[Congressional Record Volume 159, Number 123 (Wednesday, September 18, 2013)]
[Senate]
[Pages S6602-S6608]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1953. Mr. UDALL of New Mexico (for himself, Mr. Udall of Colorado, 
and Mr. Franken) submitted an amendment intended to be proposed by him 
to the bill S. 1392, to promote energy savings in residential buildings 
and industry, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 47, between lines 16 and 17, insert the following:

     SEC. 4___. SMART WATER RESOURCE MANAGEMENT PILOT PROGRAM.

       (a) Definitions.--In this section:
       (1) Eligible entity.--The term ``eligible entity'' means--
       (A) a utility;
       (B) a municipality;
       (C) a water district; and
       (D) any other authority that provides water, wastewater, or 
     water reuse services.
       (2) Smart water resource management pilot program.--The 
     term ``smart water resource management pilot program'' or 
     ``pilot program'' means the pilot program established under 
     subsection (b).
       (b) Smart Water Resource Management Pilot Program.--
       (1) In general.--The Secretary shall establish and carry 
     out a smart water resource management pilot program in 
     accordance with this section.
       (2) Purpose.--The purpose of the smart water resource 
     management pilot program is to award grants to eligible 
     entities to demonstrate novel and innovative technology-based 
     solutions that will--
       (A) increase the energy and water efficiency of water, 
     wastewater, and water reuse systems;
       (B) improve water, wastewater, and water reuse systems to 
     help communities across the United States make significant 
     progress in conserving water, saving energy, and reducing 
     costs; and
       (C) support the implementation of innovative processes and 
     the installation of advanced automated systems that provide 
     real-time data on energy and water.
       (3) Project selection.--
       (A) In general.--The Secretary shall make competitive, 
     merit-reviewed grants under the pilot program to not less 
     than 3, but not more than 5, eligible entities.
       (B) Selection criteria.--In selecting an eligible entity to 
     receive a grant under the pilot program, the Secretary shall 
     consider--
       (i) energy and cost savings;
       (ii) the novelty of the technology to be used;
       (iii) the degree to which the project integrates next-
     generation sensors, software, analytics, and management 
     tools;
       (iv) the anticipated cost-effectiveness of the pilot 
     project in terms of energy efficiency savings, water savings 
     or reuse, and infrastructure costs averted;
       (v) whether the technology can be deployed in a variety of 
     geographic regions and the degree to which the technology can 
     be implemented on a smaller or larger scale; and
       (vi) whether the project will be completed in 5 years or 
     less.
       (C) Applications.--
       (i) In general.--Subject to clause (ii), an eligible entity 
     seeking a grant under the pilot program shall submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary determines to be 
     necessary.
       (ii) Contents.--An application under clause (i) shall, at a 
     minimum, include--

       (I) a description of the project;
       (II) a description of the technology to be used in the 
     project;
       (III) the anticipated results, including energy and water 
     savings, of the project;
       (IV) a comprehensive budget for the project;
       (V) the names of the project lead organization and any 
     partners;
       (VI) the number of users to be served by the project; and
       (VII) any other information that the Secretary determines 
     to be necessary to complete the review and selection of a 
     grant recipient.

       (4) Administration.--
       (A) In general.--Not later than 300 days after the date of 
     enactment of this Act, the Secretary shall select grant 
     recipients under this section.
       (B) Evaluations.--The Secretary shall annually carry out an 
     evaluation of each project for which a grant is provided 
     under this section that--
       (i) evaluates the progress and impact of the project; and
       (ii) assesses the degree to which the project is meeting 
     the goals of the pilot program.
       (C) Technical and policy assistance.--On the request of a 
     grant recipient, the Secretary shall provide technical and 
     policy assistance.
       (D) Best practices.--The Secretary shall make available to 
     the public--
       (i) a copy of each evaluation carried out under 
     subparagraph (B); and
       (ii) a description of any best practices identified by the 
     Secretary as a result of those evaluations.
       (E) Report to congress.--The Secretary shall submit to 
     Congress a report containing the results of each evaluation 
     carried out under subparagraph (B).
       (c) Funding.--
       (1) In general.--The Secretary shall use not less than 
     $7,500,000 of amounts made available to the Secretary to 
     carry out this section.
       (2) Prioritization.--In funding activities under this 
     section, the Secretary shall prioritize funding in the 
     following manner:
       (A) Any unobligated amounts made available for the State 
     Energy Program of the Department of Energy.
       (B) Any unobligated amounts (other than those described in 
     subparagraph (A)) made available to the Secretary.
                                 ______
                                 
  SA 1954. Mr. WARNER (for himself, Mr. Manchin, Mr. Tester, and Mr. 
Schatz) submitted an amendment intended to be proposed by him to the 
bill S. 1392, to promote energy savings in residential buildings and 
industry, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

          Subtitle B--Energy Productivity Innovation Challenge

     SEC. 411. SHORT TITLE.

       This subtitle may be cited as the ``Energy Productivity 
     Innovation Challenge Act of 2013'' or the ``EPIC Act of 
     2013''.

     SEC. 412. PURPOSE.

       The purpose of this subtitle is to assist energy policy 
     innovation in the States to promote the goal of doubling 
     electric and thermal energy productivity by January 1, 2030.

     SEC. 413. DEFINITIONS.

       In this subtitle:
       (1) Energy productivity.--The term ``energy productivity'' 
     means, in the case of a State or Indian tribe, the gross 
     State or tribal product per British thermal unit of energy 
     consumed in the State or tribal land of the Indian tribe, 
     respectively.
       (2) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (3) State.--The term ``State'' has the meaning given the 
     term in section 3 of the Energy Policy and Conservation Act 
     (42 U.S.C. 6202).

