowatt-hours 
        of electric energy sold to electric consumers in violation of 
        subsection (a) by the greater of 2 cents (adjusted for 
        inflation under subsection (g)) or 200 percent of the average 
        market value of renewable energy credits during the year in 
        which the violation occurred.
            ``(3) Mitigation or waiver.--The Secretary may mitigate or 
        waive a civil penalty under this subsection if the electric 
        utility was unable to comply with subsection (a) for reasons 
        outside of the reasonable control of the utility. The Secretary 
        shall reduce the amount of any penalty determined under 
        paragraph (2) by an amount paid by the electric utility to a 
        State for failure to comply with the requirement of a State 
        renewable energy program if the State requirement is greater 
        than the applicable requirement of subsection (a).
            ``(4) Procedure for assessing penalty.--The Secretary shall 
        assess a civil penalty under this subsection in accordance with 
        the procedures prescribed by section 333(d) of the Energy 
        Policy and Conservation Act of 1954 (42 U.S.C. 6303).
    ``(d) State Renewable Energy Account Program.--
            ``(1) In general.--The Secretary shall establish, not later 
        than December 31, 2008, a State renewable energy account 
        program.
            ``(2) Deposits.--All money collected by the Secretary from 
        alternative compliance payments and the assessment of civil 
        penalties under this section shall be deposited into the 
        renewable energy account established pursuant to this 
        subsection. The State renewable energy account shall be held by 
        the Secretary and shall not be transferred to the Treasury 
        Department.
            ``(3) Use.--Proceeds deposited in the State renewable 
        energy account shall be used by the Secretary, subject to 
        appropriations, for a program to provide grants to the State 
        agency responsible for developing State energy conservation 
        plans under section 362 of the Energy Policy and Conservation 
        Act (42 U.S.C. 6322) for the purposes of promoting renewable 
        energy production, including programs that promote technologies 
        that reduce the use of electricity at customer sites such as 
        solar water heating.
            ``(4) Administration.--The Secretary may issue guidelines 
        and criteria for grants awarded under this subsection. State 
        energy offices receiving grants under this section shall 
        maintain such records and evidence of compliance as the 
        Secretary may require.
            ``(5) Preference.--In allocating funds under this program, 
        the Secretary shall give preference--
                    ``(A) to States in regions which have a 
                disproportionately small share of economically 
                sustainable renewable energy generation capacity; and
                    ``(B) to State programs to stimulate or enhance 
                innovative renewable energy technologies.
    ``(e) Rules.--The Secretary shall issue rules implementing this 
section not later than 1 year after the date of enactment of this 
section.
    ``(f) Exemptions.--This section shall not apply in any calendar 
year to an electric utility--
            ``(1) that sold less than 4,000,000 megawatt-hours of 
        electric energy to electric consumers during the preceding 
        calendar year; or
            ``(2) in Hawaii.
    ``(g) Inflation Adjustment.--Not later than December 31 of each 
year beginning in 2008, the Secretary shall adjust for inflation the 
price of a renewable energy credit under subsection (b)(2) and the 
amount of the civil penalty per kilowatt-hour under subsection (c)(2).
    ``(h) State Programs.--
            ``(1) In general.--Nothing in this section diminishes any 
        authority of a State or political subdivision of a State to 
        adopt or enforce any law or regulation respecting renewable 
        energy, but, except as provided in subsection (c)(3), no such 
        law or regulation shall relieve any person of any requirement 
        otherwise applicable under this section. The Secretary, in 
        consultation with States having such renewable energy programs, 
        shall, to the maximum extent practicable, facilitate 
        coordination between the Federal program and State programs.
            ``(2) Regulations.--
                    ``(A) In general.--The Secretary, in consultation 
                with States, shall promulgate regulations to ensure 
                that an electric utility subject to the requirements of 
                this section that is also subject to a State renewable 
                energy standard receives renewable energy credits in 
                relation to equivalent quantities of renewable energy 
                associated with compliance mechanisms, other than the 
                generation or purchase of renewable energy by the 
                electric utility, including the acquisition of 
                certificates or credits and the payment of taxes, fees, 
                surcharges, or other financial compliance mechanisms by 
                the electric utility or a customer of the electric 
                utility, directly associated with the generation or 
                purchase of renewable energy.
                    ``(B) Prohibition on double counting.--The 
                regulations promulgated under this paragraph shall 
                ensure that a kilowatt hour associated with a renewable 
                energy credit issued pursuant to this subsection shall 
                not be used for compliance with this section more than 
                once.
    ``(i) Recovery of Costs.--
            ``(1) In general.--The Commission shall issue and enforce 
        such regulations as are necessary to ensure that an electric 
        utility recovers all prudently incurred costs associated with 
        compliance with this section.
            ``(2) Applicable law.--A regulation under paragraph (1) 
