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Clean Power Plant and Modernization Act of 1999

United States · United States Congress · 17 November 1999

Clean Power Plant and Modernization Act of 1999 - Requires fossil fuel-fired generating units (units) that commence operation on or before ten years after this Act's enactment date to achieve and maintain a combustion heat rate efficiency of at least 45 percent (based on the higher heating value of the fuel). Sets such percentage at 50 percent for units commencing operation more than ten years after such date, unless granted a waiver. Authorizes units that commence operation more than ten years after this Act's enactment to apply to the Administrator of the Environmental Protection Agency for waivers of the heat rate efficiency standard. Grants such a waiver only if the unit owner or operator: (1) demonstrates that the technology to meet such standard is not commercially available or, despite best technical efforts and willingness to make the financial commitment, the standard is not achievable; and (2) enters into an agreement with the Administrator to offset by a factor of 1.5 to 1, the emission reductions that the unit does not achieve because of the failure to achieve such standard. Requires units receiving waivers to achieve the 45 percent standard. (Sec. 5) Requires units, not later than ten years after this Act's enactment and regardless of the date of construction or commencement of operation, to operate in compliance with new source review requirements under the Clean Air Act (the Act). Establishes specified emission limitations for mercury, carbon dioxide, sulfur dioxide, and nitrogen oxides from units based on the respective efficiency standards. Requires units to obtain permits under the Act that require compliance with such standards and limitations. Directs the Administrator to promulgate fuel sampling and emission monitoring techniques for use by units in calculating mercury emission reductions. Provides for the submission of pollutant-specific reports by owners or operators. Makes facility-specific emission data available to the public. Directs the Administrator to promulgate regulations requiring owners or operators of generating units to disclose to residential consumers of electricity generated by such units data concerning emissions levels. Requires the Administrator to promulgate regulations to ensure that mercury that is captured or recovered is disposed of in a manner that ensures that hazards are not transferred from one environmental medium to another and that there is no release of mercury into the environment. (Sec. 6) Makes certain facilities that use solar power to produce electricity eligible for the renewable energy tax credit. (Sec. 7) Amends Internal Revenue Code provisions relating to excise taxes to impose on covered fossil fuel-fired generating units a tax equal to 30 cents per megawatt hour of electricity produced. Provides for increases in such tax rate as necessary to ensure that the Clean Air Trust Fund established by this Act has sufficient amounts to fully fund authorized activities. Defines a "covered fossil fuel-fired generating unit" as one powered by fossil fuels with a generating capacity of at least five megawatts which is not subject to all regulations under the Act governing new stationary source performance standards because of the date on which it commenced commercial operation. (Sec. 8) Establishes the Clean Air Trust Fund in the Treasury. Appropriates megawatt hour generation taxes (established by this Act) to the Fund. Makes the Fund available for specified activities under this Act. (Sec. 9) Provides for accelerated depreciation and cost recovery for certain investor-owned units. (Sec. 10) Provides for annual grants for capital expenditures for new publicly owned units in compliance with this Act in amounts equal to the depreciation deduction that would be realized by similarly-situated investor-owned units over the applicable time period. (Sec. 11) Expresses the sense of Congress with respect to crediting permanent reductions in carbon dioxide and nitrogen oxide emissions to the utility sector and owners or operators and passing on monetary value accruing from such credits to utility customers in any climate change implementation program enacted by Congress. (Sec. 12) Directs the Secretary of Energy to fund research and development programs and commercial demonstration projects and partnerships to demonstrate the commercial viability and environmental benefits of electric power generation from biomass (excluding unseparated municipal solid waste), geothermal, solar, and wind technologies and from fuel cells. Authorizes appropriations. (Sec. 13) Requires the Secretary, under the Energy Policy Act of 1992, to establish a program to fund projects and partnerships designed to demonstrate the efficiency and environmental benefits of electric power generation from clean coal, advanced gas turbine, and combined heat and power technologies. Authorizes appropriations. (Sec. 14) Requires the Secretary to report to Congress on the implementation of this Act and on provisions of certain energy statutes that conflict with this Act. Provides for recommendations from the Secretary, the Chairman of the Federal Energy Regulatory Commission, and the Administrator for legislative or administrative measures to harmonize and streamline such statutes. (Sec. 15) Authorizes appropriations for: (1) assistance to coal industry workers terminated from employment, and to communities adversely affected, as a result of reduced coal consumption by the electric power generation industry; and (2) development of a carbon sequestration strategy to offset growth in U.S. carbon dioxide emissions and for carrying out methods of biologically sequestering carbon dioxide.