     SEC. 414. PHASE 1: INITIAL ALLOCATION OF GRANTS TO STATES.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, the

[[Page S6603]]

     Secretary shall issue an invitation to States to submit plans 
     to participate in an electric and thermal energy productivity 
     challenge in accordance with this section.
       (b) Grants.--
       (1) In general.--Subject to section 417, the Secretary 
     shall use funds made available under section 418(b)(1) to 
     provide an initial allocation of grants to not more than 25 
     States.
       (2) Amount.--The amount of a grant provided to a State 
     under this section shall be not less than $500,000 nor more 
     than $1,750,000.
       (c) Submission of Plans.--To receive a grant under this 
     section, not later than 90 days after the date of issuance of 
     the invitation under subsection (a), a State (in consultation 
     with energy utilities, regulatory bodies, and others) shall 
     submit to the Secretary an application to receive the grant 
     by submitting a revised State energy conservation plan under 
     section 362 of the Energy Policy and Conservation Act (42 
     U.S.C. 6322).
       (d) Decision by Secretary.--
       (1) Basis.--The Secretary shall base the decision of the 
     Secretary on an application submitted under this section on--
       (A) plans for improvement in electric and thermal energy 
     productivity consistent with this subtitle; and
       (B) other factors determined appropriate by the Secretary, 
     including geographic diversity.
       (2) Ranking.--The Secretary shall--
       (A) rank revised plans submitted under this section in 
     order of the greatest to least likely contribution to 
     improving energy productivity in the State; and
       (B) provide grants under this section in accordance with 
     the ranking and the scale and scope of a plan.
       (e) Plan Requirements.--A plan submitted under subsection 
     (c) shall provide--
       (1) a description of the manner in which--
       (A) energy savings will be monitored and verified and 
     energy productivity improvements will be calculated using 
     inflation-adjusted dollars;
       (B) a statewide baseline of energy use and potential 
     resources for calendar year 2010 will be established to 
     measure improvements;
       (C) the plan will promote achievement of energy savings and 
     demand reduction goals;
       (D) public and private sector investments in energy 
     efficiency will be leveraged with available Federal funding; 
     and
       (E) the plan will not cause cost-shifting among utility 
     customer classes or negatively impact low-income populations; 
     and
       (2) an assurance that--
       (A) the State energy office required to submit the plan, 
     the energy utilities in the State participating in the plan, 
     and the State public service commission are cooperating and 
     coordinating programs and activities under this subtitle;
       (B) the State is cooperating with local units of 
     government, Indian tribes, and energy utilities to expand 
     programs as appropriate; and
       (C) grants provided under this subtitle will be used to 
     supplement and not supplant Federal, State, or ratepayer-
     funded programs or activities in existence on the date of 
     enactment of this subtitle.
       (f) Uses.--A State may use grants provided under this 
     section to promote--
       (1) the expansion of policies and programs that will 
     advance industrial energy efficiency, waste heat recovery, 
     combined heat and power, and waste heat-to-power utilization;
       (2) the expansion of policies and programs that will 
     advance energy efficiency construction and retrofits for 
     public and private commercial buildings (including schools, 
     hospitals, and residential buildings, including multifamily 
     buildings) such as through expanded energy service 
     performance contracts, equivalent utility energy service 
     contracts, zero net-energy buildings, and improved building 
     energy efficiency codes;
       (3) the establishment or expansion of incentives in the 
     electric utility sector to enhance demand response and energy 
     efficiency, including consideration of additional incentives 
     to promote the purposes of section 111(d) of the Public 
     Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)), 
     such as appropriate, cost-effective policies regarding rate 
     structures, grid improvements, behavior change, combined heat 
     and power and waste heat-to-power incentives, financing of 
     energy efficiency programs, data use incentives, district 
     heating, and regular energy audits; and
       (4) leadership by example, in which State activities 
     involving both facilities and vehicle fleets can be a model 
     for other action to promote energy efficiency and can be 
     expanded with Federal grants provided under this subtitle.

     SEC. 415. PHASE 2: SUBSEQUENT ALLOCATION OF GRANTS TO STATES.

       (a) Reports.--Not later than 18 months after the receipt of 
     grants under section 414, each State (in consultation with 
     other parties described in subsection (b)(3)(F) that received 
     grants under section 414 may submit to the Secretary a report 
     that describes--
       (1) the performance of the programs and activities carried 
     out with the grants; and
       (2) in consultation with other parties described in 
     subsection (b)(3)(F), the manner in which additional funds 
     would be used to carry out programs and activities to promote 
     the purposes of this subtitle.
       (b) Grants.--
       (1) In general.--Not later than 180 days after the date of 
     the receipt of the reports required under subsection (a), 
     subject to section 417, the Secretary shall use amounts made 
     available under section 418(b)(2) to provide grants to not 
     more than 6 States to carry out the programs and activities 
     described in subsection (a)(2).
       (2) Amount.--The amount of a grant provided to a State 
     under this section shall be not more than $15,000,000.
       (3) Basis.--The Secretary shall base the decision of the 
     Secretary to provide grants under this section on--
       (A) the performance of the State in the programs and 
     activities carried out with grants provided under section 
     414;
       (B) the potential of the programs and activities described 
     in subsection (a)(2) to achieve the purposes of this 
     subtitle;
       (C) the desirability of maintaining a total project 
     portfolio that is geographically and functionally diverse;
       (D) the amount of non-Federal funds that are leveraged as a 
     result of the grants to ensure that Federal dollars are 
     leveraged effectively;
       (E) plans for continuation of the improvements after the 
     receipt of grants under this subtitle; and
       (F) demonstrated effort by the State to involve diverse 
     groups, including--
       (i) investor-owned, cooperative, and public power 
     utilities;
       (ii) local governments; and
       (iii) nonprofit organizations.

     SEC. 416. ALLOCATION OF GRANTS TO INDIAN TRIBES.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall invite Indian 
     tribes to submit plans to participate in an electric and 
     thermal energy productivity challenge in accordance with this 
     section.
       (b) Submission of Plans.--To receive a grant under this 
     section, not later than 90 days after the date of issuance of 
     the invitation under subsection (a), an Indian tribe shall 
     submit to the Secretary a plan to increase electric and 
     thermal energy productivity by the Indian tribe.
       (c) Decision by Secretary.--
       (1) In general.--Not later than 90 days after the 
     submission of plans under subsection (b), the Secretary shall 
     make a final decision on the allocation of grants under this 
     section.
       (2) Basis.--The Secretary shall base the decision of the 
     Secretary under paragraph (1) on--
       (A) plans for improvement in electric and thermal energy 
     productivity consistent with this subtitle;
       (B) plans for continuation of the improvements after the 
     receipt of grants under this subtitle; and
       (C) other factors determined appropriate by the Secretary, 
     including--
       (i) geographic diversity; and
       (ii) size differences among Indian tribes.
       (3) Limitation.--An individual Indian tribe shall not 
     receive more than 20 percent of the total amount available to 
     carry out this section.

     SEC. 417. ADMINISTRATION.

