42 U.S.C. § 12005

Current through P.L. 117-57 (published on www.congress.gov on 11/12/2021)
Section 12005 - Demonstration and commercial application projects
(a) Purpose

The purpose of this section is to direct the Secretary to further the commercialization of renewable energy and energy efficiency technologies through a five-year program.

(b) Demonstration and commercial application projects
(1) Establishment
(A) The Secretary shall solicit proposals for demonstration and commercial application projects for renewable energy and energy efficiency technologies pursuant to subsection (c). Such projects may include projects for-
(i) the production and sale of electricity, thermal energy, or other forms of energy using a renewable energy technology;
(ii) increasing the efficiency of energy use; and
(iii) improvements in, or expansion of, facilities for the manufacture of renewable energy or energy efficiency technologies.
(B) REQUIREMENTS.-Each project selected under this section shall include at least one for-profit business. Activities supported under this section shall be performed in the United States. Each project under this section shall require the manufacture and reproduction substantially within the United States for commercial sale of any invention or product that may result from the project.
(2) Forms of financial assistance
(A) In supporting projects selected under subsection (c), the Secretary may choose from among the forms of agreements described in section 13541 of this title.
(B) In supporting projects selected under subsection (c), the Secretary may also enter into agreements with private lenders to pay a portion of the interest on loans made for such projects.
(3) Cost sharing

Cost sharing for projects under this section shall be conducted according to the procedures described in section 13542(b) and (c) of this title.

(4) Advisory Committee
(A) The Secretary shall establish an Advisory Committee on Demonstration and Commercial Application of Renewable Energy and Energy Efficiency Technologies (in this chapter referred to as the "Advisory Committee") to advise the Secretary on the development of the solicitation and evaluation criteria for projects under this section, and on otherwise carrying out his responsibilities under this section. The Secretary shall appoint members to the Advisory Committee, including at least one member representing-
(i) the Secretary of Commerce;
(ii) the National Laboratories of the Department of Energy;
(iii) the Solar Energy Research Institute;
(iv) the Electric Power Research Institute;
(v) the Gas Research Institute;
(vi) the National Institute of Building Sciences;
(vii) the National Institute of Standards and Technology;
(viii) associations of firms in the major renewable energy manufacturing industries; and
(ix) associations of firms in the major energy efficiency manufacturing industries.

Nothing in this subparagraph shall be construed to require the Secretary to reestablish the Advisory Committee in place under this subsection as of October 24, 1992, or to perform again any duties performed by such advisory committee before October 24, 1992.

(B) Not later than 18 months after October 24, 1992, the Advisory Committee shall provide the Secretary with a report assessing the implementation of the program under this section, including specific recommendations for improvements or changes to the program and solicitation process. The Secretary shall transmit such report and, if any, the Secretary's recommendations to the Congress.
(c) Selection of projects
(1) Solicitation
(A) Not later than 9 months after October 24, 1992, the Secretary shall solicit proposals for projects under this section. The Secretary may make additional solicitations for proposals if the Secretary determines that such solicitations are necessary to carry out this section.
(B) A solicitation for proposals under this paragraph shall establish a closing date for receipt of proposals. The Secretary may, if necessary, extend the closing date for receipt of proposals for a period not to exceed 90 days.
(C) Each solicitation under this paragraph shall include a description of the criteria, developed by the Secretary, according to which proposals will be evaluated. In developing such criteria, the Secretary shall consider-
(i) the need for Federal involvement to commercialize the technology or speed commercialization of the technology;
(ii) the potential for the technology to have significant market penetration;
(iii) the potential energy efficiency gains or energy supply contributions of the technology;
(iv) potential environmental improvements associated with the technology;
(v) the export potential of the technology;
(vi) the likelihood that the proposal is technically sufficient to achieve the objective of the solicitation;
(vii) the degree to which non-Federal financial participation is involved in the proposal;
(viii) the business and financial history of the proposer or proposers; and
(ix) any other factor the Secretary considers appropriate.
(2) Project technologies

