94 STAT. 702
Byproducts, value and production costs.
Application.
PUBLIC LAW 96-294—JUNE 30, 1980 waste feedstocks are available and it is reasonable to expect they will continue to be available for the expected economic life of the project. (4) In providing financial assistance under section 232, 233, or 234, the Secretary of Energy shall give due consideration to promoting competition. (5) In determining the amount of financial assistance for any municipal waste energy project which will yield byproducts in addition to biomass energy, the Secretary shall consider the value of such byproducts and the costs attributable to their production. (6) The Secretary of Energy shall not provide financial assistance under section 232, 233, or 234 for any municipal waste energy unless the Secretary determines— (A) the project will be technically and economically viable; (B) the financial assistance provided encourages and supplements, but does not compete with nor supplant, any private capital investment which otherwise would be available to the proposed municipal waste energy project on reasonable terms and conditions which would permit such project to be undertaken; (C) assurances are provided that the project will not use, in any substantial quantities, waste paper which would otherwise be recycled for a use other than as a fuel and will not substantially compete with facilities in existence on the date of the financial assistance which are engaged in the separation or recovery of reuseable materials from municipal waste; and (D) that the amount of financial assistance provided for the project is not greater than is necessary to achieve the purposes of this title. (b) Financial assistance may not be provided under section 232,233, or 234 unless the Secretary of Energy determines that— (1) the terms, conditions, maturity, security and schedule and amounts of repayments with respect to such assistance are reasonable and meet such standards as the Secretary determines are sufficient to protect the financial interests of the United States; and (2) the person receiving such financial assistance will bear a reasonable degree of risk with respect to the project. (c)(1) No financial assistance may be provided to any person under section 232,233, or 234 unless an application therefor— (A) has been submitted to the Secretary of Energy by such person in such form and under such procedures as the Secretary shall prescribe, consistent with the requirements of this subtitle, and (B) has been approved by the Secretary in accordance with such procedures. (2) Each such application shall include information regarding the construction costs of the municipal waste energy project involved (if appropriate), and estimates of operating costs and income relating to that project (including the sale of any byproducts from that project). In addition, each applicant shall provide— (A) access at reasonable times to such other information, and (B) such assurances, as the Secretary of Energy may require. (d)(1) Every person receiving financial assistance under section 232, 233, or 234 shall, as a condition precedent thereto, consent to such examinations and reports thereon regarding the municipal waste energy project involved as the Secretary of Energy may require.
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