[House Report 110-38]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-38
======================================================================
ENERGY TECHNOLOGY TRANSFER ACT
_______
March 8, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Gordon of Tennessee, from the Committee on Science and Technology,
submitted the following
R E P O R T
[To accompany H.R. 85]
[Including cost estimate of the Congressional Budget Office]
The Committee on Science and Technology, to whom was referred
the bill (H.R. 85) to provide for the establishment of centers
to encourage demonstration and commercial application of
advanced energy methods and technologies, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
CONTENTS
Page
I. Amendment.......................................................2
II. Purpose of the Bill.............................................3
III. Background and Need for the Legislation.........................3
IV. Hearing Summary.................................................4
V. Committee Actions...............................................4
VI. Summary of Major Provisions of the Bill.........................4
VII. Section-by-Section Analysis.....................................4
VIII. Committee Views.................................................5
IX. Congressional Budget Office Cost Estimate.......................6
X. Compliance with Public Law 104-4................................6
XI. Committee Oversight Findings and Recommendations................6
XII. Statement on General Performance Goals and Objectives...........6
XIII. Constitutional Authority Statement..............................6
XIV. Federal Advisory Committee Statement............................6
XV. Congressional Accountability Act................................6
XVI. Statement on Preemption of State, Local, or Tribal Law..........6
XVII. Earmark Identification..........................................6
XVIII.Changes in Existing Law Made by the Bill, as Reported...........6
XIX. Committee Recommendations......................................10
XX. Proceedings of the Full Committee Markup.......................10
I. 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 ``Energy Technology Transfer Act''.
SEC. 2. ENERGY TECHNOLOGY TRANSFER.
Section 917 of the Energy Policy Act of 2005 (42 U.S.C. 16197) is
amended to read as follows:
``SEC. 917. ADVANCED ENERGY TECHNOLOGY TRANSFER CENTERS.
``(a) Grants.--Not later than 18 months after the date of enactment
of the Energy Technology Transfer Act, the Secretary shall make grants
to nonprofit institutions, State and local governments, cooperative
extension services, or institutions of higher education (or consortia
thereof), to establish a geographically dispersed network of Advanced
Energy Technology Transfer Centers, to be located in areas the
Secretary determines have the greatest need of the services of such
Centers. In making awards under this section, the Secretary shall--
``(1) give priority to applicants already operating or
partnered with an outreach program capable of transferring
knowledge and information about advanced energy efficiency
methods and technologies;
``(2) ensure that, to the extent practicable, the program
enables the transfer of knowledge and information--
``(A) about a variety of technologies and
``(B) in a variety of geographic areas;
``(3) give preference to applicants that would significantly
expand on or fill a gap in existing programs in a geographical
region; and
``(4) consider the special needs and opportunities for
increased energy efficiency for manufactured and site-built
housing, including construction, renovation, and retrofit.
``(b) Activities.--Each Center shall operate a program to encourage
demonstration and commercial application of advanced energy methods and
technologies through education and outreach to building and industrial
professionals, and to other individuals and organizations with an
interest in efficient energy use. Funds awarded under this section may
be used for the following activities:
``(1) Developing and distributing informational materials on
technologies that could use energy more efficiently.
``(2) Carrying out demonstrations of advanced energy methods
and technologies.
``(3) Developing and conducting seminars, workshops, long-
distance learning sessions, and other activities to aid in the
dissemination of knowledge and information on technologies that
could use energy more efficiently.
``(4) Providing or coordinating onsite energy evaluations,
including instruction on the commissioning of building heating
and cooling systems, for a wide range of energy end-users.
``(5) Examining the energy efficiency needs of energy end-
users to develop recommended research projects for the
Department.
``(6) Hiring experts in energy efficient technologies to
carry out activities described in paragraphs (1) through (5).
``(c) Application.--A person seeking a grant under this section shall
submit to the Secretary an application in such form and containing such
information as the Secretary may require. The Secretary may award a
grant under this section to an entity already in existence if the
entity is otherwise eligible under this section. The application shall
include, at a minimum--
``(1) a description of the applicant's outreach program, and
the geographic region it would serve, and of why the program
would be capable of transferring knowledge and information
about advanced energy technologies that increase efficiency of
energy use;
``(2) a description of the activities the applicant would
carry out, of the technologies that would be transferred, and
of any other organizations that will help facilitate a regional
approach to carrying out those activities;
``(3) a description of how the proposed activities would be
appropriate to the specific energy needs of the geographic
region to be served;
``(4) an estimate of the number and types of energy end-users
expected to be reached through such activities; and
``(5) a description of how the applicant will assess the
success of the program.
``(d) Selection Criteria.--The Secretary shall award grants under
this section on the basis of the following criteria, at a minimum:
``(1) The ability of the applicant to carry out the proposed
activities.
``(2) The extent to which the applicant will coordinate the
activities of the Center with other entities as appropriate,
such as State and local governments, utilities, institutions of
higher education, and National Laboratories.
``(3) The appropriateness of the applicant's outreach program
for carrying out the program described in this section.
``(4) The likelihood that proposed activities could be
expanded or used as a model for other areas.
``(e) Cost-Sharing.--In carrying out this section, the Secretary
shall require cost-sharing in accordance with the requirements of
section 988 for commercial application activities.
``(f) Duration.--
``(1) Initial grant period.--A grant awarded under this
section shall be for a period of 5 years.
``(2) Initial evaluation.--Each grantee under this section
shall be evaluated during its third year of operation under
procedures established by the Secretary to determine if the
grantee is accomplishing the purposes of this section described
in subsection (a). The Secretary shall terminate any grant that
does not receive a positive evaluation. If an evaluation is
positive, the Secretary may extend the grant for 3 additional
years beyond the original term of the grant.
``(3) Additional extension.--If a grantee receives an
extension under paragraph (2), the grantee shall be evaluated
again during the second year of the extension. The Secretary
shall terminate any grant that does not receive a positive
evaluation. If an evaluation is positive, the Secretary may
extend the grant for a final additional period of 3 additional
years beyond the original extension.
``(4) Limitation.--No grantee may receive more than 11 years
of support under this section without reapplying for support
and competing against all other applicants seeking a grant at
that time.
``(g) Prohibition.--None of the funds awarded under this section may
be used for the construction of facilities.
``(h) Definitions.--For purposes of this section:
``(1) Advanced energy methods and technologies.--The term
`advanced energy methods and technologies' means all methods
and technologies that promote energy efficiency and
conservation, including distributed generation technologies,
and life-cycle analysis of energy use.
``(2) Center.--The term `Center' means an Advanced Energy
Technology Transfer Center established pursuant to this
section.
``(3) Distributed generation.--The term `distributed
generation' means an electric power generation technology,
including photovoltaic, small wind, and micro-combined heat and
power, that serves electric consumers at or near the site of
production.
``(4) Cooperative extension.--The term `Cooperative
Extension' means the extension services established at the
land-grant colleges and universities under the Smith-Lever Act
of May 8, 1914.
``(5) Land-grant colleges and universities.--The term `land-
grant colleges and universities' means--
``(A) 1862 Institutions (as defined in section 2 of
the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601));
``(B) 1890 Institutions (as defined in section 2 of
that Act); and
``(C) 1994 Institutions (as defined in section 2 of
that Act).
``(i) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated in section 911, there are
authorized to be appropriated for the program under this section such
sums as may be appropriated.''.
II. Purpose of the Bill
The purpose of the bill is to recast Section 917 of the Energy
Policy Act of 2005 to provide more specificity and other improvements
to the Advanced Energy Technology Transfer Center Program that was
created by that Act.
III. Background and Need for the Legislation
Affordable energy is essential to the Nation's continued
prosperity. Volatile world oil markets, along with soaring natural gas
and electricity prices, have replaced the relatively low energy prices
enjoyed over most of the two decades before the turn of the century.
Recent events have illustrated the important connections between energy
policy and national security policy. In addition, there are increasing
concerns about the environmental impact of energy use. Consequently,
conservation of energy and renewable energy are once again on the
forefront of the Nation's agenda.
According to Department of Energy (DOE) 2003 statistics, buildings
consume more energy than any other sector of the economy, including
industrial processes and transportation. Buildings consume 39 percent
of primary energy in the United States and 70 percent of electricity.
Innovations in energy-efficient building technologies, materials,
techniques and systems combined with advances in photovoltaic and other
distributed clean energy technologies have the potential to
dramatically transform the pattern of energy consumption associated
with buildings. These technologies--coupled with a whole building
approach that optimizes the interactions among building systems and
components--enable buildings to use considerably less energy, while
also helping to meet national goals for sustainable development,
environmental protection, and energy security.
During the first session of the 109th Congress, the Committee on
Science reported energy research, development, and demonstration (RD&D)
legislation that authorized programs enacted as part of the Energy
Policy Act of 2005 (EPACT) (P.L. 109-58). One of these programs,
enacted as Section 917 of EPACT, established an Advanced Energy
Technology Transfer Center program to improve the flow of state-of-the-
art information on energy use and conservation in buildings to the
building sector. During the second session of the 109th Congress,
Section 13 of the bill H.R. 5656 was a rewrite of Section 917, adding
detail to the bill's sections on priorities, uses of grants, contents
of applications, and selection criteria. It also added provisions on
duration, evaluation, and renewal of grants, prohibits the use of grant
funds for construction of facilities, and removes the advisory
committee provisions of the original Section 917. This bill continues
the effort to update this program, making minor improvements to Section
13 of H.R. 5656.
IV. Hearing Summary
During the 109th Congress, the House Committee on Science held the
following hearings relevant to H.R. 5656:
On February 15, 2006, the Committee on Science held a hearing on
``An Overview of the Federal R&D Budget for Fiscal Year 2007.''
Appearing as witnesses were (1) Dr. John H. Marburger III, Director,
Office of Science and Technology Policy; (2) Dr. Samuel W. Bodman,
Secretary, Department of Energy (DOE); (3) Dr. David A. Sampson, Deputy
Secretary, Department of Commerce; (4) Dr. Arden Bement, Director,
National Science Foundation; and (5) Dr. Charles E. McQueary, Under
Secretary for Science and Technology, Department of Homeland Security.
On April 27, 2005, the Subcommittee on Energy held a hearing on
``Priorities in the Department of Energy Budget for Fiscal Year 2006.''
Appearing as witnesses were (1) Dr. Raymond Orbach, Director of the
Office of Science, DOE; (2) Mr. Douglas Faulkner, Principal Deputy
Assistant Secretary for Energy Efficiency and Renewable Energy, DOE;
(3) Mr. Mark Maddox, Principal Deputy Assistant Secretary for Fossil
Energy, DOE; (4) Mr. Robert Shane Johnson, Deputy Director for
Technology in the Office of Nuclear Energy, Science and Technology,
DOE; and (5) Mr. Kevin Kolevar, Director Office of Electricity Delivery
and Energy Reliability, DOE.
V. Committee Actions
On January 4, 2007, H.R. 85, a bill to provide for the
establishment of centers to encourage demonstration and commercial
application of advanced energy methods and technologies, was introduced
by Congresswoman Biggert and referred to the Committee on Science and
Technology. The bill was held at the Full Committee. On February 28,
2007, the Committee met to consider H.R. 85 and ordered the bill
reported after adopting an amendment in the nature of the substitute.
H.R. 85 is substantially the same as Section 13 of H.R. 5656 from the
109th Congress which was introduced by Congresswoman Biggert and seven
cosponsors and reported by the Committee on Science on July 28, 2006
(H. Rept. 109-611).
VI. Summary of Major Provisions of the Bill
The bill amends the Section 917 of the Energy Policy Act of 2005
(42 U.S.C. 16197). It requires the establishment of Advanced Energy
Technology Transfer Centers, authorizes funding for them, and
establishes their scope of work including grant criteria and selection
criteria.
VII. Section-by-Section Analysis
Section 1. Short Title.
Permits the bill to be cited as the ``Energy Technology Transfer
Act''.
Section 2. Energy Technology Transfer. This section is a complete
substitute for Section 917 of the Energy Policy Act.
Subsection (a) of the new Section 917 requires that the grant
program established under this section as amended make its first awards
within 18 months of the date of enactment. The grants are to be made to
nonprofit institutions, State and local governments, cooperative
extension services, universities, or consortia of universities. The
goal is to establish a geographically dispersed network of Advanced
Energy Technology Centers, to be located where the Secretary of Energy
determines there is the greatest need. The Secretary is to give
priority to applicants already operating or partnered with an outreach
program capable of transferring knowledge and information about
advanced energy efficiency technology, to ensure that the program
enables the transfer of knowledge about a variety of technologies in a
variety of geographical areas, and to give preference to applicants
that would significantly expand or fill a gap in existing energy
technology transfer programs. The Secretary shall also consider the
special needs and opportunities for increased energy efficiency for
manufactured and site-built housing including construction, renovation,
and retrofit.
Subsection (b) of the new Section 917 provides details about the
activities the Centers are to carry out. They are to encourage
demonstration and commercial application of advanced energy methods and
technology through education and outreach to building and industrial
professionals and other individuals as appropriate. Permissible
activities under this subsection include developing and distributing
materials on energy conservation technologies, carrying out
demonstrations, developing and conducting seminars and other learning
activities, providing onsite energy evaluations, examining energy
efficiency needs of energy end-users to develop research projects for
the Department of Energy, and hiring experts to carry out these
activities.
Subsection (c) provides information on the application process. The
Department is free to design the application and ask for whatever
information it finds to be necessary. Applicants are to describe their
outreach programs, geographical areas of service, their technology
transfer capabilities, the activities they plan to carry out, why these
activities fit their regions, the number and types of energy users they
expect to reach, and how they will assess success of the program.
Subsection (d) sets out selection criteria. These include the
ability of the applicant to carry out the activities it proposes, the
extent to which the applicant will coordinate the activities with other
entities, and the likelihood that the proposed activities can be
expanded or used as a model for other areas.
Subsection (e) explains that the EPACT cost-sharing requirements
apply to this program.
