US (United States) Code. Title 42. Chapter 125: Renewable energy and energy efficiency technology competitiveness

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 125 - RENEWABLE ENERGY AND ENERGY

EFFICIENCY TECHNOLOGY COMPETITIVENESS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 125 - RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY

COMPETITIVENESS

-HEAD-

CHAPTER 125 - RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY

COMPETITIVENESS

-MISC1-

Sec.

12001. Finding, purpose, and general authority.

(a) Finding.

(b) Purpose.

(c) General authority.

12002. Definitions.

12003. National goals and multi-year funding for Federal

wind, photovoltaics, and solar thermal programs.

(a) National goals.

(b) Amended goals.

(c) Authorizations.

12004. Energy efficiency authorizations.

12005. Demonstration and commercial application projects.

(a) Purpose.

(b) Demonstration and commercial application

projects.

(c) Selection of projects.

(d) Authorization of appropriations.

12006. Reports.

(a) Report by Secretary.

(b) National renewable energy and energy efficiency

management plan.

(c) Report on options.

12007. No antitrust immunity or defenses.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 5905 of this title.

-End-

-CITE-

42 USC Sec. 12001 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 125 - RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY

COMPETITIVENESS

-HEAD-

Sec. 12001. Finding, purpose, and general authority

-STATUTE-

(a) Finding

The Congress finds that it is in the national security and

economic interest of the United States to foster greater efficiency

in the use of available energy supplies and greater use of

renewable energy technologies.

(b) Purpose

It is the purpose of this chapter to authorize the Secretary of

Energy, acting in accordance with section 13541 of this title, to

pursue an aggressive national program of research, development,

demonstration, and commercial application of renewable energy and

energy efficiency technologies in order to ensure a stable and

secure future energy supply by -

(1) achieving as soon as practicable cost competitive use of

those technologies without need of Federal financial incentives;

(2) establishing long-term Federal research goals and multiyear

funding levels;

(3) directing the Secretary to undertake initiatives to improve

the ability of the private sector to commercialize in the near

term renewable energy and energy efficiency technologies; and

(4) fostering collaborative efforts involving the private

sector through government support of a program of demonstration

and commercial application projects.

(c) General authority

The Secretary, acting in accordance with section 13541 of this

title, is authorized and directed to -

(1) pursue a program of research, development, demonstration,

and commercial application with the private sector, to achieve

the purpose of this chapter, including the goals established

under section 12003 of this title; and

(2) undertake demonstration and commercial application projects

as provided in section 12005 of this title.

-SOURCE-

(Pub. L. 101-218, Sec. 2, Dec. 11, 1989, 103 Stat. 1859; Pub. L.

102-486, title XII, Sec. 1202(d)(1)-(3), Oct. 24, 1992, 106 Stat.

2959, 2960.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (b) and (c)(1), was in the

original "this Act", meaning Pub. L. 101-218, Dec. 11, 1989, 103

Stat. 1859, which is classified principally to this chapter. For

complete classification of this Act to the Code, see Short Title

note below and Tables.

-MISC1-

AMENDMENTS

1992 - Subsec. (b). Pub. L. 102-486, Sec. 1202(d)(1), substituted

"section 13541 of this title" for "authority contained in the

Federal Nonnuclear Energy Research and Development Act of 1974 (42

U.S.C. 5901-5920) and other law applicable to the Secretary" and

"demonstration, and commercial application" for "and

demonstration".

Subsec. (b)(4). Pub. L. 102-486, Sec. 1202(d)(2), substituted

"efforts" for "research and development efforts" and "demonstration

and commercial application projects" for "joint ventures".

Subsec. (c). Pub. L. 102-486, Sec. 1202(d)(3), substituted

"section 13541 of this title, is authorized and directed to - " and

pars. (1) and (2) for "the authority contained in the Federal

Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C.

5901-5920) and other law applicable to the Secretary -

"(1) is authorized and directed to -

"(A) pursue a program of research, development, and

demonstration, including the use of joint ventures with the

private sector, to achieve the purpose of this chapter,

including the goals established under section 12003 of this

title; and

"(B) undertake joint ventures as provided in section 12005 of

this title; and

"(2) is authorized to undertake, from time to time, joint

ventures in technology areas other than those set forth in

section 12005(c) of this title, subject to the conditions set

forth in section 12005(b) of this title."

