{"identifier":"/us/usc/t42/s8802","title":42,"num":"\u00a7\u202f8802.","heading":"Definitions","text":"\u00a7\u202f8802.\nDefinitions\nAs used in this chapter\u2014\n(1) The term \u201calcohol\u201d means alcohol (including methanol and ethanol) which is produced from biomass and which is suitable for use by itself or in combination with other substances as a fuel or as a substitute for petroleum or petrochemical feedstocks.\n(2)\n(A) The term \u201cbiomass\u201d means any organic matter which is available on a renewable basis, including agricultural crops and agricultural wastes and residues, wood and wood wastes and residues, animal wastes, municipal wastes, and aquatic plants.\n(B) For purposes of subchapter I, such term does not include municipal wastes; and for purposes of subchapter III, such term does not include aquatic plants and municipal wastes.\n(3) The term \u201cbiomass fuel\u201d means any gaseous, liquid, or solid fuel produced by conversion of biomass.\n(4) The term \u201cbiomass energy\u201d means\u2014\n(A) biomass fuel; or\n(B) energy or steam derived from the direct combustion of biomass for the generation of electricity, mechanical power, or industrial process heat.\n(5) The term \u201cbiomass energy project\u201d means any facility (or portion of a facility) located in the United States which is primarily for\u2014\n(A) the production of biomass fuel (and byproducts); or\n(B) the combustion of biomass for the purpose of generating industrial process heat, mechanical power, or electricity (including cogeneration).\n(6) The term \u201cBtu\u201d means British thermal unit.\n(7) The term \u201ccogeneration\u201d means the combined generation by any facility of\u2014\n(A) electrical or mechanical power, and\n(B) steam or forms of useful energy (such as heat) which are used for industrial, commercial, heating, or cooling purposes.\n(8) The term \u201ccooperative\u201d means any agricultural association, as that term is defined in\nsection 1141j(a) of title 12\n(9)\n(A) The term \u201cconstruction\u201d means\u2014\n(i) the construction or acquisition of any biomass energy project;\n(ii) the conversion of any facility to a biomass energy project; or\n(iii) the expansion or improvement of any biomass energy project which increases the capacity or efficiency of that facility to produce biomass energy.\n(B) Such term includes\u2014\n(i) the acquisition of equipment and machinery for use in or at the site of a biomass energy project; and\n(ii) the acquisition of land and improvements thereon for the construction, expansion, or improvement of such a project, or the conversion of a facility to such a proj\u00adect.\n(C) Such term does not include the acquisition of any facility which was operated as a biomass energy project before the acquisition.\n(10) The term \u201cFederal agency\u201d means any Executive agency, as defined in\nsection 105 of title 5\n(11)\n(A) The term \u201cfinancial assistance\u201d means any of the following forms of financial assistance provided under this chapter, or any combination of such forms:\n(i) loans,\n(ii) loan guarantees,\n(iii) price guarantees, and\n(iv) purchase agreements.\n(B) Such term includes any commitment to provide such assistance.\n(12) The term \u201cIndian tribe\u201d means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act [\n43 U.S.C. 1601\n(13) The term \u201cmotor fuel\u201d means gasoline, kerosene, and middle distillates (including diesel fuel).\n(14)\n(A) The term \u201cmunicipal waste\u201d means any organic matter, including sewage, sewage sludge, and industrial or commercial waste, and mixtures of such matter and inorganic refuse\u2014\n(i) from any publicly or privately operated municipal waste collection or similar disposal system, or\n(ii) from similar waste flows (other than such flows which constitute agricultural wastes or residues, or wood wastes or residues from wood harvesting activities or production of forest products).\n(B) Such term does not include any hazardous waste, as determined by the Secretary of Energy for purposes of this chapter.\n(15)\n(A) The term \u201cmunicipal waste energy project\u201d means any facility (or portion of a facility) located in the United States primarily for\u2014\n(i) the production of biomass fuel (and byproducts) from municipal waste; or\n(ii) the combustion of municipal waste for the purpose of generating steam or forms of useful energy, including industrial process heat, mechanical power, or electricity (including cogeneration).\n(B) Such term includes any necessary transportation, preparation, and disposal equipment and machinery for use in or at the site of the facility involved.\n(16) The term \u201cOffice of Alcohol Fuels\u201d means the Office of Alcohol Fuels established under\nsection 8820 of this title\n(17) The term \u201cperson\u201d means any individual, company, cooperative, partnership, corporation, association, consortium, unincorporated organization, trust, estate, or any entity organized for a common business purpose, any State or local government (including any special purpose district or similar governmental unit) or any agency or instrumentality thereof, or any Indian tribe or tribal organization.\n(18) The term \u201cState\u201d means any of the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.\n(19) The term \u201csmall scale biomass energy project\u201d means a biomass energy project with an anticipated annual production capacity of not more than 1,000,000 gallons of ethanol per year, or its energy equivalent of other forms of biomass energy.","url":"https://projectusc.org/usc/t42/s8802.html","content":[{"t":"sec","id":"/us/usc/t42/s8802","children":[{"t":"num","text":"\u00a7\u202f8802."