Sec. 30411. Clean Electricity Performance Program
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In addition to amounts otherwise available, there is appropriated to the Secretary of Energy for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $250,000,000, to remain available until September 30, 2031 (except that no funds shall be disbursed after September 30, 2031), for the administrative expenses of carrying out section 224 of the Federal Power Act (as added by this section). In addition to amounts otherwise available, there is appropriated to the Secretary of Energy for each of fiscal years 2023 through 2031, out of any money in the Treasury not otherwise appropriated, such sums as are necessary to issue grants under section 224 of the Federal Power Act (as added by this section) (except that no funds shall be disbursed after September 30, 2031).
Part II of the Federal Power Act is amended by adding after section 223 ( 16 U.S.C. 824w ) the following: Not later than 1 year after the date of enactment of this section, the Secretary shall establish a program to— issue grants for each of calendar years 2023 through 2030 to eligible electricity suppliers in accordance with this section; and collect payments for each of calendar years 2023 through 2030 from eligible electricity suppliers in accordance with this section. Except as provided in subparagraph (B), an eligible electricity supplier shall be eligible for a grant under this section for a performance year if the certified clean electricity percentage of the eligible electricity supplier for that performance year is increased by at least 4 percentage points from the greater of— the highest certified clean electricity percentage of the eligible electricity supplier for any year prior to that performance year; or the baseline clean electricity percentage of the eligible electricity supplier.
With respect to a performance year in which an eligible electricity supplier submitted a payment under this section for the year prior to that performance year, the eligible electricity supplier shall be eligible for a grant under this section if the certified clean electricity percentage of the eligible electricity supplier for that performance year is increased by at least— the number of percentage points described in subparagraph (A); plus the number of percentage points that equals the sum described in subsection (c)(2)(B) for the year for which the payment was submitted.
Except as provided in subsection (d), the Secretary shall issue to an eligible electricity supplier a grant under this section for a performance year in an amount equal to $150 for each megawatt-hour of qualified clean electricity validly claimed by the eligible electricity supplier under subsection (e)(1)(A)(i) for that performance year that exceeds the sum of— the product obtained by multiplying— the total load of the eligible electricity supplier for that performance year; and 0.015; and the greater of— the largest quantity of megawatt-hours of qualified clean electricity claimed by the eligible electricity supplier under subsection (e)(1)(A)(i) for any year prior to that performance year; or the quantity of megawatt-hours represented by the baseline clean electricity percentage of the eligible electricity supplier.
In calculating a grant for performance year 2023, the product described in paragraph (2)(A) shall be obtained by substituting 0.025 for 0.015. Except as provided in paragraph
(3)and subsection (d), the Secretary shall collect a payment for a performance year in accordance with this subsection from each eligible electricity supplier that does not have a certified clean electricity percentage for that performance year that is increased by at least 4 percentage points above the greater of— the highest certified clean electricity percentage of the eligible electricity supplier from any year prior to that performance year; or the baseline clean electricity percentage of the eligible electricity supplier. For each eligible electricity supplier, the payment described in paragraph
(1)shall be equal to the dollar amount that is the product obtained by multiplying— $40; and the quantity of megawatt-hours that represents the percentage of the total electricity load of the eligible electricity supplier for the performance year that is represented by the number that equals the sum of— 4; plus the number that is equal to— the greater of— the highest certified clean electricity percentage of the eligible electricity supplier for any year prior to that performance year; or the baseline clean electricity percentage of the eligible electricity supplier; minus the certified clean electricity percentage of the eligible electricity supplier for that performance year. The Secretary shall not collect a payment for a performance year from an eligible electricity supplier that has a certified clean electricity percentage for that performance year that is 85 percent or greater, subject to the condition that the certified clean electricity percentage of the eligible electricity supplier for that performance year is not less than the certified clean electricity percentage of the eligible electricity supplier for the year prior to that performance year. The Secretary shall collect a payment under this section from an eligible electricity supplier not later than 6 months after the date on which the eligible electricity supplier submits the applicable certification under subsection (e)(1)(A)(i). An eligible electricity supplier may not recover the cost of a payment submitted under this section from any person other than the shareholders or owners of the eligible electricity supplier. Subject to paragraph (2), with respect to any of calendar years 2023 through 2029, an eligible electricity supplier may elect to defer a grant or a payment for the calendar year, and shall notify the Secretary of such election at such time and in such form as the Secretary requires. An eligible electricity supplier may not make an election described in paragraph
(1)for a calendar year if the eligible electricity supplier made that election for the preceding 2 calendar years. An eligible electricity supplier making an election under this subsection shall be eligible for a grant, or shall submit a payment, for a performance year following a deferred year based on whether its certified clean electricity percentage increased, on average, by 4 or more percentage points in that performance year and each consecutive deferred year immediately preceding that performance year. The amount of a grant or payment pursuant to this subsection shall be based on the calculations set forth in subsections
