Sec. 206. State programs
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Except as provided in paragraph
(2)and subject to subsection (b), nothing in this title 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 reduction. Except as otherwise provided in this section, 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 State clean energy programs in effect, shall facilitate, to the maximum extent practicable, coordination between the implementation of this title and the relevant State clean energy program. The Administrator, in consultation with States that have State clean energy programs in effect, shall determine whether each such State is a qualified State. The Administrator shall make a determination under subparagraph (A)— not later than January 1, 2022, with respect to a State that has a State clean 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 State clean 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. If the Administrator determines, under paragraph (1), that a State is a qualified State, a retail electricity supplier that is subject to and in compliance with the State clean energy program of such qualified State 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, shall develop a protocol to ensure that a zero-emission electricity credit may not be issued under this title with respect to an amount of electric energy for which one or more State clean energy credits are issued under, and used for compliance with, a State clean energy program in a qualified State. In a State that is not a qualified State, 1 megawatt-hour of zero-emission electricity is eligible to be issued both a State clean energy credit and a zero-emission electricity credit pursuant to this title. Retirement of a State clean energy credit for compliance with a State law in a State that is not a qualified State shall not prevent a retail electricity supplier from submitting a zero-emission electricity credit issued for the same megawatt-hour of zero-emission electricity for compliance with this title. Submission of a zero-emission electricity credit for compliance with this title shall not prevent a retail electricity supplier from retiring a State clean energy credit issued for the same megawatt-hour of qualified electricity generation for compliance with a State law. In this section: The term qualified State means a State— that has a State clean energy program; and in which the retail electricity suppliers in the State, in the aggregate, sell— a quantity of zero-emission electricity that is greater than the quantity of zero-emission electricity represented by the zero-emission electricity credits the retail electricity suppliers, in the aggregate, would otherwise be required to submit under section 202; or of the total amount of electric energy sold in the State, a percentage of zero-emission electricity that is greater than the average minimum percentage of zero-emission electricity required for all retail electricity suppliers under section 202. 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 State clean energy program means one or more State requirements, including laws and regulations— under which retail electricity suppliers in the State are required to sell— a quantity of zero-emission electricity; or of the total amount of electric energy sold in the State, a percentage of zero-emission electricity; and for which there are compliance mechanisms, including the imposition of penalties, that are at least as effective in enforcing compliance with such requirements as the system of enforcement under this title.