Combined efficiency and renewable electricity standard

(a)

In general

Title VI of the Public Utility Regulatory Policies Act of 1978 is amended by adding at the end the following:

610.

Combined efficiency and renewable electricity standard

(a)

Definitions

For purposes of this section: (1)

CHP savings

The term CHP savings means— (A)CHP system savings from a combined heat and power system that commences operation after the date of enactment of this section; and (B)the increase in CHP system savings from, at any time after the date of the enactment of this section, upgrading, replacing, expanding, or increasing the utilization of a combined heat and power system that commenced operation on or before the date of enactment of this section. (2)

CHP system savings

The term CHP system savings means the increment of electric output of a combined heat and power system that is attributable to the higher efficiency of the combined system (as compared to the efficiency of separate production of the electric and thermal outputs). (3)

Combined heat and power system

The term combined heat and power system means a system that uses the same energy source both for the generation of electrical or mechanical power and the production of steam or another form of useful thermal energy, provided that— (A)the system meets such requirements relating to efficiency and other operating characteristics as the Commission may promulgate by regulation; and (B)the net sales of electricity by the facility to customers not consuming the thermal output from that facility will not exceed 50 percent of total annual electric generation by the facility. (4)

Customer facility savings

The term customer facility savings means a reduction in end-use electricity consumption (including recycled energy savings) at a facility of an end-use consumer of electricity served by a retail electric supplier, as compared to— (A)in the case of a new facility, consumption at a reference facility of average efficiency; (B)in the case of an existing facility, consumption at such facility during a base period, except as provided in subparagraphs (C) and (D); (C)in the case of new equipment that replaces existing equipment with remaining useful life, the projected consumption of the existing equipment for the remaining useful life of such equipment, and thereafter, consumption of new equipment of average efficiency of the same equipment type; and (D)in the case of new equipment that replaces existing equipment at the end of the useful life of the existing equipment, consumption by new equipment of average efficiency of the same equipment type. (5)

Distributed renewable generation facility

The term distributed renewable generation facility means a facility that— (A)generates renewable electricity; (B)primarily serves 1 or more electricity consumers at or near the facility site; and (C)is no greater than 2 megawatts in capacity. (6)

Electricity savings

The term electricity savings means reductions in electricity consumption, relative to business-as-usual projections, achieved through measures implemented after the date of enactment of this section, limited to— (A)customer facility savings of electricity, adjusted to reflect any associated increase in fuel consumption at the facility; (B)reductions in distribution system losses of electricity achieved by a retail electricity distributor, as compared to losses attributable to new or replacement distribution system equipment of average efficiency; (C)CHP savings; and (D)fuel cell savings. (7)

Federal renewable electricity credit

The term Federal renewable electricity credit means a credit, representing one megawatt hour of renewable electricity, issued pursuant to subsection (e). (8)

Fuel cell

The term fuel cell means a device that directly converts the chemical energy of a fuel and an oxidant into electricity by electrochemical processes occurring at separate electrodes in the device. (9)

Fuel cell savings

The term fuel cell savings means the electricity saved by a fuel cell that is installed after the date of enactment of this section, or by upgrading a fuel cell that commenced operation on or before the date of enactment of this section, as a result of the greater efficiency with which the fuel cell transforms fuel into electricity as compared with sources of electricity delivered through the grid, provided that— (A)the fuel cell meets such requirements relating to efficiency and other operating characteristics as the Commission may promulgate by regulation; and (B)the net sales of electricity from the fuel cell to customers not consuming the thermal output from the fuel cell, if any, do not exceed 50 percent of the total annual electricity generation by the fuel cell. (10)

Qualified hydropower

The term qualified hydropower means— (A)energy produced from increased efficiency achieved, or additions of capacity made, on or after January 1, 2001, at a hydroelectric facility that was placed in service before that date and does not include additional energy generated as a result of operational changes not directly associated with efficiency improvements or capacity additions; or (B)energy produced from generating capacity added to a dam on or after January 1, 2001, provided that the Commission certifies that— (i)the dam was placed in service before the date of the enactment of this section and was operated for flood control, navigation, or water supply purposes and was not producing hydroelectric power prior to the addition of such capacity; (ii)the hydroelectric project installed on the dam is licensed (or is exempt from licensing) by the Commission and is in compliance with the terms and conditions of the license or exemption, and with other applicable legal requirements for the protection of environmental quality, including applicable fish passage requirements; and (iii)the hydroelectric project installed on the dam is operated so that the water surface elevation at any given location and time that would have occurred in the absence of the hydroelectric project is maintained, subject to any license or exemption requirements that require changes in water surface elevation for the purpose of improving the environmental quality of the affected waterway. (11)

