42 U.S.C. § 17231 — Energy storage competitiveness

Page 9007 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17231 1 So in original. mote collaboration between entities specified in paragraph (1) and include entities not his- torically associated with National Marine En- ergy Centers, such as Minority Serving Insti- tutions. (3) International collaboration The Secretary, in coordination with other appropriate Federal and multilateral agencies (including the United States Agency for Inter- national Development) shall support collabo- rative efforts with international partners to promote the research, development, and dem- onstration of water power technologies used to develop hydropower, pump storage, and ma- rine energy resources. (c) Dissemination of results and public avail- ability The Secretary shall— (1) publish the results of projects supported under this part through Department websites, reports, databases, training materials, and in- dustry conferences, including information dis- covered after the completion of such projects, withholding any industrial proprietary infor- mation; and (2) share results of such projects with the public except to the extent that the informa- tion is protected from disclosure under section 552(b) of title 5. (d) Award frequency The Secretary shall solicit applications for awards under this part no less frequently than once per fiscal year. (e) Education and outreach In carrying out the activities described in this part, the Secretary shall support education and outreach activities to disseminate information and promote public understanding of water power technologies and the water power work- force, including activities at the National Ma- rine Energy Centers. (f) Technical assistance and workforce develop- ment In carrying out this part, the Secretary may also conduct, for purposes of supporting tech- nical, non-hardware, and information-based ad- vances in water power systems development and operations— (1) technical assistance and analysis activi- ties with eligible entities, including activities that support expanding access to advanced water power technologies for rural, Tribal, and low-income communities; and (2) workforce development and training ac- tivities, including to support the dissemina- tion of standards and best practices for ena- bling water power production. (g) Strategic plan In carrying out the activities described in this part, the Secretary shall— (1) not later than one year after December 27, 2020, draft a plan, considering input from relevant stakeholders such as industry and academia, to implement the programs de- scribed in this part and update the plan on an annual basis; and (2) the plan 1 shall address near-term (up to 2 years), mid-term (up to 7 years), and long- term (up to 15 years) challenges to the ad- vancement of water power systems. (h) Report to Congress Not later than 1 year after December 27, 2020, and at least once every 2 years thereafter, the Secretary shall provide, and make available to the public and the relevant authorizing and ap- propriations committees of Congress, a report on the findings of research conducted and activi- ties carried out pursuant to this part, including the most current strategic plan under sub- section (g) and the progress made in imple- menting such plan. (Pub. L. 110–140, title VI, § 637, as added Pub. L. 116–260, div. Z, title III, § 3001(a), Dec. 27, 2020, 134 Stat. 2485.) § 17217. Applicability of other laws Nothing in this part shall be construed as waiving, modifying, or superseding the applica- bility of any requirement under any environ- mental or other Federal or State law. (Pub. L. 110–140, title VI, § 638, as added Pub. L. 116–260, div. Z, title III, § 3001(a), Dec. 27, 2020, 134 Stat. 2486.) § 17218. Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this part $186,600,000 for each of fiscal years 2021 through 2025, including $137,428,378 for marine energy and $49,171,622 for hydropower research, development, and dem- onstration activities. (Pub. L. 110–140, title VI, § 639, as added Pub. L. 116–260, div. Z, title III, § 3001(a), Dec. 27, 2020, 134 Stat. 2486.) PART D—ENERGY STORAGE FOR TRANSPORTATION AND ELECTRIC POWER § 17231. Energy storage competitiveness (a) Short title This section may be cited as the ‘‘United States Energy Storage Competitiveness Act of 2007’’. (b) Definitions In this section: (1) Council The term ‘‘Council’’ means the Energy Stor- age Advisory Council established under sub- section (e). (2) Compressed air energy storage The term ‘‘compressed air energy storage’’ means, in the case of an electricity grid appli- cation, the storage of energy through the com- pression of air. (3) Electric drive vehicle The term ‘‘electric drive vehicle’’ means— (A) a vehicle that uses an electric motor for all or part of the motive power of the ve- hicle, including