Wind Energy Systems Act of 1980
PL 96-345 (H.R.5892), enacted 09/08/1980

PUBLIC LAW 96-345—SEPT. 8, 1980 
94 STAT. 1139 
Public Law 96-345 
96th Congress 
An Act 
To provide for an accelerated program of wind energy research, development, and 
Sept. 8, 1980 
demonstration, to be carried out by the Department of Energy with the support of 
[H.R. 5892] 
the National Aeronautics and Space Administration and other Federal agencies, 
and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, That this Act may be wind Energy 
cited as the "Wind Energy Systems Act of 1980". 
^f^^^ ^""^ 
42 u s e 9201 
FINDINGS AND PURPOSE 
note. 
SEC. 2. (a) The Congress finds that— 
42 use 920i. 
(1) the United States is faced with a finite and diminishing 
resource base of native fossil fuels and, as a consequence, must 
develop as quickly as possible a diversified, pluralistic national 
energy capability and posture; 
(2) the current imbalance between supply and demand for fuels 
and energy in the United States is likely to grow for many years; 
(3) it is in the Nation's interest to provide opportunities for the 
increased production of electricity from renewable energy 
sources; 
(4) the early wide-spread utilization of wind energy for the 
generation of electricity and for mechanical power could lead to 
relief on the demand for existing non-renewable fuel and energy 
supplies; 
(5) the use of large wind energy systems for certain limited 
applications is already economically feasible; 
(6) the use of small wind energy systems for certain applica-
tions is already economically feasible, and therefore, the Federal 
Government should not undertake any financial incentive or 
financial initiative which may detrimentally affect commercial 
markets for small wind energy systems; 
(7) an aggressive research, development and demonstration 
program to accelerate widespread utilization of wind energy 
should solve existing technical problems of converting wind 
energy into electricity and mechanical energy and, supported by 
an assured and growing market for wind energy systems during 
the next decade, should maximize the future contribution of 
wind energy to the Nation's future energy production; 
(8) it is the proper and appropriate role of the Federal Govern-
ment to undertake research and development, to participate in 
demonstration programs for wind ener^ systems, and to assist 
private industry, other entities, and the general public in hasten-
ing the widespread utilization of such systems; 
(9) the widespread use of wind energy systems to supplement 
and replace conventional methods for the generation of electric-
ity and mechanical power would have a beneficial effect upon the 
environment; 
94 STAT. 1140 
PUBLIC LAW 96-345—SEPT. 8, 1980 
(10) the evaluation of the performance and reliability of wind 
energy technologies can be expedited by the testing of prototypes 
under carefully controlled conditions; 
(11) innovation and creativity in the development of compo-
nents and systems for converting wind energy into electricity 
and mechanical energy can be fostered through encouraging 
direct contact between the manufacturers of such components 
and systems and utilities and other persons interested in utiliz-
ing such components and systems; and 
(12) consistent with the findings of the Domestic Policy Review 
on Solar Energy, wind energy can potentially contribute 1.7 
quads of energy per year by the year 2000. 
(b) It is declared to be the policy of the United States and the 
purpose of this Act to establish during the next eight years an 
aggressive research, development, demonstration, and technology 
applications program for converting wind energy into electricity and 
mechanical energy. It is declared to be the further policy of the 
United States and the purpose of this Act that the objectives of such 
program are— 
(1) to reduce the average cost of electricity produced by 
installed wind energy systems, by the end of fiscal year 1988, to a 
level competitive with conventional energy sources; 
(2) to reach a total megawatt capacity in the United States 
from wind energy systems, by the end of fiscal year 1988, of at 
least eight hundred megawatts, of which at least one hundred 
megawatts are provided by small wind energy systems; and 
(3) to accelerate the growth of a commercially viable and 
competitive industry to make wind energy systems available to 
the general public as an option in order to reduce national 
consumption of fossil fuel. 
DEFINITIONS 
42 use 9202. 
SEC. 3. For purposes of this Act— 
(1) the term "wind energy system" means a system of compo-
nents which converts the kinetic energy of the wind into electric-
ity or mechanical power, and which comprises all necessary 
components, including energy storage, power conditioning, con-
trol systems, and transmission systems, where appropriate, to 
provide electricity or mechanical power for individual, residen-
tial, agricultural, commercial, industrial, utility, or governmen-
tal use; 
(2) the term "small wind energy system" means a wind energy 
system having a maximum rated capacity of one hundred kilo-
watts or less; 
(3) the term "large wind energy system" means a wind energy 
system which is not a small wind energy system; 
(4) the term "public and private entity' means any individual, 
corporation, partnership, firm, association, agricultural coopera-
tive, public- or investor-owned utility, public or private institu-
tion or group, any State or local government agency, or any other 
domestic entity; 
(5) the term "known wind resource" means a site with an 
estimated average annual wind velocity of at least twelve miles 
per hour; 
(6) the term "conventional energy source" means energy 
produced from oil, gas, coal, and nuclear fuels; and 
(7) the term "Secretary" means the Secretary of Energy. 