Subsection (f) provides that grants shall be awarded for five
years. In the third year of operation the grantees are to be evaluated
by the Department of Energy. If the evaluation is unsatisfactory, the
grant is to be terminated. If the evaluation is positive, the grant may
be extended for an additional three years and if a later evaluation is
positive, the grant may be extended for a final three years.
Subsection (g) forbids the use of funds under this section for
construction of facilities.
Subsection (h) defines the terms Advanced Energy Methods and
Technologies, Center, Distributed Generation, Cooperative Extension,
and Land-Grant Colleges and Universities.
Subsection (i) authorizes such sums as may be appropriated to carry
out Section 917.
VIII. Committee Views
The Committee is concerned that the Federal government does not
sufficiently assist in helping to transfer and provide education on
energy efficiency and distributed clean energy technologies, developed
by DOE and at the National Laboratories, to energy end-users. This
section is not intended to create a new entity or bureaucracy within
DOE but to encourage DOE to partner with existing community outreach
networks, including, but not limited to, cooperative extension services
and State Energy Offices that have a history of transferring knowledge
and technologies through educational activities, to achieve the
aforementioned objective. The Committee intends that DOE not fund the
creation of entirely new outreach networks under this Act, although the
Committee does recognize that existing networks may need to be expanded
to bring in appropriate energy expertise and partners. Grantees are
encouraged, for example, to work with, and through, utilities to carry
out informational activities for energy end-users.
With respect to new subsection 917(g), the Committee intends that
the construction prohibition apply only to the construction of
buildings for the purpose of housing the Centers. Nothing in this
subsection should be construed to prohibit leasing of facilities for
Centers, nor the interior build-out, renovation, or adaptation of
leased space to meet the needs of a Center. For example, the Committee
intends that it would be permissible to build a wall for an educational
exhibit showing high energy efficiency windows.
IX. Congressional Budget Office Cost Estimate
H.R 85--Energy Technology Transfer Act
H.R. 85 would amend a provision of the Energy Policy Act of 2005
that authorizes the Department of Energy (DOE) to provide grants to
state and local governments, nonprofit organizations, and institutions
of higher learning for purposes of educating the public on energy-
efficient technologies. H.R. 85 would make changes to that provision,
particularly to specify additional criteria for DOE to consider in
awarding such grants and to establish new requirements for recipients
of those grants.
Based on information from DOE, CBO estimates that implementing H.R.
85 would not significantly affect the federal budget. We expect that
any change in the amount of grants awarded under the bill or the
agency's costs to administer them would not exceed $500,000 annually,
assuming the availability of appropriated funds. Enacting H.R. 85 would
not affect direct spending or revenues.
H.R. 85 contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and would impose no costs
on state, local, or tribal governments.
The CBO staff contact for this estimate is Megan Carroll. This
estimate was approved by Robert A. Sunshine, Assistant Director for
Budget Analysis.
X. Compliance With Public Law 104-4
H.R. 85 contains no unfunded mandates.
XI. Committee Oversight Findings and Recommendations
The Committee on Science and Technology's oversight findings and
recommendations are reflected in the body of this report.
XII. Statement on General Performance Goals and Objectives
Pursuant to clause (3)(c) of House rule XIII, the goal of H.R. 85
is improve Section 917 of the Energy Policy Act of 2005 which
authorized the establishment of a geographically dispersed network of
Advanced Energy Technology Centers.
XIII. Constitutional Authority Statement
Article I, section 8 of the Constitution of the United States
grants Congress the authority to enact H.R. 85.
XIV. Federal Advisory Committee Statement
H.R. 85 does not establish nor authorize the establishment of any
advisory committee.
XV. Congressional Accountability Act
The Committee finds that H.R. 85 does not relate to the terms and
conditions of employment or access to public services or accommodations
within the meaning of section 102(b)(3) of the Congressional
Accountability Act (Public Law 104-1).
XVI. Statement on Preemption of State, Local, or Tribal Law
This bill is not intended to preempt any state, local, or tribal
law.
XVII. Earmark Identification
H.R. 85 does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clause 9(d), 9(e),
or 9(f) of Rule XXI.
XVIII. Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of the House
of Representatives, changes in existing law made by the bill, 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):
SECTION 917 OF THE ENERGY POLICY ACT OF 2005
[SEC. 917. ADVANCED ENERGY EFFICIENCY TECHNOLOGY TRANSFER CENTERS.
[(a) Grants.--Not later than 18 months after the date of enactment of
this Act, the Secretary shall make grants to nonprofit institutions,
State and local governments, or universities (or consortia thereof), to
establish a geographically dispersed network of Advanced Energy
Efficiency Technology Transfer Centers, to be located in areas the
Secretary determines have the greatest need of the services of such
Centers. In establishing the network, the Secretary shall consider the
special needs and opportunities for increased energy efficiency for
manufactured and site-built housing.
[(b) Activities.--
[(1) In general.--Each Center shall operate a program to
encourage demonstration and commercial application of advanced
energy methods and technologies through education and outreach
to building and industrial professionals, and to other
individuals and organizations with an interest in efficient
energy use.
[(2) Advisory panel.--Each Center shall establish an advisory
panel to advise the Center on how best to accomplish the
activities under paragraph (1).
[(c) Application.--A person seeking a grant under this section shall
submit to the Secretary an application in such form and containing such
information as the Secretary may require. The Secretary may award a
grant under this section to an entity already in existence if the
entity is otherwise eligible under this section.
[(d) Selection Criteria.--The Secretary shall award grants under this
section on the basis of the following criteria, at a minimum:
[(1) The ability of the applicant to carry out the activities
described in subsection (b)(1).
[(2) The extent to which the applicant will coordinate the
activities of the Center with other entities, such as State and
local governments, utilities, and educational and research
institutions.
[(e) Cost-Sharing.--In carrying out this section, the Secretary shall
require cost-sharing in accordance with the requirements of section 988
for commercial application activities.
[(f) Advisory Committee.--The Secretary shall establish an advisory
committee to advise the Secretary on the establishment of Centers under
this section. The advisory committee shall be composed of individuals
with expertise in the area of advanced energy methods and technologies,
including at least one representative from--
[(1) State or local energy offices;
[(2) energy professionals;
[(3) trade or professional associations;
[(4) architects, engineers, or construction professionals;
[(5) manufacturers;
[(6) the research community; and
[(7) nonprofit energy or environmental organizations.
[(g) Definitions.--For purposes of this section:
[(1) Advanced energy methods and technologies.--The term
``advanced energy methods and technologies'' means all methods
and technologies that promote energy efficiency and
conservation, including distributed generation technologies,
and life-cycle analysis of energy use.
[(2) Center.--The term ``Center'' means an Advanced Energy
Technology Transfer Center established pursuant to this
section.
[(3) Distributed generation.--The term ``distributed
generation'' means an electric power generation facility that
is designed to serve retail electric consumers at or near the
facility site.
[(h) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated in section 911, there are
authorized to be appropriated for the program under this section such
sums as may be appropriated.]
SEC. 917. ADVANCED ENERGY TECHNOLOGY TRANSFER CENTERS.
