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kilowatt-hour or 200 percent of the average market value
1
of credits for the applicable compliance period. On January
2
1 of each year following calendar year 2005, the Secretary
3
shall adjust for inflation the price charged per credit for
4
such calendar year, based on the Gross Domestic Product
5
Implicit Price Deflator.
6
‘‘(h) E
NFORCEMENT
.—The Secretary may bring an ac-
7
tion in the appropriate United States district court to im-
8
pose a civil penalty on a retail electric supplier that does
9
not comply with subsection (a), unless the retail electric
10
supplier was unable to comply with subsection (a) for rea-
11
sons outside of the supplier’s reasonable control (including
12
weather-related damage, mechanical failure, lack of trans-
13
mission capacity or availability, strikes, lockouts, actions
14
of a governmental authority). A retail electric supplier who
15
does not submit the required number of renewable energy
16
credits under subsection (a) shall be subject to a civil pen-
17
alty of not more than the greater of 3 cents or 200 percent
18
of the average market value of credits for the compliance
19
period for each renewable energy credit not submitted.
20
‘‘(i) I
NFORMATION
C
OLLECTION
.—The Secretary may
21
collect the information necessary to verify and audit—
22
‘‘(1) the annual electric energy generation and
23
renewable energy generation of any entity applying
24
for renewable energy credits under this section,
25
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‘‘(2) the validity of renewable energy credits sub-
1
mitted by a retail electric supplier to the Secretary,
2
and
3
‘‘(3) the quantity of electricity sales of all retail
4
electric suppliers.
5
‘‘(j) E
NVIRONMENTAL
S
AVINGS
C
LAUSE
.—Incremental
6
hydropower shall be subject to all applicable environmental
7
laws and licensing and regulatory requirements.
8
‘‘(k) S
TATE
S
AVINGS
C
LAUSE
.—This section does not
9
preclude a State from requiring additional renewable en-
10
ergy generation in that State, or from specifying technology
11
mix.
12
‘‘(l) D
EFINITIONS
.—For purposes of this section:
13
‘‘(1) B
IOMASS
.—The term ‘biomass’ means any
14
organic material that is available on a renewable or
15
recurring basis, including dedicated energy crops,
16
trees grown for energy production, wood waste and
17
wood residues, plants (including aquatic plants,
18
grasses, and agricultural crops), residues, fibers, ani-
19
mal wastes and other organic waste materials, and
20
fats and oils, except that with respect to material re-
21
moved from National Forest System lands the term
22
includes only organic material from—
23
‘‘(A) thinnings from trees that are less than
24
12 inches in diameter;
25
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‘‘(B) slash;
1
‘‘(C) brush; and
2
‘‘(D) mill residues.
3
‘‘(2) E
LIGIBLE FACILITY
.—The term ‘eligible fa-
4
cility’ means—
5
‘‘(A) a facility for the generation of electric
6
energy from a renewable energy resource that is
7
placed in service on or after the date of enact-
8
ment of this section; or
9
‘‘(B) a repowering or cofiring increment
10
that is placed in service on or after the date of
11
enactment of this section at a facility for the
12
generation of electric energy from a renewable
13
energy resource that was placed in service before
14
that date.
15
‘‘(3)
E
LIGIBLE
RENEWABLE
ENERGY
RE
-
16
SOURCE
.—The term ‘renewable energy resource’
17
means solar, wind, ocean, or geothermal energy, bio-
18
mass (excluding solid waste and paper that is com-
19
monly recycled), landfill gas, a generation offset, or
20
incremental hydropower.
21
‘‘(4) G
ENERATION OFFSET
.—The term ‘genera-
22
tion offset’ means reduced electricity usage metered at
23
a site where a customer consumes energy from a re-
24
newable energy technology.
25
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‘‘(5) E
XISTING FACILITY OFFSET
.—The term ‘ex-
1
isting facility offset’ means renewable energy gen-
2
erated from an existing facility, not classified as an
3
eligible facility, that is owned or under contract to a
4
retail electric supplier on the date of enactment of
5
this section.
6
‘‘(6) I
NCREMENTAL
HYDROPOWER
.—The term
7
‘incremental hydropower’ means additional genera-
8
tion that is achieved from increased efficiency or ad-
9
ditions of capacity after the date of enactment of this
10
section at a hydroelectric dam that was placed in
11
service before that date.
