42 U.S.C. § 15853 — Rebate program

Page 8718 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15852 Editorial Notes AMENDMENTS 2020—Subsec. (a). Pub. L. 116–260 substituted ‘‘ma- rine’’ for ‘‘ocean (including tidal, wave, current, and thermal)’’. § 15852. Federal purchase requirement (a) Requirement The President, acting through the Secretary, shall seek to ensure that, to the extent economi- cally feasible and technically practicable, of the total amount of electric energy the Federal Gov- ernment consumes during any fiscal year, the following amounts shall be renewable energy: (1) Not less than 3 percent in fiscal years 2007 through 2009. (2) Not less than 5 percent in fiscal years 2010 through 2012. (3) Not less than 7.5 percent in fiscal year 2013 and each fiscal year thereafter. (b) Definitions In this section: (1) Biomass The term ‘‘biomass’’ means any lignin waste material that is segregated from other waste materials and is determined to be nonhaz- ardous by the Administrator of the Environ- mental Protection Agency and any solid, non- hazardous, cellulosic material that is derived from— (A) any of the following forest-related re- sources: mill residues, precommercial thinnings, slash, and brush, or nonmerchant- able material; (B) solid wood waste materials, including waste pallets, crates, dunnage, manufac- turing and construction wood wastes (other than pressure-treated, chemically-treated, or painted wood wastes), and landscape or right-of-way tree trimmings, but not includ- ing municipal solid waste (garbage), gas de- rived from the biodegradation of solid waste, or paper that is commonly recycled; (C) agriculture wastes, including orchard tree crops, vineyard, grain, legumes, sugar, and other crop by-products or residues, and livestock waste nutrients; or (D) a plant that is grown exclusively as a fuel for the production of electricity. (2) Renewable energy The term ‘‘renewable energy’’ means marine energy (as defined in section 17211 of this title), or electric energy produced from solar, wind, biomass, landfill gas, geothermal, mu- nicipal solid waste, or new hydroelectric gen- eration capacity achieved from increased effi- ciency or additions of new capacity at an ex- isting hydroelectric project. (c) Calculation (1) In general For purposes of determining compliance with the requirement of this section, the amount of renewable energy shall be doubled if— (A) the renewable energy is produced and used on-site at a Federal facility; (B) the renewable energy is produced on Federal lands and used at a Federal facility; or (C) the renewable energy is produced on Indian land as defined in title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501 et seq.) and used at a Federal facility. (2) Separate calculation (A) In general For purposes of determining compliance with the requirement of this section, any en- ergy consumption that is avoided through the use of geothermal energy shall be con- sidered to be renewable energy produced. (B) Efficiency accounting Energy consumption that is avoided through the use of geothermal energy that is considered to be renewable energy under this section shall not be considered energy effi- ciency for the purpose of compliance with Federal energy efficiency goals, targets, and incentives. (d) Report Not later than April 15, 2007, and every 2 years thereafter, the Secretary shall provide a report to Congress on the progress of the Federal Gov- ernment in meeting the goals established by this section. (Pub. L. 109–58, title II, § 203, Aug. 8, 2005, 119 Stat. 652; Pub. L. 116–260, div. Z, title III, §§ 3002(o), 3006(b)(2), Dec. 27, 2020, 134 Stat. 2497, 2512.) Editorial Notes REFERENCES IN TEXT The Energy Policy Act of 1992, referred to in subsec. (c)(1)(C), is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776. Title XXVI of the Act is classified generally to chapter 37 (§ 3501 et seq.) of Title 25, Indians. For complete clas- sification of this Act to the Code, see Short Title note set out under section 13201 of this title and Tables. AMENDMENTS 2020—Subsec. (b)(2). Pub. L. 116–260, § 3006(b)(2), in- serted ‘‘marine energy (as defined in section 17202 of this title), or’’ before ‘‘electric energy’’ and struck out ‘‘ocean (including tidal, wave, current, and thermal),’’ before ‘‘geothermal’’. Pub. L. 116–260, § 3002(o)(1), substituted ‘‘produced’’ for ‘‘generated’’. Subsec. (c). Pub. L. 116–260, § 3002(o)(2), designated ex- isting provisions as par. (1) and inserted heading, redes- ignated former pars. (1) to (3) as subpars. (A) to (C), re- spectively, of par. (1), and added par. (2). Executive Documents FEDERAL LEADERSHIP ON ENERGY MANAGEMENT Memorandum of President of the United States, Dec. 5, 2013, 78 F.R. 75209, which set a renewable energy tar- get and building performance and energy management requirements for Federal agencies, was revoked by Ex. Ord. No. 13693, § 16(b), Mar. 19, 2015, 80 F.R. 15880, for- merly set out in a note under section 