(a) Grants.--Not later than 18 months after the date of
enactment of the Energy Technology Transfer Act, the Secretary
shall make grants to nonprofit institutions, State and local
governments, cooperative extension services, or institutions of
higher education (or consortia thereof), to establish a
geographically dispersed network of Advanced Energy Technology
Transfer Centers, to be located in areas the Secretary
determines have the greatest need of the services of such
Centers. In making awards under this section, the Secretary
shall--
(1) give priority to applicants already operating or
partnered with an outreach program capable of
transferring knowledge and information about advanced
energy efficiency methods and technologies;
(2) ensure that, to the extent practicable, the
program enables the transfer of knowledge and
information--
(A) about a variety of technologies and
(B) in a variety of geographic areas;
(3) give preference to applicants that would
significantly expand on or fill a gap in existing
programs in a geographical region; and
(4) consider the special needs and opportunities for
increased energy efficiency for manufactured and site-
built housing, including construction, renovation, and
retrofit.
(b) Activities.--Each Center shall operate a program to
encourage demonstration and commercial application of advanced
energy methods and technologies through education and outreach
to building and industrial professionals, and to other
individuals and organizations with an interest in efficient
energy use. Funds awarded under this section may be used for
the following activities:
(1) Developing and distributing informational
materials on technologies that could use energy more
efficiently.
(2) Carrying out demonstrations of advanced energy
methods and technologies.
(3) Developing and conducting seminars, workshops,
long-distance learning sessions, and other activities
to aid in the dissemination of knowledge and
information on technologies that could use energy more
efficiently.
(4) Providing or coordinating onsite energy
evaluations, including instruction on the commissioning
of building heating and cooling systems, for a wide
range of energy end-users.
(5) Examining the energy efficiency needs of energy
end-users to develop recommended research projects for
the Department.
(6) Hiring experts in energy efficient technologies
to carry out activities described in paragraphs (1)
through (5).
(c) Application.--A person seeking a grant under this section
shall submit to the Secretary an application in such form and
containing such information as the Secretary may require. The
Secretary may award a grant under this section to an entity
already in existence if the entity is otherwise eligible under
this section. The application shall include, at a minimum--
(1) a description of the applicant's outreach
program, and the geographic region it would serve, and
of why the program would be capable of transferring
knowledge and information about advanced energy
technologies that increase efficiency of energy use;
(2) a description of the activities the applicant
would carry out, of the technologies that would be
transferred, and of any other organizations that will
help facilitate a regional approach to carrying out
those activities;
(3) a description of how the proposed activities
would be appropriate to the specific energy needs of
the geographic region to be served;
(4) an estimate of the number and types of energy
end-users expected to be reached through such
activities; and
(5) a description of how the applicant will assess
the success of the program.
(d) Selection Criteria.--The Secretary shall award grants
under this section on the basis of the following criteria, at a
minimum:
(1) The ability of the applicant to carry out the
proposed activities.
(2) The extent to which the applicant will coordinate
the activities of the Center with other entities as
appropriate, such as State and local governments,
utilities, institutions of higher education, and
National Laboratories.
(3) The appropriateness of the applicant's outreach
program for carrying out the program described in this
section.
(4) The likelihood that proposed activities could be
expanded or used as a model for other areas.
(e) Cost-sharing.--In carrying out this section, the
Secretary shall require cost-sharing in accordance with the
requirements of section 988 for commercial application
activities.
(f) Duration.--
(1) Initial grant period.--A grant awarded under this
section shall be for a period of 5 years.
(2) Initial evaluation.--Each grantee under this
section shall be evaluated during its third year of
operation under procedures established by the Secretary
to determine if the grantee is accomplishing the
purposes of this section described in subsection (a).
The Secretary shall terminate any grant that does not
receive a positive evaluation. If an evaluation is
positive, the Secretary may extend the grant for 3
additional years beyond the original term of the grant.
(3) Additional extension.--If a grantee receives an
extension under paragraph (2), the grantee shall be
evaluated again during the second year of the
extension. The Secretary shall terminate any grant that
does not receive a positive evaluation. If an
evaluation is positive, the Secretary may extend the
grant for a final additional period of 3 additional
years beyond the original extension.
(4) Limitation.--No grantee may receive more than 11
years of support under this section without reapplying
for support and competing against all other applicants
seeking a grant at that time.
(g) Prohibition.--None of the funds awarded under this
section may be used for the construction of facilities.
(h) Definitions.--For purposes of this section:
(1) Advanced energy methods and technologies.--The
term ``advanced energy methods and technologies'' means
all methods and technologies that promote energy
efficiency and conservation, including distributed
generation technologies, and life-cycle analysis of
energy use.
(2) Center.--The term ``Center'' means an Advanced
Energy Technology Transfer Center established pursuant
to this section.
(3) Distributed generation.--The term ``distributed
generation'' means an electric power generation
technology, including photovoltaic, small wind, and
micro-combined heat and power, that serves electric
consumers at or near the site of production.
(4) Cooperative extension.--The term ``Cooperative
Extension'' means the extension services established at
the land-grant colleges and universities under the
Smith-Lever Act of May 8, 1914.
(5) Land-grant colleges and universities.--The term
``land-grant colleges and universities'' means--
(A) 1862 Institutions (as defined in section
2 of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7601));
(B) 1890 Institutions (as defined in section
2 of that Act); and
(C) 1994 Institutions (as defined in section
2 of that Act).
(i) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated in section 911, there
are authorized to be appropriated for the program under this
section such sums as may be appropriated.
XIX. Committee Recommendations
On February 28, 2007, the Committee on Science and
Technology reported H.R. 85, to provide for the establishment
of centers to encourage demonstration and commercial
application of advanced energy methods and technologies, by a
voice vote, and recommended its enactment.
XX. PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 85, ENERGY
TECHNOLOGY TRANSFER ACT
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WEDNESDAY, FEBRUARY 28, 2007
House of Representatives,
Committee on Science and Technology,
Washington, DC.
The Committee met, pursuant to call, at 10:05 a.m., in Room
2318 of the Rayburn House Office Building, Hon. Bart Gordon
[Chairman of the Committee] presiding.
Chairman Gordon. Good morning. The Committee on Science and
Technology will come to order. Pursuant to notice, the
Committee on Science and Technology meets to consider the
following measures: H.R. 363, Sowing the Seeds Through Science
and Engineering Research Act; H.R. 1068, To amend the High-
Performance Computing Act of 1991; H.R. 1126, To reauthorize
the Steel and Aluminum Energy Conservation and Technology
Competitiveness Act of 1988; and H.R. 85, the Energy Technology
Transfer.
Today, we are here to mark up these four bipartisan bills.
They are all good bills and I am happy to support them all. I
want to note that all of these bills have extensive legislative
histories in prior Congress. It is not my intention for this
committee to regularly markup legislation that has not gone
through the Subcommittee hearing process; however, as I noted
before, these bills were fully vetted in the last Congress and
they are ready to go.
I have said it before and I will say it again. I want this
committee to be a Committee of good ideas. Here, we have four
good ideas and I hope four bills everybody on this committee
can get behind and support.
Now I recognize Mr. Hall to present his opening remarks.
