§ 2916. Sale of electricity from alternate energy and cogeneration production facilities

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1984

   Military Construction Authorization Act, 1985

   Pub. L. 98–407 title VIII § 810(a) · 98 Stat. 1495

   Enacted · 10 U.S.C. § 2916

   Added Pub. L. 98–407, title VIII, § 810(a), Aug. 28, 1984, 98 Stat. 1523, § 2483

   Source evidence

   Code source credit
   Added Pub. L. 98–407, title VIII, § 810(a), Aug. 28, 1984, 98 Stat. 1523, § 2483

   Enacted provision · exact public law section
   (a) Chapter 147 of title 10, United States Code, is amended by adding at the end thereof the following new section: “§ 2483. Sale of electricity from alternate energy and cogeneration production facilities “(a) The Secretary of a military department may sell, contract to sell, or authorize the sale by a contractor to a public or private utility company of electrical energy generated from alternate energy or cogeneration type production facilities which are under the jurisdiction (or produced on land which is under the jurisdiction) of the Secretary concerned. The sale of such energy shall be made under such regulations, for such periods, and at such prices as the Secretary concerned prescribes consistent with the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.). “(b) Proceeds from sales under subsection (a) shall be credited to the appropriation account currently available to the military department concerned for the supply of electrical energy.”.

2. 1993

   Pub. L. 103–160 § 2802(a) · 107 Stat. 1547

   1. Amended · 10 U.S.C. § 2916(b)

      Pub. L. 103–160, § 2802(a), designated existing provisions as par. (1)

   2. Added · 10 U.S.C. § 2916(b)

      Pub. L. 103–160, § 2802(a), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–160, § 2802(a), designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   (a) Availability of Proceeds for Certain Construction Project.— Subsection (b) of section 2483 of title 10, United States Code, is amended— (1) by inserting “(1)” after “(b)”; and (2) by adding at the end the following new paragraph: “(2) Subject to the availability of appropriations for this purpose, proceeds credited under paragraph (1) may be used to carry out military construction projects under the energy performance plan developed by the Secretary of Defense under section 2865(a) of this title, including minor military construction projects authorized under section 2805 of this title that are designed to increase energy conservation.”.

3. 1993

   Pub. L. 103–160 § 2802(b) · 107 Stat. 1547

   Added · 10 U.S.C. § 2916(c)

   Pub. L. 103–160, § 2802(b), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 103–160, § 2802(b), added subsec. (c).

   Enacted provision · exact public law section
   (b) Notification Regarding Projects.— Such section is further amended by adding at the end the following new subsection: “(c) Before carrying out a military construction project described in subsection (b) using proceeds from sales under subsection (a), the Secretary concerned shall notify Congress in writing of the project, the justification for the project, and the estimated cost of the project. The project may be carried out only after the end of the 21-day period beginning on the date the notification is received by Congress.”.

4. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 div. A title III § 371(b)(2) · 111 Stat. 1629

   Changed · 10 U.S.C. § 2916

   Pub. L. 105–85 renumbered section 2483 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 105–85 renumbered section 2483 of this title as this section.

   Enacted provision · exact public law section
   (2) Sections 2483 and 2490 of such title are transferred to the end of subchapter III of chapter 169 of such title and redesignated as sections 2867 and 2868, respectively.

5. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 div. A title X § 1031(a)(49) · 117 Stat. 1392

   Inserted · 10 U.S.C. § 2916(c)

   Pub. L. 108–136 inserted before period at end “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 108–136 inserted before period at end “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title”.

   Enacted provision · exact public law section
   (49) Section 2867(c) is amended by inserting before the period at the end of the last sentence the following: “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title”.

6. 2006

   Military Construction Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 2851(b)(1) · 120 Stat. 2083

   Changed · 10 U.S.C. § 2916

   Pub. L. 109–364, § 2851(b)(1), renumbered section 2867 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 109–364, § 2851(b)(1), renumbered section 2867 of this title as this section.

   Enacted provision · exact public law section
   (1) Transfer and redesignation of chapter 159 and 169 provisions.— Sections 2857, 2867, 2689, and 2690 of title 10, United States Code, are— (A) transferred to chapter 173 of such title, as added by subsection (a)(1); (B) inserted after section 2914; and (C) redesignated as sections 2915, 2916, 2917, and 2918, respectively.

7. 2006

   Military Construction Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 2851(b)(3)(B) · 120 Stat. 2083

   Substituted · 10 U.S.C. § 2916(b)(2)

   Pub. L. 109–364, § 2851(b)(3)(B), substituted “2911(b)” for “2865(a)”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 109–364, § 2851(b)(3)(B), substituted “2911(b)” for “2865(a)”.

