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42 U.S.C. § 13389Greenhouse gas intensity reducing strategies

submitted 21 years ago by Pub. L. 102-486 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,337 words · no verdicts yet

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This section tells the Department of Energy to cut the greenhouse gas intensity of the U.S. economy. It sets up a Climate Change Technology Committee and Program to plan and track that work. The Secretary must also inventory greenhouse-gas-cutting technologies, support demonstration projects, and may form an Advisory Committee.

(a) Definitions. This section defines seven terms. The Advisory Committee is the Climate Change Technology Advisory Committee created in part (f). Carbon sequestration means capturing carbon dioxide — through land, underground, biological, or other methods — so it doesn't reach the atmosphere. The Committee is the Committee on Climate Change Technology created in part (b). Developing country has the meaning given in another law, section 13387(m). Greenhouse gas means six specific gases: carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. Greenhouse gas intensity means the amount of greenhouse gas emitted compared to how much the economy produces — emissions divided by economic output. National Laboratory has the meaning given in another law, section 15801(3). (b) Committee on Climate Change Technology. Within 180 days after August 8, 2005, the President must set up a Committee on Climate Change Technology. The Committee's job is to pull together existing federal climate reports and coordinate federal climate-change-technology work under the strategy described in part (c). The Committee must have at least 7 members: the Secretary of Energy (who chairs it), the Secretary of Commerce, the Chair of the Council on Environmental Quality, the Secretary of Agriculture, the head of the EPA, the Secretary of Transportation, the Director of the Office of Science and Technology Policy, and anyone else the President adds. Committee members must supply the staff the Committee needs to do its work. (c) National climate change technology policy. Within 18 months after August 8, 2005, the Committee must give the Secretary and the President a national strategy. That strategy promotes putting greenhouse-gas-intensity-reducing technologies developed by National Laboratories, other federal research facilities, colleges, and private industry to use in the market. When the Committee submits the strategy to the President, it must also make it public. The Committee must update the strategy every 5 years, or more often if it decides that's needed. (d) Climate Change Technology Program. Within 180 days after the Committee is set up, the Secretary — working with the Committee — must create a Climate Change Technology Program inside the Department of Energy. The Program helps the Committee coordinate federal research, development, demonstration, and deployment work aimed at cutting greenhouse gas intensity, and it carries out the programs this section authorizes. (e) Technology inventory. The Secretary must inventory and evaluate greenhouse-gas-intensity-reducing technologies — ones that exist or are being developed by National Laboratories, other federal facilities, colleges, and private industry — and make that inventory public. The goal is to figure out which technologies are ready for commercialization and deployment. Within 180 days after finishing the inventory, the Secretary must report the results and any recommendations to Congress. The Secretary must use the inventory's results to guide which technologies get commercialized and deployed. The Secretary must also periodically update the inventory — including whenever the Committee says it's needed — and make each update public. (f) Climate Change Technology Advisory Committee. The Secretary, working with the Committee, may (this is optional) set up a Climate Change Technology Advisory Committee under a separate law, section 7234. Its job is to find legal, regulatory, economic, and other obstacles to commercializing and deploying greenhouse-gas-intensity-reducing technologies in the United States. If created, the Secretary appoints its members, working with the Committee, from these groups: one representative from each National Laboratory; 3 members from energy-producing trade groups; 3 members from energy-intensive trade groups; 3 members representing end-use energy consumers; 3 federal employees who are experts in energy technology, intellectual property, and tax; and 3 members from colleges with energy-technology expertise, recommended by the National Academy of Engineering. Starting 1 year after August 8, 2005, and every year after that, the Advisory Committee must report to the Committee on Climate Change Technology describing its findings and its recommendations for removing or reducing barriers to using these technologies. (g) Greenhouse gas intensity reducing technology deployment. Using the strategy from part (c), the inventory from part (e), the inventory report from part (e), and any Advisory Committee reports from part (f), the Committee must develop recommendations for removing domestic barriers to commercializing and deploying these technologies. In making those recommendations, the Committee must weigh, together, four things: how cost-effective the technology is, fiscal and regulatory barriers, legal and other barriers, and intellectual property issues. The Committee may also identify a need for demonstration projects. Within 18 months after August 8, 2005, the Committee must report to the President and Congress. That report must identify barriers and commercial risks to deploying these technologies (based on the Advisory Committee's report) and include a plan for demonstration projects. When the Committee sends this report to Congress, it must also make it public, and it must update the report every 5 years or more often if needed. (h) Procedures for calculating, monitoring, and analyzing greenhouse gas intensity. The Secretary, working with the Committee and the National Institute of Standards and Technology, must develop standards and best practices for measuring, tracking, and analyzing greenhouse gas intensity. Before doing so, the Secretary must give the public notice and a chance to comment. (i) Demonstration projects. If Congress provides the money, the Secretary must support demonstration projects that meet five goals: they cut greenhouse gas intensity below what current U.S. technology achieves; they get the most return on federal money spent; they show clear public-private partnership roles; they could produce a large cut in greenhouse gas intensity if commercialized; and they help build a mix of different technologies so the government isn't betting on just one. Anyone getting money for a demonstration project must share costs as required by another law, section 16352. Congress may appropriate whatever money is needed to run this part. (j) Cooperative research and development agreements. While carrying out greenhouse-gas-intensity-reduction research and technology deployment work under this subtitle, the Secretary may enter cooperative research and development agreements — a type of partnership authorized under a separate law, section 3710a of title 15.
the actual law source: uscode.house.gov ↗public domain
(a) Definitions