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2000

United States · United States Congress · 17 November 1999

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2000 - Makes appropriations for FY 2000 for the Departments of Labor, Health and Human Services, and Education and related agencies. Title I: Department of Labor - Department of Labor Appropriations Act, 2000 - Makes appropriations for FY 2000 to the Department of Labor for: (1) training and employment services; (2) community service employment for older Americans; (3) Federal unemployment benefits and allowances; (4) State unemployment insurance and employment service operations; (5) advances to the Unemployment Trust Fund and other trust funds; (6) employment and training program administration; (7) the Pension and Welfare Benefits Administration and the Pension Benefit Guaranty Corporation; (8) the Employment Standards Administration; (9) certain special benefits; (10) the Black Lung Disability Trust Fund; (11) the Occupational Safety and Health Administration; (12) the Mine Safety and Health Administration; (13) the Bureau of Labor Statistics; (14) departmental management; (15) the Assistant Secretary for Veterans Employment and Training; and (16) the Office of Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 2000 - Makes appropriations for FY 2000 to the Department of Health and Human Services (HHS) for: (1) the Health Resources and Services Administration; (2) the Medical Facilities Guarantee and Loan Fund for Federal interest subsidies for medical facilities; (3) health education assistance loans; (4) the Vaccine Injury Compensation Program Trust Fund; (5) Centers for Disease Control and Prevention; (6) the National Institutes of Health, including amounts for the John E. Fogarty International Center, the National Library of Medicine, the National Center for Complementary and Alternative Medicine, the Office of the Director, and buildings and facilities; (7) the Substance Abuse and Mental Health Services Administration; (8) the Agency for Health Care Policy and Research; (9) the Health Care Financing Administration for grants to States for Medicaid, payments to health care trust funds, program management, and the Health Maintenance Organization Loan and Loan Guarantee Fund; (10) the Administration for Children and Families for family support payments to States; (11) low income home energy assistance; (12) refugee and entrant assistance; (13) the child care and development block grant; (14) the social services block grant; (15) children and families services programs; (16) promoting safe and stable families pursuant to a specified provision of the Social Security Act; (17) payments to States for foster care and adoption assistance; (18) the Administration on Aging; (19) the Office of the Secretary for general departmental management; (20) the Office of Inspector General; (21) the Office for Civil Rights; (22) policy research; (23) retirement pay and medical benefits for Public Health Service commissioned officers; and (24) activities related to countering potential biological, disease, and chemical threats to civilian populations. Rescinds FY 2000 funds for a sample study of child welfare. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 209) Prohibits funds appropriated in this Act from being made available under title X (population research and voluntary family planning) of the Public Health Service Act unless the award applicant certifies to the Secretary of HHS that it encourages family participation in the decision of minors to seek family planning services and provides counseling to minors on resisting attempts to coerce them into engaging in sexual activities. (Sec. 211) Prohibits the use of funds appropriated by this Act to carry out the Medicare+Choice program if the Secretary of HHS denies participation in such program to an otherwise eligible entity (including a Provider Sponsored Organization) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions. (Sec. 212) Amends the Public Health Service Act to require State allotments under block grants for community health services for FY 2000 to be at least the amount the State received for FY 1998. Provides a specified minimum State allotment for FY 2000 under block grants for substance abuse prevention and treatment as well. (Sec. 214) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend through FY 2000 the authorization of admission into the United States of a specified number of refugees from the independent states of the former Soviet Union, Estonia, Latvia, and Lithuania based on religious persecution owing to participation in the Ukrainian Catholic or Orthodox churches. Makes September 30, 2000, the latest allowable entry date for specified aliens from the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, and Cambodia for purposes of qualifying for adjustment of status. (Sec. 215) Prohibits the use of funds provided in any Act making FY 2000 appropriations for the implementation in Arizona or in Kansas City, Missouri or Kansas, of the Medicare Competitive Pricing Demonstration Project operated by the Secretary of HHS under the Balanced Budget Act of 1997. (Sec. 217) Directs the Secretary of HHS to study and report to Congress on: (1) the reasons why, and the appropriateness of the fact that, the geographic adjustment factor used in determining the amount of payment for physicians' services under Medicare is less for services provided in New Mexico than for those provided in Arizona, Colorado, and Texas; and (2) the effect that the level of the geographic cost-of-practice adjustment factor has on the recruitment and retention of physicians in small rural States. (Sec. 218) Prohibits funds appropriated by this Act from being used to withhold substance abuse funding from a State pursuant to Public Health Service Act provisions for withholding funds from States that are not in compliance with specified requirements prohibiting the sale of tobacco products to minors if a State certifies to the Secretary of HHS that it will commit additional State funds to ensure compliance with State laws prohibiting such sales. (Sec. 219) Bars the use of funds made available under this title to carry out the transmittal of August 13, 1997 (relating to self-administered drugs), of the Deputy Director of the Division of Acute Care of the Health Care Financing Administration to regional offices of the Administration or to promulgate any regulation or other transmittal or policy directive that imposes or clarifies the imposition of a restriction on the coverage of injectable drugs under Medicare beyond the restrictions applied before the date of such transmittal. Title III: Department of Education - Department of Education Appropriations Act, 2000 - Makes appropriations for FY 2000 to the Department of Education for: (1) education reform; (2) education for the disadvantaged; (3) impact aid; (4) school improvement activities; (5) reading excellence; (6) Indian education; (7) bilingual and immigrant education; (8) special education; (9) rehabilitation services and disability research; (10) special institutions for persons with disabilities, including the American Printing House for the Blind, the National Technical Institute for the Deaf, the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and Gallaudet University; (11) vocational and adult education; (12) student financial assistance; (13) the Federal Family Education Loan program account; (14) higher education; (15) Howard University; (16) the college housing and academic facilities loans program; (17) the historically Black college and university capital financing program account; (18) education research, statistics, and improvement; (19) departmental management; (20) the Office for Civil Rights; and (21) the Office of the Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 301) Prohibits funds appropriated in this Act from being used to: (1) transport teachers or students in order to overcome racial imbalance in any school or to carry out a racial desegregation plan; or (2) prevent the implementation of programs of voluntary prayer and meditation in public schools. (Sec. 306) Amends the Elementary and Secondary Education Act of 1965 to reduce to 35 percent the Federal share available for Even Start family literacy programs in any year after the eighth year of receiving assistance. Removes a provision which limits the receipt of such assistance to a period of eight years. (Sec. 307) Requires the Secretary of Education to restore the eligibility of Jacksonville College in Texas to participate in the Pell Grant program. Directs the College to implement a default management plan satisfactory to the Secretary. (Sec. 310) Allocates amounts appropriated for title VI of the Elementary and Secondary Education Act of 1965. Provides for distribution of funds to local educational agencies (LEAs) for purposes of reducing class size. Authorizes the use of such funds for: (1) recruiting, hiring, and training teachers; (2) testing new teachers for academic content knowledge and to meet State certification requirements; and (3) providing professional development to teachers. Requires States and LEAs to report to parents on progress in reducing class size, increasing the percentage of classes in core academic areas taught by fully qualified teachers who are certified and demonstrate competency in the content areas in which they teach, and the impact that hiring additional highly qualified teachers and reducing class size has had on increasing student academic achievement. Repeals titles III and IV of the Goals 2000: Educate America Act on September 30, 2000. (Sec. 311) Amends the Y2K Act to prohibit punitive damages in a Y2K action from being awarded against an institution of higher education. Makes such prohibition inapplicable to an institution where the Y2K failure occurred in a computer-based student financial aid system of that institution and the institution has passed Y2K data exchange testing with the Department of Education or is not or was not in the process of performing data exchange testing with the Department at the time the Department terminates such testing. (Sec. 312) Amends the Missing, Exploited, and Runaway Children Protection Act to remove a funding provision with respect to a study of school violence. Title IV: Related Agencies - Makes appropriations for FY 2000 to the: (1) Armed Forces Retirement Home; (2) Corporation for National and Community Service; (3) Corporation for Public Broadcasting; (4) Federal Mediation and Conciliation Service; (5) Federal Mine Safety and Health Review Commission; (6) Office of Library Services; (7) Medicare Payment Advisory Commission; (8) National Commission on Libraries and Information Science; (9) National Council on Disability; (10) National Education Goals Panel; (11) National Labor Relations Board; (12) National Mediation Board; (13) Occupational Safety and Health Review Commission; (14) Railroad Retirement Board for the dual benefits payments account, Federal payments to the railroad retirement accounts, administration, and the Office of Inspector General; (15) Social Security Administration for payments to the social security trust funds, special benefits for disabled coal miners, the Supplemental Security Income (SSI) Program, administrative expenses, and the Office of Inspector General; and (15) U.S. Institute of Peace. Sets forth authorized uses of, and limitations on, funds appropriated under this title. Title V: General Provisions - Sets forth authorized uses of, and limitations on, funds appropriated under this Act. (Sec. 505) Prohibits the use of funds appropriated under this Act for programs to distribute sterile needles or syringes for the injection of illegal drugs. (Sec. 506) Sets forth Buy American requirements. (Sec. 508) Prohibits funds appropriated under this Act from being expended for abortions or for health benefits coverage that includes coverage of abortion, except in cases where the pregnancy is the result of rape or incest or where a woman suffers from a physical condition that would, as certified by a physician, place her in danger of death unless an abortion is performed. (Sec. 510) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo for research purposes; or (2) research in which a human embryo is destroyed or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under Federal regulations and the Public Health Service Act. (Sec. 511) Prohibits the use of funds made available in this Act for activities to promote the legalization of a controlled substance unless there is significant medical evidence of a therapeutic advantage to the use of such substance or that federally-sponsored trials are being conducted to determine such advantage. (Sec. 514) Bars the use of funds made available in this Act to promulgate a final standard under the Social Security Act providing for a unique health identifier for an individual (except in an individual's capacity as an employer or health care provider) until legislation is enacted specifically approving the standard. (Sec. 515) Amends the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1997 to extend the availability of certain voluntary separation incentives for employees of the Railroad Retirement Board and its Office of Inspector General. (Sec. 516) Amends the United States-Mexico Border Health Commission Act to require the President to appoint the U.S. members of the U.S.-Mexico Border Health Commission and to attempt to conclude an agreement with Mexico providing for the establishment of such Commission. Eliminates a Commission duty to formulate recommendations regarding a method by which the government of one country could reimburse an entity in the other country for the cost of a health care service provided by the entity to a citizen of the first country who is unable to pay for the service. (Sec. 517) Provides that the applicable time limitations with respect to the giving of notice of injury and the filing of a claim for compensation for disability or death under the Federal Employees' Compensation Act for injuries sustained as a result of exposure to a nitrogen or sulfur mustard agent in the performance of official duties as an employee at the Department of the Army's Edgewood Arsenal before March 20, 1944, shall not begin to run until this Act's enactment date. Title VI: Early Detection, Diagnosis, and Interventions For Newborns and Infants With Hearing Loss - Mandates grants or cooperative agreements to: (1) develop statewide newborn and infant hearing screening, evaluation, and intervention programs and systems; and (2) provide technical assistance to State agencies to complement an intramural program and to conduct applied research related to newborn and infant hearing screening, evaluation, and intervention programs and systems. Requires the National Institutes of Health to continue a program of research and development on the efficacy of new screening techniques and technology. Mandates Federal coordination and collaboration with State and local agencies, consumer groups, national medical, health, and education specialty organizations, deaf or hard-of-hearing individuals and their families, qualified professional personnel, and related commercial industries. Authorizes appropriations. Title VII: Denali Commission - Amends the Denali Commission Act of 1998 to authorize the Secretary of Health and Human Services to make grants to the Denali Commission to plan, construct, and equip demonstration health, nutrition, and child care projects in order to demonstrate the value of adequate health facilities and services to regional economic development. Limits grants for construction or equipment to 50 percent of costs (80 percent for projects located in severely economically distressed communities). Authorizes appropriations. Title VIII: Welfare-To-Work And Child Support Amendments of 1999 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) to: (1) repeal certain eligibility requirements (thus allowing flexibility in eligibility) for participation of both custodial and noncustodial parents in the welfare-to-work (WtW) program; (2) make vocational educational and job training of up to six months allowable TANF activities; (3) authorize a grantee that is neither a private industry council nor a workforce investment board to provide employment services directly; (4) revise financial and participant information reporting requirements; (5) authorize State agencies to disclose name, address, and telephone information (subject to safeguards) about potential program participants to aid private industry councils in their administration of WtW grant funds; and (6) reduce the set-aside of a portion of WtW funds for performance bonuses. (Sec. 807) Amends SSA title IV part D (Child Support and Establishment of Paternity) to establish an alternative penalty procedure for State disbursement units under which: (1) units that achieve compliance requirements by April 1, 2000, shall have all penalties waived; and (2) units that achieve compliance between April 1, 2000, and September 30, 2000, shall pay no more than one percent of the penalty base with respect to the failure involved.

