[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

                              ----------                              


                      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:

                              ----------                              


             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.''
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