PUBLIC LAW 96-345—SEPT. 8, 1980 
94 STAT. 1141 
COMPREHENSIVE PROGRAM MANAGEMENT PLAN 
SEC. 4. (a) The Secretary shall prepare a comprehensive program 
management plan for the research, development, demonstration, and 
technology application activities to carry out the purposes of this Act. 
The program activities shall be conducted in accordance with such 
comprehensive plan which shall include— 
(1) a 
five-year 
program for small wind energy systems, 
(2) an eight-year program for large wind energy systems, and 
(3) a three-year program for wind resource assessment 
which shall be consistent with the provisions of sections 5,6, and 7. In 
the preparation of such plan, the Secretary shall consult with the 
Administrator of the National Aeronautics and Space Administra-
tion, the Secretary of the Interior, and the heads of such other 
Federal agencies and such public and private organizations as he 
deems appropriate. 
(b) The Secretary shall transmit the comprehensive program man-
agement plan to the Committee on Science and Technology of the 
House of Representatives and the Committee on Energy and Natural 
Resources of the Senate within nine months after the date of the 
enactment of this Act, 
(c) Concurrently with the submission of the President's annual 
budget to the Congress for each year after the year in which the 
comprehensive plan is initially transmitted under subsection Ot)), the 
Secretary shall transmit to the Congress a detailed description of the 
comprehensive plan as then in effect, setting forth the modifications 
which may be necessary to appropriately revise such plan and any 
changes in circumstances which may have occurred since the plan or 
the last previous modification thereof was transmitted in accordance 
with this section. The detailed description of the comprehensive plan 
under this subsection shall include but need not be limited to a 
statement setting forth with respect to each of the programs under 
this Act any changes in— 
(1) the anticipated research, development, demonstration, and 
technology application objectives to be achieved by the program; 
(2) the program elements, management structure, and activi-
ties, including any regional aspects and field responsibilities 
thereof; 
(3) the program strategies and technolo^ applications plans, 
including detailed milestone goals to be achieved during the next 
fiscal year for all major activities and projects; 
(4) any significant economic, environmental, and societal 
effects which the program may have; 
(5) the total estimated cost of individual program items; and 
(6) the estimated relative financial contributions of the Federal 
Government and non-Federal participants in the program. 
Such description shall also include a detailed justification of any such 
changes, a detailed description of the progress made toward achiev-
ing the goals of this Act, a statement on the status of interagency 
cooperation in meeting such goals, and any legislative or other 
recommendations which the Secretary may have to help attain such 
goals. 
RESEARCH, DEVELOPMENT, AND DEMONSTRATION 
SEC. 5. (a) The Secretary shall initiate research and development or 
accelerate existing research and development in areas in which the 
42 u s e 9203. 
Consultation. 
Transmittal to 
congessional 
committees. 
Detailed 
description of 
plan, transmittal 
to Congress. 
42 u s e 9204. 
94 STAT. 1142 
PUBLIC LAW 96-345—SEPT. 8, 1980 
Advanced wind 
energy systems. 
New or improved 
technology 
proposals. 
lack of knowledge limits the widespread utilization of wind energy 
systems in order to achieve the purposes of this Act. 
(bXD The Secretary shall continue an aggressive program for the 
development of prototypes of advanced wind energy systems. 
(2) As often as he deems appropriate, the Secretary shall solicit and 
evaluate proposals for the research and development of any new or 
improved technologies, which, in the Secretary's opinion, will con-
tribute to the development of improvements in current wind energy 
systems. 
(c) The Secretary is authorized to enter into contracts, grants, and 
cooperative agreements with public and private entities for the 
purchase, fabrication, installation, and testing to obtain scientific, 
technological, and economic information from the demonstration of a 
variety of prototypes of advanced wind energy systems under a 
variety of circumstances and conditions. 
(d) In carrying out the responsibilities under this section, the 
Secretary is not subject to the requirements of section 553 of title 5, 
United States Code, or section 501 of the Department of Energy 
Organization Act (42 U.S.C. 7191). 
42 u s e 9205. 
Federal 
assistance 
proposals. 
Grants. 
Loans. 
