[Senate Report 116-202]
[From the U.S. Government Publishing Office]
Calendar No. 358
116th Congress } { Report
SENATE
2d Session } { 116-202
======================================================================
SOLAR ENERGY RESEARCH AND DEVELOPMENT ACT OF 2019
_______
January 9, 2020.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and National Resources,
submitted the following
R E P O R T
[To accompany S. 2668]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2668) to establish a program for
research, development, and demonstration of solar energy
technologies, and for other purposes, having considered the
same, reports favorably thereon with an amendment in the nature
of a substitute and recommends that the bill, as amended, do
pass.
Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Solar Energy Research and
Development Act of 2019''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Economically distressed area.--The term ``economically
distressed area'' means an area described in section 301(a) of
the Public Works and Economic Development Act of 1965 (42
U.S.C. 3161(a)).
(2) Eligible entity.--The term ``eligible entity'' means--
(A) an institution of higher education;
(B) a National Laboratory;
(C) a Federal research agency;
(D) a State research agency;
(E) a research agency associated with a territory or
freely associated state;
(F) a tribal energy development organization;
(G) an Indian tribe;
(H) a tribal organization;
(I) a Native Hawaiian community-based organization;
(J) a nonprofit research organization;
(K) an industrial entity;
(L) any other entity, as determined by the Secretary;
and
(M) a consortium of 2 or more entities described in
subparagraphs (A) through (L).
(3) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304).
(4) Institution of higher education.--The term ``institution
of higher education'' has the meaning given the term in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(5) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(6) Native hawaiian community based organization.--The term
``Native Hawaiian community-based organization'' has the
meaning given the term in section 6207 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7517).
(7) Photovoltaic device.--The term ``photovoltaic device''
means--
(A) a device that converts light directly into
electricity through a solid-state, semiconductor
process;
(B) the photovoltaic cells of a device described in
subparagraph (A); and
(C) the electronic and electrical components of a
device described in subparagraph (A).
(8) Program.--The term ``program'' means the program
established under section 3(a)(1).
(9) Secretary.--The term ``Secretary'' means the Secretary of
Energy.
(10) Solar energy.--The term ``solar energy'' means--
(A) thermal or electric energy derived from radiation
from the Sun; or
(B) energy resulting from a chemical reaction caused
by radiation recently originated in the Sun.
(11) Territory or freely associated state.--The term
``territory or freely associated state'' has the meaning given
the term ``insular area'' in section 1404 of the Food and
Agriculture Act of 1977 (7 U.S.C. 3103).
(12) Tribal energy development organization.--The term
``tribal energy development organization'' has the meaning
given the term in section 2601 of the Energy Policy Act of 1992
(25 U.S.C. 3501).
(13) Tribal organization.--The term ``tribal organization''
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
SEC. 3. SOLAR ENERGY TECHNOLOGY PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a program to
conduct research, development, testing, evaluation,
demonstration, and commercialization of solar energy
technologies in accordance with this section.
(2) Purposes.--The purposes of the program are the following:
(A) To improve the energy efficiency, cost
effectiveness, reliability, resilience, security,
integration, manufacturability, and recyclability of
solar energy technologies.
(B) To optimize the performance and operation of
solar energy components, cells, and systems, and
enabling technologies, including through the
development of new materials, hardware, and software.
(C) To optimize the design and adaptability of solar
energy systems to the broadest practical range of
geographic and atmospheric conditions.
(D) To support the integration of solar energy
technologies with the electric grid and complementary
energy technologies.
(E) To create and improve the conversion of solar
energy to other useful forms of energy or other
products.
(F) To reduce and mitigate any potential negative
impacts of solar energy technologies on humans,
wildlife, and wildlife habitats.
(G) To address barriers to the commercialization and
export of solar energy technologies.
(H) To support the domestic solar industry,
workforce, and supply chain.
(3) Targets.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish targets
for the program to address near-term (up to 2 years), mid-term
(up to 7 years), and long-term (up to 15 years) challenges to
the advancement of solar energy systems.
(b) Activities.--
(1) Types of activities.--In carrying out the program, the
Secretary shall carry out research, development, demonstration,
and commercialization activities, including--
(A) awarding grants and awards, on a competitive,
merit-reviewed basis;
(B) performing precompetitive research and
development;
(C) establishing or maintaining demonstration
facilities and projects, including through stewardship
of existing facilities;
(D) providing technical assistance;
(E) entering into contracts and cooperative
agreements;
(F) providing small business vouchers;
(G) establishing prize competitions;
(H) conducting education and outreach activities; and
(I) conducting analyses, studies, and reports.
(2) Subject areas.--The Secretary shall carry out research,
development, testing, evaluation, demonstration, and
commercialization activities in the following subject areas:
(A) Advanced solar energy technologies, including--
(i) new materials, components, designs, and
systems, including perovskites;
(ii) advanced photovoltaic and thin-film
devices;
(iii) concentrated solar power;
(iv) solar heating and cooling; and
(v) enabling technologies for solar energy
systems, including hardware and software.
(B) Solar energy technology performance, operations,
and security.
(C) Integration of solar energy technologies with--
(i) the electric grid, including
transmission, distribution, microgrids, and
distributed energy systems;
(ii) other energy technologies, including--
(I) other generation sources;
(II) demand response technologies;
and
(III) energy storage technologies;
and
(iii) other nonelectric applications, such as
in the agriculture, transportation, industrial,
and fuels sectors.
(D) Advanced solar energy manufacturing technologies
and practices, including materials, processes, and
design.
(E) Methods to improve the lifetime, maintenance,
recycling, and reuse of solar energy components and
systems.
(F) Solar energy forecasting, modeling, and
atmospheric measurement systems, including for small-
scale, large-scale, and aggregated systems.
(G) Hybrid solar energy systems that incorporate
diverse--
(i) generation sources;
(ii) loads; and
(iii) storage technologies.
(H) Reducing market barriers to the adoption of solar
energy technologies, including impacts on, or
challenges relating to--
(i) distributed solar technologies, including
the development of best practices, models, and
voluntary streamlined processes for local
permitting of distributed solar energy systems
to reduce costs;
(ii) local communities;
(iii) wildlife and wildlife habitats; and
(iv) any other appropriate matter, as
determined by the Secretary.
(I) Transformational technologies for harnessing
solar energy.
(J) Other research areas that advance the purposes of
the program, as determined by the Secretary.
(3) Prioritization.--In carrying out activities under the
program, the Secretary shall give priority to projects that--
(A) are located in a geographically diverse range of
eligible entities;
(B) support the development or demonstration of
projects--
(i) in collaboration with tribal energy
development organizations, Indian tribes,
tribal organizations, Native Hawaiian
community-based organizations, or territories
or freely associated states; or
(ii) in economically distressed areas;
(C) can be replicated in a variety of regions and
climates;
(D) include business commercialization plans that
have the potential for--
(i) domestic manufacturing and production of
solar energy technologies; or
(ii) exports of solar energy technologies;
and
(E) satisfy any other priority that the Secretary
determines to be appropriate.
(4) Coordination.--To the maximum extent practicable, the
Secretary shall coordinate activities under the program with
other relevant programs and capabilities of the Department of
Energy and other Federal research programs.
(5) Use of funds.--To the extent that funding is not
otherwise available through other Federal programs or power
purchase agreements, funding awarded under this subsection may
be used for additional nontechnology costs, as determined to be
appropriate by the Secretary, such as engineering or
feasibility studies.
(c) Advanced Solar Energy Manufacturing Initiative.--
(1) Grants.--In addition to the program activities described
in subsection (b), in carrying out the program, the Secretary
shall award multiyear grants to eligible entities for research,
development, and demonstration projects to advance new solar
energy manufacturing technologies and techniques.
(2) Priority.--In awarding grants under paragraph (1), to the
extent practicable, the Secretary shall give priority to solar
energy manufacturing projects that--
(A) increase efficiency and cost effectiveness in--
(i) the manufacturing process; and
(ii) the use of resources.
(B) support domestic supply chains for materials and
components;
(C) identify and incorporate nonhazardous alternative
materials for components and devices;
(D) operate in partnership with tribal energy
development organizations, Indian tribes, tribal
organizations, Native Hawaiian community-based
organizations, or territories or freely associated
states; or
(E) are located in economically distressed areas.
(3) Evaluation.--Not later than 3 years after the date of
enactment of this Act, and every 4 years thereafter, the
Secretary shall conduct, and make available to the public and
the relevant committees of Congress, an independent review of
the progress of the grants awarded under paragraph (1).
(d) Solar Energy Technology Recycling Research, Development, and
Demonstration Program.--
(1) In general.--In addition to the program activities
described in subsection (b), in carrying out the program, the
Secretary shall award multiyear grants to eligible entities for
research, development, and demonstration projects to create
innovative and practical approaches to increase the reuse and
recycling of solar energy technologies, including--
(A) by increasing the efficiency and cost
effectiveness of the recovery of raw materials from
solar energy technology components and systems,
including enabling technologies such as inverters;
(B) by minimizing environmental impacts from the
recovery and disposal processes;
(C) by addressing any barriers to the research,
development, demonstration, and commercialization of
technologies and processes for the disassembly and
recycling of solar energy devices;
(D) by developing alternative materials, designs,
manufacturing processes, and other aspects of solar
energy technologies and the disassembly and resource
recovery process that enable efficient, cost effective,
and environmentally responsible disassembly of, and
resource recovery from, solar energy technologies; and
(E) strategies to increase consumer acceptance of,
and participation in, the recycling of photovoltaic
devices.
(2) Dissemination of results.--The Secretary shall make
available to the public and the relevant committees of Congress
the results of the projects carried out through grants awarded
under paragraph (1), including any educational and outreach
materials.
(e) Solar Energy Technology Materials Physical Property Database.--
(1) In general.--Not later than September 1, 2021, the
Secretary shall establish a comprehensive physical property
database of materials for use in solar energy technologies,
which shall identify the type, quantity, country of origin,
source, significant uses, and physical properties of materials
used in solar energy technologies.
(2) Coordination.--In establishing the database described in
paragraph (1), the Secretary shall coordinate with--
(A) the Director of the National Institute of
Standards and Technology;
(B) the Administrator of the Environmental Protection
Agency;
(C) the Secretary of the Interior; and
(D) relevant industry stakeholders, as determined by
the Secretary.
(f) Solar Energy Technology Program Strategic Vision.--
(1) In general.--Not later than September 1, 2021, and every
6 years thereafter, the Secretary shall submit to Congress a
report on the strategic vision, progress, goals, and targets of
the program, including assessments of solar energy markets and
manufacturing.
(2) Preparation.--The Secretary shall coordinate the
preparation of the report under paragraph (1) with--
(A) existing peer review processes;
(B) studies conducted by the National Laboratories;
and
(C) the multiyear program planning required under
section 994 of the Energy Policy Act of 2005 (42 U.S.C.
16358).
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out the program $270,000,000 for
each of fiscal years 2020 through 2024.
SEC. 4. CONFORMING AMENDMENTS.
(a) The Solar Energy Research, Development, and Demonstration Act
of 1974 (42 U.S.C. 5551 et seq.) is repealed.
(b) Section 6(b)(3) of the Federal Nonnuclear Energy Research and
Development Act of 1974 (42 U.S.C. 5905(b)(3)) is amended--
(1) by striking subparagraph (L); and
(2) by redesignating subparagraphs (M) through (S) as
subparagraphs (L) through (R), respectively.
(c) The Solar Photovoltaic Energy Research, Development, and
Demonstration Act of 1978 (42 U.S.C. 5581 et seq.) is repealed.
