---
kind: "section"
citation: "42 U.S.C. § 13573"
title: "42"
title_heading: "The Public Health and Welfare"
number: "13573"
heading: "Generation projects"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/13573"
units:
  - "Chapter 134 — Energy Policy"
  - "Subchapter XIII — Clean Air Coal Program"
---

# §13573. Generation projects

- (a) **Eligible projects—** [Projects](/usc/42/13641.md?p=2) supported under [section 13572(a)(1) of this title](/usc/42/13572.md?p=a-1) may include—
  - (1) equipment or processes previously supported by a Department of Energy program;
  - (2) advanced combustion equipment and processes that the [Secretary](/usc/42/242q–4.md?p=2) determines will be cost-effective and could substantially contribute to meeting environmental or energy needs, including gasification, gasification fuel cells, gasification coproduction, oxidation combustion techniques, ultra-supercritical boilers, and chemical looping; and
  - (3) hybrid gasification/combustion systems, including systems integrating fuel cells with gasification or combustion units.
- (b) **Criteria—** The [Secretary](/usc/42/242q–4.md?p=2) shall establish criteria for the selection of generation [projects](/usc/42/13641.md?p=2) under [section 13572(a)(1) of this title](/usc/42/13572.md?p=a-1). The [Secretary](/usc/42/242q–4.md?p=2) may modify the criteria as appropriate to reflect improvements in equipment, except that the criteria shall not be modified to be less stringent. The selection criteria shall include—
  - (1) prioritization of [projects](/usc/42/13641.md?p=2) whose installation is likely to result in significant air quality improvements in nonattainment air quality areas;
  - (2) prioritization of [projects](/usc/42/13641.md?p=2) whose installation is likely to result in lower emission rates of pollution;
  - (3) prioritization of [projects](/usc/42/13641.md?p=2) that result in the repowering or replacement of older, less efficient units;
  - (4) documented broad interest in the procurement of the equipment and utilization of the processes used in the [projects](/usc/42/13641.md?p=2) by [owners](/usc/42/13641.md?p=4) or operators of facilities for electricity generation;
  - (5) equipment and processes beginning in 2006 through 2011 that are projected to achieve a thermal efficiency of—
    - (A) 40 percent for coal of more than 9,000 Btu per pound based on higher heating values;
    - (B) 38 percent for coal of 7,000 to 9,000 Btu per pound passed on higher heating values; and
    - (C) 36 percent for coal of less than 7,000 Btu per pound based on higher heating values;

    except that energy used for coproduction or cogeneration shall not be counted in calculating the thermal efficiency under this paragraph; and

  - (6) equipment and processes beginning in 2012 and 2013 that are projected to achieve a thermal efficiency of—
    - (A) 45 percent for coal of more than 9,000 Btu per pound based on higher heating values;
    - (B) 44 percent for coal of 7,000 to 9,000 Btu per pound passed on higher heating values; and
    - (C) 40 percent for coal of less than 7,000 Btu per pound based on higher heating values;

    except that energy used for coproduction or cogeneration shall not be counted in calculating the thermal efficiency under this paragraph.

- (c) **Program balance and priority—** In carrying out the program under [section 13572(a)(1) of this title](/usc/42/13572.md?p=a-1), the [Secretary](/usc/42/242q–4.md?p=2) shall ensure, to the extent practicable, that—
  - (1) between 25 percent and 75 percent of the [projects](/usc/42/13641.md?p=2) supported are for the sole purpose of electrical generation; and
  - (2) priority is given to [projects](/usc/42/13641.md?p=2) that use electrical generation equipment and processes that have been developed and demonstrated and applied in actual production of electricity, but are not yet cost-competitive, and that achieve greater efficiency and environmental performance.
- (d) **Authorization of appropriations—** There are authorized to be appropriated to the [Secretary](/usc/42/242q–4.md?p=2) to carry out [section 13572(a)(1) of this title](/usc/42/13572.md?p=a-1)—
  - (1) $250,000,000 for fiscal year 2007;
  - (2) $350,000,000 for fiscal year 2008;
  - (3) $400,000,000 for each of fiscal years 2009 through 2012; and
  - (4) $300,000,000 for fiscal year 2013.
- (e) **Applicability—** No technology, or level of emission reduction, shall be treated as adequately demonstrated for purpose[^1] of [section 7411 of this title](/usc/42/7411.md), achievable for purposes of [section 7479 of this title](/usc/42/7479.md), or achievable in practice for purposes of [section 7501 of this title](/usc/42/7501.md) solely by reason of the use of such technology, or the achievement of such emission reduction, by one or more facilities receiving assistance under [section 13572(a)(1) of this title](/usc/42/13572.md?p=a-1).

## Footnotes

[^1]: So in original. Probably should be “purposes”.

## Source credit

(Pub. L. 102–486, title XXXI, § 3103, as added Pub. L. 109–58, title IV, § 421(a), Aug. 8, 2005, 119 Stat. 758.)