Long Island Sound Restoration Act

United States · United States Congress · 10 November 1999

Long Island Sound Restoration Act - Amends the Federal Water Pollution Control Act to require the office established to assist the Management Conference of the Long Island Sound Study (Management Conference) to assist in efforts to establish a system for trading nitrogen credits within the process for granting watershed general permits. Authorizes States, in making assistance available for the upgrading of wastewater treatment facilities under provisions regarding the Long Island Sound, to give priority to a distressed community. Provides for negative interest rates on loans made to such communities for implementation of the Comprehensive Conservation and Management Plan for Long Island Sound (Plan). Extends through FY 2003 the authorization of appropriations for: (1) carrying out the Management Conference; and (2) making grants for projects and studies to implement the Plan. Increases the maximum amount available for such grants.

Clean Power Plant Act of 1999

United States · United States Congress · 30 September 1999

Clean Power Plant Act of 1999 - Amends the Clean Air Act to require specified emissions limitations on mercury, sulfur dioxide, and nitrogen oxides (NOx) from fossil fuel-fired electric generating units with a nameplate capacity of at least 15 megawatts that use a combustion device primarily to generate electricity for sale. Requires quarterly pollutant-specific emission reports for such pollutants and for carbon dioxide (CO2) by unit owners or operators. Directs the Administrator of the Environmental Protection Agency to publish facility-specific emission data. Requires regulations for disclosure of data concerning emissions levels. Directs the Administrator to calculate a generation performance standard for CO2 from covered fossil fuel-fired electric generating units and allocate allowances among such units. Authorizes the carryover and trading of unused allowances and requires surrender to the Administrator of a number of CO2 allowances equal to the total tonnage emitted during the calendar year. Permits the performance standard to be exceeded if the plant has sufficient emissions credits. Imposes an excess emissions penalty and requires units to offset such emissions. Requires regulations concerning transfer of hazards associated with combustion from one medium to another and release of hazardous wastes into the environment. Expresses the sense of Congress concerning crediting permanent CO2 and NOx emissions reductions to the utility sector in any enacted climate change implementation program. Authorizes appropriations for industry and community assistance and development of a carbon sequestration strategy. Requires grants to municipalities in which there are located fossil fuel-fired electric generating units that: (1) provide 20 percent or more of the municipality's annual property tax revenue in the last fiscal year ending before this Act's enactment; and (2) cease operation after this Act's enactment. Includes hazardous air pollutants from electric utility steam generating units on a list of such pollutants from major and area sources required under the Clean Air Act.

Clean Smokestacks Act of 1999

United States · United States Congress · 21 September 1999

Clean Smokestacks Act of 1999 - Amends the Clean Air Act (CAA) to require the Administrator of the Environmental Protection Agency to promulgate regulations to achieve specified reductions in emissions of sulfur dioxide, nitrogen oxides, carbon dioxide, and mercury from powerplants (electric generation facilities with a nameplate capacity of 15 megawatts or greater that use a combustion device to generate electricity for sale) by January 1, 2005. Requires outdated powerplants, on the later of the date 30 years after the powerplant commenced operation or five years after this Act's enactment, to comply with the most recent new source performance standards under CAA provisions regarding air quality and emissions limitations and with specified requirements for modified sources. Defines an "outdated powerplant" as a powerplant that has been in operation for 30 years or more.

Fair Energy Competition Act of 1999

United States · United States Congress · 20 July 1999

Fair Energy Competition Act of 1999 - Amends the Federal Power Act (FPA) to direct the Federal Energy Regulatory Commission (FERC) to calculate and publish a generation performance standard for oxides of nitrogen from covered electric generating units in designated regions. Sets forth implementation guidelines which take into account: (1) ozone episodes; (2) fine particulate matter; (3) carbon dioxide; and (4) mercury emission reductions. (Sec. 4) Instructs FERC to allocate allowances: (1) for each air pollutant for which a statutory tonnage cap has been established; and (2) each person who demonstrates achievement of an independently certified reduction in gross electric energy demand during a covered period. Provides for carryover and trading of allowances. Prescribes implementation guidelines, including: (1) a measurement and verification protocol; (2) compliance with allowance limits; and (3) excess emissions. (Sec. 5) Directs the Secretary of Energy to establish a National Electric System Public Benefits Board, which shall establish the National Electric System Public Benefits Fund to provide matching funds to States to support programs relating to renewable energy sources, universal electric service, energy conservation, and other public purposes. (Sec. 6) Prescribes guidelines for funding, distribution, and wires charges. (Sec. 7) Prescribes a minimum schedule for the total amount of electricity sold by non-hydroelectric facilities and generated by renewable energy sources. Prescribes procedural guidelines for: (1) renewable energy credits; and (2) mandatory FERC sales of renewable energy credits. (Sec. 8) Amends the Public Utility Regulatory Policies Act of 1978 to require each retail electric supplier to make net metering service available upon request to a retail electric consumer served or solicited by such supplier. Prescribes guidelines governing: (1) rates and charges; (2) safety and performance standards; and (3) interconnection standards among on-site generating facilities, net metering systems, and local distribution systems. (Sec. 9) Directs the Secretary to: (1) establish a disclosure system to allow retail consumers knowledgeably to compare retail electric service offerings (including comparisons based on generation source portfolios, emissions data, and price terms); and (2) promulgate regulations accordingly. Requires certain seller disclosures to wholesale customers as well. Declares that failure of a retail company to provide accurate disclosure shall be treated as a deceptive act in commerce prohibited under the Federal Trade Commission Act. (Sec. 11) Declares that no electric utility shall be required after enactment of this Act to enter into a new contract or obligation to purchase electric energy from cogeneration and small power production facilities. (Sec. 12) Prohibits any person, except in accordance with State-prescribed verification procedures, from submitting or executing a change: (1) in the selection made by a retail electric supply customer ("slamming"); or (2) to the number of products or services offered ("cramming"). (Sec. 13) Prescribes privacy guidelines governing consumer proprietary information.

