Part A—Energy Efficiency
§16191. Energy efficiency
(a) In general
(1) Objectives
The Secretary shall conduct programs of energy efficiency research, development, demonstration, and commercial application, including activities described in this part. Such programs shall take into consideration the following objectives:
(A) Increasing the energy efficiency of vehicles, buildings, and industrial processes.
(B) Reducing the demand of the United States for energy, especially energy from foreign sources.
(C) Reducing the cost of energy and making the economy more efficient and competitive.
(D) Improving the energy security of the United States.
(E) Reducing the environmental impact of energy-related activities.
(2) Programs
Programs under this part shall include research, development, demonstration, and commercial application of—
(A) advanced, cost-effective technologies to improve the energy efficiency and environmental performance of vehicles, including—
(i) hybrid and electric propulsion systems;
(ii) plug-in hybrid systems;
(iii) advanced combustion engines;
(iv) weight and drag reduction technologies;
(v) whole-vehicle design optimization; and
(vi) advanced drive trains;
(B) cost-effective technologies, for new construction and retrofit, to improve the energy efficiency and environmental performance of buildings, using a whole-buildings approach, including onsite renewable energy generation;
(C) advanced technologies to improve the energy efficiency, environmental performance, and process efficiency of energy-intensive and waste-intensive industries;
(D) advanced control devices to improve the energy efficiency of electric motors, including those used in industrial processes, heating, ventilation, and cooling; and
(E) technologies to improve the energy efficiency of appliances and mechanical systems for buildings in cold climates, including combined heat and power units and increased use of renewable resources, including fuel.
(b) Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out energy efficiency and conservation research, development, demonstration, and commercial application activities, including activities authorized under this part—
(1) $783,000,000 for fiscal year 2007;
(2) $865,000,000 for fiscal year 2008; and
(3) $952,000,000 for fiscal year 2009.
(c) Allocations
From amounts authorized under subsection (b), the following sums are authorized:
(1) For activities under
(2) For activities under
(3) For activities under subsection (a)(2)(A)—
(A) $200,000,000 for fiscal year 2007;
(B) $270,000,000 for fiscal year 2008; and
(C) $310,000,000 for fiscal year 2009.
(4) For activities under subsection (a)(2)(D), $2,000,000 for each of fiscal years 2007 and 2008.
(d) Extended authorization
There are authorized to be appropriated to the Secretary to carry out
(e) Limitations
None of the funds authorized to be appropriated under this section may be used for—
(1) the issuance or implementation of energy efficiency regulations;
(2) the weatherization program established under part A of title IV of the Energy Conservation and Production Act (
(3) a State energy conservation plan established under part D of title III of the Energy Policy and Conservation Act (
(4) a Federal energy management measure carried out under part 3 of title V of the National Energy Conservation Policy Act (
(
Editorial Notes
References in Text
The Energy Conservation and Production Act, referred to in subsec. (e)(2), is
The Energy Policy and Conservation Act, referred to in subsec. (e)(3), is
The National Energy Conservation Policy Act, referred to in subsec. (e)(4), is
Amendments
2007—Subsec. (a)(2)(E).
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by
§16192. Next Generation Lighting Initiative
(a) Definitions
In this section:
(1) Advanced solid-state lighting
The term "advanced solid-state lighting" means a semiconducting device package and delivery system that produces white light using externally applied voltage.
(2) Industry Alliance
The term "Industry Alliance" means an entity selected by the Secretary under subsection (d).
(3) Initiative
The term "Initiative" means the Next Generation Lighting Initiative carried out under this section.
(4) Research
The term "research" includes research on the technologies, materials, and manufacturing processes required for white light emitting diodes.
(5) White light emitting diode
The term "white light emitting diode" means a semiconducting package, using either organic or inorganic materials, that produces white light using externally applied voltage.
(b) Initiative
The Secretary shall carry out a Next Generation Lighting Initiative in accordance with this section to support research, development, demonstration, and commercial application activities related to advanced solid-state lighting technologies based on white light emitting diodes.
(c) Objectives
The objectives of the Initiative shall be to develop advanced solid-state organic and inorganic lighting technologies based on white light emitting diodes that, compared to incandescent and fluorescent lighting technologies, are longer lasting, are more energy-efficient and cost-competitive, and have less environmental impact.
