[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1127 Introduced in House (IH)]






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 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 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 energy generated 
        from solar, wind, or geothermal energy and sold by a qualified 
        renewable energy facility during the incentive period, the 
        Secretary of Energy shall make, subject to the availability of 
        appropriations, incentive payments to the owner or operator of 
        such facility.
            ``(2) Secretary of agriculture.--For electric energy 
        generated from biomass and sold by a qualified renewable energy 
        facility during the incentive 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 generated from heat derived from 
        landfill gases and sold by a qualified renewable energy 
        facility during the incentive period, the Administrator of the 
        Environmental 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). Payments under this section may only be 
        made upon receipt by the Secretary of Energy, the Secretary of 
        Agriculture, or the Administrator of the Environmental 
        Protection Agency, as applicable, of an incentive payment 
        application which establishes that the applicant is eligible to 
        receive such payment.
            ``(5) Assignment of priority.--The Secretary 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 renewable energy facility that is eligible for 
        payments under this section a higher or lower priority for 
        eligibility 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''.
    (c) Amount of Payment.--Section 1212(e)(1) of the Energy Policy Act 
of 1992 (42 U.S.C. 13317(e)(1)) is amended--
            (1) by striking ``Secretary'' and inserting ``Secretary of 
        Energy, the Secretary of Agriculture, or the Administrator of 
        the Environmental Protection Agency''; and
            (2) by striking ``1.5'' and inserting ``1.8''.
    (d) Sunset.--Section 1212(f) of the Energy Policy Act of 1992 (42 
U.S.C. 13317(f)) is amended by striking ``the expiration of'' and all 
that follows through ``enactment of this section'' and inserting 
``September 30, 2026''.
    (e) Authorization of Appropriations.--Section 1212(g) of the Energy 
Policy Act of 1992 (42 U.S.C. 13317(g)) is amended to read as follows:
    ``(g) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated--
            ``(1) $25,000,000 to the Secretary of Energy;
            ``(2) $5,000,000 to the Secretary of Agriculture; and
            ``(3) $5,000,000 to the Administrator of the Environmental 
        Protection Agency,
for each of fiscal years 2006 through 2026.''.
    (f) Definition.--Section 1212 of the Energy Policy Act of 1992 (42 
U.S.C. 13317) is amended by adding at the end the following new 
subsection:
    ``(h) Definition.--For purposes of this section, the term `biomass' 
includes livestock biomass.''.

SEC. 3. ADVISORY COMMITTEE.

    Section 6(b)(4)(A) of the Renewable Energy and Energy Efficiency 
Technology Competitiveness Act of 1989 (42 U.S.C. 12005(b)(4)(A)) is 
amended--
            (1) by redesignating clauses (iii) through (ix) as clauses 
        (iv) through (x), respectively; and
            (2) by inserting after clause (ii) the following new 
        clause:
                    ``(iii) the Secretary of Agriculture;''.
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