(d) Section 4 of the Renewable Energy and Energy Efficiency
Technology Competitiveness Act of 1989 (42 U.S.C. 12003) is amended--
(1) in the section heading, by striking ``photovoltaics, and
solar thermal'' and inserting ``alcohol from biomass, and other
technology'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``photovoltaics, and solar thermal energy''
and inserting ``alcohol from biomass, and other energy
technology'';
(B) by striking paragraphs (2) and (3); and
(C) by redesignating paragraphs (4) and (5) as
paragraphs (2) and (3), respectively; and
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``the Photovoltaic Energy Systems Program, the
Solar Thermal Energy Systems Program,'';
(B) in paragraph (1)--
(i) by striking subparagraph (A); and
(ii) by redesignating subparagraphs (B) and
(C) as subparagraphs (A) and (B), respectively;
and
(C) in paragraph (2)--
(i) by striking subparagraph (A); and
(ii) by redesignating subparagraphs (B) and
(C) as subparagraphs (A) and (B), respectively.
(e) Section 931 of the Energy Policy Act of 2005 (42 U.S.C. 16231)
is amended--
(1) in subsection (a)(2)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) through (E) as
subparagraphs (A) through (D), respectively;
(2) by striking subsection (d); and
(3) by redesignating subsections (e) through (g) as
subsections (d) through (f), respectively.
(f) Sections 606 and 607 of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17174, 17175) are repealed.
SEC. 5. SAVINGS PROVISION.
The repeal of the Solar Energy Research, Development, and
Demonstration Act of 1974 (42 U.S.C. 5551 et seq.) under section 4(a)
shall not affect the authority of the Secretary to conduct research and
development on solar energy.
Purpose
The purpose of S. 2668 is to establish a program for
research, development, and demonstration (RD&D) of solar energy
technologies.
Background and Need
Solar energy is a renewable energy source with zero
emissions that captures the radiant light and heat of the sun
to create useful energy, including electricity, heat, and
chemicals. The most prevalent uses of solar energy are
photovoltaic cells (PV), in which solar energy is used to
dislodge electrons for use as electricity. Other common forms
of solar energy include concentrating solar power (CSP) in
which light from the sun is focused on a pipe or tower of
liquid until it reaches high temperatures and can be used for
electricity or heat, and solar thermal in which direct light
and heat from the sun is used for heating.
The United States has significant solar energy resource
potential of up to 193,000 gigawatts (GW) of capacity according
to resource assessments. As of 2019, solar energy represented
over two percent of the U.S. electricity mix but is expected to
grow to 15 percent of domestic electricity generation in 2050.
The vast majority of current and projected solar electricity is
generated by utility-scale PV.
RD&D has been an integral part of solar energy's steep cost
decline over the last several decades. As solar has rapidly
commercialized, many previous areas of government research
within the Department of Energy (DOE), such as silicon-based
photovoltaics, have been taken on by the private sector. Much
recent research and innovation in solar energy is focused on
avoiding the value deflation inherent in variable renewable
energy technologies. These areas include continued cost
reduction, increasing the availability factor of solar, and
financial innovation.
The DOE has historically made significant investments into
solar energy R&D, beginning in 1975 with the Flat-Plate Solar
array project and culminating in the SunShot Initiative that
aimed to reduce solar module costs to $1 per watt of capacity,
a goal that was reached in 2017. DOE's Solar Energy
Technologies Office (SETO) continues to conduct R&D programs
and has announced a new 2030 goal of achieving average PV costs
of 3 cents per kilowatt-hour (kWh) for utility scale and 5
cents for residential scale. SETO also set a goal of 5 cents
per kWh by 2030 for CSP plants operating as baseload power
facilities, which would be a 75 percent price decline from 2010
costs.
S. 2668 would modernize the solar energy R&D programs of
DOE to better reflect current needs, such as extremely low cost
alternatives to silicon PV, methods to restore solar
manufacturing in the United States, and technologies to improve
the recycling of materials and systems used in solar energy,
including PV cells and modules. It would also replace previous
solar energy R&D authorizations. The Secretary of Energy
(Secretary) is also directed to support wildlife impact
mitigation to the maximum extent practicable.
Legislative History
S. 2668 was introduced by Senator Sinema on October 22,
2019. Senator McSally was later added as a cosponsor. The
Subcommittee on Energy held a hearing on the measure on
November 6, 2019.
Similar legislation, H.R. 3597, was introduced in the House
of Representatives by Representative McAdams on June 28, 2019,
and was referred to the Committee on Science, Space, and
Technology. The House Committee on Space, Science, and
Technology favorably reported the bill with an amendment on
July 24, 2019, by a vote of 21-13.
The Senate Committee on Energy and Natural Resources met in
open business session on November 19, 2019, and ordered S. 2668
favorably reported, as amended.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on November 19, 2019, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
2668, if amended as described herein. Senator Lee asked to be
recorded as voting no.
Committee Amendment
During its consideration of S. 2668, the Committee adopted
an amendment in the nature of a substitute.
In section 2 the substitute amendment modifies the
definition of the term ``Indian tribe'' and adds definitions
for the terms ``solar energy,'' ``territory or freely
associated state,'' ``tribal energy development organization,''
and ``tribal organization.'' It also adds research agencies
associated with a territory or freely associated state, tribal
energy development organizations, and tribal organizations to
the list of eligible entities.
In section 3(a) the substitute amendment adds additional
program purposes and specifies that program targets must be
developed within 180 days of enactment. The substitute also
deletes paragraphs (4) and (7) and incorporates paragraphs (5)
and (6) as types of activities and subject areas of the program
under subsection (c).
The substitute renames subsection (b) as ``Activities,''
and moves the grant subject areas to paragraph (2) in that
subsection. It further specifies activities under the program
as the new paragraph (1) and consolidates the subject areas
within the new paragraph (2) from 20 areas to 10. It adds
prioritization criteria for grants under this subsection, as
well as clarifications regarding coordination and use of funds.
The substitute amendment incorporates demonstration grants
as a subject area in subsection (b) and accordingly deletes
subsection (c) as introduced.
The substitute moves subsection (d) to be subsection (c),
and changes ``Next Generation'' to ``Advanced.'' It also
reduces the list of priorities in subsection (c) and moves the
strategic vision study in paragraph (3) to be a new subsection
(f).
The substitute moves subsection (e) to be subsection (d),
and reduces the number of program purposes. It also eliminates
specific application requirements for the grant program, and
reduces the specifications under dissemination of results.
The substitute moves subsection (f) to be subsection (e),
and requires that priorities for the physical property database
established under that subsection be developed with private
industry by September 1, 2020.
The substitute amendment authorizes $270 million annually
for five years instead of such sums.
Section-by-Section Analysis
Section 1. Short title
Section 1 sets forth the short title of the bill.
Sec. 2. Definitions
Section 2 sets forth the definitions of the bill.
Sec. 3. Solar energy technology program
Section 3(a) directs the Secretary to establish a solar
energy technology program and outlines the purposes of the
program. The Secretary is required to address near-term, mid-
term and long-term challenges in advancing solar energy
development.
Subsection (b) outlines the types of activities and subject
areas the Secretary may undertake and focus on in meeting the
purposes on the program. The types of activities include:
awarding competitive grants; precompetitive R&D; establishing
demonstration facilities; providing technical assistance;
entering into contracts and agreements; providing small
business vouchers; establishing prize competitions; conducting
education and outreach; and conducting analyses, studies, and
reports.
The subject areas include: advanced solar energy
technologies; solar energy technology performance; operations
and security; integration of solar energy with other energy
technologies and other nonelectric applications; advanced solar
manufacturing technologies; methods to improve the lifetime and
recycling of solar energy technologies; solar energy
forecasting and modeling; hybrid energy systems; reducing
market barriers; and transformational technologies for
harnessing solar energy.
Subsection (b) further specifies the prioritization of
solar energy grants and directs the Secretary to coordinate
activities with other Federal R&D programs.
Subsection (c) requires the Secretary to award multiyear
grants to eligible entities for RD&D projects to advance new
solar manufacturing technologies and techniques. The Secretary
is required to evaluate the progress of grants given for next
generation manufacturing three years after enactment, and every
four years thereafter.
Subsection (d) requires the Secretary to award multiyear
grants to eligible entities for RD&D projects to create
innovative and practical approaches to increase the reuse and
recycling of solar energy technologies. The subsection includes
instructions for the content of an application to the grant
program and on the dissemination of results.
Subsection (e) directs the Secretary to, not later than
September 1, 2021, establish a comprehensive physical property
database of materials for use in solar energy technologies. The
Secretary is directed to develop a plan to establish priorities
and requirements for the database in collaboration with the
private sector. The Secretary is further directed to coordinate
with the Director of the National Institute of Standards and
Technology, the Administrator of the Environmental Protection
Agency, and the Secretary of the Interior to incorporate the
database with any existing database relevant for electronic
materials manufacturing and recycling.
Subsection (f) directs the Secretary to develop a strategic
vision of SETO's activities for Congress not later than
September 1, 2021, and every six years thereafter.
Subsection (g) authorizes $270 million annually for fiscal
years 2020 through 2024.
Sec. 4. Conforming amendments
Section 4 makes conforming changes to existing law.
Sec. 5. Savings provision
Section 5 contains a savings provision stipulating that
nothing in the bill shall affect the authority of the Secretary
to conduct R&D on solar energy.
Cost and Budgetary Considerations
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
S. 2668 would authorize the appropriation of $270 million
annually through 2024 for the Department of Energy (DOE) to
research, develop, test, evaluate, and demonstrate solar energy
technologies. The bill would recodify existing DOE activities
related to those technologies and would direct the department
to establish new programs. Under S. 2668, DOE would:
Award grants and provide technical
assistance for entities to research, develop, and
demonstrate various solar energy technologies;
Perform precompetitive research and
development activities;
Maintain or establish demonstration
facilities;
Establish prize competitions;
Conduct education and outreach activities;
Create a solar energy technologies database
in coordination with other federal agencies; and
Submit reports and analyses.
In 2019, the Congress appropriated $246 million for DOE to
conduct activities related to solar energy. Because CBO scores
continuing resolutions on an annualized basis, in 2020 CBO
assumes that the same amount of funds will be available under
the current continuing resolution (Public Law 116 69). As a
result, CBO estimates that S. 2668 would authorize an increase
in spending subject to appropriation in 2020 of $24 million,
the difference between the authorized amount and the annualized
amount under the continuing resolution.
CBO estimates that implementing S. 2668 would cost $658
million over the 2020 2024 period and $446 million after 2024,
assuming appropriation of the specified amounts and that the
bill is enacted near the end of 2019. Estimated outlays are
based on historical spending patterns for similar programs. The
costs of the legislation, detailed in Table 1, would fall
within budget function 270 (energy).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 2668
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
-----------------------------------------------------------------------------------------------
2020- 2020-
2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2024 2029
--------------------------------------------------------------------------------------------------------------------------------------------------------
Authorizationa.......................................... 24 270 270 270 270 0 0 0 0 0 1,104 1,104
Estimated Outlays....................................... 5 61 141 206 245 209 135 67 27 8 658 1,104
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\S. 2668 would authorize the appropriation of $270 million in 2020 for DOE to conduct activities related to solar energy research, development, and
demonstration. However, CBO estimates that $246 million has been allocated on an annualized basis from funds made available under the current
continuing resolution (Public Law 116 69), which provided appropriations through December 20, 2019. Thus, the estimated authorization for 2020 ($24
million) is equal to the specified amount ($270 million) minus the annualized amount from the continuing resolution ($246 million).
On August 28, 2019, CBO transmitted a cost estimate for
H.R. 3597, the Solar Energy Research and Development Act of
2019, as ordered reported by the House Committee on Science,
Space, and Technology on July 24, 2019. The two pieces of
legislation are similar, but CBO's cost estimates are different
because of differences in the authorized amounts. The cost
estimate for S. 2668 also reflects enactment of the continuing
resolution for 2020.
The CBO staff contact for this estimate is Aaron Krupkin.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2668. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2668, as ordered reported.
