1.This Act may be cited as the
International Clean Energy
Technologies Deployment and Global Energy Markets Investment Act of
2007
.
2.International
Clean Energy Technologies Deployment and Global Energy Markets
InvestmentTitle XXI of the
Energy Policy Act of 1992 (Public Law 102–486; 106 Stat. 3067) is amended by
adding at the end the following new subtitle:
DInternational
Clean Energy Technologies Deployment and Global Energy Markets
Investment
2131.The purposes of this subtitle are—
(1)to facilitate the export of clean energy
technologies to developing countries;
(2)to retain and create manufacturing and
related service jobs in the United States;
(3)to reduce the trade deficit of the United
States through the export of United States energy technologies, technological
expertise, and project development and deployment;
(4)to promote sustainable economic
development, increase access to modern energy services, reduce greenhouse gas
emissions, and strengthen energy security and independence in developing
countries through the deployment of clean energy technologies in partnership
with the private sector;
(5)to ensure that activities funded under this
subtitle contribute to economic growth, poverty reduction, good governance, the
rule of law, property rights, safety and development best practices, and
environmental protection; and
(6)to authorize funds for clean energy
development activities in developing countries.
2132.In this subtitle:
(1)The term
clean energy technology means an energy supply or end-use
technology that, over its lifecycle and compared to a similar technology
already in commercial use in any developing country—
(A)is reliable, affordable, economically
viable, socially acceptable, and compatible with the needs and norms of the
host country;
(B)results in—
(i)reduced emissions of greenhouse
gases;
(ii)increased geological sequestration;
or
(iii)increased energy efficiency; and
(C)may—
(i)substantially lower emissions of air
pollutants; and
(ii)generate substantially smaller or less
hazardous quantities of solid or liquid waste.
(2)
(A)The term
developing country means any country not listed in Annex I of the
United Nations Framework Convention on Climate Change, done at New York May 9,
1992.
(B)The term developing country
may include a country with an economy in transition, as determined by the
Secretary of State.
(3)The term
geological sequestration means the capture and long-term storage
in a geological formation of a greenhouse gas from an energy producing
facility, which prevents the release of greenhouse gases into the
atmosphere.
(4)The term greenhouse
gas means—
(A)carbon dioxide;
(B)methane;
(C)nitrous oxide;
(D)hydrofluorocarbons;
(E)perfluorocarbons; and
(F)sulfur hexafluoride.
(5)Institution of
higher educationThe term
institution of higher education has the meaning given the term in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(6)Interagency
working groupThe term
Interagency Working Group means the Interagency Working Group on
Clean Energy Technology Exports established under section 2136(b)(1)(A).
(7)The term
National Laboratory means any of the following laboratories owned
by the Department of Energy:
(A)Ames Laboratory.
(B)Argonne National Laboratory.
(C)Brookhaven National Laboratory.
(D)Fermi National Accelerator
Laboratory.
(E)Idaho National Laboratory.
(F)Lawrence Berkeley National
Laboratory.
(G)Lawrence Livermore National
Laboratory.
(H)Los Alamos National Laboratory.
(I)National Energy Technology
Laboratory.
(J)National Renewable Energy
Laboratory.
(K)Oak Ridge National Laboratory.
(L)Pacific Northwest National
Laboratory.
(M)Princeton Plasma Physics Laboratory.
(N)Sandia National Laboratories.
(O)Savannah River
National Laboratory.
(P)Stanford Linear Accelerator Center.
(Q)Thomas Jefferson National Accelerator
Facility.
(8)The term
qualifying project means a project meeting the criteria
established under section 2134(c).
(9)The term State means—
(A)a State;
(B)the District of Columbia;
(C)the Commonwealth of Puerto Rico; and
(D)any other territory or possession of the
United States.
(10)The term Task
Force means the Task Force on International Clean Energy Cooperation
established under section 2136(a).
(11)The term United
States, when used in a geographical sense, means all of the
States.