battery electric, hybrid elec- Page 9008 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17231 tric, plug-in hybrid electric, fuel cell, and plug-in fuel cell vehicles and rail transpor- tation vehicles; or (B) mobile equipment that uses an electric motor to replace an internal combustion en- gine for all or part of the work of the equip- ment. (4) Islanding The term ‘‘islanding’’ means a distributed generator or energy storage device continuing to power a location in the absence of electric power from the primary source. (5) Flywheel The term ‘‘flywheel’’ means, in the case of an electricity grid application, a device used to store rotational kinetic energy. (6) Microgrid The term ‘‘microgrid’’ means an integrated energy system consisting of interconnected loads and distributed energy resources (includ- ing generators and energy storage devices), which as an integrated system can operate in parallel with the utility grid or in an inten- tional islanding mode. (7) Self-healing grid The term ‘‘self-healing grid’’ means a grid that is capable of automatically anticipating and responding to power system disturbances (including the isolation of failed sections and components), while optimizing the perform- ance and service of the grid to customers. (8) Spinning reserve services The term ‘‘spinning reserve services’’ means a quantity of electric generating capacity in excess of the quantity needed to meet peak electric demand. (9) Ultracapacitor The term ‘‘ultracapacitor’’ means an energy storage device that has a power density com- parable to a conventional capacitor but is ca- pable of exceeding the energy density of a con- ventional capacitor by several orders of mag- nitude. (c) Program The Secretary shall carry out a research, de- velopment, and demonstration program to sup- port the ability of the United States to remain globally competitive in energy storage systems for electric drive vehicles, stationary applica- tions, and electricity transmission and distribu- tion. (d) Coordination In carrying out the activities of this section, the Secretary shall coordinate relevant efforts with appropriate Federal agencies, including the Department of Transportation. (e) Energy Storage Advisory Council (1) Establishment Not later than 90 days after December 19, 2007, the Secretary shall establish an Energy Storage Advisory Council. (2) Composition (A) In general Subject to subparagraph (B), the Council shall consist of not less than 15 individuals appointed by the Secretary, based on rec- ommendations of the National Academy of Sciences. (B) Energy storage industry The Council shall consist primarily of rep- resentatives of the energy storage industry of the United States. (C) Chairperson The Secretary shall select a Chairperson for the Council from among the members ap- pointed under subparagraph (A). (3) Meetings (A) In general The Council shall meet not less than once a year. (B) Chapter 10 of title 5 Chapter 10 of title 5 shall apply to a meet- ing of the Council. (4) Plans No later than 1 year after December 19, 2007, and every 5 years thereafter, the Council, in conjunction with the Secretary, shall develop a 5-year plan for integrating basic and applied research so that the United States retains a globally competitive domestic energy storage industry for electric drive vehicles, stationary applications, and electricity transmission and distribution. (5) Review The Council shall— (A) assess, every 2 years, the performance of the Department in meeting the goals of the plans developed under paragraph (4); and (B) make specific recommendations to the Secretary on programs or activities that should be established or terminated to meet those goals. (f) Basic research program (1) Basic research The Secretary shall conduct a basic research program on energy storage systems to support electric drive vehicles, stationary applica- tions, and electricity transmission and dis- tribution, including— (A) materials design; (B) materials synthesis and characteriza- tion; (C) electrode-active materials, including electrolytes and bioelectrolytes; (D) surface and interface dynamics; (E) modeling and simulation; and (F) thermal behavior and life degradation mechanisms. (2) Nanoscience centers The Secretary, in cooperation with the Council, shall coordinate the activities of the nanoscience centers of the Department to help the energy storage research centers of the De- partment maintain a globally competitive pos- ture in energy storage systems for electric drive vehicles, stationary applications, and electricity transmission and distribution. (3) Funding For activities carried out under this sub- section, in addition to funding activities at Page 9009 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17231 1 So in original. Probably should be ‘‘an’’. National Laboratories, the Secretary shall award funds