Sec. 50403. Energy dominance financing | Law as Amended

§16517. Energy infrastructure reinvestment financing

(a) In general

Notwithstanding section 16513 of this title, the Secretary may make guarantees, including refinancing, under this section only for projects that-

(1) retool, repower, repurpose, or replace energy infrastructure that has ceased operations;

(2) enable operating energy infrastructure to increase capacity or output; or

(3) support or enable the provision of known or forecastable electric supply at time intervals necessary to maintain or enhance grid reliability or other system adequacy needs.

(b) Inclusion

A project under subsection (a) may include the remediation of environmental damage associated with energy infrastructure.

(c) Application

To apply for a guarantee under this section, an applicant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including-

(1) a detailed plan describing the proposed project; and

(2) in the case of an applicant that is an electric utility, an assurance that the electric utility shall pass on any financial benefit from the guarantee made under this section to the customers of, or associated communities served by, the electric utility.

(d) Term

Notwithstanding section 16512(f) of this title, the term of an obligation shall require full repayment over a period not to exceed 30 years.

(e) Definition of energy infrastructure

In this section, the term “energy infrastructure” means a facility, and associated equipment, used for enabling the identification, leasing, development, production, processing, transportation, transmission, refining, and generation needed for energy and critical minerals.

(f) Funding

(1) In general

In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2025, out of any money in the Treasury not otherwise appropriated, $1,000,000,000, to remain available through September 30, 2028, to carry out activities under this section.

(2) Administrative costs

Of the amount made available under paragraph (1), the Secretary shall use not more than 3 percent for administrative expenses.

[1]42 USC 16517: Energy infrastructure reinvestment financing


SEC. 50144. ENERGY INFRASTRUCTURE REINVESTMENT FINANCING.
(a) Appropriation.—In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $5,000,000,000, to remain available through September 30, 2028, to carry out activities under section 1706 of the Energy Policy Act of 2005.
(b) Commitment Authority.—The Secretary may make, through September 30, 2026, commitments to guarantee loans for projects under section 1706 of the Energy Policy Act of 2005 the total principal amount of which is not greater than $250,000,000,000, subject to the limitations that apply to loan guarantees under section 50141(d).
(c) Energy Infrastructure Reinvestment Financing.—Title XVII of the Energy Policy Act of 2005 is amended by inserting after section 1705 (42 U.S.C. 16516) the following:
SEC. 1706. 42 USC 16517. ENERGY INFRASTRUCTURE REINVESTMENT FINANCING.
“(a) In General.—Notwithstanding section 1703, the Secretary may make guarantees, including refinancing, under this section only for projects that—
“(1) retool, repower, repurpose, or replace energy infrastructure that has ceased operations; or
“(2) enable operating energy infrastructure to avoid, reduce, utilize, or sequester air pollutants or anthropogenic emissions of greenhouse gases.
“(b) Inclusion.—A project under subsection (a) may include the remediation of environmental damage associated with energy infrastructure.
“(c) Requirement.—A project under subsection (a)(1) that involves electricity generation through the use of fossil fuels shall be required to have controls or technologies to avoid, reduce, utilize, or sequester air pollutants and anthropogenic emissions of greenhouse gases.
“(d) Application.—To apply for a guarantee under this section, an applicant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including—
“(1) a detailed plan describing the proposed project;
“(2) an analysis of how the proposed project will engage with and affect associated communities; and
“(3) in the case of an applicant that is an electric utility, an assurance that the electric utility shall pass on any financial benefit from the guarantee made under this section to the customers of, or associated communities served by, the electric utility.
“(e) Term.—Notwithstanding section 1702(f), the term of an obligation shall require full repayment over a period not to exceed 30 years.
“(f) Definition of Energy Infrastructure.—In this section, the term ‘energy infrastructure’ means a facility, and associated equipment, used for—
“(1) the generation or transmission of electric energy; or
“(2) the production, processing, and delivery of fossil fuels, fuels derived from petroleum, or petrochemical feedstocks.”.
(d) Conforming Amendment.—Section 1702(o)(3) of the Energy Policy Act of 2005 (42 U.S.C. 16512(o)(3)) is amended by inserting “and projects described in section 1706(a)” before the period at the end.

[2]Need better source https://www.gpo.gov/fdsys/pkg/PLAW-117publ169/pdf/PLAW-117publ169.pdf


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  2. Footnotes ↩︎

Amendments

2025-Subsec. (a)(2). Pub. L. 119–21, §50403(a)(1)(B), substituted “increase capacity or output; or” for “avoid, reduce, utilize, or sequester air pollutants or anthropogenic emissions of greenhouse gases.”

Subsec. (a)(3). Pub. L. 119–21, §50403(a)(1)(A), (C), added par. (3).

Subsec. (c). Pub. L. 119–21, §50403(a)(2), (3), redesignated subsec. (d) as (c) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: “A project under subsection (a)(1) that involves electricity generation through the use of fossil fuels shall be required to have controls or technologies to avoid, reduce, utilize, or sequester air pollutants and anthropogenic emissions of greenhouse gases.”

Subsec. (c)(2), (3). Pub. L. 119–21, §50403(a)(4), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “an analysis of how the proposed project will engage with and affect associated communities; and”.

