II 111th CONGRESS 2d Session S. 3923 IN THE SENATE OF THE UNITED STATES September 29, 2010 Mr. Sanders (for himself, Mr. Harkin, Mr. Whitehouse, Mr. Leahy, and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Public Utility Regulatory Policies Act of 1978 to clarify the authority of States to adopt renewable energy incentives.

1.

Short title

This Act may be cited as the Let the States Innovate on Sustainable Energy Act of 2010.

2.

Clarification of State authority to adopt renewable energy incentives

Section 210 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 824a–3) is amended by adding at the end the following: (o)

Clarification of State authority To adopt renewable energy incentives

(1)

Definition of State-approved production incentive program

In this subsection, the term State-approved production incentive program means a requirement imposed pursuant to State law, or by a State regulatory authority acting within the authority of the State regulatory authority under State law, that an electric utility purchase renewable energy (as defined in section 609(a)) at a specified rate. (2)

Rates

Notwithstanding any other provision of this Act or the Federal Power Act (16 U.S.C. 791a et seq.), a State legislature or regulatory authority may set the rates for a sale of electric energy by a facility generating electric energy from renewable energy sources pursuant to a State-approved production incentive program under which the facility voluntarily sells electric energy. .