to, and coordinate activities with, a range of stakeholders including the public, private, and academic sectors. (g) Applied research program (1) In general The Secretary shall conduct an applied re- search program on energy storage systems to support electric drive vehicles, stationary ap- plications, and electricity transmission and distribution technologies, including— (A) ultracapacitors; (B) flywheels; (C) batteries and battery systems (includ- ing flow batteries); (D) compressed air energy systems; (E) power conditioning electronics; (F) manufacturing technologies for energy storage systems; (G) thermal management systems; and (H) hydrogen as an energy storage me- dium. (2) Funding For activities carried out under this sub- section, in addition to funding activities at National Laboratories, the Secretary shall provide funds to, and coordinate activities with, a range of stakeholders, including the public, private, and academic sectors. (h) Energy storage research centers (1) In general The Secretary shall establish, through com- petitive bids, not more than 4 energy storage research centers to translate basic research into applied technologies to advance the capa- bility of the United States to maintain a glob- ally competitive posture in energy storage systems for electric drive vehicles, stationary applications, and electricity transmission and distribution. (2) Program management The centers shall be managed by the Under Secretary for Science of the Department. (3) Participation agreements As a condition of participating in a center, a participant shall enter into a participation agreement with the center that requires that activities conducted by the participant for the center promote the goal of enabling the United States to compete successfully in glob- al energy storage markets. (4) Plans A center shall conduct activities that pro- mote the achievement of the goals of the plans of the Council under subsection (e)(4). (5) National laboratories A national laboratory (as defined in section 15801 of this title) may participate in a center established under this subsection, including a cooperative research and development agree- ment (as defined in section 3710a(d) of title 15). (6) Disclosure Section 13293 of this title may apply to any project carried out through a grant, contract, or cooperative agreement under this sub- section. (7) Intellectual property In accordance with section 202(a)(ii) of title 35, section 2182 of this title, and section 5908 of this title, the Secretary may require, for any new invention developed under this sub- section, that— (A) if an industrial participant is active in a 1 energy storage research center estab- lished under this subsection relating to the advancement of energy storage technologies carried out, in whole or in part, with Federal funding, the industrial participant be grant- ed the first option to negotiate with the in- vention owner, at least in the field of energy storage technologies, nonexclusive licenses, and royalties on terms that are reasonable, as determined by the Secretary; (B) if 1 or more industry participants are active in a center, during a 2-year period be- ginning on the date on which an invention is made— (i) the patent holder shall not negotiate any license or royalty agreement with any entity that is not an industrial participant under this subsection; and (ii) the patent holder shall negotiate nonexclusive licenses and royalties in good faith with any interested industrial partic- ipant under this subsection; and (C) the new invention be developed under such other terms as the Secretary deter- mines to be necessary to promote the accel- erated commercialization of inventions made under this subsection to advance the capability of the United States to success- fully compete in global energy storage mar- kets. (i) Energy storage systems demonstrations (1) In general The Secretary shall carry out a program of new demonstrations of advanced energy stor- age systems. (2) Scope The demonstrations shall— (A) be regionally diversified; and (B) expand on the existing technology demonstration program of the Department. (3) Stakeholders In carrying out the demonstrations, the Sec- retary shall, to the maximum extent prac- ticable, include the participation of a range of stakeholders, including— (A) rural electric cooperatives; (B) investor owned utilities; (C) municipally owned electric utilities; (D) energy storage systems manufacturers; (E) electric drive vehicle manufacturers; (F) the renewable energy production indus- try; (G) State or local energy offices; (H) the fuel cell industry; and (I) institutions of higher education. (4) Objectives Each of the demonstrations shall include 1 or more of the following: Page 9010 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17231 2 So in original. (A) Energy storage to improve the