42 U.S.C. § 15972 — Loan to place Alaska clean coal tech-

Page 8754 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15963 (2) achievable for purposes of section 7479 of this title; or (3) achievable in practice for purposes of sec- tion 7501 of this title. (Pub. L. 109–58, title IV, § 402, Aug. 8, 2005, 119 Stat. 750; Pub. L. 110–140, title VI, § 653, Dec. 19, 2007, 121 Stat. 1695.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (i), is Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 594, known as the Energy Policy Act of 2005, which enacted this chapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 15801 of this title and Tables. AMENDMENTS 2007—Subsec. (b)(1)(B)(ii)(I). Pub. L. 110–140 added subcl. (I) and struck out former subcl. (I) which read as follows: ‘‘to remove at least 99 percent of sulfur diox- ide;’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. § 15963. Report Not later than 1 year after August 8, 2005, and once every 2 years thereafter through 2014, the Secretary, in consultation with other appro- priate Federal agencies, shall submit to Con- gress a report describing— (1) the technical milestones set forth in sec- tion 15962 of this title and how those mile- stones ensure progress toward meeting the re- quirements of subsections (b)(1)(B) and (b)(2) of section 15962 of this title; and (2) the status of projects funded under this part. (Pub. L. 109–58, title IV, § 403, Aug. 8, 2005, 119 Stat. 753.) § 15964. Clean coal centers of excellence (a) In general As part of the clean coal power initiative, the Secretary shall award competitive, merit-based grants to institutions of higher education for the establishment of centers of excellence for energy systems of the future. (b) Basis for grants The Secretary shall award grants under this section to institutions of higher education that show the greatest potential for advancing new clean coal technologies. (Pub. L. 109–58, title IV, § 404, Aug. 8, 2005, 119 Stat. 753.) § 15965. Time limit for award; extension If a Clean Coal Power Initiative project se- lected after March 11, 2009, for negotiation under this or any other Act in any fiscal year, is not awarded within 2 years from the date the appli- cation was selected, negotiations shall cease and the Federal funds committed to the application shall be retained by the Department for future coal-related research, development and dem- onstration projects, except that the time limit may be extended at the Secretary’s discretion for matters outside the control of the applicant, or if the Secretary determines that extension of the time limit is in the public interest. (Pub. L. 111–8, div. C, title III, Mar. 11, 2009, 123 Stat. 616.) Editorial Notes CODIFICATION Section was enacted as part of the Energy and Water Development and Related Agencies Appropriations Act, 2009, and also as part of the Omnibus Appropriations Act, 2009, and not as part of the Energy Policy Act of 2005 which comprises this chapter. PART B—CLEAN POWER PROJECTS § 15971. Integrated coal/renewable energy system (a) In general Subject to the availability of appropriations, the Secretary may provide loan guarantees for a project to produce energy from coal of less than 7,000 Btu/lb. using appropriate advanced inte- grated gasification combined cycle technology, including repowering of existing facilities, that— (1) is combined with wind and other renew- able sources; (2) minimizes and offers the potential to se- quester carbon dioxide emissions; and (3) provides a ready source of hydrogen for near-site fuel cell demonstrations. (b) Requirements The facility— (1) may be built in stages; (2) shall have a combined output of at least 200 megawatts at successively more competi- tive rates; and (3) shall be located in the Upper Great Plains. (c) Technical criteria Technical criteria described in section 15962(b) of this title shall apply to the facility. (d) Investment tax credits (1) In general The loan guarantees provided under this sec- tion do not preclude the facility from receiv- ing an allocation for investment tax credits under section 48A of title 26. (2) Other funding Use of the investment tax credit described in paragraph (1) does not prohibit the use of other clean coal program funding. (Pub. L. 109–58, title IV, § 411, Aug. 8, 2005, 119 Stat. 754.) § 15972. Loan to place Alaska clean coal tech- nology facility in service (a) Definitions In this section: (1) Borrower The term ‘‘borrower’’ means the owner of the clean coal technology plant. Page 8755 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15976 (2) Clean coal technology plant The term ‘‘clean coal technology plant’’ means the plant located near Healy, Alaska, constructed under