42 U.S.C. § 16192 — Next Generation Lighting Initiative

Page 8800 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16192 AMENDMENTS 2007—Subsec. (a)(2)(E). Pub. L. 110–140 added subpar. (E). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. § 16192. Next Generation Lighting Initiative (a) Definitions In this section: (1) Advanced solid-state lighting The term ‘‘advanced solid-state lighting’’ means a semiconducting device package and delivery system that produces white light using externally applied voltage. (2) Industry Alliance The term ‘‘Industry Alliance’’ means an en- tity selected by the Secretary under sub- section (d). (3) Initiative The term ‘‘Initiative’’ means the Next Gen- eration Lighting Initiative carried out under this section. (4) Research The term ‘‘research’’ includes research on the technologies, materials, and manufac- turing processes required for white light emit- ting diodes. (5) White light emitting diode The term ‘‘white light emitting diode’’ means a semiconducting package, using either organic or inorganic materials, that produces white light using externally applied voltage. (b) Initiative The Secretary shall carry out a Next Genera- tion Lighting Initiative in accordance with this section to support research, development, dem- onstration, and commercial application activi- ties related to advanced solid-state lighting technologies based on white light emitting di- odes. (c) Objectives The objectives of the Initiative shall be to de- velop advanced solid-state organic and inorganic lighting technologies based on white light emit- ting diodes that, compared to incandescent and fluorescent lighting technologies, are longer lasting, are more energy-efficient and cost-com- petitive, and have less environmental impact. (d) Industry Alliance Not later than 90 days after August 8, 2005, the Secretary shall competitively select an Industry Alliance to represent participants who are pri- vate, for-profit firms, open to large and small businesses, that, as a group, are broadly rep- resentative of United States solid-state lighting research, development, infrastructure, and man- ufacturing expertise as a whole. (e) Research (1) Grants The Secretary shall carry out the research activities of the Initiative through competi- tively awarded grants to— (A) researchers, including Industry Alli- ance participants; (B) small businesses; (C) National Laboratories; and (D) institutions of higher education. (2) Industry alliance The Secretary shall annually solicit from the Industry Alliance— (A) comments to identify solid-state light- ing technology needs; (B) an assessment of the progress of the re- search activities of the Initiative; and (C) assistance in annually updating solid- state lighting technology roadmaps. (3) Availability to public The information and roadmaps under para- graph (2) shall be available to the public. (f) Development, demonstration, and commercial application (1) In general The Secretary shall carry out a develop- ment, demonstration, and commercial applica- tion program for the Initiative through com- petitively selected awards. (2) Preference In making the awards, the Secretary may give preference to participants in the Industry Alliance. (g) Cost sharing In carrying out this section, the Secretary shall require cost sharing in accordance with section 16352 of this title. (h) Intellectual property The Secretary may require (in accordance with section 202(a)(ii) of title 35, section 2182 of this title, and section 5908 of this title) that for any new invention developed under subsection (e)— (1) that the Industry Alliance participants who are active participants in research, devel- opment, and demonstration activities related to the advanced solid-state lighting tech- nologies that are covered by this section shall be granted the first option to negotiate with the invention owner, at least in the field of solid-state lighting, nonexclusive licenses and royalties on terms that are reasonable under the circumstances; (2)(A) that, for 1 year after a United States patent is issued for the invention, the patent holder shall not negotiate any license or roy- alty with any entity that is not a participant in the Industry Alliance described in para- graph (1); and (B) that, during the year described in sub- paragraph (A), the patent holder shall nego- tiate nonexclusive licenses and royalties in good faith with any interested participant in the Industry Alliance described in paragraph (1); and (3) such other terms as the Secretary deter- mines are required to promote accelerated commercialization of inventions made under the Initiative. (i) National Academy review The Secretary shall enter into an arrangement with the National Academy of Sciences to con- duct periodic reviews of the Initiative. Page 8801 