feasi- bility of microgrids or islanding, or trans- mission and distribution capability, to im- prove reliability in rural areas. (B) Integration of an energy storage sys- tem with a self-healing grid. (C) Use of energy storage to improve secu- rity to emergency response infrastructure and ensure availability of emergency backup power for consumers. (D) Integration with a renewable energy production source, at the source or away from the source. (E) Use of energy storage to provide ancil- lary services, such as spinning reserve serv- ices, for grid management. (F) Advancement of power conversion sys- tems to make the systems smarter, more ef- ficient, able to communicate with other in- verters, and able to control voltage. (G) Use of energy storage to optimize transmission and distribution operation and power quality, which could address over- loaded lines and maintenance of trans- formers and substations. (H) Use of advanced energy storage for peak load management of homes, businesses, and the grid. (I) Use of energy storage devices to store energy during nonpeak generation periods to make better use of existing grid assets. (j) Vehicle energy storage demonstration (1) In general The Secretary shall carry out a program of electric drive vehicle energy storage tech- nology demonstrations. (2) Consortia The technology demonstrations shall be con- ducted through consortia, which may in- clude— (A) energy storage systems manufacturers and suppliers of the manufacturers; (B) electric drive vehicle manufacturers; (C) rural electric cooperatives; (D) investor owned utilities; (E) municipal and rural electric utilities; (F) State and local governments; (G) metropolitan transportation authori- ties; and (H) institutions of higher education. (3) Objectives The program shall demonstrate 1 or more of the following: (A) Novel, high capacity, high efficiency energy storage, charging, and control sys- tems, along with the collection of data on performance characteristics, such as battery life, energy storage capacity, and power de- livery capacity. (B) Advanced onboard energy management systems and highly efficient battery cooling systems. (C) Integration of those systems on a pro- totype vehicular platform, including with drivetrain systems for passenger, commer- cial, and nonroad electric drive vehicles. (D) New technologies and processes that reduce manufacturing costs. (E) Integration of advanced vehicle tech- nologies with electricity distribution system and smart metering technology. (F) Control systems that minimize emis- sions profiles in cases in which clean diesel engines are part of a plug-in hybrid drive system. (k) Electric drive vehicle battery second-life ap- plications and recycling (1) Definitions In this subsection: (A) Battery recycling and second-life applica- tions program The term ‘‘battery recycling and second- life applications program’’ means the elec- tric drive vehicle battery recycling and sec- ond-life applications program established under paragraph (3). (B) Critical material The term ‘‘critical material’’ has the meaning given the term in section 1606(a) of title 30. (C) Economically distressed area The term ‘‘economically distressed area’’ means an area described in section 3161(a) of this title. (D) Electric drive vehicle battery The term ‘‘electric drive 2 vehicle battery’’ means any battery that is a motive power source for an electric drive vehicle. (E) Eligible entity The term ‘‘eligible entity’’ means an enti- ty described in any of paragraphs (1) through (5) of section 16353(b) of this title. (2) Program The Secretary shall carry out a program of research, development, and demonstration of— (A) second-life applications for electric drive vehicle batteries that have been used to power electric drive vehicles; and (B) technologies and processes for final re- cycling and disposal of the devices described in subparagraph (A). (3) Electric drive vehicle battery recycling and second-life applications (A) In general In carrying out the program under para- graph (2), the Secretary shall establish an electric drive vehicle battery recycling and second-life applications program under which the Secretary shall— (i) award grants under subparagraph (D); and (ii) carry out other activities in accord- ance with this paragraph. (B) Purposes The purposes of the battery recycling and second-life applications program are the fol- lowing: (i) To improve the recycling rates and second-use adoption rates of electric drive vehicle batteries. (ii) To optimize the design and adapt- ability of electric drive vehicle batteries to make electric drive vehicle batteries more easily recyclable. Page 9011 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17231 (iii) To establish alternative supply chains for critical materials that are found in electric drive vehicle batteries. (iv) To reduce the