§16237 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Creates a Department of Energy program to research, develop, demonstrate, and help bring wind energy technologies to market. The program must work to make wind power cheaper, more efficient, reliable, secure, and easier to site, build, maintain, decommission, and recycle. It must improve materials, designs, manufacturing, installation, offshore and onshore systems, grid integration, forecasting, distributed and off‑grid systems, and reduce harms to communities, wildlife, and commerce. The Secretary must set near‑term (up to 2 years), mid‑term (up to 7 years), and long‑term (up to 15 years) targets within 180 days after December 27, 2020. The program can give competitive grants, run demos (including use of the National Wind Test Center), provide technical help, make contracts and vouchers, run prize contests and training, and fund studies. The Secretary must hold a national call for demo project applications at least every two years, deliver an airborne wind energy report within 180 days after December 27, 2020 with a 10‑year funding estimate, create a physical materials database by September 1, 2022, and send Congress a program report by September 1, 2022 and every six years after. The program must favor projects in diverse locations, economically distressed areas, those that can be copied elsewhere, those that boost domestic manufacturing or exports, and projects done with Tribal, Native Hawaiian, minority‑serving, or territorial partners. At least $125,000,000 is authorized for each fiscal year 2021 through 2025. Defined terms (one line each): “critical material” — meaning given in title 30, section 1606; “economically distressed area” — meaning in section 3161(a); “eligible entity” — institutions, labs, Federal/State research agencies, Tribal and Native Hawaiian organizations, nonprofits, industry, others the Secretary allows, or a consortium; “Indian Tribe” — meaning in title 25, section 5304; “institution of higher education” — meaning in title 20, section 1001(a) or postsecondary vocational per section 1002(c); “minority‑serving institution” — meaning in title 20, section 1067q(a); “National Laboratory” — meaning in section 15801(3) of this title; “Native Hawaiian community‑based organization” — meaning in title 20, section 7517; “program” — the program created under subsection (b)(1); “Secretary” — the Secretary of Energy; “territory or freely associated state” — meaning “insular area” in title 7, section 3103; “Tribal energy development organization” — meaning in title 25, section 3501; “Tribal organization” — meaning in title 25, section 5304.

Title 42, §16237

The Public Health and Welfare — Source: USLM XML via OLRC

(a)In this section:

(1)The term “critical material” has the meaning given the term in section 1606 of title 30.

(2)The term “economically distressed area” means an area described in section 3161(a) of this title.

(3)The term “eligible entity” means—

(A)an institution of higher education, including a minority-serving institution;

(B)a National Laboratory;

(C)a Federal research agency;

(D)a State research agency;

(E)a research agency associated with a territory or freely associated state;

(F)a Tribal energy development organization;

(G)an Indian Tribe;

(H)a Tribal organization;

(I)a Native Hawaiian community-based organization;

(J)a nonprofit research organization;

(K)an industrial entity;

(L)any other entity, as determined by the Secretary; and

(M)a consortium of 2 or more entities described in subparagraphs (A) through (L).

(4)The term “Indian Tribe” has the meaning given the term in section 5304 of title 25.

(5)The term “institution of higher education” means—

(A)an institution of higher education (as defined in section 1001(a) of title 20); or

(B)a postsecondary vocational institution (as defined in section 1002(c) of title 20).

(6)The term “minority-serving institution” has the meaning given the term “eligible institution” in section 1067q(a) of title 20.

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

(8)The term “Native Hawaiian community-based organization” has the meaning given the term in section 7517 of title 20.

(9)The term “program” means the program established under subsection (b)(1).

(10)The term “Secretary” means the Secretary of Energy.

(11)The term “territory or freely associated state” has the meaning given the term “insular area” in section 3103 of title 7.

(12)The term “Tribal energy development organization” has the meaning given the term “tribal energy development organization” in section 3501 of title 25.

(13)The term “Tribal organization” has the meaning given the term in section 5304 of title 25.

(b)(1)(A)The Secretary shall establish a program to conduct research, development, demonstration, and commercialization of wind energy technologies in accordance with this subsection.

(B)The purposes of the program are the following:

(i)To improve the energy efficiency, cost effectiveness, reliability, resilience, security, siting, integration, manufacturability, installation, decommissioning, and recyclability of wind energy technologies.

(ii)To optimize the performance and operation of wind energy components, turbines, and systems, including through the development of new materials, hardware, and software.

(iii)To optimize the design and adaptability of wind energy technologies to the broadest practical range of geographic, atmospheric, offshore, and other site conditions, including—

(I)at varying hub heights; and

(II)through the use of computer modeling.

(iv)To support the integration of wind energy technologies with the electric grid and other energy technologies and systems.

(v)To reduce the cost, risk, and other potential negative impacts across the lifespan of wind energy technologies, including—

(I)manufacturing, siting, permitting, installation, operations, maintenance, decommissioning, and recycling; and

(II)through the development of solutions to transportation barriers to wind components.

