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Title 42 — The Public Health and Welfare

Chapter 149 — National Energy Policy and Programs

§ 16511. Definitions

Statutory text

In this subchapter:

(1)

Commercial technology

(A)

In general

The term “commercial technology” means a technology in general use in the commercial marketplace.

(B)

Inclusions

The term “commercial technology” does not include a technology solely by use of the technology in a demonstration project funded by the Department.

(2)

Cost

The term “cost” has the meaning given the term “cost of a loan guarantee” within the meaning of section 661a(5)(C) of title 2.

(3)

Eligible project

The term “eligible project” means a project described in section 16513 of this title.

(4)

Guarantee

(A)

In general

The term “guarantee” has the meaning given the term “loan guarantee” in section 661a of title 2, except that a loan guarantee may guarantee any debt obligation of a non-Federal borrower to any Eligible Lender (as defined in section 609.2 of title 10, Code of Federal Regulations).

(B)

Inclusion

The term “guarantee” includes a loan guarantee commitment (as defined in section 661a of title 2).

(5)

Obligation

The term “obligation” means the loan or other debt obligation that is guaranteed under this section.

(6)

State

The term “State” has the meaning given the term in section 6802 of this title.

(7)

State energy financing institution

(A)

In general

The term “State energy financing institution” means a quasi-independent entity or an entity within a State agency or financing authority established by a State—

(i)

to provide financing support or credit enhancements, including loan guarantees and loan loss reserves, for eligible projects; and

(ii)

to create liquid markets for eligible projects, including warehousing and securitization, or take other steps to reduce financial barriers to the deployment of existing and new eligible projects.

(B)

Inclusion

The term “State energy financing institution” includes an entity or organization established to achieve the purposes described in clauses (i) and (ii) of subparagraph (A) by an Indian Tribal entity or an Alaska Native Corporation.

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. Energy Policy Act of 2005

    Pub. L. 109–58 title XVII § 1701 · 119 Stat. 594

    Enacted · 42 U.S.C. § 16511

    Pub. L. 109–58, title XVII, § 1701, Aug. 8, 2005, 119 Stat. 1117

    Source evidence

    Code source credit
    Pub. L. 109–58, title XVII, § 1701, Aug. 8, 2005, 119 Stat. 1117

    Enacted provision · exact public law section
    SEC. 1701. DEFINITIONS.   In this title: (1) Commercial technology.— (A) In general.— The term “commercial technology” means a technology in general use in the commercial marketplace. (B) Inclusions.— The term “commercial technology” does not include a technology solely by use of the technology in a demonstration project funded by the Department. (2) Cost.— The term “cost” has the meaning given the term “cost of a loan guarantee” within the meaning of section 502(5)(C) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)(C)). (3) Eligible project.— The term “eligible project” means a project described in section 1703. (4) Guarantee.— (A) In general.— The term “guarantee” has the meaning given the term “loan guarantee” in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). (B) Inclusion.— The term “guarantee” includes a loan guarantee commitment (as defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)). (5) Obligation.— The term “obligation” means the loan or other debt obligation that is guaranteed under this section.

  2. Infrastructure Investment and Jobs Act

    Pub. L. 117–58 div. D title IV § 40401(c)(1) · 135 Stat. 429

    Added · 42 U.S.C. § 16511(6); 42 U.S.C. § 16511(7)

    Pub. L. 117–58 added pars. (6) and (7)

    Source evidence

    Code amendment note
    Pars. (6), (7). Pub. L. 117–58 added pars. (6) and (7).

    Enacted provision · exact public law section
    (1) Definitions.— Section 1701 of the Energy Policy Act of 2005 (42 U.S.C. 16511) is amended by adding at the end the following: “(6) State.— The term ‘State’ has the meaning given the term in section 202 of the Energy Conservation and Production Act (42 U.S.C. 6802). “(7) State energy financing institution.— “(A) In general.— The term ‘State energy financing institution’ means a quasi-independent entity or an entity within a State agency or financing authority established by a State— “(i) to provide financing support or credit enhancements, including loan guarantees and loan loss reserves, for eligible projects; and “(ii) to create liquid markets for eligible projects, including warehousing and securitization, or take other steps to reduce financial barriers to the deployment of existing and new eligible projects. “(B) Inclusion.— The term ‘State energy financing institution’ includes an entity or organization established to achieve the purposes described in clauses (i) and (ii) of subparagraph (A) by an Indian Tribal entity or an Alaska Native Corporation.” .

  3. Pub. L. 117–169 title V § 50141(e) · 136 Stat. 1818

    Inserted · 42 U.S.C. § 16511(4)(A)

    Pub. L. 117–169 inserted “, except that a loan guarantee may guarantee any debt obligation of a non-Federal borrower to any Eligible Lender (as defined in section 609.2 of title 10, Code of Federal Regulations)” before period at end

    Source evidence

    Code amendment note
    Par. (4)(A). Pub. L. 117–169 inserted “, except that a loan guarantee may guarantee any debt obligation of a non-Federal borrower to any Eligible Lender (as defined in section 609.2 of title 10, Code of Federal Regulations)” before period at end.

    Enacted provision · exact public law section
    (e) Guarantee.— Section 1701(4)(A) of the Energy Policy Act of 2005 (42 U.S.C. 16511(4)(A)) is amended by inserting “, except that a loan guarantee may guarantee any debt obligation of a non-Federal borrower to any Eligible Lender (as defined in section 609.2 of title 10, Code of Federal Regulations)” before the period at the end.

3 of 3 references resolved to an enrolled provision

Editorial Notes

Amendments2021–2022 · 2 rounds

2022

Par. (4)(A). Pub. L. 117–169 inserted “, except that a loan guarantee may guarantee any debt obligation of a non-Federal borrower to any Eligible Lender (as defined in section 609.2 of title 10, Code of Federal Regulations)” before period at end.

2021

Pars. (6), (7). Pub. L. 117–58 added pars. (6) and (7).

Statutory Notes and Related Subsidiaries

Wage Rate Requirements

For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.

Credits

2005–2022 · 3 acts
  1. 2005Pub. L. 109–58, title XVII, § 1701, , 119 Stat. 1117
  2. 2021Pub. L. 117–58, div. D, title IV, § 40401(c)(1), , 135 Stat. 1037
  3. 2022Pub. L. 117–169, title V, § 50141(e), , 136 Stat. 2043.
Show as published

(Pub. L. 109–58, title XVII, § 1701, , 119 Stat. 1117; Pub. L. 117–58, div. D, title IV, § 40401(c)(1), , 135 Stat. 1037; Pub. L. 117–169, title V, § 50141(e), , 136 Stat. 2043.)

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