cost of manufacturing, installation, purchase, operation, and maintenance of electric drive vehicle bat- teries. (v) To improve the environmental im- pact of electric drive vehicle battery recy- cling processes. (C) Targets In carrying out the battery recycling and second-life applications program, the Sec- retary shall address near-term (up to 2 years), mid-term (up to 5 years), and long- term (up to 10 years) challenges to the recy- cling of electric drive vehicle batteries. (D) Grants (i) In general In carrying out the battery recycling and second-life applications program, the Secretary shall award multiyear grants on a competitive, merit-reviewed basis to eli- gible entities— (I) to conduct research, development, testing, and evaluation of solutions to increase the rate and productivity of electric drive vehicle battery recycling; and (II) for research, development, and demonstration projects to create innova- tive and practical approaches to increase the recycling and second-use of electric drive vehicle batteries, including by ad- dressing— (aa) technology to increase the effi- ciency of electric drive vehicle battery recycling and maximize the recovery of critical materials for use in new products; (bb) expanded uses for critical mate- rials recovered from electric drive ve- hicle batteries; (cc) product design and construction to facilitate the disassembly and recy- cling of electric drive vehicle batteries; (dd) product design and construction and other tools and techniques to ex- tend the lifecycle of electric drive ve- hicle batteries, including methods to promote the safe second-use of electric drive vehicle batteries; (ee) strategies to increase consumer acceptance of, and participation in, the recycling of electric drive vehicle bat- teries; (ff) improvements and changes to electric drive vehicle battery chem- istries that include ways to decrease processing costs for battery recycling without sacrificing front-end perform- ance; (gg) second-use of electric drive vehi- cle batteries, including in applications outside of the automotive industry; and (hh) the commercialization and scale-up of electric drive vehicle bat- tery recycling technologies. (ii) Priority In awarding grants under clause (i), the Secretary shall give priority to projects that— (I) are located in geographically di- verse regions of the United States; (II) include business commercialization plans that have the potential for the re- cycling of electric drive vehicle batteries at high volumes; (III) support the development of ad- vanced manufacturing technologies that have the potential to improve the com- petitiveness of the United States in the international electric drive vehicle bat- tery manufacturing sector; (IV) provide the greatest potential to reduce costs for consumers and promote accessibility and community implemen- tation of demonstrated technologies; (V) increase disclosure and trans- parency of information to consumers; (VI) support the development or dem- onstration of projects in economically distressed areas; and (VII) support other relevant priorities, as determined to be appropriate by the Secretary. (iii) Solicitation Not later than 90 days after November 15, 2021, and annually thereafter, the Sec- retary shall conduct a national solicita- tion for applications for grants described in clause (i). (iv) Dissemination of results The Secretary shall publish the results of the projects carried out through grants awarded under clause (i) through— (I) best practices relating to those grants, for use in the electric drive vehi- cle battery manufacturing, design, in- stallation, refurbishing, or recycling in- dustries; (II) coordination with information dis- semination programs relating to general recycling of electronic devices; and (III) educational materials for the pub- lic, produced in conjunction with State and local governments or nonprofit orga- nizations, on the problems and solutions relating to the recycling and second-life applications of electric drive vehicle bat- teries. (E) Coordination with other programs of the Department In carrying out the battery recycling and second-life applications program, the Sec- retary shall coordinate and leverage the re- sources of complementary efforts of the De- partment. (F) Study and report (i) Study The Secretary shall conduct a study on the viable market opportunities available for the recycling, second-use, and manu- facturing of electric drive vehicle batteries in the United States. (ii) Report Not later than 1 year after November 15, 2021, the Secretary shall submit to the Page 9012 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17231 Committee on Energy and Natural Re- sources of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and any other relevant committee of Congress a report containing the results of the study under clause (i), including