Collapse to view only § 16491. Energy production incentives
- § 16491. Energy production incentives
- § 16492. Regulation of certain oil used in transformers
- § 16493. National Priority Project Designation
- § 16494. Oxygen-fuel
§ 16491. Energy production incentives
(a) In general
A State may provide to any entity—
(1) a credit against any tax or fee owed to the State under a State law, or
(2) any other tax incentive,
determined by the State to be appropriate, in the amount calculated under and in accordance with a formula determined by the State, for production described in subsection (b) in the State by the entity that receives such credit or such incentive.
(b) Eligible entities
(c) Effect on interstate commerce
Any action taken by a State in accordance with this section with respect to a tax or fee payable, or incentive applicable, for any period beginning after August 8, 2005, shall—
(1) be considered to be a reasonable regulation of commerce; and
(2) not be considered to impose an undue burden on interstate commerce or to otherwise impair, restrain, or discriminate, against interstate commerce.
(Pub. L. 109–58, title XIV, § 1402, Aug. 8, 2005, 119 Stat. 1061.)
§ 16492. Regulation of certain oil used in transformers
Notwithstanding any other provision of law, or rule promulgated by the Environmental Protection Agency, vegetable oil made from soybeans and used in electric transformers as thermal insulation shall not be regulated as an oil identified under section 2720(a)(1)(B) of title 33.
(Pub. L. 109–58, title XIV, § 1403, Aug. 8, 2005, 119 Stat. 1061.)
§ 16493. National Priority Project Designation
(a) Designation of National Priority Projects
(1) In general
(2) Design and materials
(b) Making and presentation of Designation
(1) In general
The President, on the basis of recommendations made by the Secretary, shall annually designate organizations that have—
(A) advanced the field of renewable energy technology and contributed to North American energy independence; and
(B) been certified by the Secretary under subsection (e).
(2) Presentation
(3) Use of Designation
(4) Categories in which the Designation may be given
Separate Designations shall be made to qualifying projects in each of the following categories:
(A) Wind and biomass energy generation projects.
(B) Photovoltaic and fuel cell energy generation projects.
(C) Energy efficient building and renewable energy projects.
(D) First-in-Class projects.
(c) Selection criteria
(1) In general
(2) Wind, biomass, and building projects
(3) Solar photovoltaic and fuel cell projects
(4) Energy efficient building and renewable energy projects
In the case of an energy efficient building or renewable energy project, in addition to meeting the criteria established under paragraph (2), each building project shall demonstrate that the project will—
(A) comply with third-party certification standards for high-performance, sustainable buildings;
(B) use whole-building integration of energy efficiency and environmental performance design and technology, including advanced building controls;
(C) use renewable energy for at least 50 percent of the energy consumption of the project;
(D) comply with applicable Energy Star standards; and
(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 renewable energy; or
(B) otherwise establishes a new paradigm of building integrated renewable energy use or energy efficiency.
(d) Application
(1) Initial applications
(2) Contents
(e) Certification
(1) In general
(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 Technology 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 applicable resources of the Federal Government (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 developed through those resources.
(f) Authorization of appropriations
(Pub. L. 109–58, title XIV, § 1405, Aug. 8, 2005, 119 Stat. 1062.)
§ 16494. Oxygen-fuel
(a) Program
(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.)