2133.Clean energy
assistance to developing countries
(a)Subject to section
2135, the Secretary of Energy, in coordination with the Secretary of State and
the Administrator of the United States Agency for International Development,
shall provide assistance for activities in developing countries that are
consistent with the priorities established in the strategy.
(b)The assistance may be provided
through—
(1)the Millennium Challenge Corporation
established under section 604(a) of the Millennium Challenge Act of 2003 (22
U.S.C. 7703(a));
(2)the Global Village Energy Partnership;
and
(3)other international assistance programs or
activities of—
(A)the Department of Energy;
(B)the Department of
State;
(C)the United States Agency for International
Development; and
(D)other Federal agencies.
(c)The activities
supported under this section include—
(1)development of national action plans and
policies to—
(A)facilitate the provision of clean energy
services and the adoption of energy efficiency measures;
(B)identify linkages between the use of clean
energy technologies and the provision of agricultural, transportation, water,
health, educational, and other development-related services; and
(C)integrate the use of clean energy
technologies into national strategies for economic growth, poverty reduction,
and sustainable development;
(2)strengthening of public and private sector
capacity to—
(A)assess clean energy needs and
options;
(B)identify opportunities to reduce, avoid, or
sequester greenhouse gas emissions;
(C)establish enabling policy
frameworks;
(D)develop and access financing mechanisms;
and
(E)monitor progress in implementing clean
energy and greenhouse gas reduction strategies;
(3)enactment and implementation of
market-favoring measures to promote commercial-based energy service provision
and to improve the governance, efficiency, and financial performance of the
energy sector; and
(4)development and use of innovative public
and private mechanisms to catalyze and leverage financing for clean energy
technologies, including use of the development credit authority of the United
States Agency for International Development and credit enhancements through the
Export-Import Bank and the Overseas Private Investment Corporation.
2134.Pilot program for
demonstration projects
(a)Not later than 2
years after the date of the enactment of the International Clean Energy Technologies Deployment and
Global Energy Markets Investment Act of 2007, the Secretary of
Energy, in consultation with the Secretary of State and the Administrator of
the United States Agency for International Development, shall, by regulation,
establish a pilot program that provides financial assistance for qualifying
projects consistent with the strategy and the performance criteria established
under section 2135.
(b)The pilot program shall include demonstration projects
that showcase clean energy technologies, including clean coal, small or
advanced nuclear, small or advanced hydropower, biofuels, renewable, and energy
efficiency technologies. Each clean energy technology shall be included in at
least one demonstration project under the pilot program.
(c)To be qualified to
receive assistance under this section, a project shall—
(1)be a project—
(A)to construct an energy production facility
in a developing country for the production of energy to be consumed in the
developing country; or
(B)to improve the efficiency of energy use in
a developing country;
(2)be a project that—
(A)is submitted by a firm of the United States
to the Secretary of Energy in accordance with procedures established by the
Secretary by regulation;
(B)meets the requirements of section
1608(k);
(C)uses technology that has been successfully
developed or deployed in the United States; and
(D)is selected by the Secretary of Energy
without regard to the developing country in which the project is located, with
notice of the selection published in the Federal Register; and
(3)when deployed, result in a greenhouse gas
emission reduction (when compared to the technology that would otherwise be
deployed) of at least—
(A)in the case of a unit or energy-efficiency
measure placed in service during the period beginning on the date of the
enactment of the International Clean Energy
Technologies Deployment and Global Energy Markets Investment Act of
2007 and ending on December 31, 2011, 20 percentage
points;
(B)in the case of a unit or energy-efficiency
measure placed in service during the period beginning on January 1, 2012, and
ending on December 31, 2021, 40 percentage points; and
(C)in the case of a unit or energy-efficiency
measure placed in service after December 31, 2021, 60 percentage points.
(d)
(1)For each qualifying
project selected by the Secretary of Energy to participate in the pilot
program, the Secretary shall make a loan or loan guarantee available for not
more than 50 percent of the total cost of the project.