Recycled energy savings

The term recycled energy savings means a reduction in electricity consumption that results from a modification of an industrial or commercial system that commenced operation before the date of enactment of this section, in order to recapture electrical, mechanical, or thermal energy that would otherwise be wasted. (12)

Renewable biomass

The term renewable biomass means any of the following: (A)Crops, crop byproducts, or crop residues harvested from actively managed or fallow agricultural land that was cleared prior to the date of enactment of this section and is nonforested. (B)Planted trees, brush, slash, and all residues from an actively managed tree plantation located on land that was cleared prior to the date of enactment of this section and is not Federal land. (C)Precommercial-sized thinnings, slash, brush, and residue from milled trees, from forested land that is not— (i)old-growth or mature forest; (ii)identified under a State Natural Heritage Program as rare, imperiled, or critically imperiled; or (iii)Federal land. (D)Algae. (E)Nonhazardous plant matter derived from waste such as separated yard waste, landscape right-of-way trimmings, or food waste (but not municipal solid waste, recyclable waste paper, painted, treated or pressurized wood, or wood contaminated with plastic or metals). (F)Animal waste or animal byproducts, including products of animal waste digesters. (G)Vegetative matter removed from within 200 yards of any manmade structure or campground. (H)Slash and precommercial-sized thinnings harvested— (i)in environmentally sustainable quantities, as determined by the appropriate Federal land manager; and (ii)from National Forest System land or public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), other than— (I)components of the National Wilderness Preservation System established under the Wilderness Act (16 U.S.C. 1131 et seq.); (II)Wilderness Study Areas, as identified by the Bureau of Land Management; (III)inventoried roadless areas and all unroaded areas of at least 5,000 acres; (IV)old growth and late seral stands; (V)components of the National Landscape Conservation System administered by the Bureau of Land Management; and (VI)national monuments. (13)

Renewable electricity

The term renewable electricity means electricity generated (including by means of a fuel cell) from a renewable energy resource. (14)

Renewable energy resource

The term renewable energy resource means each of the following: (A)Wind energy. (B)Solar energy. (C)Geothermal energy. (D)Renewable biomass. (E)Biogas derived exclusively from renewable biomass. (F)Biofuels derived exclusively from renewable biomass. (G)Qualified hydropower. (H)Marine and hydrokinetic renewable energy, as that term is defined in section 632 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17211). (I)Landfill gas. (15)

Retail electric supplier

(A)

In general

The term retail electric supplier means, for any given year, an electric utility that sold not less than 1,000,000 megawatt hours of electric energy to electric consumers for purposes other than resale during the preceding calendar year. (B)

Inclusions and limitations

For purposes of determining whether an electric utility qualifies as a retail electric supplier under subparagraph (A)— (i)the sales of any affiliate of an electric utility to electric consumers, other than sales to the affiliate’s lessees or tenants, for purposes other than resale shall be considered to be sales of such electric utility; and (ii)sales by any electric utility to an affiliate, lessee, or tenant of such electric utility shall not be treated as sales to electric consumers. (C)

Affiliate

For purposes of this paragraph, the term affiliate when used in relation to a person, means another person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, such person, as determined under regulations promulgated by the Commission. (16)

Retail electric supplier’s base amount

The term retail electric supplier’s base amount means the total amount of electric energy sold by the retail electric supplier, expressed in megawatt hours, to electric customers for purposes other than resale during the relevant calendar year, excluding— (A)electricity generated by a hydroelectric facility, other than qualified hydropower; (B)electricity generated by the combustion of municipal solid waste; (C)electricity generated by a nuclear generating unit placed in service after the date of enactment of this section; and (D)the proportion of electricity generated by a fossil-fueled generating unit that is equal to the proportion of greenhouse gases produced by such unit that are captured and geologically sequestered. (17)

Retire and retirement

The terms retire and retirement with respect to a Federal renewable electricity credit, means to disqualify such credit for any subsequent use under this section, regardless of whether the use is a sale, transfer, exchange, or submission in satisfaction of a compliance obligation. (18)

Third-party efficiency provider

The term third-party efficiency provider means any retailer, building owner, energy service company, financial institution or other commercial, industrial, or nonprofit entity that is capable of providing electricity savings in accordance with the requirements of this section. (19)