       (a) Independent Evaluation.--To evaluate program 
     performance and effectiveness under this subtitle, the 
     Secretary shall consult with the National Research Council 
     regarding requirements for data and evaluation for recipients 
     of grants under this subtitle.
       (b) Coordination With State Energy Conservation Programs.--
       (1) In general.--Grants to States under this subtitle shall 
     be provided through additional funding to carry out State 
     energy conservation programs under part D of title III of the 
     Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.).
       (2) Relationship to state energy conservation programs.--
       (A) In general.--A grant provided to a State under this 
     subtitle shall be used to supplement (and not supplant) funds 
     provided to the State under part D of title III of the Energy 
     Policy and Conservation Act (42 U.S.C. 6321 et seq.).
       (B) Minimum funding.--A grant shall not be provided to a 
     State for a fiscal year under this subtitle if the amount of 
     funding provided to all State grantees under the base formula 
     for the fiscal year under part D of title III of the Energy 
     Policy and Conservation Act (42 U.S.C. 6321 et seq.) is less 
     than $50,000,000.
       (c) Voluntary Participation.--The participation of a State 
     in a challenge established under this subtitle shall be 
     voluntary.

     SEC. 418. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this subtitle $100,000,000 for the period of fiscal 
     years 2014 through 2017.
       (b) Allocation.--Of the total amount of funds made 
     available under subsection (a)--
       (1) 30 percent shall be used to provide an initial 
     allocation of grants to States under section 414;
       (2) 61 percent shall be used to provide a subsequent 
     allocation of grants to States under section 415;
       (3) 4 percent shall be used to make grants to Indian tribes 
     under section 416; and
       (4) 5 percent shall be available to the Secretary for the 
     cost of administration and technical support to carry out 
     this subtitle.

     SEC. 419. OFFSET.

       Section 422(f) of the Energy Independence and Security Act 
     of 2007 (42 U.S.C. 17082(f)) (as amended by section 401) is 
     amended by striking paragraphs (5) and (6) and inserting the 
     following:

[[Page S6604]]

       ``(5) $175,000,000 for fiscal year 2014;
       ``(6) $125,000,000 for fiscal year 2015;
       ``(7) $75,000,000 for each of fiscal years 2016 and 2017; 
     and
       ``(8) $100,000,000 for fiscal year 2018.''.
                                 ______
                                 
  SA 1955. Ms. KLOBUCHAR (for herself, Mr. Graham, and Mr. Schumer) 
submitted an amendment intended to be proposed by her to the bill S. 
1392, to promote energy savings in residential buildings and industry, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

                  TITLE V--METAL THEFT PREVENTION ACT

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Metal Theft Prevention Act 
     of 2013''.

     SEC. 502. DEFINITIONS.

       In this title--
       (1) the term ``critical infrastructure'' has the meaning 
     given the term in section 1016(e) of the Uniting and 
     Strengthening America by Providing Appropriate Tools Required 
     to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 
     2001 (42 U.S.C. 5195c(e));
       (2) the term ``specified metal'' means metal that--
       (A)(i) is marked with the name, logo, or initials of a 
     city, county, State, or Federal government entity, a 
     railroad, an electric, gas, or water company, a telephone 
     company, a cable company, a retail establishment, a beer 
     supplier or distributor, or a public utility; or
       (ii) has been altered for the purpose of removing, 
     concealing, or obliterating a name, logo, or initials 
     described in clause (i) through burning or cutting of wire 
     sheathing or other means; or
       (B) is part of--
       (i) a street light pole or street light fixture;
       (ii) a road or bridge guard rail;
       (iii) a highway or street sign;
       (iv) a water meter cover;
       (v) a storm water grate;
       (vi) unused or undamaged building construction or utility 
     material;
       (vii) a historical marker;
       (viii) a grave marker or cemetery urn;
       (ix) a utility access cover; or
       (x) a container used to transport or store beer with a 
     capacity of 5 gallons or more;
       (C) is a wire or cable commonly used by communications and 
     electrical utilities; or
       (D) is copper, aluminum, and other metal (including any 
     metal combined with other materials) that is valuable for 
     recycling or reuse as raw metal, except for--
       (i) aluminum cans; and
       (ii) motor vehicles, the purchases of which are reported to 
     the National Motor Vehicle Title Information System 
     (established under section 30502 of title 49); and
       (3) the term ``recycling agent'' means any person engaged 
     in the business of purchasing specified metal for reuse or 
     recycling, without regard to whether that person is engaged 
     in the business of recycling or otherwise processing the 
     purchased specified metal for reuse.

     SEC. 503. THEFT OF SPECIFIED METAL.

       (a) Offense.--It shall be unlawful to knowingly steal 
     specified metal--
       (1) being used in or affecting interstate or foreign 
     commerce; and
       (2) the theft of which is from and harms critical 
     infrastructure.
       (b) Penalty.--Any person who commits an offense described 
     in subsection (a) shall be fined under title 18, United 
     States Code, imprisoned not more than 10 years, or both.

     SEC. 504. DOCUMENTATION OF OWNERSHIP OR AUTHORITY TO SELL.

       (a) Offenses.--
       (1) In general.--Except as provided in paragraph (2), it 
     shall be unlawful for a recycling agent to purchase specified 
     metal described in subparagraph (A) or (B) of section 502(2), 
     unless--
       (A) the seller, at the time of the transaction, provides 
     documentation of ownership of, or other proof of the 
     authority of the seller to sell, the specified metal; and
       (B) there is a reasonable basis to believe that the 
     documentation or other proof of authority provided under 
     subparagraph (A) is valid.
       (2) Exception.--Paragraph (1) shall not apply to a 
     recycling agent that is subject to a State or local law that 
     sets forth a requirement on recycling agents to obtain 
     documentation of ownership or proof of authority to sell 
     specified metal before purchasing specified metal.
       (3) Responsibility of recycling agent.--A recycling agent 
     is not required to independently verify the validity of the 
     documentation or other proof of authority described in 
     paragraph (1).
       (4) Purchase of stolen metal.--It shall be unlawful for a 
     recycling agent to purchase any specified metal that the 
     recycling agent--
       (A) knows to be stolen; or
       (B) should know or believe, based upon commercial 
     experience and practice, to be stolen.
       (b) Civil Penalty.--A person who knowingly violates 
     subsection (a) shall be subject to a civil penalty of not 
     more than $10,000 for each violation.

     SEC. 505. TRANSACTION REQUIREMENTS.

