42 U.S.C. § 6349 — Process-oriented industrial energy efficiency

(a) Definitions. (1) “Covered industry” means food and food products, lumber and wood products, petroleum and coal products, and every other manufacturing industry in Standard Industrial Classification Codes 20 through 39, or successor codes. (2) “Process-oriented industrial assessment” means identifying production-process opportunities, from introducing materials through final shipping packaging, to improve energy efficiency, reduce environmental impact, and design technology that increases competitiveness and cost-effectively improves product quality; identifying opportunities to improve lighting, heating, ventilation, air conditioning, and the related building envelope; and identifying cost-effective renewable-energy opportunities in the production process and those building systems. (3) “Utility” means a person^*, State^* agency including a municipality, or Federal agency that sells electric or gas energy to retail customers. This section does not define “building envelope” or “opportunity.” (b) Grants. (1) If funds are available, the Secretary^* must give States grants, consistent with State law, to (A) promote energy-efficient technologies in covered industries through universities, nonprofits, State or local governments, technical centers, utilities, trade organizations, or similar institutions; (B) train people, industry by industry, to conduct process-oriented assessments and encourage use of trained assessors; and (C) help utilities develop, test, and evaluate efficiency programs and technologies for industrial customers in covered industries. (2) Grant-receiving States must consult utilities and affected industries as appropriate when deciding the best use of the funds. (3) Within one year after October 24, 1992, the Secretary must set eligibility criteria. An applying State must show that it considered and decided whether to implement the integrated-resource-planning and conservation-and-demand-management standards in 16 U.S.C. 2621(d)(7) and (8), as required by 16 U.S.C. 2621(a), and that its law or regulation lets utilities recover prudently incurred assessment costs and encourages utilities to provide covered industries assessments and financial incentives for efficiency improvements. (4) Each fiscal year, grants go to qualifying States whose applications were submitted at least 60 days before that fiscal year. The Secretary must use a formula based on each State's share of industry value added, measured by the Census of Manufacturers, compared with all qualifying States. (5) After two consecutive fiscal years of grants, a State may receive renewals if funds are available, the Secretary finds the prior two years' funds were properly used, and the State shows utility participation as the Secretary requires. (6) States must, as far as practicable, coordinate these activities with the Department of Energy's Energy Analysis and Diagnostic Centers and the National Institute of Standards and Technology's Manufacturing Technology Centers. (c) Other Federal help. (1) Within two years after October 24, 1992, the Secretary must contract with expert nonprofit organizations to establish and update, as appropriate, industry-by-industry assessment criteria. The criteria must be available to State and local governments, public utility commissions, utilities, affected industries, and other interested parties. (2) The Secretary must create a nationwide directory of organizations offering industrial efficiency assessments, technologies, and services consistent with this section, and make it available to those same groups. (3) The Secretary must create an annual award program for utilities with outstanding or innovative industrial efficiency technology-assistance programs. (4) The Secretary must hold annual meetings of interested parties, including State governments, public utility commissions, utilities, and affected industries. (d) Congress may appropriate amounts needed for this section.