        shall be enforceable in accordance with the provisions of law 
        applicable to enforcement of regulations under the Federal 
        Power Act (16 U.S.C. 791a et seq.).
    ``(j) Wind Energy Development Study.--The Secretary, in 
consultation with appropriate Federal and State agencies, shall 
conduct, and submit to Congress a report describing the results of, a 
study on methods to increase transmission line capacity for wind energy 
development.
    ``(k) Definitions.--In this section:
            ``(1) Base amount of electricity.--The term `base amount of 
        electricity' means the total amount of electricity sold by an 
        electric utility to electric consumers in a calendar year, 
        excluding municipal waste and electricity generated by a 
        hydroelectric facility (including a pumped storage facility, 
        but excluding incremental hydropower).
            ``(2) Distributed generation facility.--The term 
        `distributed generation facility' means a facility at a 
        customer site.
            ``(3) Existing renewable energy.--The term `existing 
        renewable energy' means, except as provided in paragraph 
        (7)(B), electric energy generated at a facility (including a 
        distributed generation facility) placed in service prior to 
        January 1, 2001, from solar, wind, or geothermal energy, ocean 
        energy, biomass (as defined in section 203(a) of the Energy 
        Policy Act of 2005), or landfill gas.
            ``(4) Geothermal energy.--The term `geothermal energy' 
        means energy derived from a geothermal deposit (within the 
        meaning of section 613(e)(2) of the Internal Revenue Code of 
        1986).
            ``(5) Incremental geothermal production.--
                    ``(A) In general.--The term `incremental geothermal 
                production' means for any year the excess of--
                            ``(i) the total kilowatt hours of 
                        electricity produced from a facility (including 
                        a distributed generation facility) using 
                        geothermal energy; over
                            ``(ii) the average annual kilowatt hours 
                        produced at such facility for 5 of the previous 
                        7 calendar years before the date of enactment 
                        of this section after eliminating the highest 
                        and the lowest kilowatt hour production years 
                        in such 7-year period.
                    ``(B) Special rule.--A facility described in 
                subparagraph (A) that was placed in service at least 7 
                years before the date of enactment of this section 
                shall, commencing with the year in which such date of 
                enactment occurs, reduce the amount calculated under 
                subparagraph (A)(ii) each year, on a cumulative basis, 
                by the average percentage decrease in the annual 
                kilowatt hour production for the 7-year period 
                described in subparagraph (A)(ii) with such cumulative 
                sum not to exceed 30 percent.
            ``(6) Incremental hydropower.--The term `incremental 
        hydropower' means additional energy generated as a result of 
        efficiency improvements or capacity additions made on or after 
        January 1, 2001, or the effective date of an existing 
        applicable State renewable portfolio standard program at a 
        hydroelectric facility that was placed in service before that 
        date. The term does not include additional energy generated as 
        a result of operational changes not directly associated with 
        efficiency improvements or capacity additions. Efficiency 
        improvements and capacity additions shall be measured on the 
        basis of the same water flow information used to determine a 
        historic average annual generation baseline for the 
        hydroelectric facility and certified by the Secretary or the 
        Federal Energy Regulatory Commission.
            ``(7) New renewable energy.--The term `new renewable 
        energy' means--
                    ``(A) electric energy generated at a facility 
                (including a distributed generation facility) placed in 
                service on or after January 1, 2001, from--
                            ``(i) solar, wind, or geothermal energy or 
                        ocean energy;
                            ``(ii) biomass (as defined in section 
                        203(b) of the Energy Policy Act of 2005 (42 
                        U.S.C. 15852(b));
                            ``(iii) landfill gas; or
                            ``(iv) incremental hydropower; and
                    ``(B) for electric energy generated at a facility 
                (including a distributed generation facility) placed in 
                service prior to the date of enactment of this 
                section--
                            ``(i) the additional energy above the 
                        average generation in the 3 years preceding the 
                        date of enactment of this section at the 
                        facility from--
                                    ``(I) solar or wind energy or ocean 
                                energy;
                                    ``(II) biomass (as defined in 
                                section 203(b) of the Energy Policy Act 
                                of 2005 (42 U.S.C. 15852(b));
                                    ``(III) landfill gas; or
                                    ``(IV) incremental hydropower.
                            ``(ii) incremental geothermal production.
            ``(8) Ocean energy.--The term `ocean energy' includes 
        current, wave, tidal, and thermal energy.
    ``(l) Sunset.--This section expires on December 31, 2040.''.
    (b) Table of Contents Amendment.--The table of contents of the 
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. prec. 2601) 
is amended by adding at the end of the items relating to title VI the 
following:

