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42 U.S.C. § 16521 — Energy infrastructure reinvestment financing
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Notwithstanding [section 16513 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16513&num=0&edition=prelim), the Secretary may make guarantees, including refinancing, under this section only for projects that—
(1) retool, repower, repurpose, or replace energy infrastructure that has ceased operations;
(2) enable operating energy infrastructure to increase capacity or output; or
(3) support or enable the provision of known or forecastable electric supply at time intervals necessary to maintain or enhance grid reliability or other system adequacy needs.
**(b) Inclusion** A project under subsection (a) may include the remediation of environmental damage associated with energy infrastructure.
**(c) Application** To apply for a guarantee under this section, an applicant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including—
(1) a detailed plan describing the proposed project; and
(2) in the case of an applicant that is an electric utility, an assurance that the electric utility shall pass on any financial benefit from the guarantee made under this section to the customers of, or associated communities served by, the electric utility.
**(d) Term** Notwithstanding [section 16512(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16512/f&num=0&edition=prelim), the term of an obligation shall require full repayment over a period not to exceed 30 years.
**(e) Definition of energy infrastructure** In this section, the term “energy infrastructure” means a facility, and associated equipment, used for enabling the identification, leasing, development, production, processing, transp
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Source file: Laws/federal/codes/united-states-code/title-42/section-16521-energy-infrastructure-reinvestment-financing--71b44bffeb.md
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Source location: Title 42, Chapter 149, § 16521; chapter-149-national-energy-policy-and-programs.md
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**(a) In general** Notwithstanding [section 16513 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16513&num=0&edition=prelim), the Secretary may make guarantees, including refinancing, under this section only for projects that—
(1) retool, repower, repurpose, or replace energy infrastructure that has ceased operations;
(2) enable operating energy infrastructure to increase capacity or output; or
(3) support or enable the provision of known or forecastable electric supply at time intervals necessary to maintain or enhance grid reliability or other system adequacy needs.
**(b) Inclusion** A project under subsection (a) may include the remediation of environmental damage associated with energy infrastructure.
**(c) Application** To apply for a guarantee under this section, an applicant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including—
(1) a detailed plan describing the proposed project; and
(2) in the case of an applicant that is an electric utility, an assurance that the electric utility shall pass on any financial benefit from the guarantee made under this section to the customers of, or associated communities served by, the electric utility.
**(d) Term** Notwithstanding [section 16512(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16512/f&num=0&edition=prelim), the term of an obligation shall require full repayment over a period not to exceed 30 years.
**(e) Definition of energy infrastructure** In this section, the term “energy infrastructure” means a facility, and associated equipment, used for enabling the identification, leasing, development, production, processing, transportation, transmission, refining, and generation needed for energy and critical minerals.
**(f) Funding**
(1) **In general** — In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2025, out of any money in the Treasury not otherwise appropriated, $1,000,000,000, to remain available through September 30, 2028, to carry out activities under this section.
(2) **Administrative costs** — Of the amount made available under paragraph (1), the Secretary shall use not more than 3 percent for administrative expenses.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except for division C of Public Law 108–324 [[15 U.S.C. 720](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section720&num=0&edition=prelim) et seq.], the Secretary shall make guarantees under this or any other Act for projects, including projects receiving financial support or credit enhancements from a State energy financing institution, on such terms and conditions as the Secretary determines, after consultation with the Secretary of the Treasury, only in accordance with this section.
**(b) Specific appropriation or contribution**
(1) **In general** — Except as provided in paragraph (2), the cost of a guarantee shall be paid by the Secretary using an appropriation made for the cost of the guarantee, subject to the availability of such an appropriation.
(2) **Insufficient appropriations** — If sufficient appropriated funds to pay the cost of a guarantee are not available, then the guarantee shall not be made unless—
(A) the Secretary has received from the borrower a payment in full for the cost of the guarantee and deposited the payment into the Treasury; or
(B) a combination of one or more appropriations and one or more payments from the borrower under this subsection has been made that is sufficient to cover the cost of the guarantee.
(3) **Source of payments** — The source of a payment received from a borrower under subparagraph (A) or (B) of paragraph (2) may not be a loan or other debt obligation that is made or guaranteed by the Federal Government.
**(c) Amount** Unless otherwise provided by law, a guarantee by the Secretary shall not exceed an amount equal to 80 percent of the project cost of the facility that is the subject of the guarantee, as estimated at the time at which the guarantee is issued.
**(d) Re
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Federal law — U.S. Code and appendices · legal_authorities
Page 8916
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 16516
execution of the program under title XVII of the
Energy Policy Act of 2005. The results of the
independent audit and the Comptroller Gen-
eral’s review shall be provided directly to the
Committees on Appropriations of the House of
Representatives and the Senate.
(d) The Secretary of Energy shall promulgate
final regulations for loan guarantees under title
XVII of the Energy Policy Act of 2005 [42 U.S.C.
16501 et seq.] within 6 months of February 15,
2007.
(e) Not later than 120 days after February 15,
2007, and annually thereafter, the Secretary of
Energy shall transmit to the Committees on Ap-
propriations of the House of Representatives and
the Senate a report containing a summary of all
activities under title XVII of the Energy Policy
Act of 2005 [42 U.S.C. 16511 et seq.], beginning in
fiscal year 2007, with a listing of responses to
loan guarantee solicitations under such title,
describing the technologies, amount of loan
guarantee sought, and the applicants’ assess-
ment of risk.
(Pub. L. 109–289, div. B, title II, § 20320, as added
Pub. L. 110–5, § 2, Feb. 15, 2007, 121 Stat. 21;
amended Pub. L. 113–76, div. D, title III, § 307,
Jan. 17, 2014, 128 Stat. 175.)
Editorial Notes
REFERENCES IN TEXT
Section 101, referred to in subsec. (a), is section 101 of
title I of div. B of Pub. L. 109–289, as added by Pub. L.
110–5, § 2, Feb. 15, 2007, 121 Stat. 8. Subsec. (b) of section
101 is classified as a note under section 12651i of this
title. Subsecs. (a) and (c) of section 101 are not classi-
fied to the Code.
The Federal Credit Reform Act of 1990, referred to in
subsec. (a), is title V of Pub. L. 93–344, as added by Pub.
L. 101–508, title XIII, § 13201(a), Nov. 5, 1990, 104 Stat.
138
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