Comprehensive Electricity Competition Act

United States · United States Congress · 17 May 1999

Comprehensive Electricity Competition Act - Title I: Retail Electric Service - Amends the Public Utilities Regulatory Policies Act of 1978 (PURPA) to set a specified date by which each electric energy distribution facility is required to offer consumers open access to its facilities for electric energy sales (retail competition requirement). (Sec. 101) Authorizes a State regulatory authority to direct a distribution utility not to implement the retail competition requirement if it finds that implementation would have a negative impact upon a class of customers that cannot be reasonably mitigated. Authorizes a nonregulated distribution utility on its own to make the same determination. Requires a State regulatory authority or non- regulated distribution utility that: (1) conducts a public proceeding before a distribution utility implements retail competition to consider recovery of retail stranded costs if the utility has taken reasonable steps to mitigate such costs (including assistance for former electric utility workers unemployed as a result of retail competition implementation); and (2) permits a charge to recover retail stranded costs to consider reducing such charge on a consumer who uses electric energy produced on-site when the charge results from the use of certain new on-site generation sources. Authorizes any person to bring an action in State court against either a State regulatory authority, distribution utility, or a nonregulated distribution utility for noncompliance with this Act. (Sec. 102) Authorizes a State regulatory authority to enjoin a distribution utility (and affiliate) located in the United States over which it does not have ratemaking authority from selling electric energy to electric consumers of a distribution facility covered by the notice of retail competition, unless a notice of retail competition has been filed with respect to the other distribution utility (reciprocity requirements). Grants the same authority to a nonregulated distribution utility. (Sec. 103) Permits a group of customers to acquire retail electric energy on an aggregate basis if it is served by distribution utilities for which a State regulatory authority or nonregulated distribution utility has filed a notice of retail competition. Title II: Consumer Protection - Prescribes guidelines for consumer information disclosure by an electric utility and attendant enforcement by State and Federal agencies. (Sec. 202) Requires each State regulatory authority or nonregulated distribution utility filing a notice of retail competition to conduct a proceeding to determine whether to apply specified principles for providing electric service to low-income residential consumers. (Sec. 203) Amends the Federal Trade Commission Act to direct the Federal Trade Commission (FTC) to promulgate rules for: (1) verification of a retail electric customer's selection of a retail electric supplier ("slamming"); and (2) obtaining retail electric customer consent for the purchase of goods and services ("cramming"). Permits complementary State proceedings and remedies. (Sec. 204) Authorizes the Secretary of Energy (The Secretary) to compile a database to provide residential electric consumers with information to compare offers of various retail electric suppliers. Directs the Secretary to develop a model code for: (1) regulation of retail electric suppliers for the protection of electric consumers; and (2) safety standards for electric facility workers. Title III: Facilitating State and Regional Regulation - Amends the Federal Power Act (FPA) to declare it does not preempt or otherwise affect any authority under State or local municipal law to: (1) require unbundled transmission and local distribution services for electric energy delivery directly to an ultimate consumer; or (2) impose a delivery charge on such consumer's receipt of electric energy. Retains the exclusive jurisdiction of the Federal Energy Regulatory Commission (FERC) over unbundled transmission in interstate commerce. (Sec. 301) Authorizes FERC to: (1) require public utilities and transmitting utilities to provide open access transmission services; (2) permit recovery of stranded costs arising from any requirement to provide open access transmission services; and (3) require the transmission of electric energy to an ultimate consumer if a notice of retail competition is in effect with respect to such consumer, or if a distribution utility offers such consumer open access to its delivery facilities. Prescribes guidelines for FERC's exercise of jurisdiction over rates, terms, and conditions for transmission services provided by a non-public transmitting utility. Permits the Secretary of Agriculture to participate or intervene in any FERC proceeding that directly affects an electric utility whose loans are made or guaranteed under the Rural Electrification Act of 1936 (REA). (Sec. 302) Grants the consent of Congress to an interstate compact to establish a regional transmission planning agency subject to specified FERC determinations. (Sec. 303) Cites circumstances under which: (1) a State regulatory authority and specified nonregulated distribution utilities may receive backup authority from FERC to impose a charge upon an ultimate consumer's receipt of electric energy; (2) FERC may order the establishment of an entity to independently operate and control interconnected transmission facilities and generators, and may order a transmitting utility to relinquish operating control over its transmission facilities to such entity; and (4) designated Federal utilities may participate in a regional transmission system operation. Title IV: Public Benefits - Amends PURPA to establish a Joint Board which shall establish a Public Benefits Fund upon petition of States and tribal governments wishing to participate in a Federal program providing: (1) affordable electricity service to low-income customers; (2) implementation of energy conservation, efficiency, and management measures; (3) consumer education; and (4) development of emerging electricity generation technologies. Prescribes implementation guidelines, including mandatory payment of a public benefits charge to a transmitting utility by each owner of an electric generating facility whose capacity exceeds one megawatt. (Sec. 402) Sets a deadline by which a retail electric supplier shall submit Renewable Energy Credits to the Secretary equal to the required annual percentage of total electric energy sold by such supplier to electric consumers in the calendar year (determined by the Secretary). Prescribes implementation guidelines. (Sec. 403) Requires each retail electric supplier to make net metering service available upon request to a retail electric consumer served or solicited by such supplier. Authorizes State imposition of: (1) additional requirements; and (2) a cap limiting the amount of net metering available in the State. Retains State authority to require a retail electric supplier to make net metering service available to a retail electric consumer. (Sec. 404) Amends PURPA to repeal the requirement that an electric utility enter into a new contract or obligation to purchase electric energy from cogeneration and small power production facilities. (Sec. 405) Mandates that a distribution utility allow interconnection with a facility if the facility owner is located in such utility's service territory and complies with a final Federal ruling governing such interconnection. (Sec. 406) Amends the REA to authorize grants for the purpose of increasing energy efficiency, lowering or stabilizing electric rates to end users, or providing or modernizing electric facilities for certain local governmental or Indian tribal units. Authorizes appropriations. (Sec. 407) Amends the Energy Policy Act of 1992 to direct the Secretary to establish an Indian tribal assistance program to meet electricity needs. Authorizes appropriations. (Sec. 408) Amends the Department of Energy Organization Act (DOE Organization Act) to authorize the Secretary to establish an Office of Indian Energy Policy and Programs. (Sec. 409) Authorizes appropriations to DOE for financial assistance to the State of Alaska to ensure the availability of adequate electrical power to the greater Ketchikan area, including the construction of an intertie. Title V: Regulation of Mergers and Corporate Structure - Repeals the Public Utility Holding Company Act of 1935. Public Utility Holding Company Act of 1999- Prescribes procedural guidelines for both FERC and State access to records of a holding company (including subsidiaries, associates and affiliates) of a public utility or natural gas company. (Sec. 501) Precludes such State access to any person that is a holding company solely by reason of ownership of one or more qualifying facilities under PURPA. Instructs FERC to promulgate a final rule to exempt specified holding companies from such access requirements. Requires FERC to exempt any person or transaction from such access requirements if it finds that regulation of such person or transaction is irrelevant to the jurisdictional rates of a public utility or natural gas company. Retains the jurisdiction of FERC and State commissions to determine whether a public utility company or natural gas company may recover in rates any costs of affiliate transactions. Declares this Act inapplicable to: (1) the Government of the United States; (2) a State or local government; and (3) a foreign governmental authority not operating in the United States. Grants FERC certain FPA enforcement powers. Transfers from the Securities and Exchange Commission (SEC) to FERC all books and records that relate primarily to the functions vested in FERC by this Act. Authorizes appropriations. Amends the FPA to repeal its conflict of jurisdiction guidelines. (Sec. 502) Conditions electric company mergers and acquisitions upon prior FERC authorization. Subjects generation facilities to FERC jurisdiction (excluding entities with existing loans made or guaranteed under the REA of 1936). (Sec. 503) Requires FERC to order a public utility to submit a remedial action plan to remedy market power if: (1) FERC determines that there are markets in which a utility that owns or controls generation facilities has market power in electric energy sales for resale in interstate commerce; or (2), pursuant to State request for such an order, FERC determines that a generation facility-owning or -controlling electric utility has market power in retail electric energy sales in that State. Prescribes procedural guidelines. Title VI: Electric Reliability - Amends the FPA to provide for the establishment and enforcement of mandatory reliability standards to ensure the reliable operation of the bulk-power system. Grants FERC jurisdiction over: (1) the electric reliability organization; (2) all Affiliated Regional Reliability Entities (entities to which authority has been delegated to enforce compliance with reliability standards); (3) all system operators, and all users of the bulk-power system for purposes of approving and enforcing compliance with standards in the United States. Provides that, prior to the establishment of the Electric Reliability Organization (Organization), any person (including the North American Electric Reliability Council and its member Regional Reliability Councils) may file a proposed reliability standard, guidance, or practice which, subject to FERC approval, shall be mandatory and enforceable. (Sec. 601) Prescribes procedural guidelines for FERC approval of: (1) applications competing for status as the Electric Reliability Council; and (2) Organization standards. Requires all users of the bulk-power system to comply with such standards. Mandates that: (1) the Organization take all appropriate steps to gain recognition in Canada and Mexico; and (2) the United States use its best efforts to enter into international agreements with the governments of Canada and Mexico to effectuate compliance with Organization standards, and to provide for the effectiveness of the Organization's mission. Requires every system operator to be a member of the electric reliability organization, and of any Affiliated Regional Reliability Entity operating under an agreement applicable to the region in which the system operator operates or is responsible for the operation of a bulk-power system facility. Mandates compliance with the legal obligations of: (1) the Federal power systems; (2) the TVA; (3) the Bureau of Reclamation and the Corps of Engineers; and (4) Nuclear Regulatory Commission requirements. Empowers the Organization to take disciplinary and enforcement action. Directs the Organization to assess periodically the reliability and adequacy of the inter-connected bulk-power system in North America, and to report its findings and recommendations annually to FERC and to the Secretary. Provides for the assessment and recovery of implementation and enforcement costs incurred by the Organization and each Affiliated Regional Reliability Entity, respectively. (Sec. 602) Amends the DOE Organization Act to direct the Secretary to establish an Electricity Outage Investigation Board to investigate and report to the Secretary on a major bulk-power system failure in the United States to determine its causes, and to recommend actions to minimize the possibility of such future failures. (Sec. 603) Amends PURPA to authorize the Secretary to call and chair a meeting of State representatives to discuss provision of additional transmission capacity and related regional concerns. Title VII: Environmental Protection - Instructs the Administrator of the Environmental Protection Agency, in specified circumstances, to establish and administer an oxide of nitrogen (NOx) allowance cap and trade program in all States in which an NOx emission source is located. Prescribes program implementation guidelines. Title VIII: Federal Power Systems - Subtitle A: Tennessee Valley Authority - Amends the FPA to encompass within its jurisdiction the transmission facilities and transmission of electric energy and necessary associated services of: (1) the Tennessee Valley Authority; (2) the Bonneville Power Administration; (3) the Western Area Power Administration; and (4) the Southwestern Power Administration. (Sec. 803) Amends the Tennessee Valley Authority Act to: (1) subject the TVA to Federal antitrust laws; (2) authorize TVA wholesale sales of electric power to any person; (3) proscribe specified TVA retail sales; and (4) mandate renegotiation of long-term TVA power contracts with distributors. (Sec. 806) Amends the FPA to instruct FERC to promulgate certain regulations governing TVA's recovery of stranded costs resulting from wholesale or retail competition. Amends the TVA Authority Act to mandate that amounts recovered as stranded cost recovery charges be used to pay down TVA debt; but prohibits payments for additions to TVA generating capacity. Subtitle B: Bonneville Power Administration - Amends the FPA to prescribe procedural guidelines under which FERC shall provide for the imposition of surcharges for transmission services over the Bonneville Transmission System in order for the Bonneville Administrator to meet certain statutory cost recovery requirements. Subtitle C: Western Area Power Administration and Southwestern Area Power Administration - Prescribes procedural guidelines under which FERC shall provide for the imposition of surcharges for transmission services over the Transmission System of the Western Area Power Administration, and Southwestern Area Power Administration, respectively, in order for such Administrations to meet certain statutory cost recovery requirements. Title IX: Other Regulatory Provisions - Amends Federal bankruptcy law to: (1) grant priority status to obligations to comply with, and claims resulting from compliance with, Nuclear Regulatory Commission (NRC) regulations or orders governing the decontamination and decommissioning of licensed nuclear power reactors; and (2) prohibit discharge of such obligations and claims under State or Federal bankruptcy law. (Sec. 902) Amends the DOE Organization Act to instruct the Administrator of the Energy Information Administration to collect and publish information regarding the impact of wholesale and retail competition upon the electric power industry. (Sec. 904) Eliminates the mandate for antitrust review by the NRC with respect to license applications to construct or operate a commercial utilization or production facility. (Sec. 906) Amends the DOE Organization Act to direct the Secretary to issue a report comparing the impact of wholesale and retail competition on the efficiency of new and existing electric generating facilities.

