§ 12005. Demonstration and commercial application projects

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1989

   Pub. L. 101–218 § 6 · 103 Stat. 1859

   Enacted · 42 U.S.C. § 12005

   Pub. L. 101–218, § 6, Dec. 11, 1989, 103 Stat. 1863

   Source evidence

   Code source credit
   Pub. L. 101–218, § 6, Dec. 11, 1989, 103 Stat. 1863

   Enacted provision · exact public law section
   SEC. 6. JOINT VENTURES. (a) Findings and Purpose.— (1) Findings.— For purposes of this section, Congress finds that joint ventures can— (A) improve coordination in technology development among firms in industries attempting to commercialize renewable energy and energy efficiency technologies; (B) facilitate transfer of renewable energy and energy efficiency technologies, including critical enabling technologies, to the private sector; and (C) enhance the ability of domestic firms to compete with foreign enterprises in sales of renewable energy and energy efficiency technologies. (2) Purpose.— The purpose of this section is to direct the Secretary to make use of joint ventures to further commercialization of renewable energy and energy efficiency technologies. (b) Joint Ventures.— (1) Establishment.— The Secretary shall solicit proposals for joint ventures in each of the technology areas under subsection (c). The Secretary shall select at least one joint venture in each of those technology areas, unless no qualified proposals in that area are received. Each joint venture selected under this section shall include at least one for-profit business. Research and development activities supported under this section shall be performed in the United States. Each joint venture under this section shall require the manufacture and reproduction, substantially within the United States, for commercial sale of any invention that may result from the joint venture. (2) Cost sharing.— (A) The Secretary shall require at least 50 percent of the costs directly and specifically related to any joint venture under this section, including cash, personnel, services, equipment, and other resources, to be provided from non-Federal sources. (B) The Secretary may reduce the amount of the costs required to be provided by any joint venture under subparagraph (A) upon application if the Secretary determines that— (i) the joint venture is composed exclusively of small businesses or of small businesses and nonprofit entities; and (ii) the reduction is appropriate and necessary for the successful operation of the proposed joint venture. (C) The extent of cost sharing provided under proposals shall be a criterion for selection of proposals under this section. (3) Advisory committee.— (A) The Secretary shall establish an Advisory Committee on Renewable Energy and Energy Efficiency Joint Ventures (hereafter in this Act referred to as the “Advisory Committee”) to advise the Secretary on the develop ment of the solicitation and evaluation criteria for joint ventures, and on otherwise carrying out his responsibilities under this section. The Secretary shall appoint members to the Advisory Committee, including at least one member representing— (i) the Secretary of Commerce; (ii) the National Laboratories of the Department of Energy; (iii) the Solar Energy Research Institute; (iv) the Electric Power Research Institute; (v) the Gas Research Institute; (vi) the National Institute of Building Sciences; (vii) the National Institute of Standards and Technology; (viii) associations of firms in the major renewable energy manufacturing industries; and (ix) associations of firms in the major energy efficiency manufacturing industries. The Advisory Committee may establish such subcommittees as it considers necessary to carry out this Act. (B) The Advisory Committee, within 120 days after its establishment, shall provide the Secretary with recommendations regarding the structure and selection criteria for a solicitation of proposals for joint ventures. The Advisory Committee shall also advise the Secretary from time to time on the implementation of the joint venture program. Recommendations of Public information. the Advisory Committee shall be available to the public. (4) Draft solicitation and public comment.— The Secretary shall issue a draft solicitation for joint ventures by September 30, 1990. After such draft solicitation has been issued, the Secretary shall provide for a period of public comment before the issuance of a final solicitation. (5) Protection of proprietary rights.— Joint ventures, participants in joint ventures, and inventions developed as a result of joint ventures under this section shall be subject to section 5 of the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 (15 U.S.C. 5104). (c) Technologie.— (1) Photovoltaics technology.— (A) The Secretary shall solicit proposals for and provide financial assistance to at least one joint venture for the demonstration of photovoltaic conversion of solar energy in accordance with the provisions of this paragraph. (B) The purpose of joint ventures supported under this paragraph shall be to design, test, and demonstrate critical enabling technologies for photovoltaic conversion of solar energy so as to achieve, to the maximum extent practicable, the goals of the Photovoltaic Energy Systems Program set forth in section 4(a)(2), as those goals may be amended under section 4(b). (C) There are authorized to be appropriated to the Secretary not to exceed $2,700,000 for each of the fiscal years 1991, 1992, and 1993 to carry out this paragraph. (2) Wind energy technology.— (A) The Secretary shall solicit proposals for and provide financial assistance to at least one joint venture for the demonstration of the conversion of wind energy in accordance with the provisions of this paragraph. (B) The purpose of joint ventures supported under this paragraph shall be to design, test, and demonstrate critical enabling technologies for the conversion of wind energy so as to achieve, to the maximum extent practicable, the goals of the Wind Energy Research Program set forth in section 4(a)(1), as those goals may be amended under section 4(b). (C) There are authorized to be appropriated to the Secretary Appropriation authorization. not to exceed $2,700,000 for each of the fiscal years 1991, 1992, and 1993 to carry out this paragraph. (3) Solar thermal technology.