Title 42The Public Health and WelfareRelease 119-73

§16423 Advanced Power System Technology Incentive Program

Title 42 › Chapter CHAPTER 149— - NATIONAL ENERGY POLICY AND PROGRAMS › Subchapter SUBCHAPTER XII— - ELECTRICITY › Part Part A— - Transmission Infrastructure Modernization › § 16423

Last updated Apr 6, 2026|Official source

Summary

The Secretary can create a program to pay owners or operators of certain advanced power system facilities. The payments are meant to boost electricity production and help protect important government, industrial, and commercial processes. Payments are made only after an applicant files and shows they qualify as one of two kinds of facilities. If funds are available, payments are 1.8 cents per kilowatt-hour for qualifying advanced facilities, plus 0.7 cents per kilowatt-hour extra for qualifying security and assured power facilities. Payments cover up to the first 10,000,000 kilowatt-hours per facility each fiscal year. A qualifying advanced facility uses advanced fuel cells, turbines, hybrid systems, or power storage to make or store electricity. A qualifying security and assured power facility is one the Secretary, with the Secretary of Homeland Security, finds needs secure, reliable, rapidly available, high-quality power. Up to $10,000,000 is authorized for each fiscal year 2006 through 2012 for the program.

Full Legal Text

Title 42, §16423

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Secretary is authorized to establish an Advanced Power System Technology Incentive Program to support the deployment of certain advanced power system technologies and to improve and protect certain critical governmental, industrial, and commercial processes. Funds provided under this section shall be used by the Secretary to make incentive payments to eligible owners or operators of advanced power system technologies to increase power generation through enhanced operational, economic, and environmental performance. Payments under this section may only be made upon receipt by the Secretary of an incentive payment application establishing an applicant as either—
(1)a qualifying advanced power system technology facility; or
(2)a qualifying security and assured power facility.
(b)Subject to availability of funds, a payment of 1.8 cents per kilowatt-hour shall be paid to the owner or operator of a qualifying advanced power system technology facility under this section for electricity generated at such facility. An additional 0.7 cents per kilowatt-hour shall be paid to the owner or operator of a qualifying security and assured power facility for electricity generated at such facility. Any facility qualifying under this section shall be eligible for an incentive payment for up to, but not more than, the first 10,000,000 kilowatt-hours produced in any fiscal year.
(c)For purposes of this section:
(1)The term “qualifying advanced power system technology facility” means a facility using an advanced fuel cell, turbine, or hybrid power system or power storage system to generate or store electric energy.
(2)The term “qualifying security and assured power facility” means a qualifying advanced power system technology facility determined by the Secretary, in consultation with the Secretary of Homeland Security, to be in critical need of secure, reliable, rapidly available, high-quality power for critical governmental, industrial, or commercial applications.
(d)There are authorized to be appropriated to the Secretary for the purposes of this section, $10,000,000 for each of the fiscal years 2006 through 2012.

Reference

Citations & Metadata

Citation

42 U.S.C. § 16423

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73