12
‘‘(7) I
NDIAN
LAND
.—The term ‘Indian land’
13
means—
14
‘‘(A) any land within the limits of any In-
15
dian reservation, pueblo, or rancheria,
16
‘‘(B) any land not within the limits of any
17
Indian reservation, pueblo, or rancheria title to
18
which was on the date of enactment of this para-
19
graph either held by the United States for the
20
benefit of any Indian tribe or individual or held
21
by any Indian tribe or individual subject to re-
22
striction by the United States against alienation,
23
‘‘(C) any dependent Indian community,
24
and
25
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‘‘(D) any land conveyed to any Alaska Na-
1
tive corporation under the Alaska Native Claims
2
Settlement Act.
3
‘‘(8) I
NDIAN
TRIBE
.—The term ‘Indian tribe’
4
means any Indian tribe, band, nation, or other orga-
5
nized group or community, including any Alaskan
6
Native village or regional or village corporation as
7
defined in or established pursuant to the Alaska Na-
8
tive Claims Settlement Act (43 U.S.C. 1601 et seq.),
9
which is recognized as eligible for the special pro-
10
grams and services provided by the United States to
11
Indians because of their status as Indians.
12
‘‘(9) R
ENEWABLE ENERGY
.—The term ‘renewable
13
energy’ means electric energy generated by a renew-
14
able energy resource.
15
‘‘(10) R
ENEWABLE
ENERGY
RESOURCE
.—The
16
term ‘renewable energy resource’ means solar, wind,
17
ocean, or geothermal energy, biomass (including mu-
18
nicipal solid waste), landfill gas, a generation offset,
19
or incremental hydropower.
20
‘‘(11) R
EPOWERING OR COFIRING INCREMENT
.—
21
The term ‘repowering or cofiring increment’ means
22
the additional generation from a modification that is
23
placed in service on or after the date of enactment of
24
this section to expand electricity production at a fa-
25
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HR 6 EAS1S/PP
cility used to generate electric energy from a renew-
1
able energy resource or to cofire biomass that was
2
placed in service before the date of enactment of this
3
section, or the additional generation above the average
4
generation in the 3 years preceding the date of enact-
5
ment of this section, to expand electricity production
6
at a facility used to generate electric energy from a
7
renewable energy resource or to cofire biomass that
8
was placed in service before the date of enactment of
9
this section.
10
‘‘(12) R
ETAIL ELECTRIC SUPPLIER
.—The term
11
‘retail electric supplier’ means a person that sells elec-
12
tric energy to electric consumers and sold not less
13
than 1,000,000 megawatt-hours of electric energy to
14
electric consumers for purposes other than resale dur-
15
ing the preceding calendar year; except that such
16
term does not include the United States, a State or
17
any political subdivision of a State, or any agency,
18
authority, or instrumentality of any one or more of
19
the foregoing, or a rural electric cooperative.
20
‘‘(13) R
ETAIL
ELECTRIC
SUPPLIER
’
S
BASE
21
AMOUNT
.—The term ‘retail electric supplier’s base
22
amount’ means the total amount of electric energy
23
sold by the retail electric supplier to electric customers
24
during the most recent calendar year for which infor-
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HR 6 EAS1S/PP
mation is available, excluding electric energy gen-
1
erated by—
2
‘‘(A) an eligible renewable energy resource;
3
‘‘(B) municipal solid waste; or
4
‘‘(C) a hydroelectric facility.
5
‘‘(m) S
UNSET
.—This section expires December 31,
6
2030.’’.
7
SEC. 265. RENEWABLE ENERGY ON FEDERAL LAND.
8
(a) C
OST
-S
HARE
D
EMONSTRATION
P
ROGRAM
.—With-
9
in 12 months after the date of enactment of this section,
10
the Secretaries of the Interior, Agriculture, and Energy
11
shall develop guidelines for a cost-share demonstration pro-
12
gram for the development of wind and solar energy facilities
13
on Federal land.
14
(b) D
EFINITION OF
F
EDERAL
L
AND
.—As used in this
15
section, the term ‘‘Federal land’’ means land owned by the
16
United States that is subject to the operation of the mineral
17
leasing laws; and is either—
18
(1) public land as defined in section 103(e) of
19
the Federal Land Policy and Management Act of
20
1976 (42 U.S.C. 1702(e)); or
21
(2) a unit of the National Forest System as that
22
term is used in section 11(a) of the Forest and Range-
23
land Renewable Resources Planning Act of 1974 (16
24
U.S.C. 1609(a)).
25
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(c) R
IGHTS
-
OF
-W
AY
.—The demonstration program
1
shall provide for the issuance of rights-of-way pursuant to
2
the provisions of title V of the Federal Land Policy and
3
Management Act of 1976 (43 U.S.C. 1761 et seq.) by the
4
Secretary of the Interior with respect to Federal land under
5
the jurisdiction of the Department of the Interior, and by
6
the Secretary of Agriculture with respect to Federal lands
7
under the jurisdiction of the Department of Agriculture.