(d) Industry Alliance
Not later than 90 days after August 8, 2005, the Secretary shall competitively select an Industry Alliance to represent participants who are private, for-profit firms, open to large and small businesses, that, as a group, are broadly representative of United States solid-state lighting research, development, infrastructure, and manufacturing expertise as a whole.
(e) Research
(1) Grants
The Secretary shall carry out the research activities of the Initiative through competitively awarded grants to—
(A) researchers, including Industry Alliance participants;
(B) small businesses;
(C) National Laboratories; and
(D) institutions of higher education.
(2) Industry alliance
The Secretary shall annually solicit from the Industry Alliance—
(A) comments to identify solid-state lighting technology needs;
(B) an assessment of the progress of the research activities of the Initiative; and
(C) assistance in annually updating solid-state lighting technology roadmaps.
(3) Availability to public
The information and roadmaps under paragraph (2) shall be available to the public.
(f) Development, demonstration, and commercial application
(1) In general
The Secretary shall carry out a development, demonstration, and commercial application program for the Initiative through competitively selected awards.
(2) Preference
In making the awards, the Secretary may give preference to participants in the Industry Alliance.
(g) Cost sharing
In carrying out this section, the Secretary shall require cost sharing in accordance with
(h) Intellectual property
The Secretary may require (in accordance with
(1) that the Industry Alliance participants who are active participants in research, development, and demonstration activities related to the advanced solid-state lighting technologies that are covered by this section shall be granted the first option to negotiate with the invention owner, at least in the field of solid-state lighting, nonexclusive licenses and royalties on terms that are reasonable under the circumstances;
(2)(A) that, for 1 year after a United States patent is issued for the invention, the patent holder shall not negotiate any license or royalty with any entity that is not a participant in the Industry Alliance described in paragraph (1); and
(B) that, during the year described in subparagraph (A), the patent holder shall negotiate nonexclusive licenses and royalties in good faith with any interested participant in the Industry Alliance described in paragraph (1); and
(3) such other terms as the Secretary determines are required to promote accelerated commercialization of inventions made under the Initiative.
(i) National Academy review
The Secretary shall enter into an arrangement with the National Academy of Sciences to conduct periodic reviews of the Initiative.
(
§16193. National Building Performance Initiative
(a) Interagency group
(1) In general
Not later than 90 days after August 8, 2005, the Director of the Office of Science and Technology Policy shall establish an interagency group to develop, in coordination with the advisory committee established under subsection (e), a National Building Performance Initiative (referred to in this section as the "Initiative").
(2) Cochairs
The interagency group shall be co-chaired by appropriate officials of the Department and the Department of Commerce, who shall jointly arrange for the provision of necessary administrative support to the group.
(b) Integration of efforts
The Initiative shall integrate Federal, State, and voluntary private sector efforts to reduce the costs of construction, operation, maintenance, and renovation of commercial, industrial, institutional, and residential buildings.
(c) Plan
(1) In general
Not later than 1 year after August 8, 2005, the interagency group shall submit to Congress a plan for carrying out the appropriate Federal role in the Initiative.
(2) Inclusions
The plan shall include—
(A) research, development, demonstration, and commercial application of energy technology systems and materials for new construction and retrofit relating to the building envelope and building system components;
(B) research, development, demonstration, and commercial application of energy technology and infrastructure enabling the energy efficient, automated operation of buildings and building equipment; and
(C) the collection, analysis, and dissemination of research results and other pertinent information on enhancing building performance to industry, government entities, and the public.
(d) Department of Energy role
Within the Federal portion of the Initiative, the Department shall be the lead agency for all aspects of building performance related to use and conservation of energy.
(e) Advisory committee
The Director of the Office of Science and Technology Policy shall establish an advisory committee to—
(1) analyze and provide recommendations on potential private sector roles and participation in the Initiative; and
(2) review and provide recommendations on the plan described in subsection (c).
(f) Administration
Nothing in this section provides any Federal agency with new authority to regulate building performance.
(
§16194. Building standards
(a) Definition of high performance building
In this section, the term "high performance building" means a building that integrates and optimizes all major high-performance building attributes, including energy efficiency, durability, life-cycle performance, and occupant productivity.
