Page:United States Statutes at Large Volume 119.djvu/669

 PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 651

(c) AUTHORIZATION OF APPROPRIATIONS.—For the purposes of this section, there are authorized to be appropriated to the Secretary $10,000,000 for each of fiscal years 2006 through 2010.

42 USC 13311 note.

SEC. 202. RENEWABLE ENERGY PRODUCTION INCENTIVE.

(a) INCENTIVE PAYMENTS.—Section 1212(a) of the Energy Policy Act of 1992 (42 U.S.C. 13317(a)) is amended— (1) by striking the last sentence; (2) by designating the first, second, and third sentences as paragraphs (1), (2), and (3), respectively; (3) in paragraph (3) (as so designated), by striking ‘‘and which satisfies’’ and all that follows through ‘‘deems necessary’’; and (4) by adding at the end the following: ‘‘(4)(A) Subject to subparagraph (B), if there are insufficient appropriations to make full payments for electric production from all qualified renewable energy facilities for a fiscal year, the Secretary shall assign— ‘‘(i) 60 percent of appropriated funds for the fiscal year to facilities that use solar, wind, ocean (including tidal, wave, current, and thermal), geothermal, or closed-loop (dedicated energy crops) biomass technologies to generate electricity; and ‘‘(ii) 40 percent of appropriated funds for the fiscal year to other projects. ‘‘(B) After submitting to Congress an explanation of the reasons for the alteration, the Secretary may alter the percentage requirements of subparagraph (A).’’. (b) QUALIFIED RENEWABLE ENERGY FACILITY.—Section 1212(b) of the Energy Policy Act of 1992 (42 U.S.C. 13317(b)) is amended— (1) by striking ‘‘a State or any political’’ and all that follows through ‘‘nonprofit electrical cooperative’’ and inserting ‘‘a notfor-profit electric cooperative, a public utility described in section 115 of the Internal Revenue Code of 1986, a State, Commonwealth, territory, or possession of the United States, or the District of Columbia, or a political subdivision thereof, an Indian tribal government or subdivision thereof, or a Native Corporation (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)),’’; and (2) by inserting ‘‘landfill gas, livestock methane, ocean (including tidal, wave, current, and thermal),’’ after ‘‘wind, biomass,’’. (c) ELIGIBILITY WINDOW.—Section 1212(c) of the Energy Policy Act of 1992 (42 U.S.C. 13317(c)) is amended by striking ‘‘during the 10-fiscal year period beginning with the first full fiscal year occurring after the enactment of this section’’ and inserting ‘‘before October 1, 2016’’. (d) PAYMENT PERIOD.—Section 1212(d) of the Energy Policy Act of 1992 (42 U.S.C. 13317(d)) is amended in the second sentence by inserting ‘‘, or in which the Secretary determines that all necessary Federal and State authorizations have been obtained to begin construction of the facility’’ after ‘‘eligible for such payments’’. (e) AMOUNT OF PAYMENT.—Section 1212(e)(1) of the Energy Policy Act of 1992 (42 U.S.C. 13317(e)(1)) is amended in the first sentence by inserting ‘‘landfill gas, livestock methane, ocean (including tidal, wave, current, and thermal),’’ after ‘‘wind, biomass,’’.

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