   Enacted provision · exact public law section
   (B) in subsection (b)(2) of section 2916 (former section 2867), as transferred and redesignated by paragraph (1), by striking “section 2865(a) of this title” and inserting “section 2911(b) of this title”;

8. 2017

   Military Construction Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 § 2831(c)(3) · 131 Stat. 1283

   Substituted · 10 U.S.C. § 2916(b)(2)

   Pub. L. 115–91, § 2831(c)(3), substituted “2911(c)” for “2911(b)”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 115–91, § 2831(c)(3), substituted “2911(c)” for “2911(b)”.

   Enacted provision · exact public law section
   (3) in section 2916(b)(2), by striking “2911(b)” and inserting “2911(c)”;

9. 2017

   Military Construction Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 § 2801(e)(2) · 131 Stat. 1283

   1. Struck · 10 U.S.C. § 2916(c)

      Pub. L. 115–91, § 2801(e)(2), struck out “in writing” after “notify Congress” and “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided” after “received by Congress”

   2. Substituted · 10 U.S.C. § 2916(c)

      Pub. L. 115–91, § 2801(e)(2), substituted “14-day period” for “21-day period”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 115–91, § 2801(e)(2), struck out “in writing” after “notify Congress” and “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided” after “received by Congress” and substituted “14-day period” for “21-day period”.

   Enacted provision · exact public law section
   (2) Section 2916(c) is amended— (A) by striking “in writing”; (B) by striking “21-day period” and inserting “14-day period”; and (C) by striking “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided”.

10. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 313(1) · 132 Stat. 1636

    Substituted · 10 U.S.C. § 2916(b)(1)

    Pub. L. 115–232, § 313(1), substituted “Except as provided in paragraph (3), proceeds” for “Proceeds”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 115–232, § 313(1), substituted “Except as provided in paragraph (3), proceeds” for “Proceeds”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “Proceeds” and inserting “Except as provided in paragraph (3), proceeds”; and

11. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 313(2) · 132 Stat. 1636

    Added · 10 U.S.C. § 2916(b)(3)

    Pub. L. 115–232, § 313(2), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 115–232, § 313(2), added par. (3).

    Enacted provision · exact public law section
    (2) by adding at the end the following new paragraph: “(3) In the case of proceeds from a sale of electrical energy generated from any geothermal energy resource— “(A) 50 percent shall be credited to the appropriation account described in paragraph (1); and “(B) 50 percent shall be deposited in a special account in the Treasury established by the Secretary concerned which shall be available, for military construction projects described in paragraph (2) or for installation energy or water security projects directly coordinated with local area energy or groundwater governing authorities, for the military installation in which the geothermal energy resource is located.” .

12. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 div. A title III § 318 · 133 Stat. 1198

    1. Substituted · 10 U.S.C. § 2916(b)(3)(B)

       Pub. L. 116–92 substituted “shall be provided directly to the commander of the military installation in which the geothermal energy resource is located to be used for—” for “shall be available, for military construction projects described in paragraph (2) or for installation energy or water security projects directly coordinated with local area energy or groundwater governing authorities, for the military installation in which the geothermal energy resource is located.”

    2. Added · 10 U.S.C. § 2916(b)(3)(B)

       Pub. L. 116–92 added cls. (i) and (ii)

    Source evidence

    Code amendment note
    Subsec. (b)(3)(B). Pub. L. 116–92 substituted “shall be provided directly to the commander of the military installation in which the geothermal energy resource is located to be used for—” for “shall be available, for military construction projects described in paragraph (2) or for installation energy or water security projects directly coordinated with local area energy or groundwater governing authorities, for the military installation in which the geothermal energy resource is located.” and added cls. (i) and (ii).

    Enacted provision · exact public law section
    SEC. 318. SALE OF ELECTRICITY FROM ALTERNATE ENERGY AND COGENERATION PRODUCTION FACILITIES.   Section 2916(b)(3)(B) of title 10, United States Code, is amended— (1) by striking “shall be available” and all that follows and inserting “shall be provided directly to the commander of the military installation in which the geothermal energy resource is located to be used for—”; and (2) by adding at the end the following new clauses: “(i) military construction projects described in paragraph (2) that benefit the military installation where the geothermal energy resource is located; or “(ii) energy or water security projects that— “(I) benefit the military installation where the geothermal energy resource is located; “(II) the commander of the military installation determines are necessary; and “(III) are directly coordinated with local area energy or groundwater governing authorities.” .

15 of 15 references resolved to an enrolled provision