4321 of this title. § 15853. Rebate program (1) Establishment The Secretary shall establish a program pro- viding rebates for consumers for expenditures made for the installation of a renewable energy system in connection with a dwelling unit or small business. Page 8719 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15855 (2) Amount of rebate Rebates provided under the program estab- lished under paragraph (1) shall be in an amount not to exceed the lesser of— (A) 25 percent of the expenditures described in paragraph (1) made by the consumer; or (B) $3,000. (3) Definition For purposes of this section, the term ‘‘renew- able energy system’’ has the meaning given that term in section 6865(c)(6)(A) of this title. (4) Authorization of appropriations There are authorized to be appropriated to the Secretary for carrying out this section, to re- main available until expended— (A) $150,000,000 for fiscal year 2006; (B) $150,000,000 for fiscal year 2007; (C) $200,000,000 for fiscal year 2008; (D) $250,000,000 for fiscal year 2009; and (E) $250,000,000 for fiscal year 2010. (Pub. L. 109–58, title II, § 206(c), Aug. 8, 2005, 119 Stat. 655.) § 15854. Sugar Cane Ethanol Program (a) Definition of program In this section, the term ‘‘program’’ means the Sugar Cane Ethanol Program established by subsection (b). (b) Establishment There is established within the Environmental Protection Agency a program to be known as the ‘‘Sugar Cane Ethanol Program’’. (c) Project (1) In general Subject to the availability of appropriations under subsection (d), in carrying out the pro- gram, the Administrator of the Environmental Protection Agency shall establish a project that is— (A) carried out in multiple States— (i) in each of which is produced cane sugar that is eligible for loans under sec- tion 7272 of title 7, or a similar subsequent authority; and (ii) at the option of each such State, that have an incentive program that requires the use of ethanol in the State; and (B) designed to study the production of ethanol from cane sugar, sugarcane, and sug- arcane byproducts. (2) Requirements A project described in paragraph (1) shall— (A) be limited to sugar producers and the production of ethanol in the States of Flor- ida, Louisiana, Texas, and Hawaii, divided equally among the States, to demonstrate that the process may be applicable to cane sugar, sugarcane, and sugarcane byproducts; (B) include information on the ways in which the scale of production may be rep- licated once the sugar cane industry has lo- cated sites for, and constructed, ethanol pro- duction facilities; and (C) not last more than 3 years. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $36,000,000, to remain available until expended. (Pub. L. 109–58, title II, § 208, Aug. 8, 2005, 119 Stat. 656.) § 15855. Grants to improve the commercial value of forest biomass for electric energy, useful heat, transportation fuels, and other com- mercial purposes (a) Definitions In this section: (1) Biomass The term ‘‘biomass’’ means nonmerchant- able materials or precommercial thinnings that are byproducts of preventive treatments, such as trees, wood, brush, thinnings, chips, and slash, that are removed— (A) to reduce hazardous fuels; (B) to reduce or contain disease or insect infestation; or (C) to restore forest health. (2) Indian tribe The term ‘‘Indian tribe’’ has the meaning given the term in section 5304(e) of title 25. (3) Nonmerchantable For purposes of subsection (b), the term ‘‘nonmerchantable’’ means that portion of the byproducts of preventive treatments that would not otherwise be used for higher value products. (4) Person The term ‘‘person’’ includes— (A) an individual; (B) a community (as determined by the Secretary concerned); (C) an Indian tribe; (D) a small business or a corporation that is incorporated in the United States; and (E) a nonprofit organization. (5) Preferred community The term ‘‘preferred community’’ means— (A) any Indian tribe; (B) any town, township, municipality, or other similar unit of local government (as determined by the Secretary concerned) that— (i) has a population of not more than 50,000 individuals; and (ii) the Secretary concerned, in the sole discretion of the Secretary concerned, de- termines contains or is located near Fed- eral or Indian land, the condition of which is at significant risk of catastrophic wild- fire, disease, or insect infestation or which suffers from disease or insect infestation; or (C) any county that— (i) is not contained within a metropoli- tan statistical area; and (ii) the Secretary concerned, in the sole discretion of the Secretary concerned, de- termines contains or is located near Fed- eral or Indian land, the condition of which is at significant risk of catastrophic wild- fire, disease, or insect infestation or which suffers from disease or insect infestation. (6) Secretary concerned The term ‘‘Secretary concerned’’ means the Secretary of Agriculture or the Secretary of the Interior.