Part D - Industrial Energy Efficiency

42 USC 17111 - Energy-intensive industries program

(a) Definitions 
In this section:
(1) Eligible entity 
The term eligible entity means
(A) an energy-intensive industry;
(B) a national trade association representing an energy-intensive industry; or
(C) a person acting on behalf of 1 or more energy-intensive industries or sectors, as determined by the Secretary.
(2) Energy-intensive industry 
The term energy-intensive industry means an industry that uses significant quantities of energy as part of its primary economic activities, including
(A) information technology, including data centers containing electrical equipment used in processing, storing, and transmitting digital information;
(B) consumer product manufacturing;
(C) food processing;
(D) materials manufacturers, including
(i) aluminum;
(ii) chemicals;
(iii) forest and paper products;
(iv) metal casting;
(v) glass;
(vi) petroleum refining;
(vii) mining; and
(viii) steel;
(E) other energy-intensive industries, as determined by the Secretary.
(3) Feedstock 
The term feedstock means the raw material supplied for use in manufacturing, chemical, and biological processes.
(4) Partnership 
The term partnership means an energy efficiency partnership established under subsection (c)(1)(A).
(5) Program 
The term program means the energy-intensive industries program established under subsection (b).
(b) Establishment of program 
The Secretary shall establish a program under which the Secretary, in cooperation with energy-intensive industries and national industry trade associations representing the energy-intensive industries, shall support, research, develop, and promote the use of new materials processes, technologies, and techniques to optimize energy efficiency and the economic competitiveness of the United States industrial and commercial sectors.
(c) Partnerships 

(1) In general 
As part of the program, the Secretary shall establish energy efficiency partnerships between the Secretary and eligible entities to conduct research on, develop, and demonstrate new processes, technologies, and operating practices and techniques to significantly improve the energy efficiency of equipment and processes used by energy-intensive industries, including the conduct of activities to
(A) increase the energy efficiency of industrial processes and facilities;
(B) research, develop, and demonstrate advanced technologies capable of energy intensity reductions and increased environmental performance; and
(C) promote the use of the processes, technologies, and techniques described in subparagraphs (A) and (B).
(2) Eligible activities 
Partnership activities eligible for funding under this subsection include
(A) feedstock and recycling research, development, and demonstration activities to identify and promote
(i) opportunities for meeting industry feedstock requirements with more energy efficient and flexible sources of feedstock or energy supply;
(ii) strategies to develop and deploy technologies that improve the quality and quantity of feedstocks recovered from process and waste streams; and
(iii) other methods using recycling, reuse, and improved industrial materials;
(B) research to develop and demonstrate technologies and processes that utilize alternative energy sources to supply heat, power, and new feedstocks for energy-intensive industries;
(C) research to achieve energy efficiency in steam, power, control system, and process heat technologies, and in other manufacturing processes; and
(D) industrial and commercial energy efficiency and sustainability assessments to
(i) assist individual industrial and commercial sectors in developing tools, techniques, and methodologies to assess
(I) the unique processes and facilities of the sectors;
(II) the energy utilization requirements of the sectors; and
(III) the application of new, more energy efficient technologies; and
(ii) conduct energy savings assessments;
(E) the incorporation of technologies and innovations that would significantly improve the energy efficiency and utilization of energy-intensive commercial applications; and
(F) any other activities that the Secretary determines to be appropriate.
(3) Proposals 

(A) In general 
To be eligible for funding under this subsection, a partnership shall submit to the Secretary a proposal that describes the proposed research, development, or demonstration activity to be conducted by the partnership.
(B) Review 
After reviewing the scientific, technical, and commercial merit of a proposals[1] submitted under subparagraph (A), the Secretary shall approve or disapprove the proposal.
(C) Competitive awards 
The provision of funding under this subsection shall be on a competitive basis.
(4) Cost-sharing requirement 
In carrying out this section, the Secretary shall require cost sharing in accordance with section 16352 of this title.
(d) Grants 
The Secretary may award competitive grants for innovative technology research, development and demonstrations to universities, individual inventors, and small companies, based on energy savings potential, commercial viability, and technical merit.
(e) Institution of higher education-based industrial research and assessment centers 
The Secretary shall provide funding to institution of higher education-based industrial research and assessment centers, whose purpose shall be
(1) to identify opportunities for optimizing energy efficiency and environmental performance;
(2) to promote applications of emerging concepts and technologies in small- and medium-sized manufacturers;
(3) to promote research and development for the use of alternative energy sources to supply heat, power, and new feedstocks for energy-intensive industries;
(4) to coordinate with appropriate Federal and State research offices, and provide a clearinghouse for industrial process and energy efficiency technical assistance resources; and
(5) to coordinate with State-accredited technical training centers and community colleges, while ensuring appropriate services to all regions of the United States.
(f) Authorization of appropriations 

(1) In general 
There are authorized to be appropriated to the Secretary to carry out this section
(A) $184,000,000 for fiscal year 2008;
(B) $190,000,000 for fiscal year 2009;
(C) $196,000,000 for fiscal year 2010;
(D) $202,000,000 for fiscal year 2011;
(E) $208,000,000 for fiscal year 2012; and
(F) such sums as are necessary for fiscal year 2013 and each fiscal year thereafter.
(2) Partnership activities 
Of the amounts made available under paragraph (1), not less than 50 percent shall be used to pay the Federal share of partnership activities under subsection (c).
(3) Coordination and nonduplication 
The Secretary shall coordinate efforts under this section with other programs of the Department and other Federal agencies to avoid duplication of effort.
[1] So in original.

