Title 42 — The Public Health and Welfare
Chapter 96 — Biomass Energy and Alcohol Fuels
§ 8815. Price guarantees
Statutory text
Authority of Secretary concerned; minimum sales price
Subject to sections 8812 and 8817 of this title, the Secretary concerned may commit to guarantee, and guarantee, that the price that the owner or operator of any biomass energy project will receive for all or part of the production from that project shall not be less than a specified sales price determined as of the date of execution of the price guarantee or commitment to guarantee.
Cost-plus arrangements as basis
No price guarantee under this section may be based upon a cost-plus arrangement, or variant thereof, which guarantees a profit to the owner or operator involved.
The use of a cost-of-service pricing mechanism by a person pursuant to law, or by a regulatory body establishing rates for a regulated person, shall not be deemed to be a cost-plus arrangement, or variant thereof, for purposes of paragraph (1).
Maximum dollar amount of liability of United States
Each price guarantee, or commitment to guarantee, which is made under this section shall specify the maximum dollar amount of liability of the United States under that guarantee.
Renegotiation of sales price and maximum liability
If the Secretary determines, in the discretion of the Secretary, that—
a biomass energy project would not otherwise be satisfactorily completed or continued, and
completion or continuation of such project would be necessary to achieve the purposes of this chapter,
the sales price set forth in the price guarantee, and maximum liability under such guarantee, may be renegotiated.
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 Security Act
Pub. L. 96–294 title II § 215 · 94 Stat. 611
Enacted · 42 U.S.C. § 8815
(Pub. L. 96–294, title II, § 215, June 30, 1980, 94 Stat. 692.)
Source evidence
Code source credit
(Pub. L. 96–294, title II, § 215, June 30, 1980, 94 Stat. 692.)Enacted provision · exact public law section
Sec. 215. price guarantees (a) Subject to sections 212 and 217, the Secretary concerned may commit to guarantee, and guarantee, that the price that the owner or operator of any biomass energy project will receive for all or part of the production from that project shall not be less than a specified sales price determined as of the date of execution of the price guarantee or commitment to guarantee. (b) (1) No price guarantee under this section may be based upon a cost-plus arrangement, or variant thereof, which guarantees a profit to the owner or operator involved. (2) The use of a cost-of-service pricing mechanism by a person pursuant to law, or by a regulatory body establishing rates for a regulated person, shall not be deemed to be a cost-plus arrangement, or variant thereof, for purposes of paragraph (1). (c) Each price guarantee, or commitment to guarantee, which is made under this section shall specify the maximum dollar amount of liability of the United States under that guarantee. (d) If the Secretary determines, in the discretion of the Secretary, that— (1) a biomass energy project would not otherwise be satisfactorily completed or continued, and (2) completion or continuation of such project would be necessary to achieve the purposes of this title, the sales price set forth in the price guarantee, and maximum liability under such guarantee, may be renegotiated.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
This chapter, referred to in subsec. (d)(2), was in the original “this title”, meaning title II of Pub. L. 96–294, , 94 Stat. 683, known as the Biomass Energy and Alcohol Fuels Act of 1980, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 8801 of this title and Tables.