S.Amdt. 4907

1. Rewrites section 552(b)

   Replaces

   Removes section 552(b).

   Inserted: (b) Calculation.--

   Inserted: (1) Definitions.--In this subsection:

   Inserted: (A) Fossil fuel-fired electric generator.--The term "fossil fuel-fired electric generator" means any electric generating facility that--

   Inserted: (i) combusts fossil fuel, alone or in combination with any other fuel, in any case in which the quantity of fossil fuel combusted comprises, or is projected to comprise, more than 20 percent of the annual heat input of the electric generating facility, on a Btu basis, during any calendar year; and

   Inserted: (ii) has commenced operation prior to the date of enactment of this Act.

   Inserted: (B) Incremental nuclear generation.--The term "incremental nuclear generation" means, as determined by the Administrator and measured in megawatt hours, the difference between--

   Inserted: (i) the quantity of electricity generated by a nuclear generating unit during a calendar year; and

   Inserted: (ii) the quantity of electricity generated by the nuclear generating unit during the calendar year of enactment of this Act.

   Inserted: (C) New electric generating entrant.--The term "new electric generating entrant" means--

   Inserted: (i) a fossil fuel-fired electric generator that--

   Inserted: (I) has a nameplate capacity of greater than 25 megawatts;

   Inserted: (II) produces electricity for sale; and

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   Inserted: (III) commences operation after the date of enactment of this Act;

   Inserted: (ii) with respect to incremental nuclear generation, a nuclear generating facility that uses nuclear energy to produce electricity for sale; and

   Inserted: (iii) a renewable energy unit that--

   Inserted: (I) produces electricity for sale; and

   Inserted: (II) commences operation after the date of enactment of this Act.

   Inserted: (D) Renewable energy unit.--The term "renewable energy unit" means an electric generating facility that uses solar energy, wind, incremental hydropower, biomass, landfill gas, livestock methane, ocean waves, geothermal energy, or fuel cells powered with a renewable energy source.

   Inserted: (2) Allocation methodology.--

   Inserted: (A) Fossil fuel-fired electric generators.--In establishing the system under subsection (a), with respect to fossil fuel-fired electric generators, the Administrator shall base the system on the annual quantity of electricity generated by each fossil fuel-fired electric generator during the most recent 3-calendar year period for which data are available, updated each calendar year and measured in megawatt hours.

   Inserted: (B) New electric generating entrants.--In establishing the system under subsection (a), with respect to new electric generating entrants, the Administrator shall--

   Inserted: (i) for each of calendar years 2012 through 2030, provide for the allocation of a percentage of the emission allowances allocated by section 551 to new electric generating entrants; and

   Inserted: (ii) base the system on projections of electricity output from each new electric generating entrant.

   Inserted: (3) Sense of senate regarding future allocations.--It is the sense of the Senate that if the Administrator establishes a cap and trade program for any additional pollutant for electric generating facilities, the allocation methodology for the program should be based on the annual quantity of electricity generated by the electric generating facility during the most recent 3-calendar year period for which data are available, updated each calendar year and measured in megawatt hours.

   Original wording

   In section 552, strike subsection (b) and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed