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42 U.S.C. § 17111Future of industry program

submitted 19 years ago by Pub. L. 110-140 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 820 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates a Future of Industry program to help energy-heavy industries save energy. The Energy Department partners with industries like steel, chemicals, and paper on research and grants. Congress funded the program with tens of millions of dollars a year through 2012, plus cost-sharing rules.

(a) Definitions: This section defines five terms. An "eligible entity" is an energy-intensive industry itself, a national trade association representing one, or a person the Secretary says is acting on behalf of one or more energy-intensive industries or sectors. An "energy-intensive industry" is any industry that uses a lot of energy in its main business, including information technology (including data centers), consumer product manufacturing, food processing, materials manufacturers such as aluminum, chemicals, forest and paper products, metal casting, glass, petroleum refining, mining, and steel, water and wastewater treatment facilities, and any other industry the Secretary names. "Feedstock" means the raw material used in manufacturing, chemical, and biological processes. A "partnership" is an energy efficiency partnership set up under subsection (c)(1)(A). The "program" is the energy-intensive industries program set up under subsection (b). (b) Establishment of program: The Secretary of Energy must create a program, working with energy-intensive industries and their national trade associations, to support, research, develop, and promote new materials, processes, technologies, and techniques. The goal is to make U.S. industrial and commercial sectors both more energy efficient and more economically competitive. (c) Partnerships: As part of the program, the Secretary must form energy efficiency partnerships with eligible entities to research, develop, and demonstrate new processes, technologies, and practices that significantly improve how efficiently energy-intensive industries use equipment and run processes. This includes work to increase efficiency in industrial processes and facilities, to develop advanced technologies that cut energy intensity and improve environmental performance, and to promote the use of those processes and technologies. Activities that can be funded through a partnership include feedstock and recycling research aimed at finding more energy-efficient feedstock sources and better ways to recover feedstock from waste streams; research into using alternative energy sources for heat, power, and feedstocks; research to improve efficiency in steam, power, control systems, and other manufacturing processes; energy efficiency and sustainability assessments that help industrial and commercial sectors evaluate their own processes and energy needs; work to bring efficiency innovations into energy-intensive commercial uses; and any other activity the Secretary decides is appropriate. To get funding, a partnership must submit a proposal describing its planned research, development, or demonstration work. The Secretary reviews each proposal's scientific, technical, and commercial merit and either approves or disapproves it, and funding is awarded competitively. The Secretary must also require cost sharing for this work, under the rules in section 16352. (d) Grants: The Secretary may separately award competitive grants for innovative technology research, development, and demonstration projects to universities, individual inventors, and small companies, based on their energy savings potential, commercial viability, and technical merit. (e) Authorization of appropriations: Congress authorized $184,000,000 for fiscal year 2008, $190,000,000 for 2009, $196,000,000 for 2010, $202,000,000 for 2011, and $208,000,000 for 2012, plus whatever amount is necessary for 2013 and every year after that. At least 50 percent of this money must go toward paying the Federal government's share of partnership activities described in subsection (c). The Secretary must also coordinate this section's work with other Department of Energy and Federal programs so effort is not duplicated.
the actual law source: uscode.house.gov ↗public domain
(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)

water and wastewater treatment facilities, including systems that treat municipal, industrial, and agricultural waste; and

(F)

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) 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.

Source credit: (Pub. L. 110–140, title IV, § 452, Dec. 19, 2007, 121 Stat. 1634; Pub. L. 117–58, div. D, title V, § 40521(a)(1), Nov. 15, 2021, 135 Stat. 1062.)

history & why it existsrecord from the source credit
  • 2007Enacted · Pub. L. 110-140 · 121 Stat. 1634
  • 2021Amended · Pub. L. 117-58 · 135 Stat. 1062

A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-140 on 2007-12-19.

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