§17111 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary must set up a program that works with energy‑intensive industries and their trade groups to support, research, develop, test, and promote new materials, processes, and technologies that save energy and help U.S. industry stay competitive. Eligible entity = an energy‑intensive industry, a national trade association for such an industry, or a person acting for them. Energy‑intensive industry = any industry that uses a lot of energy, such as information technology and data centers; consumer product manufacturing; food processing; materials makers (including aluminum, chemicals, forest and paper, metal casting, glass, petroleum refining, mining, and steel); water and wastewater treatment; and others the Secretary names. Feedstock = raw material used in manufacturing or chemical/biological processes. Partnership = an energy efficiency partnership created under the program. Program = the energy‑intensive industries program. The Secretary must create partnerships with eligible entities to research, develop, and demonstrate ways to cut energy use, raise environmental performance, and spread better practices. Funded work can include feedstock and recycling research, using alternative energy and feedstocks, improving steam, power, control, and process‑heat systems, doing energy and sustainability assessments, and adding energy‑saving technologies; the Secretary can approve other appropriate activities. Partnerships must submit proposals; funding is competitive and reviewed for technical and commercial merit, and cost sharing is required. The Secretary may also give competitive grants to universities, inventors, and small companies based on energy savings potential, commercial viability, and technical merit. Congress authorized $184,000,000 for 2008; $190,000,000 for 2009; $196,000,000 for 2010; $202,000,000 for 2011; $208,000,000 for 2012; and whatever sums are needed for 2013 and later. At least 50% of the funds must pay the Federal share of partnership activities, and the Secretary must coordinate with other Department and Federal programs to avoid duplication.

Title 42, §17111

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

(a)In this section:

(1)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)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)water and wastewater treatment facilities, including systems that treat municipal, industrial, and agricultural waste; and

(F)other energy-intensive industries, as determined by the Secretary.

(3)The term “feedstock” means the raw material supplied for use in manufacturing, chemical, and biological processes.

(4)The term “partnership” means an energy efficiency partnership established under subsection (c)(1)(A).

(5)The term “program” means the energy-intensive industries program established under subsection (b).

(b)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)(1)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)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)(A)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)After reviewing the scientific, technical, and commercial merit of a proposals 11 So in original. submitted under subparagraph (A), the Secretary shall approve or disapprove the proposal.

(C)The provision of funding under this subsection shall be on a competitive basis.

(4)In carrying out this section, the Secretary shall require cost sharing in accordance with section 16352 of this title.

(d)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)(1)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)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)The Secretary shall coordinate efforts under this section with other programs of the Department and other Federal agencies to avoid duplication of effort.

Notes & Related Subsidiaries

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 Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. Wage Rate RequirementsFor 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.

§17111 Future of industry program