
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC13317]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 134--ENERGY POLICY
 
                     SUBCHAPTER V--RENEWABLE ENERGY
 
Sec. 13317. Renewable energy production incentive


(a) Incentive payments

    For electric energy generated and sold by a qualified renewable 
energy facility during the incentive period, the Secretary shall make, 
subject to the availability of appropriations, incentive payments to the 
owner or operator of such facility. The amount of such payment made to 
any such owner or operator shall be as determined under subsection (e) 
of this section. Payments under this section may only be made upon 
receipt by the Secretary of an incentive payment application which 
establishes that the applicant is eligible to receive such payment and 
which satisfies such other requirements as the Secretary deems 
necessary. Such application shall be in such form, and shall be 
submitted at such time, as the Secretary shall establish.

(b) Qualified renewable energy facility

    For purposes of this section, a qualified renewable energy facility 
is a facility which is owned by a State or any political subdivision of 
a State (or an agency, authority, or instrumentality of a State or a 
political subdivision), by any corporation or association which is 
wholly owned, directly or indirectly, by one or more of the foregoing, 
or by a nonprofit electrical cooperative and which generates electric 
energy for sale in, or affecting, interstate commerce using solar, wind, 
biomass, or geothermal energy, except that--
        (1) the burning of municipal solid waste shall not be treated as 
    using biomass energy; and
        (2) geothermal energy shall not include energy produced from a 
    dry steam geothermal reservoir which has--
            (A) no mobile liquid in its natural state;
            (B) steam quality of 95 percent water; and
            (C) an enthalpy for the total produced fluid greater than or 
        equal to 1200 Btu/lb (British thermal units per pound).

(c) Eligibility window

    Payments may be made under this section only for electricity 
generated from a qualified renewable energy facility first used during 
the 10-fiscal year period beginning with the first full fiscal year 
occurring after October 24, 1992.

(d) Payment period

    A qualified renewable energy facility may receive payments under 
this section for a 10-fiscal year period. Such period shall begin with 
the fiscal year in which electricity generated from the facility is 
first eligible for such payments.

(e) Amount of payment

                           (1) In general

        Incentive payments made by the Secretary under this section to 
    the owner or operator of any qualified renewable energy facility 
    shall be based on the number of kilowatt hours of electricity 
    generated by the facility through the use of solar, wind, biomass, 
    or geothermal energy during the payment period referred to in 
    subsection (d) of this section. For any facility, the amount of such 
    payment shall be 1.5 cents per kilowatt hour, adjusted as provided 
    in paragraph (2).

                           (2) Adjustments

        The amount of the payment made to any person under this 
    subsection as provided in paragraph (1) shall be adjusted for 
    inflation for each fiscal year beginning after calendar year 1993 in 
    the same manner as provided in the provisions of section 29(d)(2)(B) 
    of title 26, except that in applying such provisions the calendar 
    year 1993 shall be substituted for calendar year 1979.

(f) Sunset

    No payment may be made under this section to any facility after the 
expiration of the 20-fiscal year period beginning with the first full 
fiscal year occurring after October 24, 1992, and no payment may be made 
under this section to any facility after a payment has been made with 
respect to such facility for a 10-fiscal year period.

(g) Authorization of appropriations

    There are authorized to be appropriated to the Secretary for fiscal 
years 1993, 1994, and 1995 such sums as may be necessary to carry out 
the purposes of this section.

(Pub. L. 102-486, title XII, Sec. 1212, Oct. 24, 1992, 106 Stat. 2969.)
