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42 U.S.C. § 16517Energy infrastructure reinvestment financing

submitted 4 years ago by Pub. L. 109-58 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 313 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary may guarantee loans to retool or repower shut-down energy infrastructure, expand output from existing infrastructure, or support reliable electricity supply. Electric-utility applicants must promise to pass any financial benefit on to their customers, and these loans must be repaid within 30 years. Congress provided $1 billion for fiscal year 2025, capping administrative spending at 3 percent.

(a) In general: Despite section 16513 of this title, the Secretary may make guarantees, including refinancing, under this section only for projects that: (1) retool, repower, repurpose, or replace energy infrastructure that has stopped operating; (2) enable operating energy infrastructure to increase capacity or output; or (3) support or enable known or forecastable electric supply at times needed to maintain or enhance grid reliability or other system adequacy. (b) Inclusion: A project under (a) may include remediating environmental damage tied to that energy infrastructure. (c) Application: To apply, an applicant must submit to the Secretary an application, in the time, manner, and with the information the Secretary requires, including: (1) a detailed plan describing the proposed project; and (2) if the applicant is an electric utility, an assurance that it will pass on any financial benefit from the guarantee to its customers or the communities it serves. (d) Term: Despite section 16512(f) of this title, the loan must be fully repaid within 30 years. (e) Definition of energy infrastructure: In this section, "energy infrastructure" means a facility and its associated equipment used to identify, lease, develop, produce, process, transport, transmit, refine, and generate energy and critical minerals. (f) Funding: (1) In general: Beyond amounts otherwise available, Congress appropriated $1,000,000,000 to the Secretary for fiscal year 2025, from the Treasury, available through September 30, 2028, to carry out this section. (2) Administrative costs: Of that amount, the Secretary may use no more than 3 percent for administrative expenses.
the actual law source: uscode.house.gov ↗public domain
(a) In general

Notwithstanding section 16513 of this title, the Secretary may make guarantees, including refinancing, under this section only for projects that—

(1)

retool, repower, repurpose, or replace energy infrastructure that has ceased operations;

(2)

enable operating energy infrastructure to increase capacity or output; or

(3)

support or enable the provision of known or forecastable electric supply at time intervals necessary to maintain or enhance grid reliability or other system adequacy needs.

(b) Inclusion

A project under subsection (a) may include the remediation of environmental damage associated with energy infrastructure.

(c) Application

To apply for a guarantee under this section, an applicant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including—

(1)

a detailed plan describing the proposed project; and

(2)

in the case of an applicant that is an electric utility, an assurance that the electric utility shall pass on any financial benefit from the guarantee made under this section to the customers of, or associated communities served by, the electric utility.

(d) Term

Notwithstanding section 16512(f) of this title, the term of an obligation shall require full repayment over a period not to exceed 30 years.

(e) Definition of energy infrastructure

In this section, the term “energy infrastructure” means a facility, and associated equipment, used for enabling the identification, leasing, development, production, processing, transportation, transmission, refining, and generation needed for energy and critical minerals.

(f) Funding
(1) In general

In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2025, out of any money in the Treasury not otherwise appropriated, $1,000,000,000, to remain available through September 30, 2028, to carry out activities under this section.

(2) Administrative costs

Of the amount made available under paragraph (1), the Secretary shall use not more than 3 percent for administrative expenses.

Source credit: (Pub. L. 109–58, title XVII, § 1706, as added Pub. L. 117–169, title V, § 50144(c), Aug. 16, 2022, 136 Stat. 2045; amended Pub. L. 119–21, title V, § 50403(a), July 4, 2025, 139 Stat. 152.)

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 109-58 · 136 Stat. 2045
  • 2025Amended · Pub. L. 119-21 · 139 Stat. 152

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-58 on 2022-08-16.

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