42 U.S.C. § 17111 — Future of industry program

Page 8970 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17096 1 See References in Text note below. which enacted this part, amended sections 6832, 6834, 8253, and 8254 of this title, and enacted provisions set out as a note under section 6834 of this title. For com- plete classification of subtitle C to the Code, see Ta- bles. 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. § 17096. Authorization of appropriations There is authorized to be appropriated to carry out sections 434 through 439 and 482 1 $4,000,000 for each of fiscal years 2008 through 2012, to remain available until expended. (Pub. L. 110–140, title IV, § 440, Dec. 19, 2007, 121 Stat. 1623.) Editorial Notes REFERENCES IN TEXT Sections 434 through 439, referred to in text, are sec- tions 434 to 439 of Pub. L. 110–140, which enacted sec- tions 17091 to 17095 of this title and amended section 8253 of this title. Section 482 is unidentifiable because Pub. L. 110–140 does not contain a section 482. 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. PART D—INDUSTRIAL ENERGY EFFICIENCY § 17111. Future of industry program (a) Definitions In this section: (1) Eligible entity The term ‘‘eligible entity’’ means— (A) an energy-intensive industry; (B) a national trade association rep- resenting an energy-intensive industry; or (C) a person acting on behalf of 1 or more energy-intensive industries or sectors, as de- termined by the Secretary. (2) Energy-intensive industry The term ‘‘energy-intensive industry’’ means an industry that uses significant quan- tities of energy as part of its primary eco- nomic activities, including— (A) information technology, including data centers containing electrical equipment used in processing, storing, and transmitting dig- ital 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 facili- ties, including systems that treat municipal, industrial, and agricultural waste; and (F) other energy-intensive industries, as determined by the Secretary. (3) Feedstock The term ‘‘feedstock’’ means the raw mate- rial supplied for use in manufacturing, chem- ical, and biological processes. (4) Partnership The term ‘‘partnership’’ means an energy ef- ficiency partnership established under sub- section (c)(1)(A). (5) Program The term ‘‘program’’ means the energy-in- tensive industries program established under subsection (b). (b) Establishment of program The Secretary shall establish a program under which the Secretary, in cooperation with en- ergy-intensive industries and national industry trade associations representing the energy-in- tensive industries, shall support, research, de- velop, and promote the use of new materials processes, technologies, and techniques to opti- mize energy efficiency and the economic com- petitiveness of the United States’ industrial and commercial sectors. (c) Partnerships (1) In general As part of the program, the Secretary shall establish energy efficiency partnerships be- tween the Secretary and eligible entities to conduct research on, develop, and demonstrate new processes, technologies, and operating practices and techniques to significantly im- prove the energy efficiency of equipment and processes used by energy-intensive industries, including the conduct of activities to— (A) increase the energy efficiency of indus- trial processes and facilities; (B) research, develop, and demonstrate ad- vanced technologies capable of energy inten- sity reductions and increased environmental performance; and (C) promote the use of the processes, tech- nologies, and techniques described in sub- paragraphs (A) and (B). (2) Eligible activities Partnership activities eligible for funding under this subsection include— (A) feedstock and recycling research, de- velopment, 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; Page 8971 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17112 1 So in original. (B) research to develop and demonstrate technologies and processes that utilize alter- native energy sources to supply heat, power, and new feedstocks for energy-intensive in- dustries; (C) research to achieve energy efficiency in steam, power, control system, and process heat technologies, and in other manufac- turing processes; and (D) industrial and commercial energy effi- ciency and sustainability assessments to— (i) assist individual industrial and com- mercial sectors in developing tools, tech- niques, and methodologies to assess— (I) the unique processes and facilities of the sectors; (II) the energy utilization require- ments of the sectors; and (III) the application of new, more en- ergy efficient technologies; and (ii) conduct energy savings assessments; (E) the incorporation of technologies and innovations that would significantly im- prove the energy efficiency and utilization of energy-intensive commercial applica- tions; and (F) any other activities that the Secretary determines to be appropriate. (3) Proposals (A) In general To be eligible for funding under this sub- section, a partnership shall submit to the Secretary a proposal that describes the pro- posed research, development, or demonstra- tion activity to be conducted by the partner- ship. (B) Review After reviewing the scientific, technical, and commercial merit of a proposals 1 sub- mitted under subparagraph (A), the Sec- retary shall approve or disapprove the pro- posal. (C) Competitive awards The provision of funding under this sub- section shall be on a competitive basis. (4) Cost-sharing requirement In carrying out this section, the Secretary shall require cost sharing in accordance with section 16352 of this title. (d) Grants 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) Authorization of appropriations (1) In general 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) Partnership activities Of the amounts made available under para- graph (1), not less than 50 percent shall be used to pay the Federal share of partnership activi- ties under subsection (c). (3) Coordination and nonduplication The Secretary shall coordinate efforts under this section with other programs of the De- partment and other Federal agencies to avoid duplication of effort. (Pub. L. 110–140, title IV, § 452, Dec. 19, 2007, 121 Stat. 1634; Pub. L. 117–58, div. D, title V, § 40521(a)(1), Nov. 15, 2021, 135 Stat. 1062.) Editorial Notes AMENDMENTS 2021—Pub. L. 117–58, § 40521(a)(1)(A), substituted ‘‘Fu- ture of industry program’’ for ‘‘Energy-intensive indus- tries 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), re- designated subsec. (f) as (e) and struck out former sub- sec. (e) which related to institution of higher edu- cation-based industrial research and assessment cen- ters. 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 REQUIREMENTS For 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 au- thority of Secretary of Labor, see section 18851 of this title. § 17112. Energy efficiency for data center build- ings (a) Definitions In this section: (1) Data center The term ‘‘data center’’ means any facility that primarily contains electronic equipment used to process, store, and transmit digital in- formation, which may be— (A) a free-standing structure; or (B) a facility within a larger structure, that uses environmental control equipment to maintain the proper conditions for the op- eration of electronic equipment. (2) Data center operator The term ‘‘data center operator’’ means any person or government entity that builds or op- erates a data center or purchases data center services, equipment, and facilities. (b) Voluntary national information program (1) In general Not later than 90 days after December 19, 2007, the Secretary and the Administrator of