**(a) Definitions** In this section:
(1) **Additional services** — The term “additional services” means the provision of supplementary power, backup or standby power, maintenance power, or interruptible power to an electric consumer by an electric utility.
(2) **Waste heat to power system** — The term “waste heat to power system” means a system that generates electricity through the recovery of waste energy.
(3) **Other terms**
(A) *Purpa* — The terms “electric consumer”, “electric utility”, “interconnection service”, “nonregulated electric utility”, and “State regulatory authority” have the meanings given those terms in the Public Utility Regulatory Policies Act of 1978 ([16 U.S.C. 2601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2601&num=0&edition=prelim) et seq.), within the meaning of title I of that Act ([16 U.S.C. 2611](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2611&num=0&edition=prelim) et seq.).
(B) *EPCA* — The terms “combined heat and power system” and “waste energy” have the meanings given those terms in [section 6341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6341&num=0&edition=prelim).
**(b) Review**
(1) **In general** — Not later than 180 days after November 15, 2021, the Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate entities, shall review existing rules and procedures relating to interconnection service and additional services throughout the United States for electric generation with nameplate capacity up to 150 megawatts connecting at either distribution or transmission voltage levels to identify barriers to the deployment of combined heat and power systems and waste heat to power s
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Source location: Title 42, Chapter 162, § 18851; chapter-162-energy-infrastructure.md
Stored source content
**(a) Definitions** In this section:
(1) **Additional services** — The term “additional services” means the provision of supplementary power, backup or standby power, maintenance power, or interruptible power to an electric consumer by an electric utility.
(2) **Waste heat to power system** — The term “waste heat to power system” means a system that generates electricity through the recovery of waste energy.
(3) **Other terms**
(A) *Purpa* — The terms “electric consumer”, “electric utility”, “interconnection service”, “nonregulated electric utility”, and “State regulatory authority” have the meanings given those terms in the Public Utility Regulatory Policies Act of 1978 ([16 U.S.C. 2601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2601&num=0&edition=prelim) et seq.), within the meaning of title I of that Act ([16 U.S.C. 2611](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2611&num=0&edition=prelim) et seq.).
(B) *EPCA* — The terms “combined heat and power system” and “waste energy” have the meanings given those terms in [section 6341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6341&num=0&edition=prelim).
**(b) Review**
(1) **In general** — Not later than 180 days after November 15, 2021, the Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate entities, shall review existing rules and procedures relating to interconnection service and additional services throughout the United States for electric generation with nameplate capacity up to 150 megawatts connecting at either distribution or transmission voltage levels to identify barriers to the deployment of combined heat and power systems and waste heat to power systems.
(2) **Inclusion** — The review under this subsection shall include a review of existing rules and procedures relating to—
(A) determining and assigning costs of interconnection service and additional services; and
(B) ensuring adequate cost recovery by an electric utility for interconnection service and additional services.
**(c) Model guidance**
(1) **In general** — Not later than 18 months after November 15, 2021, the Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate entities, shall issue model guidance for interconnection service and additional services for consideration by State regulatory authorities and nonregulated electric utilities to reduce the barriers identified under subsection (b)(1).
(2) **Current best practices** — The model guidance issued under this subsection shall reflect, to the maximum extent practicable, current best practices to encourage the deployment of combined heat and power systems and waste heat to power systems while ensuring the safety and reliability of the interconnected units and the distribution and transmission networks to which the units connect, including—
(A) relevant current standards developed by the Institute of Electrical and Electronic Engineers; and
(B) model codes and rules adopted by—
(i) States; or
(ii) associations of State regulatory agencies.
