Title 42 › CHAPTER 77 — ENERGY CONSERVATION › SUBCHAPTER III — IMPROVING ENERGY EFFICIENCY › Part C — Industrial Energy Efficiency › § 6343
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
The Public Health and Welfare, Source: USLM XML via OLRC
Legislative History
Reference
Citation
42 U.S.C. § 6343
Title 42, The Public Health and Welfare
Last Updated
Sep 22, 2026
Release point: 119-110