       (a) Recording Requirements.--
       (1) In general.--Except as provided in paragraph (2), a 
     recycling agent shall maintain a written or electronic record 
     of each purchase of specified metal.
       (2) Exception.--Paragraph (1) shall not apply to a 
     recycling agent that is subject to a State or local law that 
     sets forth recording requirements that are substantially 
     similar to the requirements described in paragraph (3) for 
     the purchase of specified metal.
       (3) Contents.--A record under paragraph (1) shall include--
       (A) the name and address of the recycling agent; and
       (B) for each purchase of specified metal--
       (i) the date of the transaction;
       (ii) a description of the specified metal purchased using 
     widely used and accepted industry terminology;
       (iii) the amount paid by the recycling agent;
       (iv) the name and address of the person to which the 
     payment was made;
       (v) the name of the person delivering the specified metal 
     to the recycling agent, including a distinctive number from a 
     Federal or State government-issued photo identification card 
     and a description of the type of the identification; and
       (vi) the license plate number and State-of-issue, make, and 
     model, if available, of the vehicle used to deliver the 
     specified metal to the recycling agent.
       (4) Repeat sellers.--A recycling agent may comply with the 
     requirements of this subsection with respect to a purchase of 
     specified metal from a person from which the recycling agent 
     has previously purchased specified metal by--
       (A) reference to the existing record relating to the 
     seller; and
       (B) recording any information for the transaction that is 
     different from the record relating to the previous purchase 
     from that person.
       (5) Record retention period.--A recycling agent shall 
     maintain any record required under this subsection for not 
     less than 2 years after the date of the transaction to which 
     the record relates.
       (6) Confidentiality.--Any information collected or retained 
     under this section may be disclosed to any Federal, State, or 
     local law enforcement authority or as otherwise directed by a 
     court of law.
       (b) Purchases in Excess of $100.--
       (1) In general.--Except as provided in paragraph (2), a 
     recycling agent may not pay cash for a single purchase of 
     specified metal of more than $100. For purposes of this 
     paragraph, more than 1 purchase in any 48-hour period from 
     the same seller shall be considered to be a single purchase.
       (2) Exception.--Paragraph (1) shall not apply to a 
     recycling agent that is subject to a State or local law that 
     sets forth a maximum amount for cash payments for the 
     purchase of specified metal.
       (3) Payment method.--
       (A) Occasional sellers.--Except as provided in subparagraph 
     (B), for any purchase of specified metal of more than $100 a 
     recycling agent shall make payment by check that--
       (i) is payable to the seller; and
       (ii) includes the name and address of the seller.
       (B) Established commercial transactions.--A recycling agent 
     may make payments for a purchase of specified metal of more 
     than $100 from a governmental or commercial supplier of 
     specified metal with which the recycling agent has an 
     established commercial relationship by electronic funds 
     transfer or other established commercial transaction payment 
     method through a commercial bank if the recycling agent 
     maintains a written record of the payment that identifies the 
     seller, the amount paid, and the date of the purchase.
       (c) Civil Penalty.--A person who knowingly violates 
     subsection (a) or (b) shall be subject to a civil penalty of 
     not more than $5,000 for each violation, except that a person 
     who commits a minor violation shall be subject to a penalty 
     of not more than $1,000.

     SEC. 506. ENFORCEMENT BY ATTORNEY GENERAL.

       The Attorney General may bring an enforcement action in an 
     appropriate United States district court against any person 
     that engages in conduct that violates this title.

     SEC. 507. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

       (a) In General.--An attorney general or equivalent 
     regulator of a State may bring a civil action in the name of 
     the State, as parens patriae on behalf of natural persons 
     residing in the State, in any district court of the United 
     States or other competent court having jurisdiction over the 
     defendant, to secure monetary or equitable relief for a 
     violation of this title.
       (b) Notice Required.--Not later than 30 days before the 
     date on which an action under subsection (a) is filed, the 
     attorney general or equivalent regulator of the State 
     involved shall provide to the Attorney General--
       (1) written notice of the action; and
       (2) a copy of the complaint for the action.
       (c) Attorney General Action.--Upon receiving notice under 
     subsection (b), the Attorney General shall have the right--
       (1) to intervene in the action;
       (2) upon so intervening, to be heard on all matters arising 
     therein;
       (3) to remove the action to an appropriate district court 
     of the United States; and
       (4) to file petitions for appeal.
       (d) Pending Federal Proceedings.--If a civil action has 
     been instituted by the Attorney General for a violation of 
     this title, no State may, during the pendency of the action 
     instituted by the Attorney General, institute a civil action 
     under this title against

[[Page S6605]]

     any defendant named in the complaint in the civil action for 
     any violation alleged in the complaint.
       (e) Construction.--For purposes of bringing a civil action 
     under subsection (a), nothing in this section regarding 
     notification shall be construed to prevent the attorney 
     general or equivalent regulator of the State from exercising 
     any powers conferred under the laws of that State to--
       (1) conduct investigations;
       (2) administer oaths or affirmations; or
       (3) compel the attendance of witnesses or the production of 
     documentary and other evidence.

     SEC. 508. DIRECTIVE TO SENTENCING COMMISSION.

       (a) In General.--Pursuant to its authority under section 
     994 of title 28, United States Code, and in accordance with 
     this section, the United States Sentencing Commission, shall 
     review and, if appropriate, amend the Federal Sentencing 
     Guidelines and policy statements applicable to a person 
     convicted of a criminal violation of section 503 of this 
     title or any other Federal criminal law based on the theft of 
     specified metal by such person.
       (b) Considerations.--In carrying out this section, the 
     Sentencing Commission shall--
       (1) ensure that the sentencing guidelines and policy 
     statements reflect the--
       (A) serious nature of the theft of specified metal; and
       (B) need for an effective deterrent and appropriate 
     punishment to prevent such theft;
       (2) consider the extent to which the guidelines and policy 
     statements appropriately account for--
       (A) the potential and actual harm to the public from the 
     offense, including any damage to critical infrastructure;
       (B) the amount of loss, or the costs associated with 
     replacement or repair, attributable to the offense;
       (C) the level of sophistication and planning involved in 
     the offense; and
       (D) whether the offense was intended to or had the effect 
     of creating a threat to public health or safety, injury to 
     another person, or death;
       (3) account for any additional aggravating or mitigating 
     circumstances that may justify exceptions to the generally 
     applicable sentencing ranges;
       (4) assure reasonable consistency with other relevant 
     directives and with other sentencing guidelines and policy 
     statements; and
       (5) assure that the sentencing guidelines and policy 
     statements adequately meet the purposes of sentencing as set 
     forth in section 3553(a)(2) of title 18, United States Code.

     SEC. 509. STATE AND LOCAL LAW NOT PREEMPTED.

