I 111th CONGRESS 2d Session H. R. 4907 IN THE HOUSE OF REPRESENTATIVES March 22, 2010 Mr. Carnahan (for himself, Mr. Tonko, and Ms. Giffords) introduced the following bill; which was referred to the Committee on Science and Technology A BILL To establish Energy Innovation Hubs, and for other purposes.

1.

Short title

This Act may be cited as the Energy Innovation Hubs Authorization Act of 2010.

2.

Energy Innovation Hubs

(a)

Establishment of program

(1)

In general

The Secretary of Energy shall carry out a program to enhance the Nation’s economic, environmental, and energy security by making grants to consortia for establishing and operating Energy Innovation Hubs to conduct and support, whenever practicable at one centralized location, multidisciplinary, collaborative research, development, demonstration, and commercial application of advanced energy technologies in areas not being served by the private sector. (2)

Technology development focus

The Secretary shall designate for each Hub a unique advanced energy technology development focus. (3)

Coordination

The Secretary shall ensure the coordination of, and avoid unnecessary duplication of, the activities of Hubs with those of other Department of Energy research entities, including the National Laboratories, the Advanced Research Projects Agency—Energy, and Energy Frontier Research Centers, and within industry. Such coordination shall include convening and consulting with representatives of staff of the Department of Energy, representatives from Hubs and the qualifying entities that are members of the consortia operating the Hubs, and representatives of such other entities as the Secretary considers appropriate, to share research results, program plans, and opportunities for collaboration. (4)

Administration

The Secretary shall administer this section with respect to each Hub through the Department program office appropriate to administer the subject matter of the technology development focus assigned under paragraph (2) for the Hub. (b)

Consortia

(1)

Eligibility

To be eligible to receive a grant under this section for the establishment and operation of a Hub, a consortium shall— (A)be composed of no fewer than 2 qualifying entities; (B)operate subject to a binding agreement entered into by its members that documents— (i)the proposed partnership agreement, including the governance and management structure of the Hub; (ii)measures to enable cost-effective implementation of the program under this section; (iii)a proposed budget, including financial contributions from non-Federal sources; (iv)conflict of interest procedures consistent with subsection (d)(3), all known material conflicts of interest, and corresponding mitigation plans; (v)an accounting structure that enables the Secretary to ensure that the consortium has complied with the requirements of this section; and (vi)an external advisory committee consistent with subsection (d)(2); and (C)operate as a nonprofit organization. (2)

Application

A consortium seeking to establish and operate a Hub under this section, acting through a prime applicant, shall transmit to the Secretary an application at such time, in such form, and accompanied by such information as the Secretary shall require, including a detailed description of the elements of the consortium agreement required under paragraph (1)(B). (c)

Selection and schedule

The Secretary shall select consortia for grants for the establishment and operation of Hubs through competitive selection processes. Grants made to a Hub shall be for a period not to exceed 5 years, after which the grant may be renewed, subject to a competitive selection process. (d)

Hub operations

(1)

In general

Hubs shall conduct or provide for multidisciplinary, collaborative research, development, demonstration, and commercial application of advanced energy technologies within the technology development focus designated for the Hub by the Secretary under subsection (a)(2). Each Hub shall— (A)encourage collaboration and communication among the member qualifying entities of the consortium and awardees by conducting activities whenever practicable at one centralized location; (B)develop and publish on the Department of Energy’s website proposed plans and programs; (C)submit an annual report to the Secretary summarizing the Hub’s activities, including detailing organizational expenditures, listing external advisory committee members, and describing each project undertaken by the Hub; and (D)monitor project implementation and coordination. (2)

External advisory committee

Each Hub shall establish an external advisory committee, the membership of which shall have sufficient expertise to advise and provide guidance on scientific, technical, industry, financial, and research management matters. (3)

Conflicts of interest

(A)

Procedures

Hubs shall establish conflict of interest procedures, consistent with those of the Department of Energy, to ensure that employees and consortia designees for Hub activities who are in decisionmaking capacities disclose all material conflicts of interest, including financial, organizational, and personal conflicts of interest. (B)

Disqualification and revocation

The Secretary may disqualify an application or revoke funds distributed to a Hub if the Secretary discovers a failure to comply with conflict of interest procedures established under subparagraph (A). (e)

Prohibition on construction

No funds provided pursuant to this section may be used for construction of new buildings or facilities for Hubs. Construction of new buildings or facilities shall not be considered as part of the non-Federal share of a Hub cost-sharing agreement. (f)

Oversight board

The Secretary shall establish and maintain within the Department an Oversight Board to oversee the progress of Hubs. (g)

Definitions

For purposes of this section: (1)

Advanced energy technology

The term advanced energy technology means an innovative technology— (A)that produces energy from solar, wind, geothermal, biomass, tidal, wave, ocean, or other renewable energy resources; (B)that produces nuclear energy; (C)for carbon capture and sequestration; or (D)that generates, transmits, distributes, utilizes, or stores energy more efficiently than conventional technologies. (2)

Hub

The term Hub means an Energy Innovation Hub established in accordance with this section. (3)

Institution of higher education

The term institution of higher education has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4)

Qualifying entity

The term qualifying entity means— (A)an institution of higher education; (B)an appropriate State or Federal entity; (C)a nongovernmental organization with expertise in advanced energy technology research, development, demonstration, or commercial application; or (D)any other relevant entity the Secretary considers appropriate. (5)

Secretary

The term Secretary means the Secretary of Energy. (h)

Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out this section— (1)$110,000,000 for fiscal year 2011; (2)$135,000,000 for fiscal year 2012; (3)$195,000,000 for fiscal year 2013; (4)$210,000,000 for fiscal year 2014; and (5)$210,000,000 for fiscal year 2015.