Total annual electricity savings

The term total annual electricity savings means electricity savings during a specified calendar year from measures implemented since the date of the enactment of this section, taking into account verified measure lifetimes or verified annual savings attrition rates, as determined in accordance with such regulations as the Commission may promulgate and measured in megawatt hours. (b)

Annual compliance obligation

(1)

In general

For each of calendar years 2014 through 2040, not later than March 31 of the following calendar year, each retail electric supplier shall submit to the Commission an amount of Federal renewable electricity credits and demonstrated total annual electricity savings that, in the aggregate, is equal to such retail electric supplier’s annual combined target as set forth in subsection (d), except as otherwise provided in subsection (g). (2)

Demonstration of savings

For purposes of this subsection, submission of demonstrated total annual electricity savings means submission of a report that demonstrates, in accordance with the requirements of subsection (f), the total annual electricity savings achieved by the retail electric supplier within the relevant compliance year. (3)

Renewable electricity credits portion

Except as provided in paragraph (4), each retail electric supplier must submit Federal renewable electricity credits equal to at least three quarters of the retail electric supplier’s annual combined target. (4)

State petition

(A)

In general

Upon written request from the Governor of any State (including, for purposes of this paragraph, the Mayor of the District of Columbia), the Commission shall increase, to not more than half, the proportion of the annual combined targets of retail electric suppliers located within such State that may be met through submission of demonstrated total annual electricity savings, provided that such increase shall be effective only with regard to the portion of a retail electric supplier’s annual combined target that is attributable to electricity sales within such State. (B)

Contents

A Governor’s request under this paragraph shall include an explanation of the Governor’s rationale for determining, after consultation with the relevant State regulatory authority and other retail electricity ratemaking authorities within the State, to make such request. The request shall specify the maximum proportion of annual combined targets (not more than half) that can be met through demonstrated total annual electricity savings, and the period for which such proportion shall be effective. (C)

Revision

The Governor of any State may, after consultation with the relevant State regulatory authority and other retail electricity ratemaking authorities within the State, submit a written request for revocation or revision of a previous request submitted under this paragraph. The Commission shall grant such request, provided that— (i)any revocation or revision shall not apply to the combined annual target for any year that is any earlier than 2 calendar years after the calendar year in which such request is submitted, so as to provide retail electric suppliers with adequate notice of such change; and (ii)any revision shall meet the requirements of subparagraph (A). (c)

Establishment of program

Not later than 1 year after the date of enactment of this section, the Commission shall promulgate regulations to implement and enforce the requirements of this section. In promulgating such regulations, the Commission shall, to the extent practicable— (1)preserve the integrity, and incorporate best practices, of existing State and tribal renewable electricity and energy efficiency programs; (2)rely upon existing and emerging State, tribal, or regional tracking systems that issue and track non-Federal renewable electricity credits; and (3)cooperate with the States and Indian tribes to facilitate coordination between State, tribal, and Federal renewable electricity and energy efficiency programs and to minimize administrative burdens and costs to retail electric suppliers. (d)

Annual compliance requirement

(1)

Annual combined targets

For each of calendar years 2014 through 2040, a retail electric supplier’s annual combined target shall be the product of— (A)the required annual percentage for such year, as set forth in paragraph (2); and (B)the retail electric supplier’s base amount for such year. (2)

Required annual percentage

For each of calendar years 2014 through 2040, the required annual percentage shall be as follows: Required annual Year:percentage: 20148 201510 201612 201714 201816 201918 202020 202122 202224 202326 202428 202530 202632 202734 202836 202938 203040 203142 203244 203346 203448 2035 through 204050.

(e)

Federal renewable electricity credits

(1)

In general

The regulations promulgated under this section shall include provisions governing the issuance, tracking, and verification of Federal renewable electricity credits. Except as provided in paragraphs (2), (3), and (4) of this subsection, the Commission shall issue to each generator of renewable electricity, 1 Federal renewable electricity credit for each megawatt hour of renewable electricity generated by such generator after December 31, 2013. The Commission shall assign a unique serial number to each Federal renewable electricity credit. (2)

