Sec. 8. Power purchase agreement program
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In this section: The term cost-effective means, with respect to a power purchase agreement entered into by the head of an Executive agency for a Federal facility that is owned or controlled by the Executive agency, that the 30-year average cost for the purchase of electricity under the power purchase agreement from 1 or more renewable energy generating systems is not greater than an amount equal to 110 percent of the cost of an equal quantity of electricity from the current electricity supplier of the Federal facility, taking into consideration each— applicable cost, including any cost resulting from— a demand charge; an applicable rider; a fuel adjustment charge; or any other surcharge; and reasonably anticipated increase in the cost of the electricity resulting from— inflation; increased regulatory requirements; decreased availability of fossil fuels; and any other factor that may increase the cost of electricity.
The term Executive agency has the meaning given the term in section 133 of title 41, United States Code. The term Federal facility has the meaning given the term facility in section 543(f)(1)(C) of the National Energy Conservation Policy Act ( 42 U.S.C. 8253(f)(1)(C) ). The term Government corporation has the meaning given the term in section 103 of title 5, United States Code. The term renewable energy source has the meaning given the term in section 551 of the National Energy Conservation Policy Act ( 42 U.S.C. 8259 ).
In accordance with paragraphs
(2)and (3), the head of each Executive agency or a designee may establish 1 or more projects under which the head of the Executive agency may offer to enter into power purchase agreements during the 10-year period beginning on the date of enactment of this Act for the purchase of electricity from 1 or more Federal facilities that are owned or controlled by the Executive agency from renewable energy sources located at the Federal facility. A head of an Executive agency described in paragraph
(1)may offer to enter into a power purchase agreement described in that paragraph only if the power purchase agreement is cost-effective. Notwithstanding any other provision of law (including regulations), the term of a power purchase agreement described in paragraph
(1)may not be longer than a period of 30 years. Each head of an Executive agency (including the Administrator of General Services) who enters into a power purchase agreement under paragraph
(1)for the purchase of electricity at a Federal facility that is owned or controlled by the Executive agency for distribution to 1 or more other Executive agencies shall allocate, on an annual basis for the period covered by the power purchase agreement, the incremental cost or incremental savings of the power purchase agreement for the purchase of electricity at a Federal facility from renewable energy sources (as compared to the cost of electricity from the electricity supplier of the Federal facility) among each user of the Federal facility based on the proportion that— the electricity usage of the user of the Federal facility; bears to the aggregate electricity usage of all users of the Federal facility. An Executive agency may enter into an interagency agreement as part of a power purchase agreement that involves more than 1 Federal facility. An Executive agency that enters into a power purchase agreement may not use the negotiated rate as a basis for determining the business case or economic feasibility of future energy efficiency or renewable energy projects. The Secretary of Energy shall promulgate such regulations as are necessary to carry out this section. There are authorized to be appropriated to carry out this section such sums as are necessary for each of fiscal years 2014 through 2017, to remain available until expended.
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