(2)The interest rate on a
loan made under this subsection shall be equal to the current average yield on
outstanding obligations of the United States with remaining periods of maturity
comparable to the maturity of the loan.
(3)Host country
contributionTo be eligible
for a loan or loan guarantee for a project in a host country under this
subsection, the host country shall—
(A)make at least a 10 percent contribution
toward the total cost of the project; and
(B)verify to the Secretary of Energy (using
the methodology established under section 2137(c)(7)) the quantity of annual
greenhouse gas emissions reduced, avoided, or sequestered as a result of the
deployment of the project.
(4)Capacity
building research
(A)A proposal made for a
qualifying project may include a research component intended to build
technological capacity within the host country.
(B)To be eligible for a loan or loan guarantee
under this paragraph, the research shall—
(i)be related to the technology being
deployed; and
(ii)involve—
(I)an institution in the host country;
and
(II)a participant from the United States that
is an industrial entity, an institution of higher education, or a National
Laboratory.
(C)Host country
contributionTo be eligible
for a loan or loan guarantee for research in a host country under this
paragraph, the host country shall make at least a 50 percent contribution
toward the total cost of the research.
2135.Performance
criteria for major energy consumers
(a)Identification
of major energy consumersNot
later than 1 year after the date of enactment of the
International Clean Energy Technologies
Deployment and Global Energy Markets Investment Act of 2007, the
Task Force shall identify those developing countries that, by virtue of present
and projected energy consumption, represent the predominant share of energy use
among developing countries.
(b)As a condition of
accepting assistance provided under sections 2133 or 2134, any developing
country identified under subsection (a) shall—
(1)meet the eligibility criteria established
under section 607 of the Millennium Challenge Act of 2003 (22 U.S.C. 7706),
notwithstanding the eligibility of the developing country as a candidate
country under section 606 of that Act (22 U.S.C. 7705); and
(2)agree to establish and report on progress
in meeting specific goals for reduced energy-related greenhouse gas emissions
and specific goals for—
(A)increased access to clean energy services
among unserved and underserved populations;
(B)increased use of renewable energy
resources;
(C)increased use of lower greenhouse
gas-emitting fossil fuel-burning technologies;
(D)more efficient production and use of
energy;
(E)greater reliance on advanced energy
technologies;
(F)the sustainable use of traditional energy
resources; or
(G)other goals for improving energy-related
environmental performance, including improving local air and water quality and
reducing or eliminating solid waste contaminants.
2136.
(a)
(1)Not later than 90 days after the date of
enactment of the International Clean Energy
Technologies Deployment and Global Energy Markets Investment Act of
2007, the President shall establish a Task Force on International
Clean Energy Technologies Cooperation.
(2)The Task Force shall be composed of
representatives, appointed by the head of the respective Federal agency,
of—
(A)the Council on Environmental
Quality;
(B)the Department of Energy;
(C)the Department of Commerce;
(D)the Department of the Treasury;
(E)the Department of
State;
(F)the Environmental Protection Agency;
(G)the United States Agency for International
Development;
(H)the Export-Import Bank;
(I)the Overseas Private Investment
Corporation;
(J)the Trade and Development Agency;
(K)the Small Business Administration;
(L)the Office of the United States Trade
Representative; and
(M)other Federal agencies, as determined by
the President.
(3)The
President shall designate one of the representatives appointed under paragraph
(2) to serve as the Chairperson of the Task Force.
(4)
(A)The Task Force shall
act as the lead agency in the development and implementation of the strategy
required under section 2137.
(B)Coordination
and implementationThe Task
Force shall support the coordination and implementation of programs under
sections 1331, 1332, and 1608.
(5)The Task Force, including any working group
established by the Task Force, shall terminate 12 years after the date of the
enactment of the International Clean Energy
Technologies Deployment and Global Energy Markets Investment Act of
2007.
