42 U.S.C. § 17212 — Water power technology research, devel-

Page 9003 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17212 (3) to demonstrate and promote commercial application of technologies related to geo- thermal energy as part of the project. (d) Cost sharing The cost-sharing requirements of section 16352 of this title shall apply to any project carried out under this section. (e) Authorization of appropriations Out of funds authorized under section 17202 of this title, there is authorized to be appropriated to carry out this section $5,000,000 for each of fis- cal years 2021 through 2025. (Pub. L. 110–140, title VI, § 625, Dec. 19, 2007, 121 Stat. 1685; Pub. L. 116–260, div. Z, title III, § 3002(l), Dec. 27, 2020, 134 Stat. 2496.) Editorial Notes AMENDMENTS 2020—Subsec. (a)(2). Pub. L. 116–260, § 3002(l)(1), in- serted ‘‘or heat’’ after ‘‘electrical power’’. Subsec. (e). Pub. L. 116–260, § 3002(l)(2), amended sub- sec. (e) generally. Prior to amendment, text read as fol- lows: ‘‘There are authorized to be appropriated such sums as are necessary to carry out this section.’’ 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 C—WATER POWER RESEARCH AND DEVELOPMENT Editorial Notes CODIFICATION Subtitle C of title VI of the Energy Independence and Security Act of 2007, known as the Marine and Hydrokinetic Renewable Energy Research and Develop- ment Act, comprising this part, was originally enacted by Pub. L. 110–140, title VI, Dec. 19, 2007, 121 Stat. 1686. Such part is shown herein, however, as having been added by Pub. L. 116–260, div. Z, title III, § 3001(a), Dec. 27, 2020, 134 Stat. 2479, because of the extensive revision of the part’s provisions by Pub. L. 116–260. Statutory Notes and Related Subsidiaries APPLICATION Provisions of section 3212 of this title applicable to construction, alteration, or repair work of demonstra- tion projects funded by grants or contracts authorized under this part, see section 9006(b) of div. Z of Pub. L. 116–260, set out as a note under section 16237 of this title. § 17211. Definitions In this part: (1) Eligible entity The term ‘‘eligible entity’’ means any of the following entities: (A) An institution of higher education. (B) A National Laboratory. (C) A Federal research agency. (D) A State research agency. (E) A nonprofit research organization. (F) An industrial entity or a multi-institu- tional consortium thereof. (2) Institution of higher education The term ‘‘institution of higher education’’ means— (A) an institution of higher education (as defined in section 1001(a) of title 20); or (B) a postsecondary vocational institution (as defined in section 1002(c) of title 20). (3) Marine energy The term ‘‘marine energy’’ means energy from— (A) waves, tides, and currents in oceans, estuaries, and tidal areas; (B) free flowing water in rivers, lakes, streams, and man-made channels; (C) differentials in salinity and pressure gradients; and (D) differentials in water temperature, in- cluding ocean thermal energy conversion. (4) National laboratory The term ‘‘National Laboratory’’ has the meaning given such term in section 15801(3) of this title. (5) Water power The term ‘‘water power’’ refers to hydro- power, including conduit power, pumped stor- age, and marine energy technologies. (6) Microgrid The term ‘‘microgrid’’ has the meaning given such term in section 17231 of this title. (Pub. L. 110–140, title VI, § 632, as added Pub. L. 116–260, div. Z, title III, § 3001(a), Dec. 27, 2020, 134 Stat. 2479.) Editorial Notes PRIOR PROVISIONS A prior section 17211, Pub. L. 110–140, title VI, § 632, Dec. 19, 2007, 121 Stat. 1686, related to definitions of terms, prior to the general amendment of this part by Pub. L. 116–260. Statutory Notes and Related Subsidiaries SHORT TITLE This part was formerly known as the ‘‘Marine and Hydrokinetic Renewable Energy Research and Develop- ment Act’’, see Short Title note formerly set out under section 17001 of this title. § 17212. Water power technology research, devel- opment, and demonstration The Secretary shall carry out a program to conduct research, development, demonstration, and commercial application of water power technologies in support of each of the following purposes: (1) To promote research, development, dem- onstration, and commercial application of water power generation technologies in order to increase capacity and reduce the cost of those technologies. (2) To promote research and development to improve the environmental impact of water power technologies. (3) To provide grid reliability and resilience, including through technologies that facilitate new market opportunities, such as ancillary services, for water power. Page 9004 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17213 (4) To promote the development of water power technologies to improve economic growth and enhance cross-institutional foundational workforce