42 USC 8832 – Construction loans
(a) Authority of Secretary of Energy
Subject to sections 8835 and 8836 of this title, the Secretary of Energy may commit to make, and make, loans for the construction of municipal waste energy projects.
(b) Estimated project construction costs as determinative of initial and revised amount of loan; interest rate
Terms Used In 42 USC 8832
- construction: means &mdash. See 42 USC 8802
- municipal waste: means any organic matter, including sewage, sewage sludge, and industrial or commercial waste, and mixtures of such matter and inorganic refuse&mdash. See 42 USC 8802
- municipal waste energy project: means any facility (or portion of a facility) located in the United States primarily for&mdash. See 42 USC 8802
- person: 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. See 42 USC 8802
(1) Any loan under this section—
(A) may not exceed 80 per centum of the total estimated cost of the construction of the municipal waste energy project involved, and
(B) shall bear interest at a rate determined by the Secretary of Energy (taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans) plus not to exceed one per centum, as determined by the Secretary of Energy, and adjusted to the nearest one-eighth of one per centum.
(2) In the event the total estimated costs of construction of the project thereafter exceed the total estimated costs initially determined by the Secretary of Energy, the Secretary may in addition, upon application therefor, make a loan for so much of the additional estimated costs as does not exceed 10 per centum of the initial total estimated costs of construction.
(c) Preconditions
A loan may not be made under this section unless the person applying for such loan has established to the satisfaction of the Secretary of Energy that the applicant is unable without such a loan to obtain sufficient credit elsewhere at reasonable rates and terms, taking into consideration prevailing market rates and terms for loans for similar periods of time, to finance the construction of the project for which such loan is sought.