16b0
<PRE>[DOCID: f:s1211is.txt]






107th CONGRESS
  1st Session
                                S. 1211

  To reauthorize and revise the Renewable Energy Production Incentive 
                    program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2001

   Ms. Cantwell (for herself and Mr. Smith of Oregon) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To reauthorize and revise the Renewable Energy Production Incentive 
                    program, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 Act''.

SEC. 2. REAUTHORIZATION AND REVISION.

    Section 1212 of the Energy Policy Act of 1992 (42 U.S.C. 13317) is 
amended--
            (1) in subsection (a)--
                    (A) in the first sentence, by striking ``A 
                qualified'' and inserting the following:
            ``(1) In general.--A qualified''; and
                    (B) in the third sentence, by striking ``and which 
                satisfies'' and all that follows and inserting a 
                period; and
                    (C) by striking the fourth sentence and inserting 
                the following:
            ``(3) Criteria and procedure.--
                    ``(A) In general.--The Secretary shall establish 
                criteria and procedures necessary for efficient 
                administration of the program.
                    ``(B) Limitation.--The Secretary shall not 
                establish any criterion or procedure that has the 
                effect of assigning to a proposal a higher or lower 
                priority for eligibility or allocation of appropriated 
                funds on the basis of the energy source proposed.'';
            (2) in subsection (b)--
                    (A) by striking ``which is owned'' and all that 
                follows through ``a nonprofit electrical cooperative'' 
                and inserting ``that is owned by an electricity-
                generating cooperative exempt from taxation under 
                section 501(c)(12) or section 1381(a)(2)(C) of the 
                Internal Revenue Code of 1986, a public utility 
                described in section 115 of that Code, a State, 
                Commonwealth, territory, or possession of the United 
                States or the District of Columbia (including a 
                political subdivision of a State, Commonwealth, 
                territory, or possession of the United States or the 
                District of Columbia), or a tribal government 
                (including a subdivision of a tribal government),''; 
                and
                    (B) by inserting ``landfill gas, incremental 
                hydropower,'' after ``wind, biomass,'';
            (3) in subsection (c), 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'';
            (4) in subsection (d)--
                    (A) by striking ``A qualified'' and inserting the 
                following:
            ``(1) In general.--A qualified''; and
                    (B) by striking the second sentence and inserting 
                the following:
            ``(2) Beginning of payment period.--The payment period 
        shall begin with the fiscal year in which--
                    ``(A) electricity generated from the facility is 
                first eligible for payments; or
                    ``(B) the Secretary determines that all necessary 
                Federal and State authorizations have been obtained to 
                begin construction of the facility.'';
            (5) in subsection (e)(1), by inserting ``landfill gas, 
        incremental hydropower,'' after ``wind, biomass,''; and
            (6) by striking subsection (g) and inserting the following:
    ``(g) Incremental Hydropower.--
            ``(1) Definition of incremental hydropower.--In this 
        subsection, the term `incremental hydropower' 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.
            ``(2) Programs.--Subject to subsection (h)(2), if an 
        incremental hydropower program meets the requirements of this 
        section, as determined by the Secretary, the incremental 
        hydropower program shall be eligible to receive incentive 
        payments under this section.
    ``(h) Authorization of Appropriations.--
            ``(1) In general.--Subject to paragraph (2), there are 
        authorized to be appropriated such sums as are necessary to 
        carry out this section for fiscal years 2003 through 2023.
            ``(2) Limitation on funds used for incremental hydropower 
        programs.--Not more than 30 percent of the amounts made 
        available under paragraph (1) shall be used to carry out 
        programs described in subsection (g)(2).
            ``(3) Availability of funds.--Funds made available under 
        paragraph (1) shall remain available until expended.''.
                                 &lt;all&gt;

0