Mr. Hall. Mr. Chairman, I thank you for calling the markup
today. We have before us today, as you say, four bills that
were passed by this Committee in the 109th Congress, and I look
forward to their easy passage again today. The continued
bipartisan support for these bills reflects their broad appeal
and the fact that they are good bills and they are good for
this country.
The National Academy of Science's Rising Above the
Gathering Storm and the President's American Competitiveness
Initiative have emphasized the importance of supporting high-
risk research, young researchers, and research infrastructure
in the U.S. to ensure that the next generation of high tech
industries and products are developed in the United States.
H.R. 363 is a step in the right direction. I thank the
Chairman for his willingness to work with us on improving this
legislation, and recommend a yes vote for the manager's
amendment and for the underlying measure.
As the Chairman has already mentioned, Mrs. Biggert has
been instrumental in getting a high-performance computing bill
through the Committee and the full House, for that matter, in
two previous Congresses, and I certainly applaud her and Mr.
Baird for their persistence. I recommend a yes vote on H.R.
1068 and trust the Senate will follow suit when it is sent to
them once again.
I am happy to see Mr. Lipinski and Mr. Ehlers continuing
former Representative Hart's lead in their continuing effort to
reauthorize the Steel and Aluminum Energy Conservation and
Technology Competitiveness Act of 1988. This is another bill
that has been passed twice by our committee in the full House,
and I also recommend a yes vote for H.R. 1126.
I would also recommend a yes vote for Representative
Biggert and Representative Miller's bill, H.R. 85, that will
provide for the establishment of centers to encourage
demonstration and commercial applications of advanced energy
methods and technology. As I understand, they will be offering
an amendment in the nature of a substitute that makes technical
corrections, which I support as well.
Mr. Chairman, I look forward to these bills moving to the
Floor. With that, I yield back the balance of my time.
[The prepared statement of Mr. Hall follows:]
Prepared Statement of Representative Ralph M. Hall
Mr. Chairman, thank you for calling this markup today. We have
before us today four bills that were passed by this committee in the
109th Congress, and I look forward to their easy passage again today.
The continued bipartisan support for these bills reflects their broad
appeal and the fact that they are good bills that are good for the
country.
The National Academy of Science's Rising above the Gathering Storm
and the President's American Competitiveness Initiative (ACI) have
emphasized the importance of supporting high-risk research, young
researchers, and research infrastructure in the United States to ensure
that the next generation of high-tech industries and products are
developed in the United States. H.R. 363 is a step in the right
direction. This bill authorizes programs at the National Science
Foundation (NSF) and the Department of Energy (DOE) Office of Science
to provide grants to researchers just starting their careers to conduct
high-risk, high-return research at the cutting edge of new scientific
fields. In addition, it requires NIST to report to us on their efforts
to recruit and retain young scientists and engineers, and it includes
our recognition that NASA should be at the table for any interagency
efforts to promote innovation and economic competitiveness. I thank the
Chairman for his willingness to work with us on improving this
legislation and recommend a ``yes'' vote for the managers' amendment
and for the underlying measure.
As the Chairman has already mentioned, Mrs. Biggert has been
instrumental in getting this bill through the Committee, and the full
House for that matter, in two previous Congresses, and I applaud her
and Mr. Baird for their persistence. I recommend a ``yes'' vote on H.R.
1068 and trust the Senate will follow suit when it is sent to them once
again.
I am happy to see Mr. Lipinski and Mr. Ehlers continuing former
Representative Hart's lead in their continuing effort to reauthorize
the Steel and Aluminum Energy Conservation and Technology
Competitiveness Act of 1988. This is another bill that has been passed
twice by our committee, and the full House and I also recommend a
``yes'' vote for H.R. 1126.
I would also recommend a ``yes'' vote for Rep. Biggert and Rep.
Miller's bill, H.R. 85 that will provide for the establishment of
centers to encourage demonstration and commercial application of
advanced energy methods and technologies. I understand they will be
offering an amendment in the nature of a substitute that makes
technical corrections which I will support as well.
Mr. Chairman, I look forward to these bills moving to the Floor and
being passed. With that I yield back the balance of my time.
Chairman Gordon. Thank you, Mr. Hall.
Without objection, Members may place statements in the
record.
[The prepared statement of Mr. Mitchell follows:]
Prepared Statement of Representative Harry Mitchell
Thank you, Mr. Chairman.
America needs innovators and leaders if it wants to remain
competitive in the global economy. This is especially true when it
comes to science and engineering.
Retaining scientists and engineers, however, is often difficult,
because they receive such low pay early-on in their careers.
If we don't invest early in our future innovators, we will fall
behind.
Spreading technological innovation across existing industry is
another indispensable part of maintaining our competitiveness.
In my view, we should help businesses access both the technology
and the research they need to modernize and improve their efficiency.
Industry standards can also play a role.
Today, we are considering four bills to address these issues and I
look forward to working on them.
I yield back the balance of my time.
Chairman Gordon. We will now consider H.R. 85, the Energy
Technology Transfer Act.
I recognize Ms. Biggert to present any remarks on the bill.
Ms. Biggert. Thank you very much, Mr. Chairman.
This bill should be familiar to many of my colleagues who
have served on this committee in the 109th Congress. To the new
Members of the Committee, you will be interested to know that
this bill was Section 13 of H.R. 5656, which was approved by
voice vote by the Science Committee in June of last year, and
ultimately these provisions were included in a very similar
bill that passed the House by voice vote in September, but
again, was never considered by the Senate.
So what does the bill do? Quite simply, it improves Section
917 of the Energy Policy Act of 2005. As enacted, that section
directed the Department of Energy to create a geographically
dispersed network of energy efficiency technology transfer
centers to transfer and provide education on energy efficiency
and distributed clean energy technologies developed by the DOE
and at the national laboratories to energy and users.
But instead of creating from scratch this network of
centers, H.R. 85 would authorize the DOE to provide grants to
and partner with existing community outreach centers. These
existing networks could include cooperative extension systems
offices, kind of like the agriculture centers do. The state
energy offices, local governments, institutions of higher
education, and nonprofit organizations with expertise on energy
technologies are outreach. The Cooperating Extension Service
and similar community outreach networks have a long and
successful history of transferring knowledge about new
technologies and techniques to farmers and other
constituencies; however, few have the resources to focus on
energy efficiency outside of the agriculture sector. So H.R. 85
would change that and would build on the successful model of
the AG extension service without creating any new entity or
bureaucracy.
But H.R. 85 still demands the same requirements of these
centers. They must be geographically dispersed, they must
coordinate regional research, engineering, and business
expertise, and they must help apply energy technologies and
methods suitable to the local climate. But instead of limiting
these centers to the transfer of energy efficiency
technologies, H.R. 85 would expand the mission to include all
advanced energy technologies.
In addition to requiring grant recipients to demonstrate
results or risk losing their grant, H.R. 85 would require
grantees to provide feedback to DOE on their research needs
related to the production, storage, or use of energy identified
by energy end users. It also would encourage grant recipients
to work with utilities to carry out informational activities
for energy end users.
H.R. 85 prohibits grant recipients from using grant funding
to construct facilities to house the center. It doesn't
authorize any funding that isn't already authorized in EPAC. In
other words, this bill contains no new funding; instead, it
simply gives guidance and direction to the Secretary about how
to bolster the Department's technology transfer capacity.