SHORT TITLE

Section 1 of Pub. L. 101-218 provided: "That this Act [enacting

this chapter and amending sections 6276 and 8243 of this title,

section 2857 of Title 10, Armed Forces, and section 2194 of Title

22, Foreign Relations and Intercourse] may be referred to as the

'Renewable Energy and Energy Efficiency Technology Competitiveness

Act of 1989'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12003 of this title.

-End-

-CITE-

42 USC Sec. 12002 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 125 - RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY

COMPETITIVENESS

-HEAD-

Sec. 12002. Definitions

-STATUTE-

As used in this chapter -

(1) the term "invention" means an invention or discovery that

is patented or for which a patent may be obtained under title 35,

or any novel variety of plant that is protected or for which

plant variety protection may be obtained under the Plant Variety

Protection Act (7 U.S.C. 2321 et seq.) and that is conceived or

reduced to practice as a result of work under an agreement

entered into under this chapter;

(2) the term "non-Federal person" means an entity located in

the United States, the controlling interest (as defined by the

Secretary) of which is held by persons of the United States,

including -

(A) a for-profit business;

(B) a private foundation;

(C) a nonprofit organization such as a university;

(D) a trade or professional society; and

(E) a unit of State or local government;

(3) the term "Secretary" means the Secretary of Energy;

(4) the term "small business", with respect to a participant in

any demonstration and commercial application project under this

chapter, means a private firm that does not exceed the numerical

size standard promulgated by the Small Business Administration

under section 632(a) of title 15 for the Standard Industrial

Classification (SIC) code designated by the Secretary of Energy

as the primary business activity to be undertaken in the

demonstration and commercial application project;

(5) the term "source reduction" means any practice which -

(A) reduces the amount of any hazardous substance, pollutant,

or contaminant entering any waste stream or otherwise released

into the environment, including fugitive emissions, prior to

recycling, treatment, or disposal; and

(B) reduces the hazards to the public health and the

environment associated with the release of such substances,

pollutants, or contaminants,

including equipment or technology modifications, process or

procedure modifications, reformulation or redesign of products,

substitution of raw materials, and improvements in housekeeping,

maintenance, training, and inventory control, but not including

any practice which alters the physical, chemical, or biological

characteristics or the volume of a hazardous substance,

pollutant, or contaminant through a process or activity which

itself is not integral to and necessary for the production of a

product or the providing of a service; (!1)

(6) the term "United States" means the several States, the

District of Columbia, the Commonwealth of Puerto Rico, the United

States Virgin Islands, Guam, American Samoa, the Commonwealth of

the Northern Mariana Islands, and any other Commonwealth,

territory, or possession of the United States.

-SOURCE-

(Pub. L. 101-218, Sec. 3, Dec. 11, 1989, 103 Stat. 1859; Pub. L.

102-486, title XII, Sec. 1202(d)(4), Oct. 24, 1992, 106 Stat.

2960.)

-REFTEXT-

REFERENCES IN TEXT

The Plant Variety Protection Act, referred to in par. (1), is

Pub. L. 91-577, Dec. 24, 1970, 84 Stat. 1542, as amended, which is

classified principally to chapter 57 (Sec. 2321 et seq.) of Title

7, Agriculture. For complete classification of this Act to the

Code, see Short Title note set out under section 2321 of Title 7

and Tables.

-MISC1-

AMENDMENTS

1992 - Pars. (2) to (5). Pub. L. 102-486 redesignated pars. (3)

to (5) as (2) to (4), respectively, in par. (4) substituted "any

demonstration and commercial application project" for "any joint

venture" and "in the demonstration and commercial application

project;" for "in the venture; and", added par. (5), and struck out

former par. (2) which read as follows: " 'joint venture' means any

agreement entered into under this chapter by the Secretary with

more than one or a consortium of non-Federal persons (including a

joint venture under the National Cooperative Research Act of 1984

(15 U.S.C. 4301 et seq.)) for cost-shared research, development, or

demonstration of technologies, but does not include procurement

contracts, grant agreements, or cooperative agreements as those

terms are used in sections 6303, 6304, and 6305 of title 31;".

-FOOTNOTE-

(!1) So in original. Probably should be "; and".

