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                                                                                          Updated February 24, 2021

A   Brief History of U.S. Electricity Portfolio Standard Proposals


Electricity portfolio standards are designed to change the
set of energy sources used to generate electricity, usually by
establishing requirements on utilities to procure a
percentage of electricity from specified eligible sources.
Since the 105th Congress, 76 proposals for a national
portfolio standard have been introduced, but none has
become  law. This analysis provides historical context on
federal portfolio standard proposals.

Previous Federal Proposals
CRS  sought to assemble a comprehensive list of federal
portfolio standard proposals through a search in
Congress.gov. A full description of the search methodology
and the list of previous legislation is available in CRS
Report R45913, Electricity Portfolio Standards:
Background,  Design Elements, and Policy Considerations.

Of the proposals CRS identified, the earliest bill was
introduced in 1997 in the 105th Congress. Some proposals
were stand-alone; in other words, a national portfolio
standard was the only provision in the bill. Other proposals
included a portfolio standard alongside other provisions.

As Figure 1 shows, the number of introduced bills was
highest in the 110th Congress. The 115th Congress saw the
fewest number of introduced bills of any Congress in which
a portfolio standard was proposed. Of the bills included in
this analysis, 14 (18%) had some action in addition to
introduction and referral to committee. Seven of these were
passed in at least one chamber, but in all cases as part of a
more comprehensive  energy or environmental bill. For
example, H.R. 2454 in the 1 11h Congress, the American
Clean Energy and Security Act of 2009, passed the House.

Source Eligibility
A chief distinction among portfolio standard proposals is
which electricity generation sources may be used to fulfill
the requirement (i.e., source eligibility). A portfolio
standard might establish a requirement to procure electricity
from renewable sources such as wind, solar, biomass, or
geothermal energy. Many  stakeholders refer to these as
renewable portfolio standards (RPS).

Alternatively, a portfolio standard might establish
requirements to procure electricity from a broader set of
sources like nuclear, efficient natural gas-fired, or fossil
fuel-fired power plants equipped with carbon capture and
sequestration (CCS) technology in addition to renewable
sources. Many stakeholders refer to this type of policy as a
clean energy standard (CES).

Portfolio standard proposals differ in their treatment of
hydropower, possibly reflecting the varying levels of
support hydropower has among  different stakeholders.


Some  proposals include hydropower in their definition of
renewable sources, albeit often with restrictions based on
size or age, while other proposals exclude hydropower in
favor of non-hydro renewables. Many of the proposals
identified by CRS (42) took an intermediate approach,
exempting hydropower  from the compliance requirement.
In general, sources that are exempted from a portfolio
standard requirement could receive indirect financial
support. The level of support for exempted sources would
likely be less than the support for eligible sources, but more
than the support for ineligible sources. Some proposals also
exempted  other sources in addition to hydropower such as
municipal solid waste (24 proposals) and new nuclear
power plants (5 proposals).

Figure 1 categorizes bills according to the types of sources
that would be eligible. All bills included some non-hydro
renewables, though there were differences about eligibility
for some types of sources, especially biomass. The
introduced bills that only included non-hydro renewables
are represented by blue bars in the figure. Five bills defined
eligible sources as renewable sources without further
clarification. These also are represented by the blue bars.
The majority of bills explicitly included some hydropower
for eligibility in addition to non-hydro renewables (red
bars), though some of these had age or size restrictions. The
figure does not distinguish bills that exempted hydropower
or any other source from the compliance requirement. The
third category of bills included non-hydro renewables,
hydropower,  and additional nonrenewable sources like
nuclear or CCS (yellow bars) as eligible sources. No
proposals included only nonrenewable sources.

Figure  I. Federal Portfolio Standard Proposals, by
Source  Eligibility

  Number  of Introduced Bills     Some Non-Renewable
  16                              Sources
  14                               Some Hydro
  12                               Non -Hydro Renewables
  10
  8
  6
  4
  2

       105 106 107 108 109 110 111 112 113 114  115 116
                          Congress

Source: CRS analysis, Congress.gov.
Notes: Bills are categorized according to the set of eligible sources
under the proposed portfolio standard. Differences in other design
aspects, such as exemptions for certain sources from compliance
requirements, are not shown.


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