2014 US Code
Title 42 - The Public Health and Welfare (Sections 1 - 18445)
Chapter 96 - Biomass Energy and Alcohol Fuels (Sections 8801 - 8871)
Subchapter I - General Biomass Energy Development (Sections 8811 - 8821)
Sec. 8815 - Price guarantees
| Publication Title | United States Code, 2012 Edition, Supplement 2, Title 42 - THE PUBLIC HEALTH AND WELFARE |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 96 - BIOMASS ENERGY AND ALCOHOL FUELS SUBCHAPTER I - GENERAL BIOMASS ENERGY DEVELOPMENT Sec. 8815 - Price guarantees |
| Contains | section 8815 |
| Date | 2014 |
| Laws In Effect As Of Date | January 5, 2015 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | Pub. L. 96-294, title II, §215, June 30, 1980, 94 Stat. 692. |
| Statutes at Large References | 94 Stat. 692, 683 |
| Public and Private Laws | Public Law 96-294 |
Download PDF
Subject to sections 8812 and 8817 of this title, the Secretary concerned may commit to guarantee, and guarantee, that the price that the owner or operator of any biomass energy project will receive for all or part of the production from that project shall not be less than a specified sales price determined as of the date of execution of the price guarantee or commitment to guarantee.
(b) Cost-plus arrangements as basis(1) No price guarantee under this section may be based upon a cost-plus arrangement, or variant thereof, which guarantees a profit to the owner or operator involved.
(2) The use of a cost-of-service pricing mechanism by a person pursuant to law, or by a regulatory body establishing rates for a regulated person, shall not be deemed to be a cost-plus arrangement, or variant thereof, for purposes of paragraph (1).
(c) Maximum dollar amount of liability of United StatesEach price guarantee, or commitment to guarantee, which is made under this section shall specify the maximum dollar amount of liability of the United States under that guarantee.
(d) Renegotiation of sales price and maximum liabilityIf the Secretary determines, in the discretion of the Secretary, that—
(1) a biomass energy project would not otherwise be satisfactorily completed or continued, and
(2) completion or continuation of such project would be necessary to achieve the purposes of this chapter,
the sales price set forth in the price guarantee, and maximum liability under such guarantee, may be renegotiated.
(Pub. L. 96–294, title II, §215, June 30, 1980, 94 Stat. 692.)
REFERENCES IN TEXTThis chapter, referred to in subsec. (d)(2), was in the original "this title", meaning title II of Pub. L. 96–294, June 30, 1980, 94 Stat. 683, known as the Biomass Energy and Alcohol Fuels Act of 1980, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 8801 of this title and Tables.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.