Generation from certain State renewable electricity programs

Where renewable electricity is generated with the support of payments from a retail electric supplier pursuant to a State renewable electricity program (whether through State alternative compliance payments or through payments to a State renewable electricity procurement fund or entity), the Commission shall issue Federal renewable electricity credits to such retail electric supplier for the proportion of the relevant renewable electricity generation that is attributable to the retail electric supplier’s payments, as determined pursuant to regulations issued by the Commission. For any remaining portion of the relevant renewable electricity generation, the Commission shall issue Federal renewable electricity credits to the generator, as provided in paragraph (1), except that in no event shall more than 1 Federal renewable electricity credit be issued for the same megawatt hour of electricity. In determining how Federal renewable electricity credits will be apportioned among retail electric suppliers and generators in such circumstances, the Commission shall consider information and guidance furnished by the relevant State or States. (3)

Certain power sales contracts

Except as otherwise provided in paragraph (2), when a generator has sold renewable electricity to a retail electric supplier under a contract for power from a facility placed in service before the date of enactment of this section, and the contract does not provide for the determination of ownership of the Federal renewable electricity credits associated with such generation, the Commission shall issue such Federal renewable electricity credits to the retail electric supplier for the duration of the contract. (4)

Credit multiplier for distributed renewable generation

(A)

In general

Except as provided in subparagraph (B), the Commission shall issue 3 Federal renewable electricity credits for each megawatt hour of renewable electricity generated by a distributed renewable generation facility. (B)

Adjustment

Except as provided in subparagraph (C), not later than January 1, 2016, and not less frequently than every 4 years thereafter, the Commission shall review the effect of this paragraph and shall, as necessary, reduce the number of Federal renewable electricity credits per megawatt hour issued under this paragraph for any given energy source or technology, but not below 1, to ensure that such number is no higher than the Commission determines is necessary to make distributed renewable generation facilities using such source or technology cost competitive with other sources of renewable electricity generation. (C)

Facilities placed in service after enactment

For any distributed renewable generation facility placed in service after the date of enactment of this section, subparagraph (B) shall not apply for the first 10 years after the date on which the facility is placed in service. For each year during such 10-year period, the Commission shall issue to the facility the same number of Federal renewable electricity credits per megawatt hour as are issued to that facility in the year in which such facility is placed in service. After such 10-year period, the Commission shall issue Federal renewable electricity credits to the facility in accordance with the current multiplier as determined pursuant to subparagraph (B). (5)

Credits based on qualified hydropower

For purposes of this subsection, the number of Federal renewable electricity credits issued for qualified hydropower shall be calculated— (A)based solely on the increase in average annual generation directly resulting from the efficiency improvements or capacity additions described in subsection (a)(10)(A); and (B)using the same water flow information used to determine a historic average annual generation baseline for the hydroelectric facility, as certified by the Commission. (6)

Generation from mixed renewable and nonrenewable resources

If electricity is generated using both a renewable energy resource and an energy source that is not a renewable energy resource (as, for example, in the case of co-firing of renewable biomass and fossil fuel), the Commission shall issue Federal renewable electricity credits based on the proportion of the electricity that is attributable to the renewable energy resource. (7)

Prohibition against double-counting

The Commission shall ensure that— (A)no Federal renewable electricity credit is used more than once for compliance with this section; and (B)except as provided in paragraph (4), no more than 1 Federal renewable electricity credit is issued for any megawatt hour of renewable electricity. (8)

Trading

The lawful holder of a Federal renewable electricity credit may sell, exchange, transfer, submit for compliance in accordance with subsection (b), or submit such credit for retirement by the Commission. (9)

Banking

A Federal renewable electricity credit may be submitted in satisfaction of the compliance obligation set forth in subsection (b) for the compliance year in which the credit was issued or for any of the 3 immediately subsequent compliance years. The Commission shall retire any Federal renewable electricity credit that has not been retired by April 2 of the calendar year that is 3 years after the calendar year in which the credit was issued. (10)

Retirement

The Commission shall retire a Federal renewable electricity credit immediately upon submission by the lawful holder of such credit, whether in satisfaction of a compliance obligation under subsection (b) or on some other basis. (f)

Electricity savings

(1)

