10 U.S.C. § 2916 — Sale of electricity from alternate energy

Page 2348 TITLE 10—ARMED FORCES § 2916 1 See References in Text note below. 1984—Subsec. (b)(1). Pub. L. 98–525 substituted ‘‘use of such forms of energy has the potential for’’ for ‘‘use of solar energy has the potential for’’. 1982—Pub. L. 97–321, § 801(b)(2), substituted ‘‘renew- able forms of energy in new facilities’’ for ‘‘solar en- ergy systems’’ in section catchline. Subsec. (a). Pub. L. 97–321, § 801(b)(1)(A), substituted ‘‘energy systems using solar energy or other renewable forms of energy’’ and ‘‘such form of energy would’’ for ‘‘solar energy systems’’ and ‘‘solar energy would’’, re- spectively. Subsec. (b)(1). Pub. L. 97–321, § 801(b)(1)(B), substituted ‘‘energy systems using solar energy or other renewable forms of energy’’ for ‘‘solar energy systems’’ and di- rected that ‘‘such form of energy has’’ be substituted for ‘‘a solar energy has’’, but ‘‘a solar energy has’’ did not appear in par. (1). See 1984 Amendment note above. Subsec. (b)(2). Pub. L. 97–321, § 801(b)(1)(B)(i), sub- stituted ‘‘energy systems using solar energy or other renewable forms of energy’’ for ‘‘solar energy systems’’. Subsec. (c). Pub. L. 97–321, § 801(b)(1)(C)–(E), sub- stituted: in par. (1) ‘‘an energy system using solar en- ergy or other renewable forms of energy’’ for ‘‘a solar energy system’’ before ‘‘for a facility’’ and in items (A) and (B) ‘‘such a system’’ for ‘‘a solar energy system’’; in par. (2)(A) ‘‘an energy system using solar energy or other renewable forms of energy’’ for ‘‘a solar energy system’’; and in par. (3) ‘‘energy system using solar en- ergy or other renewable forms of energy’’ for ‘‘solar en- ergy system’’, respectively. Subsec. (d). Pub. L. 97–321, § 801(b)(1)(F), substituted ‘‘heating equipment, cooling equipment, or both heat- ing and cooling equipment using solar energy or other renewable forms of energy or with a passive energy en- ergy system using solar energy or other renewable forms of energy’’ for ‘‘solar heating equipment, solar cooling equipment, or both solar heating and solar cooling equipment, or with a passive solar energy sys- tem’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–525, title XIV, § 1405(45)(B), Oct. 19, 1984, 98 Stat. 2625, provided that: ‘‘The amendment made by subparagraph (A) [amending this section] shall take ef- fect as if it had been included in the amendments made by section 801 of Public Law 97–321.’’ EFFECTIVE DATE For effective date and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title. § 2916. Sale of electricity from alternate energy and cogeneration production facilities (a) The Secretary of a military department may sell, contract to sell, or authorize the sale by a contractor to a public or private utility company of electrical energy generated from al- ternate energy or cogeneration type production facilities which are under the jurisdiction (or produced on land which is under the jurisdic- tion) of the Secretary concerned. The sale of such energy shall be made under such regula- tions, for such periods, and at such prices as the Secretary concerned prescribes consistent with the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.). (b)(1) Except as provided in paragraph (3), pro- ceeds from sales under subsection (a) shall be credited to the appropriation account currently available to the military department concerned for the supply of electrical energy. (2) Subject to the availability of appropria- tions for this purpose, proceeds credited under paragraph (1) may be used to carry out military construction projects under the energy perform- ance plan developed by the Secretary of Defense under section 2911(c) 1 of this title, including minor military construction projects authorized under section 2805 of this title that are designed to increase energy conservation. (3) In the case of proceeds from a sale of elec- trical energy generated from any geothermal en- ergy resource— (A) 50 percent shall be credited to the appro- priation account described in paragraph (1); and (B) 50 percent shall be deposited in a special account in the Treasury established by the Secretary concerned which shall be