123STA T . 1 45PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9SEC.406 . R E N E WABL E E NE RGY AN D ELEC T R I C PO WER T RAN S-M ISSION L OAN GU ARANTEE PROGRAM. (a)A MENDMENT. — T itleXVI I of t h eE n e rgy Poli c yActof 2 00 5 (42 U .S. C . 1 6511 et s e q .) is a m en d ed b y adding the follo w ing at the end
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‘ SEC.1705 . T E MPORA R Y PRO G RAM F OR RAP ID DEP L OYME N TOF RENE W A B LE ENERGY AND ELECTRIC POWER TRANS - MISSION PRO J ECTS. ‘ ‘(a) IN GENERAL.— N otwithstanding section 1 7 0 3, the Secretary may ma k eg u arantees under this section only for the following categories of p ro j ects that commence construction not later than September 30, 2011: ‘‘(1) Renewable energy systems, including incremental hydropower, that generate electricity or thermal energy, and facilities that manufacture related components. ‘‘(2) Electric power transmission systems, including upgrading and reconductoring projects. ‘‘(3) Leading edge biofuel projects that will use technologies performing at the pilot or demonstration scale that the Sec- retary determines are likely to become commercial technologies and will produce transportation fuels that substantially reduce life-cycle greenhouse gas emissions compared to other transpor- tation fuels. ‘‘(b) F ACTORS RELATING TO ELECTRIC POWER TRANSMISSION SYS- TEMS.—In determining to make guarantees to projects described in subsection (a)(2), the Secretary may consider the following fac- tors: ‘‘(1) The v iability of the project without guarantees. ‘‘(2) The availability of other Federal and State incentives. ‘‘(3) The importance of the project in meeting reliability needs. ‘‘(4) The effect of the project in meeting a State or region ’ s environment (including climate change) and energy goals. ‘‘(c) W AGE RATE RE Q UIREMENTS.—The Secretary shall require that each recipient of support under this section provide reasonable assurance that all laborers and mechanics employed in the perform- ance of the project for which the assistance is provided, including those employed by contractors or subcontractors, will be paid wages at rates not less than those prevailing on similar work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the ‘ D avis- B acon Act’). ‘‘(d) LIMITATION.—Funding under this section for projects described in subsection (a)(3) shall not e x ceed $ 500,000,000. ‘‘(e) SUNSET.—The authority to enter into guarantees under this section shall expire on September 30, 2011.’’. (b) TABLE O F CONTENTS AMENDMENT.—The table of contents for the Energy Policy Act of 2005 is amended by inserting after the item relating to section 1704 the following new item: ‘ ‘ Sec.1705 . T e mpora r y pro g ram f or rap id dep l oyme nt of rene w a b le energy and elec - tric power tran s mission pro j ects. ’ ’. SEC. 407. WEAT H ERI Z ATION ASSISTANCE PROGRAM AMEND- MENTS. (a) INCOME LE V EL.—Section 412(7) of the Energy Conserva- tion and Production Act (42 U.S.C. 6 8 62(7)) is amended by striking ‘‘150 percent’’ both places it appears and inserting ‘‘200 percent’’. 42USC165 16 .
