42 U.S.C. § 16183 — Energy and water for sustainability

Page 8796 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16181 SUBCHAPTER IX—RESEARCH AND DEVELOPMENT § 16181. Goals (a) In general In order to achieve the purposes of this sub- chapter, the Secretary shall conduct a balanced set of programs of energy research, develop- ment, demonstration, and commercial applica- tion with the general goals of— (1) increasing the efficiency of all energy in- tensive sectors through conservation and im- proved technologies; (2) promoting diversity of energy supply; (3) decreasing the dependence of the United States on foreign energy supplies; (4) improving the energy security of the United States; and (5) decreasing the environmental impact of energy-related activities. (b) Goals The Secretary shall publish measurable cost and performance-based goals, comparable over time, with each annual budget submission in at least the following areas: (1) Energy efficiency for buildings, energy- consuming industries, and vehicles. (2) Electric energy generation (including dis- tributed generation), transmission, and stor- age. (3) Renewable energy technologies, including wind power, photovoltaics, solar thermal sys- tems, geothermal energy, hydrogen-fueled sys- tems, biomass-based systems, biofuels, and hy- dropower. (4) Fossil energy, including power genera- tion, onshore and offshore oil and gas resource recovery, and transportation fuels. (5) Nuclear energy, including programs for existing and advanced reactors, and education of future specialists. (c) Public comment The Secretary shall provide mechanisms for input on the annually published goals from in- dustry, institutions of higher education, and other public sources. (d) Effect of goals Nothing in subsection (a) or the annually pub- lished goals creates any new authority for any Federal agency, or may be used by any Federal agency, to support the establishment of regu- latory standards or regulatory requirements. (Pub. L. 109–58, title IX, § 902, Aug. 8, 2005, 119 Stat. 856.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (a), was in the original ‘‘this title’’, meaning title IX of Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 856, which enacted this sub- chapter, amended sections 8101 and 8102 of Title 7, Agri- culture, and section 5523 of Title 15, Commerce and Trade, enacted provisions set out as notes under sec- tion 15801 of this title, section 8102 of Title 7, and sec- tion 2001 of Title 30, Mineral Lands and Mining, and amended provisions set out as notes under section 8101 of Title 7 and section 1902 of Title 30. For complete classification of title IX to the Code, see Short Title note set out under section 15801 of this title and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE For short title of title IX of Pub. L. 109–58, which en- acted this subchapter, as the ‘‘Energy Research, Devel- opment, Demonstration, and Commercial Application Act of 2005’’, see section 431 of Pub. L. 109–58, set out as a note under section 15801 of this title. § 16182. Definitions In this subchapter: (1) Departmental mission The term ‘‘departmental mission’’ means any of the functions vested in the Secretary by the Department of Energy Organization Act (42 U.S.C. 7101 et seq.) or other law. (2) Hispanic-serving institution The term ‘‘Hispanic-serving institution’’ has the meaning given the term in section 1101a(a) of title 20. (3) Nonmilitary energy laboratory The term ‘‘nonmilitary energy laboratory’’ means a National Laboratory other than a Na- tional Laboratory listed in subparagraph (G), (H), or (N) of section 15801(3) of this title. (4) Part B institution The term ‘‘part B institution’’ has the mean- ing given the term in section 1061 of title 20. (5) Single-purpose research facility The term ‘‘single-purpose research facility’’ means— (A) any of the primarily single-purpose en- tities owned by the Department; or (B) any other organization of the Depart- ment designated by the Secretary. (6) University The term ‘‘university’’ has the meaning given the term ‘‘institution of higher edu- cation’’ in section 1001 of title 20. (Pub. L. 109–58, title IX, § 903, Aug. 8, 2005, 119 Stat. 856.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title IX of Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 856, which enacted this subchapter, amended sections 8101 and 8102 of Title 7, Agriculture, and section 5523 of Title 15, Commerce and Trade, en- acted provisions set out as notes under section 15801 of this title, section 8102 of Title 7, and section 2001 of Title 30, Mineral Lands and Mining, and amended provi- sions set out as notes under section 8101 of Title 7 and section 1902 of Title 30. For complete classification of title IX to the Code, see Short Title note set out under section 15801 of this title and Tables. The Department of Energy Organization Act, referred to in par. (1), is Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, which is classified principally to chapter 84 (§ 7101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 