development in the water power sector, including in coastal com- munities. (Pub. L. 110–140, title VI, § 633, as added Pub. L. 116–260, div. Z, title III, § 3001(a), Dec. 27, 2020, 134 Stat. 2480.) Editorial Notes PRIOR PROVISIONS A prior section 17212, Pub. L. 110–140, title VI, § 633, Dec. 19, 2007, 121 Stat. 1686, related to marine and hydrokinetic renewable energy research and develop- ment, prior to the general amendment of this part by Pub. L. 116–260. § 17213. Hydropower research, development, and demonstration The Secretary shall conduct a program of re- search, development, demonstration, and com- mercial application for technologies that im- prove the capacity, efficiency, resilience, secu- rity, reliability, affordability, and environ- mental impact, including potential cumulative environmental impacts, of hydropower systems. In carrying out such program, the Secretary shall prioritize activities designed to— (1) develop technology for— (A) non-powered dams, including aging and potentially hazardous dams; (B) pumped storage; (C) constructed waterways; (D) new stream-reach development; (E) modular and small dams; (F) increased operational flexibility; and (G) enhancement of relevant existing fa- cilities; (2) develop new strategies and technologies, including analytical methods, physical and numerical tools, and advanced computing, as well as methods to validate such methods and tools, in order to— (A) extend the operational lifetime of hy- dropower systems and their physical struc- tures, while improving environmental im- pact, including potential cumulative envi- ronmental impacts; (B) assist in device and system design, in- stallation, operation, and maintenance; and (C) reduce costs, limit outages, and in- crease unit and plant efficiencies, including by examining the impact of changing water and electricity demand on hydropower gen- eration, flexibility, and provision of grid services; (3) study, in conjunction with other relevant Federal agencies as appropriate, methods to improve the hydropower licensing process, in- cluding by compiling current and accepted best practices, public comments, and meth- odologies to assess the full range of potential environmental and economic impacts; (4) identify opportunities for joint research, development, and demonstration programs be- tween hydropower systems, which may in- clude— (A) pumped storage systems and other re- newable energy systems; (B) small hydro facilities and other energy storage systems; (C) other hybrid energy systems; (D) small hydro facilities and critical in- frastructure, including water infrastructure; and (E) hydro facilities and responsive load technologies, which may include smart buildings and city systems; (5) improve the reliability of hydropower technologies, including during extreme weath- er events; (6) develop methods and technologies to im- prove environmental impact, including poten- tial cumulative environmental impacts, of hy- dropower and pumped storage technologies, in- cluding potential impacts on wildlife, such as— (A) fisheries; (B) aquatic life and resources; (C) navigation of waterways; and (D) upstream and downstream environ- mental conditions, including sediment movement, water quality, and flow volumes; (7) identify ways to increase power genera- tion by— (A) diversifying plant configuration op- tions; (B) improving pump-back efficiencies; (C) investigating multi-phase systems; (D) developing, testing, and monitoring ad- vanced generators with faster cycling times, variable speeds, and improved efficiencies; (E) developing, testing, and monitoring ad- vanced turbines capable of improving envi- ronmental impact, including potential cu- mulative environmental impacts, including small turbine designs; (F) developing standardized powertrain components; (G) developing components with advanced materials and manufacturing processes, in- cluding additive manufacturing; and (H) developing analytical tools that enable hydropower to provide grid services that, amongst other services, improve grid inte- gration of other energy sources; (8) advance new pumped storage tech- nologies, including— (A) systems with adjustable speed and other new pumping and generating equip- ment designs; (B) modular systems; (C) alternative closed-loop systems, in- cluding mines and quarries; and (D) other innovative equipment and mate- rials as determined by the Secretary; (9) reduce civil works costs and construction times for hydropower and pumped storage sys- tems, including comprehensive data and sys- tems analysis of hydropower and pumped stor- age construction technologies and processes in order to identify areas for whole-system effi- ciency gains; (10) advance efficient and reliable integra- tion of hydropower and pumped storage sys- tems with the electric grid by— (A) improving methods for operational forecasting of renewable energy systems to