I want to thank the bill's chief cosponsor, my friend and
colleague from North Carolina, Mr. Miller, for his strong
interest in tech transfer and this legislation in particular.
As we have worked with the majority to improve this
legislation, his input has been invaluable.
I also want to thank Chairman Gordon for his support of
this provision last year, and for recognizing the value of this
legislation and including it in this markup today.
I also want to thank the National Association of State
Universities and Land Grant Colleges, and a long list of its
members for their strong support of this bill.
The Federal Government spends billions of dollars on
energy-related R&D. This bill represents just a small
investment in the tech transfer capabilities we need to help
our universities and labs move advanced energy technologies
from the labs into the market so Americans can enjoy the
tangible benefits of our federal investment in R&D.
I urge my colleagues to support the bill, and again, I
thank Mr. Miller for his input.
I yield back the balance of my time.
[The prepared statement of Ms. Biggert follows:]
Prepared Statement of Representative Judy Biggert
Thank you, Ranking Member Hall, for yielding me time to discuss
H.R. 85, the Energy Technology Transfer Act.
This bill should be familiar to many of my colleagues who served on
this committee in the 109th Congress. To the new Members of the
Committee, you will be interested to know that this bill was Section 13
of H.R. 5656, which was approved by voice vote by the Science Committee
in June of last year. Ultimately, these provisions were included in a
very similar bill that passed the House by voice vote in September, but
was never considered by the Senate.
So, what does this bill do? Quite simply, it improves Section 917
of the Energy Policy Act of 2005. As enacted, Section 917 directed the
Department of Energy to create a geographically disperse network of
energy efficiency technology transfer centers to transfer and provide
education on energy efficiency and distributed clean energy
technologies, developed by DOE and at the National Laboratories, to
energy end-users.
But instead of creating from scratch this network of centers, H.R.
85 would authorize the DOE to provide grants to and partner with
existing community outreach networks. These existing networks could
include Cooperative Extension System offices, State Energy Offices,
local governments, institutions of higher education, and non-profit
organizations with expertise in energy technologies or outreach.
The Cooperative Extension Service and similar community outreach
networks have a long and successful history of transferring knowledge
about new technologies and techniques to farmers and other
constituencies. However, few have the resources to focus on energy
efficiency outside of the agriculture sector. H.R. 85 would change
that, and build on the successful model of the Ag Extension Service
without creating any new entity or bureaucracy.
H.R. 85 still demands the same requirements of these centers:
They must be geographically dispersed;
They must coordinate regional research, engineering
and business expertise; and
They must help apply energy technologies and methods
suitable to the local climate.
But instead of limiting these centers to the transfer of energy
efficiency technologies, H.R. 85 would expand their mission to include
all advanced energy technologies.
In addition to requiring grant recipients to demonstrate results or
risk losing their grant, H.R. 85 would require grantees to provide
feedback to DOE on the research needs--related to the production,
storage, or use of energy--identified by energy end-users. It also
would encourage grant recipients to work with utilities to carry out
informational activities for energy end-users.
H.R. 85 prohibits grant recipients from using grant funding to
construct facilities to house the tech transfer center. It doesn't
authorize any funding that isn't already authorized in EPACT; in other
words, this bill contains no new funding. Instead, it simply gives new
guidance and direction to the Secretary about how to bolster the
Department's technology transfer capacity.
I want to conclude by thanking the bill's chief co-sponsor, my
friend and colleague from North Carolina, Mr. Miller, for his strong
interest in tech transfer and this legislation in particular. As we
have worked with the majority to improve this legislation, his input
has been invaluable. I also want to thank Chairman Gordon for his
support of this provision last year, and for recognizing the value of
this legislation and including it in this markup today. I also want to
thank the National Association of State Universities and Land-Grant
Colleges and a long list of its members for their strong support for
this bill.
The Federal Government spends billions of dollars on energy-related
R&D. This bill represents just a small investment in the tech transfer
capabilities we need to help our universities and labs move advanced
energy technologies from labs into the market so Americans can enjoy
the tangible benefits of our federal investment in R&D.
I urge my colleagues to support the bill, and I yield back the
balance of my time.
Chairman Gordon. I yield myself five minutes to speak on
the bill, and I want to limit myself simply to say thanks to
Ms. Biggert for bringing this good bill before us. I expect it
to be on the Floor very soon. Thanks to Mr. Brad Miller for his
value added.
I yield the balance of my time to Mr. Miller.
Mr. Miller. Thank you, Mr. Chairman, and I want to thank
Ms. Biggert as well. I hope we will continue to play well with
others in this committee as we have on this bill. Ms. Biggert
worked very will with my office and with me in the last
Congress as well when she was in the Majority on this issue, so
it is--I guess it would be easy for her to work well with me
now, but she also worked well with us, with me and with my
office, when they were in the Majority on this.
This proposal of a geographically dispersed network of
advanced energy technology transfer centers, it is kind of a
mouthful to say, but it began its humble existence four years
ago in this committee as an amendment that I introduced to the
Energy Bill that year that never became the Energy Act. But two
years later, Chairman Boehlert, who had accepted the amendment
and supported it, included that amendment, that proposal in the
Energy Bill that year that did become the Energy Act. It is now
917 of that Act.
These are improving changes that Ms. Biggert has brought
forward that would make those proposals, more effective, and
more comprehensive of a program, and we hope we will inspire
the Department of Energy and the appropriators to provide the
funding for this program.
As Ms. Biggert has already said, we have developed many
energy efficient technologies, often with federal funding, the
Department of Education--excuse me, of Energy, that have sat
unused on the shelf, and we do not need state of the shelf
technology. We have immediate energy needs. These proposals
will help get some of those technologies into practical use
right away. I know we need to do a great more deal research,
but the fact is, we are not using the research we have already
done, and we need to do it and we need to do it quickly. It
helps meet our energy needs, it helps address our dependency.
It is the most important thing we can do about climate change
is actually to use less energy through energy efficient
technologies. It does build on the model of cooperative
extension services that have worked very well for a variety--in
a variety of ways, certainly, agriculture extension,
manufacturing extension partnership, et cetera, to work and try
to get these programs into--these technologies into use.
So I want to thank Ms. Biggert. I do support--I am a co-
sponsor of this bill. It does make improving changes. It makes
a good idea better.
Thank you.
Chairman Gordon. Once again, thank you, Mr. Miller, for
your value added here.
Mr. Bilbray is recognized.
Mr. Bilbray. Mr. Chairman, if I can, I would like to start
off and compliment both authors on this bill. Also, I would
like to sort of echo the colleague about the practical use. It
is a critical point. And if I can be sort of the voice in the
wilderness of this committee, that one of the things----
Chairman Gordon. I am sorry, that is reserved for Mr.
Rohrabacher.
Mr. Bilbray. Okay. Well, the other half of the surfing
caucus, I will take up this mantle vice in his absence.