Congressionally Directed Spending
S. 2668, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the Department of Energy at the
November 6, 2019, hearing on S. 2668 follows:
Testimony of Assistant Secretary Daniel Simmons, Office of Energy
Efficiency and Renewable Energy, U.S. Department of Energy
introduction
Chairman Cassidy, Ranking Member Heinrich, and Members of
the Energy Subcommittee of the Committee on Energy and Natural
Resources, thank you for the opportunity to testify today on
legislation pertinent to the Department of Energy now pending
in the Senate. My name is Daniel Simmons, and I am the
Assistant Secretary for the Office of Energy Efficiency and
Renewable Energy (EERE).
As the Assistant Secretary, I am responsible for overseeing
a broad portfolio of energy efficiency and renewable energy
programs. The technologies in my portfolio advance America's
economic growth and energy security while enhancing the
reliability and resilience of the U.S. energy system. The
Department of Energy supports improving the energy efficiency
and reducing energy costs, while at the same time ensuring
important performance standards are met or exceeded. For
instance, we want to ensure schools and other buildings are
sufficiently bright to ensure safety, and that water flow from
faucets is strong enough to clean dirty hands. Today, I would
like to share what relevant work my office has done and is
doing in the areas that these bills address.
I have been asked to testify on eleven (11) bills today,
addressing a range of important energy issues. The
Administration continues to review all of these bills. I
appreciate the ongoing bipartisan efforts to address our
Nation's energy challenges and I look forward to working with
the Committee.
bills
S. 2668--Solar Energy Research, Development, and Demonstration Program
Act of 2019
S. 2668, the Solar Energy Research, Development, and
Demonstration Program Act of 2019 reauthorizes the activities
of EERE's Solar Energy Technology Office (SETO). The bill
outlines several research priority areas, such as improving the
energy efficiency, reliability, and security of solar energy
technologies, while also focusing on reducing the overall costs
of solar energy systems. The bill authorizes additional work to
be carried out by SETO, such as providing technical assistance,
supporting workforce development and training activities, and
the awarding of grants to carry out both research and
development and demonstration projects to advance the
development of solar technologies.
Work currently underway in SETO to address near-term, mid-
term, and long-term challenges to the advancement of solar
energy technologies includes: the American-Made Solar Prize, a
prize competition designed to revitalize U.S. solar
manufacturing; photovoltaics and concentrating solar power
research; and systems integration research, which works to
improve situational awareness of solar energy systems on the
grid.
The Department will continue to review the legislation and
looks forward to working with Congress as the legislative
process moves forward.
conclusion
Thank you again for the opportunity to testify before the
Subcommittee today. The Department appreciates the ongoing
bipartisan efforts to address our Nation's energy challenges,
and looks forward to working with the Committee on the
legislation on today's agenda and any future legislation. I
would be happy to answer your questions.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the changes in existing law made
by S. 2668, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
CONTENTS
Page
1. Solar Energy Research, Development, and Demonstration Act of 1974,
Public Law 93-473................................................12
2. Federal Nonnuclear Energy Research and Development Act of 1974,
Public Law 93-577................................................21
3. Solar Photovoltaic Energy Research, Development, and Demonstration
Act of 1978, Public Law 95-90....................................23
4. Renewable Energy and Energy Efficiency Technology Competitiveness
Act of 1989, Public Law 101-218..................................33
5. Energy Policy Act of 2005, Public Law 109-58, as Amended........35
6. Energy Independence and Security Act of 2007, Public Law 110-140,
as Amended.......................................................38
SOLAR ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION ACT OF 1974
Public Law 93-473, as Amended
* * * * * * *
[DECLARATION OF FINDINGS AND POLICY
[Sec. 2. (a) The Congress hereby finds that--
[(1) the needs of a viable society depend on an ample
supply of energy;
[(2) the current imbalance between domestic supply
and demand for fuels and energy is likely to persist
for some time;
[(3) dependence on nonrenewable energy resources
cannot be continued indefinitely, particularly at
current rates of consumption;
[(4) it is in the Nation's interest to expedite the
long-term development of renewable and nonpolluting
energy resources, such as solar energy;
[(5) the various solar energy technologies are today
at widely differing stages of development, with some
already near the stage of commercial application and
others still requiring basic research;
[(6) the early development and export of viable
equipment utilizing solar energy, consistent with the
established preeminence of the United States in the
field of high technology products, can make a valuable
contribution to our balance of trade;
[(7) the mass production and use of equipment
utilizing solar energy will help to eliminate the
dependence of the United States upon foreign energy
sources and promote the national defense;
[(8) to date, the national effort in research,
development, and demonstration activities relating to
the utilization of solar energy has been extremely
limited; therefore
[(9) the urgency of the Nation's critical energy
shortages and the need to make clean and renewable
energy alternatives commercially viable require that
the Nation undertake an intensive research,
development, and demonstration program with an
estimated Federal investment which may reach or exceed
$1,000,000,000.
[(b) The Congress declares that it is the policy of the
Federal Government to--
[(1) pursue a vigorous and viable program of research
and resource assessment of solar energy as a major
source of energy for our national needs; and
[(2) provide for the development and demonstration of
practicable means to employ solar energy on a
commercial scale.
[DEFINITIONS
[Sec. 3. For the purposes of this Act--
[(1) the term ``solar energy'' means energy which has
recently originated in the Sun, including direct and
indirect solar radiation and intermediate solar energy
forms such as wind, sea thermal gradients, products of
photosynthetic processes, organic wastes, and others;
[(2) the term ``byproducts''' includes, with respect
to any solar energy technology or process, any solar
energy products (including energy forms) other than
those associated with or constituting the primary
product of such technology or process;
[(3) the term ``insolation'' means the rate at which
solar energy is received at the surface of the Earth;
[(4) the term ``Project'' means the Solar Energy
Coordination and Management Project; and
[(5) the term ``Chairman'' means the Chairman of the
Project.
[SOLAR ENERGY COORDINATION AND MANAGEMENT PROJECT
[Sec. 4. (a) There is hereby established the Solar Energy
Coordination and Management Project.
[(b)(1) The Project shall be composed of six members as
follows:
[(A) an Assistant Director of the National Science
Foundation;
[(B) an Assistant Secretary of Housing and Urban
Development;
[(C) a member of the Federal Power Commission;
[(D) an Associate Administrator of the National
Aeronautics and Space Administration;
[(E) the General Manager of the Atomic Energy
Commission; and
[(F) a member to be designated by the President.
[(2) The President shall designate one member of the
Project to serve as Chairman of the Project.
[(3) If the individual designated under paragraph (1)(F) is
an officer or employee of the Federal Government, he shall
receive no additional pay on account of his service as a member
of the Project. If such individual is not an officer or
employee of the Federal Government, he shall be entitled to
receive the daily equivalent of the annual rate of basic pay in
effect for level IV of the Executive Schedule (5 U.S.C. 5315)
for each day (including traveltime) during which he is engaged
in the actual performance of duties vested in the Project.
[(c) The Project shall have overall responsibility for the
provision of effective management and coordination with respect
to a national solar energy research, development, and
demonstration program, including--
[(1) the determination and evaluation of the resource
base, including its temporal and geographic
characteristics;
[(2) research and development on solar energy
technologies; and
[(3) the demonstration of appropriate solar energy
technologies.
[(d)(1) The Project shall carry out its responsibilities
under this section in cooperation with the following Federal
agencies:
[(A) the National Science Foundation, the
responsibilities of which shall include research;
[(B) the National Aeronautics and Space
Administration, the responsibilities of which shall
include the provision of management capability and the
development of technologies;
[(C) the Atomic Energy Commission, the
responsibilities of which shall include the development
of technologies;
[(D) the Department of Housing and Urban Development,
the responsibilities of which shall include fostering
the utilization of solar energy for the heating and
cooling of buildings, pursuant to the Solar Heating and
Cooling Demonstration Act of 1974; and
[(E) the Federal Power Commission, the
responsibilities of which shall include fostering the
utilization of solar energy for the generation of
electricity and for the production of synthetic fuels.
[(2) Upon request of the Chairman, the head of any such
agency is authorized to detail or assign, on a reimbursable
basis or otherwise, any of the personnel of such agency to the
Project to assist it in carrying out its responsibilities under
this Act.
[(e) The Project shall have exclusive authority with
respect to the establishment or approval of programs or
projects initiated under this Act, but the agency involved in
any particular program or project shall be responsible for the
operation and administration of such program or project.
[(f) The National Aeronautics and Space Administration is
authorized to undertake and carry out those programs assigned
to it by the Project.
[RESOURCE DETERMINATION AND ASSESSMENT
[Sec. 5. (a) The Chairman shall initiate a solar energy
resource determination and assessment program with the
objective of making a regional and national appraisal of all
solar energy resources, including data on insolation, wind, sea
thermal gradients, and potentials for photosynthetic
conversion. The program shall emphasize identification of
promising areas for commercial exploitation and development.
The specific goals shall include--
[(1) the development of better methods for predicting
the availability of all solar energy resources, over
long time periods and by geographic location;
[(2) the development of advanced meteorological,
oceanographic, and other instruments, methodology, and
procedures necessary to measure the quality and
quantity of all solar resources on periodic bases;
[(3) the development of activities, arrangements, and
procedures for the collection, evaluation, and
dissemination of information and data relating to solar
energy resource assessment.
[(b) The Chairman, acting through the National Aeronautics
and Space Administration, the National Oceanic and Atmospheric
Administration, and other appropriate agencies, shall--
[(1) develop and carry out a general plan for
inventorying all forms of solar energy resources
associated with Federal lands and (where consistent
with property rights) non-Federal lands;
[(2) conduct regional surveys based upon such general
plan, using innovative meteorological, oceanographic,
and space-related techniques, in sufficient numbers to
lead to a national inventory of solar energy resources
in the United States;
[(3) publish and make available maps, reports, and
other documents developed from such surveys to
encourage and facilitate the commercial development of
solar energy resources; and
[(4) make such recommendations for legislation as may
appear to be necessary to establish policies for solar
resources involving Federal lands and waters,
consistent with known inventories of various resource
types, with the state of technologies for solar energy
development, and with evaluation of the environmental
impacts of such development.
[RESEARCH AND DEVELOPMENT PROGRAM
[Sec. 6. (a) The Chairman shall initiate a research and
development program for the purpose of resolving the major
technical problems inhibiting commercial utilization of solar
energy in the United States.
[(b) In connection with or as a part of such program, the
Chairman shall--
[(1) conduct, encourage, and promote scientific
research and studies to develop effective and
economical processes and equipment for the purpose of
utilizing solar energy in an acceptable manner for
beneficial uses;
[(2) carry out systems, economic, social, and
environmental studies to provide a basis for research,
development and demonstration planning and phasing; and
[(3) perform or cause to be performed technology
assessments relevant to the utilization of solar
energy.
[(c) The specific solar energy technologies to be addressed
or dealt with in the program shall include--
[(1) direct solar heat as a source for industrial
processes, including the utilization of low-level heat
for process and other industrial purposes;
[(2) thermal energy conversion, and other methods,
for the generation of electricity and the production of
chemical fuels;
[(3) the conversion of cellulose and other organic
materials (including wastes) to useful energy or fuels;
[(4) photovoltaic and other direct conversion
processes;
[(5) sea thermal gradient conversion;
[(6) windpower conversion;
[(7) solar heating and cooling of housing and of
commercial and public buildings; and
[(8) energy storage.
[DEMONSTRATION
[Sec. 7. (a) The Chairman is authorized to initiate a
program to design and construct, in specific solar energy
technologies (including, but not limited to, those listed in
section 6(c), facilities or powerplants of sufficient size to
demonstrate the technical and economic feasibility of utilizing
the various forms of solar energy. The specific goals of such
programs shall include--
[(1) production of electricity from a number of power
plants, on the order of one to ten megawatts each;
[(2) production of synthetic fuels in commercial
quantities;
[(3) large-scale utilization of solar energy in the
form of direct heat;
[(4) utilization of thermal and all other byproducts
of the solar facilities;
[(5) design and development of hybrid systems
involving the concomitant utilization of solar and
other energy sources; and
[(6) the continuous operation of such plants and
facilities for a period of time.
