IN THE SENATE OF THE UNITED STATES
September 29, 2010
Mr. Sanders (for himself, Mr. Harkin, Mr. Whitehouse, Mr. Leahy, and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
To amend the Public Utility Regulatory Policies Act of 1978 to clarify the authority of States to adopt renewable energy incentives.
This Act may be cited as
Let the States Innovate on
Sustainable Energy Act of 2010.
Clarification of State authority to adopt renewable energy incentives
Section 210 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 824a–3) is amended by adding at the end the following:
Clarification of State authority To adopt renewable energy incentives
Definition of State-approved production incentive program
In this subsection, the term State-approved production incentive program means a requirement imposed pursuant to State law, or by a State regulatory authority acting within the authority of the State regulatory authority under State law, that an electric utility purchase renewable energy (as defined in section 609(a)) at a specified rate.
Notwithstanding any other provision of this Act or the Federal Power Act (16 U.S.C. 791a et seq.), a State legislature or regulatory authority may set the rates for a sale of electric energy by a facility generating electric energy from renewable energy sources pursuant to a State-approved production incentive program under which the facility voluntarily sells electric energy.