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LegalText 42 U.S.C. § 16423 Advanced Power System Technology Incentive Program us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 149 NATIONAL ENERGY POLICY AND PROGRAMS 16423 42 U.S.C. § 16423 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s16423 data/legal/raw/us/code/title-42/usc42.xml 633c41e44dd59753b590d2f51ff2232fbb40b5d4204f4d39ce4bf35f0b721fe5 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e f33c47862d71f858120b1b2a2e19f631953526ff6030ad71cfada44bf74a1bfd 2026-07-04 official
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42 U.S.C. § 16423 - Advanced Power System Technology Incentive Program

Text

(a) Program 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) Incentives 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) Eligibility For purposes of this section:

(1) Qualifying advanced power system technology facility 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) Qualifying security and assured power facility 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) Authorization 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.

(Pub. L. 10958, title XII, § 1224, Aug. 8, 2005, 119 Stat. 954.)