— (A) The Secretary shall solicit proposals for and provide financial assistance to at least one joint venture for the demonstration of the use of solar thermal energy in accordance with the provisions of this paragraph. (B) The purpose of joint ventures supported under this paragraph shall be to design, test, and demonstrate critical enabling technologies for the use of solar thermal energy so as to achieve, to the maximum extent practicable, the goals of the Solar Thermal Energy Systems Program set forth in section 4(a)(3), as those goals may be amended under section 4(b). (C) There are authorized to be appropriated to the Secretary Appropriation authorization. not to exceed $2,400,000 for each of the fiscal years 1991, 1992, and 1993 to carry out this paragraph. (4) Factory-made housing.— (A) The Secretary shall solicit proposals for and provide financial assistance to at least one joint venture in order to establish regional projects to develop or demonstrate techniques to improve the energy performance of factory-made housing offered by United States firms. In locating projects under this paragraph, the Secretary shall consider regional differences in housing needs, housing design, construction technique, marketing practices, and construction materials. (B) Projects supported pursuant to this paragraph shall be designed to demonstrate state-of-the-art product quality, energy efficiency, and adaptability to renewable forms of energy of factory made housing offered for sale in the United States. Such projects shall— (i) be structured to demonstrate improvements in housing design, fabrication, delivery systems, construction processes, and marketing; (ii) develop a detailed characterization of the needs of the home building industry; (iii) establish a close working relationship with all sectors of the home building industry; and (iv) be coordinated to pool and conserve resources. (C) There are authorized to be appropriated to the Secretary Appropriation authorization. not to exceed $5,000,000 for each of the fiscal years 1991, 1992, and 1993 to carry out this paragraph. (5) Advanced district cooling technology.— (A) The Secretary Urban areas. shall solicit proposals for and provide financial assistance to at least one joint venture for the demonstration of advanced district cooling technologies that are applicable in cities with high cooling loads, in accordance with the provisions of this paragraph. (B) The purpose of joint ventures supported under this paragraph State and local governments. shall be to develop technical strategies for decreasing the capital cost and increasing the energy efficiency of major district heating and cooling system components and to assist in making district cooling available to local governments. (C) The Secretary shall select a city or cities for application of advanced district cooling technologies developed by joint ventures supported under this paragraph. The activities to be carried out in such application shall include district cooling assessment, feasibility, and engineering design studies. (D) There are authorized to be appropriated to the Secretary not to exceed $1,000,000 for each of the fiscal years 1991, 1992, and 1993 to carry out this paragraph. (d) Secretarial Discretion.— (1) If the Secretary, based on the recommendations of the Advisory Committee under subsection (b)(3)(B), with respect to a technology described in paragraph (I), (2), (3), (4), or (5) of subsection (c), determines, that— (A) there is insufficient private sector interest in joint ventures for the demonstration of such technology to satisfy the requirement of subsection (b)(2); or (B) such joint ventures will substantially substitute for research, development, and demonstration activities already financed by the private sector, then the Secretary shall not be subject to the requirements of this section with respect to the technology described in such paragraph, and the Secretary shall notify Congress and provide a written explanation of the reasons for the determination. (2) Promptly after notifying the Congress under paragraph (1), the Secretary shall consult with the Advisory Committee, and, based on the recommendations of such Committee, shall promptly transmit to Congress a plan for the selection of a substitute field or technology in which to solicit joint ventures that develop or demonstrate, consistent with this section, an alternative renewable energy or energy efficiency technology so as to accomplish the purpose of this Act. Any unexpended funds authorized to be appropriated under subsection (c) for joint ventures with respect to which a determination is made under paragraph (1) may be used for a substitute joint venture selected under this paragraph. (3) When 30 calendar days have elapsed after transmittal of a plan under paragraph (2), the Secretary shall proceed with solicitations for joint ventures appropriate to that plan as if such joint ventures were required under subsection (c). (e) Additional Joint Ventures.— (1) The Secretary shall recommend to the Congress three additional joint ventures in the fields of renewable energy or energy efficiency technologies for fiscal year 1993. Each proposed project shall be described in sufficient detail to support congressional authorization. (2) In selecting proposed projects under this subsection, the Secretary shall consider the recommendations of the Advisory Committee, and shall take into account the extent to which such projects will contribute to earlier commercialization of key technologies than might not occur without Federal support under this subsection, and the extent to which such projects will contribute to the competitiveness of United States firms engaged in international trade in renewable energy or energy efficiency technologies. (3) Joint ventures supported pursuant to a recommendation under this subsection shall be carried out as if they were required under subsection (c).

