42 USC 13317 - Renewable energy production incentive

U.S Code last checked for updates: Feb 22, 2025

§ 13317.

Renewable energy production incentive

(a)

Incentive payments

(1)

For electric energy generated and sold by a qualified renewable energy facility during the incentive period, the Secretary shall make, subject to the availability of appropriations, incentive payments to the owner or operator of such facility.

(2)

The amount of such payment made to any such owner or operator shall be as determined under subsection (e).

(3)

Payments under this section may only be made upon receipt by the Secretary of an incentive payment application which establishes that the applicant is eligible to receive such payment.

(4)

(A)

Subject to subparagraph (B), if there are insufficient appropriations to make full payments for electric production from all qualified renewable energy facilities for a fiscal year, the Secretary shall assign—

(i)

60 percent of appropriated funds for the fiscal year to facilities that use solar, wind, marine energy (as defined in section 17211 of this title), geothermal, or closed-loop (dedicated energy crops) biomass technologies to generate electricity; and

(ii)

40 percent of appropriated funds for the fiscal year to other projects.

(B)

After submitting to Congress an explanation of the reasons for the alteration, the Secretary may alter the percentage requirements of subparagraph (A).

(b)

Qualified renewable energy facility

For purposes of this section, a qualified renewable energy facility is a facility which is owned by a not-for-profit electric cooperative, a public utility described in

(1)

the burning of municipal solid waste shall not be treated as using biomass energy; and

(2)

geothermal energy shall not include energy produced from a dry steam geothermal reservoir which has—

(A)

no mobile liquid in its natural state;

(B)

steam quality of 95 percent water; and

(C)

an enthalpy for the total produced fluid greater than or equal to 1200 Btu/lb (British thermal units per pound).

(c)

Eligibility window