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42 U.S.C. § 17113Industrial emissions reduction technology development program

submitted 6 years ago by Pub. L. 110-140 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,052 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates a federal program to cut greenhouse gas emissions from heavy industry. The Energy Department funds research, grants, and demonstration projects for things like steel, chemicals, and carbon capture. Congress set specific funding levels for demonstration projects through 2025.

(a) Definitions: This section defines five terms. The "Director" is the Director of the White House Office of Science and Technology Policy. An "eligible entity" is a scientist or other expert in emissions reduction, an institution of higher education, a nongovernmental organization, a National Laboratory, a private entity, or a partnership of two or more of those. "Emissions reduction" means cutting net non-water greenhouse gas emissions from energy services and industrial processes as much as is practicable — but it does not include eliminating the carbon that ends up embodied in a manufactured product itself. The "program" is the one this section creates in subsection (b)(1). A "critical material or mineral" is a material or mineral that plays an essential role in making a product and carries a high risk of supply disruption serious enough to threaten the U.S. economy or national security. (b) Industrial emissions reduction technology development program: Within one year of December 27, 2020, the Secretary of Energy, working with the Director, relevant Federal agency heads, National Laboratories, industry, and universities, had to create a crosscutting program of research, development, demonstration, and commercial application. The program aims to make U.S. industry and manufacturing more technologically and economically competitive, make U.S. industrial technology exports more competitive, and achieve emissions reduction in industrial sectors that don't produce power. In running the program, the Secretary must coordinate with every relevant Department office and other Federal agency, coordinate with the Industrial Technology Innovation Advisory Committee created under section 17115, and coordinate with the separate Future of Industry program under section 17111 to avoid duplicating work. The Secretary must also make the most practical use of existing Department and Federal resources and of public-private partnerships. (c) Focus areas: The program must focus on nine things. First, industrial production processes — cutting emissions in high-emissions materials like iron, steel, aluminum, cement, glass, pulp, and paper; cutting emissions from medium- and high-temperature heat generation through electrification, renewable heat, combined heat and power, or alternative fuels like hydrogen and nuclear; cutting emissions in chemical production, including through sustainable chemistry principles; using smart and digital manufacturing and data analytics to model, monitor, and optimize production lines and their energy use; using sustainable manufacturing principles — like designing for reuse and recycling, minimizing waste, and reusing waste in other processes — to cut environmental impact while saving energy and resources; and generally increasing the energy efficiency of industrial processes. Second, alternative materials that produce fewer emissions both when they're made and when they're used, including lightweight materials and substitutes for critical materials and minerals. Third, developing net-zero-emissions liquid and gaseous fuels. Fourth, cutting emissions in shipping, aviation, and long-distance transportation. Fifth, carbon capture technology for industrial processes. Sixth, other technologies that achieve net-zero emissions in nonpower industrial sectors, as the Secretary and Director decide. Seventh, high-performance computing to help develop advanced materials and manufacturing processes for all these focus areas, including modeling and optimizing efficient product designs and using digital prototyping and additive manufacturing. Eighth, incorporating sustainable chemistry and engineering principles as the Secretary sees fit. Ninth, any other research or technology area named in the Strategic Plan required under section 17114. (d) Grants, contracts, cooperative agreements, and demonstration projects: The Secretary must award competitive grants to eligible entities for the projects that best achieve the program's goals, and may also use contracts and cooperative agreements with eligible entities and other Federal agencies for projects that further the program. The Secretary must fund demonstration projects that test and validate the technologies described in subsection (c). Anyone seeking funding, a contract, or an agreement must apply in whatever way the Secretary requires, and the Secretary must require cost sharing under section 16352. (e) Authorization of appropriations: Congress authorized money specifically for the demonstration projects in subsection (d)(3): $20,000,000 for fiscal year 2021, $80,000,000 for 2022, $100,000,000 for 2023, and $150,000,000 for both 2024 and 2025. (f) Coordination: The Secretary must carry out this section's activities in line with the coordination requirements in section 18631.
the actual law source: uscode.house.gov ↗public domain
(a) Definitions

In this section:

(1) Director

The term “Director” means the Director of the Office of Science and Technology Policy.

(2) Eligible entity

The term “eligible entity” means—

(A)

a scientist or other individual with knowledge and expertise in emissions reduction;

(B)

an institution of higher education;

(C)

a nongovernmental organization;

(D)

a National Laboratory;

(E)

a private entity; and

(F)

a partnership or consortium of 2 or more entities described in subparagraphs (B) through (E).

(3) Emissions reduction
(A) In general

The term “emissions reduction” means the reduction, to the maximum extent practicable, of net nonwater greenhouse gas emissions to the atmosphere by energy services and industrial processes.

(B) Exclusion

The term “emissions reduction” does not include the elimination of carbon embodied in the principal products of industrial manufacturing.

(4) Program

The term “program” means the program established under subsection (b)(1).

(5) Critical material or mineral

The term “critical material or mineral” means a material or mineral that serves an essential function in the manufacturing of a product and has a high risk of a supply disruption, such that a shortage of such a material or mineral would have significant consequences for United States economic or national security.

