[Congressional Record Volume 166, Number 42 (Tuesday, March 3, 2020)]
[Senate]
[Page S1416]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1437. Mr. BOOKER (for himself, Mr. Whitehouse, Mr. Casey, and Mr. 
Van Hollen) submitted an amendment intended to be proposed to amendment 
SA 1407 submitted by Ms. Murkowski and intended to be proposed to the 
bill S. 2657, to support innovation in advanced geothermal research and 
development, and for other purposes; which was ordered to lie on the 
table; as follows:

        At the end of title II, add the following:

            Subtitle D--Federal Energy Regulatory Commission

     SEC. 24__. RATES.

       Section 205 of the Federal Power Act (16 U.S.C. 824d) is 
     amended by adding at the end the following:
       ``(h) State Environmental Policies.--
       ``(1) Definition of covered state public policy resource.--
     In this subsection, the term `covered State public policy 
     resource' means a resource that is procured through, or 
     supported by, State environmental policies.
       ``(2) Rate approval and determinations.--The Commission 
     shall not approve a rate under this part or otherwise 
     determine that a rate is just and reasonable or is not unduly 
     discriminatory or preferential if, through the adoption of a 
     minimum offer price rule or other market mechanism requiring 
     a covered State public policy resource to bid into a market 
     or auction at an amount above the actual going forward costs 
     of the resource, the rate prevents a covered State public 
     policy resource from being able to clear in a capacity 
     auction or an energy market auction.''.
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