-End-

-CITE-

42 USC Sec. 12003 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 125 - RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY

COMPETITIVENESS

-HEAD-

Sec. 12003. National goals and multi-year funding for Federal wind,

photovoltaics, and solar thermal programs

-STATUTE-

(a) National goals

The following are declared to be the national goals for the wind,

photovoltaics, and solar thermal energy programs being carried out

by the Secretary:

(1) Wind

(A) In general, the goals for the Wind Energy Research Program

include improving design methodologies and developing more

reliable and efficient wind turbines to increase the cost

competitiveness of wind energy. Research efforts shall emphasize

-

(i) activities that address near-term technical problems and

assist private sector exploitation of market opportunities of

the wind energy industry;

(ii) developing technologies such as advanced airfoils and

variable speed generators to increase wind turbine output and

reduce maintenance costs by decreasing structural stress and

fatigue;

(iii) increasing the basic knowledge of aerodynamics,

structural dynamics, fatigue, and electrical systems

interactions as applied to wind energy technology; and

(iv) improving the compatibility of electricity produced from

wind farms with conventional utility needs.

(B) Specific goals for the Wind Energy Research Program shall

be to -

(i) reduce average wind energy costs to 3 to 5 cents per

kilowatt hour by 1995;

(ii) reduce capital costs of new wind energy systems to $500

to $750 per kilowatt of installed capacity by 1995;

(iii) reduce operation and maintenance costs for wind energy

systems to less than one cent per kilowatt hour by 1995; and

(iv) increase capacity factors for new wind energy systems to

25 to 35 percent by 1995.

(2) Photovoltaics

(A) In general, the goals of the Photovoltaic Energy Systems

Program shall include improving the reliability and conversion

efficiencies of and lowering the costs of photovoltaic

conversion. Research efforts shall emphasize advancements in the

performance, stability, and durability of photovoltaic materials.

(B) Specific goals of the Photovoltaic Energy Systems Program

shall be to -

(i) improve operational reliability of photovoltaic modules

to 30 years by 1995;

(ii) increase photovoltaic conversion efficiencies by 20

percent by 1995;

(iii) decrease new photovoltaic module direct manufacturing

costs to $800 per kilowatt by 1995; and

(iv) increase cost efficiency of photovoltaic power

production to 10 cents per kilowatt hour by 1995.

(3) Solar thermal

(A) In general, the goal of the Solar Thermal Energy Systems

Program shall be to advance research and development to a point

where solar thermal technology is cost-competitive with

conventional energy sources, and to promote the integration of

this technology into the production of industrial process heat

and the conventional utility network. Research and development

shall emphasize development of a thermal storage technology to

provide capacity for shifting power to periods of demand when

full insolation is not available; improvement in receivers,

energy conversion devices, and innovative concentrators using

stretch membranes, lenses, and other materials; and exploration

of advanced manufacturing techniques.

(B) Specific goals of the Solar Thermal Energy Systems Program

shall be to -

(i) reduce solar thermal costs for industrial process heat to

$9.00 per million Btu by 1995; and

(ii) reduce average solar thermal costs for electricity to 4

to 5 cents per kilowatt hour by 1995.

(4) Alcohol from biomass

(A) In general, the goal of the Alcohol From Biomass Program

shall be to advance research and development to a point where

alcohol from biomass technology is cost-competitive with

conventional hydrocarbon transportation fuels, and to promote the

integration of this technology into the transportation fuel

sector of the economy.

(B)(i) Specific goals for producing ethanol from biomass shall

be to -

(I) reduce the cost of alcohol to 70 cents per gallon;

(II) improve the overall biomass carbohydrate conversion

efficiency to 91 percent;

(III) reduce the capital cost component of the cost of

alcohol to 23 cents per gallon; and

(IV) reduce the operating and maintenance component of the

cost of alcohol to 47 cents per gallon.

(ii) Specific goals for producing methanol from biomass shall

be to -

(I) reduce the cost of alcohol to 47 cents per gallon; and

(II) reduce the capital component of the cost of alcohol to

16 cents per gallon.

(5) Other technologies

The Secretary shall submit to the Congress, as part of the

first report submitted under section 12006 of this title,

recommendations for specific cost goals and other pertinent goals

for 1995 for Department of Energy research, development, and

demonstration programs in Biofuels Energy Systems, Biodiesel

Energy Systems, Hydrogen Energy Systems, Solar Buildings Energy

Systems, Ocean Energy Systems, Geothermal Energy Systems,

Low-Head Hydro, and Energy Storage Systems.

(b) Amended goals

Whenever the Secretary determines that any of the goals

established under this section is no longer appropriate, the

Secretary shall notify Congress, as part of a report submitted

under section 12006 of this title, of the reason for the

determination and provide an amended goal that is consistent with

the purpose stated in section 12001(b) of this title.

