42 U.S.C. § 7651e — Allowances for States with emissions rates at or below 0.80 lbs/mmBtu

(a) Election by the Governor. This section offers a bonus to states that were already clean in 1985. If a state's power plants, averaged together, emitted 0.80 lbs/mmBtu of sulfur dioxide or less in 1985 across all their fossil fuel-fired utility steam units, that state's Governor can choose to take a different bonus allowance^* deal instead of the usual Phase II bonus allowances. If the Governor makes this election, then from 2000 through 2009 the Administrator^* gives allowances — pulled from the reserve^* set up under section 7651d(a)(2) — to every qualifying unit^* in that state^*. Each unit's share equals 125,000 allowances multiplied by that unit's portion of all the electricity generated in 1985 by fossil fuel-fired utility steam units across every state that qualifies for this election.

(b) Notifying the Administrator. A Governor whose state qualifies must tell the Administrator about the election, following the process in section 7651b(a)(1). If the Governor never notifies the Administrator, the state's units do not get this special deal — instead they get whatever allowances section 7651d would normally give them.

(c) After January 1, 2010. Once 2010 arrives, this special election ends. From then on, the Administrator allocates allowances to these units the regular way, under section 7651d.