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"As used in this chapter\u2014"},{"t":"para","id":"/us/usc/t42/s8802/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" The term \u201calcohol\u201d means alcohol (including methanol and ethanol) which is produced from biomass and which is suitable for use by itself or in combination with other substances as a fuel or as a substitute for petroleum or petrochemical feedstocks.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8802/2","children":[{"t":"num","text":"(2)"},{"t":"subpara","id":"/us/usc/t42/s8802/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" The term \u201cbiomass\u201d means any organic matter which is available on a renewable basis, including agricultural crops and agricultural wastes and residues, wood and wood wastes and residues, animal wastes, municipal wastes, and aquatic plants.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s8802/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" For purposes of subchapter I, such term does not include municipal wastes; and for purposes of subchapter III, such term does not include aquatic plants and municipal wastes.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8802/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" The term \u201cbiomass fuel\u201d means any gaseous, liquid, or solid fuel produced by conversion of biomass.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8802/4","children":[{"t":"num","text":"(4)"},{"t":"chapeau","text":" The term \u201cbiomass energy\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t42/s8802/4/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" biomass fuel; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s8802/4/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" energy or steam derived from the direct combustion of biomass for the generation of electricity, mechanical power, or industrial process heat.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8802/5","children":[{"t":"num","text":"(5)"},{"t":"chapeau","text":" The term \u201cbiomass energy project\u201d means any facility (or portion of a facility) located in the United States which is primarily for\u2014"},{"t":"subpara","id":"/us/usc/t42/s8802/5/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the production of biomass fuel (and byproducts); or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s8802/5/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the combustion of biomass for the purpose of generating industrial process heat, mechanical power, or electricity (including cogeneration).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8802/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" The term \u201cBtu\u201d means British thermal unit.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8802/7","children":[{"t":"num","text":"(7)"},{"t":"chapeau","text":" The term \u201ccogeneration\u201d means the combined generation by any facility of\u2014"},{"t":"subpara","id":"/us/usc/t42/s8802/7/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" electrical or mechanical power, and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s8802/7/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" steam or forms of useful energy (such as heat) which are used for industrial, commercial, heating, or cooling purposes.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8802/8","children":[{"t":"num","text":"(8)"},{"t":"content","text":" The term \u201ccooperative\u201d means any agricultural association, as that term is defined in ","children":[{"t":"ref","text":"section 1141j(a) of title 12","href":"/us/usc/t12/s1141j/a","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8802/9","children":[{"t":"num","text":"(9)"},{"t":"subpara","id":"/us/usc/t42/s8802/9/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" The term \u201cconstruction\u201d means\u2014"},{"t":"clause","id":"/us/usc/t42/s8802/9/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the construction or acquisition of any biomass energy project;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s8802/9/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the conversion of any facility to a biomass energy project; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s8802/9/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" the expansion or improvement of any biomass energy project which increases the capacity or efficiency of that facility to produce biomass energy.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s8802/9/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" Such term includes\u2014"},{"t":"clause","id":"/us/usc/t42/s8802/9/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the acquisition of equipment and machinery for use in or at the site of a biomass energy project; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s8802/9/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the acquisition of land and improvements thereon for the construction, expansion, or improvement of such a project, or the conversion of a facility to such a proj\u00adect.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s8802/9/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" Such term does not include the acquisition of any facility which was operated as a biomass energy project before the acquisition.