Page:United States Statutes at Large Volume 119.djvu/776

 119 STAT. 758

PUBLIC LAW 109–58—AUG. 8, 2005

Clean Air Act and State implementation efforts pursuant to such Act. ‘‘(b) FINANCIAL CRITERIA.—As determined by the Secretary for a particular project, financial assistance under this title shall be in the form of— ‘‘(1) cost-sharing of an appropriate percentage of the total project cost, not to exceed 50 percent as calculated under section 988 of the Energy Policy Act of 2005; or ‘‘(2) financial assistance, including grants, cooperative agreements, or loans as authorized under this Act or other statutory authority of the Secretary. 42 USC 13573.

‘‘SEC. 3103. GENERATION PROJECTS.

‘‘(a) ELIGIBLE PROJECTS.—Projects supported under section 3102(a)(1) may include— ‘‘(1) equipment or processes previously supported by a Department of Energy program; ‘‘(2) advanced combustion equipment and processes that the Secretary determines will be cost-effective and could substantially contribute to meeting environmental or energy needs, including gasification, gasification fuel cells, gasification coproduction, oxidation combustion techniques, ultra-supercritical boilers, and chemical looping; and ‘‘(3) hybrid gasification/combustion systems, including systems integrating fuel cells with gasification or combustion units. ‘‘(b) CRITERIA.—The Secretary shall establish criteria for the selection of generation projects under section 3102(a)(1). The Secretary may modify the criteria as appropriate to reflect improvements in equipment, except that the criteria shall not be modified to be less stringent. The selection criteria shall include— ‘‘(1) prioritization of projects whose installation is likely to result in significant air quality improvements in nonattainment air quality areas; ‘‘(2) prioritization of projects whose installation is likely to result in lower emission rates of pollution; ‘‘(3) prioritization of projects that result in the repowering or replacement of older, less efficient units; ‘‘(4) documented broad interest in the procurement of the equipment and utilization of the processes used in the projects by owners or operators of facilities for electricity generation; ‘‘(5) equipment and processes beginning in 2006 through 2011 that are projected to achieve a thermal efficiency of— ‘‘(A) 40 percent for coal of more than 9,000 Btu per pound based on higher heating values; ‘‘(B) 38 percent for coal of 7,000 to 9,000 Btu per pound passed on higher heating values; and ‘‘(C) 36 percent for coal of less than 7,000 Btu per pound based on higher heating values; except that energy used for coproduction or cogeneration shall not be counted in calculating the thermal efficiency under this paragraph; and ‘‘(6) equipment and processes beginning in 2012 and 2013 that are projected to achieve a thermal efficiency of— ‘‘(A) 45 percent for coal of more than 9,000 Btu per pound based on higher heating values; ‘‘(B) 44 percent for coal of 7,000 to 9,000 Btu per pound passed on higher heating values; and

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