42 U.S.C. § 18632 — Energy Innovation Hubs

(a) Definitions

(1) Advanced energy technology — This term covers: (A) an innovative technology that (i) makes energy from solar, wind, geothermal, biomass, tidal, wave, ocean, or other renewable sources; (ii) makes nuclear energy; (iii) captures and stores carbon; (iv) enables advanced vehicles, vehicle parts, and related technology that save significant energy; (v) generates, moves, distributes, uses, or stores energy more efficiently than conventional technology, including through Smart Grid technology; or (vi) makes the United States more energy independent and secure by improving or expanding the supply and production of domestic energy resources, including coal, oil, and natural gas; (B) research, development, demonstration, or commercial-application work needed to keep a long-term, secure, sustainable supply of an "energy-critical element"; or (C) any other innovative energy technology area the Secretary^* identifies.

(2) Hub — (A) "Hub" means an Energy Innovation Hub set up under this section. (B) This includes any Energy Innovation Hub that already existed on September 28, 2018.

(3) Qualifying entity — This means: (A) an institution of higher education^*; (B) an appropriate state^* or federal entity, including a Department^*-funded research and development center; (C) a nongovernmental organization with expertise in advanced energy technology research, development, demonstration, or commercial application; or (D) any other entity the Secretary determines is appropriate.

(b) Authorization of program

(1) In general — The Secretary must carry out a program that improves the United States' economic, environmental, and energy security by making awards to consortia that establish and run "Energy Innovation Hubs." Each Hub conducts and supports multidisciplinary, collaborative research, development, demonstration, and commercial application of advanced energy technologies, ideally in one centralized location.

(2) Technology development focus — The Secretary must designate a unique advanced energy technology or basic-research focus for each Hub.

(3) Coordination — The Secretary must coordinate each Hub's activities with, and avoid unnecessary duplication with, (A) other Department research entities — including the National Laboratories, the Advanced Research Projects Agency–Energy, and Energy Frontier Research Centers — and (B) industry.

(c) Application process

(1) Eligibility — To be eligible for an award to establish and run a Hub, a consortium^* must: (A) be composed of at least two qualifying entities; (B) operate under a binding agreement, signed by every member, that documents (i) the proposed partnership's governance and management structure, (ii) measures the consortium will take to keep implementation cost-effective, and (iii) a proposed budget, including financial contributions from non-federal sources; and (C) operate as a nonprofit organization.

(2) Application — (A) A consortium applies to the Secretary at the time, in the manner, and with the information the Secretary requires, including full details of the consortium agreement described in paragraph (1)(B). (B) If the consortium's members will not all be at one centralized location, the application must include a communications plan ensuring close coordination and integration of the Hub's activities.

(3) Selection — (A) The Secretary selects consortia for Hub awards through a competitive selection process. (B) In selecting consortia, the Secretary considers (i) the information the consortium disclosed, and (ii) any existing facilities the consortium will provide for Hub activities.

(d) Term

(1) In general — An award to a Hub lasts no more than 5 years, subject to available appropriations. After that, the award may be renewed, subject to a rigorous merit review.

(2) Existing Hubs — A Hub already in existence, or already undergoing renewal, on September 28, 2018: (A) may keep receiving support during the 5-year period beginning on the date that Hub was established; and (B) is eligible to apply for renewal of that support at the end of that 5-year period.

(e) Hub operations

(1) In general — Each Hub must conduct or arrange for multidisciplinary, collaborative research, development, demonstration, and commercial application of advanced energy technologies within its assigned focus area.

(2) Activities — Each Hub must: (A) encourage collaboration and communication among the consortium's qualifying-entity members and awardees; (B) develop and publish its proposed plans and programs on a publicly accessible website; (C) submit an annual report to the Department summarizing its activities, including (i) its organizational expenditures, and (ii) each project^* it undertook; and (D) monitor how its projects are carried out and coordinated.

(3) Conflicts of interest — Each Hub must maintain conflict-of-interest procedures consistent with the Department's own procedures.

(4) Prohibition on construction — (A) Except as provided in (B): (i) no funds provided under this section may be used to construct new buildings or facilities for Hubs; and (ii) new construction is not counted as part of the non-federal share of a Hub's cost-sharing^* agreement. (B) This does not prohibit using funds from this section, or non-federal cost-share funds, to build a test bed or renovate existing buildings or facilities for research, if the Secretary determines the test bed or renovations are limited to the scope and scale the research actually needs.