[(b) For each of the technologies for which a successful
and appropriate development program is completed, the Chairman
shall make a determination to proceed to demonstration based on
criteria including, but not necessarily limited to, the
following:
[(1) the technological feasibility of the project;
[(2) the costs and benefits of the project, as
determined by an economic assessment;
[(3) the immediate and the potential uses of the
solar energy utilized in the project;
[(4) long-term national need for the technology;
[(5) environmental impact;
[(6) potential for technology transfer to other
applications; and
[(7) the nature and extent of Federal participation,
if any, in the project.
[(c) In carrying out his responsibilities under this
section, the Chairman, acting through the appropriate Federal
agencies, may provide for the establishment of one or more
demonstration projects utilizing each form of solar energy,
which shall include, as appropriate, the specific research,
development, pilot plant construction and operation,
demonstration plant construction and operation, and other
facilities and activities which may be necessary to show
commercial viability of the specific solar technology.
[(d) The Chairman, acting through the appropriate Federal
agencies, is authorized to investigate and enter into
agreements for the cooperative development of facilities to
demonstrate solar technologies. The responsible Federal agency
may consider--
[(1) cooperative agreements with non-Federal entities
for construction of facilities and equipment to
demonstrate solar energy technologies; and
[(2) cooperative agreements with other Federal
agencies for the construction of facilities and
equipment and operation of facilities to produce energy
for direct Federal utilization.
[(e) The Chairman, acting through appropriate Federal
agencies is authorized to construct and operate demonstration
projects without entering into cooperative agreements with
respect to such projects, if the Chairman finds that--
[(1) the nature of the resource, the geographical
location, the scale and engineering design of the
facilities, the techniques of production, or any other
significant factor of the specific demonstration
project offers opportunities to make important
contributions to the general knowledge of solar
resources, the techniques of its development, or public
confidence in the technology; and
[(2) there is no opportunity for cooperative
agreements with any non-Federal entity willing and able
to cooperate in the demonstration project under
subsection (d)(1), and there is no opportunity for
cooperative agreements with other Federal agencies
under subsection (d)(2).
[(f) If the estimate of the Federal investment with respect
to construction and operation costs of any demonstration
project proposed to be established under this section exceeds
$20,000,000, no amount may be appropriated for such project
except as specifically authorized by legislation hereafter
enacted by the Congress.
[(g) (1) At the conclusion of any demonstration project
established under this section, or as soon thereafter as may be
practicable, the responsible Federal agencies shall, by sale,
lease, or otherwise, dispose of all Federal property interests
which they have acquired pursuant to this section in accordance
with existing law and the terms of the cooperative agreements
involved.
[(2) The agency involved shall, under appropriate
agreements or other arrangements, provide for the disposition
of electricity, synthetic fuels, and other byproducts of the
project administered by such agency.
[SOLAR ENERGY INFORMATION DATA BANK
[Sec. 8. (a)(1) In carrying out his functions under this
Act the Chairman, utilizing the capabilities of the National
Science Foundation, the National Aeronautics and Space
Administration, the Department of Commerce, the Atomic Energy
Commission, and other appropriate Federal agencies to the
maximum extent possible, shall establish and operate a Solar
Energy Information Data Bank (hereinafter in this subsection
referred to as the ``bank'') for the purpose of collecting,
reviewing, processing, and disseminating information and data
in all of the solar energy technologies referred to in section
7(c) title in a timely and accurate manner in support of the
objectives of this Act.
[(2) Information and data compiled in the bank shall
include--
[(A) technical information (including reports,
journal articles, dissertations, monographs, and
project descriptions) on solar energy research,
development, and applications;
[(B) similar technical information on the design,
construction, and maintenance of equipment utilizing
solar energy;
[(C) general information on solar energy applications
to be disseminated for popular consumption;
[(D) physical and chemical properties of materials
required for solar energy activities and equipment; and
[(E) engineering performance data on equipment and
devices utilizing solar energy.
[(3) In accordance with regulations prescribed under
section 5561 of this title, the Chairman shall provide
retrieval and dissemination services with respect to the
information described under paragraph (2) for--
[(A) Federal, State, and local government
organizations that are active in the area of energy
resources (and their contractors);
[(B) universities and colleges in their related
research and consulting activities; and
[(C) the private sector upon request in appropriate
cases.
[(4) In carrying out his functions under this subsection,
the Chairman shall utilize, when feasible, the existing data
base of scientific and technical information in Federal
agencies, adding to such data base any information described in
paragraph (2) which does not already reside in such base. He
shall coordinate or merge this data bank with other Federal
energy information data banks as necessary to assure efficient
and effective operation.
[(b) In carrying out his functions under this Act the
Chairman shall perform or cause to be performed studies and
research on incentives to promote broader utilization and
consumer acceptance of solar energy technologies.
[(c) The Chairman shall enter into such arrangements and
take such other steps as may be necessary or appropriate to
provide for the effective coordination of solar energy
technology utilization with all other technology utilization
programs within the Federal Government.
[SCIENTIFIC AND TECHNICAL EDUCATION PROGRAMS
[Sec. 9. The Chairman, acting through the National Science
Foundation, is authorized and directed to support programs of
education in the sciences and engineering to provide the
necessary trained personnel to perform the solar energy
research, development, and demonstration activities required
under this Act. Such support may include fellowships,
traineeships, technical training programs, technologist
training programs, and summer institute programs.
[SOLAR ENERGY RESEARCH INSTITUTE
[Sec. 10. (a) There is established a Solar Energy Research
Institute, which shall perform such research, development, and
related functions as the Chairman may determine to be necessary
or appropriate in connection with the Project's activities
under this Act or to be otherwise in furtherance of the purpose
and objectives of this Act.
[(b) The Institute may be located (as designated by the
Chairman) at a new or existing Federal laboratory (including a
non-Federal laboratory performing functions under a contract
entered into with the Project or with any of the agencies
represented in the Project as well as a laboratory whose
personnel are Federal employees).
[INTERNATIONAL COOPERATION
[Sec. 11. (a) The Chairman, in furtherance of the
objectives of this Act, is authorized to cooperate and
participate jointly with other nations, especially those with
agreements for scientific cooperation with the United States,
in the following activities:
[(1) interinstitutional, bilateral, or multilateral
research projects in the field of solar energy; and
[(2) agreements and programs which will facilitate
the exchange of information and data relating to solar
energy resource assessment and solar energy
technologies.
[(b) The National Science Foundation is authorized to
encourage, to the maximum extent practicable and consistent
with the other objectives of this Act, international
participation and cooperation in the development and
maintenance of programs of education to carry out the policy
set forth in section 9.
[REGULATIONS
[Sec. 12. The Chairman, in consultation with heads of the
Federal agencies having functions under this Act and with other
appropriate officers and agencies, shall prescribe such
regulations as may be necessary or appropriate to carry out
this Act promptly and efficiently. Each such officer or agency,
in consultation with the Chairman, may prescribe such
regulations as may be necessary or appropriate to carry out his
or its particular functions under this Act promptly and
efficiently.
[ANNUAL REPORTS
[Sec. 13. A summary of all actions taken under the
provisions of this Act and action planned for the ensuing year
shall be included in the annual report required by section 657
of the Department of Energy Organization Act (42 U.S.C. 7267).
[INFORMATION TO CONGRESS
[Sec. 14. Notwithstanding any other provision of law, the
Chairman (or the head of any agency which assumes the functions
of the Project pursuant to section 16) shall keep the
appropriate committees of the House of Representatives and the
Senate fully and currently informed with respect to all
activities under this Act.
[COMPREHENSIVE PROGRAM DEFINITION
[Sec. 15. (a) The Chairman is authorized and directed to
prepare a comprehensive program definition of an integrated
effort and commitment for effectively developing solar energy
resources. The Chairman, in preparing such program definition,
shall utilize and consult with the appropriate Federal
agencies, State and local government agencies, and private
organizations.
[(b) The Chairman shall transmit such comprehensive program
definition to the President and to each House of the Congress.
An interim report shall be transmitted not later than March 1,
1975. The comprehensive program definition shall be transmitted
as soon as possible thereafter, but in any case not later than
June 30, 1975.
[TRANSFER OF FUNCTIONS
[Sec. 16. Within sixty days after the effective date of the
law creating a permanent Federal organization or agency having
jurisdiction over the energy research and development functions
of the United States (or within sixty days after October 26,
1974, if the effective date of such law occurs prior to the
date of the enactment of this Act), all of the authorities of
the Project and all of the research and development functions
(and other functions except those related to scientific and
technical education) vested in Federal agencies under this Act
along with related records, documents, personnel, obligations,
and other items, to the extent necessary or appropriate, shall,
in accordance with regulations prescribed by the Office of
Management and Budget, be transferred to and vested in such
organization or agency.
[AUTHORIZATION OF APPROPRIATIONS
[Sec. 17. To carry out the provisions of this Act, there
are authorized to be appropriated--
[(1) for the fiscal year ending June 30, 1976,
$75,000,000;
[(2) for subsequent fiscal years, only such sums as
the Congress hereafter may authorize by law;
[(3) such amounts as may be authorized for the
construction of demonstrations pursuant to section 7(f)
of this Act; and
[(4) to the National Science Foundation for the
fiscal year ending June 30, 1975, not to exceed
$2,000,000 to be made available for use in the
preparation of the comprehensive program definition
under section 15.]
FEDERAL NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT ACT OF 1974
Public Law 93-577, as Amended
* * * * * * *
COMPREHENSIVE PLANNING AND PROGRAMMING
Sec. 6. (a) Pursuant to the authority and directions of
this Act and the Energy Reorganization Act of 1974 (Public Law
93-438), the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), and titles XX through XXIII of the Energy Policy
Act of 1992, the Secretary, in consultation with the Advisory
Board established under section 2302 of the Energy Policy Act
of 1992, shall transmit to the Congress, on or before June 30,
1975, a comprehensive plan for energy research, development,
and demonstration. This plan shall be appropriately revised
annually as provided in section 15(a). Such plan shall be
designed to achieve--
(1) solutions to immediate and short-term (the period
up to 5 years after submission of the plan or its
annual revision) energy supply system and associated
environmental problems;
(2) solutions to middle-term (the period from 5 years
to 10 years after submission of the plan or its annual
revision) energy supply system and associated
environmental problems; and
(3) solutions to long-term (the period beyond 10
years after submission of the plan or its annual
revision) energy supply system and associated
environmental problems.
(b)(1) Based on the comprehensive energy research,
development, and demonstration plan developed under subsection
(a), the Secretary, in consultation with the Advisory Board
established under section 2302 of the Energy Policy Act of
1992, shall develop and transmit to the Congress, on or before
June 30, 1975, a comprehensive nonnuclear energy research,
development, and demonstration program to implement the
nonnuclear research, development, and demonstration aspects of
the comprehensive plan. Such program shall be updated and
transmitted to the Congress annually as part of the report
required under section 15.
(2) This program shall be designed to achieve solutions to
the energy supply and associated environmental problems in the
immediate and short-term, middle-term, and long-term time
intervals described in subsection (a)(1) through (3). In
formulating the nonnuclear aspects of this program, the
Secretary, in consultation with the Advisory Board established
under section 2302 of the Energy Policy Act of 1992, shall
evaluate the economic, environmental, and technological merits
of each aspect of the program.
