123STA T . 2 68 1 PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9‘ ‘ (E)Ocean,i nc lud in gt idal, w a v e, cu r rent, and t h er m al . ‘‘( F ) G e o thermal, including electricit y and heat p ump s . ‘‘(G) M unicipal solid waste. ‘‘( H ) N ew hydroelectric generation capacity achieved f rom increased efficiency or additions of new capacity at an e x isting hydroelectric pro j ect. For purposes of this su b paragraph, hydro - electric generation capacity is ‘new ’ if it was placed in service on or after J anuary 1 ,1 9 99. ‘‘( I ) T hermal energy generated by any of the preceding sources.’’. (c) CLERICA L AM E ND MEN T . — The heading of such subsection is amended by stri k ing ‘‘ELECTRICIT Y NEED S ’’ and inserting ‘‘FACILITY ENER G Y NEEDS’’. SEC.2843 . D E PARTM E N T OF DEFENSE PART I CIPATION IN PRO G RAMS FOR MANAGEMENT OF ENERG Y DEMAND OR RED U CTION OF ENERGY USAGE DURING PEA K PERIODS. (a) IN GENERAL.— S ubchapter I of chapter 1 73 of title 1 0 , U nited States Code, is amended by adding at the end the following new section
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‘ §291 9 .Departm e n t of Defen s e part ic ipation in pro g rams for management of energ yd emand or red u ction of energy usage during pea k periods ‘‘(a) P ARTICI P ATI O NIN D EMAND R ESPONSE OR L OAD MANAGE- MENT PROGRAMS.—The Secretary of Defense, the Secretaries of the military departments, the heads of the Defense Agencies, and the heads of other instrumentalities of the Department of Defense are authori z ed to participate in demand response programs for the management of energy demand or the reduction of energy usage during peak periods conducted by any of the following parties: ‘‘(1) An electric utility. ‘‘( 2 ) An independent system operator. ‘‘(3) A State agency. ‘‘( 4 ) A third party entity (such as a demand response aggregator or curtailment service provider) implementing demand response programs on behalf of an electric utility, independent system operator, or State agency. ‘‘(b) TREATMENT O F CERTAIN FINANCIAL INCENTI V ES.—Financial incentives received from an entity specified in subsection (a) shall be— ‘‘(1) received as a cost reduction in the utility bill for a facility
or ‘‘(2) deposited into the fund established under subsection (c) for use, to the extent provided for in an appropriations Act, by the military department, Defense Agency, or instrumen- tality receiving such financial incentive for energy management initiatives. ‘‘(c) ENERGY SAVINGS FINANCIAL INCENTIVES F U ND.—There is established in the Treasury a fund to be known as the ‘Energy Savings Financial Incentives Fund’. The Fund shall consist of any amount deposited in the Fund pursuant to subsection (b)(2) and amounts appropriated or otherwise made available to the Fund by law.’’.
