42 U.S.C. § 13389 | Greenhouse gas intensity reducing strategies

(a)

Definitions

In this section:

(1)

Advisory Committee

The term “Advisory Committee” means the Climate Change Technology Advisory Committee established under subsection (f)(1).

(2)

Carbon sequestration

The term “carbon sequestration” means the capture of carbon dioxide through terrestrial, geological, biological, or other means, which prevents the release of carbon dioxide into the atmosphere.

(3)

Committee

The term “Committee” means the Committee on Climate Change Technology established under subsection (b)(1).

(4)

Developing country

section 13387(m) of this titleThe term “developing country” has the meaning given the term in .

(5)

Greenhouse gas

The term “greenhouse gas” means—

(A)

carbon dioxide;

(B)

methane;

(C)

nitrous oxide;

(D)

hydrofluorocarbons;

(E)

perfluorocarbons; and

(F)

sulfur hexafluoride.

(6)

Greenhouse gas intensity

The term “greenhouse gas intensity” means the ratio of greenhouse gas emissions to economic output.

(7)

National Laboratory

1 See References in Text note below.

The term “National Laboratory” has the meaning given the term in section 15801(3)  of this title.

(b)

Committee on Climate Change Technology

(1)

In general

August 8, 2005Not later than 180 days after , the President shall establish a Committee on Climate Change Technology to—

(A)

integrate current Federal climate reports; and

(B)

coordinate Federal climate change technology activities and programs carried out in furtherance of the strategy developed under subsection (c)(1).

(2)

Membership

The Committee shall be composed of at least 7 members, including—

(A)

the Secretary, who shall chair the Committee;

(B)

the Secretary of Commerce;

(C)

the Chairman of the Council on Environmental Quality;

(D)

the Secretary of Agriculture;

(E)

the Administrator of the Environmental Protection Agency;

(F)

the Secretary of Transportation;

(G)

the Director of the Office of Science and Technology Policy; and

(H)

other representatives as may be determined by the President.

(3)

Staff

The members of the Committee shall provide such personnel as are necessary to enable the Committee to perform its duties.

(c)

National climate change technology policy

(1)

In general

August 8, 2005Not later than 18 months after , the Committee shall, based on applicable Federal climate reports, submit to the Secretary and the President a national strategy to promote the deployment and commercialization of greenhouse gas intensity reducing technologies and practices developed through research and development programs conducted by the National Laboratories, other Federal research facilities, institutions of higher education, and the private sector.

(2)

Updates

The Committee shall—

(A)

at the time of submission of the strategy to the President under paragraph (1), also make the strategy available to the public; and

(B)

update the strategy every 5 years, or more frequently as the Committee determines to be necessary.

(d)

Climate Change Technology Program

Not later than 180 days after the date on which the Committee is established under subsection (b)(1), the Secretary, in consultation with the Committee, shall establish within the Department of Energy the Climate Change Technology Program to—

(1)

assist the Committee in the interagency coordination of climate change technology research, development, demonstration, and deployment to reduce greenhouse gas intensity; and

(2)

carry out the programs authorized under this section.

(e)

Technology inventory

(1)

In general

The Secretary shall conduct and make public an inventory and evaluation of greenhouse gas intensity reducing technologies that have been developed, or are under development, by the National Laboratories, other Federal research facilities, institutions of higher education, and the private sector to determine which technologies are suitable for commercialization and deployment.

(2)

Report

Not later than 180 days after the completion of the inventory under paragraph (1), the Secretary shall submit to Congress a report that includes the results of the completed inventory and any recommendations of the Secretary.

(3)

Use

The Secretary shall use the results of the inventory as guidance in the commercialization and deployment of greenhouse gas intensity reducing technologies.

(4)

Updated inventory

The Secretary shall—

(A)

periodically update the inventory under paragraph (1), including when determined necessary by the Committee; and

(B)

make the updated inventory available to the public.

(f)

Climate Change Technology Advisory Committee

(1)

In general

section 7234 of this titleThe Secretary, in consultation with the Committee, may establish under a Climate Change Technology Advisory Committee to identify statutory, regulatory, economic, and other barriers to the commercialization and deployment of greenhouse gas intensity reducing technologies and practices in the United States.