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8802/10","children":[{"t":"num","text":"(10)"},{"t":"content","text":" The term \u201cFederal agency\u201d means any Executive agency, as defined in ","children":[{"t":"ref","text":"section 105 of title 5","href":"/us/usc/t5/s105","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8802/11","children":[{"t":"num","text":"(11)"},{"t":"subpara","id":"/us/usc/t42/s8802/11/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" The term \u201cfinancial assistance\u201d means any of the following forms of financial assistance provided under this chapter, or any combination of such forms:"},{"t":"clause","id":"/us/usc/t42/s8802/11/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" loans,","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s8802/11/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" loan guarantees,","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s8802/11/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" price guarantees, and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s8802/11/A/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" purchase agreements.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s8802/11/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" Such term includes any commitment to provide such assistance.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8802/12","children":[{"t":"num","text":"(12)"},{"t":"content","text":" The term \u201cIndian tribe\u201d means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act [","children":[{"t":"ref","text":"43 U.S.C. 1601","href":"/us/usc/t43/s1601","tail":" et seq.] which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8802/13","children":[{"t":"num","text":"(13)"},{"t":"content","text":" The term \u201cmotor fuel\u201d means gasoline, kerosene, and middle distillates (including diesel fuel).","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8802/14","children":[{"t":"num","text":"(14)"},{"t":"subpara","id":"/us/usc/t42/s8802/14/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" The term \u201cmunicipal waste\u201d means any organic matter, including sewage, sewage sludge, and industrial or commercial waste, and mixtures of such matter and inorganic refuse\u2014"},{"t":"clause","id":"/us/usc/t42/s8802/14/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" from any publicly or privately operated municipal waste collection or similar disposal system, or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s8802/14/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" from similar waste flows (other than such flows which constitute agricultural wastes or residues, or wood wastes or residues from wood harvesting activities or production of forest products).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s8802/14/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" Such term does not include any hazardous waste, as determined by the Secretary of Energy for purposes of this chapter.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8802/15","children":[{"t":"num","text":"(15)"},{"t":"subpara","id":"/us/usc/t42/s8802/15/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" The term \u201cmunicipal waste energy project\u201d means any facility (or portion of a facility) located in the United States primarily for\u2014"},{"t":"clause","id":"/us/usc/t42/s8802/15/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the production of biomass fuel (and byproducts) from municipal waste; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s8802/15/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the combustion of municipal waste for the purpose of generating steam or forms of useful energy, including industrial process heat, mechanical power, or electricity (including cogeneration).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s8802/15/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" Such term includes any necessary transportation, preparation, and disposal equipment and machinery for use in or at the site of the facility involved.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8802/16","children":[{"t":"num","text":"(16)"},{"t":"content","text":" The term \u201cOffice of Alcohol Fuels\u201d means the Office of Alcohol Fuels established under ","children":[{"t":"ref","text":"section 8820 of this title","href":"/us/usc/t42/s8820","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8802/17","children":[{"t":"num","text":"(17)"},{"t":"content","text":" The term \u201cperson\u201d means any individual, company, cooperative, partnership, corporation, association, consortium, unincorporated organization, trust, estate, or any entity organized for a common business purpose, any State or local government (including any special purpose district or similar governmental unit) or any agency or instrumentality thereof, or any Indian tribe or tribal organization.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8802/18","children":[{"t":"num","text":"(18)"},{"t":"content","text":" The term \u201cState\u201d means any of the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8802/19","children":[{"t":"num","text":"(19)"},{"t":"content","text":" The term \u201csmall scale biomass energy project\u201d means a biomass energy project with an anticipated annual production capacity of not more than 1,000,000 gallons of ethanol per year, or its energy equivalent of other forms of biomass energy.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}