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CONGRESSIONAL RECORD — SENATE S1303 Bill S March 3, 2020 CONGRESSIONAL RECORD — SENATE S1303 bill S. 2657, supra; which was ordered to lie ‘‘(II) does not use as its primary feedstock of amounts that have been paid are required, on the table. carbon oxide which is deliberately released the Commission shall order the natural-gas SA 1478. Mr. LANKFORD submitted an from naturally occurring subsurface springs, company to make those refunds for the pe- amendment intended to be proposed to and riod beginning on the refund effective date amendment SA 1407 submitted by Ms. MUR- ‘‘(III) is determined by the Secretary, after established under paragraph (3) and ending KOWSKI and intended to be proposed to the consultation with the Secretary of Energy on the date on which the new rate estab- bill S. 2657, supra; which was ordered to lie and the Administrator of the Environmental lished by the Commission under subsection on the table. Protection Agency, to achieve a reduction of (a) takes effect in amounts in excess of those SA 1479. Mr. ROMNEY submitted an not less than a 60 percent in lifecycle green- amounts that would have been paid under amendment intended to be proposed to house gas emissions (as defined in section the just and reasonable rate, charge, classi- amendment SA 1407 submitted by Ms. MUR- 211(o)(1)(H) of the Clean Air Act, as in effect fication, rule, regulation, practice, or con- KOWSKI and intended to be proposed to the on the date of the enactment of this clause) tract that the Commission orders to be ob- bill S. 2657, supra; which was ordered to lie compared to baseline lifecycle greenhouse served and in force. on the table. gas emissions (as defined in section ‘‘(2) REQUIREMENT.—The refunds required f 211(o)(1)(C) of such Act, as so in effect), under paragraph (1) shall be made, with in- ‘‘(x) the generation of electric power from, terest, to the persons who have paid the TEXT OF AMENDMENTS a qualifying gasification project (as defined rates or charges that are the subject of the in section 48B(c)(1) without regard to sub- hearing. SA 1345. Mr. COONS (for himself, Mr. paragraph (C)) that is described in section ‘‘(3) EFFECTIVE DATE.— ORAN RNST RAPO M , Ms. E , Mr. C , Mr. 48(d)(1)(B), or ‘‘(A) IN GENERAL.—The Commission shall KING, and Ms. SINEMA) submitted an ‘‘(xi) in the case of a qualified facility (as establish the refund effective date in accord- amendment intended to be proposed by defined in section 45Q(d), without regard to ance with this paragraph. him to the bill S. 2657, to support inno- any date by which construction of the facil- ‘‘(B) HEARINGS INITIATED ON COMPLAINT.—In vation in advanced geothermal re- ity is required to begin) not less than 50 per- the case of a hearing initiated on a com- search and development, and for other cent (30 percent in the case of a facility plaint, the refund effective date shall be— purposes; which was ordered to lie on placed in service before January 1, 2020) of ‘‘(i) not earlier than the date on which the the table; as follows: the total carbon oxide production of which is complaint was filed; and qualified carbon oxide (as defined in section ‘‘(ii) not later than 150 days after that At the end, add the following: 45Q(c))— date. TITLE IV—AMENDMENTS TO THE ‘‘(I) the generation, availability for such ‘‘(C) HEARING INITIATED ON MOTION OF COM- INTERNAL REVENUE CODE OF 1986 generation, or storage of electric power at MISSION.—In the case of a hearing initiated SEC. 4001. GREEN ENERGY PUBLICLY TRADED such facility, or by the Commission on its own motion, the PARTNERSHIPS. ‘‘(II) the capture of carbon dioxide by such refund effective date shall be— (a) IN GENERAL.—Section 7704(d)(1)(E) of facility,’’. ‘‘(i) not earlier than the date on which the the Internal Revenue Code of 1986 is amend- (b) EFFECTIVE DATE.—The amendments Commission publishes notice of the intent to ed— made by this section apply to taxable years initiate the hearing; and (1) by striking ‘‘income and gains derived beginning after December 31, 2019. ‘‘(ii) not later than 150 days after that from the exploration’’ and inserting ‘‘income date. SA 1346. Mr. BLUMENTHAL (for and gains derived from— ‘‘(c) NO FINAL DECISION.—If the Commis- ‘‘(i) the exploration’’, himself and Mr. BURR) submitted an sion has not rendered a final decision for a (2) by inserting ‘‘or’’ before ‘‘industrial amendment intended to be proposed by hearing under this section by the end of the source’’, him to the bill S. 2657, to support inno- 180-day period beginning on the date on (3) by striking ‘‘, or the transportation or vation in advanced geothermal re- which the hearing is initiated, the Commis- storage’’ and all that follows and inserting search and development, and for other sion shall state— the following: purposes; which was ordered to lie on ‘‘(1) the reasons why the Commission has ‘‘(ii) the generation of electric power or the table; as follows: failed to render a decision; and thermal energy exclusively using any quali- ‘‘(2) the best estimate of the Commission At the end, add the following: fied energy resource (as defined in section as to when the Commission reasonably ex- 45(c)(1)), TITLE IV—MISCELLANEOUS pects to render the decision.’’