       Nothing in this title shall be construed to preempt any 
     State or local law regulating the sale or purchase of 
     specified metal, the reporting of such transactions, or any 
     other aspect of the metal recycling industry.

     SEC. 510. EFFECTIVE DATE.

       This title shall take effect 180 days after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 1956. Ms. KLOBUCHAR (for herself, Mr. Franken, and Mr. Hoeven) 
submitted an amendment intended to be proposed by her to the bill S. 
1392, to promote energy savings in residential buildings and industry, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 48, after line 16, add the following:

     SEC. 4___. COORDINATION OF REFINERY OUTAGES.

       Section 804 of the Energy Independence and Security Act of 
     2007 (42 U.S.C. 17283) is amended to read as follows:

     ``SEC. 804. COORDINATION OF REFINERY OUTAGES.

       ``(a) Definitions.--In this section:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Energy Information Administration.
       ``(2) Planned refinery outage.--The term `planned refinery 
     outage' means a removal, scheduled before the date on which 
     the removal occurs, of a refinery, or any unit of a refinery, 
     from service for maintenance, repair, or modification.
       ``(3) Refined petroleum product.--The term `refined 
     petroleum product' means any gasoline, diesel fuel, fuel oil, 
     lubricating oil, liquid petroleum gas, or other petroleum 
     distillate that is produced through the refining or 
     processing of crude oil or an oil derived from tar sands, 
     shale, or coal.
       ``(4) Refinery.--The term `refinery' means a facility used 
     in the production of a refined petroleum product through 
     distillation, cracking, or any other process.
       ``(5) Unplanned refinery outage.--The `unplanned refinery 
     outage' means the removal of a refinery, or any unit of a 
     refinery, from service that is not scheduled in advance.
       ``(b) Reporting Requirement.--The owner or operator of a 
     refinery shall submit to the Administrator information 
     describing--
       ``(1) the schedule of the refinery for any planned refinery 
     outage, including--
       ``(A) the dates for the planned refinery outage at least 1 
     year in advance of the date of the expected outage or the 
     date the outage is scheduled; and
       ``(B) the estimated inventories and production of refined 
     petroleum products during the period described in 
     subparagraph (A); and
       ``(2) any unplanned refinery outages as soon as practicable
       ``(c) Review and Analysis of Available Information.--The 
     Administrator shall, on an ongoing basis--
       ``(1) review information on planned refinery outages and 
     unplanned refinery outages--
       ``(A) reported by refineries under subsection (b); and
       ``(B) that is available from commercial reporting services;
       ``(2) analyze that information to determine whether the 
     scheduling of a planned refinery outage or an unplanned 
     refinery outage may nationally or regionally substantially 
     affect the price or supply of any refined petroleum product 
     by--
       ``(A) decreasing the production of the refined petroleum 
     product; and
       ``(B) causing or contributing to a retail or wholesale 
     supply shortage or disruption; and
       ``(3) alert the Secretary of any refinery outage that the 
     Administrator determines may nationally or regionally 
     substantially affect the price or supply of a refined 
     petroleum product.
       ``(d) Action by Secretary.--On a determination by the 
     Secretary that a refinery outage may affect the price or 
     supply of a refined petroleum product, the Secretary shall 
     make available to refinery operators information on planned 
     refinery outages or unplanned refinery outages to prevent 
     significant market disruptions.
       ``(e) Limitation.--Nothing in this section--
       ``(1) alters any existing legal obligation or 
     responsibility of a refinery operator;
       ``(2) creates any legal right of action; or
       ``(3) authorizes the Secretary--
       ``(A) to prohibit a refinery operator from conducting a 
     planned refinery outage; or
       ``(B) to require a refinery operator to continue to operate 
     a refinery.
       ``(f) Study on National Strategic Refined Petroleum 
     Products Reserve.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Secretary shall study 
     and submit to Congress a report on the costs and benefits of 
     creating a national strategic refined petroleum products 
     reserve for refined petroleum products.
       ``(2) Information.--The report required under paragraph (1) 
     shall include information on--
       ``(A) the days of existing storage capabilities within the 
     different petroleum administration defense districts based on 
     normal usage of refined petroleum products;
       ``(B) the feasibility of increasing storage capacity for 
     refined petroleum products on a regional basis; and
       ``(C) the impact additional storage capacity would have on 
     the retail price of refined petroleum products for consumers 
     in the event of a supply shortage or market disruption from a 
     natural disaster or refinery outage.''.
                                 ______
                                 
  SA 1957. Mr. UDALL of New Mexico (for himself, Mr. Udall of Colorado, 
Mr. Cardin, and Mr. Markey) submitted an amendment intended to be 
proposed by him to the bill S. 1392, to promote energy savings in 
residential buildings and industry, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the beginning of title IV, insert the following:

     SEC. 4__. RENEWABLE ELECTRICITY STANDARD.

       (a) In General.--Title VI of the Public Utility Regulatory 
     Policies Act of 1978 (16 U.S.C. 2601 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 610. RENEWABLE ELECTRICITY STANDARD.

       ``(a) Definitions.--In this section:
       ``(1) Base quantity of electricity.--
       ``(A) In general.--The term `base quantity of electricity' 
     means the total quantity of electric energy sold by a retail 
     electric supplier, expressed in terms of kilowatt hours, to 
     electric customers for purposes other than resale during the 
     most recent calendar year for which information is available.
       ``(B) Exclusions.--The term `base quantity of electricity' 
     does not include--
       ``(i) electric energy that is not incremental hydropower 
     generated by a hydroelectric facility; and
       ``(ii) electricity generated through the incineration of 
     municipal solid waste.
       ``(2) Biomass.--
       ``(A) In general.--The term `biomass' means--
       ``(i) cellulosic (plant fiber) organic materials from a 
     plant that is planted for the purpose of being used to 
     produce energy;
       ``(ii) nonhazardous plant or algal matter that is derived 
     from--

       ``(I) an agricultural crop, crop byproduct, or residue 
     resource; or
       ``(II) waste, such as landscape or right-of-way trimmings 
     (but not including municipal solid waste, recyclable 
     postconsumer waste paper, painted, treated, or pressurized 
     wood, wood contaminated with plastic, or metals);

       ``(iii) animal waste or animal byproducts; and
       ``(iv) landfill methane.
       ``(B) National forest land and certain other public land.--
     In the case of organic material removed from National Forest 
     System land or from public land administered by the Secretary 
     of the Interior, the term `biomass' means only organic 
     material from--
       ``(i) ecological forest restoration;
       ``(ii) precommercial thinnings;
       ``(iii) brush;
       ``(iv) mill residues; or
       ``(v) slash.
       ``(C) Exclusion of certain federal land.--Notwithstanding 
     subparagraph (B),

