Final rule · 2026-10064

Renewable Energy Production Incentives

In 1992, Congress directed to be established a program to encourage production of electric energy from facilities owned by a State, a political subdivision of a State, or a non-profit electric cooperative using certain renewable energy resources. In response, the U.S. Department of Energy (DOE or the Department) implemented the Renewable Energy Production Incentive (REPI) program following the statute's requirements through a final rule in 1995. Incentive payments to eligible recipients were subject to the availability of appropriated funds; funds were last appropriated for this program in Fiscal Year 2009. This final rule is necessary to align the regulations with the underlying statute, which includes a payment sunset date at the end of Fiscal Year 2026. Specifically, the statute provides that no payment (incentive) may be made after September 30, 2026.