(3) The Secretary shall assign program elements and
activities in specific nonnuclear energy technologies, to the
short-term, middle-term, and long-term time intervals, and
shall present full and complete justification for these
assignments and the degree of emphasis for each. These program
elements and activities shall include, but not be limited to,
research, development, and demonstrations designed--
(A) to advance energy conservation technologies,
including but not limited to--
(i) productive use of waste, including
garbage, sewage, agricultural wastes, and
industrial waste heat;
(ii) reuse and recycling of materials and
consumer products;
(iii) improvements in automobile design for
increased efficiency and lowered emissions,
including investigation of the full range of
alternatives to the internal combustion engine
and systems of efficient public transportation;
and
(iv) advanced urban and architectural design
to promote efficient energy use in the
residential and commercial sectors,
improvements in home design and insulation
technologies, small thermal storage units and
increased efficiency in electrical appliances
and lighting fixtures;
(B) to accelerate the commercial demonstration of
technologies for producing low-sulfur fuels suitable
for boiler use;
(C) to demonstrate improved methods for the
generation, storage, and transmission of electrical
energy through (i) advances in gas turbine
technologies, combined power cycles, the use of low
British thermal unit gas and, if practicable,
magnetohydrodynamics; (ii) storage systems to allow
more efficient load following, including the use of
inertial energy storage systems; and (iii) improvement
in cryogenic transmission methods;
(D) to accelerate the commercial demonstration of
technologies for producing substitutes for natural gas,
including coal gasification: Provided, That the
Secretary shall invite and consider proposals from
potential participants based upon Federal assistance
and participation in the form of a joint Federal-
industry corporation, and recommendations pursuant to
this clause shall be accompanied by a report on the
viability of using this form of Federal assistance or
participation;
(E) to accelerate the commercial demonstration of
technologies for producing syncrude and liquid
petroleum products from coal: Provided, That the
Secretary shall invite and consider proposals from
potential participants based upon Federal assistance
and participation through guaranteed prices or purchase
of the products, and recommendations pursuant to this
clause shall be accompanied by a report on the
viability of using this form of Federal assistance or
participation;
(F) in accordance with the program authorized by the
Geothermal Energy Research, Development, and
Demonstration Act of 1974 (Public Law 93-410), to
accelerate the commercial demonstration of geothermal
energy technologies;
(G) to demonstrate the production of syncrude from
oil shale by all promising technologies including in
situ technologies;
(H) to demonstrate new and improved methods for the
extraction of petroleum resources, including secondary
and tertiary recovery of crude oil;
(I) to demonstrate the economics and commercial
viability of solar energy for residential and
commercial energy supply applications in accordance
with the program authorized by the Solar Heating and
Cooling Demonstration Act of 1974 (Public Law 93-409);
(J) to accelerate the commercial demonstration of
environmental control systems for energy technologies
developed pursuant to this chapter;
(K) to investigate the technical and economic
feasibility of tidal power for supplying electrical
energy;
[(L) to commercially demonstrate advanced solar
energy technologies in accordance with the Solar Energy
Research, Development, and Demonstration Act of 1974
(Public Law 93-473) ;]
[(M)] (L) to determine the economics and commercial
viability of the production of synthetic fuels such as
hydrogen and methanol;
[(N)] (M) to commercially demonstrate the use of fuel
cells for central station electric power generation;
[(O)] (N) to determine the economics and commercial
viability of in situ coal gasification;
[(P)] (O) to improve techniques for the management of
existing energy systems by means of quality control;
application of systems analysis, communications, and
computer techniques; and public information with the
objective of improving the reliability and efficiency
of energy supplies and encourage the conservation of
energy resources;
[(Q)] (P) to improve methods for the prevention and
cleanup of marine oil spills;
[(R)] (Q) to implement the Renewable Energy and
Energy Efficiency Technology Competitiveness Act of
1989 (42 U.S.C. 12001 et seq.); and
[(S)] (R) to implement titles XX through XXIII of the
Energy Policy Act of 1992. (c) Based upon the
comprehensive plan developed under subsection (a), the
Secretary, in consultation with the Advisory Board
established under section 2302 of the Energy Policy Act
of 1992, shall develop and transmit to the Congress, on
or before September 1, 1978, a comprehensive
environment and safety program to insure the full
consideration and evaluation of all environmental,
health, and safety impacts of each element, program, or
initiative contained in the nuclear and nonnuclear
energy research, development, and demonstration plans.
Such program shall be updated and transmitted to the
Congress annually as part of the report required under
section 15.
* * * * * * *
SOLAR PHOTOVOLTAIC ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION ACT
OF 1978
Public Law 95-590
* * * * * * *
FINDINGS AND POLICY
Sec. 2. (a) The Congress hereby finds that--
(1) the United States of America is faced with a
finite and diminishing resource base of native fossil
fuels, and as a consequence must develop as quickly as
possible a diversified, pluralistic national energy
capability and posture;
(2) the current imbalance between supply and demand
for fuels and energy in the United States is likely to
grow for many years;
(3) the early demonstration of the feasibility of
using solar photovoltaic energy systems for the
generation of electricity could help to relieve the
demand on existing fuel and energy supplies;
(4) the national security and economic well-being of
the United States is endangered by its dependence on
imported energy supplies which are subject to resource
limitations, artificial pricing mechanisms which do not
accurately reflect supply and demand relationships, and
supply interruptions;
(5) the early development and widespread utilization
of photovoltaic energy systems could significantly
expand the domestic energy resource base of the United
States, thereby lessening its dependence on foreign
supplies;
(6) the establishment of sizable markets for
photovoltaic energy systems will justify private
investment in plant and equipment necessary to realize
the economies of scale, and will result in significant
reductions in the unit costs of these systems;
(7) the use of solar photovoltaic energy systems for
certain limited applications has already proved
feasible;
(8) there appear to be no insoluble technical
obstacles to the widespread commercial use of solar
photovoltaic energy technologies;
(9) an aggressive research and development program
should solve existing technical problems of solar
photovoltaic systems; and, supported by an assured and
growing market for photovoltaic systems during the next
decade, should maximize the future contribution of
solar photovoltaic energy to this Nation's future
energy production;
(10) it is the proper and appropriate role of the
Federal Government to undertake research, development,
and demonstration programs in solar photovoltaic energy
technologies and to supplement and assist private
industry and other entities and thereby the general
public, so as to hasten the general commercial use of
such technologies;
(11) the high cost of imported energy sources impairs
the economic growth of many nations which lack sizable
domestic energy supplies or are unable to develop these
resources;
(12) photovoltaic energy systems are economically
competitive with conventional energy resources for a
wide variety of applications in many foreign nations at
the present time, and will find additional applications
with continued cost reductions;
(13) the early development and export of solar
photovoltaic energy systems, consistent with the
established preeminence of the United States in the
field of high technology products, can make a valuable
contribution to the well-being of the people of other
nations and to this Nation's balance of trade;
(14) the widespread use of solar photovoltaic energy
systems to supplement and replace conventional methods
for the generation of electricity would have a
beneficial effect upon the environment;
(15) to increase the potential application of solar
photovoltaic energy systems in remote locations, and to
minimize the need for backup systems depending on
fossil fuel, programs leading to the development of
inexpensive and reliable systems for the storage of
electricity should be pursued as part of any solar
photovoltaic energy research, development, and
demonstration program;
(16) evaluation of the performance and reliability of
solar photovoltaic energy technologies can be expedited
by testing of prototypes under carefully controlled
conditions;
(17) commercial application of solar photovoltaic
energy technologies can be expedited by early
commercial demonstration under practical conditions;
(18) photovoltaic energy systems are currently
adaptable on a life cycle, cost-justified basis for
certain of the energy needs of the Federal Government,
and will find additional applications as continued
refinements improve performance and reduce unit costs;
(19) the Federal Government can stimulate innovation
and economic efficiency in the production of
photovoltaic energy systems through the development and
implementation of policies to promote diversity and
maximum competition between firms engaged in the
research, manufacture, installation, and/or maintenance
of these systems;
(20) innovation and creativity in the development of
solar photovoltaic energy components and systems can be
fostered through encouraging direct contact between the
manufacturers of such systems and the architects,
engineers, developers, contractors, and other persons
interested in utilizing such systems; and
(21) it is contemplated that the ten-year program
established by this Act will require the expenditure of
$1,500,000,000 by the Federal Government.
(b) It is therefore declared to be the policy of the United
States and the purpose of this Act to establish during the next
decade an aggressive research, development, and demonstration
program involving solar photovoltaic energy systems and in the
long term, to have as an objective the production of
electricity from photovoltaic systems cost competitive with
utility-generated electricity from conventional sources.
Further, it is declared to be the policy of the United States
and the purpose of this Act that the objectives of this
research, development, and demonstration program are--
(1) to double the production of solar photovoltaic
energy systems each year during the decade starting
with fiscal year 1979, measured by the peak generating
capacity of the systems produced, so as to reach a
total annual United States production of solar
photovoltaic energy systems of approximately two
million peak kilowatts, and a total cumulative
production of such systems of approximately four
million peak kilowatts by fiscal year 1988;
(2) to reduce the average cost of installed solar
photovoltaic energy systems to $1 per peak watt by
fiscal year 1988; and
(3) to stimulate the purchase by private buyers of at
least 90 per centum of all solar photovoltaic energy
systems produced in the United States during fiscal
year 1988.
DEFINITIONS
Sec. 3. For purposes of this Act--
(1) a ``solar photovoltaic energy system'' is a
system of components which generates electricity from
incident sunlight by means of the photovoltaic effect,
and which shall include all components, including
energy storage devices where appropriate, necessary to
provide electricity for individual, industrial,
agricultural, or governmental use;
(2) the term ``solar photovoltaic energy system'' may
be used interchangeably with the term ``photovoltaic
system'';
(3) a ``hybrid solar photovoltaic energy system'' is
a system of components that generates electricity from
incident sunlight by means of the photovoltaic effect
and, in conjunction with electronic and, if
appropriate, optical, thermal and storage devices,
provides electricity, as well as heat and/or light for
individual, commercial, industrial, agricultural, or
governmental use;
(4) ``photovoltaic effect'' refers to the physical
phenomenon exhibited under certain circumstances by
some materials in which a portion of the light energy
striking the material is directly converted to
electrical energy;
(5) ``facility'' means any building, agricultural,
commercial or industrial complex or other device
constructively employing photovoltaic systems; and
(6) ``Secretary'' means the Secretary of Energy.
RESEARCH, DEVELOPMENT, AND DEMONSTRATION OF SOLAR PHOTOVOLTAIC ENERGY
SYSTEMS
Sec. 4. The Secretary is directed to establish immediately
and carry forth such research, development, and demonstration
programs as may be necessary to meet the objectives of this Act
as set forth in section 2(b), and as a part of any such program
shall--
(a) conduct, and promote the coordination and acceleration
of, research, development, and demonstrations relating to solar
photovoltaic energy systems and components thereof, and
(b) conduct, and promote the coordination and acceleration
of, research, development, and demonstrations for systems and
components to be used in applications that are dependent for
their energy on solar photovoltaic energy systems.
Sec. 5. (a) In carrying out the provisions of section 4,
the Secretary is authorized--
(1) to establish procedures whereby any public or
private entity wishing to install solar photovoltaic
components and systems in any new or existing facility
may apply for Federal assistance in purchasing and
installing, in such facility, photovoltaic components
or systems;
(2) to select, as soon as he deems it feasible, a
number of the applicants under paragraph (1) and enter
into agreements with them for the design, purchase,
fabrication, testing, installation, and demonstration
of photovoltaic components and systems. Such selection
shall be based on the need to obtain scientific,
technological, and economic information from a variety
of such systems under a variety of circumstances and
conditions; and
(3) to arrange, as part of any agreement entered into
under paragraph (2), to provide up to 75 per centum of
the purchase and installation costs of photovoltaic
components or systems, taking into account relevant
considerations involving the relative stage of consumer
and industry interest and development at the time of
the financial assistance action. Such arrangements
shall be contingent upon terms and conditions
prescribed by the Secretary, including an express
agreement that the entity with whom the agreement is
entered into shall, in such manner and form and on such
terms and conditions as the Secretary may prescribe,
observe and monitor (or permit the Secretary or his
agents to observe and monitor) the performance and
operation of such system for a period of five years,
and that such entity (including any subsequent owner of
the property) shall regularly furnish the Secretary
with such reports thereon as the agreement may require.