7101 of this title and Tables. § 16183. Energy and water for sustainability (a) Nexus of energy and water for sustainability (1) Definitions In this section: Page 8797 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16183 (A) Department The term ‘‘Department’’ means the De- partment of Energy. (B) Energy-water nexus The term ‘‘energy-water nexus’’ means the links between— (i) the water needed to produce fuels, electricity, and other forms of energy; and (ii) the energy needed to transport, re- claim, and treat water and wastewater. (C) Interagency RD&D Coordination Com- mittee The term ‘‘Interagency RD&D Coordina- tion Committee’’ means the Interagency RD&D Coordination Committee on the Nexus of Energy and Water for Sustain- ability (or the ‘‘NEWS RD&D Committee’’) established under paragraph (3)(A). (D) Nexus of Energy and Water Sustain- ability RD&D Office; NEWS RD&D Office The term ‘‘Nexus of Energy and Water Sustainability RD&D Office’’ or the ‘‘NEWS RD&D Office’’ means an office located at the Department and managed in cooperation with the Department of the Interior pursu- ant to an agreement between the 2 agencies to carry out leadership and administrative functions for the Interagency RD&D Coordi- nation Committee. (E) RD&D The term ‘‘RD&D’’ means research, devel- opment, and demonstration. (F) Secretary The term ‘‘Secretary’’ means the Sec- retary of Energy. (2) Statement of policy Recognizing States’ primacy over allocation and administration of water resources (except in specific instances where preempted under Federal law) and the siting of energy infra- structure within State boundaries on non-Fed- eral lands, it is the national policy that the Federal government, in all energy-water nexus management activities, shall maximize co- ordination and consultation among Federal agencies and with State and local govern- ments, and disseminate information to the public in the most effective manner. (3) Interagency RD&D Coordination Com- mittee (A) Establishment Not later than 180 days after December 27, 2020, the Secretary and the Secretary of the Interior shall establish the joint NEWS RD&D Office and Interagency RD&D Coordi- nation Committee on the Nexus of Energy and Water for Sustainability (or the ‘‘NEWS RD&D Committee’’) to carry out the duties described in subparagraph (C). (B) Administration (i) Chairs The Secretary and the Secretary of the Interior shall jointly manage the NEWS RD&D Office and serve as co-chairs of the Interagency RD&D Coordination Com- mittee. (ii) Membership; staffing Membership and staffing shall be deter- mined by the co-chairs. (C) Duties The Interagency RD&D Coordination Com- mittee shall— (i) serve as a forum for developing com- mon Federal goals and plans on energy- water nexus RD&D activities, in coordina- tion with the National Science and Tech- nology Council; (ii) not later than 1 year after December 27, 2020, and biennially thereafter, issue a strategic plan on energy-water nexus RD&D activities, priorities, and objectives pursuant to subparagraph (D), which shall be developed in consultation with relevant State and local governments; (iii) convene and promote coordination of RD&D activities of relevant Federal de- partments and agencies on energy-water nexus; (iv)(I) coordinate and develop capabili- ties and methodologies related to RD&D activities for data collection, data commu- nication protocols (including models and modeling results), data management, and dissemination of validated data and re- sults related to energy-water nexus RD&D activities to requesting Federal depart- ments and agencies; and (II) promote information exchange be- tween Federal departments and agencies— (aa) to identify and document Federal and non-Federal RD&D programs and funding opportunities that support basic and applied RD&D proposals to advance energy-water nexus related science and technologies; (bb) to leverage existing RD&D pro- grams by encouraging joint solicita- tions, block grants, and matching pro- grams with non-Federal entities; and (cc) to identify opportunities for do- mestic and international public-private partnerships, innovative financing mech- anisms, and information and data ex- change with respect to RD&D activities; (v) identify ways to leverage existing RD&D programs, including programs at the State and local level; (vi) make publicly available the results of RD&D activities on the energy water nexus; (vii) with regard to RD&D programs, rec- ommend improvements and best practices for the collection and dissemination of fed- eral water use data and the use of moni- toring networks; and (viii) promote coordination on RD&D with non-Federal interests by— (I) consulting with representatives of research and academic institutions, State, local, and Tribal governments, public utility commissions, and indus- try, who have expertise in technologies, technological innovations, or practices relating to the energy-water nexus; and (II) considering conducting technical workshops. Page 8798 