[[Page S6606]]

     the term `biomass' does not include material or matter that 
     would otherwise qualify as biomass if the material or matter 
     is located on the following Federal land:
       ``(i) Federal land containing old growth forest or late 
     successional forest unless the Secretary of the Interior or 
     the Secretary of Agriculture determines that the removal of 
     organic material from the land--

       ``(I) is appropriate for the applicable forest type; and
       ``(II) maximizes the retention of--

       ``(aa) late-successional and large and old growth trees;
       ``(bb) late-successional and old growth forest structure; 
     and
       ``(cc) late-successional and old growth forest composition.
       ``(ii) Federal land on which the removal of vegetation is 
     prohibited, including components of the National Wilderness 
     Preservation System.
       ``(iii) Wilderness study areas.
       ``(iv) Inventoried roadless areas.
       ``(v) Components of the National Landscape Conservation 
     System.
       ``(vi) National Monuments.
       ``(3) Existing facility.--The term `existing facility' 
     means a facility for the generation of electric energy from a 
     renewable energy resource that is not an eligible facility.
       ``(4) Incremental hydropower.--The term `incremental 
     hydropower' means additional generation that is achieved from 
     increased efficiency or additions of capacity made on or 
     after--
       ``(A) the date of enactment of this section; or
       ``(B) the effective date of an existing applicable State 
     renewable portfolio standard program at a hydroelectric 
     facility that was placed in service before that date.
       ``(5) Indian land.--The term `Indian land' means--
       ``(A) any land within the limits of any Indian reservation, 
     pueblo, or rancheria;
       ``(B) any land not within the limits of any Indian 
     reservation, pueblo, or rancheria title to which was on the 
     date of enactment of this section held by--
       ``(i) the United States for the benefit of any Indian tribe 
     or individual; or
       ``(ii) any Indian tribe or individual subject to 
     restriction by the United States against alienation;
       ``(C) any dependent Indian community; or
       ``(D) any land conveyed to any Alaska Native corporation 
     under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
     et seq.).
       ``(6) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, nation, or other organized group or 
     community, including any Alaskan Native village or regional 
     or village corporation as defined in or established pursuant 
     to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.), that is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians.
       ``(7) Renewable energy.--The term `renewable energy' means 
     electric energy generated by a renewable energy resource.
       ``(8) Renewable energy resource.--The term `renewable 
     energy resource' means solar, wind, ocean, tidal, geothermal 
     energy, biomass, landfill gas, incremental hydropower, or 
     hydrokinetic energy.
       ``(9) Repowering or cofiring increment.--The term 
     `repowering or cofiring increment' means--
       ``(A) the additional generation from a modification that is 
     placed in service on or after the date of enactment of this 
     section, to expand electricity production at a facility used 
     to generate electric energy from a renewable energy resource;
       ``(B) the additional generation above the average 
     generation during the 3-year period ending on the date of 
     enactment of this section at a facility used to generate 
     electric energy from a renewable energy resource or to cofire 
     biomass that was placed in service before the date of 
     enactment of this section; or
       ``(C) the portion of the electric generation from a 
     facility placed in service on or after the date of enactment 
     of this section, or a modification to a facility placed in 
     service before the date of enactment of this section made on 
     or after January 1, 2001, associated with cofiring biomass.
       ``(10) Retail electric supplier.--
       ``(A) In general.--The term `retail electric supplier' 
     means a person that sells electric energy to electric 
     consumers 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) Inclusion.--The term `retail electric supplier' 
     includes a person that sells electric energy to electric 
     consumers that, in combination with the sales of any 
     affiliate organized after the date of enactment of this 
     section, sells not less than 1,000,000 megawatt hours of 
     electric energy to consumers for purposes other than resale.
       ``(C) Sales to parent companies or affiliates.--For 
     purposes of this paragraph, sales by any person to a parent 
     company or to other affiliates of the person shall not be 
     treated as sales to electric consumers.
       ``(D) Governmental agencies.--
       ``(i) In general.--Except as provided in clause (ii), the 
     term `retail electric supplier' does not include--

       ``(I) the United States, a State, any political subdivision 
     of a State, or any agency, authority, or instrumentality of 
     the United States, State, or political subdivision; or
       ``(II) a rural electric cooperative.

       ``(ii) Inclusion.--The term `retail electric supplier' 
     includes an entity that is a political subdivision of   a 
     State, or an agency, authority, or instrumentality of the 
     United States, a State, a political subdivision of a State, a 
     rural electric cooperative that sells electric energy to 
     electric consumers, or any other entity that sells electric 
     energy to electric consumers that would not otherwise qualify 
     as a retail electric supplier if the entity notifies the 
     Secretary that the entity voluntarily agrees to participate 
     in the Federal renewable electricity standard program.
       ``(b) Compliance.--For calendar year 2014 and each calendar 
     year thereafter, each retail electric supplier shall meet the 
     requirements of subsection (c) by submitting to the 
     Secretary, not later than April 1 of the following calendar 
     year, 1 or more of the following:
       ``(1) Federal renewable energy credits issued under 
     subsection (e).
       ``(2) Certification of the renewable energy generated and 
     electricity savings pursuant to the funds associated with 
     State compliance payments as specified in subsection 
     (e)(4)(G).
       ``(3) Alternative compliance payments pursuant to 
     subsection (h).
       ``(c) Required Annual Percentage.--For each of calendar 
     years 2014 through 2039, the required annual percentage of 
     the base quantity of electricity of a retail electric 
     supplier that shall be generated from renewable energy 
     resources, or otherwise credited towards the percentage 
     requirement pursuant to subsection (d), shall be the 
     applicable percentage specified in the following table:

                                                        Required Amount
``Calendar Years                                             percentage
  2014..............................................................6.0