(b) The Secretary shall, as he deems appropriate, undertake
any projects or activities (including demonstration projects)
to further the attainment of the objectives of this section.
Sec. 6. (a) The Secretary is authorized to select on the
basis of open competitions--
(1) a number of readily available photovoltaic
components and systems;
(2) a number of design concepts for various types of
applications which demonstrate adaptability to the
utilization of photovoltaic components and systems; and
(3) a number of designs for applications selected
under paragraph (2), so that each design includes
specific provisions for the utilization of solar
photovoltaic components and systems selected under
paragraph (1).
(b) The Secretary, in accordance with the applicable
provisions of sections 7, 8, and 9 of the Federal Nonnuclear
Energy Research and Development Act of 1974 (42 U.S.C. 5901 et
seq.) and with such program guidelines as the Secretary may
establish, shall--
(1) enter into such contracts and grants as may be
necessary or appropriate for the development for
commercial production and utilization of photovoltaic
components and systems, including any further planning
and design which may be required to conform with the
specifications set forth in any applicable criteria;
(2) select, as being compatible with the design
concepts chosen under subsection (a)(2) of this
section, a reasonable number of photovoltaic components
and systems; and
(3) enter into contracts with a number of persons or
firms for the procurement of photovoltaic components
and systems, including adequate numbers of spare and
replacement parts for such systems.
(c) The Secretary is authorized to award contracts for the
design integration between the application concepts and the
photovoltaic systems procured by the Secretary under subsection
(b)(3), and for the demonstration of prototype solar
photovoltaic systems, and, when appropriate, for the
utilization of such systems in existing facilities. Title to
and ownership of the facilities so constructed and of
photovoltaic systems installed hereunder may be conveyed to
purchasers of such facilities under terms and conditions
prescribed by the Secretary, including an express agreement
that any such purchaser shall, in such manner and form and on
such terms and conditions as the Secretary may prescribe,
observe and monitor (or permit the Secretary to observe and
monitor) the performance and operation of such systems for a
period of five years, and that such purchaser (including any
subsequent owner) shall regularly furnish the Secretary with
such reports thereon as the agreement may require.
(d) The Secretary, in consultation with the Administrator
of General Services or the Secretary of Defense or both (as may
be appropriate) shall enter into arrangements with appropriate
Federal agencies concurrently with the conduct of the programs
under this section and section 5586 of this title, to carry out
such projects and activities (including demonstration
projects), with respect to Federal buildings and facilities, as
may be appropriate for the demonstration of photovoltaic
systems suitable and effective for use in such applications.
(e) The Secretary shall, as he deems appropriate, undertake
any projects or activities (including demonstration projects)
to further the attainment of the objectives of this section.
TEST PROCEDURES AND PERFORMANCE CRITERIA
Sec. 7. (a) The Secretary shall conduct a testing program
for photovoltaic systems to assist in the development and
demonstration of prototype photovoltaic systems, including
collectors, controls, power conditioning, and energy storage
systems.
(b) Data obtained from the testing program under subsection
(a) shall be evaluated and used in establishing performance
criteria. These performance criteria shall be used in the
demonstration program described in sections 4, 5, and 6 of this
Act.
(c) The Secretary shall determine, prescribe, and publish
in the Federal Register, at a time which he determines to be
feasible and justified--
(1) performance criteria for photovoltaic components
and systems to be used in appropriate applications, and
procedures whereby manufacturers of photovoltaic
components and systems shall have their products tested
in order to provide certification that such products
conform to the performance criteria established under
this paragraph; and
(2) revised performance criteria for photovoltaic
components and systems to be used in appropriate
applications, and procedures whereby manufacturers of
photovoltaic components and systems shall have their
products tested in order to provide certification that
such products conform to the performance criteria
established under this paragraph. Such criteria may be
annually revised by the Secretary, as he deems
appropriate.
(d) Any photovoltaic component or system procured or
installed by the Federal Government or procured or installed
with Federal assistance under section 5 or section 6 of this
Act shall meet appropriate performance criteria prescribed
under this section, if such performance criteria have been
prescribed.
COORDINATION MONITORING, AND LIAISON
Sec. 8. (a) The Secretary, in coordination with such
Government agencies as may be appropriate, shall--
(1) monitor the performance and operation of
photovoltaic systems installed under this Act;
(2) collect and evaluate data and information on the
performance and operation of photovoltaic systems
installed under this Act; and
(3) from time to time carry out such studies and
investigations and take such other actions, including
the submission of special reports to the Congress when
appropriate, as may be necessary to assure that the
programs for which the Secretary is responsible under
this Act effectively carry out the policy of this Act.
(b) In the development of the performance criteria and test
procedures required under section 7 of this Act, the Secretary
shall work closely with the appropriate scientific, technical,
and professional societies and industry representatives in
order to assure the best possible use of available expertise in
this area.
(c) The Secretary shall also maintain continuing liaison
with related industries and interests, and with the scientific
and technical community, during and after the period of the
programs carried out under this Act, in order to assure that
the projected benefits of such programs are and will continue
to be realized.
SOLAR PHOTOVOLTAIC ENERGY ADVISORY COMMITTEE
Sec. 9. (a) There is hereby established a Solar
Photovoltaic Energy Advisory Committee, which shall study and
advise the Secretary on--
(1) the scope and pace of research and development
with respect to solar photovoltaic energy systems;
(2) the need for and timing of solar photovoltaic
energy systems demonstration projects;
(3) the need for change in any research, development,
or demonstration program established under this Act;
and
(4) the economic, technological, and environmental
consequences of the use of solar photovoltaic energy
systems.
(b) The Committee shall be composed of thirteen members,
including eleven members appointed by the Secretary from
industrial organizations, academic institutions, professional
societies or institutions, and other sources as he sees fit,
and two members of the public appointed by the President. The
Chairman of the Committee shall be elected from among the
members thereof.
(c) The heads of the departments, agencies, and
instrumentalities of the executive branch of the Federal
Government shall cooperate with the Committee in carrying out
the requirements of this section, and shall furnish to the
Committee such information as the Committee deems necessary to
carry out this section.
(d) Section 624 of the Department of Energy Organization
Act shall be applicable to the Committee, except as
inconsistent with this section.
DISSEMINATION OF INFORMATION AND OTHER ACTIVITIES TO PROMOTE PRACTICAL
USE OF SOLAR PHOTOVOLTAIC TECHNOLOGIES
Sec. 10. (a) The Secretary shall take all possible steps to
assure that full and complete information with respect to the
demonstrations and other activities conducted under this Act is
made available to Federal, State, and local authorities,
relevant segments of the economy, the scientific and technical
community, and the public at large, both during and after the
close of the programs under this Act, with the objective of
promoting and facilitating to the maximum extent feasible the
early and widespread practical use of photovoltaic energy
throughout the United States. Any trade secret or other
proprietary information shall be exempted from such mandatory
disclosure, as otherwise specified in law applicable to
research, development and demonstration programs of the
Department of Energy, including, but not limited to, section 17
of the Federal Non-Nuclear Energy Research and Development Act
of 1974, Public Law 93-577, as amended.
(b) The Secretary shall--
(1) study the effect of the widespread utilization of
photovoltaic systems on the existing electric utility
system at varying levels of photovoltaic contribution
to the system;
(2) study and investigate the effect of utility rate
structures, building codes, zoning ordinances, and
other laws, codes, ordinances, and practices upon the
practical use of photovoltaic systems;
(3) determine the extent to which such laws, codes,
ordinances, and practices should be changed to permit
or facilitate such use and the methods by which any
such changes may best be accomplished; and
(4) determine the necessity of a program of
incentives to accelerate the commercial application of
photovoltaic technologies.
(c) The Secretary is authorized and directed, within one
year of the date of enactment of this Act, to make
recommendations to the President and to the Congress for
Federal policies relating to barriers to the early and
widespread utilization of photovoltaic systems in order to
realize the goals set forth in section 2. These recommendations
shall include but not be limited to--
(1) the potential for integration of electricity
derived from photovoltaic energy systems into the
existing national grid system, including the potential
of photovoltaic-generated electricity to meet the peak-
load energy needs of electric utilities, load
management and reliability implications of the
utilization of photovoltaic electricity by utilities,
the implications of utility ownership of photovoltaic
components leased to others primarily for decentralized
applications, the impacts of utility use of electricity
derived from photovoltaic energy systems on utility
rate structures, and the potential for reducing or
obviating the need for energy storage components for
photovoltaic energy systems through utility interface;
(2) the extent of competition between firms currently
engaged in the fabrication and installation of
photovoltaics components and systems as it affects the
character and growth potential of the American
photovoltaics industry, and the likelihood that small
photovoltaic firms will have reasonable opportunities
to compete and participate in the various programs
authorized by this Act;
(3) the need to identify legal alternatives to ensure
access to direct sunlight for photovoltaic energy
systems, the appropriate methods of encouraging the
adoption of such alternatives, and the implications of
widespread utilization of photovoltaic energy systems
for land use and urban development;
(4) the availability of private capital at reasonable
interest rates for individuals, businesses and others
desiring to establish commercial enterprises to
manufacture, market, install, and/or, maintain
photovoltaic components and systems, or purchase and
install such systems for private, industrial,
agricultural, commercial or other uses;
(5) the need for industry-wide warranty and
reliability standards for photovoltaic energy
components and systems for private sector applications,
and, if appropriate, the mechanisms for establishing
such standards; and
(6) the attainability of the goals specified in
subsection 2(b), and any modification of such goals
which the Secretary proposes for consideration by
Congress, with supporting analyses.
(d) In carrying out his functions under this section, the
Secretary shall consult with the appropriate government
agencies, industry representatives, and members of the
scientific and technical community having expertise and
interest in this area. The Secretary also shall ensure that any
study or report prepared pursuant to this section is fully
coordinated with and reflective of any analyses or reports
prepared pursuant to the requirements in section 5556a of this
title, and in the President's Solar Energy Domestic Policy
Review. The Secretary, as appropriate, may merge any continuing
or on-going studies under section 5556a of this title or the
Domestic Policy Review with those required by this section or
avoid any unnecessary duplication of effort or funding. The
separate report requirements of section 5556a of this title and
this section, however, shall remain in force.
INTERNATIONAL PARTICIPATION AND COOPERATION
Sec. 11. (a) Within one year after the date of enactment of
this Act, the Secretary, in consultation with the Secretary of
State, the Administrator of the Agency for International
Development, the Director of the Export/Import Bank and other
appropriate Federal officials, shall submit to the House
Committee on Science and Technology and the Senate Committee on
Energy and Natural Resources a plan for demonstrating
applications of solar photovoltaic energy systems and
facilitating their widespread use in other nations, especially
those with agreements for scientific cooperation with the
United States.
(b) The Secretary is authorized to encourage, to the
maximum extent practicable, international participation and
cooperation in the development and maintenance of programs
established under this plan. The Secretary, in consultation and
cooperation with the Federal officials specified in subsection
(a), shall insure to the maximum extent possible that the plan
submitted under subsection (a) and any other international
activities under this section are consistent with and
reflective of any similar activities or requirements under any
other Federal statute, specifically including any of the
several programs under other agencies and Departments involving
United States international cooperation and assistance in
nonnuclear energy technology, and will not duplicate activities
under such programs. The plan required in subsection (a) shall
specifically identify all such programs and statutes and
describe how the activities under this section will be
consistent with such programs, will be coordinated with them,
and will avoid duplication of activities under such programs.
