Page:United States Statutes at Large Volume 106 Part 4.djvu/233

 PUBLIC LAW 102-486—OCT. 24, 1992 106 STAT. 2969 (ii) a developing country. (2) the term "developing country" includes, but is not limited to, countries in Central and Eastern Europe or in the independent states of the former Soviet Union, (m) AuTHorazATiON FOR PROGRAM.— T here are authorized to be appropriated to the Secretary to carry out the program required by this section, $100,000,000 for each of the fiscal years 1993, 1994, 1995, 1996, 1997, and 1998. SEC. 1212. RENEWABLE ENERGY PRODUCTION INCENTIVE. 42 USC 13317. (a) INCENTIVE PAYMENTS.—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. The amount of such payment made to any such owner or operator shall be as determined under subsection (e). 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 and which satisfies such other requirements as the Secretary deems necessary. Such application shall be in such form, and shall be submitted at such time, as the Secretary shall establish. (b) QUALIFIED RENEWABLE ENERGY FACILITY.— For purposes of this section, a qualified renewable energy facility is a facility which is owned by a State or any political subdivision of a State (or an agency, authority, or instrumentality of a State or a political subdivision), by any corporation or association which is wholly owned, directly or indirectly, by one or more of the foregoing, or by a nonprofit electrical cooperative and which generates electric energy for sale in, or affecting, interstate commerce using solar, wind, biomass, or geothermal energy, except that— (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.— Payments may be made under this section only for electricity generated from a qualified renewable energy facility first used during the 10-fiscal year period beginning with the first full fiscal year occurring after the enactment of this section. (d) PAYMENT PERIOD. —^A qualified renewable energy facility may receive payments under this section for a 10-fiscal year period. Such period shall begin with the fiscal year in which electricity generated from the facility is first eligible for such payments. (e) AMOUNT OF PAYMENT.— (1) IN GENERAL. —Incentive pa3niients made by the Secretary under this section to the owner or operator of any qualified renewable energy facility shall be based on the number of kilowatt hours of electricity generated by the facility through the use of solar, wind, biomass, or geothermal energy during the payment period referred to in subsection (d). For

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