Comprehensive Electricity Competition Act

United States · United States Congress · 13 May 1999

TABLE OF CONTENTS: Title I: Retail Electric Service Title II: Consumer Protection Title III: Facilitating State and Regional Regulation Title IV: Public Benefits Title V: Regulation of Mergers and Corporate Structure Title VI: Electric Reliability Title VII: Environmental Protection Title VIII: Federal Power Systems Subtitle A: Tennessee Valley Authority Subtitle B: Bonneville Power Administration Subtitle C: Western Area Power Administration and Southwestern Power Administration Title IX: Other Provisions Comprehensive Electricity Competition Act - Title I: Retail Electric Service - Amends the Public Utilities Regulatory Policies Act of 1978 (PURPA) to set a specified date by which each electric energy distribution facility is required to offer consumers open access to its facilities for electric energy sales (retail competition requirement). (Sec. 101) Authorizes a State regulatory authority to direct a distribution utility not to implement the retail competition requirement if it finds that implementation would have a negative impact upon a class of customers that cannot be reasonably mitigated. Authorizes a nonregulated distribution utility on its own to make the same determination. Requires a State regulatory authority or nonregulated distribution utility that: (1) conducts a public proceeding before a distribution utility implements retail competition to consider recovery of retail stranded costs if the utility has taken reasonable steps to mitigate such costs (including assistance for former electric utility workers unemployed as a result of retail competition implementation); and (2) permits a charge to recover retail stranded costs to consider reducing such charge on a consumer who uses electric energy produced on-site when the charge results from the use of certain new on-site generation sources. Authorizes any person to bring an action in State court against either a State regulatory authority, distribution utility, or a nonregulated distribution utility for noncompliance with this Act. (Sec. 102) Authorizes a State regulatory authority to enjoin a distribution utility (and affiliate) located in the United States over which it does not have ratemaking authority from selling electric energy to electric consumers of a distribution facility covered by the notice of retail competition, unless a notice of retail competition has been filed with respect to the other distribution utility (reciprocity requirements). Grants the same authority to a nonregulated distribution utility. (Sec. 103) Permits a group of customers to acquire retail electric energy on an aggregate basis if it is served by distribution utilities for which a State regulatory authority or nonregulated distribution utility has filed a notice of retail competition. Title II: Consumer Protection - Prescribes guidelines for consumer information disclosure by an electric utility and attendant enforcement by State and Federal agencies. (Sec. 202) Requires each State regulatory authority or nonregulated distribution utility filing a notice of retail competition to conduct a proceeding to determine whether to apply specified principles for providing electric service to low-income residential consumers. (Sec. 203) Amends the Federal Trade Commission Act to direct the Federal Trade Commission (FTC) to promulgate rules for: (1) verification of a retail electric customer's selection of a retail electric supplier ("slamming"); and (2) obtaining retail electric customer consent for the purchase of goods and services ("cramming"). Permits complementary State proceedings and remedies. (Sec. 204) Authorizes the Secretary of Energy (the Secretary) to compile a database to provide residential electric consumers with information to compare offers of various retail electric suppliers. Directs the Secretary to develop a model code for: (1) regulation of retail electric suppliers for the protection of electric consumers; and (2) safety standards for electric facility workers. Title III: Facilitating State and Regional Regulation - Amends the Federal Power Act (FPA) to declare that it does not preempt or otherwise affect any authority under State or local municipal law to: (1) require unbundled transmission and local distribution services for electric energy delivery directly to an ultimate consumer; or (2) impose a delivery charge on such consumer's receipt of electric energy. Retains the exclusive jurisdiction of the Federal Energy Regulatory Commission (FERC) over unbundled transmission in interstate commerce. (Sec. 301) Authorizes FERC to: (1) require public utilities and transmitting utilities to provide open access transmission services; (2) permit recovery of stranded costs arising from any requirement to provide open access transmission services; and (3) require the transmission of electric energy to an ultimate consumer if a notice of retail competition is in effect with respect to such consumer, or if a distribution utility offers such consumer open access to its delivery facilities. Prescribes guidelines for FERC's exercise of jurisdiction over rates, terms, and conditions for transmission services provided by a non-public transmitting utility. Permits the Secretary of Agriculture to participate or intervene in any FERC proceeding that directly affects an electric utility whose loans are made or guaranteed under the Rural Electrification Act of 1936 (REA). (Sec. 302) Grants the consent of Congress to an interstate compact to establish a regional transmission planning agency subject to specified FERC determinations. (Sec. 303) Cites circumstances under which: (1) a State regulatory authority and specified nonregulated distribution utilities may receive backup authority from FERC to impose a charge upon an ultimate consumer's receipt of electric energy; (2) FERC may order the establishment of an entity to independently operate and control interconnected transmission facilities and generators, and may order a transmitting utility to relinquish operating control over its transmission facilities to such entity; and (4) designated Federal utilities may participate in a regional transmission system operation. Title IV: Public Benefits - Amends PURPA to establish a Joint Board which shall establish a Public Benefits Fund upon petition of States and tribal governments wishing to participate in a Federal program providing: (1) affordable electricity service to low-income customers; (2) implementation of energy conservation, efficiency, and management measures; (3) consumer education; and (4) development of emerging electricity generation technologies. Prescribes implementation guidelines, including mandatory payment of a public benefits charge to a transmitting utility by each owner of an electric generating facility whose capacity exceeds one megawatt. (Sec. 402) Sets a deadline by which a retail electric supplier shall submit Renewable Energy Credits to the Secretary equal to the required annual percentage of total electric energy sold by such supplier to electric consumers in the calendar year (determined by the Secretary). Prescribes implementation guidelines. (Sec. 403) Requires each retail electric supplier to make net metering service available upon request to a retail electric consumer served or solicited by such supplier. Authorizes State imposition of: (1) additional requirements; and (2) a cap limiting the amount of net metering available in the State. Retains State authority to require a retail electric supplier to make net metering service available to a retail electric consumer. (Sec. 404) Amends PURPA to repeal the requirement that an electric utility enter into a new contract or obligation to purchase electric energy from cogeneration and small power production facilities. (Sec. 405) Mandates that a distribution utility allow interconnection with a facility if the facility owner is located in such utility's service territory and complies with a final Federal ruling governing such interconnection. (Sec. 406) Amends the REA to authorize grants for the purpose of increasing energy efficiency, lowering or stabilizing electric rates to end users, or providing or modernizing electric facilities for certain local governmental or Indian tribal units. Authorizes appropriations. (Sec. 407) Amends the Energy Policy Act of 1992 to direct the Secretary to establish an Indian tribal assistance program to meet electricity needs. Authorizes appropriations. (Sec. 408) Amends the Department of Energy Organization Act (DOE Organization Act) to authorize the Secretary to establish an Office of Indian