
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12005]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
     CHAPTER 125--RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY 
                             COMPETITIVENESS
 
Sec. 12005. 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) 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.

(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.)


                               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.

                  Section Referred to in Other Sections

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