In this section:

(1) Advisory Committee

The term “Advisory Committee” means the Climate Change Technology Advisory Committee established under subsection (f)(1).

(2) Carbon sequestration

The term “carbon sequestration” means the capture of carbon dioxide through terrestrial, geological, biological, or other means, which prevents the release of carbon dioxide into the atmosphere.

(3) Committee

The term “Committee” means the Committee on Climate Change Technology established under subsection (b)(1).

(4) Developing country

The term “developing country” has the meaning given the term in section 13387(m) of this title.

(5) Greenhouse gas

The term “greenhouse gas” means—

(A)

carbon dioxide;

(B)

methane;

(C)

nitrous oxide;

(D)

hydrofluorocarbons;

(E)

perfluorocarbons; and

(F)

sulfur hexafluoride.

(6) Greenhouse gas intensity

The term “greenhouse gas intensity” means the ratio of greenhouse gas emissions to economic output.

(7) National Laboratory

The term “National Laboratory” has the meaning given the term in section 15801(3) 1 of this title.

(b) Committee on Climate Change Technology
(1) In general

Not later than 180 days after August 8, 2005, the President shall establish a Committee on Climate Change Technology to—

(A)

integrate current Federal climate reports; and

(B)

coordinate Federal climate change technology activities and programs carried out in furtherance of the strategy developed under subsection (c)(1).

(2) Membership

The Committee shall be composed of at least 7 members, including—

(A)

the Secretary, who shall chair the Committee;

(B)

the Secretary of Commerce;

(C)

the Chairman of the Council on Environmental Quality;

(D)

the Secretary of Agriculture;

(E)

the Administrator of the Environmental Protection Agency;

(F)

the Secretary of Transportation;

(G)

the Director of the Office of Science and Technology Policy; and

(H)

other representatives as may be determined by the President.

(3) Staff

The members of the Committee shall provide such personnel as are necessary to enable the Committee to perform its duties.

(c) National climate change technology policy
(1) In general

Not later than 18 months after August 8, 2005, the Committee shall, based on applicable Federal climate reports, submit to the Secretary and the President a national strategy to promote the deployment and commercialization of greenhouse gas intensity reducing technologies and practices developed through research and development programs conducted by the National Laboratories, other Federal research facilities, institutions of higher education, and the private sector.

(2) Updates

The Committee shall—

(A)

at the time of submission of the strategy to the President under paragraph (1), also make the strategy available to the public; and

(B)

update the strategy every 5 years, or more frequently as the Committee determines to be necessary.

(d) Climate Change Technology Program

Not later than 180 days after the date on which the Committee is established under subsection (b)(1), the Secretary, in consultation with the Committee, shall establish within the Department of Energy the Climate Change Technology Program to—

(1)

assist the Committee in the interagency coordination of climate change technology research, development, demonstration, and deployment to reduce greenhouse gas intensity; and

(2)

carry out the programs authorized under this section.

(e) Technology inventory
(1) In general

The Secretary shall conduct and make public an inventory and evaluation of greenhouse gas intensity reducing technologies that have been developed, or are under development, by the National Laboratories, other Federal research facilities, institutions of higher education, and the private sector to determine which technologies are suitable for commercialization and deployment.

(2) Report

Not later than 180 days after the completion of the inventory under paragraph (1), the Secretary shall submit to Congress a report that includes the results of the completed inventory and any recommendations of the Secretary.

