§2916 — Title 10 Armed Forces | U.S. Code

Summary

A military department secretary may sell, or let a contractor sell, electricity made at alternate energy or cogeneration facilities on land the secretary controls to public or private utility companies. Those sales must follow the secretary’s rules and must match the rules in the Public Utility Regulatory Policies Act of 1978. Money from those sales normally goes into the military department’s current account for buying electricity. If the power comes from geothermal sources, 50 percent goes to that account and 50 percent goes into a special Treasury account the secretary creates and gives to the base commander. That money can pay for military construction projects tied to the department’s energy plan (including small projects to save energy) or for energy or water security projects that help the base, that the commander says are needed, and that are coordinated with local energy or groundwater authorities. Before using sale money for a construction project, the secretary must tell Congress the project, why it’s needed, and the cost, and must wait 14 days after Congress receives the notice.

Title 10, §2916

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of a military department may sell, contract to sell, or authorize the sale by a contractor to a public or private utility company of electrical energy generated from alternate energy or cogeneration type production facilities which are under the jurisdiction (or produced on land which is under the jurisdiction) of the Secretary concerned. The sale of such energy shall be made under such regulations, for such periods, and at such prices as the Secretary concerned prescribes consistent with the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.).

(b)(1)Except as provided in paragraph (3), proceeds from sales under subsection (a) shall be credited to the appropriation account currently available to the military department concerned for the supply of electrical energy.

(2)Subject to the availability of appropriations for this purpose, proceeds credited under paragraph (1) may be used to carry out military construction projects under the energy performance plan developed by the Secretary of Defense under section 2911(c) 11 See References in Text note below. of this title, including minor military construction projects authorized under section 2805 of this title that are designed to increase energy conservation.

(3)In the case of proceeds from a sale of electrical energy generated from any geothermal energy resource—

(A)50 percent shall be credited to the appropriation account described in paragraph (1); and

(B)50 percent shall be deposited in a special account in the Treasury established by the Secretary concerned which shall be provided directly to the commander of the military installation in which the geothermal energy resource is located to be used for—

(i)military construction projects described in paragraph (2) that benefit the military installation where the geothermal energy resource is located; or

(ii)energy or water security projects that—

(I)benefit the military installation where the geothermal energy resource is located;

(II)the commander of the military installation determines are necessary; and

(III)are directly coordinated with local area energy or groundwater governing authorities.

(c)Before carrying out a military construction project described in subsection (b) using proceeds from sales under subsection (a), the Secretary concerned shall notify Congress of the project, the justification for the project, and the estimated cost of the project. The project may be carried out only after the end of the 14-day period beginning on the date the notification is received by Congress in an electronic medium pursuant to section 480 of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Public Utility Regulatory Policies Act of 1978, referred to in subsec. (a), is Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3117, as amended. For complete classification of this Act to the Code, see

Short Title

note set out under section 2601 of Title 16, Conservation, and Tables. section 2911(c) of this title, referred to in subsec. (b)(2), was, prior to amendment by Pub. L. 115–91, a reference to section 2911(b) of this title. Pub. L. 115–91 redesignated subsec. (b) of section 2911, relating to the development of an energy performance master plan, as (d), not (c).

Amendments

2019—Subsec. (b)(3)(B). Pub. L. 116–92 substituted “shall be provided directly to the commander of the military installation in which the geothermal energy resource is located to be used for—” for “shall be available, for military

Construction

projects described in paragraph (2) or for installation energy or water security projects directly coordinated with local area energy or groundwater governing authorities, for the military installation in which the geothermal energy resource is located.” and added cls. (i) and (ii). 2018—Subsec. (b)(1). Pub. L. 115–232, § 313(1), substituted “Except as provided in paragraph (3), proceeds” for “Proceeds”. Subsec. (b)(3). Pub. L. 115–232, § 313(2), added par. (3). 2017—Subsec. (b)(2). Pub. L. 115–91, § 2831(c)(3), substituted “2911(c)” for “2911(b)”. Subsec. (c). Pub. L. 115–91, § 2801(e)(2), struck out “in writing” after “notify Congress” and “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided” after “received by Congress” and substituted “14-day period” for “21-day period”. 2006—Pub. L. 109–364, § 2851(b)(1), renumbered section 2867 of this title as this section. Subsec. (b)(2). Pub. L. 109–364, § 2851(b)(3)(B), substituted “2911(b)” for “2865(a)”. 2003—Subsec. (c). Pub. L. 108–136 inserted before period at end “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title”. 1997—Pub. L. 105–85 renumbered section 2483 of this title as this section. 1993—Subsec. (b). Pub. L. 103–160, § 2802(a), designated existing provisions as par. (1) and added par. (2). Subsec. (c). Pub. L. 103–160, § 2802(b), added subsec. (c).

§2916 Sale of Electricity From Alternate Energy and Cogeneration Production Facilities