``Sec. 610. Federal renewable portfolio standard.''.

SOLUTION: Amends the Public Utility Regulatory Policies Act of 1978 to set forth a federal renewable energy portfolio standard applicable to calendar years 2010 to 2025.

Instructs the Secretary of Energy to establish: (1) a renewable energy credit trading program under which electric utilities shall submit to the Secretary renewable energy credits to certify their compliance with such standard; and (2) a state renewable energy account program for grants to state agencies to promote renewable energy production (including programs that promote technologies that reduce the use of electricity at customer sites such as solar water heating).



Requires the Federal Energy Regulatory Commission (FERC) to issue and enforce regulations to ensure that an electric utility recovers all prudently incurred costs associated with compliance with this Act.

Instructs the Secretary to study and report to Congress on methods to increase transmission line capacity for wind energy development.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Puerto Rico Democracy Act of 2006''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) in the Memorandum on the Commonwealth of Puerto Rico 
        (28 Weekly Comp. Pres. Doc. 2324, dated November 30, 1992), 
        President George H.W. Bush recognized that ``[a]s long as 
        Puerto Rico is a territory ... the will of its people regarding 
        their political status should be ascertained periodically by 
        means of a general right of referendum . . .'';
            (2) consistent with this policy, in Executive Order No. 
        13183 (65 Fed. Reg. 82889), President William J. Clinton 
        established the President's Task Force on Puerto Rico's Status 
        to identify--
                    (A) options for the territory's future political 
                status ``... that are not incompatible with the 
                Constitution and basic laws and policies of the United 
                States ...''; and
                    (B) the process for realizing the identified 
                options;
            (3) in Executive Order 13319 (68 Fed. Reg. 68233), 
        President George W. Bush amended Executive Order No. 13183 (65 
        Fed. Reg. 82889) to require that the President's Task Force on 
        Puerto Rico's Status issue a report ``... no less frequently 
        than once every 2 years, on progress made in the determination 
        of Puerto Rico's ultimate status.''; and
            (4) on December 22, 2005, the Task Force appointed by 
        President George W. Bush issued a report recommending that not 
        later than 1 year after the date on which the report was 
        published, Congress should provide for a federally sanctioned 
        plebiscite in which the people of Puerto Rico would be asked to 
        vote on whether the people opt to--
                    (A) remain a United States territory; or
                    (B) pursue a constitutionally viable path toward a 
                permanent nonterritorial status with the United States.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Puerto 
        Rico State Elections Commission.
            (2) Commonwealth.--The term ``Commonwealth'' means the 
        Commonwealth of Puerto Rico.
            (3) Task force.--The term ``Task Force'' means the 
        President's Task Force on Puerto Rico's Status.

SEC. 4. FEDERALLY SANCTIONED PROCESS FOR PUERTO RICO'S SELF-
              DETERMINATION.

    (a) Plebiscite.--
            (1) In general.--During the 110th Congress, but not later 
        than December 31, 2007, the Commission shall conduct a 
        plebiscite in the Commonwealth, the ballot of which shall 
        provide for voters to choose only 1 of the following options:
                    (A) ``The Commonwealth of Puerto Rico should 
                continue to be a territory of the United States. If you 
                agree, mark here____.''.
                    (B) ``The Commonwealth of Puerto Rico should pursue 
                a path toward permanent non-territory status. If you 
                agree, mark here ______. ''.
            (2) Rules and regulations.--The Commission shall issue any 
        rules and regulations necessary to conduct the plebiscite under 
        this subsection.
            (3) Certification of results.--The Commission shall certify 
        the results of the plebiscite conducted under this subsection 
        to the President and Congress.
    (b) Federal Court Jurisdiction.--The Federal courts of the United 
States shall have exclusive jurisdiction over any legal claim or 
controversy arising from the implementation of this Act.

SEC. 5. AVAILABILITY OF FUNDS FOR THE SELF-DETERMINATION PROCESS.

    (a) Availability of Amounts Derived From Tax on Foreign Rum.--
            (1) In general.--During the period beginning on October 1, 
        2006, and ending on the date on which the results of the 
        plebiscite have been certified under section 4(a)(3), the 
        Secretary of the Treasury shall allocate to the Commission, 
        from amounts that would otherwise be covered into the treasury 
        of the Commonwealth under section 7652(e)(1) of the Internal 
        Revenue Code of 1986, not more than $5,000,000 to pay the costs 
        incurred by the Commission in conducting the plebiscite, as 
        determined under paragraph (2).
            (2) Determination by the task force.--The amount needed to 
        cover the costs of the plebiscite shall be determined by the 
        Task Force.
    (b) Use of Funds for Educational and Other Materials.--The amounts 
made available to the Commission under subsection (a)(1) may be used 
for the cost of voter education materials if the content of the 
materials has been certified by the Task Force as not being 
incompatible with the Constitution or any Federal laws or policies.

SOLUTION:
Puerto Rico Democracy Act of 2006 - Directs the Puerto Rico State Elections Commission to conduct a plebiscite in Puerto Rico during the 110th Congress on the sole question of continued U.S. territorial status or a path toward a permanent non-territorial status.