(3) **Factors for consideration** — In establishing the model guidance under this subsection, the Secretary shall take into consideration—
(A) the appropriateness of using standards or procedures for interconnection service that vary based on unit size, fuel type, or other relevant characteristics;
(B) the appropriateness of establishing fast-track procedures for interconnection service;
(C) the value of consistency with Federal interconnection rules established by the Federal Energy Regulatory Commission as of November 15, 2021;
(D) the best practices used to model outage assumptions and contingencies to determine fees or rates for additional services;
(E) the appropriate duration, magnitude, or usage of demand charge ratchets;
(F) potential alternative arrangements with respect to the procurement of additional services, including—
(i) contracts tailored to individual electric consumers for additional services;
(ii) procurement of additional services by an electric utility from a competitive market; and
(iii) waivers of fees or rates for additional services for small electric consumers; and
(G) outcomes such as increased electric reliability, fuel diversification, enhanced power quality, and reduced electric losses that may result from increased use of combined heat and power systems and waste heat to power systems.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Information required to be gathered** Each electric utility shall periodically gather information under such rules (promulgated by the Commission) as the Commission determines necessary to allow determination of the costs associated with providing electric service. For purposes of this section, and for purposes of any consideration and determination respecting the standard established by [section 2621(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2621/d/2&num=0&edition=prelim), such costs shall be separated, to the maximum extent practicable, into the following components: customer cost component, demand cost component, and energy cost component. Rules under this subsection shall include requirements for the gathering of the following information with respect to each electric utility—
(1) the costs of serving each electric consumer class, including costs of serving different consumption patterns within such class, based on voltage level, time of use, and other appropriate factors;
(2) daily kilowatt demand load curves for all electric consumer classes combined representative of daily and seasonal differences in demand, and daily kilowatt demand load curves for each electric consumer class for which there is a separate rate, representative of daily and seasonal differences in demand;
(3) annual capital, operating, and maintenance costs—
(A) for transmission and distribution services, and
(B) for each type of generating unit; and
(4) costs of purchased power, including representative daily and seasonal differences in the amount of such costs.
Such rules shall provide that information required to be gathered under this section shall be presented in such categories and such detail as may be necessary to carr
Stored review status: release_metadata_unconfirmed. The source passage cites 16 U.S.C. § 2601. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2601. Findings
The Congress finds that the protection of the
public health, safety, and welfare, the preserva-
tion of national security, and the proper exer-
cise of congressional authority under the Con-
stitution to regulate interstate commerce re-
quire—
(1) a program providing for increased con-
servation of electric energy, increased effi-
ciency in the use of facilities and resources by
electric utilities, and equitable retail rates for
electric consumers,
(2) a program to improve the wholesale dis-
tribution of electric energy, the reliability of
electric service, the procedures concerning
consideration of wholesale rate applications
before the Federal Energy Regulatory Com-
mission, the participation of the public in
matters before the Commission, and to provide
other measures with respect to the regulation
of the wholesale sale of electric energy,
(3) a program to provide for the expeditious
development of hydroelectric potential at ex-
isting small dams to provide needed hydro-
electric power,
(4) a program for the conservation of natural
gas while insuring that rates to natural gas
consumers are equitable,
(5) a program to encourage the development
of crude oil transportation systems, and
(6) the establishment of certain other au-
thorities as provided in title VI of this Act.
(Pub. L. 95–617, § 2, Nov. 9, 1978, 92 Stat. 3119.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in par. (6), is Pub. L. 95–617, Nov.
9, 1978, 92 Stat. 3117, known as the Public Utility Regu-
latory Policies Act of 1978. Title VI of this Act enacted
sections 824a–4 and 2645 of this title, section 918c of
Title 7, Agriculture, and sections 717x to 717z of Title
15, Commerce and Trade, amended section 717f of Title
15 and sections 1311, 1312, and
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 2601. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
The Congress finds that the protection of the public health, safety, and welfare, the preservation of national security, and the proper exercise of congressional authority under the Constitution to regulate interstate commerce require—
(1) a program providing for increased conservation of electric energy, increased efficiency in the use of facilities and resources by electric utilities, and equitable retail rates for electric consumers,
(2) a program to improve the wholesale distribution of electric energy, the reliability of electric service, the procedures concerning consideration of wholesale rate applications before the Federal Energy Regulatory Commission, the participation of the public in matters before the Commission, and to provide other measures with respect to the regulation of the wholesale sale of electric energy,
(3) a program to provide for the expeditious development of hydroelectric potential at existing small dams to provide needed hydroelectric power,
(4) a program for the conservation of natural gas while insuring that rates to natural gas consumers are equitable,
(5) a program to encourage the development of crude oil transportation systems, and
(6) the establishment of certain other authorities as provided in title VI of this Act.