(3) Use

The Secretary shall use the results of the inventory as guidance in the commercialization and deployment of greenhouse gas intensity reducing technologies.

(4) Updated inventory

The Secretary shall—

(A)

periodically update the inventory under paragraph (1), including when determined necessary by the Committee; and

(B)

make the updated inventory available to the public.

(f) Climate Change Technology Advisory Committee
(1) In general

The Secretary, in consultation with the Committee, may establish under section 7234 of this title a Climate Change Technology Advisory Committee to identify statutory, regulatory, economic, and other barriers to the commercialization and deployment of greenhouse gas intensity reducing technologies and practices in the United States.

(2) Composition

The Advisory Committee shall be composed of the following members, to be appointed by the Secretary, in consultation with the Committee:

(A)

1 representative shall be appointed from each National Laboratory.

(B)

3 members shall be representatives of energy-producing trade organizations.

(C)

3 members shall represent energy-intensive trade organizations.

(D)

3 members shall represent groups that represent end-use energy and other consumers.

(E)

3 members shall be employees of the Federal Government who are experts in energy technology, intellectual property, and tax.

(F)

3 members shall be representatives of institutions of higher education with expertise in energy technology development that are recommended by the National Academy of Engineering.

(3) Report

Not later than 1 year after August 8, 2005, and annually thereafter, the Advisory Committee shall submit to the Committee a report that describes—

(A)

the findings of the Advisory Committee; and

(B)

any recommendations of the Advisory Committee for the removal or reduction of barriers to commercialization, deployment, and increasing the use of greenhouse gas intensity reducing technologies and practices.

(g) Greenhouse gas intensity reducing technology deployment
(1) In general

Based on the strategy developed under subsection (c)(1), the technology inventory conducted under subsection (e)(1), the greenhouse gas intensity reducing technology study report submitted under subsection (e)(2), and reports under subsection (f)(3), if any, the Committee shall develop recommendations that would provide for the removal of domestic barriers to the commercialization and deployment of greenhouse gas intensity reducing technologies and practices.

(2) Requirements

In developing the recommendations under paragraph (1), the Committee shall consider in the aggregate—

(A)

the cost-effectiveness of the technology;

(B)

fiscal and regulatory barriers;

(C)

statutory and other barriers; and

(D)

intellectual property issues.

(3) Demonstration projects

In developing recommendations under paragraph (1), the Committee may identify the need for climate change technology demonstration projects.

(4) Report

Not later than 18 months after August 8, 2005, the Committee shall submit to the President and Congress a report that—

(A)

identifies, based on the report submitted under subsection (f)(3), any barriers to, and commercial risks associated with, the deployment of greenhouse gas intensity reducing technologies; and

(B)

includes a plan for carrying out demonstration projects.

(5) Updates

The Committee shall—

(A)

at the time of submission of the report to Congress under paragraph (4), also make the report available to the public; and

(B)

update the report every 5 years, or more frequently as the Committee determines to be necessary.

(h) Procedures for calculating, monitoring, and analyzing greenhouse gas intensity

The Secretary, in collaboration with the Committee and the National Institute of Standards and Technology, and after public notice and opportunity for comment, shall develop standards and best practices for calculating, monitoring, and analyzing greenhouse gas intensity.

(i) Demonstration projects
(1) In general

The Secretary shall, subject to the availability of appropriations, support demonstration projects that—

(A)

increase the reduction of the greenhouse gas intensity to levels below that which would be achieved by technologies being used in the United States as of August 8, 2005;

(B)

maximize the potential return on Federal investment;

(C)

demonstrate distinct roles in public-private partnerships;

(D)

produce a large-scale reduction of greenhouse gas intensity if commercialization occurred; and

(E)

support a diversified portfolio to mitigate the uncertainty associated with a single technology.

(2) Cost sharing

In supporting a demonstration project under this subsection, the Secretary shall require cost-sharing in accordance with section 16352 of this title.

(3) Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this subsection.

(j) Cooperative research and development agreements

In carrying out greenhouse gas intensity reduction research and technology deployment activities under this subtitle,2 the Secretary may enter into cooperative research and development agreements under section 3710a of title 15.

Source credit: (Pub. L. 102–486, title XVI, § 1610, as added Pub. L. 109–58, title XVI, § 1601, Aug. 8, 2005, 119 Stat. 1109.)

history & why it existsrecord from the source credit
  • 2005Enacted · Pub. L. 102-486 · 119 Stat. 1109

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-486 on 2005-08-08.

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