Title 42 — The Public Health and Welfare
Part D · Chapter 152 — Energy Independence and Security
§ 17111. Future of industry program
Statutory text
Definitions
In this section:
Eligible entity
The term “eligible entity” means—
an energy-intensive industry;
a national trade association representing an energy-intensive industry; or
a person acting on behalf of 1 or more energy-intensive industries or sectors, as determined by the Secretary.
Energy-intensive industry
The term “energy-intensive industry” means an industry that uses significant quantities of energy as part of its primary economic activities, including—
information technology, including data centers containing electrical equipment used in processing, storing, and transmitting digital information;
consumer product manufacturing;
food processing;
materials manufacturers, including—
aluminum;
chemicals;
forest and paper products;
metal casting;
glass;
petroleum refining;
mining; and
steel;
water and wastewater treatment facilities, including systems that treat municipal, industrial, and agricultural waste; and
other energy-intensive industries, as determined by the Secretary.
Feedstock
The term “feedstock” means the raw material supplied for use in manufacturing, chemical, and biological processes.
Partnership
The term “partnership” means an energy efficiency partnership established under subsection (c)(1)(A).
Program
The term “program” means the energy-intensive industries program established under subsection (b).
Establishment of program
The Secretary shall establish a program under which the Secretary, in cooperation with energy-intensive industries and national industry trade associations representing the energy-intensive industries, shall support, research, develop, and promote the use of new materials processes, technologies, and techniques to optimize energy efficiency and the economic competitiveness of the United States’ industrial and commercial sectors.
Partnerships
In general
As part of the program, the Secretary shall establish energy efficiency partnerships between the Secretary and eligible entities to conduct research on, develop, and demonstrate new processes, technologies, and operating practices and techniques to significantly improve the energy efficiency of equipment and processes used by energy-intensive industries, including the conduct of activities to—
increase the energy efficiency of industrial processes and facilities;
research, develop, and demonstrate advanced technologies capable of energy intensity reductions and increased environmental performance; and
promote the use of the processes, technologies, and techniques described in subparagraphs (A) and (B).
Eligible activities
Partnership activities eligible for funding under this subsection include—
feedstock and recycling research, development, and demonstration activities to identify and promote—
opportunities for meeting industry feedstock requirements with more energy efficient and flexible sources of feedstock or energy supply;
strategies to develop and deploy technologies that improve the quality and quantity of feedstocks recovered from process and waste streams; and
other methods using recycling, reuse, and improved industrial materials;
research to develop and demonstrate technologies and processes that utilize alternative energy sources to supply heat, power, and new feedstocks for energy-intensive industries;
research to achieve energy efficiency in steam, power, control system, and process heat technologies, and in other manufacturing processes; and
industrial and commercial energy efficiency and sustainability assessments to—
assist individual industrial and commercial sectors in developing tools, techniques, and methodologies to assess—
the unique processes and facilities of the sectors;
the energy utilization requirements of the sectors; and
the application of new, more energy efficient technologies; and
conduct energy savings assessments;
the incorporation of technologies and innovations that would significantly improve the energy efficiency and utilization of energy-intensive commercial applications; and
any other activities that the Secretary determines to be appropriate.
Proposals
In general
To be eligible for funding under this subsection, a partnership shall submit to the Secretary a proposal that describes the proposed research, development, or demonstration activity to be conducted by the partnership.
Review
After reviewing the scientific, technical, and commercial merit of a proposals 1 submitted under subparagraph (A), the Secretary shall approve or disapprove the proposal.
Competitive awards
The provision of funding under this subsection shall be on a competitive basis.
Cost-sharing requirement
In carrying out this section, the Secretary shall require cost sharing in accordance with section 16352 of this title.
Grants
The Secretary may award competitive grants for innovative technology research, development and demonstrations to universities, individual inventors, and small companies, based on energy savings potential, commercial viability, and technical merit.
Authorization of appropriations
In general
There are authorized to be appropriated to the Secretary to carry out this section—
$184,000,000 for fiscal year 2008;
$190,000,000 for fiscal year 2009;
$196,000,000 for fiscal year 2010;
$202,000,000 for fiscal year 2011;
$208,000,000 for fiscal year 2012; and
such sums as are necessary for fiscal year 2013 and each fiscal year thereafter.
Partnership activities
Of the amounts made available under paragraph (1), not less than 50 percent shall be used to pay the Federal share of partnership activities under subsection (c).
Coordination and nonduplication
The Secretary shall coordinate efforts under this section with other programs of the Department and other Federal agencies to avoid duplication of effort.
Footnotes
- 1 So in original.
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.