TECHNOLOGY APPLICATION PROGRAMS 
SEC. 6. (a) The Secretary shall establish a technology application 
program for wind energy systems to achieve the purposes of this Act 
by reduction in unit costs of wind energy systems through mass 
production and by determination of operating and maintenance costs 
through broad operational systems experience. 
OJ) In achieving the objectives of this section, the Secretary shall 
solicit and evaluate proposals for Federal assistance pursuant to 
paragraphs (1), (2), and (3) of subsection (c) for investigating, purchas-
ing, and installing such wind energy systems from public or private 
entities wishing to utilize wind energy systems. 
(c) In achieving the objectives of this section, the Secretary is 
authorized to use various forms of Federal assistance including, but 
not limited to— 
(1) contracts and cooperative agreements; 
(2) grants; 
(3) loans; and 
(4) direct Federal procurement. 
(d) In carrying out his duties under this Act, the Secretary is 
authorized to enter into such contracts and cooperative agreements 
with any public or private entity as may be necessary or appropriate 
for the production and utilization of large and small wind energy 
systems in quantities sufficient to achieve the objectives of this 
section. 
(e) In carrying out his duties under this Act, the Secretary shall, 
within six months of the date of enactment of this Act, establish 
procedures to allow any public or private entity wishing to install a 
large wind energy system to apply for and, upon meeting such terms 
and conditions as the Secretary may prescribe, to receive a direct 
grant for a portion of the total purchase and installation cost of such 
wind energy system: Provided, That grants for the portion of such 
cost in the case of large wind energy systems shall not exceed (A) 50 
per centum of such cost during the first six years of the program 
under this subsection, and (B) 25 per centum of such cost during the 
seventh or eighth year of the program. 
(0(1) In carrying out his duties under this Act, the Secretary shall, 
within six months of the date of enactment of this Act, establish 
PUBLIC LAW 96-345—SEPT. 8, 1980 
94 STAT. 1143 
procedures to allow public or private entities wishing to install a 
small or large wind energy system to apply for and, upon meeting 
such terms and conditions as the Secretary may prescribe, to receive 
loans for up to 75 per centum of the total purchase and installation 
costs of wind energy systems providing in the aggregate up to three 
hundred and twenty megawatts peak generating capacity involving 
at a minimum four projects: Provided, That no such loan in any fiscal 
year shall be for more than 50 per centum of the amount appropri-
ated under this Act for such fiscal year. 
(2) Each loan shall be for a term which the Secretary deems 
appropriate, but no loan shall exceed twenty years beyond the date 
the wind energy system becomes operational. 
(3) Each loan made pursuant to this section shall bear interest at 
the discount or interest rate used at the time the loan is made for 
water resource planning projects under section 80 of the Water 
Resources Development Act of 1974 (42 U.S.C. 1962(d)-17(a)). Such 
loan can be prepaid at any time without prepayment penalty and 
shall be contingent upon such other terms and conditions prescribed 
by the Secretary. 
(g)(1) In carrying out his duties under this Act, the Secretary is 
authorized to provide funds for the accelerated procurement and 
installation of small and large wind energy systems by Federal 
agencies. 
(2) The Secretary is authorized to enter into arrangements with 
appropriate Federal agencies, including the Water and Power Re-
sources Services and the Federal power marketing agencies for large 
wind energy systems, to carry out such projects and activities as may 
be appropriate for the broad technology applications of small and 
large wind energy systems which are suitable and effective for use by 
such Federal agencies. 
(h) The terms and conditions prescribed by the Secretary under this 
sulDsection shall require such observation, monitoring, and reporting 
requirements as the Secretary deems necessary for a period of five 
years and shall provide for members of the public to view and inspect 
the system under reasonable conditions. 
(i) New Federal assistance for technology applications systems 
shall terminate upon the appropriate determination by the Secre-
tary, in the annual update of the comprehensive program manage-
ment plan pursuant to section 4. Termination of the small wind 
energy systems program shall occur when the Secretary finds that 
such systems have become economically competitive with conven-
tional energy sources, or on September 30, 1985, whichever occurs 
first. Termination of the large wind energy systems program shall 
occur when the Secretary finds that such systems have become 
economically competitive with conventional energy sources, or on 
September 30,1988, whichever occurs first. 
Interest 
rate. 
42 use 
1962d-17. 
Arrangements 
with appropriate 
Federal 
agencies. 
Terms and 
conditions. 
Terminations. 
WIND RESOURCE ASSESSMENT 
SEC. 7. The Secretary shall initiate a three-year national wind 
resource assessment program. As part of such program, the Secretary 
shall— 
(1) conduct activities to validate existing assessments of known 
wind resources; 
(2) perform wind resource assessments in regions of the United 
States where the use of wind energy may prove feasible; 
(3) initiate a general site prospecting program; 
42 u s e 9206. 
