SEC. 202. RENEWABLE ENERGY PRODUCTION INCENTIVE.
(a) Incentive Payments- Section 1212(a) of the Energy Policy Act of 1992
(42 U.S.C. 13317(a)) is amended--
(1) by striking the last sentence;
(2) by designating the first, second, and third sentences as paragraphs
(1), (2), and (3), respectively;
(3) in paragraph (3) (as so designated), by striking `and which
satisfies' and all that follows through `deems necessary'; and
(4) by adding at the end the following:
`(4)(A) Subject to subparagraph (B), if there are insufficient
appropriations to make full payments for electric production from all qualified
renewable energy facilities for a fiscal year, the Secretary shall assign--
`(i) 60 percent of appropriated funds for the fiscal year to facilities
that use solar, wind, ocean (including tidal, wave, current, and thermal),
geothermal, or closed-loop (dedicated energy crops) biomass technologies to
generate electricity; and
`(ii) 40 percent of appropriated funds for the fiscal year to other
projects.
`(B) After submitting to Congress an explanation of the reasons for the
alteration, the Secretary may alter the percentage requirements of subparagraph
(A).'.
(b) Qualified Renewable Energy Facility- Section 1212(b) of the Energy
Policy Act of 1992 (42 U.S.C. 13317(b)) is amended--
(1) by striking `a State or any political' and all that follows through
`nonprofit electrical cooperative' and inserting `a not-for-profit electric
cooperative, a public utility described in section 115 of the Internal Revenue Code
of 1986, a State, Commonwealth, territory, or possession of the United States,
or the District of Columbia, or a political subdivision thereof, an Indian
tribal government or subdivision thereof, or a Native Corporation (as defined
in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)),';
and
(2) by inserting `landfill gas, livestock methane, ocean (including
tidal, wave, current, and thermal),' after `wind, biomass,'.
(c) Eligibility Window- Section 1212(c) of the Energy Policy Act of 1992
(42 U.S.C. 13317(c)) is amended by striking `during the 10-fiscal year period
beginning with the first full fiscal year occurring after the enactment of this
section' and inserting `before
(d) Payment Period- Section 1212(d) of the Energy Policy Act of 1992 (42
U.S.C. 13317(d)) is amended in the second sentence by inserting `, or in which
the Secretary determines that all necessary Federal and State authorizations
have been obtained to begin construction of the facility' after `eligible for
such payments'.
(e) Amount of Payment- Section 1212(e)(1) of the Energy Policy Act of
1992 (42 U.S.C. 13317(e)(1)) is amended in the first sentence by inserting
`landfill gas, livestock methane, ocean (including tidal, wave, current, and
thermal),' after `wind, biomass,'.
(f) Termination of Authority- Section 1212(f) of the Energy Policy Act
of 1992 (42 U.S.C. 13317(f)) is amended by striking `the expiration of' and all
that follows through `of this section' and inserting `
(g) Authorization of Appropriations- Section 1212 of the Energy Policy
Act of 1992 (42 U.S.C. 13317) is amended by striking subsection (g) and
inserting the following:
`(g) Authorization of Appropriations- There are authorized to be
appropriated such sums as are necessary to carry out this section for each of
fiscal years 2006 through 2026, to remain available until expended.'.
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