Subsec. (d). Pub. L. 119–21, §50403(a)(3), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).

Subsec. (e). Pub. L. 119–21, §50403(a)(3), (5), redesignated subsec. (f) as (e) and substituted “for enabling the identification, leasing, development, production, processing, transportation, transmission, refining, and generation needed for energy and critical minerals.” for "for-

"(1) the generation or transmission of electric energy; or

“(2) the production, processing, and delivery of fossil fuels, fuels derived from petroleum, or petrochemical feedstocks.”

Former subsec. (e) redesignated (d).

Subsec. (f). Pub. L. 119–21, §50403(a)(6), added subsec. (f). Former subsec. (f) redesignated (e).


Commitment authority.—Section 50144(b) of Public Law 117–169 (commonly known as the “Inflation Reduction Act of 2022”) (136 Stat. 2045) is amended by striking “2026” and inserting “2028”.

The law prior to the One Big Beautiful Bill Act


§16517. Energy infrastructure reinvestment financing

(a) In general

Notwithstanding section 16513 of this title, the Secretary may make guarantees, including refinancing, under this section only for projects that-

(1) retool, repower, repurpose, or replace energy infrastructure that has ceased operations; or

(2) enable operating energy infrastructure to avoid, reduce, utilize, or sequester air pollutants or anthropogenic emissions of greenhouse gases.

(b) Inclusion

A project under subsection (a) may include the remediation of environmental damage associated with energy infrastructure.

(c) Requirement

A project under subsection (a)(1) that involves electricity generation through the use of fossil fuels shall be required to have controls or technologies to avoid, reduce, utilize, or sequester air pollutants and anthropogenic emissions of greenhouse gases.

(d) Application

To apply for a guarantee under this section, an applicant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including-

(1) a detailed plan describing the proposed project;

(2) an analysis of how the proposed project will engage with and affect associated communities; and

(3) in the case of an applicant that is an electric utility, an assurance that the electric utility shall pass on any financial benefit from the guarantee made under this section to the customers of, or associated communities served by, the electric utility.

(e) Term

Notwithstanding section 16512(f) of this title, the term of an obligation shall require full repayment over a period not to exceed 30 years.

(f) Definition of energy infrastructure

In this section, the term “energy infrastructure” means a facility, and associated equipment, used for-

(1) the generation or transmission of electric energy; or

(2) the production, processing, and delivery of fossil fuels, fuels derived from petroleum, or petrochemical feedstocks.

[1]Prior law: 42 USC 16517: Energy infrastructure reinvestment financing


SEC. 50144. ENERGY INFRASTRUCTURE REINVESTMENT FINANCING.
(a) Appropriation.—In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $5,000,000,000, to remain available through September 30, 2026, to carry out activities under section 1706 of the Energy Policy Act of 2005.
(b) Commitment Authority.—The Secretary may make, through September 30, 2026, commitments to guarantee loans for projects under section 1706 of the Energy Policy Act of 2005 the total principal amount of which is not greater than $250,000,000,000, subject to the limitations that apply to loan guarantees under section 50141(d).
(c) Energy Infrastructure Reinvestment Financing.—Title XVII of the Energy Policy Act of 2005 is amended by inserting after section 1705 (42 U.S.C. 16516) the following:
SEC. 1706. 42 USC 16517. ENERGY INFRASTRUCTURE REINVESTMENT FINANCING.
“(a) In General.—Notwithstanding section 1703, the Secretary may make guarantees, including refinancing, under this section only for projects that—
“(1) retool, repower, repurpose, or replace energy infrastructure that has ceased operations; or
“(2) enable operating energy infrastructure to avoid, reduce, utilize, or sequester air pollutants or anthropogenic emissions of greenhouse gases.
“(b) Inclusion.—A project under subsection (a) may include the remediation of environmental damage associated with energy infrastructure.
“(c) Requirement.—A project under subsection (a)(1) that involves electricity generation through the use of fossil fuels shall be required to have controls or technologies to avoid, reduce, utilize, or sequester air pollutants and anthropogenic emissions of greenhouse gases.
“(d) Application.—To apply for a guarantee under this section, an applicant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including—
“(1) a detailed plan describing the proposed project;
“(2) an analysis of how the proposed project will engage with and affect associated communities; and
“(3) in the case of an applicant that is an electric utility, an assurance that the electric utility shall pass on any financial benefit from the guarantee made under this section to the customers of, or associated communities served by, the electric utility.
“(e) Term.—Notwithstanding section 1702(f), the term of an obligation shall require full repayment over a period not to exceed 30 years.
“(f) Definition of Energy Infrastructure.—In this section, the term ‘energy infrastructure’ means a facility, and associated equipment, used for—
“(1) the generation or transmission of electric energy; or
“(2) the production, processing, and delivery of fossil fuels, fuels derived from petroleum, or petrochemical feedstocks.”.
(d) Conforming Amendment.—Section 1702(o)(3) of the Energy Policy Act of 2005 (42 U.S.C. 16512(o)(3)) is amended by inserting “and projects described in section 1706(a)” before the period at the end.

[2]Prior law: https://www.gpo.gov/fdsys/pkg/PLAW-117publ169/pdf/PLAW-117publ169.pdf


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