Standards for measurement of savings

As part of the regulations promulgated under this section, the Commission shall prescribe standards and protocols for defining and measuring electricity savings and total annual electricity savings that can be counted towards the compliance obligation set forth in subsection (b). Such protocols and standards shall, at minimum— (A)specify the types of energy efficiency and energy conservation measures that can be counted; (B)require that energy consumption estimates for customer facilities or portions of facilities in the applicable base and current years be adjusted, as appropriate, to account for changes in weather, level of production, and building area; (C)account for the useful life of measures; (D)include deemed savings values for specific, commonly used measures; (E)allow for savings from a program to be estimated based on extrapolation from a representative sample of participating customers; (F)include procedures for counting CHP savings, recycled energy savings, and fuel cell savings; (G)count only measures and savings that are additional to business-as-usual practices; (H)include procedures for documenting measurable and verifiable electricity savings achieved as a result of programs that address market barriers to energy-saving goods and services and result in long-term changes in the market for such goods and services; (I)include procedures for counting electricity savings achieved by solar water heating and solar light pipe technology that has the capability to provide measurable data on the amount of megawatt-hours displaced; (J)establish methods for calculating codes and standard savings, including the use of verified compliance rates; (K)avoid double-counting of savings used for compliance with this section, including savings that are transferred pursuant to paragraph (3); (L)ensure that, except as provided in subparagraph (N), the retail electric supplier claiming the savings played a significant role in achieving the savings (including through the activities of a designated agent of the supplier or through the purchase of transferred savings); (M)include savings from programs administered by a retail electric supplier (or a retail electricity distributor that is not a retail electric supplier) that are funded by State, Federal, or other sources; and (N)in any State in which the State regulatory authority has designated 1 or more entities to administer electric ratepayer-funded efficiency programs approved by such State regulatory authority, provide that electricity savings achieved through such programs shall be distributed equitably among retail electric suppliers in accordance with the direction of the relevant State regulatory authority. (2)

Standards for third-party verification of savings

The regulations promulgated under this section shall establish procedures and standards requiring third-party verification of all reported electricity savings, including requirements for accreditation of third-party verifiers to ensure that such verifiers are professionally qualified and have no conflicts of interest. (3)

Transfers of savings

(A)

Bilateral contracts for savings transfers

Subject to the limitations of this paragraph, a retail electric supplier may use electricity savings transferred, pursuant to a bilateral contract, from another retail electric supplier, an owner of an electric distribution facility that is not a retail electric supplier, a State, or a third-party efficiency provider to meet the applicable compliance obligation under subsection (b). (B)

Requirements

Electricity savings transferred and used for compliance pursuant to this paragraph shall be— (i)measured and verified in accordance with the procedures specified under this subsection; (ii)reported in accordance with paragraph (4) of this subsection; and (iii)achieved within the same State as is served by the retail electric supplier. (C)

Regulatory approval

Nothing in this paragraph shall limit or affect the authority of a State regulatory authority to require a retail electric supplier that is regulated by such authority to obtain such authority’s authorization or approval of a contract for transfer of savings under this paragraph. (4)

Reporting savings

(A)

Requirements

The regulations promulgated under this section shall establish requirements governing the submission of reports to demonstrate, in accordance with the protocols and standards for measurement and third-party verification established under this subsection, the total annual electricity savings achieved by a retail electric supplier within the relevant year. (B)

Review and approval

The Commission shall review each report submitted to the Commission by a retail electric supplier and shall exclude any electricity savings that have not been adequately demonstrated in accordance with the requirements of this subsection. (5)

State administration

(A)

Delegation of authority

Upon receipt of an application from the Governor of a State (including, for purposes of this subsection, the Mayor of the District of Columbia), the Commission may delegate to the State the authority to review and verify reported electricity savings for purposes of determining demonstrated total annual electricity savings that may be counted towards a retail electric supplier’s compliance obligation under subsection (b). The Commission shall make a substantive determination approving or disapproving a State application under this subparagraph, after notice and comment, within 180 days of receipt of a complete application. (B)

Alternative measurement and verification procedures and standards

As part of an application submitted under subparagraph (A), a State may request to use alternative measurement and verification procedures and standards to those specified in paragraphs (1) and (2), provided the State demonstrates that such alternative procedures and standards provide a level of accuracy of measurement and verification at least equivalent to the Federal procedures and standards promulgated under paragraphs (1) and (2). (C)

Review of State implementation

The Commission shall, not less frequently than once every 4 years, review each State’s implementation of delegated authority under this paragraph to ensure conformance with the requirements of this section. The Commission may, at any time, revoke the delegation of authority under this section upon a finding that the State is not implementing its delegated responsibilities in conformity with this paragraph. As a condition of maintaining its delegated authority under this paragraph, the Commission may require a State to submit a revised application under subparagraph (A) if the Commission has— (i)promulgated new or substantially revised measurement and verification procedures and standards under this subsection; or (ii)otherwise substantially revised the program established under this section. (g)

Alternative compliance payments

(1)