  2015..............................................................8.5

  2016.............................................................11.0

  2017.............................................................11.0

  2018.............................................................14.0

  2019.............................................................14.0

  2020.............................................................17.5

  2021.............................................................17.5

  2022.............................................................21.0

  2023.............................................................21.0

  2024.............................................................23.0

  2025 and thereafter through 2039................................25.0.
       ``(d) Renewable Energy Credits.--
       ``(1) In general.--A retail electric supplier may satisfy 
     the requirements of subsection (b)(1) through the submission 
     of Federal renewable energy credits--
       ``(A) issued to the retail electric supplier under 
     subsection (e);
       ``(B) obtained by purchase or exchange under subsection 
     (f); or
       ``(C) borrowed under subsection (g).
       ``(2) Federal renewable energy credits.--A Federal 
     renewable energy credit may be counted toward compliance with 
     subsection (b)(1) only once.
       ``(e) Issuance of Federal Renewable Energy Credits.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall establish by 
     rule a program--
       ``(A) to verify and issue Federal renewable energy credits 
     to generators of renewable energy;
       ``(B) to track the sale, exchange, and retirement of the 
     credits; and
       ``(C) to enforce the requirements of this section.
       ``(2) Existing non-federal tracking systems.--To the 
     maximum extent practicable, in establishing the program, the 
     Secretary shall rely on existing and emerging State or 
     regional tracking systems that issue and track non-Federal 
     renewable energy credits.
       ``(3) Application.--
       ``(A) In general.--An entity that generates electric energy 
     through the use of a renewable energy resource may apply to 
     the Secretary for the issuance of renewable energy credits.
       ``(B) Eligibility.--To be eligible for the issuance of the 
     credits, the applicant shall demonstrate to the Secretary 
     that--
       ``(i) the electric energy will be transmitted onto the 
     grid; or
       ``(ii) in the case of a generation offset, the electric 
     energy offset would have otherwise been consumed onsite.
       ``(C) Contents.--The application shall indicate--
       ``(i) the type of renewable energy resource that is used to 
     produce the electricity;
       ``(ii) the location at which the electric energy will be 
     produced; and
       ``(iii) any other information the Secretary determines 
     appropriate.
       ``(4) Quantity of federal renewable energy credits.--
       ``(A) In general.--Except as otherwise provided in this 
     paragraph, the Secretary shall issue to a generator of 
     electric energy 1 Federal renewable energy credit for each 
     kilowatt hour of electric energy generated by the use of a 
     renewable energy resource at an eligible facility.
       ``(B) Incremental hydropower.--

[[Page S6607]]

       ``(i) In general.--For purpose of compliance with this 
     section, Federal renewable energy credits for incremental 
     hydropower shall be based on the increase in average annual 
     generation resulting from the efficiency improvements or 
     capacity additions.
       ``(ii) Water flow information.--The incremental generation 
     shall be calculated using the same water flow information 
     that is--

       ``(I) used to determine a historic average annual 
     generation baseline for the hydroelectric facility; and
       ``(II) certified by the Secretary or the Federal Energy 
     Regulatory Commission.

