Part A - Energy Efficiency

42 USC 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 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
(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 section 16192 of this title $50,000,000 for each of fiscal years 2010 through 2013.
(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 (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.).

42 USC 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 section 16352 of this title.
(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 
The Secretary shall enter into an arrangement with the National Academy of Sciences to conduct periodic reviews of the Initiative.

42 USC 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.

42 USC 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 (15 U.S.C. 272 note ), the Secretary shall establish a grant and technical assistance program to support the development of voluntary consensus-based standards for high performance buildings.

42 USC 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 section 16352 of this title.

42 USC 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 section 7133 (a)(9) of this title, in consultation with the Director of the Office of Science, for grants to be competitively awarded and subject to peer review for research relating to energy efficiency.
(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.

42 USC 16197 - Advanced Energy Efficiency Technology Transfer Centers

(a) Grants 
Not later than 18 months after August 8, 2005, the Secretary shall make grants to nonprofit">nonprofit institutions, State and local governments, or universities (or consortia thereof), to establish a geographically dispersed network of Advanced Energy Efficiency Technology Transfer Centers, to be located in areas the Secretary determines have the greatest need of the services of such Centers. In establishing the network, the Secretary shall consider the special needs and opportunities for increased energy efficiency for manufactured and site-built housing.
(b) Activities 

(1) In general 
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.
(2) Advisory panel 
Each Center shall establish an advisory panel to advise the Center on how best to accomplish the activities under paragraph (1).
(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.
(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 activities described in subsection (b)(1).
(2) The extent to which the applicant will coordinate the activities of the Center with other entities, such as State and local governments, utilities, and educational and research institutions.
(e) Cost-sharing 
In carrying out this section, the Secretary shall require cost-sharing in accordance with the requirements of section 16352 of this title for commercial application activities.
(f) Advisory committee 
The Secretary shall establish an advisory committee to advise the Secretary on the establishment of Centers under this section. The advisory committee shall be composed of individuals with expertise in the area of advanced energy methods and technologies, including at least one representative from
(1) State or local energy offices;
(2) energy professionals;
(3) trade or professional associations;
(4) architects, engineers, or construction professionals;
(5) manufacturers;
(6) the research community; and
(7) nonprofit">nonprofit energy or environmental organizations.
(g) 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 facility that is designed to serve retail electric consumers at or near the facility site.
(h) Authorization of appropriations 
In addition to amounts otherwise authorized to be appropriated in section 16191 of this title, there are authorized to be appropriated for the program under this section such sums as may be appropriated.