94 STAT. 1144 
PUBLIC LAW 96-345—SEPT. 8, 1980 
National 
wind data 
center. 
(4) establish standard wind data collection and siting tech-
niques; and 
(5) establish, in consultation with the Administrator of the 
National Oceanic and Atmospheric Administration, the Admin-
istrator of the National Aeronautics and Space Administration, 
and the Administrator of the Environmental Protection Agency, 
a national wind data center which shall make public information 
available on the known wind energy resources of various regions 
throughout the United States. 
42 u s e 9207. 
CRITERIA FOR PROGRAM SELECTION 
SEC. 8. The Secretary shall set priorities which are, as far as 
possible, consistent with the intent and purposes of this Act and 
which are set in accordance with the following criteria: 
(1) the construction, operation, and maintenance costs of wind 
energy systems shall be minimized; 
(2) programs established under this Act shall be conducted 
with the express intent of bringing wind energy system costs 
down to a level competitive with energy costs from conventional 
energy systems; 
(3) priority shall be given in the conduct of programs estab-
lished under this Act to those projects in which cost-sharing 
funds are provided by private, industrial, agricultural, or govern-
mental entities or utilities; and 
(4) to the extent that the Secretary is limited by the availability 
of funds to carry out the objectives of this Act, priority, but not 
exclusive emphasis, should be given in the early years of the 
programs to activities under sections 5 and 7 and in the later 
years of the programs to activities under section 6. 
42 u s e 9208. 
Reports to 
Congress. 
MONITORING, INFORMATION GATHERING, AND LIAISON 
SEC. 9. (a) The Secretary, in coordination with such Government 
agencies as may be appropriate, shall— 
(1) monitor the performance and operation of wind energy 
systems installed under this Act; 
(2) collect and evaluate data and information on the perform-
ance and operation of wind energy systems installed under this 
Act; and 
(3) from time to time carry out such studies and investigations 
and take such other actions, including the submission of special 
reports to the Congress when appropriate, as may be necessary to 
assure that the programs for which the Secretary is responsible 
under this Act effectively carry out the purposes of this Act. 
(b) The Secretary shall also maintain continuing liaison with 
related industries and interests and with the scientific and technical 
community in order to assure that the benefits of programs under 
this Act are and will continue to be realized to the maximum extent 
feasible. 
(c) The Secretary shall assure, subject to section 552 of title 5, 
United States Code, and section 1905 of title 18, United States Code, 
that full and complete information with respect to any program, 
project, or other activity conducted under this Act is made available 
to Federal, State, and local authorities, relevant segments of the 
economy, the scientific community, and the public so that the early, 
widespread, and practical use of wind energy throughout the United 
States is promoted to the maximum extent feasible. 
PUBLIC LAW 96-345—SEPT. 8, 1980 
94 STAT. 1145 
UTILIZATION OF CAPABILITIES AND FACILITIES 
SEC. 10. The Secretary shall utilize the technological and manage- 42 use 9209. 
ment capabilities, equipment, and facilities of the National Aeronau-
tics and Space Administration to the maximum extent practicable in 
carrjdng out his duties under this Act, and shall enter into such 
additional agreements with the Administrator of such Administra-
tion as may be necessary for this purpose. 
ANALYSIS OF APPUCATIONS OF WIND ENERGY SYSTEMS 
SEC. 11. The Secretary shall— 
(1) initiate and conduct a federal applications study for wind 
energy systems, cooperatively with appropriate Federal agencies 
to determine the potential for the use of wind systems at specific 
Federal facilities; and this study shall— 
(A) include an analysis which determines those sites at 
which wind energy systems are economically competitive 
with the marginal costs of new conventional energy sources 
in the areas; 
(B) identify potential sites and uses of wind energy systems 
at the following agencies as well as any others which the 
Secretary deems necessary: 
(i) the Department of Defense; 
(ii) the Department of Trgmsportation (including 
the United States Coast Guard, the Federal Avia-
tion Administration, and the Federal Highway 
Administration); 
(iii) the Department of Commerce; 
(iv) the Department of Agriculture; and 
(v) the Department of the Interior; 
(C) provide a preliminary report to the Congress within 
nine months after the date of enactment of this Act; and 
(D) include the presentation of a detailed plan for the use 
of wind energy systems for power generation at specific sites 
in Federal Government agencies to the Congress within 
twelve months after the date of enactment of this Act; 
(2) study the effects, at varjdng levels of market penetration, of 
the widespread utilization of wind energy systems on the existing 
electrical utility system; 
(3) determine the necessity for, and make recommendations to 
the Committee on Energy and Natural Resources of the Senate 
and the Committee on Science and Technology of the House of 
Representatives within eighteen months after the date of enact-
ment of this Act on, the need for any additional incentives for 
either users or manufacturers, in each of the potential markets 
for wind energy systems, to accelerate the widespread utilization 
of 
wind energy technologies; 
(4) evaluate the actual performance of wind energy systems in 
various applications, including but not limited to residential, 
£^culturaL, large and small scale irrigation pumping, indus-
trial, commercial, remote nonnetwork utility, and other applica-
tions, and report thereon to the Congress within two years after 
the date of 
enactment of 
this Act; 
(5) initiate and conduct a study involving the prospects for 
applications of wind energy systems for power generation in 
foreign countries, particularly lesser developed countries and the 
potential for the exploration of these energy systems. This study 
Federal 
applications 
study. 