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16195 (Pub. L. 109–58, title IX, § 912, Aug. 8, 2005, 119 Stat. 858.) § 16193. National Building Performance Initiative (a) Interagency group (1) In general Not later than 90 days after August 8, 2005, the Director of the Office of Science and Tech- nology Policy shall establish an interagency group to develop, in coordination with the ad- visory committee established under subsection (e), a National Building Performance Initia- tive (referred to in this section as the ‘‘Initia- tive’’). (2) Cochairs The interagency group shall be co-chaired by appropriate officials of the Department and the Department of Commerce, who shall joint- ly arrange for the provision of necessary ad- ministrative support to the group. (b) Integration of efforts The Initiative shall integrate Federal, State, and voluntary private sector efforts to reduce the costs of construction, operation, mainte- nance, and renovation of commercial, industrial, institutional, and residential buildings. (c) Plan (1) In general Not later than 1 year after August 8, 2005, the interagency group shall submit to Con- gress a plan for carrying out the appropriate Federal role in the Initiative. (2) Inclusions The plan shall include— (A) research, development, demonstration, and commercial application of energy tech- nology systems and materials for new con- struction and retrofit relating to the build- ing envelope and building system compo- nents; (B) research, development, demonstration, and commercial application of energy tech- nology and infrastructure enabling the en- ergy efficient, automated operation of build- ings and building equipment; and (C) the collection, analysis, and dissemina- tion of research results and other pertinent information on enhancing building perform- ance to industry, government entities, and the public. (d) Department of Energy role Within the Federal portion of the Initiative, the Department shall be the lead agency for all aspects of building performance related to use and conservation of energy. (e) Advisory committee The Director of the Office of Science and Tech- nology Policy shall establish an advisory com- mittee to— (1) analyze and provide recommendations on potential private sector roles and participa- tion in the Initiative; and (2) review and provide recommendations on the plan described in subsection (c). (f) Administration Nothing in this section provides any Federal agency with new authority to regulate building performance. (Pub. L. 109–58, title IX, § 913, Aug. 8, 2005, 119 Stat. 860.) § 16194. Building standards (a) Definition of high performance building In this section, the term ‘‘high performance building’’ means a building that integrates and optimizes all major high-performance building attributes, including energy efficiency, dura- bility, life-cycle performance, and occupant pro- ductivity. (b) Assessment Not later than 120 days after August 8, 2005, the Secretary shall enter into an agreement with the National Institute of Building Sciences to— (1) conduct an assessment (in cooperation with industry, standards development organi- zations, and other entities, as appropriate) of whether the current voluntary consensus standards and rating systems for high per- formance buildings are consistent with the current technological state of the art, includ- ing relevant results from the research, devel- opment and demonstration activities of the Department; (2) determine if additional research is re- quired, based on the findings of the assess- ment; and (3) recommend steps for the Secretary to ac- celerate the development of voluntary con- sensus-based standards for high performance buildings that are based on the findings of the assessment. (c) Grant and technical assistance program Consistent with subsection (b) and section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note), the Secretary shall establish a grant and technical assistance program to support the development of voluntary consensus-based standards for high performance buildings. (Pub. L. 109–58, title IX, § 914, Aug. 8, 2005, 119 Stat. 861.) Editorial Notes REFERENCES IN TEXT Section 12(d) of the National Technology Transfer and Advancement Act of 1995, referred to in subsec. (c), is section 12(d) of Pub. L. 104–113, which is set out as a note under section 272 of Title 15, Commerce and Trade. § 16195. Secondary electric vehicle battery use program (a) Definitions In this section: (1) Battery The term ‘‘battery’’ means an energy stor- age device that previously has been used to provide motive power in a vehicle powered in whole or in part by electricity. (2) Associated equipment The term ‘‘associated equipment’’ means equipment located where the batteries will be used that is necessary to enable the use of the energy stored in the batteries.