Energy Independence and Security Act of 2007
Pub. L. 110–140 title IV § 452 · 121 Stat. 1492
Enacted · 42 U.S.C. § 17111
Pub. L. 110–140, title IV, § 452, Dec. 19, 2007, 121 Stat. 1634
Source evidence
Code source credit
Pub. L. 110–140, title IV, § 452, Dec. 19, 2007, 121 Stat. 1634Enacted provision · exact public law section
SEC. 452. ENERGY-INTENSIVE INDUSTRIES PROGRAM. (a) Definitions.— In this section: (1) Eligible entity.— The term “eligible entity” means— (A) an energy-intensive industry; (B) a national trade association representing an energy-intensive industry; or (C) a person acting on behalf of 1 or more energy-intensive industries or sectors, as determined by the Secretary. (2) Energy-intensive industry.— The term “energy-intensive industry” means an industry that uses significant quantities of energy as part of its primary economic activities, including— (A) information technology, including data centers containing electrical equipment used in processing, storing, and transmitting digital information; (B) consumer product manufacturing; (C) food processing; (D) materials manufacturers, including— (i) aluminum; (ii) chemicals; (iii) forest and paper products; (iv) metal casting; (v) glass; (vi) petroleum refining; (vii) mining; and (viii) steel; (E) other energy-intensive industries, as determined by the Secretary. (3) Feedstock.— The term “feedstock” means the raw material supplied for use in manufacturing, chemical, and biological processes. (4) Partnership.— The term “partnership” means an energy efficiency partnership established under subsection (c)(1)(A). (5) Program.— The term “program” means the energy-intensive industries program established under subsection (b). (b) Establishment of Program.— The Secretary shall establish a program under which the Secretary, in cooperation with energy-intensive industries and national industry trade associations representing the energy-intensive industries, shall support, research, develop, and promote the use of new materials processes, technologies, and techniques to optimize energy efficiency and the economic competitiveness of the United States’ industrial and commercial sectors. (c) Partnerships.— (1) In general.— As part of the program, the Secretary shall establish energy efficiency partnerships between the Secretary and eligible entities to conduct research on, develop, and demonstrate new processes, technologies, and operating practices and techniques to significantly improve the energy efficiency of equipment and processes used by energy-intensive industries, including the conduct of activities to— (A) increase the energy efficiency of industrial processes and facilities; (B) research, develop, and demonstrate advanced technologies capable of energy intensity reductions and increased environmental performance; and (C) promote the use of the processes, technologies, and techniques described in subparagraphs (A) and (B). (2) Eligible activities.— Partnership activities eligible for funding under this subsection include— (A) feedstock and recycling research, development, and demonstration activities to identify and promote— (i) opportunities for meeting industry feedstock requirements with more energy efficient and flexible sources of feedstock or energy supply; (ii) strategies to develop and deploy technologies that improve the quality and quantity of feedstocks recovered from process and waste streams; and (iii) other methods using recycling, reuse, and improved industrial materials; (B) research to develop and demonstrate technologies and processes that utilize alternative energy sources to supply heat, power, and new feedstocks for energy-intensive industries; (C) research to achieve energy efficiency in steam, power, control system, and process heat technologies, and in other manufacturing processes; and (D) industrial and commercial energy efficiency and sustainability assessments to— (i) assist individual industrial and commercial sectors in developing tools, techniques, and methodologies to assess— (I) the unique processes and facilities of the sectors; (II) the energy utilization requirements of the sectors; and (III) the application of new, more energy efficient technologies; and (ii) conduct energy savings assessments; (E) the incorporation of technologies and innovations that would significantly improve the energy efficiency and utilization of energy-intensive commercial applications; and (F) any other activities that the Secretary determines to be appropriate. (3) Proposals.— (A) In general.— To be eligible for funding under this subsection, a partnership shall submit to the Secretary a proposal that describes the proposed research, development, or demonstration activity to be conducted by the partnership. (B) Review.— After reviewing the scientific, technical, and commercial merit of a proposals submitted under subparagraph (A), the Secretary shall approve or disapprove the proposal. (C) Competitive awards.— The provision of funding under this subsection shall be on a competitive basis. (4) Cost-sharing requirement.— In carrying out this section, the Secretary shall require cost sharing in accordance with section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352). (d) Grants.