(b) Assessment
Not later than 120 days after August 8, 2005, the Secretary shall enter into an agreement with the National Institute of Building Sciences to—
(1) conduct an assessment (in cooperation with industry, standards development organizations, and other entities, as appropriate) of whether the current voluntary consensus standards and rating systems for high performance buildings are consistent with the current technological state of the art, including relevant results from the research, development and demonstration activities of the Department;
(2) determine if additional research is required, based on the findings of the assessment; and
(3) recommend steps for the Secretary to accelerate the development of voluntary consensus-based standards for high performance buildings that are based on the findings of the assessment.
(c) Grant and technical assistance program
Consistent with subsection (b) and section 12(d) of the National Technology Transfer and Advancement Act of 1995 (
(
Editorial Notes
References in Text
Section 12(d) of the National Technology Transfer and Advancement Act of 1995, referred to in subsec. (c), is section 12(d) of
§16195. Secondary electric vehicle battery use program
(a) Definitions
In this section:
(1) Battery
The term "battery" means an energy storage device that previously has been used to provide motive power in a vehicle powered in whole or in part by electricity.
(2) Associated equipment
The term "associated equipment" means equipment located where the batteries will be used that is necessary to enable the use of the energy stored in the batteries.
(b) Program
(1) In general
The Secretary shall establish and conduct a program of research, development, demonstration, and commercial application of energy technology for the secondary use of batteries, if the Secretary finds that there are sufficient numbers of batteries to support the program.
(2) Administration
The program shall be—
(A) designed to demonstrate the use of batteries in secondary applications, including utility and commercial power storage and power quality;
(B) structured to evaluate the performance, including useful service life and costs, of such batteries in field operations, and the necessary supporting infrastructure, including reuse and disposal of batteries; and
(C) coordinated with ongoing secondary battery use programs at the National Laboratories and in industry.
(c) Solicitation
(1) In general
Not later than 180 days after August 8, 2005, the Secretary shall solicit proposals to demonstrate the secondary use of batteries and associated equipment and supporting infrastructure in geographic locations throughout the United States.
(2) Additional solicitations
The Secretary may make additional solicitations for proposals if the Secretary determines that the solicitations are necessary to carry out this section.
(d) Selection of proposals
(1) In general
Not later than 90 days after the closing date established by the Secretary for receipt of proposals under subsection (c), the Secretary shall select up to five proposals that may receive financial assistance under this section once the Department receives appropriated funds to carry out this section.
(2) Factors
In selecting proposals, the Secretary shall consider—
(A) the diversity of battery type;
(B) geographic and climatic diversity; and
(C) life-cycle environmental effects of the approaches.
(3) Limitation
No one project selected under this section shall receive more than 25 percent of the funds made available to carry out the program under this section.
(4) Non-Federal involvement
In selecting proposals, the Secretary shall consider the extent of involvement of State or local government and other persons in each demonstration project to optimize use of Federal resources.
(5) Other criteria
In selecting proposals, the Secretary may consider such other criteria as the Secretary considers appropriate.
(e) Conditions
In carrying out this section, the Secretary shall require that—
(1) relevant information be provided to—
(A) the Department;
(B) the users of the batteries;
(C) the proposers of a project under this section; and
(D) the battery manufacturers; and
(2) the costs of carrying out projects and activities under this section are shared in accordance with
(
§16196. Energy Efficiency Science Initiative
(a) Establishment
The Secretary shall establish an Energy Efficiency Science Initiative to be managed by the Assistant Secretary in the Department with responsibility for energy conservation under
(b) Report
The Secretary shall submit to Congress, along with the annual budget request of the President submitted to Congress, a report on the activities of the Energy Efficiency Science Initiative, including a description of the process used to award the funds and an explanation of how the research relates to energy efficiency.
(
§16197. Advanced Energy Technology Transfer Centers
(a) Grants
Not later than 18 months after May 8, 2008, the Secretary shall make grants to nonprofit institutions, State and local governments, cooperative extension services, or institutions of higher education (or consortia thereof), to establish a geographically dispersed network of Advanced Energy Technology Transfer Centers, to be located in areas the Secretary determines have the greatest need of the services of such Centers. In making awards under this section, the Secretary shall—
(1) give priority to applicants already operating or partnered with an outreach program capable of transferring knowledge and information about advanced energy efficiency methods and technologies;
(2) ensure that, to the extent practicable, the program enables the transfer of knowledge and information—
(A) about a variety of technologies; and
(B) in a variety of geographic areas;
(3) give preference to applicants that would significantly expand on or fill a gap in existing programs in a geographical region; and
(4) consider the special needs and opportunities for increased energy efficiency for manufactured and site-built housing, including construction, renovation, and retrofit.