(b)and (c), respectively, adjusted to account for the performance year and each deferred year. In each of calendar years 2024 through 2031, each eligible electricity supplier— shall submit to the Secretary, by a date determined by the Secretary (but not later than June 1)— a performance certification for the preceding calendar year, using such methods and subject to such audit provisions as the Secretary determines appropriate, of— the total electricity load of the eligible electricity supplier in such preceding calendar year; the quantity of megawatt-hours of qualified clean electricity that the eligible electricity supplier claims for such preceding calendar year for purposes of this section; and the percentage of the total electricity load certified under subclause
(I)that is qualified clean electricity claimed under subclause (II); a written assurance that the eligible electricity supplier will promptly report to any applicable commission, board, or governance body that regulates the eligible electricity supplier any grant received or payment submitted by the eligible electricity supplier under this section; and a compliance certification that the eligible electricity supplier has complied, with respect to each grant received or payment submitted by the eligible electricity supplier under this section, as applicable, with— all written assurances submitted under this section; the requirements of paragraph (3); and requirements established by the Secretary to ensure the financial integrity of grants issued and payments collected under this section; and may not receive a grant under this section for a performance year unless the eligible electricity supplier— complies with subparagraph
(A)with respect to that performance year; and submits to the Secretary, for that performance year, a written assurance in accordance with section 803(b)(3) of the Energy Independence and Security Act ( 42 U.S.C. 17282(b)(3) ) (for purposes of which any reference to a grant under that section shall be considered to be a reference to a grant under this section). Each eligible electricity supplier, including each new eligible electricity supplier, shall provide sufficient information to the Secretary, as determined by the Secretary, to establish its baseline clean electricity percentage. An eligible electricity supplier shall use a grant received under this section exclusively for the benefit of the ratepayers of the eligible electricity supplier, including direct bill assistance to ratepayers, investments in qualified clean electricity and energy efficiency, and worker retention. In this section: Except as provided in subparagraph (B), the term baseline clean electricity percentage means, with respect to an eligible electricity supplier, the average percentage of the total electricity load of the eligible electricity supplier for calendar years 2019 and 2020 that is represented by, as determined by the Secretary— the average clean electricity percentage of the eligible electricity supplier for such calendar years; and a share of any unallocated qualified clean electricity for such calendar years. With respect to a new eligible electricity supplier, the term baseline clean electricity percentage means the prevailing average clean electricity percentage of comparable eligible electricity suppliers in the area in which the new eligible electricity supplier provides end-use electricity customers with electricity, as determined by the Secretary. The term carbon dioxide equivalent emissions means, with respect to a greenhouse gas, the number of metric tons of carbon dioxide emissions with the same global warming potential over a 20-year period as 1 metric ton of emissions of the greenhouse gas, as determined by the Secretary, taking into consideration relevant methods and information described in assessment reports prepared by the Intergovernmental Panel on Climate Change. The term carbon intensity means the carbon dioxide equivalent emissions released into the atmosphere from the generation of 1 megawatt-hour of electricity by an electric generating unit, as determined by the Secretary. The term certified clean electricity percentage means, with respect to an eligible electricity supplier, the percentage certified by the eligible electricity supplier under subsection (e)(1)(A)(i)(III), which may only include qualified clean electricity with respect to which the eligible electricity supplier holds the exclusive rights to the qualifying attributes. The term clean electricity percentage means, with respect to an eligible electricity supplier, the percentage of the total electricity load of the eligible electricity supplier that is qualified clean electricity, with respect to which the eligible electricity supplier holds the exclusive rights to the qualifying attributes. The term eligible electricity supplier means, notwithstanding section 201(b)(1), any entity within the United States, including an entity described in section 201(f), that— provides end-use electricity customers with electricity; and is granted the authority or has an obligation pursuant to Federal, State, or local law or regulation to provide electricity to end-use electricity customers. The term new eligible electricity supplier means an eligible electricity supplier that did not provide electricity to end-use electricity customers in both of calendar years 2019 and 2020. The term performance year means the calendar year for which a certification was submitted under subsection (e)(1)(A)(i). The term qualified clean electricity means electricity generated by an electric generating unit, or technology type or class thereof, that has a carbon intensity that is not more than 0.10. The term Secretary means the Secretary of Energy. The term total electricity load means, with respect to an eligible electricity supplier, the total quantity, in megawatt-hours, of electricity provided by the eligible electricity supplier to end-use electricity customers in a calendar year. .
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