I just ask that we always remember--in the previous bill we
probably should have discussed this, too, that one of the
greatest, if not, barriers to the application of appropriate
technology on environmental stuff lies with the obstructionism
within our own structure and government. I don't know how many
of you know--can realize that to permit so many of these
projects, it takes longer to get through the government
regulatory guidelines than it is to actually build the project
or to even conceive the project.
I will give you an example. When I was in county government
and city government, cogeneration in the late '80s and early
'90s, and I think we all agree, cogeneration is one of the
great breakthroughs we had of why waste the energy just on one
project if you can get two, but the biggest problem you had is
you had--the unified building code didn't know how to handle
it, the air pollution control districts didn't know how to
handle it, and there were so many--so much obstruction that
wasn't meant to be there but is there. Any time you try new
innovative ways of approaching a problem, and as somebody who
comes from that local government background, let me just say we
need to get the Federal Government, the State governments, and
the building inspectors and the local government understanding
that we need to change the reality of today, and that reality
is if something is new, it is not legal until the regulations
are changed to accommodate it. It is the burden of proof.
Unified building code across the board will stop us from using
any new technology until the building inspectors get together,
the bureaucrats get together and agree to allow it some time in
the future.
So as we do these things, I would ask that we start
including this; that the first thing we do is take a look at
what is in our regulatory guidelines that may be obstructing
the practical application, and that is what it gets back down
to, is all the theory in the world and all the abilities in the
world to do something really doesn't mean anything if it is not
legal to be able to get it though the regulatory guidelines. I
would ask that we always consider that down the line, and
almost a footnote should be in these kinds of technology
developments, is looking at those regulatory structures that
may bar the application.
I will just give you one--a real simple application. The
City of Delmar in my district, the most environmentally green
community you ever saw, you know, went against power generation
of fossil fuels back in the late '70s, but they were the first
city to outlaw wind generators in the county, because it was
just easier to do that than block the application of it.
And so I just ask that we always include that. I think this
should do no harm, that it should lead to example and example
is we should have our government flexibility to make sure we
are not standing in the way of good technology. We are actually
trying to push it, and that means changing our regs.
I yield back, Mr.----
Chairman Gordon. Would the gentleman yield?
Mr. Bilbray. Yes.
Chairman Gordon. I want to thank you for that, and I know
your background of overcoming those types of impediments at the
municipal level. You were very successful. You set the stage
for it in California, and it is a good stage for us to follow.
You give us good advice. Thank you.
Mr. Bilbray. I appreciate it. I just wish we could figure
out how to build a power plant in California now. Basically it
is outlawed.
Thank you very much. I yield back.
Chairman Gordon. Thank you, Mr. Bilbray.
Mr. Lampson is recognized for five minutes.
Mr. Lampson. Thank you, Mr. Chairman. I thought that I
could weigh in with one of those practical situations that
occurred in Texas that I had the opportunity of visiting on
Saturday, where the little bitty town of Oakridge North in
Texas has begun to generate its electricity with biomass.
Two small companies--and we think this is the only
situation in North America where this is happening, and they
flipped the switch on it last Wednesday--are generating about
five megawatts of electricity and powering all of the needs of
this community. But a company that generates biodiesel out of
chicken fat right now, out of soy and other materials, called
Safe Renewables, and another company called Biofuels Power
Corporation, is joining Entergy, Reliant, and TXU utility
companies in east Texas as a backup facility and generating
electricity. It is exactly the same practical kinds of things
that we are talking about within this legislation. It can
happen. Yes, there are some impediments to slowing it down, but
it is the kind of thing I think that all of us are working
toward. I would invite any of you who would like to and visit
that facility to let me know, and I will certainly arrange it.
But I intend to support this and other legislation that
will make it possible. I would yield the balance of my time to
Mr. Miller.
Mr. Miller. Thank you, Mr. Lampson.
Well, the spirit of Chairman Boehlert lives on, and I find
myself using a baseball analogy.
This bill is not really about swinging for the fences in
dealing with energy problems, it really is about getting
singles. It is about finding small ways that add up, the key
effects which add up in saving energy and being more efficient
in our use of energy. It is more efficient windows. It is more
efficient motors that--you know, a small motor used at a plant
every day of the year might--a slightly more efficient or a
more efficient motor might save $30,000 in electrical costs in
the course of a year. It is a lot of the small ways that a
manufacturer or anyone else whose business it is not to
understand every efficient--energy efficient technology
available to them, small changes they can make that will add up
to saving a lot of energy. That is what the bill really tries
to do.
Chairman Gordon. Thank you, Mr. Miller. You will be pleased
to know that we are meeting this afternoon--the Science
Committee is meeting with the architect of the Capitol to
hopefully put the final touches on making the Science Committee
an example for the Capitol campus of an energy efficient
office.
Anyone else would like to--Mr. Ehlers is recognized.
Mr. Ehlers. Thank you, Mr. Chairman. First, my apologies
for missing the first part. I was in the House Administration
Committee which is considering Committee budgets, including
this committee.
Chairman Gordon. We will be seeing you soon.
Mr. Ehlers. I will see you this afternoon, and I will be
fighting for adequate budget for the Science Committee.
But the--I just wanted to follow up on Mr. Miller's
comments. He is exactly right and I have been trying to convey
that to the citizens of this country for years. They are all
looking for the magic ball, the home run that is going to solve
our energy problem.
The actual solution consists of millions of decisions made
by hundreds of millions of people every day about energy use,
because the only solution is in baby steps.
Everyone takes solar energy as wonderful, but it is very
diffuse and those who try to build mammoth electrical
production plants using solar energy I think are destined to
fail. The solution is to get every house in this country
shingled with solar shingles, photovoltaic cells which can
provide a substantial amount of the energy for the--for that
particular house. And that, again, involves millions of
decisions by very many people. So that is the path we have to
follow.
I appreciate very much the comments of Mr. Miller on this
score, and just wanted to reinforce that.
Ms. Biggert. Will the gentleman yield?
Mr. Ehlers. I would be happy to yield.
Ms. Biggert. Thank you.
You mentioned everybody looking for the home run. I would
just like to give you something that happened--an example of
what happened in my district. There was a pizza company named
``Home Run Pizza,'' which went to the University of Illinois--
or the University of Illinois went to help them to look at
their operations and to help them to become more energy
efficient so number one, they could save costs and save energy,
and this worked out and they saved a lot on their bottom line
and they saved a lot of energy.
This is the kind of thing that we are looking for.
Mr. Ehlers. I stand corrected. One home run worked.
I yield back.
Chairman Gordon. Thank you, Dr. Ehlers.
Does anyone else wish to be recognized?
Mr. Lipinski. I just want to------
Chairman Gordon. Mr. Lipinski is recognized for five
minutes.
Mr. Lipinski. I just want to add quickly that Home Run Inn
Pizza, I just want to make sure you got that right. They are
the best pizza there is in Chicago, so------
Mr. Baird. Mr. Chairman, are they getting a cut for this?
Chairman Gordon. No, but I think we have got to the point
where everything has been said, so I think we need to move
forward.
Mr. Baird. And everyone has said it.
Chairman Gordon. Yeah.
I ask unanimous consent that the bill is considered as read
and open to amendment at any point, and that the Members
proceed with the amendments in the order on the roster. Without
objection, so ordered.