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16183 (D) Strategic plan In developing the strategic plan pursuant to (C)(ii), the Interagency RD&D Coordina- tion Committee shall— (i) to the maximum extent possible, avoid duplication with other Federal RD&D programs, and projects, including with those of the National Laboratories; (ii) consider inclusion of specific re- search, development and demonstration needs, including— (I) innovative practices, technologies and other advancements improving water efficiency, treatment, recovery, or reuse associated with energy generation, including cooling, and fuel production; (II) innovative practices, technologies and other advancements associated with energy use in water collection, supply, delivery, distribution, treatment, or reuse; (III) innovative practices, technologies and other advancements associated with generation or production of energy from water or wastewater systems; and (IV) modeling and systems analysis re- lated to energy-water nexus; and (iii) submit the plan to the Committee on Energy and Natural Resources of the Senate and the Committees on Science, Space, and Technology, Energy and Com- merce, and Natural Resources of the House of Representatives. (E) Rules of construction (i) Nothing in this section grants to the Interagency RD&D Coordination Committee the authority to promulgate regulations or set standards. (ii) Notwithstanding any other provision of law, nothing in this section shall be con- strued to require State, Tribal, or local gov- ernments to take any action that may result in an increased financial burden to such gov- ernments. (F) Additional participation In developing the strategic plan described in subparagraph (C)(ii), the Secretary shall consult and coordinate with a diverse group of representatives from research and aca- demic institutions, industry, public utility commissions, and State and local govern- ments who have expertise in technologies and practices relating to the energy-water nexus. (G) Review; report At the end of the 5-year period beginning on the date on which the Interagency RD&D Coordination Committee and NEWS RD&D Office are established, the NEWS RD&D Of- fice shall— (i) review the activities, relevance, and effectiveness of the Interagency RD&D Co- ordination Committee; and (ii) submit to the Committee on Energy and Natural Resources of the Senate and the Committees on Science, Space, and Technology, Energy and Commerce, and Natural Resources of the House of Rep- resentatives a report that— (I) describes the results of the review conducted under clause (i); and (II) includes a recommendation on whether the Interagency RD&D Coordi- nation Committee should continue. (4) Crosscut budget Not later than 30 days after the President submits the budget of the United States Gov- ernment under section 1105 of title 31, the co- chairs of the Interagency RD&D Coordination Committee (acting through the NEWS RD&D Office) shall submit to the Committee on En- ergy and Natural Resources of the Senate and the Committees on Science, Space, and Tech- nology, Energy and Commerce, and Natural Resources of the House of Representatives, an interagency budget crosscut report that dis- plays at the program-, project-, and activity- level for each of the Federal agencies that carry out or support (including through grants, contracts, interagency and intraagency transfers, and multiyear and no- year funds) basic and applied RD&D activities to advance the energy-water nexus related science and technologies, including— (A) the budget proposed in the budget re- quest of the President for the upcoming fis- cal year; (B) expenditures and obligations for the prior fiscal year; and (C) estimated expenditures and obligations for the current fiscal year. (5) Termination (A) In general The authority provided to the NEWS RD&D Office and NEWS RD&D Committee under this subsection shall terminate on the date that is 7 years after December 27, 2020. (B) Effect The termination of authority under sub- paragraph (A) shall not affect ongoing inter- agency planning, coordination, or other RD&D activities relating to the energy- water nexus. (b) Integrating energy and water research The Secretary shall integrate the following considerations into energy RD&D programs and projects of the Department by— (1) advancing RD&D for energy and energy efficiency technologies and practices that meet the objectives of— (A) minimizing freshwater withdrawal and consumption; (B) increasing water use efficiency; and (C) utilizing nontraditional water sources; (2) considering the effects climate varia- bility may have on water supplies and quality for energy generation and fuel production; and (3) improving understanding of the energy- water nexus (as defined in subsection (a)(1)). (c) Additional activities The Secretary may provide for such additional RD&D activities as appropriate to integrate the considerations described in subsection (b) into the RD&D activities of the Department. (Pub. L. 116–260, div. Z, title I, § 1010, Dec. 27, 2020, 