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42 U.S.C. § 15963 — Report
Federal law — U.S. Code and appendices · legal_authorities
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amended, and repealed numerous other sections and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 coa
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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amended, and repealed numerous other sections and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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** To be eligible to receive assistance under this part, a project shall advance efficiency, environmental performance, and cost competitiveness well beyond the level of technologies that are in commercial service or have been demonstrated on a scale that the Secretary determines is sufficient to demonstrate that commercial service is viable as of August 8, 2005.
**(b) Technical criteria for clean coal power initiative**
(1) **Gasification projects**
(A) *In general* — In allocating the funds made available under [section 15961(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15961/a&num=0&edition=prelim), the Secretary shall ensure that at least 70 percent of the funds are used only to fund projects on coal-based gasification technologies, including—
(i) gasification combined cycle;
(ii) gasification fuel cells and turbine combined cycle;
(iii) gasification coproduction;
(iv) hybrid gasification and combustion; and
(v) other advanced coal based technologies capable of producing a concentrated stream of carbon dioxide.
(B) *Technical milestones*
(i) *Periodic determination*
(I) *In general* — The Secretary shall periodically set technical milestones specifying the emission and thermal efficiency levels that coal gasification projects under this part shall be designed, and reasonably expected, to achieve.
(II) *Prescriptive milestones* — The technical milestones shall become more prescriptive during the period of the clean coal power initiative.
(ii) *2020 goals* — The Secretary shall establish the periodic milestones so as to achieve by the year 2020 coal gasification projects able—
(I)
(aa) to remove at least 99 percent of sulfur dioxide
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