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42 U.S.C. § 15972Loan to place Alaska clean coal technology facility in service

submitted 21 years ago by Pub. L. 109-58 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 369 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Energy Secretary may lend up to $80 million to the owner of the Healy, Alaska clean coal plant to get it running reliably. Before lending, the Secretary must confirm the plan is likely to work, the money is enough, and the loan is likely to be repaid.

(a) Definitions: (1) "Borrower" means the owner of the clean coal technology plant. (2) "Clean coal technology plant" means the plant near Healy, Alaska, built under Department cooperative agreement number DE–FC–22–91PC90544. (3) "Cost of a direct loan" has the meaning given in section 661a(5)(B) of title 2. (b) Authorization: Subject to subsection (c), the Secretary must use money made available under subsection (e) to cover the cost of a direct loan to the borrower, to get the Healy plant reliably generating electricity. (c) Requirements: (1) The direct loan cannot exceed $80,000,000. (2) Before giving the loan, the Secretary must determine that (A) the borrower's plan to get the plant running reliably has a reasonable chance of success; (B) the loan, combined with the borrower's other money, will be enough to finish the project; and (C) there is a reasonable chance the borrower will repay the loan's principal and interest. (3) The Secretary sets the loan's interest rate and term, after consulting the Secretary of the Treasury, based on the borrower's needs and ability to pay and the going rate for similar loans. (4) The Secretary may add any other terms and conditions found appropriate. (d) Use of payments: The Secretary must keep any principal and interest paid back on this loan to support energy research and development, and that money stays available until spent, subject to any conditions in an applicable appropriations law. (e) Authorization of appropriations: Congress may appropriate whatever money is needed to cover the cost of this direct loan.
the actual law source: uscode.house.gov ↗public domain
(a) Definitions

In this section:

(1) Borrower

The term “borrower” means the owner of the clean coal technology plant.

(2) Clean coal technology plant

The term “clean coal technology plant” means the plant located near Healy, Alaska, constructed under Department cooperative agreement number DE–FC–22–91PC90544.

(3) Cost of a direct loan

The term “cost of a direct loan” has the meaning given the term in section 661a(5)(B) of title 2.

(b) Authorization

Subject to subsection (c), the Secretary shall use amounts made available under subsection (e) to provide the cost of a direct loan to the borrower for purposes of placing the clean coal technology plant into reliable operation for the generation of electricity.

(c) Requirements
(1) Maximum loan amount

The amount of the direct loan provided under subsection (b) shall not exceed $80,000,000.

(2) Determinations by Secretary

Before providing the direct loan to the borrower under subsection (b), the Secretary shall determine that—

(A)

the plan of the borrower for placing the clean coal technology plant in reliable operation has a reasonable prospect of success;

(B)

the amount of the loan (when combined with amounts available to the borrower from other sources) will be sufficient to carry out the project; and

(C)

there is a reasonable prospect that the borrower will repay the principal and interest on the loan.

(3) Interest; term

The direct loan provided under subsection (b) shall bear interest at a rate and for a term that the Secretary determines appropriate, after consultation with the Secretary of the Treasury, taking into account the needs and capacities of the borrower and the prevailing rate of interest for similar loans made by public and private lenders.

(4) Additional terms and conditions

The Secretary may require any other terms and conditions that the Secretary determines to be appropriate.

(d) Use of payments

The Secretary shall retain any payments of principal and interest on the direct loan provided under subsection (b) to support energy research and development activities, to remain available until expended, subject to any other conditions in an applicable appropriations Act.

(e) Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to provide the cost of a direct loan under subsection (b).

Source credit: (Pub. L. 109–58, title IV, § 412, Aug. 8, 2005, 119 Stat. 754.)

history & why it existsrecord from the source credit
  • 2005Enacted · Pub. L. 109-58 · 119 Stat. 754

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-58 on 2005-08-08.

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