       ``(iii) Operational changes.--The calculation of the 
     Federal renewable energy credits for incremental hydropower 
     shall not be based on any operational changes at the 
     hydroelectric facility that is not directly associated with 
     the efficiency improvements or capacity additions.
       ``(C) Indian land.--
       ``(i) In general.--The Secretary shall issue 2 renewable 
     energy credits for each kilowatt hour of electric energy 
     generated and supplied to the grid in a calendar year through 
     the use of a renewable energy resource at an eligible 
     facility located on Indian land.
       ``(ii) Biomass.--For purposes of this paragraph, renewable 
     energy generated by biomass cofired with other fuels is 
     eligible for 2 credits only if the biomass was grown on the 
     land.
       ``(D) On-site eligible facilities.--
       ``(i) In general.--In the case of electric energy generated 
     by a renewable energy resource at an on-site eligible 
     facility that is not larger than 1 megawatt in capacity and 
     is used to offset all or part of the requirements of a 
     customer for electric energy, the Secretary shall issue 3 
     renewable energy credits to the customer for each kilowatt 
     hour generated.
       ``(ii) Indian land.--In the case of an on-site eligible 
     facility on Indian land, the Secretary shall issue not more 
     than 3 credits per kilowatt hour.
       ``(E) Combination of renewable and nonrenewable energy 
     resources.--If both a renewable energy resource and a 
     nonrenewable energy resource are used to generate the 
     electric energy, the Secretary shall issue the Federal 
     renewable energy credits based on the proportion of the 
     renewable energy resources used.
       ``(F) Retail electric suppliers.--If a generator has sold 
     electric energy generated through the use of a renewable 
     energy resource to a retail electric supplier under a 
     contract for power from an existing facility and the contract 
     has not determined ownership of the Federal renewable energy 
     credits associated with the generation, the Secretary shall 
     issue the Federal renewable energy credits to the retail 
     electric supplier for the duration of the contract.
       ``(G) Compliance with state renewable portfolio standard 
     programs.--Payments made by a retail electricity supplier, 
     directly or indirectly, to a State for compliance with a 
     State renewable portfolio standard program, or for an 
     alternative compliance mechanism, shall be valued at 1 credit 
     per kilowatt hour for the purpose of subsection (b)(2) based 
     on the quantity of electric energy generation from renewable 
     resources that results from the payments.
       ``(f) Renewable Energy Credit Trading.--
       ``(1) In general.--A Federal renewable energy credit may be 
     sold, transferred, or exchanged by the entity to whom the 
     credit is issued or by any other entity that acquires the 
     Federal renewable energy credit, other than renewable energy 
     credits from existing facilities.
       ``(2) Carryover.--A Federal renewable energy credit for any 
     year that is not submitted to satisfy the minimum renewable 
     generation requirement of subsection (c) for that year may be 
     carried forward for use pursuant to subsection (b)(1) within 
     the next 3 years.
       ``(3) Delegation.--The Secretary may delegate to an 
     appropriate market-making entity the administration of a 
     national tradeable renewable energy credit market for 
     purposes of creating a transparent national market for the 
     sale or trade of renewable energy credits.
       ``(g) Renewable Energy Credit Borrowing.--
       ``(1) In general.--Not later than December 31, 2014, a 
     retail electric supplier that has reason to believe the 
     retail electric supplier will not be able to fully comply 
     with subsection (b) may--
       ``(A) submit a plan to the Secretary demonstrating that the 
     retail electric supplier will earn sufficient Federal 
     renewable energy credits within the next 3 calendar years 
     that, when taken into account, will enable the retail 
     electric supplier to meet the requirements of subsection (b) 
     for calendar year 2014 and the subsequent calendar years 
     involved; and
       ``(B) on the approval of the plan by the Secretary, apply 
     Federal renewable energy credits that the plan demonstrates 
     will be earned within the next 3 calendar years to meet the 
     requirements of subsection (b) for each calendar year 
     involved.
       ``(2) Repayment.--The retail electric supplier shall repay 
     all of the borrowed Federal renewable energy credits by 
     submitting an equivalent number of Federal renewable energy 
     credits, in addition to the credits otherwise required under 
     subsection (b), by calendar year 2022 or any earlier 
     deadlines specified in the approved plan.
       ``(h) Alternative Compliance Payments.--As a means of 
     compliance under subsection (b)(4), the Secretary shall 
     accept payment equal to the lesser of--
       ``(1) 200 percent of the average market value of Federal 
     renewable energy credits and Federal energy efficiency 
     credits for the applicable compliance period; or
       ``(2) 3 cents per kilowatt hour (as adjusted on January 1 
     of each year following calendar year 2006 based on the 
     implicit price deflator for the gross national product).
       ``(i) Information Collection.--The Secretary may collect 
     the information necessary to verify and audit--
       ``(1)(A) the annual renewable energy generation of any 
     retail electric supplier; and
       ``(B) Federal renewable energy credits submitted by a 
     retail electric supplier pursuant to subsection (b)(1);
       ``(2) the validity of Federal renewable energy credits 
     submitted for compliance by a retail electric supplier to the 
     Secretary; and
       ``(3) the quantity of electricity sales of all retail 
     electric suppliers.
       ``(j) Environmental Savings Clause.--Incremental hydropower 
     shall be subject to all applicable environmental laws and 
     licensing and regulatory requirements.
       ``(k) State Programs.--
       ``(1) In general.--Nothing in this section diminishes any 
     authority of a State or political subdivision of a State--
       ``(A) to adopt or enforce any law (including regulations) 
     respecting renewable energy, including programs that exceed 
     the required quantity of renewable energy under this section; 
     or
       ``(B) to regulate the acquisition and disposition of 
     Federal renewable energy credits by retail electric 
     suppliers.
       ``(2) Compliance with section.--No law or regulation 
     referred to in paragraph (1)(A) shall relieve any person of 
     any requirement otherwise applicable under this section.
       ``(3) Coordination with state program.--The Secretary, in 
     consultation with States that have in effect renewable energy 
     programs, shall--
       ``(A) preserve the integrity of the State programs, 
     including programs that exceed the required quantity of 
     renewable energy under this section; and
       ``(B) facilitate coordination between the Federal program 
     and State programs.
       ``(4) Existing renewable energy programs.--In the 
     regulations establishing the program under this section, the 
     Secretary shall incorporate common elements of existing 
     renewable energy programs, including State programs, to 
     ensure administrative ease, market transparency and effective 
     enforcement.
       ``(5) Minimization of administrative burdens and costs.--In 
     carrying out this section, the Secretary shall work with the 
     States to minimize administrative burdens and costs to retail 
     electric suppliers.
       ``(l) Recovery of Costs.--An electric utility that has 
     sales of electric energy that are subject to rate regulation 
     (including any utility with rates that are regulated by the 
     Commission and any State regulated electric utility) shall 
     not be denied the opportunity to recover the full amount of 
     the prudently incurred incremental cost of renewable energy 
     obtained to comply with the requirements of subsection (b).
       ``(m) Program Review.--
       ``(1) In general.--The Secretary shall enter into an 
     arrangement with the National Academy of Sciences under which 
     the Academy shall conduct a comprehensive evaluation of all 
     aspects of the program established under this section.
       ``(2) Evaluation.--The study shall include an evaluation 
     of--
       ``(A) the effectiveness of the program in increasing the 
     market penetration and lowering the cost of the eligible 
     renewable energy technologies;
       ``(B) the opportunities for any additional technologies and 
     sources of renewable energy emerging since the date of 
     enactment of this section;
       ``(C) the impact on the regional diversity and reliability 
     of supply sources, including the power quality benefits of 
     distributed generation;
       ``(D) the regional resource development relative to 
     renewable potential and reasons for any investment in 
     renewable resources; and
       ``(E) the net cost/benefit of the renewable electricity 
     standard to the national and State economies, including--
       ``(i) retail power costs;
       ``(ii) the economic development benefits of investment;
       ``(iii) avoided costs related to environmental and 
     congestion mitigation investments that would otherwise have 
     been required;
       ``(iv) the impact on natural gas demand and price; and
       ``(v) the effectiveness of green marketing programs at 
     reducing the cost of renewable resources.
       ``(3) Report.--Not later than January 1, 2018, the 
     Secretary shall transmit to Congress a report describing the 
     results of the evaluation and any recommendations for 
     modifications and improvements to the program.
       ``(n) State Renewable Energy Account.--
       ``(1) In general.--There is established in the Treasury a 
     State renewable energy account.
       ``(2) Deposits.--All money collected by the Secretary from 
     the alternative compliance payments under subsection (h) 
     shall be deposited into the State renewable energy account 
     established under paragraph (1).
       ``(3) Grants.--

[[Page S6608]]

       ``(A) In general.--Proceeds deposited in the State 
     renewable energy account shall be used by the Secretary, 
     subject to annual appropriations, for a program to provide 
     grants--
       ``(i) to the State agency responsible for administering a 
     fund to promote renewable energy generation for customers of 
     the State or an alternative agency designated by the State; 
     or
       ``(ii) if no agency described in clause (i), to the State 
     agency developing State energy conservation plans under 
     section 362 of the Energy Policy and Conservation Act (42 
     U.S.C. 6322).
       ``(B) Use.--The grants shall be used for the purpose of--
       ``(i) promoting renewable energy production; and
       ``(ii) providing energy assistance and weatherization 
     services to low-income consumers.
       ``(C) Criteria.--The Secretary may issue guidelines and 
     criteria for grants awarded under this paragraph.
       ``(D) State-approved funding mechanisms.--At least 75 
     percent of the funds provided to each State for each fiscal 
     year shall be used to promote renewable energy production 
     through grants, production incentives, or other State-
     approved funding mechanisms.
       ``(E) Allocation.--The funds shall be allocated to the 
     States on the basis of retail electric sales subject to the 
     renewable electricity standard under this section or through 
     voluntary participation.
       ``(F) Records.--State agencies receiving grants under this 
     paragraph shall maintain such records and evidence of 
     compliance as the Secretary may require.''.
       (b) Table of Contents Amendment.--The table of contents of 
     the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 
     prec. 2601) is amended by adding at the end of the items 
     relating to title VI the following:

``Sec. 609. Rural and remote communities electrification grants.
``Sec. 610. Renewable electricity standard.''.

                          ____________________