Title 42 — The Public Health and Welfare
Part C · Chapter 77 — Energy Conservation
§ 6343. Waste energy recovery incentive grant program
Statutory text
Establishment
The Secretary shall establish in the Department of Energy a waste energy recovery incentive grant program to provide incentive grants to—
owners and operators of projects that successfully produce electricity or incremental useful thermal energy from waste energy recovery;
utilities purchasing or distributing the electricity; and
States that have achieved 80 percent or more of recoverable waste heat recovery opportunities.
Grants to projects and utilities
In general
The Secretary shall make grants under this section—
to the owners or operators of waste energy recovery projects; and
in the case of excess power purchased or transmitted by a electric utility, to the utility.
Proof
Grants may only be made under this section on receipt of proof of waste energy recovery or excess electricity generation, or both, from the project in a form prescribed by the Secretary.
Excess electric energy
In general
In the case of waste energy recovery, a grant under this section shall be made at the rate of $10 per megawatt hour of documented electricity produced from recoverable waste energy (or by prevention of waste energy in the case of a new facility) by the project during the first 3 calendar years of production, beginning on or after .
Utilities
If the project produces net excess power and an electric utility purchases or transmits the excess power, 50 percent of so much of the grant as is attributable to the net excess power shall be paid to the electric utility purchasing or transporting the net excess power.
Useful thermal energy
In the case of waste energy recovery that produces useful thermal energy that is used for a purpose different from that for which the project is principally designed, a grant under this section shall be made to the owner or operator of the waste energy recovery project at the rate of $10 for each 3,412,000 Btus of the excess thermal energy used for the different purpose.
Grants to States
In the case of any State that has achieved 80 percent or more of waste heat recovery opportunities identified by the Secretary under this part, the Administrator shall make a 1-time grant to the State in an amount of not more than $1,000 per megawatt of waste-heat capacity recovered (or a thermal equivalent) to support State-level programs to identify and achieve additional energy efficiency.
Eligibility
The Secretary shall—
establish rules and guidelines to establish eligibility for grants under subsection (b);
publicize the availability of the grant program known to owners or operators of recoverable waste energy sources and sites listed on the Registry; and
award grants under the program on the basis of the merits of each project in recovering or preventing waste energy throughout the United States on an impartial, objective, and not unduly discriminatory basis.
Limitation
The Secretary shall not award grants to any person for a combined heat and power project or a waste heat recovery project that qualifies for specific Federal tax incentives for combined heat and power or for waste heat recovery.
Authorization of appropriations
There are authorized to be appropriated to the Secretary—
to make grants to projects and utilities under subsection (b)—
$100,000,000 for fiscal year 2008 and $200,000,000 for each of fiscal years 2009 through 2012; and
such additional amounts for fiscal year 2008 and each fiscal year thereafter as may be necessary for administration of the waste energy recovery incentive grant program; and
to make grants to States under subsection (b), $10,000,000 for each of fiscal years 2008 through 2012, to remain available until expended.
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.
Energy Policy and Conservation Act
Pub. L. 94–163 title III § 373 · 89 Stat. 871
Enacted · 42 U.S.C. § 6343
(Pub. L. 94–163, title III, § 373, as added Pub. L. 110–140, title IV, § 451(a), Dec. 19, 2007, 121 Stat. 1627.)
Source evidence
Code source credit
(Pub. L. 94–163, title III, § 373, as added Pub. L. 110–140, title IV, § 451(a), Dec. 19, 2007, 121 Stat. 1627.)Enacted provision · exact public law section
Sec. 373. identification of major energy consumers Within 90 days after the date of enactment of this Act, the Administrator shall identify each major energy-consuming industry in the United States, and shall establish a priority ranking of such industries on the basis of their respective total annual energy consumption. Within each industry so identified, the Administrator shall identify each corporation which— (1) consumes at least one trillion British thermal units of energy per year, and (2) is among the corporations identified by the Administrator as the 50 most energy-consumptive corporations in such industry.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 6343, Pub. L. 94–163, title III, § 373, , 89 Stat. 936; Pub. L. 95–619, title VI, §§ 601(a), 691(b)(2), , 92 Stat. 3282, 3288, related to identification of major energy-consuming industries and corporations in the United States, prior to repeal by Pub. L. 99–509, title III, § 3101(b), , 100 Stat. 1888.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the date that is 1 day after , see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.
Credits
(Pub. L. 94–163, title III, § 373, as added Pub. L. 110–140, title IV, § 451(a), , 121 Stat. 1627.)