a description of— (I) the ability of relevant businesses or other entities to competitively manufac- ture electric drive vehicle batteries and recycle electric drive vehicle batteries in the United States; (II) any existing electric drive vehicle battery recycling and second-use prac- tices and plans of electric drive vehicle manufacturing companies in the United States; (III) any barriers to electric drive vehi- cle battery recycling in the United States; (IV) opportunities and barriers in elec- tric drive vehicle battery supply chains in the United States and internationally, including with allies and trading part- ners; (V) opportunities for job creation in the electric drive vehicle battery recy- cling and manufacturing fields and the necessary skills employees must acquire for growth of those fields in the United States; (VI) policy recommendations for en- hancing electric drive vehicle battery manufacturing and recycling in the United States; (VII) any recommendations for low- ering logistics costs and creating better coordination and efficiency with respect to the removal, collection, transpor- tation, storage, and disassembly of elec- tric drive vehicle batteries; (VIII) any recommendations for areas of coordination with other Federal agen- cies to improve electric drive vehicle battery recycling rates in the United States; (IX) an aggressive 2-year target and plan, the implementation of which shall begin during the 90-day period beginning on the date on which the report is sub- mitted, to enhance the competitiveness of electric drive vehicle battery manu- facturing and recycling in the United States; and (X) needs for future research, develop- ment, and demonstration projects in electric drive vehicle battery manufac- turing, recycling, and related areas, as determined by the Secretary. (G) Evaluation Not later than 3 years after the date on which the report under subparagraph (F)(ii) is submitted, and every 4 years thereafter, the Secretary shall conduct, and make avail- able to the public and the relevant commit- tees of Congress, an independent review of the progress of the grants awarded under subparagraph (D) in meeting the rec- ommendations and targets included in the report. (l) Cost sharing The Secretary shall carry out the programs established under this section in accordance with section 16352 of this title. (m) Merit review of proposals The Secretary shall carry out the programs established under subsections (i), (j), and (k) in accordance with section 16353 of this title. (n) Coordination and nonduplication To the maximum extent practicable, the Sec- retary shall coordinate activities under this sec- tion with other programs and laboratories of the Department and other Federal research pro- grams. (o) Review by National Academy of Sciences On the business day that is 5 years after De- cember 19, 2007, the Secretary shall offer to enter into an arrangement with the National Academy of Sciences to assess the performance of the Department in carrying out this section. (p) Authorization of appropriations There are authorized to be appropriated to carry out— (1) the basic research program under sub- section (f) $50,000,000 for each of fiscal years 2009 through 2018; (2) the applied research program under sub- section (g) $80,000,000 for each of fiscal years 2009 through 2018; and; 2 (3) the energy storage research center pro- gram under subsection (h) $100,000,000 for each of fiscal years 2009 through 2018; (4) the energy storage systems demonstra- tion program under subsection (i) $30,000,000 for each of fiscal years 2009 through 2018; (5) the vehicle energy storage demonstration program under subsection (j) $30,000,000 for each of fiscal years 2009 through 2018; and (6) the electric drive vehicle battery recy- cling and second-life applications program under subsection (k) $200,000,000 for the period of fiscal years 2022 through 2026. (q) Critical material recycling and reuse re- search, development, and demonstration pro- gram (1) Definitions In this subsection: (A) Critical material The term ‘‘critical material’’ has the meaning given the term in 1606 of title 30. (B) Critical material recycling The term ‘‘critical material recycling’’ means the separation and recovery of crit- ical materials embedded within an energy storage system through physical or chemical means for the purpose of reuse of those crit- ical materials in other technologies. (2) Establishment Not later than 180 days after December 27, 2020, the Secretary shall establish a research, development, and demonstration program for critical material recycling and reuse of energy storage systems containing critical materials. (3) Research, development, and demonstration In carrying out the program established under paragraph (1), the Secretary shall con- duct— Page 9013 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17232 (A) research, development, and demonstra- tion activities for— (i) technologies, process improvements, and design optimizations that facilitate and promote critical material recycling of energy storage systems, including separa- tion and sorting of component materials of such systems, and extraction, recovery, and reuse of critical materials from such systems; (ii) technologies and methods that miti- gate emissions and environmental impacts that arise from critical material recycling, including disposal of toxic reagents and byproducts related to critical material re- cycling processes; (iii) technologies to enable extraction, recovery, and reuse of energy storage sys- tems from electric vehicles and critical material recycling from such vehicles; and (iv) technologies and methods to enable the safe transport, storage, and disposal of energy storage systems containing critical materials, including waste materials and components recovered during the critical material recycling process; and (B) research on nontechnical barriers to improve the collection and critical material recycling of energy storage systems, includ- ing strategies to improve consumer edu- cation of, acceptance of, and participation in, the critical material recycling of energy storage systems. (4) Report to Congress Not later than 2 years after December 27, 2020, and every 3 years thereafter, the Sec- retary shall submit to the Committee on Science, Space, and Technology and the Com- mittee on Energy and Commerce of the House of Representatives and the Committee on En- ergy and Natural Resources of the Senate a re- port summarizing the activities, findings, and progress of the program. (Pub. L. 110–140, title VI, § 641, Dec. 19, 2007, 121 Stat. 1688; Pub. L. 116–260, div. Z, title III, § 3201(f), formerly § 3201(e), Dec. 27, 2020, 134 Stat. 2523, renumbered § 3201(f), Pub. L. 117–58, div. D, title III, § 40334(1), Nov. 15, 2021, 135 Stat. 1025; Pub. L. 117–58, div. D, title II, § 40208, Nov. 15, 2021, 135 Stat. 971; Pub. L. 117–286, § 4(a)(280), Dec. 27, 2022, 136 Stat. 4336.) Editorial Notes CODIFICATION Section 40334(1) of Pub. L. 117–58, which directed amendment of section 3201 of the Energy Policy Act of 2020 by redesignating subsection (e) as subsection (f), was executed by making the amendment to section 3201 of div. Z of Pub. L. 116–260, known as the Energy Act of 2020, to reflect the probable intent of Congress. AMENDMENTS 2022—Subsec. (e)(3)(B). Pub. L. 117–286 substituted ‘‘Chapter 10 of title 5’’ for ‘‘Federal Advisory Com- mittee Act’’ in heading and ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’ in text. 2021—Subsec. (k). Pub. L. 117–58, § 40208(1), added sub- sec. (k) and struck out former subsec. (k) which related to secondary applications and disposal of electric drive vehicle batteries. Subsec. (p)(6). Pub. L. 117–58, § 40208(2), added par. (6) and struck out former par. (6) which read as follows: ‘‘the secondary applications and disposal of electric drive vehicle batteries program under subsection (k) $5,000,000 for each of fiscal years 2009 through 2018.’’ 2020—Subsec. (q). Pub. L. 116–260 added subsec. (q). 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. § 17232. Better energy storage technology (a) Definitions In this section: (1) Energy storage system The term ‘‘energy storage system’’ means any system, equipment, facility, or technology that— (A) is capable of absorbing or converting energy, storing the energy for a period of time, and dispatching the energy; and (B)(i) uses mechanical, electrochemical, thermal, electrolysis, or other processes to convert and store electric energy that was generated at an earlier time for use at a later time; (ii) uses mechanical, electrochemical, bio- chemical, or thermal processes to convert and store energy generated from mechanical processes that would otherwise be wasted, for delivery at a later time; or (iii) stores energy in an electric, thermal, or gaseous state for direct use for heating or cooling at a later time in a manner that avoids the need to use electricity or other fuel sources at that later time, such as a grid-enabled water heater. (2) Program The term ‘‘program’’ means the Energy Storage System Research, Development, and Deployment Program established under sub- section (b)(1). (3) Secretary The term ‘‘Secretary’’ means the Secretary of Energy. (b) Energy Storage System Research, Develop- ment, and Deployment Program (1) Establishment Not later than 180 days after December 27, 2020, the Secretary shall establish a program, to be known as the Energy Storage System Research, Development, and Deployment Pro- gram. (2) Initial program objectives The program shall focus on research, devel- opment, and deployment of— (A) energy storage systems, components, and materials designed to further the devel- opment of technologies—