(b)
(1)The Task Force—
(A)shall establish an Interagency Working
Group on Clean Energy Technology Exports; and
(B)may establish other working groups as
necessary to carry out this subtitle.
(2)Composition of
interagency working groupThe
Interagency Working Group shall be composed of—
(A)the Secretary of Energy, the Secretary of
Commerce, and the Administrator of the United States Agency for International
Development, who shall jointly serve as Chairpersons; and
(B)other members, as determined by the
Chairperson of the Task Force.
(3)In
support of the development, deployment, and transfer of clean energy
technologies developed or demonstrated in the United States, the Interagency
Working Group shall coordinate the resources and relevant programs of its
members to ensure the export and application of clean energy technologies
pursuant to sections 2133 and 2134, and to take advantage of other
opportunities where such clean energy technologies may be exported from the
United States and deployed or applied in other countries.
(4)The members of the Interagency Working Group shall
have the following responsibilities:
(A)The
chairpersons of the Interagency Working Group shall be responsible for
identifying opportunities for clean energy technologies, including for
providing and coordinating support for clean energy technology exports and
implementing necessary export finance mechanisms for clean energy
technologies.
(B)The Secretary of Energy shall focus on activities that
provide opportunities in foreign countries—
(i)to demonstrate
and deploy clean energy technologies for new generating capacity or to retrofit
or replace existing generation facilities;
(ii)to improve
procedures, processes, and methodologies for operating power generation
facilities;
(iii)to lower the
intensity of end use through energy efficiency upgrades; and
(iv)to address other
risk factors that are market barriers.
(C)The Secretary of Commerce shall—
(i)focus on
activities that help create opportunities to export clean energy technologies
through the elimination of trade barriers and tariffs for necessary products in
foreign countries and the adoption of policy reforms and legal structure
necessary to support the use of clean energy technologies developed or
demonstrated in the United States; and
(ii)address other
risk factors that are market barriers.
(D)Administrator
of the United States Agency for International DevelopmentThe
Administrator of the United States Agency for International Development
shall—
(i)promote policy
reforms to encourage the use of clean energy technologies developed or
demonstrated in the United States;
(ii)conduct resource
assessments for the various types of clean energy technologies; and
(iii)address other
risk factors that are market barriers.
(c)There shall be
established an Interagency Center to help carry out the activities of the
Interagency Working Group. The Interagency Center shall be located at a site
agreed upon by the chairpersons with the approval of the representatives of the
Task Force.
2137.
(a)
(1)Not later than 1 year
after the date of enactment of the International Clean Energy Technologies Deployment and
Global Energy Markets Investment Act of 2007, the Task Force
shall develop and submit to the President a strategy to—
(A)support the development and implementation
of programs, policies, and initiatives in developing countries to promote the
adoption and deployment of clean energy technologies and energy efficiency
technologies and strategies, with an emphasis on those developing countries
that are expected to experience the most significant growth in energy
production and use over the next 20 years;
(B)open and expand clean energy technology
markets and facilitate the export of clean energy technology to developing
countries, in a manner consistent with the subsidy codes of the World Trade
Organization;
(C)integrate into the foreign policy
objectives of the United States the promotion of—
(i)clean energy technology deployment and
reduced greenhouse gas emissions in developing countries; and
(ii)clean energy technology exports;
(D)establish a pilot program that provides
financial assistance for qualifying activities, partnerships, or projects;
and
(E)develop financial mechanisms and
instruments (including securities that mitigate the political and foreign
exchange risks of uses that are consistent with the foreign policy of the
United States by combining the private sector market and government
enhancements) that—
(i)are cost-effective; and
(ii)facilitate private capital investment in
clean energy technology projects in developing countries.
(2)On receiving the
strategy from the Task Force under paragraph (1), the President shall transmit
to Congress the strategy.