(b) Industrial emissions reduction technology development program
(1) In general

Not later than 1 year after December 27, 2020, the Secretary, in consultation with the Director, the heads of relevant Federal agencies, National Laboratories, industry, and institutions of higher education, shall establish a crosscutting industrial emissions reduction technology development program of research, development, demonstration, and commercial application to advance innovative technologies that—

(A)

increase the technological and economic competitiveness of industry and manufacturing in the United States;

(B)

increase the viability and competitiveness of United States industrial technology exports; and

(C)

achieve emissions reduction in nonpower industrial sectors.

(2) Coordination

In carrying out the program, the Secretary shall—

(A)

coordinate with each relevant office in the Department and any other Federal agency;

(B)

coordinate and collaborate with the Industrial Technology Innovation Advisory Committee established under section 17115 of this title; and

(C)

coordinate and seek to avoid duplication with the Future of Industry 1 program established under section 17111 of this title.

(3) Leverage of existing resources

In carrying out the program, the Secretary shall leverage, to the maximum extent practicable—

(A)

existing resources and programs of the Department and other relevant Federal agencies; and

(B)

public-private partnerships.

(c) Focus areas

The program shall focus on—

(1)

industrial production processes, including technologies and processes that—

(A)

achieve emissions reduction in high emissions industrial materials production processes, including production processes for iron, steel, steel mill products, aluminum, cement, concrete, glass, pulp, paper, and industrial ceramics;

(B)

achieve emissions reduction in medium- and high-temperature heat generation, including—

(i)

through electrification of heating processes;

(ii)

through renewable heat generation technology;

(iii)

through combined heat and power; and

(iv)

by switching to alternative fuels, including hydrogen and nuclear energy;

(C)

achieve emissions reduction in chemical production processes, including by incorporating, if appropriate and practicable, principles, practices, and methodologies of sustainable chemistry and engineering;

(D)

leverage smart manufacturing technologies and principles, digital manufacturing technologies, and advanced data analytics to develop advanced technologies and practices in information, automation, monitoring, computation, sensing, modeling, and networking to—

(i)

model and simulate manufacturing production lines;

(ii)

monitor and communicate production line status;

(iii)

manage and optimize energy productivity and cost throughout production; and

(iv)

model, simulate, and optimize the energy efficiency of manufacturing processes;

(E)

leverage the principles of sustainable manufacturing to minimize the potential negative environmental impacts of manufacturing while conserving energy and resources, including—

(i)

by designing products that enable reuse, refurbishment, remanufacturing, and recycling;

(ii)

by minimizing waste from industrial processes, including through the reuse of waste as other resources in other industrial processes for mutual benefit; and

(iii)

by increasing resource efficiency; and

(F)

increase the energy efficiency of industrial processes;

(2)

alternative materials that produce fewer emissions during production and result in fewer emissions during use, including—

(A)

high-performance lightweight materials; and

(B)

substitutions for critical materials and minerals;

(3)

development of net-zero emissions liquid and gaseous fuels;

(4)

emissions reduction in shipping, aviation, and long distance transportation;

(5)

carbon capture technologies for industrial processes;

(6)

other technologies that achieve net-zero emissions in nonpower industrial sectors, as determined by the Secretary, in consultation with the Director; and

(7)

high-performance computing to develop advanced materials and manufacturing processes contributing to the focus areas described in paragraphs (1) through (6), including—

(A)

modeling, simulation, and optimization of the design of energy efficient and sustainable products; and

(B)

the use of digital prototyping and additive manufacturing to enhance product design.

(8)

incorporation of sustainable chemistry and engineering principles, practices, and methodologies, as the Secretary determines appropriate; and

(9)

other research or technology areas identified in the Strategic Plan authorized in section 17114 of this title.

(d) Grants, contracts, cooperative agreements, and demonstration projects
(1) Grants

In carrying out the program, the Secretary shall award grants on a competitive basis to eligible entities for projects that the Secretary determines would best achieve the goals of the program.

(2) Contracts and cooperative agreements

In carrying out the program, the Secretary may enter into contracts and cooperative agreements with eligible entities and Federal agencies for projects that the Secretary determines would further the purposes of the program.

(3) Demonstration projects

In supporting technologies developed under this section, the Secretary shall fund demonstration projects that test and validate technologies described in subsection (c).

(4) Application

An entity seeking funding or a contract or agreement under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(5) Cost sharing

In awarding funds under this section, the Secretary shall require cost sharing in accordance with section 16352 of this title.

(e) Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out the demonstration projects authorized in subsection (d)(3)—

(1)

$20,000,000 for fiscal year 2021;

(2)

$80,000,000 for fiscal year 2022;

(3)

$100,000,000 for fiscal year 2023;

(4)

$150,000,000 for fiscal year 2024; and

(5)

$150,000,000 for fiscal year 2025.

(f) Coordination

The Secretary shall carry out the activities authorized in this section in accordance with section 18631 of this title.

Source credit: (Pub. L. 110–140, title IV, § 454, as added Pub. L. 116–260, div. Z, title VI, § 6003(a), Dec. 27, 2020, 134 Stat. 2553; amended Pub. L. 117–58, div. D, title V, § 40521(a)(2), Nov. 15, 2021, 135 Stat. 1062.)

history & why it existsrecord from the source credit
  • 2020Enacted · Pub. L. 110-140 · 134 Stat. 2553
  • 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 2020-12-27.

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