42 U.S.C. § 16501 — Commercial byproducts from municipal

Page 8907 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16501 (E) include at least 5,000,000 square feet of enclosed space. (5) First-in-Class use Notwithstanding paragraphs (2) through (4), a new building project may qualify under this section if the Secretary determines that the project— (A) represents a First-In-Class use of re- newable energy; or (B) otherwise establishes a new paradigm of building integrated renewable energy use or energy efficiency. (d) Application (1) Initial applications No later than 120 days after August 8, 2005, and annually thereafter, the Secretary shall publish in the Federal Register an invitation and guidelines for submitting applications, consistent with this section. (2) Contents The application shall describe the project, or planned project, and the plans to meet the cri- teria established under subsection (c). (e) Certification (1) In general Not later than 60 days after the application period described in subsection (d), and annu- ally thereafter, the Secretary shall certify projects that are reasonably expected to meet the criteria established under subsection (c). (2) Certified projects The Secretary shall designate personnel of the Department to work with persons carrying out each certified project and ensure that the personnel— (A) provide each certified project with guidance in meeting the criteria established under subsection (c); (B) identify programs of the Department, including National Laboratories and Tech- nology Centers, that will assist each project in meeting the criteria established under subsection (c); and (C) ensure that knowledge and transfer of the most current technology between the ap- plicable resources of the Federal Govern- ment (including the National Laboratories and Technology Centers, the Department, and the Environmental Protection Agency) and the certified projects is being facilitated to accelerate commercialization of work de- veloped through those resources. (f) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2006 through 2010. (Pub. L. 109–58, title XIV, § 1405, Aug. 8, 2005, 119 Stat. 1062.) § 16494. Oxygen-fuel (a) Program The Secretary shall establish a program on ox- ygen-fuel systems. If feasible, the program shall include renovation of at least one existing large unit and one existing small unit, and construc- tion of one new large unit and one new small unit. (b) Authorization of appropriations There are authorized to be appropriated to the Secretary for carrying out this section— (1) $100,000,000 for fiscal year 2006; (2) $100,000,000 for fiscal year 2007; and (3) $100,000,000 for fiscal year 2008. (c) Definitions For purposes of this section— (1) the term ‘‘large unit’’ means a unit with a generating capacity of 100 megawatts or more; (2) the term ‘‘oxygen-fuel systems’’ means systems that utilize fuel efficiency benefits of oil, gas, coal, and biomass combustion using substantially pure oxygen, with high flame temperatures and the exclusion of air from the boiler, in industrial or electric utility steam generating units; and (3) the term ‘‘small unit’’ means a unit with a generating capacity in the 10–50 megawatt range. (Pub. L. 109–58, title XIV, § 1407, Aug. 8, 2005, 119 Stat. 1064.) SUBCHAPTER XIV—ETHANOL AND MOTOR FUELS § 16501. Commercial byproducts from municipal solid waste and cellulosic biomass loan guar- antee program (a) Definition of municipal solid waste In this section, the term ‘‘municipal solid waste’’ has the meaning given the term ‘‘solid waste’’ in section 6903 of this title. (b) Establishment of program The Secretary shall establish a program to provide guarantees of loans by private institu- tions for the construction of facilities for the processing and conversion of municipal solid waste and cellulosic biomass into fuel ethanol and other commercial byproducts. (c) Requirements The Secretary may provide a loan guarantee under subsection (b) to an applicant if— (1) without a loan guarantee, credit is not available to the applicant under reasonable terms or conditions sufficient to finance the construction of a facility described in sub- section (b); (2) the prospective earning power of the ap- plicant and the character and value of the se- curity pledged provide a reasonable assurance of repayment of the loan to be guaranteed in accordance with the terms of the loan; and (3) the loan bears interest at a rate deter- mined by the Secretary to be reasonable, tak- ing into account the current average yield on outstanding obligations of the United States with remaining periods of maturity com- parable to the maturity of the loan. (d) Criteria In selecting recipients of loan guarantees from among applicants, the Secretary shall give pref- erence to proposals that— (1) meet all applicable Federal and State permitting requirements; Page 8908 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16502 1 See References in Text note below. 