Projects under this section may include the following technologies:

(A) Conversion of cellulosic biomass to liquid fuels.
(B) Ethanol and ethanol byproduct processes.
(C) Direct combustion or gasification of biomass.
(D) Biofuels energy systems.
(E) Photovoltaics, including utility scale and remote applications.
(F) Solar thermal, including solar water heating.
(G) Wind energy.
(H) High temperature and low temperature geothermal energy.
(I) Fuel cells, including transportation and stationary applications.
(J) Nondefense high-temperature superconducting electricity technology.
(K) Source reduction technology.
(L) Factory-made housing.
(M) Advanced district cooling.
(3) Project selection

The Secretary shall, within 120 days after the closing date established under paragraph (1)(B), select proposals to receive financial assistance under this section. In selecting proposals under this paragraph, the Secretary shall-

(A) consider each proposal's ability to meet the criteria developed pursuant to paragraph (1)(C); and
(B) attempt to achieve technological and geographic diversity.
(d) Authorization of appropriations

There are authorized to be appropriated to the Secretary for carrying out this section $50,000,000 for fiscal year 1994.

42 U.S.C. § 12005

Pub. L. 101-218, §6, Dec. 11, 1989, 103 Stat. 1863; Pub. L. 102-486, title XII, §1202(a), Oct. 24, 1992, 106 Stat. 2956.

REFERENCES IN TEXTThis chapter, referred to in subsec. (b)(4)(A), was in the original "this Act", meaning Pub. L. 101-218, 103 Stat. 1859, known as the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12001 of this title and Tables.

AMENDMENTS1992- Pub. L. 102-486 amended section generally, substituting provisions relating to demonstration and commercial application projects for renewable energy and energy efficiency technologies for provisions relating to use of joint ventures to further commercialization of renewable energy and energy efficiency technologies.

TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

Advisory Committee
The term "Advisory Committee" means the Green Building Advisory Committee established under section 484.1
The term "Secretary" means the Secretary of Housing and Urban Development.1 See References in Text note below.
The terms "federally assisted housing" and "project" mean-(A) a public housing project (as such term is defined in section 3(b) of the United States Housing Act of 1937 [ 42 U.S.C. 1437a(b) ]);(B) housing for which project-based assistance is provided under section 8 of the United States Housing Act of 1937 [ 42 U.S.C. 1437f ];(C) housing that is assisted under section 1701q of title 12;(D) housing that is assisted under section 1701q of title 12, as such section existed before November 28, 1990;(E) housing financed by a loan or mortgage insured under section 1715l(d)(3) of title 12 that bears interest at a rate determined under the proviso of section 1715l(d)(5) of title 12;(F) housing insured, assisted, or held by the Secretary or a State or State agency under section 1715z-1 of title 12;(G) housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of the United States Housing Act of 1937 [ 42 U.S.C. 1437f(b)(2) ], as in effect before October 1, 1983, that is assisted under a contract for assistance under such section; and(H) housing that is assisted under section 8013 1 of this title.
United States
the term "United States" means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other Commonwealth, territory, or possession of the United States.1 So in original. Probably should be "; and".
the term "invention" means an invention or discovery that is patented or for which a patent may be obtained under title 35, or any novel variety of plant that is protected or for which plant variety protection may be obtained under the Plant Variety Protection Act ( 7 U.S.C. 2321 et seq.) and that is conceived or reduced to practice as a result of work under an agreement entered into under this chapter;
source reduction
the term "source reduction" means any practice which-(A) reduces the amount of any hazardous substance, pollutant, or contaminant entering any waste stream or otherwise released into the environment, including fugitive emissions, prior to recycling, treatment, or disposal; and(B) reduces the hazards to the public health and the environment associated with the release of such substances, pollutants, or contaminants,including equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training, and inventory control, but not including any practice which alters the physical, chemical, or biological characteristics or the volume of a hazardous substance, pollutant, or contaminant through a process or activity which itself is not integral to and necessary for the production of a product or the providing of a service; 1