Energy Policy and Programs. (Sec. 409) Authorizes appropriations to DOE for financial assistance to the State of Alaska to ensure the availability of adequate electrical power to the greater Ketchikan area, including the construction of an intertie. Title V: Regulation of Mergers and Corporate Structure - Repeals the Public Utility Holding Company Act of 1935. Public Utility Holding Company Act of 1999- Prescribes procedural guidelines for both FERC and State access to records of a holding company (including subsidiaries, associates, and affiliates) of a public utility or natural gas company. (Sec. 501) Precludes such State access to any person that is a holding company solely by reason of ownership of one or more qualifying facilities under PURPA. Instructs FERC to promulgate a final rule to exempt specified holding companies from such access requirements. Requires FERC to exempt any person or transaction from such access requirements if it finds that regulation of such person or transaction is irrelevant to the jurisdictional rates of a public utility or natural gas company. Retains the jurisdiction of FERC and State commissions to determine whether a public utility company or natural gas company may recover in rates any costs of affiliate transactions. Declares this Act inapplicable to: (1) the Government of the United States; (2) a State or local government; and (3) a foreign governmental authority not operating in the United States. Grants FERC certain FPA enforcement powers. Transfers from the Securities and Exchange Commission (SEC) to FERC all books and records that relate primarily to the functions vested in FERC by this Act. Authorizes appropriations. Amends the FPA to repeal its conflict of jurisdiction guidelines. (Sec. 502) Conditions electric company mergers and acquisitions upon prior FERC authorization. Subjects generation facilities to FERC jurisdiction (excluding entities with existing loans made or guaranteed under the REA of 1936). (Sec. 503) Requires FERC to order a public utility to submit a remedial action plan to remedy market power if: (1) FERC determines that there are markets in which a utility that owns or controls generation facilities has market power in electric energy sales for resale in interstate commerce; or (2), pursuant to State request for such an order, FERC determines that a generation facility-owning or -controlling electric utility has market power in retail electric energy sales in that State. Prescribes procedural guidelines. Title VI: Electric Reliability - Amends the FPA to provide for the establishment and enforcement of mandatory reliability standards to ensure the reliable operation of the bulk-power system. Grants FERC jurisdiction over: (1) the electric reliability organization; (2) all Affiliated Regional Reliability Entities (entities to which authority has been delegated to enforce compliance with reliability standards); (3) all system operators, and all users of the bulk-power system for purposes of approving and enforcing compliance with standards in the United States. Provides that, prior to the establishment of the Electric Reliability Organization (Organization), any person (including the North American Electric Reliability Council and its member Regional Reliability Councils) may file a proposed reliability standard, guidance, or practice which, subject to FERC approval, shall be mandatory and enforceable. (Sec. 601) Prescribes procedural guidelines for FERC approval of: (1) applications competing for status as the Electric Reliability Council; and (2) Organization standards. Requires all users of the bulk-power system to comply with such standards. Mandates that: (1) the Organization take all appropriate steps to gain recognition in Canada and Mexico; and (2) the United States use its best efforts to enter into international agreements with the governments of Canada and Mexico to effectuate compliance with Organization standards, and to provide for the effectiveness of the Organization's mission. Requires every system operator to be a member of the electric reliability organization, and of any Affiliated Regional Reliability Entity operating under an agreement applicable to the region in which the system operator operates or is responsible for the operation of a bulk-power system facility. Mandates compliance with the legal obligations of: (1) the Federal power systems; (2) the TVA; (3) the Bureau of Reclamation and the Corps of Engineers; and (4) Nuclear Regulatory Commission requirements. Empowers the Organization to take disciplinary and enforcement action. Directs the Organization to assess periodically the reliability and adequacy of the inter-connected bulk-power system in North America, and to report its findings and recommendations annually to FERC and to the Secretary. Provides for the assessment and recovery of implementation and enforcement costs incurred by the Organization and each Affiliated Regional Reliability Entity, respectively. (Sec. 602) Amends the DOE Organization Act to direct the Secretary to establish an Electricity Outage Investigation Board to investigate and report to the Secretary on a major bulk-power system failure in the United States to determine its causes, and to recommend actions to minimize the possibility of such future failures. (Sec. 603) Amends PURPA to authorize the Secretary to call and chair a meeting of State representatives to discuss provision of additional transmission capacity and related regional concerns. Title VII: Environmental Protection - Instructs the Administrator of the Environmental Protection Agency, in specified circumstances, to establish and administer an oxide of nitrogen (NOx) allowance cap and trade program in all States in which an NOx emission source is located. Prescribes program implementation guidelines. Title VIII: Federal Power Systems - Subtitle A: Tennessee Valley Authority - Amends the FPA to encompass within its jurisdiction the transmission facilities and transmission of electric energy and necessary associated services of: (1) the Tennessee Valley Authority (TVA); (2) the Bonneville Power Administration; (3) the Western Area Power Administration; and (4) the Southwestern Power Administration. (Sec. 803) Amends the Tennessee Valley Authority Act to: (1) subject the TVA to Federal antitrust laws; (2) authorize TVA wholesale sales of electric power to any person; (3) proscribe specified TVA retail sales; and (4) mandate renegotiation of long-term TVA power contracts with distributors. (Sec. 806) Amends the FPA to instruct FERC to promulgate certain regulations governing TVA's recovery of stranded costs resulting from wholesale or retail competition. Amends the TVA Authority Act to mandate that amounts recovered as stranded cost recovery charges be used to pay down TVA debt; but prohibits payments for additions to TVA generating capacity. Subtitle B: Bonneville Power Administration - Amends the FPA to prescribe procedural guidelines under which FERC shall provide for the imposition of surcharges for transmission services over the Bonneville Transmission System in order for the Bonneville Administrator to meet certain statutory cost recovery requirements. Subtitle C: Western Area Power Administration and Southwestern Area Power Administration - Prescribes procedural guidelines under which FERC shall provide for the imposition of surcharges for transmission services over the Transmission System of the Western Area Power Administration, and Southwestern Area Power Administration, respectively, in order for such Administrations to meet certain statutory cost recovery requirements. Title IX: Other Regulatory Provisions - Amends Federal bankruptcy law to: (1) grant priority status to obligations to comply with, and claims resulting from compliance with, Nuclear Regulatory Commission (NRC) regulations or orders governing the decontamination and decommissioning of licensed nuclear power reactors; and (2) prohibit discharge of such obligations and claims under State or Federal bankruptcy law. (Sec. 902) Amends the DOE Organization Act to instruct the Administrator of the Energy Information Administration to collect and publish information regarding the impact of wholesale and retail competition upon the electric power industry. (Sec. 904) Eliminates the mandate for antitrust review by the NRC with respect to license applications to construct or operate a commercial utilization or production facility. (Sec. 906) Amends the DOE Organization Act to direct the Secretary to issue a report comparing the impact of wholesale and retail competition on the efficiency of new and existing electric generating facilities.

Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air

European Union · EUR-Lex · 22 April 1999

Re-examined proposal for a Council Directive relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air

European Union · European Commission · 5 March 1999

Acid Deposition Control Act

United States · United States Congress · 9 February 1999

Acid Deposition Control Act - Directs the Administrator of the Environmental Protection Agency to establish a Nitrogen Oxide Allowance Program under which the contiguous States and the District of Columbia will be allocated allowances, beginning in the year 2002, to emit limited monthly amounts of nitrogen oxides. Allocates such allowances in proportion to a State's share of total electric power generated in the contiguous States. Sets forth requirements for the intrastate distribution of allowances among affected facilities (facilities with combustion units that serve an electricity generator with a minimum capacity of 25 megawatts) by a State or the Administrator. Requires the Administrator to promulgate regulations: (1) authorizing allowances to be transferred among affected facilities or persons; and (2) for issuing and tracking the use and transfer of allowances. Permits unused allowances to be carried forward for subsequent years. Requires the Administrator, for States for which the Administrator distributes allowances, to place ten percent of the total allowances in a new source reserve. Provides for the auctioning and sale of undistributed allowances in such reserve during 2002 through 2007. Distributes auction proceeds to affected sources in proportion to the number of allowances that would have been received but for the auction. Authorizes the Administrator to terminate or limit allowances. Makes it unlawful, after January 1, 2002, for: (1) the owner or operator of an affected facility to emit nitrogen oxides exceeding the amount permitted by allowances held by such facility; or (2) any person to hold, use, or transfer such allowances, except as provided under this Act. Repeals the nitrogen oxides emission reduction program under the Clean Air Act. Bars the use of an allowance before the calendar year for which the allowance is allocated. (Sec. 5) Amends the Clean Air Act to require owners or operators of industrial facilities with a minimum capacity of 100 million British thermal units (mmBtus) per hour to install and operate continuous emission monitoring systems on affected units and quality assure data for sulfur dioxide, nitrogen oxides, opacity, and volumetric flow. (Sec. 6) Imposes penalties for emissions in excess of allowances. Requires offsets of allowances in the calendar year following the one in which excess emissions occurred. (Sec. 7) Decreases the amount of sulfur dioxide authorized to be emitted under an existing allowance program for 2005 and subsequent years. (Sec. 8) Requires the Administrator to report to the Congress on objectives for scientifically credible environmental indicators, including acid neutralizing capacity, sufficient to protect sensitive ecosystems of the Adirondack, Mid-Appalachian, and Blue Ridge Mountains and the Great Lakes, Lake Champlain, Long Island Sound, and the Chesapeake Bay. Directs the Administrator, by December 31, 2008, to determine whether emissions reductions under this Act are sufficient to achieve such objectives and, if not, to promulgate regulations necessary to protect such ecosystems. (Sec. 10) Requires the Administrator to study and report to the Congress on the practicality of monitoring mercury emissions from all combustion units with a minimum capacity of 250 mmBtus per hour. Provides for regulations to: (1) require reporting of mercury emissions from such units; and (2) control electric utility and industrial source mercury emissions. (Sec. 11) Directs the Administrator to establish a competitive grant program to fund research related to the effects of nitrogen deposition on sensitive watersheds and coastal estuaries in the eastern United States. Requires the Administrator to report to specified congressional committees on the health and chemistry of certain Adirondack lakes and streams that were subjects of a specified report required under the Clean Air Act Amendments of 1990. Authorizes appropriations.