In general

A retail electric supplier may satisfy the requirements of subsection (b) in whole or in part by submitting in accordance with this subsection, in lieu of each Federal renewable electricity credit or megawatt hour of demonstrated total annual electricity savings that would otherwise be due, a payment equal to $50, adjusted for inflation on January 1 of each year following calendar year 2014, in accordance with such regulations as the Commission may promulgate. (2)

Payment to State funds

Except as otherwise provided in this paragraph, payments made under this subsection shall be made directly to the State or States in which the retail electric supplier sells electric energy, in proportion to the portion of the retail electric supplier’s base amount that is sold within each relevant State, provided that such payments are deposited directly into a fund in the State treasury established for this purpose and that the State uses such funds in accordance with paragraphs (3) and (4). If the Commission determines at any time that a State is in substantial noncompliance with paragraph (3) or (4), the Commission shall direct that any future alternative compliance payments that would otherwise be paid to such State under this subsection shall instead be paid to the Commission and deposited in the United States Treasury. (3)

State use of funds

As a condition of receipt of alternative compliance payments pursuant to this subsection, a State shall use such payments exclusively for the purposes of— (A)deploying technologies that generate electricity from renewable energy resources; or (B)implementing cost-effective energy efficiency programs to achieve electricity savings. (4)

Reporting

(A)

In general

As a condition of receipt of alternative compliance payments pursuant to this subsection, a State shall submit to the Commission an annual report, in accordance with such regulations as the Commission may prescribe, containing a full accounting of the use of such payments, including a detailed description of the activities funded thereby and demonstrating compliance with the requirements of this subsection. (B)

Deadline

A State submitting a report under this paragraph shall do so— (i)not later than 12 months after the date on which the first alternative compliance payment is received; and (ii)every 12 months thereafter until all such payments are expended. (h)

Information collection

The Commission may require any retail electric supplier, renewable electricity generator, or such other entities as the Commission determines appropriate, to provide any information the Commission determines appropriate to carry out this section. Failure to submit such information or submission of false or misleading information under this subsection shall be a violation of this section. (i)

Enforcement and judicial review

(1)

Failure To submit credits or demonstrate savings

If any person fails to comply with the requirements of subsection (b) or (g), such person shall be liable to pay to the Commission a civil penalty equal to the product of— (A)double the alternative compliance payment calculated under subsection (g)(1), and (B)the aggregate quantity of Federal renewable electricity credits, total annual electricity savings, or equivalent alternative compliance payments that the person failed to submit in violation of the requirements of subsections (b) and (g). (2)

Enforcement

The Commission shall assess a civil penalty under paragraph (1) in accordance with the procedures described in section 31(d) of the Federal Power Act (16 U.S.C. 823b(d)). (3)

Violation of requirement of regulations or orders

Any person who violates, or fails or refuses to comply with, any requirement of a regulation promulgated or order issued under this section shall be subject to a civil penalty under section 316A(b) of the Federal Power Act (16 U.S.C. 825o–1(b)). Such penalty shall be assessed by the Commission in the same manner as in the case of a violation referred to in section 316A(b) of such Act. (4)

Judicial review

Any person aggrieved by a final action taken by the Commission under this section, other than the assessment of a civil penalty under paragraphs (1) through (3), may use the procedures for review described in section 313 of the Federal Power Act (16 U.S.C. 825l). For purposes of this paragraph, references to an order in section 313 of such Act shall be deemed to refer also to all other final actions of the Commission under this section other than the assessment of a civil penalty under paragraphs (1) through (3). (j)

Savings provisions

Nothing in this section shall— (1)diminish or qualify any authority of a State, a political subdivision of a State, or an Indian tribe to— (A)adopt or enforce any law or regulation respecting renewable electricity or energy efficiency, including any law or regulation establishing requirements more stringent than those established by this section, provided that no such law or regulation may relieve any person of any requirement otherwise applicable under this section; or (B)regulate the acquisition and disposition of Federal renewable electricity credits by retail electric suppliers within the jurisdiction of such State, political subdivision, or Indian tribe, including the authority to require such retail electric supplier to acquire and submit to the Secretary for retirement Federal renewable electricity credits in excess of those submitted under this section; or (2)affect the application of, or the responsibility for compliance with, any other provision of law or regulation, including environmental and licensing requirements. (k)

Sunset

This section expires on December 31, 2041.

(b)

Conforming amendment

The table of contents set forth in section 1(b) of the Public Utility Regulatory Policies Act of 1978 is amended by inserting after the item relating to section 608 the following:

Sec. 609. Rural and remote communities electrification grants.

Sec. 610. Combined efficiency and renewable electricity standard.