8
(d) A
VAILABLE
S
ITES
.—For purposes of this dem-
9
onstration program, the issuance of rights-of-way shall be
10
limited to areas—
11
(1) of high energy potential for wind or solar de-
12
velopment;
13
(2) that have been identified by the wind or solar
14
energy industry, through a process of nomination, ap-
15
plication, or otherwise, as being of particular interest
16
to one or both industries;
17
(3) that are not located within roadless areas;
18
(4) where operation of wind or solar facilities
19
would be compatible with the scenic, recreational, en-
20
vironmental, cultural, or historic values of the Fed-
21
eral land, and would not require the construction of
22
new roads for the siting of lines or other transmission
23
facilities; and
24
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(5) where issuance of the right-of-way is con-
1
sistent with the land and resource management plans
2
of the relevant land management agencies.
3
(e) C
OST
-S
HARE
P
AYMENTS BY
DOE.—The Secretary
4
of Energy, in cooperation with the Secretary of the Interior
5
with respect to Federal land under the jurisdiction of the
6
Department of the Interior, and the Secretary of Agri-
7
culture with respect to Federal land under the jurisdiction
8
of the Department of Agriculture, shall determine if the por-
9
tion of a project on Federal land is eligible for financial
10
assistance pursuant to this section. Only those projects that
11
are consistent with the requirements of this section and fur-
12
ther the purposes of this section shall be eligible. In the event
13
a project is selected for financial assistance, the Secretary
14
of Energy shall provide no more than 15 percent of the costs
15
of the project on the Federal land, and the remainder of
16
the costs shall be paid by non-Federal sources.
17
(f) R
EVISION OF
L
AND
U
SE
P
LANS
.—The Secretary of
18
the Interior shall consider development of wind and solar
19
energy, as appropriate, in revisions of land use plans under
20
section 202 of the Federal Land Policy and Management
21
Act of 1976 (42 U.S.C. 1712); and the Secretary of Agri-
22
culture shall consider development of wind and solar en-
23
ergy, as appropriate, in revisions of land and resource
24
management plans under section 5 of the Forest and Range-
25
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land Renewable Resources Planning Act of 1974 (16 U.S.C.
1
1604). Nothing in this subsection shall preclude the issuance
2
of a right-of-way for the development of a wind or solar
3
energy project prior to the revision of a land use plan by
4
the appropriate land management agency.
5
(g) R
EPORT TO
C
ONGRESS
.—Within 24 months after
6
the date of enactment of this section, the Secretary of the
7
Interior shall develop and report to Congress recommenda-
8
tions on any statutory or regulatory changes the Secretary
9
believes would assist in the development of renewable energy
10
on Federal land. The report shall include—
11
(1) a five-year plan developed by the Secretary
12
of the Interior, in cooperation with the Secretary of
13
Agriculture, for encouraging the development of wind
14
and solar energy on Federal land in an environ-
15
mentally sound manner; and
16
(2) an analysis of—
17
(A) whether the use of rights-of-ways is the
18
best means of authorizing use of Federal land for
19
the development of wind and solar energy, or
20
whether such resources could be better developed
21
through a leasing system, or other method;
22
(B) the desirability of grants, loans, tax
23
credits or other provisions to promote wind and
24
solar energy development on Federal land; and
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(C) any problems, including environmental
1
concerns, which the Secretary of the Interior or
2
the Secretary of Agriculture have encountered in
3
managing wind or solar energy projects on Fed-
4
eral land, or believe are likely to arise in rela-
5
tion to the development of wind or solar energy
6
on Federal land;
7
(3) a list, developed in consultation with the Sec-
8
retaries of Energy and Defense, of lands under the ju-
9
risdiction of the Departments of Energy and Defense
10
that would be suitable for development for wind or
11
solar energy, and recommended statutory and regu-
12
latory mechanisms for such development.
13
(h) N
ATIONAL
A
CADEMY OF
S
CIENCES
S
TUDY
.— With-
14
in 90 days after the enactment of this Act, the Secretary
15
of the Interior shall contract with the National Academy
16
of Sciences to study the potential for the development of
17
wind, solar, and ocean energy on the Outer Continental
18
Shelf; assess existing Federal authorities for the develop-
19
ment of such resources; and recommend statutory and regu-
20
latory mechanisms for such development. The results of the
21
study shall be transmitted to Congress within 24 months
22
after the enactment of this Act.
23
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