. ‘‘(iii) the operation of energy property (as SEC. 4001. RATES AND CHARGES FOR NATURAL (c) EFFECT.— defined in section 48(a)(3), determined with- GAS. (1) IN GENERAL.—The amendments made by out regard to any date by which the con- (a) HEARING ON CHANGED RATES OR subsections (a) and (b) shall not apply to any struction of the facility is required to begin), CHARGES.—Section 4(e) of the Natural Gas proceeding under the Natural Gas Act (15 ‘‘(iv) in the case of a facility described in Act (15 U.S.C. 717c(e)) is amended by striking U.S.C. 717 et seq.) commenced before the date paragraph (3) or (7) of section 45(d) (deter- the third and fourth sentences and inserting of enactment of this Act. mined without regard to any placed in serv- the following: ‘‘Where changes in rates or (2) REFILING WITHOUT PREJUDICE.—A pro- ice date or date by which construction of the charges are thus made effective, the Com- ceeding under the Natural Gas Act (15 U.S.C. facility is required to begin), the accepting mission may, by order, require the natural- 717 et seq.) commenced before the date of en- or processing of open-loop biomass or munic- gas company to furnish a bond, to be ap- actment of this Act may be withdrawn and ipal solid waste, proved by the Commission, to refund any refiled without prejudice. ‘‘(v) the storage of electric power or ther- amounts ordered by the Commission, to keep mal energy exclusively using energy prop- accurate accounts in detail of all amounts (d) STUDY.— erty that is energy storage property (as de- received by reason of those changes, speci- (1) IN GENERAL.—Not earlier than 3 years fined in section 48(c)(5)), fying by whom and in whose behalf those and not later than 4 years after the date of ‘‘(vi) the generation, storage, or distribu- amounts were paid, and, on completion of enactment of this Act, the Federal Energy tion of electric power or thermal energy ex- the hearing and decision, to order the nat- Regulatory Commission shall conduct a clusively using energy property that is com- ural-gas company to refund, with interest, study on the effect of the amendments made bined heat and power system property (as de- the portion of those rates or charges by its by subsections (a) and (b). fined in section 48(c)(3), determined without decision found not justified. At any hearing (2) REQUIREMENTS.—The study under para- regard to subparagraph (B)(iii) thereof and involving a rate or charge sought to be graph (1) shall include an analysis of— without regard to any date by which the con- changed, the burden of proof to show that (A) the impact, if any, of the amendments struction of the facility is required to begin), the changed rate or charge is just and rea- made by subsections (a) and (b) on the cost ‘‘(vii) the transportation or storage of any sonable shall be on the natural-gas company, of capital paid by natural-gas companies (as fuel described in subsection (b), (c), (d), or (e) and the Commission shall give to the hearing defined in section 2 of the Natural Gas Act of section 6426, and decision of such questions preference (15 U.S.C. 717a)); ‘‘(viii) the conversion of renewable biomass over other questions pending before the Com- (B) any change in the average time taken (as defined in subparagraph (I) of section mission and decide the same as speedily as to resolve proceedings under sections 4 and 5 211(o)(1) of the Clean Air Act (as in effect on possible.’’. of the Natural Gas Act (15 U.S.C. 717c, 717d); the date of the enactment of this clause)) (b) REFUNDS.—Section 5 of the Natural Gas and into renewable fuel (as defined in subpara- Act (15 U.S.C. 717d) is amended— (C) such other matters as the Federal En- graph (J) of such section as so in effect), or (1) by redesignating subsection (b) as sub- ergy Regulatory Commission may determine the storage or transportation of such fuel, section (d); and to be appropriate and in the public interest. ‘‘(ix) the production, storage, or transpor- (2) inserting after subsection (a) the fol- (3) REPORT.—On completion of the study tation of any fuel which— lowing: under paragraph (1), the Federal Energy Reg- ‘‘(I) uses as its primary feedstock carbon ‘‘(b) REFUNDS.— ulatory Commission shall submit to the oxides captured from an anthropogenic ‘‘(1) IN GENERAL.—At the conclusion of any Committee on Energy and Natural Resources source or the atmosphere, hearing under this section in which refunds of the Senate and the Committee on Energy VerDate Sep 11 2014 02:57 Mar 04, 2020 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.026 S03MRPT1 dlhill on DSKBBY8HB2PROD with SENATE S1304 CONGRESSIONAL RECORD — SENATE March 3, 2020 and Commerce of the House of Representa- or reexporting the components or items, electronic waste items if the following re- tives a report describing the results of the with the intent that the components or quirements are met: study.
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