1 See References in Text note below. (2) are most likely to be successful; and (3) are located in local markets that have the greatest need for the facility because of— (A) the limited availability of land for waste disposal; (B) the availability of sufficient quantities of cellulosic biomass; or (C) a high level of demand for fuel ethanol or other commercial byproducts of the facil- ity. (e) Maturity A loan guaranteed under subsection (b) shall have a maturity of not more than 20 years. (f) Terms and conditions The loan agreement for a loan guaranteed under subsection (b) shall provide that no provi- sion of the loan agreement may be amended or waived without the consent of the Secretary. (g) Assurance of repayment The Secretary shall require that an applicant for a loan guarantee under subsection (b) pro- vide an assurance of repayment in the form of a performance bond, insurance, collateral, or other means acceptable to the Secretary in an amount equal to not less than 20 percent of the amount of the loan. (h) Guarantee fee The recipient of a loan guarantee under sub- section (b) shall pay the Secretary an amount determined by the Secretary to be sufficient to cover the administrative costs of the Secretary relating to the loan guarantee. (i) Full faith and credit The full faith and credit of the United States is pledged to the payment of all guarantees made under this section. Any such guarantee made by the Secretary shall be conclusive evi- dence of the eligibility of the loan for the guar- antee with respect to principal and interest. The validity of the guarantee shall be incontestable in the hands of a holder of the guaranteed loan. (j) Reports Until each guaranteed loan under this section has been repaid in full, the Secretary shall an- nually submit to Congress a report on the ac- tivities of the Secretary under this section. (k) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. (l) Termination of authority The authority of the Secretary to issue a loan guarantee under subsection (b) terminates on the date that is 10 years after August 8, 2005. (Pub. L. 109–58, title XV, § 1510, Aug. 8, 2005, 119 Stat. 1085.) § 16502. Advanced Biofuel Technologies Program (a) In general Subject to the availability of appropriations under subsection (d), the Administrator of the Environmental Protection Agency shall, in con- sultation with the Secretary of Agriculture and the Biomass Research and Development Tech- nical Advisory Committee established under sec- tion 8605 1 of title 7, establish a program, to be known as the ‘‘Advanced Biofuel Technologies Program’’, to demonstrate advanced tech- nologies for the production of alternative trans- portation fuels. (b) Priority In carrying out the program under subsection (a), the Administrator shall give priority to projects that enhance the geographical diversity of alternative fuels production and utilize feed- stocks that represent 10 percent or less of eth- anol or biodiesel fuel production in the United States during the previous fiscal year. (c) Demonstration projects (1) In general As part of the program under subsection (a), the Administrator shall fund demonstration projects— (A) to develop not less than 4 different conversion technologies for producing cel- lulosic biomass ethanol; and (B) to develop not less than 5 technologies for coproducing value-added bioproducts (such as fertilizers, herbicides, and pes- ticides) resulting from the production of bio- diesel fuel. (2) Administration Demonstration projects under this sub- section shall be— (A) conducted based on a merit-reviewed, competitive process; and (B) subject to the cost-sharing require- ments of section 16352 of this title. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section $110,000,000 for each of fis- cal years 2005 through 2009. (Pub. L. 109–58, title XV, § 1514, Aug. 8, 2005, 119 Stat. 1090.) Editorial Notes REFERENCES IN TEXT Section 8605 of title 7, referred to in subsec. (a), was repealed by Pub. L. 110–246, title IX, § 9001(b), June 18, 2008, 122 Stat. 2095. Provisions relating to a Biomass Re- search and Development Technical Advisory Com- mittee are now contained in section 8108(d) of title 7, Agriculture. § 16503. Sugar ethanol loan guarantee program (a) In general Funds may be provided for the cost (as defined in section 661a of title 2) of loan guarantees issued under title XIV 1 to carry out commercial demonstration projects for ethanol derived from sugarcane, bagasse, and other sugarcane byprod- ucts. (b) Demonstration projects The Secretary may issue loan guarantees under this section to projects to demonstrate commercially the feasibility and viability of producing ethanol using sugarcane, sugarcane bagasse, and other sugarcane byproducts as a feedstock.