Title 42The Public Health and WelfareRelease 119-73

§8837 Commercialization demonstration program pursuant to Federal nonnuclear energy research and development

Title 42 › Chapter CHAPTER 96— - BIOMASS ENERGY AND ALCOHOL FUELS › Subchapter SUBCHAPTER II— - MUNICIPAL WASTE BIOMASS ENERGY › § 8837

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Energy must set up and run a fast research, development, and demonstration program under the Federal Nonnuclear Energy Research and Development Act of 1974 to help make methods of getting energy from municipal waste commercially viable. Subsections (d), (m), and (x)(2) of section 19 of that Act do not apply to this program. After talking with the EPA Administrator and the Commerce Secretary, the Secretary must research and test new and existing waste‑to‑energy technologies, improve their costs and performance, gather engineering data for future projects, and study markets for recovered energy and materials. The Secretary may provide price supports, loans, and loan guarantees to plan, design, build, run, and modify demonstration facilities for converting municipal waste to energy or recovering materials. Projects that make liquid fuels or biomass that can replace petroleum or natural gas get funding priority. No funds for loans or guarantees under this chapter may be used until the plan in section 8831(a) is sent to Congress. Money repaid or received from these activities must go into the U.S. Treasury general fund as miscellaneous receipts.

Full Legal Text

Title 42, §8837

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

(a)(1)The Secretary of Energy shall establish and conduct, pursuant to the authorities contained in the Federal Nonnuclear Energy Research and Development Act of 1974 [42 U.S.C. 5901 et seq.], an accelerated research, development, and demonstration program for promoting the commercial viability of processes for the recovery of energy from municipal wastes.
(2)The provisions of subsections (d), (m), and (x)(2) of section 19 of such Act 11 See References in Text note below. shall not apply with respect to the program established under this section.
(3)As part of the program established under this section, the Secretary, after consulting with the Administrator of the Environmental Protection Agency and the Secretary of Commerce, shall undertake—
(A)the research, development, and demonstration of technologies to recover energy from municipal wastes;
(B)the development and application of new municipal waste-to-energy recovery technologies;
(C)the assessment, evaluation, demonstration, and improvement of the performance of existing municipal waste-to-energy recovery technologies with respect to capital costs, operating and maintenance costs, total project financing, recovery efficiency, and the quality of recovered energy and energy intensive materials;
(D)the evaluation of municipal waste energy projects for the purpose of developing a base of engineering data that can be used in the design of future municipal waste energy projects to recover energy from municipal wastes; and
(E)research studies on the size and other significant characteristics of potential markets for municipal waste-to-energy recovery technologies, and recovered energy, and energy intensive materials.
(b)Under such program, the Secretary of Energy may provide financial assistance consisting of price supports, loans, and loan guarantees, for the cost of planning, designing, constructing, operating, and maintaining demonstration facilities, and, in the case of existing facilities, modifications of such facilities solely for demonstration purposes, for the conversion of municipal wastes into energy or the recovery of materials.
(c)Priority for funding of activities under subsection (a) and financial assistance under subsection (b) shall be provided for any activity or project for the demonstration of technologies for the production of liquid fuels or biomass energy which substitute for petroleum or natural gas.
(d)The Secretary of Energy may not obligate or expend any funds authorized under this chapter in carrying out subsection (b) of this section until the plan required under section 8831(a) of this title has been prepared and submitted to the Congress.
(e)All amounts received by the Secretary of Energy as fees, interest, repayment of principal, and any other moneys received by the Secretary from operations under this section shall be deposited in the general fund of the Treasury of the United States as miscellaneous receipts.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Nonnuclear Energy Research and Development Act of 1974, referred to in subsec. (a)(1), is Pub. L. 93–577, Dec. 31, 1974, 88 Stat. 1878, which is classified generally to chapter 74 (§ 5901 et seq.) of this title. section 19 of the Act was classified to section 5919 of this title prior to repeal by Pub. L. 109–58, title X, § 1009(b)(12), Aug. 8, 2005, 119 Stat. 936. For complete classification of this Act to the Code, see

Short Title

note set out under section 5901 of this title and Tables. This chapter, referred to in subsec. (d), was in the original “this title”, meaning title II of Pub. L. 96–294, June 30, 1980, 94 Stat. 683, known as the Biomass Energy and Alcohol Fuels Act of 1980, which is classified principally to this chapter. For complete classification of title II to the Code, see

Short Title

note set out under section 8801 of this title and Tables.

Reference

Citations & Metadata

Citation

42 U.S.C. § 8837

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73