(c) Authorizations

There are authorized to be appropriated to the Secretary for the

following renewable energy research, development, and demonstration

programs: the Wind Energy Research Program, the Photovoltaic Energy

Systems Program, the Solar Thermal Energy Systems Program, the

Biofuels Energy Systems Program, the Hydrogen Energy Systems

Program, the Solar Buildings Energy Systems Program, the Ocean

Energy Systems Program, and the Geothermal Energy Systems Program -

(1) not to exceed $113,000,000 for fiscal year 1991, of which -

(A) not to exceed $39,000,000 shall be available for the

Photovoltaic Energy Systems Program;

(B) not to exceed $19,000,000 shall be available for the

Geothermal Energy Systems Program; and

(C) not to exceed $4,000,000 shall be available for the

Hydrogen Energy Systems Program; and

(2) not to exceed $121,000,000 for fiscal year 1992, of which -

(A) not to exceed $40,000,000 shall be available for the

Photovoltaic Energy Systems Program;

(B) not to exceed $20,500,000 shall be available for the

Geothermal Energy Systems Program; and

(C) not to exceed $5,000,000 shall be available for the

Hydrogen Energy Systems Program.

Each of the President's annual budget requests submitted to

Congress after December 11, 1989, shall include as separate line

items each of the categories of renewable energy programs described

in this subsection.

-SOURCE-

(Pub. L. 101-218, Sec. 4, Dec. 11, 1989, 103 Stat. 1860; Pub. L.

102-486, title XII, Sec. 1202(b), title XXI, Sec. 2125(1)-(3), Oct.

24, 1992, 106 Stat. 2958, 3085.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a)(4), (5). Pub. L. 102-486, Sec. 1202(b)(1),

added par. (4), redesignated former par. (4) as (5), and inserted

"Biodiesel Energy Systems," after "Biofuels Energy Systems,".

Subsec. (c)(3). Pub. L. 102-486, Sec. 2125(1)-(3), struck out

par. (3) which read as follows: "not to exceed $124,000,000 for

fiscal year 1993, of which -

"(A) not to exceed $40,000,000 shall be available for the

Photovoltaic Energy Systems Program;

"(B) not to exceed $23,000,000 shall be available for the

Geothermal Energy Systems Program; and

"(C) not to exceed $6,000,000 shall be available for the

Hydrogen Energy Systems Program."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12001 of this title.

-End-

-CITE-

42 USC Sec. 12004 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 125 - RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY

COMPETITIVENESS

-HEAD-

Sec. 12004. Energy efficiency authorizations

-STATUTE-

There are authorized to be appropriated to the Secretary for the

following energy efficiency research, development, and

demonstration programs: transportation, industrial, buildings and

community systems, multi-sector, and policy and management -

(1) not to exceed $201,100,000 for fiscal year 1991, of which -

(A) not to exceed $68,300,000 shall be available for the

transportation program; and

(B) not to exceed $53,500,000 shall be available for the

industrial program; and

(2) not to exceed $210,600,000 for fiscal year 1992, of which -

(A) not to exceed $71,000,000 shall be available for the

transportation program; and

(B) not to exceed $54,700,000 shall be available for the

industrial program.

-SOURCE-

(Pub. L. 101-218, Sec. 5, Dec. 11, 1989, 103 Stat. 1862; Pub. L.

102-486, title XXI, Sec. 2125(4)-(6), Oct. 24, 1992, 106 Stat.

3085.)

-MISC1-

AMENDMENTS

1992 - Par. (3). Pub. L. 102-486 struck out par. (3) which read

as follows: "not to exceed $225,000,000 for fiscal year 1993, of

which -

"(A) not to exceed $73,900,000 shall be available for the

transportation program; and

"(B) not to exceed $56,900,000 shall be available for the

industrial program."

-End-

-CITE-

42 USC Sec. 12005 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 125 - RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY

COMPETITIVENESS

-HEAD-

Sec. 12005. Demonstration and commercial application projects

-STATUTE-

(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) of this

section. 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) of

this section, the Secretary may choose from among the forms of

agreements described in section 13541 of this title.

(B) In supporting projects selected under subsection (c) of

this section, 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 13542(b) and (c)

of this title.

(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 chapter 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 October 24, 1992, or to perform again any

duties performed by such advisory committee before October 24,

1992.

(B) Not later than 18 months after October 24, 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 October 24, 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,

according 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.

-SOURCE-

(Pub. L. 101-218, Sec. 6, Dec. 11, 1989, 103 Stat. 1863; Pub. L.

102-486, title XII, Sec. 1202(a), Oct. 24, 1992, 106 Stat. 2956.)

