PUBLIC LAW 109–58—AUG. 8, 2005
119 STAT. 655
year after the filing of the request, together with any information required to be filed with such request under subparagraph (A)(ii). ‘‘(C) Each month the Secretary shall publish a report of any request under subparagraph (A)(ii) which has been denied during the preceding month and the reasons for the denial. ‘‘(D) The Secretary shall not specify any form of renewable energy under paragraph (6)(A)(i)(I) unless the Secretary determines that— ‘‘(i) there will be a reduction in oil or natural gas consumption as a result of such specification; ‘‘(ii) such specification will not result in an increased use of any item which is known to be, or reasonably suspected to be, environmentally hazardous or a threat to public health or safety; and ‘‘(iii) available Federal subsidies do not make such specification unnecessary or inappropriate (in the light of the most advantageous allocation of economic resources). ‘‘(6) In this subsection— ‘‘(A) the term ‘renewable energy system’ means a system which— ‘‘(i) when installed in connection with a dwelling, transmits or uses— ‘‘(I) solar energy, energy derived from the geothermal deposits, energy derived from biomass, or any other form of renewable energy which the Secretary specifies by regulations, for the purpose of heating or cooling such dwelling or providing hot water or electricity for use within such dwelling; or ‘‘(II) wind energy for nonbusiness residential purposes; ‘‘(ii) meets the performance and quality standards (if any) which have been prescribed by the Secretary by regulations; ‘‘(iii) in the case of a combustion rated system, has a thermal efficiency rating of at least 75 percent; and ‘‘(iv) in the case of a solar system, has a thermal efficiency rating of at least 15 percent; and ‘‘(B) the term ‘biomass’ means any organic matter that is available on a renewable or recurring basis, including agricultural crops and trees, wood and wood wastes and residues, plants (including aquatic plants), grasses, residues, fibers, and animal wastes, municipal wastes, and other waste materials.’’. (b) DISTRICT HEATING AND COOLING PROGRAMS.—Section 172 of the Energy Policy Act of 1992 (42 U.S.C. 13451 note) is amended— (1) in subsection (a)— (A) by striking ‘‘and’’ at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting ‘‘; and’’; and (C) by adding at the end the following new paragraph: ‘‘(5) evaluate the use of renewable energy systems (as such term is defined in section 415(c) of the Energy Conservation and Production Act (42 U.S.C. 6865(c))) in residential buildings.’’; and (2) in subsection (b), by striking ‘‘this Act’’ and inserting ‘‘the Energy Policy Act of 2005’’. (c) REBATE PROGRAM.—
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