2. 1992

   Energy Policy Act of 1992

   Pub. L. 102–486 title XII § 1202(a) · 106 Stat. 2776

   1. Amended · 42 U.S.C. § 12005

      Pub. L. 102–486 amended section generally

   2. Substituted · 42 U.S.C. § 12005

      Pub. L. 102–486 substituting provisions relating to demonstration and commercial application projects for renewable energy and energy efficiency technologies for provisions relating to use of joint ventures to further commercialization of renewable energy and energy efficiency technologies

   Source evidence

   Code amendment note
   Pub. L. 102–486 amended section generally, substituting provisions relating to demonstration and commercial application projects for renewable energy and energy efficiency technologies for provisions relating to use of joint ventures to further commercialization of renewable energy and energy efficiency technologies.

   Enacted provision · exact public law section
   (a) Demonstration and Commercial Application Projects.— Section 6 of the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 (42 U.S.C. 12005) is amended to read as follows: “SEC. 6. DEMONSTRATION AND COMMERCIAL APPLICATION PROJECTS. “(a) Purpose.— The purpose of this section is to direct the Secretary to further the commercialization of renewable energy and energy efficiency technologies through a five-year program. “(b) Demonstration and Commercial Application Projects.— “(1) Establishment.— (A) The Secretary shall solicit proposals for demonstration and commercial application projects for renewable energy and energy efficiency technologies pursuant to subsection (c). Such projects may include projects for— “(i) the production and sale of electricity, thermal energy, or other forms of energy using a renewable energy technology; “(ii) increasing the efficiency of energy use; and “(iii) improvements in, or expansion of, facilities for the manufacture of renewable energy or energy efficiency technologies. “(B) Requirements.— Each project selected under this section shall include at least one for-profit business. Activities supported under this section shall be performed in the United States. Each project under this section shall require the manufacture and reproduction substantially within the United States for commercial sale of any invention or product that may result from the project. “(2) Forms of financial assistance.— (A) In supporting projects selected under subsection (c), the Secretary may choose from among the forms of agreements described in section 3001 of the Energy Policy Act of 1992. “(B) In supporting projects selected under subsection (c), the Secretary may also enter into agreements with private lenders to pay a portion of the interest on loans made for such projects. “(3) Cost sharing.— Cost sharing for projects under this section shall be conducted according to the procedures described in section 3002 (b) and (c) of the Energy Policy Act of 1992. “(4) Advisory committee.— (A) The Secretary shall establish an Advisory Committee on Demonstration and Commercial Application of Renewable Energy and Energy Efficiency Technologies (in this Act referred to as the ‘Advisory Committee’) to advise the Secretary on the development of the solicitation and evaluation criteria for projects under this section, and on otherwise carrying out his responsibilities under this section. The Secretary shall appoint members to the Advisory Committee, including at least one member representing— “(i) the Secretary of Commerce; “(ii) the National Laboratories of the Department of Energy; “(iii) the Solar Energy Research Institute; “(iv) the Electric Power Research Institute; “(v) the Gas Research Institute; “(vi) the National Institute of Building Sciences; “(vii) the National Institute of Standards and Technology; “(viii) associations of