7 U.S.C. § 8113 (AGRICULTURE)
§ 8113. Community wood energy program
(a) Definitions
In this section:
(1) Biomass consumer cooperative
The term “biomass consumer cooperative” means a consumer membership organization the purpose of which is to provide members with services or discounts relating to the purchase of biomass heating products or biomass heating systems.
(2) Community wood energy plan
The term “community wood energy plan” means an assessment of—
(A) available feedstocks necessary to supply a community wood energy system; and
(B) the long-term feasibility of supplying and operating a community wood energy system.
(3) Community wood energy system
(A) In general
The term “community wood energy system” means an energy system that—
(i) primarily services public facilities owned or operated by State or local governments, including schools, town halls, libraries, and other public buildings; and
(ii) uses woody biomass as the primary fuel.
(B) Inclusions
The term “community wood energy system” includes single facility central heating, district heating, combined heat and energy systems, and other related biomass energy systems.
(b) Grant program
(1) In general
The Secretary, acting through the Chief of the Forest Service, shall establish a program to be known as the “Community Wood Energy Program” to provide—
(A) grants of up to $50,000 to State and local governments (or designees) to develop community wood energy plans;
(B) competitive grants to State and local governments to acquire or upgrade community wood energy systems; and
(C) grants of up to $50,000 to biomass consumer cooperatives for the purpose of establishing or expanding biomass consumer cooperatives that will provide consumers with services or discounts relating to—
(i) the purchase of biomass heating systems;
(ii) biomass heating products, including wood chips, wood pellets, and advanced biofuels; or
(iii) the delivery and storage of biomass of heating products.
(2) Considerations
In selecting applicants for grants under paragraph (1)(B), the Secretary shall consider—
(A) the energy efficiency of the proposed system;
(B) the cost effectiveness of the proposed system; and
(C) other conservation and environmental criteria that the Secretary considers appropriate.
(3) Use of plan
A State or local government applying to receive a competitive grant described in paragraph (1)(B) shall submit to the Secretary as part of the grant application the applicable community wood energy plan.
(c) Limitation
A community wood energy system acquired with grant funds provided under subsection (b)(1)(B) shall not exceed an output of—
(1) 50,000,000 Btu per hour for heating; and
(2) 2 megawatts for electric power production.
(d) Matching funds
(1) State and local governments
A State or local government that receives a grant under subparagraph (A) or (B) of subsection (b)(1) shall contribute an amount of non-Federal funds towards the development of the community wood energy plan, or acquisition of the community wood energy systems that is at least equal to the amount of grant funds received by the State or local government under that subsection.
(2) Biomass consumer cooperatives
A biomass consumer cooperative that receives a grant under subsection (b)(1)(C) shall contribute an amount of non-Federal funds (which may include State, local, and nonprofit funds and membership dues) toward the establishment or expansion of a biomass consumer cooperative that is at least equal to 50 percent of the amount of Federal funds received for that purpose.
(e) Authorization of appropriations
There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2009 through 2018.
(Pub. L. 107–171, title IX, § 9013, as added Pub. L. 110–234, title IX, § 9001(a), May 22, 2008, 122 Stat. 1332, and Pub. L. 110–246, § 4(a), title IX, § 9001(a), June 18, 2008, 122 Stat. 1664, 2094; amended Pub. L. 112–240, title VII, § 701(f)(12), Jan. 2, 2013, 126 Stat. 2366; Pub. L. 113–79, title IX, § 9012, Feb. 7, 2014, 128 Stat. 938.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
heading: Amendments
text: 2014—Subsec. (a). Pub. L. 113–79, § 9012(a), added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively.
Subsec. (b)(1)(C). Pub. L. 113–79, § 9012(b), added subpar. (C).
Subsec. (d). Pub. L. 113–79, § 9012(c), designated existing provisions as par. (1) and inserted heading, substituted “A State or local government that receives a grant under subparagraph (A) or (B) of subsection (b)(1)” for “A State or local government that receives a grant under subsection (b)”, and added par. (2).
Subsec. (e). Pub. L. 113–79, § 9012(d), substituted “2018” for “2013”.
2013—Subsec. (e). Pub. L. 112–240 substituted “2013” for “2012”.
heading: Effective Date of 2013 Amendment
text: Amendment by Pub. L. 112–240 effective Sept. 30, 2012, see section 701(j) of Pub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section 8701 of this title.
heading: Effective Date
text: Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.