provided directly to the commander of the military in- stallation in which the geothermal energy re- source is located to be used for— (i) military construction projects de- scribed in paragraph (2) that benefit the military installation where the geothermal energy resource is located; or (ii) energy or water security projects that— (I) benefit the military installation where the geothermal energy resource is located; (II) the commander of the military in- stallation determines are necessary; and (III) are directly coordinated with local area energy or groundwater governing au- thorities. (c) Before carrying out a military construc- tion project described in subsection (b) using proceeds from sales under subsection (a), the Secretary concerned shall notify Congress of the project, the justification for the project, and the estimated cost of the project. The project may be carried out only after the end of the 14-day period beginning on the date the notification is received by Congress in an electronic medium pursuant to section 480 of this title. (Added Pub. L. 98–407, title VIII, § 810(a), Aug. 28, 1984, 98 Stat. 1523, § 2483; amended Pub. L. 103–160, div. B, title XXVIII, § 2802, Nov. 30, 1993, 107 Stat. 1884; renumbered § 2867, Pub. L. 105–85, div. A, title III, § 371(b)(2), Nov. 18, 1997, 111 Stat. 1705; Pub. L. 108–136, div. A, title X, § 1031(a)(49), Nov. 24, 2003, 117 Stat. 1602; renumbered § 2916 and amended Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(1), (3)(B), Oct. 17, 2006, 120 Stat. 2494; Pub. L. 115–91, div. B, title XXVIII, §§ 2801(e)(2), 2831(c)(3), Dec. 12, 2017, 131 Stat. 1845, 1858; Pub. L. 115–232, div. A, title III, § 313, Aug. 13, 2018, 132 Stat. 1711; Pub. L. 116–92, div. A, title III, § 318, Dec. 20, 2019, 133 Stat. 1305.) Editorial Notes REFERENCES IN TEXT The Public Utility Regulatory Policies Act of 1978, referred to in subsec. (a), is Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3117, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 16, Conservation, and Tables. Section 2911(c) of this title, referred to in subsec. (b)(2), was, prior to amendment by Pub. L. 115–91, a ref- erence to section 2911(b) of this title. Pub. L. 115–91 re- Page 2349 TITLE 10—ARMED FORCES § 2918 designated subsec. (b) of section 2911, relating to the de- velopment of an energy performance master plan, as (d), not (c). AMENDMENTS 2019—Subsec. (b)(3)(B). Pub. L. 116–92 substituted ‘‘shall be provided directly to the commander of the military installation in which the geothermal energy resource is located to be used for—’’ for ‘‘shall be avail- able, for military construction projects described in paragraph (2) or for installation energy or water secu- rity projects directly coordinated with local area en- ergy or groundwater governing authorities, for the military installation in which the geothermal energy resource is located.’’ and added cls. (i) and (ii). 2018—Subsec. (b)(1). Pub. L. 115–232, § 313(1), sub- stituted ‘‘Except as provided in paragraph (3), pro- ceeds’’ for ‘‘Proceeds’’. Subsec. (b)(3). Pub. L. 115–232, § 313(2), added par. (3). 2017—Subsec. (b)(2). Pub. L. 115–91, § 2831(c)(3), sub- stituted ‘‘2911(c)’’ for ‘‘2911(b)’’. Subsec. (c). Pub. L. 115–91, § 2801(e)(2), struck out ‘‘in writing’’ after ‘‘notify Congress’’ and ‘‘or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided’’ after ‘‘received by Congress’’ and substituted ‘‘14-day period’’ for ‘‘21- day period’’. 2006—Pub. L. 109–364, § 2851(b)(1), renumbered section 2867 of this title as this section. Subsec. (b)(2). Pub. L. 109–364, § 2851(b)(3)(B), sub- stituted ‘‘2911(b)’’ for ‘‘2865(a)’’. 2003—Subsec. (c). Pub. L. 108–136 inserted before pe- riod at end ‘‘or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notifica- tion is provided in an electronic medium pursuant to section 480 of this title’’. 1997—Pub. L. 105–85 renumbered section 2483 of this title as this section. 1993—Subsec. (b). Pub. L. 103–160, § 2802(a), designated existing provisions as par. (1) and added par. (2). Subsec. (c). Pub. L. 103–160, § 2802(b), added subsec. (c). § 2917. Development of geothermal energy on military lands (a) DEVELOPMENT AUTHORIZED.