firms in the major renewable energy manufacturing industries; and “(ix) associations of firms in the major energy efficiency manufacturing industries. Nothing in this subparagraph shall be construed to require the Secretary to reestablish the Advisory Committee in place under this subsection as of the date of enactment of the Energy Policy Act of 1992, or to perform again any duties performed by such advisory committee before such date of enactment. “(B) Not later than 18 months after the date of the enactment Reports. of the Energy Policy Act of 1992, the Advisory Committee shall provide the Secretary with a report assessing the implementation of the program under this section, including specific recommendations for improvements or changes to the program and solicitation process. The Secretary shall transmit such report and, if any, the Secretary’s recommendations to the Congress. “(c) Selection of Projects.— “(1) Solicitation.— (A) Not later than 9 months after the date of the enactment of the Energy Policy Act of 1992, the Secretary shall solicit proposals for projects under this section. The Secretary may make additional solicitations for proposals if the Secretary determines that such solicitations are necessary to carry out this section. “(B) A solicitation for proposals under this paragraph shall establish a closing date for receipt of proposals. The Secretary may, if necessary, extend the closing date for receipt of proposals for a period not to exceed 90 days. “(C) Each solicitation under this paragraph shall include a description of the criteria, developed by the Secretary, accord-ing to which proposals will be evaluated. In developing such criteria, the Secretary shall consider— “(i) the need for Federal involvement to commercialize the technology or speed commercialization of the technology; “(ii) the potential for the technology to have significant market penetration; “(iii) the potential energy efficiency gains or energy supply contributions of the technology; “(iv) potential environmental improvements associated with the technology; “(v) the export potential of the technology; “(vi) the likelihood that the proposal is technically sufficient to achieve the objective of the solicitation; “(vii) the degree to which non-Federal financial participation is involved in the proposal; “(viii) the business and financial history of the proposer or proposers; and “(ix) any other factor the Secretary considers appropriate. “(2) Project technologies.— Projects under this section may include the following technologies: “(A) Conversion of cellulosic biomass to liquid fuels. “(B) Ethanol and ethanol byproduct processes. “(C) Direct combustion or gasification of biomass. “(D) Biofuels energy systems. “(E) Photovoltaics, including utility scale and remote applications. “(F) Solar thermal, including solar water heating. “(G) Wind energy. “(H) High temperature and low temperature geothermal energy. “(I) Fuel cells, including transportation and stationary applications. “(J) Nondefense high-temperature superconducting electricity technology. “(K) Source reduction technology. “(L) Factory-made housing. “(M) Advanced district cooling. “(3) Project selection.— The Secretary shall, within 120 days after the closing date established under paragraph (1)(B), select proposals to receive financial assistance under this section. In selecting proposals under this paragraph, the Secretary shall— “(A) consider each proposal’s ability to meet the criteria developed pursuant to paragraph (1 )(C); and “(B) attempt to achieve technological and geographic diversity. “(d) Authorization of Appropriations.— There are authorized to be appropriated to the Secretary for carrying out this section $50,000,000 for fiscal year 1994.

3 of 3 references resolved to an enrolled provision