Acid Deposition and Ozone Control Act

United States · United States Congress · 19 January 1999

Acid Deposition and Ozone Control Act - Directs the Administrator of the Environmental Protection Agency to establish a Nitrogen Oxide Allowance Program under which the contiguous States and the District of Columbia will be allocated allowances, beginning in the year 2002, to emit limited monthly amounts of nitrogen oxides. Allocates such allowances in proportion to a State's share of total electric power generated in the contiguous States. Sets forth requirements for the intrastate distribution of allowances among affected facilities (facilities with combustion units that serve an electricity generator with a minimum capacity of 25 megawatts) by a State or the Administrator. Requires the Administrator to promulgate regulations: (1) authorizing allowances to be transferred among affected facilities or persons; and (2) for issuing and tracking the use and transfer of allowances. Permits unused allowances to be carried forward for subsequent years. Requires the Administrator, for States for which the Administrator distributes allowances, to place ten percent of the total allowances in a new source reserve. Provides for the auctioning and sale of undistributed allowances in such reserve during 2000 through 2005. Distributes auction proceeds to affected sources in proportion to the number of allowances that would have been received but for the auction. Authorizes the Administrator to terminate or limit allowances. Makes it unlawful, after January 1, 2000, for: (1) the owner or operator of an affected facility to emit nitrogen oxides exceeding the amount permitted by allowances held by such facility; or (2) any person to hold, use, or transfer such allowances, except as provided under this Act. Repeals the nitrogen oxides emission reduction program under the Clean Air Act. Bars the use of an allowance before the calendar year for which the allowance is allocated. (Sec. 5) Amends the Clean Air Act to require owners or operators of industrial facilities with a minimum capacity of 100 million British thermal units (mmBtus) per hour to install and operate continuous emission monitoring systems on affected units and quality assure data for sulfur dioxide, nitrogen oxides, opacity, and volumetric flow. (Sec. 6) Imposes penalties for emissions in excess of allowances. Requires offsets of allowances in the calendar year following the one in which excess emissions occurred. (Sec. 7) Decreases the amount of sulfur dioxide authorized to be emitted under an existing allowance program for 2005 and subsequent years. (Sec. 8) Requires the Administrator to report to the Congress on objectives for scientifically credible environmental indicators, including acid neutralizing capacity, sufficient to protect sensitive ecosystems of the Adirondack, Mid-Appalachian, Rocky, and Blue Ridge Mountains and the Great Lakes, Lake Champlain, Long Island Sound, and the Chesapeake Bay. Directs the Administrator, by December 31, 2008, to determine whether emissions reductions under this Act are sufficient to achieve such objectives and, if not, to promulgate regulations necessary to protect such ecosystems. (Sec. 10) Requires the Administrator to study and report to the Congress on the practicality of monitoring mercury emissions from all combustion units with a minimum capacity of 250 mmBtus per hour. Provides for regulations to: (1) require reporting of mercury emissions from such units; and (2) control electric utility and industrial source mercury emissions. (Sec. 11) Directs the Administrator to establish a competitive grant program to fund research related to the effects of nitrogen deposition on sensitive watersheds and coastal estuaries in the eastern United States. Requires the Administrator to report to specified congressional committees on the health and chemistry of certain Adirondack lakes and streams that were subjects of a specified report required under the Clean Air Act Amendments of 1990. Authorizes appropriations.

Acid Deposition and Ozone Control Act

United States · United States Congress · 6 January 1999

Acid Deposition and Ozone Control Act - Directs the Administrator of the Environmental Protection Agency to establish a Nitrogen Oxide Allowance Program under which the contiguous States and the District of Columbia will be allocated allowances, beginning in the year 2002, to emit limited monthly amounts of nitrogen oxides. Allocates such allowances in proportion to a State's share of total electric power generated in the contiguous States. Sets forth requirements for the intrastate distribution of allowances among affected facilities (facilities with combustion units that serve an electricity generator with a minimum capacity of 25 megawatts) by a State or the Administrator. Requires the Administrator to promulgate regulations: (1) authorizing allowances to be transferred among affected facilities or persons; and (2) for issuing and tracking the use and transfer of allowances. Permits unused allowances to be carried forward for subsequent years. Requires the Administrator, for States for which the Administrator distributes allowances, to place ten percent of the total allowances in a new source reserve. Provides for the auctioning and sale of undistributed allowances in such reserve during 2000 through 2005. Distributes auction proceeds to affected sources in proportion to the number of allowances that would have been received but for the auction. Authorizes the Administrator to terminate or limit allowances. Makes it unlawful, after January 1, 2000, for: (1) the owner or operator of an affected facility to emit nitrogen oxides exceeding the amount permitted by allowances held by such facility; or (2) any person to hold, use, or transfer such allowances, except as provided under this Act. Repeals the nitrogen oxides emission reduction program under the Clean Air Act. Bars the use of an allowance before the calendar year for which the allowance is allocated. (Sec. 5) Amends the Clean Air Act to require owners or operators of industrial facilities with a minimum capacity of 100 million British thermal units (mmBtus) per hour to install and operate continuous emission monitoring systems on affected units and quality assure data for sulfur dioxide, nitrogen oxides, opacity, and volumetric flow. (Sec. 6) Imposes penalties for emissions in excess of allowances. Requires offsets of allowances in the calendar year following the one in which excess emissions occurred. (Sec. 7) Decreases the amount of sulfur dioxide authorized to be emitted under an existing allowance program for 2005 and subsequent years. (Sec. 8) Requires the Administrator to report to the Congress on objectives for scientifically credible environmental indicators, including acid neutralizing capacity, sufficient to protect sensitive ecosystems of the Adirondack, Mid-Appalachian, Rocky, and Blue Ridge Mountains and the Great Lakes, Lake Champlain, Long Island Sound, and the Chesapeake Bay. Directs the Administrator, by December 31, 2008, to determine whether emissions reductions under this Act are sufficient to achieve such objectives and, if not, to promulgate regulations necessary to protect such ecosystems. (Sec. 10) Requires the Administrator to study and report to the Congress on the practicality of monitoring mercury emissions from all combustion units with a minimum capacity of 250 mmBtus per hour. Provides for regulations to: (1) require reporting of mercury emissions from such units; and (2) control electric utility and industrial source mercury emissions. (Sec. 11) Directs the Administrator to establish a competitive grant program to fund research related to the effects of nitrogen deposition on sensitive watersheds and coastal estuaries in the eastern United States. Requires the Administrator to report to specified congressional committees on the health and chemistry of certain Adirondack lakes and streams that were subjects of a specified report required under the Clean Air Act Amendments of 1990. Authorizes appropriations.