(vi)To reduce and mitigate potential negative impacts of wind energy technologies on human communities, the environment, or commerce.

(vii)To address barriers to the commercialization and export of wind energy technologies.

(viii)To support the domestic wind industry, workforce, and supply chain.

(C)Not later than 180 days after December 27, 2020, the Secretary shall establish targets for the program relating to near-term (up to 2 years), mid-term (up to 7 years), and long-term (up to 15 years) challenges to the advancement of wind energy technologies, including onshore, offshore, distributed, and off-grid technologies.

(2)(A)In carrying out the program, the Secretary shall carry out research, development, demonstration, and commercialization activities, including—

(i)awarding grants and awards, on a competitive, merit-reviewed basis;

(ii)performing precompetitive research and development;

(iii)establishing or maintaining demonstration facilities and projects, including through stewardship of existing facilities such as the National Wind Test Center;

(iv)providing technical assistance;

(v)entering into contracts and cooperative agreements;

(vi)providing small business vouchers;

(vii)establishing prize competitions;

(viii)conducting education and outreach activities;

(ix)conducting professional development activities; and

(x)conducting analyses, studies, and reports.

(B)The Secretary shall carry out research, development, demonstration, and commercialization activities in the following subject areas:

(i)Wind power plant siting, performance, operations, and security.

(ii)New materials and designs relating to all hardware, software, and components of wind energy technologies, including technologies and strategies that reduce the use of energy, water, critical materials, and other commodities that are determined to be vulnerable to disruption.

(iii)Advanced wind energy manufacturing and installation technologies and practices, including materials, processes, such as onsite or near site manufacturing, and design.

(iv)Offshore wind-specific projects and plants, including—

(I)fixed and floating substructure systems, materials, and components;

(II)the operation of offshore facilities, such as—

(aa)an offshore research facility to conduct research for oceanic, biological, geological, and atmospheric resource characterization relevant to offshore wind energy development in coordination with the ocean and atmospheric science communities; and

(bb)an offshore support structure testing facility to conduct development, demonstration, and commercialization of large-scale and full-scale offshore wind energy support structure components and systems;

(III)the monitoring and analysis of site and environmental considerations unique to offshore sites, including freshwater environments.

(v)Integration of wind energy technologies with—

(I)the electric grid, including transmission, distribution, microgrids, and distributed energy systems; and

(II)other energy technologies, including—

(aa)other generation sources;

(bb)demand response technologies; and

(cc)energy storage technologies.

(vi)Methods to improve the lifetime, maintenance, decommissioning, recycling, reuse, and sustainability of wind energy components and systems, including technologies and strategies to reduce the use of energy, water, critical materials, and other valuable or harmful inputs.

(vii)Wind power forecasting and atmospheric measurement systems, including for turbines and plant systems of varying height.

(viii)Integrated wind energy systems, grid-connected and off-grid, that incorporate diverse—

(I)generation sources;

(II)loads; and

(III)storage technologies.

(ix)Reducing market barriers, including non-hardware and information-based barriers, to the adoption of wind energy technologies, such as impacts on, or challenges relating to—

(I)distributed wind technologies, including the development of best practices, models, and voluntary streamlined processes for local siting and permitting of distributed wind energy systems to reduce costs;

(II)airspace;

(III)military operations;

(IV)radar;

(V)local communities, with special consideration given to economically distressed areas, previously disturbed lands such as landfills and former mines, and other areas disproportionately impacted by environmental pollution;

(VI)wildlife and wildlife habitats; and

(VII)any other appropriate matter, as determined by the Secretary.

(x)Technologies or strategies to avoid, minimize, and offset the potential impacts of wind energy facilities on bird species, bat species, marine wildlife, and other sensitive species and habitats.

(xi)Advanced physics-based and data analysis computational tools, in coordination with the high-performance computing programs of the Department, to more efficiently design, site, permit, manufacture, install, operate, decommission, and recycle wind energy systems.

(xii)Technologies for distributed wind, including micro, small, and medium turbines and the components of those turbines and their microgrid applications.

(xiii)Transformational technologies for harnessing wind energy.

(xiv)Other research areas that advance the purposes of the program, as determined by the Secretary.

(C)In carrying out activities under the program, the Secretary shall, to the maximum extent practicable, give special consideration to—

(i)projects that—

(I)are located in a geographically diverse range of eligible entities;

(II)support the development or demonstration of projects—

(aa)in economically distressed areas and areas disproportionately impacted by pollution; and

(bb)that provide the greatest potential to reduce energy costs, as well as promote accessibility and community implementation of demonstrated technologies;

(III)can be replicated in a variety of regions and climates;

(IV)include business commercialization plans that have the potential for—

(aa)domestic manufacturing and production of wind energy technologies; or

(bb)exports of wind energy technologies; and

(V)are carried out in collaboration with Tribal energy development organizations, Indian Tribes, Tribal organizations, Native Hawaiian community-based organizations, minority-serving institutions, or territories or freely associated States; and

(ii)with regards to professional development, activities that expand the number of individuals from underrepresented groups pursuing and attaining skills relevant to wind energy.

