Sec. 206. State programs
552 words·~3 min read·
/bill/117/hr/1512/ih/section-206·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided in paragraph (2), nothing in this subtitle affects the authority of a State or a political subdivision of a State to adopt or enforce any law or regulation relating to— clean energy or renewable energy; the regulation of a retail electricity supplier; or greenhouse gas emissions No law or regulation of a State or a political subdivision of a State may relieve a retail electricity supplier from compliance with an applicable requirement of this title. The Administrator, in consultation with States that have clean energy programs or renewable energy programs in effect, shall facilitate, to the maximum extent practicable, coordination between the implementation of this subtitle and the relevant State clean energy program or renewable energy program.
The Administrator, in consultation with States that have State clean energy programs or renewable energy programs in effect, shall determine whether each such State is implementing a more stringent State clean energy program. The Administrator shall make a determination under subparagraph (A)— not later than January 1, 2022, with respect to a State clean energy or renewable energy program in effect on the date of enactment of this Act, and every 5 years thereafter; and not later than 6 months after the date of the enactment by a State, after the date of enactment of this Act, of a new or modified existing clean energy or renewable energy program, and every 5 years thereafter.
A determination under this paragraph shall be effective until the earlier of— the date that is 5 years after the date of the determination; or the date on which the Administrator makes a subsequent determination under this paragraph with respect to the applicable State program. If the Administrator determines, under paragraph (1), that a State has a more stringent State clean energy program, a retail electricity supplier that is subject to and in compliance with such more stringent State clean energy program shall be deemed to be in compliance with the requirements of this title for the period during which the determination is effective.
The Administrator, in consultation with States implementing a more stringent State clean energy program, shall promulgate regulations prohibiting the issuance of a zero-emission electricity credit under this subtitle for an amount of electric energy for which one or more State clean energy credits are issued under, and used for compliance with, a more stringent State clean energy program. The Administrator shall not refuse to issue or accept submission of a zero-emission electricity credit because the same megawatt-hour of zero-emission electricity associated with such credit is also used for compliance with a State law in a State that does not have a more stringent State clean energy program.
In this section: The term State clean energy credit means a certificate corresponding to the electricity generated from renewable or other zero-emission electricity sources that is issued under a law enacted by a State. The term more stringent State clean energy program means a law of a State that— is demonstrated to the satisfaction of the Administrator to result in a greater percentage of qualified energy deployment than would be achieved in the State under this subtitle over a 5-year period; and includes compliance mechanisms, including the imposition of penalties, that are at least as effective in enforcing compliance as the system of enforcement under this title.