ENCOURAGEMENT AND PROTECTION OF SMALL BUSINESS
Sec. 12. In carrying out his functions under this Act, the
Secretary shall take steps to assure that small-business
concerns will have realistic and adequate opportunities to
participate in the programs under this Act to the maximum
extent practicable, and the Secretary is directed to set aside
at least 10 per centum of the funds authorized and appropriated
for the participation of small business concerns.
PRIORITIES
Sec. 13. The Secretary shall set priorities, as far as
possible consistent with the intent and operation of this Act,
in accordance with the following criteria:
(1) The applications utilizing photovoltaic systems
which will be part of the research, development, and
demonstration program and testing and demonstration
programs referred to in sections 4, 5, 6, and 7 shall
be located in a sufficient number of different
geographic areas in the United States to assure a
realistic and effective demonstration of the use of
photovoltaic systems and of the applications
themselves, in both rural and urban locations and under
climatic conditions which vary as much as possible.
(2) The projected costs of commercial production and
maintenance of the photovoltaic systems utilized in the
testing and demonstration programs established under
this Act should be taken into account.
(3) Encouragement should be given in the conduct of
programs under this Act to those projects in which
funds are appropriated by any State or political
subdivision thereof for the purpose of sharing costs
with the Federal Government for the purchase and
installation of photovoltaic components and systems.
Sec. 14. Nothing in this Act shall be construed to negate,
duplicate, or otherwise affect the provisions of title V
(Federal Initiatives), part 4 (Federal Photovoltaic
Utilization), National Energy Conservation Policy Act, H.R.
5037, 95th Congress, if and when that Act becomes enacted by
the Ninety-fifth Congress, and such part 4 shall be exempted
fully from the provisions of this Act and any regulations,
guidelines, or criteria pursuant thereto.
AUTHORIZATION OF APPROPRIATIONS
Sec. 15. There is hereby authorized to be appropriated to
the Secretary, for the fiscal year ending September 30, 1979,
$125,000,000, inclusive of any funds otherwise authorized for
photovoltaic programs, (1) to carry out the functions vested in
the Secretary by this Act, (2) to carry out the functions in
fiscal year 1979, vested in the Secretary by part 4 of title V
of H.R. 5037, 95th Congress, if enacted by the 95th Congress,
and (3) for transfer to such other agencies of the Federal
Government as may be required to enable them to carry out their
respective functions under this Act. Funds appropriated
pursuant to this section shall remain available until expended:
Provided, That any contract or agreement entered into pursuant
to this Act shall be effective only to such extent or in such
amounts as are provided in advance in appropriation Acts.
Authorizations of appropriations for fiscal years after fiscal
year 1979 shall be contained in the annual authorization for
the Department of Energy, except for those funds authorized for
fiscal years 1980 and 1981 contained in part 4 of title V of
H.R. 5037, Ninety-fifth Congress, if by the Ninety-fifth
Congress,.]
RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY COMPETIVENESS ACT OF
1989
Public Law 101-218, as Amended
* * * * * * *
SEC. 4. NATIONAL GOALS AND MULTI YEAR FUNDING FOR FEDERAL WIND,
[PHOTOVOLTAICS, AND SOLAR THERMAL] ALCOHOL FROM
BIOMASS, AND OTHER TECHNOLOGY PROGRAMS
(a) National Goals.--The following are declared to be the
national goals for the wind, [photovoltaics, and solar thermal
energy] alcohol from biomass, and other energy technology
programs being carried out by the Secretary:
(1) Wind.--(A) In general, the goals for the Wind
Energy Research Program include improving design
methodologies and developing more reliable and
efficient wind turbines to increase the cost
competitiveness of wind energy. Research efforts shall
emphasize--
(i) activities that address near-term
technical problems and assist private sector
exploitation of market opportunities of the
wind energy industry;
(ii) developing technologies such as advanced
airfoils and variable speed generators to
increase wind turbine output and reduce
maintenance costs by decreasing structural
stress and fatigue;
(iii) increasing the basic knowledge of
aerodynamics, structural dynamics, fatigue, and
electrical systems interactions as applied to
wind energy technology; and
(iv) improving the compatibility of
electricity produced from wind farms with
conventional utility needs.
(B) Specific goals for the Wind Energy Research
Program shall be to--
(i) reduce average wind energy costs to 3 to
5 cents per kilowatt hour by 1995;
(ii) reduce capital costs of new wind energy
systems to $500 to $750 per kilowatt of
installed capacity by 1995;
(iii) reduce operation and maintenance costs
for wind energy systems to less than one cent
per kilowatt hour by 1995; and
(iv) increase capacity factors for new wind
energy systems to 25 to 35 percent by 1995.
[(2) Photovoltaics.--(A) In general, the goals of the
Photovoltaic Energy Systems Program shall include
improving the reliability and conversion efficiencies
of and lowering the costs of photovoltaic conversion.
Research efforts shall emphasize advancements in the
performance, stability, and durability of photovoltaic
materials.
(B) Specific goals of the Photovoltaic Energy Systems
Program shall be to--
(i) improve operational reliability of
photovoltaic modules to 30 years by 1995;
(ii) increase photovoltaic conversion
efficiencies by 20 percent by 1995;
(iii) decrease new photovoltaic module direct
manufacturing costs to $800 per kilowatt by
1995; and
(iv) increase cost efficiency of photovoltaic
power production to 10 cents per kilowatt hour
by 1995.
[(3) Solar thermal.--(A) In general, the goal of the
Solar Thermal Energy Systems Program shall be to
advance research and development to a point where solar
thermal technology is cost-competitive with
conventional energy sources, and to promote the
integration of this technology into the production of
industrial process heat and the conventional utility
network. Research and development shall emphasize
development of a thermal storage technology to provide
capacity for shifting power to periods of demand when
full insolation is not available; improvement in
receivers, energy conversion devices, and innovative
concentrators using stretch membranes, lenses, and
other materials; and exploration of advanced
manufacturing techniques.
(B) Specific goals of the Solar Thermal Energy
Systems Program shall be to--
(i) reduce solar thermal costs for industrial
process heat to $9.00 per million Btu by 1995;
and
(ii) reduce average solar thermal costs for
electricity to 4 to 5 cents per kilowatt hour
by 1995.]
[(4)] (2) Alcohol from biomass.--(A) In general, the
goal of the Alcohol From Biomass Program shall be to
advance research and development to a point where
alcohol from biomass technology is cost-competitive
with conventional hydrocarbon transportation fuels, and
to promote the integration of this technology into the
transportation fuel sector of the economy.
(B)(i) Specific goals for producing ethanol from
biomass shall be to--
(I) reduce the cost of alcohol to 70 cents
per gallon;
(II) improve the overall biomass carbohydrate
conversion efficiency to 91 percent;
(III) reduce the capital cost component of
the cost of alcohol to 23 cents per gallon; and
(IV) reduce the operating and maintenance
component of the cost of alcohol to 47 cents
per gallon.
(ii) Specific goals for producing methanol from
biomass shall be to
(I) reduce the cost of alcohol to 47 cents
per gallon; and
(II) reduce the capital component of the cost
of alcohol to 16 cents per gallon.
[(5)] (3) Other technologies.--The Secretary shall
submit to the Congress, as part of the first report
submitted under section 9, recommendations for specific
cost goals and other pertinent goals for 1995 for
Department of Energy research, development, and
demonstration programs in Biofuels Energy Systems,
Biodiesel Energy Systems, Hydrogen Energy Systems,
Solar Buildings Energy Systems, Ocean Energy Systems,
Geothermal Energy Systems, Low-Head Hydro, and Energy
Storage Systems.
(b) Amended Goals.--Whenever the Secretary determines that
any of the goals established under this section is no longer
appropriate, the Secretary shall notify Congress, as part of a
report submitted under section 9, of the reason for the
determination and provide an amended goal that is consistent
with the purpose stated in section 2(b).
(c) Authorizations.-- There are authorized to be
appropriated to the Secretary for the following renewable
energy research, development, and demonstration programs: the
Wind Energy Research Program, [the Photovoltaic Energy Systems
Program, the Solar Thermal Energy Systems Program,] the
Biofuels Energy Systems Program, the Hydrogen Energy Systems
Program, the Solar Buildings Energy Systems Program, the Ocean
Energy Systems Program, and the Geothermal Energy Systems
Program--
(1) not to exceed $113,000,000 for fiscal year 1991,
of which--
[(A) not to exceed $39,000,000 shall be
available for the Photovoltaic Energy Systems
Program;]
[(B)] (A) not to exceed $19,000,000 shall be
available for the Geothermal Energy Systems
Program; and
[(C)] (B) not to exceed $4,000,000 shall be
available for the Hydrogen Energy Systems
Program; and
(2) not to exceed $121,000,000 for fiscal year 1992,
of which--
[(A) not to exceed $40,000,000 shall be
available for the Photovoltaic Energy Systems
Program;]
[(B)] (A) not to exceed $20,500,000 shall be
available for the Geothermal Energy Systems
Program; and
[(C)] (B) not to exceed $5,000,000 shall be
available for the Hydrogen Energy Systems
Program.
Each of the President's annual budget requests submitted to
Congress after the date of enactment of this Act shall include
as separate line items each of the categories of renewable
energy programs described in this subsection.
* * * * * * *
ENERGY POLICY ACT OF 2005
Public Law 109-58, as Amended
* * * * * * *
TITLE IX--RESEARCH AND DEVELOPMENT
Subtitle C--Renewable Energy
SEC. 931. RENEWABLE ENERGY.
(a) In General.--
(1) Objectives.--The Secretary shall conduct programs
of renewable energy research, development,
demonstration, and commercial application, including
activities described in this part. Such programs shall
take into consideration the following objectives:
(A) Increasing the conversion efficiency of
all forms of renewable energy through improved
technologies.
(B) Decreasing the cost of renewable energy
generation and delivery.
(C) Promoting the diversity of the energy
supply.
(D) Decreasing the dependence of the United
States on foreign energy supplies.
(E) Improving United States energy security.
(F) Decreasing the environmental impact of
energy-related activities.
(G) Increasing the export of renewable
generation equipment from the United States.
(2) Programs.--
[(A) Solar energy.--The Secretary shall
conduct a program of research, development,
demonstration, and commercial application for
solar energy, including--
(i) photovoltaics;
(ii) solar hot water and solar space
heating;
(iii) concentrating solar power;
(iv) lighting systems that integrate
sunlight and electrical lighting in
complement to each other in common
lighting fixtures for the purpose of
improving energy efficiency;
(v) manufacturability of low cost,
high quality solar systems; and
(vi) development of products that can
be easily integrated into new and
existing buildings.]
[(B)] (A) Wind energy.-- The Secretary shall
conduct a program of research, development,
demonstration, and commercial application for
wind energy, including--
(i) low speed wind energy;
(ii) offshore wind energy;
(iii) testing and verification
(including construction and operation
of a research and testing facility
capable of testing wind turbines); and
(iv) distributed wind energy
generation.
[(C)] (B) Geothermal.--The Secretary shall
conduct a program of research, development,
demonstration, and commercial application for
geothermal energy. The program shall focus on
developing improved technologies for reducing
the costs of geothermal energy installations,
including technologies for--
(i) improving detection of geothermal
resources;
(ii) decreasing drilling costs;
(iii) decreasing maintenance costs
through improved materials;
(iv) increasing the potential for
other revenue sources, such as mineral
production; and
(v) increasing the understanding of
reservoir life cycle and management.
[(D)] (C) Hydropower.--The Secretary shall
conduct a program of research, development,
demonstration, and commercial application for
cost competitive technologies that enable the
development of new and incremental hydropower
capacity, adding to the diversity of the energy
supply of the United States, including:
(i) Fish-friendly large turbines.