42 USC 17112 - Energy efficiency for data center buildings

(a) Definitions 
In this section:
(1) Data center 
The term data center means any facility that primarily contains electronic equipment used to process, store, and transmit digital information, which may be
(A) a free-standing structure; or
(B) a facility within a larger structure, that uses environmental control equipment to maintain the proper conditions for the operation of electronic equipment.
(2) Data center operator 
The term data center operator means any person or government entity that builds or operates a data center or purchases data center services, equipment, and facilities.
(b) Voluntary national information program 

(1) In general 
Not later than 90 days after December 19, 2007, the Secretary and the Administrator of the Environmental Protection Agency shall, after consulting with information technology industry and other interested parties, initiate a voluntary national information program for those types of data centers and data center equipment and facilities that are widely used and for which there is a potential for significant data center energy savings as a result of the program.
(2) Requirements 
The program described in paragraph (1) shall
(A) address data center efficiency holistically, reflecting the total energy consumption of data centers as whole systems, including both equipment and facilities;
(B) consider prior work and studies undertaken in this area, including by the Environmental Protection Agency and the Department of Energy;
(C) consistent with the objectives described in paragraph (1), determine the type of data center and data center equipment and facilities to be covered under the program;
(D) produce specifications, measurements, best practices, and benchmarks that will enable data center operators to make more informed decisions about the energy efficiency and costs of data centers, and that take into account
(i) the performance and use of servers, data storage devices, and other information technology equipment;
(ii) the efficiency of heating, ventilation, and air conditioning, cooling, and power conditioning systems, provided that no modification shall be required of a standard then in effect under the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.) for any covered heating, ventilation, air-conditioning, cooling or power-conditioning product;
(iii) energy savings from the adoption of software and data management techniques; and
(iv) other factors determined by the organization described in subsection (c);
(E) allow for creation of separate specifications, measurements, and benchmarks based on data center size and function, as well as other appropriate characteristics;
(F) advance the design and implementation of efficiency technologies to the maximum extent economically practical;
(G) provide to data center operators in the private sector and the Federal Government information about best practices and purchasing decisions that reduce the energy consumption of data centers; and
(H) publish the information described in subparagraph (G), which may be disseminated through catalogs, trade publications, the Internet, or other mechanisms, that will allow data center operators to assess the energy consumption and potential cost savings of alternative data centers and data center equipment and facilities.
(3) Procedures 
The program described in paragraph (1) shall be developed in consultation with and coordinated by the organization described in subsection (c) according to commonly accepted procedures for the development of specifications, measurements, and benchmarks.
(c) Data center efficiency organization 

(1) In general 
After the establishment of the program described in subsection (b), the Secretary and the Administrator shall jointly designate an information technology industry organization to consult with and to coordinate the program.
(2) Requirements 
The organization designated under paragraph (1), whether preexisting or formed specifically for the purposes of subsection (b), shall
(A) consist of interested parties that have expertise in energy efficiency and in the development, operation, and functionality of computer data centers, information technology equipment, and software, as well as representatives of hardware manufacturers, data center operators, and facility managers;
(B) obtain and address input from Department of Energy National Laboratories or any college, university, research institution, industry association, company, or public interest group with applicable expertise in any of the areas listed in paragraph (1);
(C) follow commonly accepted procedures for the development of specifications and accredited standards development processes;
(D) have a mission to develop and promote energy efficiency for data centers and information technology; and
(E) have the primary responsibility to consult in the development and publishing of the information, measurements, and benchmarks described in subsection (b) and transmission of the information to the Secretary and the Administrator for consideration under subsection (d).
(d) Measurements and specifications 

(1) In general 
The Secretary and the Administrator shall consider the specifications, measurements, and benchmarks described in subsection (b) for use by the Federal Energy Management Program, the Energy Star Program, and other efficiency programs of the Department of Energy and Environmental Protection Agency, respectively.
(2) Rejections 
If the Secretary or the Administrator rejects 1 or more specifications, measurements, or benchmarks described in subsection (b), the rejection shall be made consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note ; Public Law 104113).
(3) Determination of impracticability 
A determination that a specification, measurement, or benchmark described in subsection (b) is impractical may include consideration of the maximum efficiency that is technologically feasible and economically justified.
(e) Monitoring 
The Secretary and the Administrator shall
(1) monitor and evaluate the efforts to develop the program described in subsection (b); and
(2) not later than 3 years after December 19, 2007, make a determination as to whether the program is consistent with the objectives of subsection (b).
(f) Alternative system 
If the Secretary and the Administrator make a determination under subsection (e) that a voluntary national information program for data centers consistent with the objectives of subsection (b) has not been developed, the Secretary and the Administrator shall, after consultation with the National Institute of Standards and Technology and not later than 2 years after the determination, develop and implement the program under subsection (b).
(g) Protection of proprietary information 
The Secretary, the Administrator, or the data center efficiency organization shall not disclose any proprietary information or trade secrets provided by any individual or company for the purposes of carrying out this section or the program established under this section.