(b) Activities
Each Center shall operate a program to encourage demonstration and commercial application of advanced energy methods and technologies through education and outreach to building and industrial professionals, and to other individuals and organizations with an interest in efficient energy use. Funds awarded under this section may be used for the following activities:
(1) Developing and distributing informational materials on technologies that could use energy more efficiently.
(2) Carrying out demonstrations of advanced energy methods and technologies.
(3) Developing and conducting seminars, workshops, long-distance learning sessions, and other activities to aid in the dissemination of knowledge and information on technologies that could use energy more efficiently.
(4) Providing or coordinating onsite energy evaluations, including instruction on the commissioning of building heating and cooling systems, for a wide range of energy end-users.
(5) Examining the energy efficiency needs of energy end-users to develop recommended research projects for the Department.
(6) Hiring experts in energy efficient technologies to carry out activities described in paragraphs (1) through (5).
(c) Application
A person seeking a grant under this section shall submit to the Secretary an application in such form and containing such information as the Secretary may require. The Secretary may award a grant under this section to an entity already in existence if the entity is otherwise eligible under this section. The application shall include, at a minimum—
(1) a description of the applicant's outreach program, and the geographic region it would serve, and of why the program would be capable of transferring knowledge and information about advanced energy technologies that increase efficiency of energy use;
(2) a description of the activities the applicant would carry out, of the technologies that would be transferred, and of any other organizations that will help facilitate a regional approach to carrying out those activities;
(3) a description of how the proposed activities would be appropriate to the specific energy needs of the geographic region to be served;
(4) an estimate of the number and types of energy end-users expected to be reached through such activities; and
(5) a description of how the applicant will assess the success of the program.
(d) Selection criteria
The Secretary shall award grants under this section on the basis of the following criteria, at a minimum:
(1) The ability of the applicant to carry out the proposed activities.
(2) The extent to which the applicant will coordinate the activities of the Center with other entities as appropriate, such as State and local governments, utilities, institutions of higher education, and National Laboratories.
(3) The appropriateness of the applicant's outreach program for carrying out the program described in this section.
(4) The likelihood that proposed activities could be expanded or used as a model for other areas.
(e) Cost-sharing
In carrying out this section, the Secretary shall require cost-sharing in accordance with the requirements of
(f) Duration
(1) Initial grant period
A grant awarded under this section shall be for a period of 5 years.
(2) Initial evaluation
Each grantee under this section shall be evaluated during its third year of operation under procedures established by the Secretary to determine if the grantee is accomplishing the purposes of this section described in subsection (a). The Secretary shall terminate any grant that does not receive a positive evaluation. If an evaluation is positive, the Secretary may extend the grant for 3 additional years beyond the original term of the grant.
(3) Additional extension
If a grantee receives an extension under paragraph (2), the grantee shall be evaluated again during the second year of the extension. The Secretary shall terminate any grant that does not receive a positive evaluation. If an evaluation is positive, the Secretary may extend the grant for a final additional period of 3 additional years beyond the original extension.
(4) Limitation
No grantee may receive more than 11 years of support under this section without reapplying for support and competing against all other applicants seeking a grant at that time.
(g) Prohibition
None of the funds awarded under this section may be used for the construction of facilities.
(h) Definitions
For purposes of this section:
(1) Advanced energy methods and technologies
The term "advanced energy methods and technologies" means all methods and technologies that promote energy efficiency and conservation, including distributed generation technologies, and life-cycle analysis of energy use.
(2) Center
The term "Center" means an Advanced Energy Technology Transfer Center established pursuant to this section.
(3) Distributed generation
The term "distributed generation" means an electric power generation technology, including photovoltaic, small wind, and micro-combined heat and power, that serves electric consumers at or near the site of production.