134 Stat. 2438.) Page 8799 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16191 Editorial Notes CODIFICATION Section was enacted as part of the Energy Act of 2020, and not as part of the Energy Policy Act of 2005 which comprises this chapter. PART A—ENERGY EFFICIENCY § 16191. Energy efficiency (a) In general (1) Objectives The Secretary shall conduct programs of en- ergy efficiency research, development, dem- onstration, and commercial application, in- cluding activities described in this part. Such programs shall take into consideration the fol- lowing objectives: (A) Increasing the energy efficiency of ve- hicles, buildings, and industrial processes. (B) Reducing the demand of the United States for energy, especially energy from foreign sources. (C) Reducing the cost of energy and mak- ing the economy more efficient and competi- tive. (D) Improving the energy security of the United States. (E) Reducing the environmental impact of energy-related activities. (2) Programs Programs under this part shall include re- search, development, demonstration, and com- mercial application of— (A) advanced, cost-effective technologies to improve the energy efficiency and envi- ronmental performance of vehicles, includ- ing— (i) hybrid and electric propulsion sys- tems; (ii) plug-in hybrid systems; (iii) advanced combustion engines; (iv) weight and drag reduction tech- nologies; (v) whole-vehicle design optimization; and (vi) advanced drive trains; (B) cost-effective technologies, for new construction and retrofit, to improve the en- ergy efficiency and environmental perform- ance of buildings, using a whole-buildings approach, including onsite renewable energy generation; (C) advanced technologies to improve the energy efficiency, environmental perform- ance, and process efficiency of energy-inten- sive and waste-intensive industries; (D) advanced control devices to improve the energy efficiency of electric motors, in- cluding those used in industrial processes, heating, ventilation, and cooling; and (E) technologies to improve the energy ef- ficiency of appliances and mechanical sys- tems for buildings in cold climates, includ- ing combined heat and power units and in- creased use of renewable resources, includ- ing fuel. (b) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out energy efficiency and conservation research, development, demonstra- tion, and commercial application activities, in- cluding activities authorized under this part— (1) $783,000,000 for fiscal year 2007; (2) $865,000,000 for fiscal year 2008; and (3) $952,000,000 for fiscal year 2009. (c) Allocations From amounts authorized under subsection (b), the following sums are authorized: (1) For activities under section 16192 of this title, $50,000,000 for each of fiscal years 2007 through 2009. (2) For activities under section 16195 of this title, $7,000,000 for each of fiscal years 2007 through 2009. (3) For activities under subsection (a)(2)(A)— (A) $200,000,000 for fiscal year 2007; (B) $270,000,000 for fiscal year 2008; and (C) $310,000,000 for fiscal year 2009. (4) For activities under subsection (a)(2)(D), $2,000,000 for each of fiscal years 2007 and 2008. (d) Extended authorization There are authorized to be appropriated to the Secretary to carry out section 16192 of this title $50,000,000 for each of fiscal years 2010 through 2013. (e) Limitations None of the funds authorized to be appro- priated under this section may be used for— (1) the issuance or implementation of energy efficiency regulations; (2) the weatherization program established under part A of title IV of the Energy Con- servation and Production Act (42 U.S.C. 6861 et seq.); (3) a State energy conservation plan estab- lished under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.); or (4) a Federal energy management measure carried out under part 3 of title V of the Na- tional Energy Conservation Policy Act (42 U.S.C. 8251 et seq.). (Pub. L. 109–58, title IX, § 911, Aug. 8, 2005, 119 Stat. 857; Pub. L. 110–140, title III, § 315(a), Dec. 19, 2007, 121 Stat. 1571.) Editorial Notes REFERENCES IN TEXT The Energy Conservation and Production Act, re- ferred to in subsec. (e)(2), is Pub. L. 94–385, Aug. 14, 1976, 90 Stat. 1125. Part A of title IV of the Act is classified generally to part A (§ 6861 et seq.) of subchapter III of chapter 81 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6801 of this title and Tables. The Energy Policy and Conservation Act, referred to in subsec. (e)(3), is Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871. Part D of title III of the Act is classified generally to part B (§ 6321 et seq.) of subchapter III of chapter 77 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables. The National Energy Conservation Policy Act, re- ferred to in subsec. (e)(4), is Pub. L. 95–619, Nov. 9, 1978, 92 Stat. 3206. Part 3 of title V of the Act is classified generally to part B (§ 8251 et seq.) of subchapter III of chapter 91 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 8201 of this title and Tables.