42 USC 16198 - Smart energy and water efficiency pilot program

Collapse to view only § 16198. Smart energy and water efficiency pilot program

§ 16191. Energy efficiency
§ 16192. Next Generation Lighting Initiative
§ 16193. National Building Performance Initiative
§ 16194. Building standards
§ 16195. Secondary electric vehicle battery use program
§ 16196. Energy Efficiency Science Initiative
§ 16197. Advanced Energy Technology Transfer Centers
§ 16198. Smart energy and water efficiency pilot program

§ 16191. Energy efficiency

(a) In general

(1) ObjectivesThe 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.

(D) Improving the energy security of the United States.

(E) Reducing the environmental impact of energy-related activities.

(2) ProgramsPrograms 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 appropriationsThere 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.

(1) For activities under section 16192 of this title, $50,000,000 for each of fiscal years 2007 through 2009.

(2) For activities under section 16195 of this title, $7,000,000 for each of fiscal years 2007 through 2009.

(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

(4) For activities under subsection (a)(2)(D), $2,000,000 for each of fiscal years 2007 and 2008.

(d) Extended authorization

(e) LimitationsNone 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 (42 U.S.C. 6861 et seq.);

(3) a State energy conservation plan established under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.); or

(4) a Federal energy management measure carried out under part 3 of title V of the National Energy Conservation Policy Act (42 U.S.C. 8251 et seq.).

(Pub. L. 109–58, title IX, § 911, Aug. 8, 2005, 119 Stat. 857; Pub. L. 110–140, title III, § 315(a), Dec. 19, 2007, 121 Stat. 1571.)

§ 16192. Next Generation Lighting Initiative

(a) Definitions

In this section:

(1) Advanced solid-state lighting

(2) Industry Alliance

(3) Initiative

(4) Research

(5) White light emitting diode

(b) Initiative

(d) Industry Alliance

(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;

(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

(3) Availability to public

(f) Development, demonstration, and commercial application

(1) In general

(2) Preference

(g) Cost sharing

(h) Intellectual property

The Secretary may require (in accordance with section 202(a)(ii) of title 35, section 2182 of this title, and section 5908 of this title) that for any new invention developed under subsection (e)—

(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

(Pub. L. 109–58, title IX, § 912, Aug. 8, 2005, 119 Stat. 858.)

§ 16193. National Building Performance Initiative

(a) Interagency group

(1) In general

(2) Cochairs

(b) Integration of efforts

(1) In general

(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

(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

(Pub. L. 109–58, title IX, § 913, Aug. 8, 2005, 119 Stat. 860.)

§ 16194. Building standards

(a) Definition of high performance building

(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.

(Pub. L. 109–58, title IX, § 914, Aug. 8, 2005, 119 Stat. 861.)

§ 16195. Secondary electric vehicle battery use program

(a) DefinitionsIn this section:

(1) Battery

(2) Associated equipment

(b) Program

(1) In general

(2) AdministrationThe 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

(1) In general

(2) Additional solicitations

(d) Selection of proposals

(1) In general

(2) FactorsIn selecting proposals, the Secretary shall consider—

(A) the diversity of battery type;

(B) geographic and climatic diversity; and

(3) Limitation

(4) Non-Federal involvement

(5) Other criteria

(e) ConditionsIn carrying out this section, the Secretary shall require that—

(1) relevant information be provided to—

(A) the Department;

(B) the users of the batteries;

(D) the battery manufacturers; and

(2) the costs of carrying out projects and activities under this section are shared in accordance with section 16352 of this title.

(Pub. L. 109–58, title IX, § 915, Aug. 8, 2005, 119 Stat. 861.)

§ 16196. Energy Efficiency Science Initiative

(a) Establishment

(b) Report

(Pub. L. 109–58, title IX, § 916, Aug. 8, 2005, 119 Stat. 862.)

§ 16197. Advanced Energy Technology Transfer Centers

(a) GrantsNot 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) ActivitiesEach 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) ApplicationA 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 criteriaThe 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

(f) Duration

(1) Initial grant period

(2) Initial evaluation

(3) Additional extension

(4) Limitation

(g) Prohibition

(h) DefinitionsFor purposes of this section:

(1) Advanced energy methods and technologies

(2) Center

(3) Distributed generation

(4) Cooperative Extension

(5) Land-grant colleges and universitiesThe term “land-grant colleges and universities” means—

(A) 1862 Institutions (as defined in section 7601 of title 7);

(B) 1890 Institutions (as defined in section 7601 of title 7); and

(i) Authorization of appropriations

(Pub. L. 109–58, title IX, § 917, Aug. 8, 2005, 119 Stat. 863; Pub. L. 110–229, title VI, § 601, May 8, 2008, 122 Stat. 850.)

§ 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;

(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

(b) Smart energy and water efficiency pilot program

(1) In general

(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

(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.

(i) In general

(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

(B) Evaluations

(i) Annual evaluations

(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.

(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

(Pub. L. 109–58, title IX, § 918, as added Pub. L. 116–260, div. Z, title I, § 1014(a), Dec. 27, 2020, 134 Stat. 2451.)