(4) Cooperative Extension
The term "Cooperative Extension" means the extension services established at the land-grant colleges and universities under the Smith-Lever Act of May 8, 1914 [
(5) Land-grant colleges and universities
The term "land-grant colleges and universities" means—
(A) 1862 Institutions (as defined in
(B) 1890 Institutions (as defined in
(C) 1994 Institutions (as defined in
(i) Authorization of appropriations
In addition to amounts otherwise authorized to be appropriated in
(
Editorial Notes
References in Text
The Smith-Lever Act of May 8, 1914, referred to in subsec. (h)(4), is act May 8, 1914, ch. 79,
Codification
May 8, 2008, referred to in subsec. (a), was in the original "the date of enactment of the National Forests, Parks, Public Land, and Reclamation Projects Authorization Act of 2008" and was translated as meaning the date of enactment of the Consolidated Natural Resources Act of 2008,
Amendments
2008—
§16198. Smart energy and water efficiency pilot program
(a) Definitions
In this section:
(1) Eligible entity
The term "eligible entity" means—
(A) a utility;
(B) a municipality;
(C) a water district;
(D) an Indian Tribe or Alaska Native village; and
(E) any other authority that provides water, wastewater, or water reuse services.
(2) Smart energy and water efficiency pilot program
The term "smart energy and water efficiency pilot program" or "pilot program" means the pilot program established under subsection (b).
(b) Smart energy and water efficiency pilot program
(1) In general
The Secretary shall establish and carry out a smart energy and water efficiency pilot program in accordance with this section.
(2) Purpose
The purpose of the smart energy and water efficiency pilot program is to award grants to eligible entities to demonstrate unique, advanced, or innovative technology-based solutions that will—
(A) improve the net energy balance of water, wastewater, and water reuse systems;
(B) improve the net energy balance of water, wastewater, and water reuse systems to help communities across the United States make measurable progress in conserving water, saving energy, and reducing costs;
(C) support the implementation of innovative and unique processes and the installation of established advanced automated systems that provide real-time data on energy and water; and
(D) improve energy-water conservation and quality and predictive maintenance through technologies that utilize internet connected technologies, including sensors, intelligent gateways, and security embedded in hardware.
(3) Project selection
(A) In general
The Secretary shall make competitive, merit-reviewed grants under the pilot program to not less than 3, but not more than 5, eligible entities.
(B) Selection criteria
In selecting an eligible entity to receive a grant under the pilot program, the Secretary shall consider—
(i) energy and cost savings;
(ii) the uniqueness, commercial viability, and reliability of the technology to be used;
(iii) the degree to which the project integrates next-generation sensors software, analytics, and management tools;
(iv) the anticipated cost-effectiveness of the pilot project through measurable energy savings, water savings or reuse, and infrastructure costs averted;
(v) whether the technology can be deployed in a variety of geographic regions and the degree to which the technology can be implemented in a wide range of applications ranging in scale from small towns to large cities, including Tribal communities;
(vi) whether the technology has been successfully deployed elsewhere;
(vii) whether the technology was sourced from a manufacturer based in the United States; and
(viii) whether the project will be completed in 5 years or less.
(C) Applications
(i) In general
Subject to clause (ii), an eligible entity seeking a grant under the pilot program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be necessary.
(ii) Contents
An application under clause (i) shall, at a minimum, include—
(I) a description of the project;
(II) a description of the technology to be used in the project;
(III) the anticipated results, including energy and water savings, of the project;
(IV) a comprehensive budget for the project;
(V) the names of the project lead organization and any partners;
(VI) the number of users to be served by the project;
(VII) a description of the ways in which the proposal would meet performance measures established by the Secretary; and
(VIII) any other information that the Secretary determines to be necessary to complete the review and selection of a grant recipient.
(4) Administration
(A) In general
Not later than 1 year after December 27, 2020, the Secretary shall select grant recipients under this section.
(B) Evaluations
(i) Annual evaluations
The Secretary shall annually carry out an evaluation of each project for which a grant is provided under this section that meets performance measures and benchmarks developed by the Secretary, consistent with the purposes of this section.
(ii) Requirements
Consistent with the performance measures and benchmarks developed under clause (i), in carrying out an evaluation under that clause, the Secretary shall—
(I) evaluate the progress and impact of the project; and
(II) assess the degree to which the project is meeting the goals of the pilot program.
(C) Technical and policy assistance
On the request of a grant recipient, the Secretary shall provide technical and policy assistance.
(D) Best practices
The Secretary shall make available to the public through the Internet and other means the Secretary considers to be appropriate—
(i) a copy of each evaluation carried out under subparagraph (B); and
(ii) a description of any best practices identified by the Secretary as a result of those evaluations.
(E) Report to Congress
The Secretary shall submit to Congress a report containing the results of each evaluation carried out under subparagraph (B).
(c) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $15,000,000, to remain available until expended.
(