Title 42, The Public Health and WelfareRelease 119-110

§6343 Waste Energy Recovery Incentive Grant Program

Title 42 › CHAPTER 77 — ENERGY CONSERVATION › SUBCHAPTER III — IMPROVING ENERGY EFFICIENCY › Part C — Industrial Energy Efficiency › § 6343

Last updated Sep 22, 2026|Official source

Summary

Creates a Department of Energy grant program to pay incentives for capturing waste energy. Grants go to owners or operators of projects that turn waste energy into electricity or extra useful heat, to utilities that buy or move any excess electricity, and to States that have recovered 80% or more of the recoverable waste heat opportunities identified by the Secretary. Grants to projects require proof in a form the Secretary sets. For electricity, the payment is $10 per megawatt-hour for documented electricity from recoverable waste energy (or by preventing waste energy for a new facility) during the first three calendar years of production starting on or after December 19, 2007. If a utility buys or transmits net excess power, 50% of the part of the grant tied to that excess goes to the utility. For useful thermal energy used for a different purpose than the project’s main design, the payment is $10 for each 3,412,000 Btu of excess thermal energy used that way. The Secretary must make rules about who is eligible, publicize the program to owners or operators listed on the Registry, and award grants based on project merit and without unfair bias. Grants cannot be given to projects that already qualify for specific federal tax incentives for combined heat and power or waste heat recovery. Congress authorized $100,000,000 for fiscal year 2008 and $200,000,000 for each fiscal year 2009–2012 for project and utility grants (plus needed administration funds), and $10,000,000 per year for State grants for fiscal years 2008–2012, available until spent. States that meet the 80% threshold may get a one-time grant up to $1,000 per megawatt of recovered waste-heat capacity (or thermal equivalent).

Full Legal Text

Title 42, §6343

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

(a)Establishment
The Secretary shall establish in the Department of Energy a waste energy recovery incentive grant program to provide incentive grants to—
(1)owners and operators of projects that successfully produce electricity or incremental useful thermal energy from waste energy recovery;
(2)utilities purchasing or distributing the electricity; and
(3)States that have achieved 80 percent or more of recoverable waste heat recovery opportunities.
(b)Grants to projects and utilities
(1)In general
The Secretary shall make grants under this section— (A)
(B)in the case of excess power purchased or transmitted by a electric utility, to the utility.
(2)Proof (3) Excess electric energy
Grants may only be made under this section on receipt of proof of waste energy recovery or excess electricity generation, or both, from the project in a form prescribed by the Secretary.
(4)Useful thermal energy
In the case of waste energy recovery that produces useful thermal energy that is used for a purpose different from that for which the project is principally designed, a grant under this section shall be made to the owner or operator of the waste energy recovery project at the rate of $10 for each 3,412,000 Btus of the excess thermal energy used for the different purpose.
(c)Grants to States
In the case of any State that has achieved 80 percent or more of waste heat recovery opportunities identified by the Secretary under this part, the Administrator shall make a 1-time grant to the State in an amount of not more than $1,000 per megawatt of waste-heat capacity recovered (or a thermal equivalent) to support State-level programs to identify and achieve additional energy efficiency.
(d)Eligibility
The Secretary shall—
(1)establish rules and guidelines to establish eligibility for grants under subsection (b);
(2)publicize the availability of the grant program known to owners or operators of recoverable waste energy sources and sites listed on the Registry; and
(3)award grants under the program on the basis of the merits of each project in recovering or preventing waste energy throughout the United States on an impartial, objective, and not unduly discriminatory basis.
(e)Limitation
The Secretary shall not award grants to any person for a combined heat and power project or a waste heat recovery project that qualifies for specific Federal tax incentives for combined heat and power or for waste heat recovery.
(f)Authorization of appropriations
There are authorized to be appropriated to the Secretary—
(1)to make grants to projects and utilities under subsection (b)—
(A)$100,000,000 for fiscal year 2008 and $200,000,000 for each of fiscal years 2009 through 2012; and
(B)such additional amounts for fiscal year 2008 and each fiscal year thereafter as may be necessary for administration of the waste energy recovery incentive grant program; and
(2)to make grants to States under subsection (b), $10,000,000 for each of fiscal years 2008 through 2012, to remain available until expended.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 6343, Pub. L. 94–163, title III, § 373, Dec. 22, 1975, 89 Stat. 936; Pub. L. 95–619, title VI, §§ 601(a), 691(b)(2), Nov. 9, 1978, 92 Stat. 3282, 3288, related to identification of major energy-consuming industries and corporations in the United States, prior to repeal by Pub. L. 99–509, title III, § 3101(b), Oct. 21, 1986, 100 Stat. 1888.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.

Reference

Citations & Metadata

Citation

42 U.S.C. § 6343

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110