(D)To the maximum extent practicable, the Secretary shall coordinate activities under the program with other relevant programs and capabilities of the Department and other Federal research programs.

(E)To the extent that funding is not otherwise available through other Federal programs or power purchase agreements, funding awarded for demonstration projects may be used for additional nontechnology costs, as determined to be appropriate by the Secretary, such as engineering or feasibility studies.

(F)Not less than once every two years, the Secretary shall conduct a national solicitation for applications for demonstration projects under this section.

(G)(i)Not later than 180 days after December 27, 2020, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the potential for, and technical viability of, airborne wind energy systems to provide a significant source of energy in the United States.

(ii)The report under paragraph (1) shall include a summary of research, development, demonstration, and commercialization needs, including an estimate of Federal funding requirements, to further examine and validate the technical and economic viability of airborne wind energy concepts over the 10-year period beginning on December 27, 2020.

(3)The Secretary may award grants, on a competitive basis, to eligible entities to purchase large pieces of wind component equipment, such as nacelles, towers, and blades, for use in training wind technician students in onshore or offshore wind applications.

(4)(A)In addition to the program activities described in paragraph (2), in carrying out the program, the Secretary shall award financial assistance to eligible entities for research, development, and demonstration, and commercialization projects to create innovative and practical approaches to increase the reuse and recycling of wind energy technologies, including—

(i)by increasing the efficiency and cost effectiveness of the recovery of raw materials from wind energy technology components and systems, including enabling technologies such as inverters;

(ii)by minimizing potential environmental impacts from the recovery and disposal processes;

(iii)by advancing technologies and processes for the disassembly and recycling of wind energy devices;

(iv)by developing alternative materials, designs, manufacturing processes, and other aspects of wind energy technologies and the disassembly and resource recovery process that enable efficient, cost effective, and environmentally responsible disassembly of, and resource recovery from, wind energy technologies; and

(v)strategies to increase consumer acceptance of, and participation in, the recycling of wind energy technologies.

(B)The Secretary shall make available to the public and the relevant committees of Congress the results of the projects carried out through financial assistance awarded under subparagraph (A), including—

(i)development of best practices or training materials for use in the wind energy technology manufacturing, design, installation, decommissioning, or recycling industries;

(ii)dissemination at industry conferences;

(iii)coordination with information dissemination programs relating to recycling of electronic devices in general;

(iv)demonstration projects; and

(v)educational materials.

(C)In carrying out the activities authorized under this subsection, the Secretary shall give special consideration to projects that recover critical materials.

(D)In carrying out the activities authorized under this subsection, the Secretary shall ensure proper security controls are in place to protect proprietary or sensitive information, as appropriate.

(5)(A)Not later than September 1, 2022, the Secretary shall establish a comprehensive physical property database of materials for use in wind energy technologies, which shall identify the type, quantity, country of origin, source, significant uses, projected availability, and physical properties of materials used in wind energy technologies.

(B)In establishing the database described in subparagraph (A), the Secretary shall coordinate and, to the extent practicable, avoid duplication with—

(i)other Department activities, including those carried out by the Office of Science;

(ii)the Director of the National Institute of Standards and Technology;

(iii)the Administrator of the Environmental Protection Agency;

(iv)the Secretary of the Interior; and

(v)relevant industry stakeholders, as determined by the Secretary.

(6)(A)Not later than September 1, 2022, and every 6 years thereafter, the Secretary shall submit to Congress a report on the strategic vision, progress, goals, and targets of the program, including assessments of wind energy markets and manufacturing.

(B)The Secretary shall coordinate the preparation of the report under subparagraph (A) with—

(i)existing peer review processes;

(ii)studies conducted by the National Laboratories; and

(iii)the multiyear program planning required under section 16358 of this title.

(7)There is authorized to be appropriated to the Secretary to carry out the program $125,000,000 for each of fiscal years 2021 through 2025.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Energy Act of 2020, and not as part of the Energy Policy Act of 2005 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Application Pub. L. 116–260, div. Z, title IX, § 9006(b), Dec. 27, 2020, 134 Stat. 2600, provided that: “The provisions of section 602 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3212) shall apply with respect to

Construction

, alteration, or repair work of demonstration projects funded by grants or contracts authorized under section 3001 [enacting part C of subchapter V of chapter 152 of this title], 3003 [enacting this section], 3004 [enacting section 16238 of this title], 5001 [enacting section 16298d of this title], and 8007 [enacting section 17389 of this title] and the

Amendments

made by such sections.”

§16237 Wind energy research and development