42 U.S.C. § 18761 — Clean energy demonstration program on current and former mine land
submitted 5 years ago by Pub. L. 117-58 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 713 words · no verdicts yet
The Department of Energy must run a program testing clean energy projects -- like solar, storage, or advanced nuclear -- on current and former coal mine land. It picks up to five projects nationwide, at least two solar, favoring ones that create jobs and cut emissions in struggling coal communities. Congress may spend $500 million on the program from 2022 through 2026.
(a) Definitions
A "clean energy project*" demonstrates one or more of: solar power, micro-grids, geothermal, direct air capture, fossil-fueled electricity with carbon capture and storage, energy storage (including pumped hydro and compressed air), or advanced nuclear technology. "Economically distressed area" has the meaning given in section 3161(a) of this title. "Mine land" means land covered by the Surface Mining Control and Reclamation Act of 1977, and land claimed or patented under the Mining Law of 1872. "Program" means the demonstration program created under subsection (b).
(b) Establishment
The Secretary* must create a program to test whether clean energy projects work technically and economically on current and former mine land.
(c) Selection of demonstration projects
The Secretary must pick no more than 5 clean energy projects, spread across different regions, with at least 2 being solar projects. To qualify, a project must show its technology works at a mine-land site and has a reasonable chance of commercial success. In choosing projects, the Secretary must favor ones that: create the most jobs where they're built; cut the most greenhouse gas emissions; create the most direct and indirect U.S. jobs while being built; create the most jobs and economic growth nearby, especially in economically distressed areas and among workers displaced from manufacturing, coal plants, or coal mining; have the most potential for new technology and commercial rollout; have the lowest cost per unit of energy generated or stored; produce the least greenhouse gas per unit of electricity; and can move from permitting to completion the fastest. The Secretary must solicit proposals and pick finalists together with the Secretary of the Interior, the EPA Administrator*, and the Secretary of Labor. Before picking a project, the Secretary must also check with mining claimholders, operators, or the relevant Abandoned Mine Land program office that the project fits with existing mining, exploration, or reclamation work, and respects any existing valid mining rights.
(d) Consultation
The Secretary must consult with the Director* of the Office of Surface Mining Reclamation and Enforcement and the EPA's Office of Brownfields and Land Revitalization to decide whether new regulations or guidance are needed to prioritize and speed up siting clean energy projects on mine land.
(e) Technical assistance
The Secretary must give technical help to entities chosen for the program, to assess what's needed to connect their project's generation or storage to the electric grid -- including transmission, permitting, and siting.
(f) Authorization of appropriations
Congress may give the Secretary $500,000,000 for this program for fiscal years 2022 through 2026.
In this section:
The term “clean energy project” means a project that demonstrates 1 or more of the following technologies:
Solar.
Micro-grids.
Geothermal.
Direct air capture.
Fossil-fueled electricity generation with carbon capture, utilization, and sequestration.
Energy storage, including pumped storage hydropower and compressed air storage.
Advanced nuclear technologies.
The term “economically distressed area” means an area described in section 3161(a) of this title.
The term “mine land” means—
land subject to titles IV and V of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.; 30 U.S.C. 1251 et seq.); and
land that has been claimed or patented subject to sections 2319 through 2344 of the Revised Statutes (commonly known as the “Mining Law of 1872”) (30 U.S.C. 22 et seq.).
The term “program” means the demonstration program established under subsection (b).
The Secretary* shall establish a program to demonstrate the technical and economic viability of carrying out clean energy projects on current and former mine land.
In carrying out the program, the Secretary shall select not more than 5 clean energy projects, to be carried out in geographically diverse regions, at least 2 of which shall be solar projects.
To be eligible to be selected for participation in the program under paragraph (1), a clean energy project shall demonstrate, as determined by the Secretary, a technology on a current or former mine land site with a reasonable expectation of commercial viability.
In selecting clean energy projects for participation in the program under paragraph (1), the Secretary shall prioritize clean energy projects that will—
be carried out in a location where the greatest number of jobs can be created from the successful demonstration of the clean energy project;
provide the greatest net impact in avoiding or reducing greenhouse gas emissions;
provide the greatest domestic job creation (both directly and indirectly) during the implementation of the clean energy project;
provide the greatest job creation and economic development in the vicinity of the clean energy project, particularly—
in economically distressed areas; and
with respect to dislocated workers who were previously employed in manufacturing, coal power plants, or coal mining;
have the greatest potential for technological innovation and commercial deployment;
have the lowest levelized cost of generated or stored energy;
have the lowest rate of greenhouse gas emissions per unit of electricity generated or stored; and
have the shortest project time from permitting to completion.
The Secretary shall solicit proposals for clean energy projects and select clean energy project finalists in consultation with the Secretary of the Interior, the Administrator* of the Environmental Protection Agency, and the Secretary of Labor.
Prior to selecting a clean energy project for participation in the program under paragraph (1), the Secretary shall consult with, as applicable, mining claimholders or operators or the relevant Office of Surface Mining Reclamation and Enforcement Abandoned Mine Land program office to confirm—
that the proposed project is compatible with any current mining, exploration, or reclamation activities; and
the valid existing rights of any mining claimholders or operators.
The Secretary shall consult with the Director* of the Office of Surface Mining Reclamation and Enforcement and the Administrator of the Environmental Protection Agency, acting through the Office of Brownfields and Land Revitalization, to determine whether it is necessary to promulgate regulations or issue guidance in order to prioritize and expedite the siting of clean energy projects on current and former mine land sites.
The Secretary shall provide technical assistance to project applicants selected for participation in the program under subsection (c) to assess the needed interconnection, transmission, and other grid components and permitting and siting necessary to interconnect, on current and former mine land where the project will be sited, any generation or storage with the electric grid.
There is authorized to be appropriated to the Secretary to carry out this section $500,000,000 for the period of fiscal years 2022 through 2026.
Source credit: (Pub. L. 117–58, div. D, title III, § 40342, Nov. 15, 2021, 135 Stat. 1031.)
- 2021Enacted · Pub. L. 117-58 · 135 Stat. 1031
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-58 on 2021-11-15.
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