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42 U.S.C. § 8820 — Purchase agreements
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Secretary concerned; consultative requirements** Subject to sections 8812 and 8817 of this title, the Secretary concerned may commit to make, and make, purchase agreements for all or part of the biomass energy production of any biomass energy project, if the Secretary determines—
(1) that such biomass energy is of a type, quantity, and quality that can be used by Federal agencies; and
(2) that the quantity of such biomass energy, if delivery is accepted, would not exceed the likely needs of Federal agencies.
Each Secretary concerned shall consult with the other Secretary before making any determination under paragraph (2).
**(b) Maximum sales price** The sales price specified in a purchase agreement under this section may not exceed the estimated prevailing market price as of the date of delivery, as determined by the Secretary of Energy, unless the Secretary concerned determines that such sales price must exceed the estimated prevailing market price in order to ensure the production of biomass energy to achieve the purposes of this chapter.
**(c) Assurances required** The Secretary concerned in entering into, or committing to enter into, a purchase agreement under this section shall require—
(1) assurances that the quality of the biomass energy purchased will meet standards for the use for which such energy is purchased;
(2) assurances that the ordered quantities of such energy will be delivered on a timely basis; and
(3) such other assurances as may reasonably be required.
**(d) Arrangements for delivery pursuant to agreement; charge to Federal agency receiving delivery** The Secretary concerned may take delivery of biomass energy pursuant to a purchase agreement under this section if appropriate arrangements have been made for its distribut
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Source location: Title 42, Chapter 96, § 8820; chapter-096-biomass-energy-and-alcohol-fuels.md
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**(a) Authority of Secretary concerned; consultative requirements** Subject to sections 8812 and 8817 of this title, the Secretary concerned may commit to make, and make, purchase agreements for all or part of the biomass energy production of any biomass energy project, if the Secretary determines—
(1) that such biomass energy is of a type, quantity, and quality that can be used by Federal agencies; and
(2) that the quantity of such biomass energy, if delivery is accepted, would not exceed the likely needs of Federal agencies.
Each Secretary concerned shall consult with the other Secretary before making any determination under paragraph (2).
**(b) Maximum sales price** The sales price specified in a purchase agreement under this section may not exceed the estimated prevailing market price as of the date of delivery, as determined by the Secretary of Energy, unless the Secretary concerned determines that such sales price must exceed the estimated prevailing market price in order to ensure the production of biomass energy to achieve the purposes of this chapter.
**(c) Assurances required** The Secretary concerned in entering into, or committing to enter into, a purchase agreement under this section shall require—
(1) assurances that the quality of the biomass energy purchased will meet standards for the use for which such energy is purchased;
(2) assurances that the ordered quantities of such energy will be delivered on a timely basis; and
(3) such other assurances as may reasonably be required.
**(d) Arrangements for delivery pursuant to agreement; charge to Federal agency receiving delivery** The Secretary concerned may take delivery of biomass energy pursuant to a purchase agreement under this section if appropriate arrangements have been made for its distribution to and use by one or more Federal agencies. Any Federal agency receiving such energy shall be charged (in accordance with otherwise applicable law), from sums appropriated to such Federal agency, for the prevailing market price as of the date of delivery, as determined by the Secretary of Energy, for the product which the biomass energy is replacing.
**(e) Consultative requirements** The Secretary concerned shall consult with the Secretary of Defense and the Administrator of the General Services Administration in carrying out this section.
**(f) Terms and conditions** Each purchase agreement, and commitment to enter into a purchase agreement, under this section shall provide that the Secretary concerned retains the right to refuse delivery of the biomass energy involved upon such terms and conditions as shall be specified in the purchase agreement.
**(g) Maximum dollar amount of liability of United States** Each purchase agreement, or commitment to enter into a purchase agreement, which is made under this section shall specify the maximum dollar amount of liability of the United States under that agreement.
**(h) Renegotiation of sales price and maximum liability** If the Secretary concerned 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 chapter,
the sales price set forth in the purchase agreement, and maximum liability under such agreement, may be renegotiated.
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Federal law — U.S. Code and appendices · legal_authorities
The Farm Credit Administration shall encourage production credit associations, Federal land banks, and banks for cooperatives to use existing authorities to make loans to eligible persons for commercially feasible biomass energy projects.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8801
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
(1) The term “alcohol” means alcohol (including methanol and ethanol) which is produced from biomass and which is suitable for use by itself or in combination with other substances as a fuel or as a substitute for petroleum or petrochemical feedstocks.
(2)
(A) The term “biomass” means any organic matter which is available on a renewable basis, including agricultural crops and agricultural wastes and residues, wood and wood wastes and residues, animal wastes, municipal wastes, and aquatic plants.
(B) For purposes of subchapter I, such term does not include municipal wastes; and for purposes of subchapter III, such term does not include aquatic plants and municipal wastes.
(3) The term “biomass fuel” means any gaseous, liquid, or solid fuel produced by conversion of biomass.
(4) The term “biomass energy” means—
(A) biomass fuel; or
(B) energy or steam derived from the direct combustion of biomass for the generation of electricity, mechanical power, or industrial process heat.
(5) The term “biomass energy project” means any facility (or portion of a facility) located in the United States which is primarily for—
(A) the production of biomass fuel (and byproducts); or
(B) the combustion of biomass for the purpose of generating industrial process heat, mechanical power, or electricity (including cogeneration).
(6) The term “Btu” means British thermal unit.
(7) The term “cogeneration” means the combined generation by any facility of—
(A) electrical or mechanical power, and
(B) steam or forms of useful energy (such as heat) which are used for industrial, commercial, heating, or cooling purposes.
(8) The term “cooperative” means any agricultural association, as that term is defined in [section 1141j(a) of title 12](https:/
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8812
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Federal law — U.S. Code and appendices · legal_authorities
Page 7657
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 8820
Treasury of the United States as miscellaneous
receipts. The preceding sentence shall not apply
to insured loans made under section 8813 of this
title.
(Pub. L. 96–294, title II, § 217, June 30, 1980, 94
Stat. 693.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(4)(C), was in
the original ‘‘this title’’, meaning title II of Pub. L.
96–294, June 30, 1980, 94 Stat. 683, known as the Biomass
Energy and Alcohol Fuels Act of 1980, which is classi-
fied principally to this chapter. For complete classi-
fication of title II to the Code, see Short Title note set
out under section 8801 of this title and Tables.
§ 8818. Reports
(a) Repealed. Pub. L. 99–386, title I, § 101(a), Aug.
22, 1986, 100 Stat. 821
(b) Comprehensive list of loans, grants, etc.
Within 120 days after June 30, 1980, the Sec-
retary of Energy and the Secretary of Agri-
culture shall submit to the Congress a com-
prehensive list of all the types of loans, grants,
incentives, rebates, or any other such private,
State, or Federal economic or financial benefits
now in effect or proposed which can be or have
been used for production of alcohol to be used as
a motor fuel or petroleum substitute.
(c) Annual reports; report evaluating overall im-
pact and plan for termination of Office of Al-
cohol Fuels
(1)(A) The Office of Alcohol Fuels shall submit
to the Congress and the President annual re-
ports containing a general description of the Of-
fice’s operations during the year and a descrip-
tion and evaluation of each biomass energy
project for which financial assistance by the Of-
fice is then in effect.
(B) Each annual report shall describe progress
made toward meeting the goals of this sub-
chapter and co
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 8820
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