725 
‘‘(2) There is authorized to be appropriated to the 
Administrator not more than $10,000,000 for each of the 
first five fiscal years after the enactment of this Part, to 
be available until expended for purposes of grants to 
States under subsection (c). 
‘‘SEC. 375. ADDITIONAL INCENTIVES FOR RECOVERY, UTILI-
ZATION AND PREVENTION OF INDUSTRIAL 
WASTE ENERGY. 
‘‘(a) CONSIDERATION
OF
STANDARD.—Not later 
than 180 days after the receipt by a State regulatory au-
thority (with respect to each electric utility for which it 
has ratemaking authority), or nonregulated electric utility, 
of a request from a project sponsor or owner or operator, 
the State regulatory authority or nonregulated electric 
utility shall provide public notice and conduct a hearing 
respecting the standard established by subsection (b) and, 
on the basis of such hearing, shall consider and make a 
determination whether or not it is appropriate to imple-
ment such standard to carry out the purposes of this Part. 
For purposes of any such determination and any review 
of such determination in any court the purposes of this 
section supplement otherwise applicable State law. Noth-
ing in this Part prohibits any State regulatory authority 
or nonregulated electric utility from making any deter-
mination that it is not appropriate to adopt any such
726 
standard, pursuant to its authority under otherwise appli-
cable State law. 
‘‘(b) STANDARD FOR SALES OF EXCESS POWER.— 
For purposes of this section, the standard referred to in 
subsection (a) shall provide that an owner or operator of 
a waste energy recovery project identified on the Registry 
who generates net excess power shall be eligible to benefit 
from at least one of the options described in subsection 
(c) for disposal of the net excess power in accordance with 
the rate conditions and limitations described in subsection 
(d). 
‘‘(c) OPTIONS.—The options referred to in subsection 
(b) are as follows: 
‘‘(1) SALE OF NET EXCESS POWER TO UTIL-
ITY.—The electric utility shall purchase the net ex-
cess power from the owner or operator of the eligible 
waste-energy recovery project during the operation 
of the project under a contract entered into for that 
purpose. 
‘‘(2) TRANSPORT BY UTILITY FOR DIRECT SALE 
TO THIRD PARTY.—The electric utility shall transmit 
the net excess power on behalf of the project owner 
or operator to up to three separate locations on that 
utility’s system for direct sale by that owner or oper-
ator to third parties at such locations.
727 
‘‘(3) TRANSPORT OVER PRIVATE TRANSMISSION 
LINES.—The State and the electric utility shall per-
mit, and shall waive or modify such laws as would 
otherwise prohibit, the construction and operation of 
private electric wires constructed, owned and oper-
ated by the project owner or operator, to transport 
such power to up to 3 purchasers within a 3-mile ra-
dius of the project, allowing such wires to utilize or 
cross public rights-of-way, without subjecting the 
project to regulation as a public utility, and accord-
ing such wires the same treatment for safety, zon-
ing, land-use and other legal privileges as apply or 
would apply to the utility’s own wires, except that— 
‘‘(A) there shall be no grant of any power 
of eminent domain to take or cross private 
property for such wires, and 
‘‘(B) such wires shall be physically seg-
regated and not interconnected with any portion 
of the utility’s system, except on the customer’s 
side of the utility’s revenue meter and in a 
manner that precludes any possible export of 
such electricity onto the utility system, or dis-
ruption of such system. 
‘‘(4) AGREED UPON ALTERNATIVES.—The util-
ity and the owner or operator of the project may