42 u s e 9210. 
Report to 
Congress. 
Detailed plan, 
presentation to 
Congress. 
Recommendations 
to congressional 
committees. 
Evaluation; 
report 
to Congress. 
Study. 
94 STAT. 1146 
PUBLIC LAW 96-345—SEPT. 8, 1980 
Reports to 
Congress. 
Merging 
of studies. 
shall involve the cooperation of the Department of State and the 
Department of Commerce, as well as other Federal agencies 
which the Secretary deems appropriate. A final report shall be 
submitted to the Congress, as well as a preliminary report within 
twelve months of the date of 
enactment of this Act; and 
(6) in carrying out his functions under this section, consult 
with the appropriate government agencies, industry representa-
tives, and members of the scientific and technical community 
having expertise and interest in this subject. 
The Secretary, as appropriate, may merge any continuing or on-going 
studies within the Department of Energy or any other Federal agency 
with those required under this section to avoid any unnecessary 
duplication of 
effort or funding. 
42 u s e 9211. 
Compliance 
with anti-
trust laws. 
ENCOURAGEMENT AND PROTECTION OP SMALL BUSINESS 
SEC. 12. (a) In carrying out his functions under this Act, the 
Secretary shall take steps to assure that small business concerns will 
have realistic and adequate opportunities to participate in the 
programs under this Act to the maximum extent practicable. 
(b) The Secretary shall, to the maximum extent practicable, use all 
authority provided by law to protect trade secrets and other propri-
etary information submitted by small business under this Act and to 
avoid the unnecessary disclosure of 
such information. 
(c) The Secretary shall take such steps as may be necessary to 
assure compliance with the antitrust laws in the conduct of activities 
related to the manufacture or sale of wind energy systems directly or 
indirectly assisted under this Act, and shall implement this Act in a 
manner which will protect against the creation of noncompetitive 
market situations in the conduct of such activities. 
42 u s e 9212. 
GENERAL PROVISIONS 
SEC. 13. (a) Nothing in this Act shall be construed as preventing the 
Secretary from undertaking projects or activities in addition to those 
specified in this Act if such projects or activities appropriately 
further the purposes set forth in this subsection. 
(b) This Act applies to each of the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of 
the Northern Mariana Islands and the territories and possessions of 
the United States including the Trust Territory of the Pacific Islands. 
AUTHORIZATION OF APPROPRIATIONS 
42 use 9213. 
SEC. 14. (a) There is authorized to be appropriated to the Secretary 
to carry out this Act (1) for the fiscal year ending September 30,1981, 
the sum of $100,000,000 (of which $10,000,000 shall be available 
exclusively for purposes of section 7), and (2) for each fiscal year 
beginning after that date, such sum as may be authorized by 
legislation hereafter enacted. 
PUBLIC LAW 96-345—SEPT. 8, 1980 
94 STAT. 1147 
(b) In each of the five years of the small wind energy systems 
program, at least 25 per centum of the total authorization for 
appropriations under subsection (a) shall be for small wind energy 
systems activities, including supporting activities. 
Approved September 8, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-662 (Comm. on Science and Technology) and No. 96-1217 
(Comm. of Conference). 
SENATE REPORT No. 96-753 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 125 (1979): Dec. 3, 4, considered and passed House. 
Vol. 126 (1980): June 16, considered and passed Senate, amended. 
June 20, House concurred in Senate amendment to the text 
with an amendment, and concurred in the Senate amend-
ment to the title. 
Aug. 6, Senate agreed to conference report. 
Aug. 26, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: 
Vol. 16, No. 37 (1980): Sept. 8, Presidential statement.