Department cooperative agreement number DE–FC–22–91PC90544. (3) Cost of a direct loan The term ‘‘cost of a direct loan’’ has the meaning given the term in section 661a(5)(B) of title 2. (b) Authorization Subject to subsection (c), the Secretary shall use amounts made available under subsection (e) to provide the cost of a direct loan to the bor- rower for purposes of placing the clean coal technology plant into reliable operation for the generation of electricity. (c) Requirements (1) Maximum loan amount The amount of the direct loan provided under subsection (b) shall not exceed $80,000,000. (2) Determinations by Secretary Before providing the direct loan to the bor- rower under subsection (b), the Secretary shall determine that— (A) the plan of the borrower for placing the clean coal technology plant in reliable oper- ation has a reasonable prospect of success; (B) the amount of the loan (when com- bined with amounts available to the bor- rower from other sources) will be sufficient to carry out the project; and (C) there is a reasonable prospect that the borrower will repay the principal and inter- est on the loan. (3) Interest; term The direct loan provided under subsection (b) shall bear interest at a rate and for a term that the Secretary determines appropriate, after consultation with the Secretary of the Treasury, taking into account the needs and capacities of the borrower and the prevailing rate of interest for similar loans made by pub- lic and private lenders. (4) Additional terms and conditions The Secretary may require any other terms and conditions that the Secretary determines to be appropriate. (d) Use of payments The Secretary shall retain any payments of principal and interest on the direct loan pro- vided under subsection (b) to support energy re- search and development activities, to remain available until expended, subject to any other conditions in an applicable appropriations Act. (e) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to provide the cost of a di- rect loan under subsection (b). (Pub. L. 109–58, title IV, § 412, Aug. 8, 2005, 119 Stat. 754.) § 15973. Western integrated coal gasification demonstration project (a) In general Subject to the availability of appropriations, the Secretary shall carry out a project to dem- onstrate production of energy from coal mined in the western United States using integrated gasification combined cycle technology (referred to in this section as the ‘‘demonstration project’’). (b) Components The demonstration project— (1) may include repowering of existing facili- ties; (2) shall be designed to demonstrate the abil- ity to use coal with an energy content of not more than 9,000 Btu/lb.; and (3) shall be capable of removing and seques- tering carbon dioxide emissions. (c) All types of western coals Notwithstanding the foregoing, and to the ex- tent economically feasible, the demonstration project shall also be designed to demonstrate the ability to use a variety of types of coal (in- cluding subbituminous and bituminous coal with an energy content of up to 13,000 Btu/lb.) mined in the western United States. (d) Location The demonstration project shall be located in a western State at an altitude of greater than 4,000 feet above sea level. (e) Cost sharing The Federal share of the cost of the dem- onstration project shall be determined in ac- cordance with section 16352 of this title. (f) Loan guarantees Notwithstanding subchapter XIII, the dem- onstration project shall not be eligible for Fed- eral loan guarantees. (Pub. L. 109–58, title IV, § 413, Aug. 8, 2005, 119 Stat. 755.) Editorial Notes REFERENCES IN TEXT Subchapter XIII, referred to in subsec. (f), was in the original ‘‘title XIV’’, meaning title XIV of Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 1061, which enacted sub- chapter XIII of this chapter and section 13557 of this title. For complete classification of title XIV to the Code, see Tables. § 15974. Coal gasification The Secretary is authorized to provide loan guarantees for a project to produce energy from a plant using integrated gasification combined cycle technology of at least 400 megawatts in ca- pacity that produces power at competitive rates in deregulated energy generation markets and that does not receive any subsidy (direct or indi- rect) from ratepayers. (Pub. L. 109–58, title IV, § 414, Aug. 8, 2005, 119 Stat. 755.) § 15975. Petroleum coke gasification The Secretary is authorized to provide loan guarantees for at least 5 petroleum coke gasifi- cation projects. (Pub. L. 109–58, title IV, § 415, Aug. 8, 2005, 119 Stat. 756.) § 15976. Electron scrubbing demonstration The Secretary shall use $5,000,000 from amounts appropriated to initiate, through the