Stored review status: release_metadata_unconfirmed. The source passage cites 16 U.S.C. § 2611. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2611. Purposes
The purposes of this chapter are to encour-
age—
(1) conservation of energy supplied by elec-
tric utilities;
(2) the optimization of the efficiency of use
of facilities and resources by electric utilities;
and
(3) equitable rates to electric consumers.
(Pub. L. 95–617, title I, § 101, Nov. 9, 1978, 92 Stat.
3120.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this title’’, meaning title I (§ 101 et seq.) of Pub. L.
95–617, Nov. 9, 1978, 92 Stat. 3120, which enacted sub-
chapters I to IV of this chapter and section 6808 of Title
42, The Public Health and Welfare, and amended sec-
tions 6802 to 6807 of Title 42. For complete classification
of title I to the Code, see Tables.
§ 2612. Coverage
(a) Volume of total retail sales
This chapter applies to each electric utility in
any calendar year, and to each proceeding relat-
ing to each electric utility in such year, if the
total sales of electric energy by such utility for
purposes other than resale exceeded 500 million
kilowatt-hours during any calendar year begin-
ning after December 31, 1975, and before the im-
mediately preceding calendar year.
(b) Exclusion of wholesale sales
The requirements of this chapter do not apply
to the operations of an electric utility, or to
proceedings respecting such operations, to the
extent that such operations or proceedings re-
late to sales of electric energy for purposes of
resale.
(c) List of covered utilities
Before the beginning of each calendar year,
the Secretary shall publish a list identifying
each electric utility to which this chapter ap-
plies during such calendar year. Promptly after
publication of such list each State regulatory
authority shall notify the Secretary of each
elect
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 2611. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 18851. Wage rate requirements
(a) Davis-Bacon
All laborers and mechanics employed by con-
tractors or subcontractors in the performance of
construction, alteration, or repair work on a
project assisted in whole or in part by funding
made available under this division or an amend-
ment made by this division shall be paid wages
at rates not less than those prevailing on simi-
lar projects in the locality, as determined by the
Secretary of Labor in accordance with sub-
chapter IV of chapter 31 of title 40 (commonly
referred to as the ‘‘Davis-Bacon Act’’).
(b) Authority
With respect to the labor standards specified
in subsection (a), the Secretary of Labor shall
have the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (64
Stat. 1267; 5 U.S.C. App.) and section 3145 of title
40.
(Pub. L. 117–58, div. D, title XI, § 41101, Nov. 15,
2021, 135 Stat. 1130.)
Editorial Notes
REFERENCES IN TEXT
This division, referred to in subsec. (a), is div. D of
Pub. L. 117–58, Nov. 15, 2021, 135 Stat. 923, which enacted
this chapter and enacted and amended numerous other
sections and notes in the Code. For complete classifica-
tion of div. D to the Code, see Tables.
Page 9251
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 18861
1 See References in Text note below.
The Davis-Bacon Act, referred to in subsec. (a), is act
Mar. 3, 1931, ch. 411, 46 Stat. 1494, which was classified
generally to sections 276a to 276a–5 of former Title 40,
Public Buildings, Property, and Works, and was re-
pealed and reenacted as sections 3141–3144, 3146, and 3147
of Title 40, Public Buildings, Property, and Works, by
Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
1304. For complete classification of this Act to the
Code, see Tables.
Reorganizati