— The Secretary may award competitive grants for innovative technology research, development and demonstrations to universities, individual inventors, and small companies, based on energy savings potential, commercial viability, and technical merit. (e) Institution of Higher Education-Based Industrial Research and Assessment Centers.— The Secretary shall provide funding to institution of higher education-based industrial research and assessment centers, whose purpose shall be— (1) to identify opportunities for optimizing energy efficiency and environmental performance; (2) to promote applications of emerging concepts and technologies in small- and medium-sized manufacturers; (3) to promote research and development for the use of alternative energy sources to supply heat, power, and new feedstocks for energy-intensive industries; (4) to coordinate with appropriate Federal and State research offices, and provide a clearinghouse for industrial process and energy efficiency technical assistance resources; and (5) to coordinate with State-accredited technical training centers and community colleges, while ensuring appropriate services to all regions of the United States. (f) Authorization of Appropriations.— (1) In general.— There are authorized to be appropriated to the Secretary to carry out this section— (A) $184,000,000 for fiscal year 2008; (B) $190,000,000 for fiscal year 2009; (C) $196,000,000 for fiscal year 2010; (D) $202,000,000 for fiscal year 2011; (E) $208,000,000 for fiscal year 2012; and (F) such sums as are necessary for fiscal year 2013 and each fiscal year thereafter. (2) Partnership activities.— Of the amounts made available under paragraph (1), not less than 50 percent shall be used to pay the Federal share of partnership activities under subsection (c). (3) Coordination and nonduplication.— The Secretary shall coordinate efforts under this section with other programs of the Department and other Federal agencies to avoid duplication of effort.Infrastructure Investment and Jobs Act
Pub. L. 117–58 § 40521(a)(1)(A) · 135 Stat. 429
Substituted · 42 U.S.C. § 17111
Pub. L. 117–58, § 40521(a)(1)(A), substituted “Future of industry program” for “Energy-intensive industries program” in section catchline
Source evidence
Code amendment note
Pub. L. 117–58, § 40521(a)(1)(A), substituted “Future of industry program” for “Energy-intensive industries program” in section catchline.Enacted provision · exact public law section
(A) by striking the section heading and inserting the following: “future of industry program”;Infrastructure Investment and Jobs Act
Pub. L. 117–58 § 40521(a)(1)(B) · 135 Stat. 429
Added · 42 U.S.C. § 17111(a)(2)(E); 42 U.S.C. § 17111(a)(2)(F)
Pub. L. 117–58, § 40521(a)(1)(B), added subpar. (E)
Redesignated · 42 U.S.C. § 17111(a)(2)(E); 42 U.S.C. § 17111(a)(2)(F)
Pub. L. 117–58, § 40521(a)(1)(B), redesignated former subpar. (E) as (F)
Source evidence
Code amendment note
Subsec. (a)(2)(E), (F). Pub. L. 117–58, § 40521(a)(1)(B), added subpar. (E) and redesignated former subpar. (E) as (F).Enacted provision · exact public law section
(B) in subsection (a)(2)— (i) by redesignating subparagraph (E) as subparagraph (F); and (ii) by inserting after subparagraph (D) the following: “(E) water and wastewater treatment facilities, including systems that treat municipal, industrial, and agricultural waste; and” ;Infrastructure Investment and Jobs Act
Pub. L. 117–58 § 40521(a)(1)(C) · 135 Stat. 429
Redesignated · 42 U.S.C. § 17111(e); 42 U.S.C. § 17111(f)
Pub. L. 117–58, § 40521(a)(1)(C), (D), redesignated subsec. (f) as (e)
Struck · 42 U.S.C. § 17111(e); 42 U.S.C. § 17111(f)
Pub. L. 117–58, § 40521(a)(1)(C), (D), struck out former subsec. (e) which related to institution of higher education-based industrial research and assessment centers
Source evidence
Code amendment note
Subsecs. (e), (f). Pub. L. 117–58, § 40521(a)(1)(C), (D), redesignated subsec. (f) as (e) and struck out former subsec. (e) which related to institution of higher education-based industrial research and assessment centers.Enacted provision · exact public law section
(C) by striking subsection (e); and
6 of 6 references resolved to an enrolled provision
Editorial Notes
Amendments
2021—Pub. L. 117–58, § 40521(a)(1)(A), substituted “Future of industry program” for “Energy-intensive industries program” in section catchline.
Subsec. (a)(2)(E), (F). Pub. L. 117–58, § 40521(a)(1)(B), added subpar. (E) and redesignated former subpar. (E) as (F).
Subsecs. (e), (f). Pub. L. 117–58, § 40521(a)(1)(C), (D), redesignated subsec. (f) as (e) and struck out former subsec. (e) which related to institution of higher education-based industrial research and assessment centers.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the date that is 1 day after , see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.
Credits
2007–2021 · 2 acts
- 2007Pub. L. 110–140, title IV, § 452, , 121 Stat. 1634
- 2021Pub. L. 117–58, div. D, title V, § 40521(a)(1), , 135 Stat. 1062.
Show as published
(Pub. L. 110–140, title IV, § 452, , 121 Stat. 1634; Pub. L. 117–58, div. D, title V, § 40521(a)(1), , 135 Stat. 1062.)