
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: 42USC5589]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 71--SOLAR ENERGY
 
  SUBCHAPTER III--SOLAR PHOTOVOLTAIC ENERGY RESEARCH, DEVELOPMENT AND 
                              DEMONSTRATION
 
Sec. 5589. Promotion and facilitation of practical use of 
        photovoltaic energy
        

(a) Dissemination of information; trade secret exemption

    The Secretary shall take all possible steps to assure that full and 
complete information with respect to the demonstrations and other 
activities conducted under this subchapter is made available to Federal, 
State, and local authorities, relevant segments of the economy, the 
scientific and technical community, and the public at large, both during 
and after the close of the programs under this subchapter, with the 
objective of promoting and facilitating to the maximum extent feasible 
the early and widespread practical use of photovoltaic energy throughout 
the United States. Any trade secret or other proprietary information 
shall be exempted from such mandatory disclosure, as otherwise specified 
in law applicable to research, development and demonstration programs of 
the Department of Energy, including, but not limited to, section 5916 of 
this title.

(b) Studies and investigations

    The Secretary shall--
        (1) study the effect of the widespread utilization of 
    photovoltaic systems on the existing electric utility system at 
    varying levels of photovoltaic contribution to the system;
        (2) study and investigate the effect of utility rate structures, 
    building codes, zoning ordinances, and other laws, codes, 
    ordinances, and practices upon the practical use of photovoltaic 
    systems;
        (3) determine the extent to which such laws, codes, ordinances, 
    and practices should be changed to permit or facilitate such use and 
    the methods by which any such changes may best be accomplished; and
        (4) determine the necessity of a program of incentives to 
    accelerate the commercial application of photovoltaic technologies.

(c) Policy recommendations to President and Congress

    The Secretary is authorized and directed, within one year of 
November 4, 1978, to make recommendations to the President and to the 
Congress for Federal policies relating to barriers to the early and 
widespread utilization of photovoltaic systems in order to realize the 
goals set forth in section 5581 of this title. These recommendations 
shall include but not be limited to--
        (1) the potential for integration of electricity derived from 
    photovoltaic energy systems into the existing national grid system, 
    including the potential of photovoltaic-generated electricity to 
    meet the peak-load energy needs of electric utilities, load 
    management and reliability implications of the utilization of 
    photovoltaic electricity by utilities, the implications of utility 
    ownership of photovoltaic components leased to others primarily for 
    decentralized applications, the impacts of utility use of 
    electricity derived from photovoltaic energy systems on utility rate 
    structures, and the potential for reducing or obviating the need for 
    energy storage components for photovoltaic energy systems through 
    utility interface;
        (2) the extent of competition between firms currently engaged in 
    the fabrication and installation of photovoltaics components and 
    systems as it affects the character and growth potential of the 
    American photovoltaics industry, and the likelihood that small 
    photovoltaic firms will have reasonable opportunities to compete and 
    participate in the various programs authorized by this subchapter;
        (3) the need to identify legal alternatives to ensure access to 
    direct sunlight for photovoltaic energy systems, the appropriate 
    methods of encouraging the adoption of such alternatives, and the 
    implications of widespread utilization of photovoltaic energy 
    systems for land use and urban development;
        (4) the availability of private capital at reasonable interest 
    rates for individuals, businesses and others desiring to establish 
    commercial enterprises to manufacture, market, install, and/or, 
    maintain photovoltaic components and systems, or purchase and 
    install such systems for private, industrial, agricultural, 
    commercial or other uses;
        (5) the need for industry-wide warranty and reliability 
    standards for photovoltaic energy components and systems for private 
    sector applications, and, if appropriate, the mechanisms for 
    establishing such standards; and
        (6) the attainability of the goals specified in section 5581(b) 
    of this title, and any modification of such goals which the 
    Secretary proposes for consideration by Congress, with supporting 
    analyses.

(d) Consultation with government agencies, industry representatives, and 
        scientific and technical community; coordination and merger of 
        studies and reports

    In carrying out his functions under this section, the Secretary 
shall consult with the appropriate government agencies, industry 
representatives, and members of the scientific and technical community 
having expertise and interest in this area. The Secretary also shall 
ensure that any study or report prepared pursuant to this section is 
fully coordinated with and reflective of any analyses or reports 
prepared pursuant to the requirements in section 5556a of this title, 
and in the President's Solar Energy Domestic Policy Review. The 
Secretary, as appropriate, may merge any continuing or on-going studies 
under section 5556a of this title or the Domestic Policy Review with 
those required by this section or avoid any unnecessary duplication of 
effort or funding. The separate report requirements of section 5556a of 
this title and this section, however, shall remain in force.

(Pub. L. 95-590, Sec. 10, Nov. 4, 1978, 92 Stat. 2519.)