The first amendment on the roster is an amendment offered
by--in the nature of a substitute offered by Ms. Biggert. I ask
unanimous consent that the amendment in the nature of a
substitute be treated as original text for the purposes of
amendment under the five minute rule. Without objection, so
ordered.
Chairman Gordon. Ms. Biggert, you are ready to proceed with
your amendment.
Ms. Biggert. Thank you.
Mr. Chairman, this amendment is offered by Mr. Miller and
me in the nature of a substitute, making a number of minor
technical changes to the bill.
First, the bill is introduced using the term
``universities'' in a number of places. The manager's amendment
would replace this term with ``institutions of higher
education,'' which is more clearly defined in existing law.
Secondly, the manager's amendment would clear up some
confusion as to the purpose of the bill. It does so by
relocating language in the bill that encourages the Department
of Energy to consider the special needs of manufactured and
site built housing, while still encouraging the transfer of
technologies related to buildings and housing, which currently
consumes 70 percent of the electricity generated in the United
States. This change makes clear that the bill is about the
transfer of all advanced energy and energy efficiency
technologies.
Finally, the manager's amendment clarifies the bill's
definition of distributed generation to include those
technologies that provide electricity not just to energy
consumers on the site of production, but to those who are near
it as well.
These improvements were the result of bipartisan
discussions by majority and minority committee staff, Mr.
Miller's staff and my staff. I would urge my colleagues to
support the Biggert/Miller amendment, and yield back the
balance of my time.
[The prepared statement of Ms. Biggert follows:]
Prepared Statement of Representative Judy Biggert
This amendment in the nature of a substitute makes a number of
minor, technical changes to the bill.
First, the bill as introduced uses the term ``universities'' in a
number of places. The manager's amendment would replace this term with
``institutions of higher education,'' which is more clearly defined in
existing law.
Secondly, the manager's amendment would clear up some confusion as
to the purpose of the bill. It does so by relocating language in the
bill that encourages the DOE to consider the special needs of
manufactured and site-built housing. While still encouraging the
transfer of technologies related to buildings and housing, which
currently consume 70 percent of the electricity generated in the U.S.,
this change makes clear that the bill is about the transfer of all
advanced energy and energy efficiency technologies.
Finally, the manager's amendment clarifies the bill's definition of
``distributed generation'' to include those technologies that provide
electricity not just to energy consumers on the site of production, but
to those who are near it as well.
These improvements were the result of bipartisan discussions by
majority and minority committee staff, Mr. Miller's staff, and my
staff.
I urge my colleagues to support the Biggert-Miller amendment, and I
yield back the balance of my time.
Chairman Gordon. Thank you, Ms. Biggert.
As I ask unanimous consent that we dispense with the
reading of that bill, and I want to thank Ms. Biggert for all
of her work on the bill. The Chair supports the amendment.
Is there any further discussion on the amendment?
Are there any amendments to the amendment in the nature of
a substitute?
If not, the vote occurs on the amendment in the nature of a
substitute. All in favor, say aye. Those opposed, nay. The ayes
have it. Amendment is agreed to.
The vote is on the bill H.R. 85 as amended. All those in
favor, say aye. All those opposed, no. In the opinion of the
Chair, the ayes have it.
I recognize Mr. Hall to offer a motion.
Mr. Hall. Mr. Chairman, I move that the Committee favorably
report H.R. 85, as amended, to the House with the
recommendation that the bill do pass.
Furthermore, I move that the staff be instructed to prepare
the legislative report and make necessary technical and
conforming changes, and that the Chairman take all necessary
steps to bring the bill before the House for consideration.
I yield back my time.
Chairman Gordon. The question is on the motion to report
the bill favorably. Those in favor of the motion will signify
by saying aye. Opposed, no. The ayes appear to have it. The
bill is favorably reported.
Without objection, the motion to reconsider is laid upon
the table. I move the Members have two subsequent calendar days
in which to submit supplemental minority or additional views on
the measure. I move, pursuant to Clause I of Rule 22 of the
Rules of the House of Representatives that the Committee
authorize the Chairman to offer such motions as may be
necessary in the House to adopt and pass H.R. 85, the Energy
Technology Transfer Act as amended. Without objection, so
ordered.
Let me finally say that these amendments--and I thank all
of you for a smooth hearing, smooth markup. We went fairly
quick today, but the reason is there was a lot of staff work
put in before this, and I thank the staff for that. I thank the
Members for their patience, and this is the conclusion of our
Committee markup.
[Whereupon, at 11:08 a.m., the Committee was adjourned.]
Appendix:
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H.R. 85, Amendment Roster, Summary of H.R. 85
Summary of H.R. 85, the Energy Technology Transfer Act
The Need. . .
The Department of Energy (DOE) and the National Labs
have developed countless low-cost energy efficiency
technologies; however, there are few mechanisms for
transferring these technologies into the marketplace. The
cooperative extension services and similar community outreach
networks have a long and successful history of transferring
knowledge about new technologies and techniques to farmers and
other constituencies, but have few resources to focus on energy
efficiency outside of the agriculture sector. There is a
particular need for such technology transfer in the buildings
sector, where 70 percent of U.S. electricity is consumed.
The Response. . .
This bill would authorize funds for DOE to engage
existing community outreach networks, through a competitive
grant process, in order to transfer knowledge and information
about advanced energy technologies that increase efficiency of
energy use, especially those developed at the National Labs and
by DOE, to a wide range of energy end-users, including
individuals, businesses, building professionals, nonprofit
entities and public entities, such as local governments and
school districts.
The Bill Would. . .
Amend the Energy Policy Act of 2005 to revise the
guidelines for a geographically dispersed network of Advanced
Energy Technology Transfer Centers by authorizing a DOE program
to award grants to cooperative extension services; States,
local governments, institutions of higher education and non-
profit institutions with expertise in energy research or
extension to conduct activities to transfer knowledge and
information about energy efficiency technologies and methods to
a wide range of energy end-users.
Allow funds to be used for outreach, demonstration
and commercial application activities and for hiring experts in
energy efficiency technologies.
Provide a mechanism for research questions identified
by energy end-users, related to the production, storage or use
of energy, to be brought to the attention of DOE.
Provide a mechanism for coordinating regional
research, engineering and business expertise to help apply
energy technologies and methods suitable to the local climate.
Authorize grants to be funded for a maximum of 11
years, including extensions from an initial five-year period,
with requirements for periodic evaluations.
History. . .
H.R. 85 was first introduced in the 109th Congress as
H.R. 5643 by Rep. Biggert. It was then included in H.R. 5656,
the Energy Research, Development, Demonstration, and Commercial
Application Act of 2006 and the subsequent H.R. 6203,
Alternative Energy Research and Development Act which passed
the House by voice vote, under suspension of the rules on
September 9, 2006.
Section-by-Section
Sec. 1--States the short title of the bill.
Sec. 2--Establishes the grant for the Energy Technology Transfer
Centers, and sets guidelines for how funds may be used, sets minimum
information that an application must include, and sets guidelines for
awarding the grants. This section also sets the duration of the grant,
defines terms used in the bill, and authorizes, ``such sums as may be
appropriated.''