(2)

Composition

The Advisory Committee shall be composed of the following members, to be appointed by the Secretary, in consultation with the Committee:

(A)

1 representative shall be appointed from each National Laboratory.

(B)

3 members shall be representatives of energy-producing trade organizations.

(C)

3 members shall represent energy-intensive trade organizations.

(D)

3 members shall represent groups that represent end-use energy and other consumers.

(E)

3 members shall be employees of the Federal Government who are experts in energy technology, intellectual property, and tax.

(F)

3 members shall be representatives of institutions of higher education with expertise in energy technology development that are recommended by the National Academy of Engineering.

(3)

Report

August 8, 2005Not later than 1 year after , and annually thereafter, the Advisory Committee shall submit to the Committee a report that describes—

(A)

the findings of the Advisory Committee; and

(B)

any recommendations of the Advisory Committee for the removal or reduction of barriers to commercialization, deployment, and increasing the use of greenhouse gas intensity reducing technologies and practices.

(g)

Greenhouse gas intensity reducing technology deployment

(1)

In general

Based on the strategy developed under subsection (c)(1), the technology inventory conducted under subsection (e)(1), the greenhouse gas intensity reducing technology study report submitted under subsection (e)(2), and reports under subsection (f)(3), if any, the Committee shall develop recommendations that would provide for the removal of domestic barriers to the commercialization and deployment of greenhouse gas intensity reducing technologies and practices.

(2)

Requirements

In developing the recommendations under paragraph (1), the Committee shall consider in the aggregate—

(A)

the cost-effectiveness of the technology;

(B)

fiscal and regulatory barriers;

(C)

statutory and other barriers; and

(D)

intellectual property issues.

(3)

Demonstration projects

In developing recommendations under paragraph (1), the Committee may identify the need for climate change technology demonstration projects.

(4)

Report

August 8, 2005Not later than 18 months after , the Committee shall submit to the President and Congress a report that—

(A)

identifies, based on the report submitted under subsection (f)(3), any barriers to, and commercial risks associated with, the deployment of greenhouse gas intensity reducing technologies; and

(B)

includes a plan for carrying out demonstration projects.

(5)

Updates

The Committee shall—

(A)

at the time of submission of the report to Congress under paragraph (4), also make the report available to the public; and

(B)

update the report every 5 years, or more frequently as the Committee determines to be necessary.

(h)

Procedures for calculating, monitoring, and analyzing greenhouse gas intensity

The Secretary, in collaboration with the Committee and the National Institute of Standards and Technology, and after public notice and opportunity for comment, shall develop standards and best practices for calculating, monitoring, and analyzing greenhouse gas intensity.

(i)

Demonstration projects

(1)

In general

The Secretary shall, subject to the availability of appropriations, support demonstration projects that—

(A)

August 8, 2005 increase the reduction of the greenhouse gas intensity to levels below that which would be achieved by technologies being used in the United States as of ;

(B)

maximize the potential return on Federal investment;

(C)

demonstrate distinct roles in public-private partnerships;

(D)

produce a large-scale reduction of greenhouse gas intensity if commercialization occurred; and

(E)

support a diversified portfolio to mitigate the uncertainty associated with a single technology.

(2)

Cost sharing

section 16352 of this titleIn supporting a demonstration project under this subsection, the Secretary shall require cost-sharing in accordance with .

(3)

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this subsection.

(j)

Cooperative research and development agreements

2 So in original. See References in Text note below.

section 3710a of title 15In carrying out greenhouse gas intensity reduction research and technology deployment activities under this subtitle, the Secretary may enter into cooperative research and development agreements under .

Pub. L. 102–486, title XVI, § 1610 Pub. L. 109–58, title XVI, § 1601Aug. 8, 2005119 Stat. 1109(, as added , , .)

Editorial Notes

References in Text

Section 15801(3) of this title, referred to in subsec. (a)(7), was in the original “section 3(3) of the Energy Policy Act of 2005” and was translated as meaning section 2(3) of that Act to reflect the probable intent of Congress, because the Energy Policy Act of 2005 does not contain a section 3 and section 2(3) defines “National Laboratory”.

Pub. L. 102–486This subtitle, referred to in subsec. (j), appearing in the original, is unidentifiable because title XVI of , of which this section is a part, does not contain subtitles.