
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: 42USC13331]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 134--ENERGY POLICY
 
                           SUBCHAPTER VI--COAL
 
Part A--Research, Development, Demonstration, and Commercial Application
 
Sec. 13331. Coal research, development, demonstration, and 
        commercial application programs
        

(a) Establishment

    The Secretary shall, in accordance with section \1\ 13541 and 13542 
of this title, conduct programs for research, development, 
demonstration, and commercial application on coal-based technologies. 
Such research, development, demonstration, and commercial application 
programs shall include the programs established under this part, and 
shall have the goals and objectives of--
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    \1\ So in original. Probably should be ``sections''.
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        (1) ensuring a reliable electricity supply;
        (2) complying with applicable environmental requirements;
        (3) achieving the control of sulfur oxides, oxides of nitrogen, 
    air toxics, solid and liquid wastes, greenhouse gases, or other 
    emissions resulting from coal use or conversion at levels of 
    proficiency greater than or equal to applicable currently available 
    commercial technology;
        (4) achieving the cost competitive conversion of coal into 
    energy forms usable in the transportation sector;
        (5) demonstrating the conversion of coal to synthetic gaseous, 
    liquid, and solid fuels;
        (6) demonstrating, in cooperation with other Federal and State 
    agencies, the use of coal-derived fuels in mobile equipment, with 
    opportunities for industrial cost sharing participation;
        (7) ensuring the timely commercial application of cost-effective 
    technologies or energy production processes or systems utilizing 
    coal which achieve--
            (A) greater efficiency in the conversion of coal to useful 
        energy when compared to currently available commercial 
        technology for the use of coal; and
            (B) the control of emissions from the utilization of coal; 
        and

        (8) ensuring the availability for commercial use of such 
    technologies by the year 2010.

(b) Demonstration and commercial application programs

    (1) In selecting either a demonstration project or a commercial 
application project for financial assistance under this part, the 
Secretary shall seek to ensure that, relative to otherwise comparable 
commercially available technologies or products, the selected project 
will meet one or more of the following criteria:
        (A) It will reduce environmental emissions to an extent greater 
    than required by applicable provisions of law.
        (B) It will increase the overall efficiency of the utilization 
    of coal, including energy conversion efficiency and, where 
    applicable, production of products derived from coal.
        (C) It will be a more cost-effective technological alternative, 
    based on life cycle capital and operating costs per unit of energy 
    produced and, where applicable, costs per unit of product produced.

Priority in selection shall be given to those projects which, in the 
judgment of the Secretary, best meet one or more of these criteria.
    (2) In administering demonstration and commercial application 
programs authorized by this part, the Secretary shall establish 
accounting and project management controls that will be adequate to 
control costs.
    (3)(A) Not later than 180 days after October 24, 1992, the Secretary 
shall establish procedures and criteria for the recoupment of the 
Federal share of each cost shared demonstration and commercial 
application project authorized pursuant to this part. Such recoupment 
shall occur within a reasonable period of time following the date of 
completion of such project, but not later than 20 years following such 
date, taking into account the effect of recoupment on--
        (i) the commercial competitiveness of the entity carrying out 
    the project;
        (ii) the profitability of the project; and
        (iii) the commercial viability of the coal-based technology 
    utilized.

    (B) The Secretary may at any time waive or defer all or some portion 
of the recoupment requirement as necessary for the commercial viability 
of the project.
    (4) Projects selected by the Secretary under this part for 
demonstration or commercial application of a technology shall, in the 
judgment of the Secretary, be capable of enhancing the state of the art 
for such technology.

(c) Report

    Within 240 days after October 24, 1992, the Secretary shall transmit 
to the Committee on Energy and Commerce and the Committee on Science, 
Space, and Technology of the House of Representatives and to the 
Committee on Energy and Natural Resources of the Senate a report which 
shall include each of the following:
        (1) A detailed description of ongoing research, development, 
    demonstration, and commercial application activities regarding coal-
    based technologies undertaken by the Department of Energy, other 
    Federal or State government departments or agencies and, to the 
    extent such information is publicly available, other public or 
    private organizations in the United States and other countries.
        (2) A listing and analysis of current Federal and State 
    government regulatory and financial incentives that could further 
    the goals of the programs established under this part.
        (3) Recommendations regarding the manner in which any ongoing 
    coal-based demonstration and commercial application program might be 
    modified and extended in order to ensure the timely demonstrations 
    of advanced coal-based technologies so as to ensure that the goals 
    established under this section are achieved and that such 
    demonstrated technologies are available for commercial use by the 
    year 2010.
        (4) Recommendations, if any, regarding the manner in which the 
    cost sharing demonstrations conducted pursuant to the Clean Coal 
    Program established by Public Law 98-473 might be modified and 
    extended in order to ensure the timely demonstration of advanced 
    coal-based technologies.
        (5) A detailed plan for conducting the research, development, 
    demonstration, and commercial application programs to achieve the 
    goals and objectives of subsection (a) of this section, which plan 
    shall include a description of--
            (A) the program elements and management structure to be 
        utilized;
            (B) the technical milestones to be achieved with respect to 
        each of the advanced coal-based technologies included in the 
        plan; and
            (C) the dates at which further deadlines for additional cost 
        sharing demonstrations shall be established.

(d) Status reports

    Within one year after transmittal of the report described in 
subsection (c) of this section, and every 2 years thereafter for a 
period of 6 years, the Secretary shall transmit to the Congress a report 
that provides a detailed description of the status of development of the 
advanced coal-based technologies and the research, development, 
demonstration, and commercial application activities undertaken to carry 
out the programs required by this part.

(e) Consultation

    In carrying out research, development, demonstration, and commercial 
application activities under this part, the Secretary shall consult with 
the National Coal Council and other representatives of the public and 
private sectors as the Secretary considers appropriate.

(Pub. L. 102-486, title XIII, Sec. 1301, Oct. 24, 1992, 106 Stat. 2970.)

                       References in Text

    Public Law 98-473, referred to in subsec. (c)(4), is Pub. L. 98-473, 
Oct. 12, 1984, 98 Stat. 1837, as amended. For complete classification of 
this Act to the Code, see Tables.

                         Change of Name

    Committee on Energy and Commerce of House of Representatives treated 
as referring to Committee on Commerce of House of Representatives and 
Committee on Science, Space, and Technology of House of Representatives 
treated as referring to Committee on Science of House of Representatives 
by section 1(a) of Pub. L. 104-14, set out as a note preceding section 
21 of Title 2, The Congress.

                  Section Referred to in Other Sections

    This section is referred to in sections 13361, 13362 of this title.