(b)
(1)Not later than 3
years after the date of submission of the initial strategy under subsection
(a)(1), and every 4 years thereafter—
(A)the Task Force shall—
(i)review and update the strategy; and
(ii)report the results of the review and update
to the President; and
(B)the President shall submit to Congress a
report on the strategy.
(2)The report shall include—
(A)the updated strategy;
(B)a description of the assistance provided
under this subtitle;
(C)the results of the pilot projects carried
out under this subtitle, including a comparative analysis of the relative
merits of each pilot project;
(D)the activities and progress reported by
developing countries to the Department of Energy under section 2135(b)(2);
and
(E)the activities and progress reported
towards meeting the goals established under section 2135(b)(2).
(c)In developing, updating, and submitting a
report on the strategy, the Task Force shall—
(1)assess—
(A)energy trends, energy needs, and potential
energy resource bases in developing countries; and
(B)the implications of the trends and needs
for domestic and global economic and security interests;
(2)analyze technology, policy, and market
opportunities for international development, demonstration, and deployment of
clean energy technologies and strategies;
(3)examine relevant trade, tax, finance,
international, and other policy issues to assess what policies, in the United
States and in developing countries, would help open markets and improve clean
energy technology exports of the United States in support of—
(A)enhancing energy innovation and
cooperation, including energy sector and market reform, capacity building, and
financing measures;
(B)improving energy end-use efficiency
technologies (including buildings and facilities) and vehicle, industrial, and
co-generation technology initiatives; and
(C)promoting energy supply technologies,
including fossil, nuclear, hydroelectric, and renewable technology
initiatives;
(4)investigate issues associated with building
capacity to deploy clean energy technology in developing countries,
including—
(A)energy-sector reform;
(B)creation of open, transparent, and
competitive markets for clean energy technologies;
(C)the availability of trained personnel to
deploy and maintain clean energy technology; and
(D)demonstration and cost-buydown mechanisms
to promote first adoption of clean energy technology;
(5)establish priorities for promoting the
diffusion and adoption of clean energy technologies and strategies in
developing countries, taking into account economic and security interests of
the United States and opportunities for the export of technology of the United
States;
(6)identify the means of integrating the
priorities established under paragraph (5) into bilateral, multilateral, and
assistance activities and commitments of the United States;
(7)establish methodologies for the
measurement, monitoring, verification, and reporting under section 2135(b)(2)
of the greenhouse gas emission impacts of clean energy projects and policies in
developing countries;
(8)establish a registry that is accessible to
the public through electronic means (including through the Internet) in which
information reported under section 2135(b)(2) shall be collected;
(9)make recommendations to the heads of
appropriate Federal agencies on ways to streamline Federal programs and
policies to improve the role of the agencies in the international development,
demonstration, and deployment of clean energy technology;
(10)make assessments and recommendations
regarding the distinct technological, market, regional, and stakeholder
challenges necessary to deploy clean energy technology;
(11)recommend conditions and criteria that will
help ensure that funds provided by the United States promote sound energy
policies in developing countries while simultaneously opening their markets and
exporting clean energy technology of the United States;
(12)establish an advisory committee, composed
of representatives of the private sector and other interested groups, on the
export and deployment of clean energy technology;
(13)establish a coordinated mechanism for
disseminating information to the private sector and the public on clean energy
technologies and clean energy technology transfer opportunities; and
(14)monitor the progress of each Federal agency
in promoting the purposes of this subtitle, in accordance with—
(A)the Five-Year Strategic Plan of the Clean
Energy Technology Exports Initiative submitted to Congress in October 2002;
and
(B)other applicable law.
2138.Authorization of
appropriations
(a)There is authorized to
be appropriated for the Interagency Center $3,000,000 for each of fiscal years
2008 through 2020.
(b)International
clean energy deployment and global energy markets investmentThere is authorized to be appropriated, in
addition to the amounts authorized under subsection (a), $20,000,000 for each
of fiscal years 2008 through 2020 to carry out activities under this
subtitle.
.