(ii) Advanced technologies to enhance
environmental performance and yield
greater energy efficiencies.
[(E)] (D) Miscellaneous projects.--The
Secretary shall conduct research, development,
demonstration, and commercial application
programs for--
(i) ocean energy, including wave
energy;
(ii) the combined use of renewable
energy technologies with one another
and with other energy technologies,
including the combined use of wind
power and coal gasification
technologies;
(iii) renewable energy technologies
for cogeneration of hydrogen and
electricity; and
(iv) kinetic hydro turbines.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out renewable
energy research, development, demonstration, and commercial
application activities, including activities authorized under
this subtitle--
(1) $632,000,000 for fiscal year 2007;
(2) $743,000,000 for fiscal year 2008;
(3) $852,000,000 for fiscal year 2009; and
(4) $963,000,000 for fiscal year 2010.
(c) Bioenergy.--From the amounts authorized under
subsection (b), there are authorized to be appropriated to
carry out section 932--
(1) $213,000,000 for fiscal year 2007, of which
$100,000,000 shall be for section 932(d);
(2) $377,000,000 for fiscal year 2008, of which
$125,000,000 shall be for section 932(d);
(3) $398,000,000 for fiscal year 2009, of which
$150,000,000 shall be for section 932(d); and
(4) $419,000,000 for fiscal year 2010, of which
$150,000,000 shall be for section 932(d).
[(d) Solar Power.--From amounts authorized under subsection
(b), there is authorized to be appropriated to carry out
activities under subsection (a)(2)(A)--
(1) $140,000,000 for fiscal year 2007, of which
$40,000,000 shall be for activities under section 935;
(2) $200,000,000 for fiscal year 2008, of which
$50,000,000 shall be for activities under section 935;
and
(3) $250,000,000 for fiscal year 2009, of which
$50,000,000 shall be for activities under section 935.]
[(e)] (d) Administration.--Of the funds authorized under
subsection (c), not less than $5,000,000 for each fiscal year
shall be made available for grants to--
(1) part B institutions;
(2) Tribal Colleges or Universities (as defined in
section 316(b) of the Higher Education Act of 1965);
and
(3) Hispanic-serving institutions.
[(f)] (e) Rural Demonstration Projects.--In carrying out
this section, the Secretary, in consultation with the Secretary
of Agriculture, shall demonstrate the use of renewable energy
technologies to assist in delivering electricity to rural and
remote locations including--
(1) advanced wind power technology, including
combined use with coal gasification;
(2) biomass; and
(3) geothermal energy systems.
[(g)] (f) Analysis and Evaluation.--
(1) In general.--The Secretary shall conduct analysis
and evaluation in support of the renewable energy
programs under this part. These activities shall be
used to guide budget and program decisions, and shall
include--
(A) economic and technical analysis of
renewable energy potential, including resource
assessment;
(B) analysis of past program performance,
both in terms of technical advances and in
market introduction of renewable energy; and
(C) any other analysis or evaluation that the
Secretary considers appropriate.
(2) Funding.--The Secretary may designate up to 1
percent of the funds appropriated for carrying out this
part for analysis and evaluation activities under this
subsection.
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ENERGY INDEPENDENCE AND SECURITY ACT OF 2007
Public Law 110-140, as Amended
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TITLE VI--ACCELERATED RESEARCH AND DEVELOPMENT
Subtitle A--Solar Energy
SEC. 601. SHORT TITLE.
This subtitle may be cited as the ``Solar Energy Research
and Advancement Act of 2007.''
SEC. 602. THERMAL ENERGY STORAGE RESEARCH AND DEVELOPMENT PROGRAM.
(a) Establishment.--The Secretary shall establish a program
of research and development to provide lower cost and more
viable thermal energy storage technologies to enable the
shifting of electric power loads on demand and extend the
operating time of concentrating solar power electric generating
plants.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for carrying out this
section $5,000,000 for fiscal year 2008, $7,000,000 for fiscal
year 2009, $9,000,000 for fiscal year 2010, $10,000,000 for
fiscal year 2011, and $12,000,000 for fiscal year 2012.
SEC. 604. SOLAR ENERGY CURRICULUM DEVELOPMENT AND CERTIFICATION GRANTS.
(a) Establishment.--The Secretary shall establish in the
Office of Solar Energy Technologies a competitive grant program
to create and strengthen solar industry workforce training and
internship programs in installation, operation, and maintenance
of solar energy products. The goal of this program is to ensure
a supply of well-trained individuals to support the expansion
of the solar energy industry.
(b) Authorized Activities.--Grant funds may be used to
support the following activities:
(1) Creation and development of a solar energy
curriculum appropriate for the local educational,
entrepreneurial, and environmental conditions,
including curriculum for community colleges.
(2) Support of certification programs for individual
solar energy system installers, instructors, and
training programs.
(3) Internship programs that provide hands-on
participation by students in commercial applications.
(4) Activities required to obtain certification of
training programs and facilities by an industry-
accepted quality-control certification program.
(5) Incorporation of solar-specific learning modules
into traditional occupational training and internship
programs for construction-related trades.
(6) The purchase of equipment necessary to carry out
activities under this section.
(7) Support of programs that provide guidance and
updates to solar energy curriculum instructors.
(c) Administration of Grants.--Grants may be awarded under
this section for up to 3 years. The Secretary shall award
grants to ensure sufficient geographic distribution of training
programs nationally. Grants shall only be awarded for programs
certified by an industry-accepted quality-control certification
institution, or for new and growing programs with a credible
path to certification. Due consideration shall be given to
women, underrepresented minorities, and persons with
disabilities.
(d) Report.--The Secretary shall make public, on the
website of the Department or upon request, information on the
name and institution for all grants awarded under this section,
including a brief description of the project as well as the
grant award amount.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for carrying out this
section $10,000,000 for each of the fiscal years 2008 through
2012.
SEC. 605. DAYLIGHTING SYSTEMS AND DIRECT SOLAR LIGHT PIPE TECHNOLOGY.
(a) Establishment.--The Secretary shall establish a program
of research and development to provide assistance in the
demonstration and commercial application of direct solar
renewable energy sources to provide alternatives to traditional
power generation for lighting and illumination, including light
pipe technology, and to promote greater energy conservation and
improved efficiency. All direct solar renewable energy devices
supported under this program shall have the capability to
provide measurable data on the amount of kilowatt-hours saved
over the traditionally powered light sources they have
replaced.
(b) Reporting.--The Secretary shall transmit to Congress an
annual report assessing the measurable data derived from each
project in the direct solar renewable energy sources program
and the energy savings resulting from its use.
(c) Definitions.--For purposes of this section--
(1) the term ``direct solar renewable energy'' means
energy from a device that converts sunlight into
useable light within a building, tunnel, or other
enclosed structure, replacing artificial light
generated by a light fixture and doing so without the
conversion of the sunlight into another form of energy;
and (2) the term ``light pipe'' means a device designed
to transport visible solar radiation from its
collection point to the interior of a building while
excluding interior heat gain in the nonheating season.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for carrying out this
section $3,500,000 for each of the fiscal years 2008 through
2012.
[SEC. 606. SOLAR AIR CONDITIONING RESEARCH AND DEVELOPMENT PROGRAM.
(a) Establishment.--The Secretary shall establish a
research, development, and demonstration program to promote
less costly and more reliable decentralized distributed solar-
powered air conditioning for individuals and businesses.
(b) Authorized Activities.--Grants made available under
this section may be used to support the following activities:
(1) Advancing solar thermal collectors, including
concentrating solar thermal and electric systems, flat
plate and evacuated tube collector performance.
(2) Achieving technical and economic integration of
solar-powered distributed air-conditioning systems with
existing hot water and storage systems for residential
applications.
(3) Designing and demonstrating mass manufacturing
capability to reduce costs of modular standardized
solar-powered distributed air conditioning systems and
components.
(4) Improving the efficiency of solar-powered
distributed air-conditioning to increase the
effectiveness of solar-powered absorption chillers,
solar-driven compressors and condensors,\1\ and cost-
effective precooling approaches.
(5) Researching and comparing performance of solar-
powered distributed air conditioning systems in
different regions of the country, including potential
integration with other onsite systems, such as solar,
biogas, geothermal heat pumps, and propane assist or
combined propane fuel cells, with a goal to develop
site-specific energy production and management systems
that ease fuel and peak utility loading.
(c) Cost Sharing.--Section 988 of the Energy Policy Act of
2005 (42 U.S.C. 16352) shall apply to a project carried out
under this section.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for carrying out this
section $2,500,000 for each of the fiscal years 2008 through
2012.
[SEC. 607. PHOTOVOLTAIC DEMONSTRATION PROGRAM.
(a) In General.--The Secretary shall establish a program of
grants to States to demonstrate advanced photovoltaic
technology.
(b) Requirements.--
(1) Ability to meet requirements.--To receive funding
under the program under this section, a State must
submit a proposal that demonstrates, to the
satisfaction of the Secretary, that the State will meet
the requirements of subsection (f).
(2) Compliance with requirements.--If a State has
received funding under this section for the preceding
year, the State must demonstrate, to the satisfaction
of the Secretary, that it complied with the
requirements of subsection (f) in carrying out the
program during that preceding year, and that it will do
so in the future, before it can receive further funding
under this section.
(c) Competition.--The Secretary shall award grants on a
competitive basis to the States with the proposals the
Secretary considers most likely to encourage the widespread
adoption of photovoltaic technologies. The Secretary shall take
into consideration the geographic distribution of awards.
(d) Proposals.--Not later than 6 months after the date of
enactment of this Act, and in each subsequent fiscal year for
the life of the program, the Secretary shall solicit proposals
from the States to participate in the program under this
section.
(e) Competitive Criteria.--In awarding funds in a
competitive allocation under subsection (c), the Secretary
shall consider--
(1) the likelihood of a proposal to encourage the
demonstration of, or lower the costs of, advanced
photovoltaic technologies; and
(2) the extent to which a proposal is likely to--
(A) maximize the amount of photovoltaics
demonstrated;
(B) maximize the proportion of non-Federal
cost share; and
(C) limit State administrative costs.
(f) State Program.--A program operated by a State with
funding under this section shall provide competitive awards for
the demonstration of advanced photovoltaic technologies. Each
State program shall--
(1) require a contribution of at least 60 percent per
award from non-Federal sources, which may include any
combination of State, local, and private funds, except
that at least 10 percent of the funding must be
supplied by the State;
(2) endeavor to fund recipients in the commercial,
industrial, institutional, governmental, and
residential sectors;
(3) limit State administrative costs to no more than
10 percent of the grant;
(4) report annually to the Secretary on--
(A) the amount of funds disbursed;
(B) the amount of photovoltaics purchased;
and
(C) the results of the monitoring under
paragraph (5);
(5) provide for measurement and verification of the
output of a representative sample of the photovoltaics
systems demonstrated throughout the average working
life of the systems, or at least 20 years; and
(6) require that applicant buildings must have
received an independent energy efficiency audit during
the 6-month period preceding the filing of the
application.
(g) Unexpended Funds.--If a State fails to expend any funds
received under this section within 3 years of receipt, such
remaining funds shall be returned to the Treasury.
(h) Reports.--The Secretary shall report to Congress 5
years after funds are first distributed to the States under
this section--
(1) the amount of photovoltaics demonstrated;
(2) the number of projects undertaken;
(3) the administrative costs of the program;
(4) the results of the monitoring under subsection
(f)(5); and
(5) the total amount of funds distributed, including
a breakdown by State.
(i) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for the purposes of
carrying out this section--
(1) $15,000,000 for fiscal year 2008;
(2) $30,000,000 for fiscal year 2009;
(3) $45,000,000 for fiscal year 2010;
(4) $60,000,000 for fiscal year 2011; and
(5) $70,000,000 for fiscal year 2012.]
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