Page:United States Statutes at Large Volume 94 Part 1.djvu/751

 PUBLIC LAW 96-294—JUNE 30, 1980

94 STAT. 701

(B) if initially placed in service before such date, has an increased capacity by reason of additional construction, and as such is placed in service after such date. (2) The term "existing municipal waste energy project" means any municipal waste energy project which is not a new municipal waste project. (3) The term "placed in sendee" means operated at more than 50 percent of the estimated operationgJ capacity. (4)(A) Except as provided in subparagraphs (B) and (C), the term "standard support price" means the average price (per million Btu's) for No. 6 fuel oil imported into the United States on the date of the enactment of this Act, as determined, by rule, by the Secretary of Energy not later than 90 days after the date of the enactment of this Act. (B) In any case in which the fuel displaced is No. 6 fuel oil or any higher grade of petroleum (as determined by the Secretary of Energy), the term "standard support price" means 125 per centum of the price determined by rule under subparagraph (A). (C) In any case in which biomass energy produced and sold by a project is steam or electricity, the term standard support price" means the price determined by rule under subparagraph (A), subject to such adjustments as the Secretary of Energy may authorize by rule. (5) The term "cost of the fuel displaced" means the cost of the fuel (per million Btu's) which the purchaser of biomass energy would have purchased if the biomass energy had not been available for sale to that purchaser. (6) Any biomeiss energy produced by a municipal waste energy project which may be retained for use by the owner or operator of such project shall be considered to be sold at such price as the Secretary of Energy determines. (7) Not later than 90 days after the date of the enactment of this Act, the Secretary of Energy shall prescribe, by rule, the manner of determining the fuel displaced by the sale of any biomass energy, and the price of the fuel displaced. GENERAL REQUIREMENTS REGARDING FINANCIAL ASSISTANCE

SEC. 235. (a)(1) Priority for financial assistance under the provisions of sections 232, 233, and 234, and the most favorable financial terms available, shall be provided for any municipal waste energy project that will— (A) produce a liquid fuel from municipal waste; or (B) will displace petroleum or natural gas as a fuel. (2)(A) With respect to projects producing biomass energy other than biomass fuel, financial assistance under the provisions of sections 232, 233, and 234 shall be available only if the Secretary of Energy finds that the project does not use petroleum or natural gas except for flame stabilization or start-up. (B) With respect to projects producing biomass fuel, financial assistance under such provisions shall be available to such project only if the Secretary of Energy finds that the Btu content of the biomass fuel produced substantially exceeds the Btu content of any petroleum or natural gas used in the project to produce the biomass fuel. (3) Financial assistance may not be provided under section 232,233, or 234 unless the Secretary of Energy finds that necessary municipal

42 USC 8835.

Biomass energy projects.

Btu content.

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