-MISC1-

AMENDMENTS

1992 - 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.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by Congress, its duration is otherwise

provided by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct.

6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5,

Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12001, 12006, 13313 of

this title.

-End-

-CITE-

42 USC Sec. 12006 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 125 - RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY

COMPETITIVENESS

-HEAD-

Sec. 12006. Reports

-STATUTE-

(a) Report by Secretary

One year after December 11, 1989, and annually thereafter, the

Secretary shall report to Congress on the programs and projects

supported under this chapter and the progress being made toward

accomplishing the goals and purposes set forth in this chapter.

(b) National renewable energy and energy efficiency management plan

(1) The Secretary, in consultation with the Advisory Committee,

shall prepare a three-year management plan to be administered and

carried out by the Secretary in the conduct of activities under

this chapter.

(2) After opportunity for public comment and consideration, as

appropriate, of such comment, the Secretary shall publish the plan.

(3) In addition to describing the Secretary's intentions for

administering this chapter, the plan shall include a comprehensive

strategy for assisting the private sector -

(A) in commercializing the renewable energy and energy

efficiency technologies developed under this chapter; and

(B) in meeting competition from foreign suppliers of products

derived from renewable energy and energy efficiency technologies.

(4) The plan shall address the role of federally-assisted

research, development, and demonstration in the achievement of

applicable national policy goals of the National Energy Policy Plan

required under section 7321 of this title and the plan developed

under section 5905 of this title.

(5) In addition, the Plan (!1) shall -

(A) contain a detailed assessment of program needs, objectives,

and priorities for each of the programs authorized under section

12005 of this title;

(B) use a uniform prioritization methodology to facilitate

cost-benefit analyses of proposals in various program areas;

(C) establish milestones for setting forth specific technology

transfer activities under each program area;

(D) include annual and five-year cost estimates for individual

programs under this chapter; and

(E) identify program areas for which funding levels have been

changed from the previous year's Plan.(!1)

(6) Within one year after October 24, 1992, the Secretary shall

submit a revised management plan under this section to Congress.

Thereafter, the Secretary shall submit a management plan every

three years at the time of submittal of the President's annual

budget submission to the Congress.

(c) Report on options

As part of the first report submitted under subsection (a) of

this section, the Secretary shall submit to Congress a report

analyzing options available to the Secretary under existing law to

assist the private sector with the timely commercialization of

wind, photovoltaic, solar thermal, biofuels, hydrogen, solar

buildings, ocean, geothermal, low-head hydro, and energy storage

renewable energy technologies and energy efficiency technologies

through emphasis on development and demonstration assistance to

specific technologies in the research, development, and

demonstration programs of the Department of Energy that are near

commercial application.

-SOURCE-

(Pub. L. 101-218, Sec. 9, Dec. 11, 1989, 103 Stat. 1868; Pub. L.

102-486, title XII, Sec. 1202(c), (d)(5), title XXIII, Sec.

2303(b), Oct. 24, 1992, 106 Stat. 2959, 2960, 3093.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-486, Sec. 1202(d)(5), substituted

"and projects" for ", projects, and joint ventures".

Subsec. (b)(1). Pub. L. 102-486, Sec. 1202(c)(1), inserted

"three-year" before "management plan".

Subsec. (b)(4). Pub. L. 102-486, Sec. 2303(b), inserted before

period at end "and the plan developed under section 5905 of this

title".

Subsec. (b)(5), (6). Pub. L. 102-486, Sec. 1202(c)(2), added

pars. (5) and (6) and struck out former par. (5) which read as

follows: "The plan shall accompany the President's annual budget

submission to the Congress."

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which reports required under subsecs. (a) and (b) of this section

are listed as the 20th item on page 84 and the 19th item on page

86), see section 3003 of Pub. L. 104-66, as amended, set out as a

note under section 1113 of Title 31, Money and Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12003 of this title.

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

-End-

-CITE-

42 USC Sec. 12007 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 125 - RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY

COMPETITIVENESS

-HEAD-

Sec. 12007. No antitrust immunity or defenses

-STATUTE-

Nothing in this chapter shall be deemed to convey to any person,

partnership, corporation, or other entity immunity from civil or

criminal liability under any antitrust law or to create defenses to

actions under any antitrust law. As used in this section,

"antitrust laws" means those Acts set forth in section 12 of title

15.

-SOURCE-

(Pub. L. 101-218, Sec. 10, Dec. 11, 1989, 103 Stat. 1869.)

-End-