—The Secretary of a military department may develop, or au- thorize the development of, any geothermal en- ergy resource within lands under the Secretary’s jurisdiction, including public lands, for the use or benefit of the Department of Defense if that development is in the public interest, as deter- mined by the Secretary concerned, and will not deter commercial development and use of other portions of such resource if offered for leasing. (b) CONSIDERATION OF ENERGY SECURITY.—The development of a geothermal energy project under subsection (a) should include consider- ation of energy security in the design and devel- opment of the project. (Added Pub. L. 97–214, § 6(c)(1), July 12, 1982, 96 Stat. 172, § 2689; renumbered § 2917, Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(1), Oct. 17, 2006, 120 Stat. 2494; amended Pub. L. 112–81, div. B, title XXVIII, § 2822(c), Dec. 31, 2011, 125 Stat. 1692.) Editorial Notes AMENDMENTS 2011—Pub. L. 112–81 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 2006—Pub. L. 109–364 renumbered section 2689 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1982, and applicable to mili- tary construction projects, and to construction and ac- quisition of military family housing authorized before, on, or after such date, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title. § 2918. Fuel sources for heating systems; prohibi- tion on converting certain heating facilities (a)(1) The Secretary of the military depart- ment concerned shall provide that the primary fuel source to be used in any new heating system constructed on lands under the jurisdiction of the military department is the most cost effec- tive fuel for that heating system over the life cycle of the system. (2) The Secretary of Defense shall prescribe regulations for the determination of the life- cycle cost effectiveness of a fuel for the purposes of paragraph (1). (b) The Secretary of a military department may not convert a heating facility at a United States military installation in Europe from a coal-fired facility to an oil-fired facility, or to any other energy source facility, unless the Sec- retary determines that the conversion— (1) is required by the government of the country in which the facility is located; or (2) is cost-effective over the life cycle of the facility. (Added Pub. L. 97–214, § 6(c)(1), July 12, 1982, 96 Stat. 173, § 2690; amended Pub. L. 99–661, div. A, title XII, § 1205(a)(1), Nov. 14, 1986, 100 Stat. 3971; Pub. L. 105–85, div. A, title X, § 1041(a), Nov. 18, 1997, 111 Stat. 1885; renumbered § 2918, Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(1), Oct. 17, 2006, 120 Stat. 2494.) Editorial Notes AMENDMENTS 2006—Pub. L. 109–364 renumbered section 2690 of this title as this section. 1997—Subsec. (b). Pub. L. 105–85 substituted ‘‘unless the Secretary determines that the conversion—’’ for ‘‘unless the Secretary—’’ in introductory provisions, added pars. (1) and (2), and struck out former pars. (1) and (2) which read as follows: ‘‘(1) determines that the conversion (A) is required by the government of the country in which the facility is located, or (B) is cost effective over the life cycle of the facility; and ‘‘(2) submits to Congress notification of the proposed conversion and a period of 30 days has elapsed following the date on which Congress receives the notice.’’ 1986—Pub. L. 99–661 substituted ‘‘Fuel sources for heating systems; prohibition on converting certain heating facilities’’ for ‘‘Restriction on fuel sources for new heating systems’’ in section catchline and amend- ed text generally. Prior to amendment, text read as fol- lows: ‘‘(a) Except as provided in subsection (b), a new heat- ing system that requires a heat input rate of fifty mil- lion British thermal units per hour or more and that uses oil or gas (or a derivative of oil or gas) as fuel may not be constructed on lands under the jurisdiction of a military department. ‘‘(b) The Secretary of the military department con- cerned may waive the provisions of subsection (a) in rare and unusual cases, but such a waiver may not be- come effective until after the Secretary has notified the appropriate committees of Congress in writing of the waiver.