[Senate Report 116-148]
[From the U.S. Government Publishing Office]
Calendar No. 269
116th Congress } { Report
SENATE
1st Session } { 116-148
======================================================================
CLEAN INDUSTRIAL TECHNOLOGY ACT OF 2019
_______
October 24, 2019.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural
Resources, submitted the following
R E P O R T
[To accompany S. 2300]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2300) to amend the Energy Independence
and Security Act of 2007 to establish a program to incentivize
innovation and to enhance the industrial competitiveness of the
United States by developing technologies to reduce emissions of
nonpower industrial sectors, having considered the same, and
for other purposes, reports favorably thereon with an amendment
(in the nature of a substitute) and recommends that the bill,
as amended, do pass.
Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Industrial Technology Act of
2019'' or the ``CIT Act of 2019''.
SEC. 2. PURPOSE.
The purpose of this Act and the amendments made by this Act is to
encourage the development and evaluation of innovative technologies
aimed at increasing--
(1) the technological and economic competitiveness of
industry and manufacturing in the United States; and
(2) the emissions reduction of nonpower industrial sectors.
SEC. 3. INDUSTRIAL EMISSIONS REDUCTION TECHNOLOGY DEVELOPMENT PROGRAM.
(a) In General.--The Energy Independence and Security Act of 2007
is amended by inserting after section 453 (42 U.S.C. 17112) the
following:
``SEC. 454. INDUSTRIAL EMISSIONS REDUCTION TECHNOLOGY DEVELOPMENT
PROGRAM.
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of
the Office of Science and Technology Policy.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a scientist or other individual with knowledge
and expertise in emissions reduction;
``(B) an institution of higher education;
``(C) a nongovernmental organization;
``(D) a National Laboratory;
``(E) a private entity; and
``(F) a partnership or consortium of 2 or more
entities described in subparagraphs (B) through (E).
``(3) Emissions reduction.--
``(A) In general.--The term `emissions reduction'
means the reduction, to the maximum extent practicable,
of net nonwater greenhouse gas emissions to the
atmosphere by energy services and industrial processes.
``(B) Exclusion.--The term `emissions reduction' does
not include the elimination of carbon embodied in the
principal products of industrial manufacturing.
``(4) Institution of higher education.--The term `institution
of higher education' has the meaning given the term in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
``(5) Program.--The term `program' means the program
established under subsection (b)(1).
``(b) Industrial Emissions Reduction Technology Development
Program.--
``(1) In general.--Not later than 1 year after the date of
enactment of the CIT Act of 2019, the Secretary, in
consultation with the Director, the heads of relevant Federal
agencies, National Laboratories, industry, and institutions of
higher education, shall establish a crosscutting industrial
emissions reduction technology development program of research,
development, demonstration, and commercial application to
further the development and commercialization of innovative
technologies that--
``(A) increase the technological and economic
competitiveness of industry and manufacturing in the
United States;
``(B) increase the viability and competitiveness of
United States industrial technology exports; and
``(C) achieve emissions reduction in nonpower
industrial sectors.
``(2) Coordination.--In carrying out the program, the
Secretary shall--
``(A) coordinate with each relevant office in the
Department and any other Federal agency;
``(B) coordinate and collaborate with the Industrial
Technology Innovation Advisory Committee established
under section 455; and
``(C) coordinate and seek to avoid duplication with
the energy-intensive industries program established
under section 452.
``(3) Leverage of existing resources.--In carrying out the
program, the Secretary shall leverage, to the maximum extent
practicable--
``(A) existing resources and programs of the
Department and other relevant Federal agencies; and
``(B) public-private partnerships.
``(c) Focus Areas.--The program shall focus on--
``(1) industrial production processes, including technologies
and processes that--
``(A) achieve emissions reduction in high-emissions
industrial materials production processes, including
production processes for iron, steel, steel mill
products, aluminum, cement, glass, pulp, paper, and
industrial ceramics;
``(B) achieve emissions reduction in medium- and
high-temperature heat generation, including--
``(i) through electrification of heating
processes;
``(ii) through renewable heat generation
technology;
``(iii) through combined heat and power; and
``(iv) by switching to alternative fuels,
including hydrogen and nuclear energy;
``(C) achieve emissions reduction in chemical
production processes, including by incorporating, if
appropriate and practicable, principles, practices, and
methodologies of sustainable, green chemistry and
engineering;
``(D) leverage smart manufacturing technologies and
principles, digital manufacturing technologies, and
advanced data analytics to develop advanced
technologies and practices in information, automation,
monitoring, computation, sensing, modeling, and
networking to--
``(i) model and simulate manufacturing
production lines;
``(ii) monitor and communicate production
line status;
``(iii) manage and optimize energy
productivity and cost throughout production;
and
``(iv) model, simulate, and optimize the
energy efficiency of manufacturing processes;
``(E) minimize the negative environmental impacts of
manufacturing and sustainable chemistry while
conserving energy and resources, including--
``(i) by designing products that enable
reuse, refurbishment, remanufacturing, and
recycling;
``(ii) by minimizing waste from industrial
processes, including through the reuse of waste
as other resources in other industrial
processes for mutual benefit; and
``(iii) by increasing resource efficiency;
and
``(F) increase the energy efficiency of industrial
processes;
``(2) alternative materials that produce fewer emissions
during production and result in fewer emissions during use,
including--
``(A) innovative building materials;
``(B) high-performance lightweight materials; and
``(C) substitutions for critical materials and
minerals;
``(3) development of net-zero emissions liquid and gaseous
fuels;
``(4) emissions reduction in shipping, aviation, and long
distance transportation;
``(5) carbon capture technologies for industrial processes;
``(6) other technologies that achieve net-zero emissions in
nonpower industrial sectors, as determined by the Secretary, in
consultation with the Director; and
``(7) high-performance computing to develop advanced
materials and manufacturing processes contributing to the focus
areas described in paragraphs (1) through (6), including--
``(A) modeling, simulation, and optimization of the
design of energy efficient and sustainable products;
and
``(B) the use of digital prototyping and additive
manufacturing to enhance product design.
``(d) Grants, Contracts, Cooperative Agreements, and Demonstration
Projects.--
``(1) Grants.--In carrying out the program, the Secretary
shall award grants on a competitive basis to eligible entities
for projects that the Secretary determines would best achieve
the goals of the program.
``(2) Contracts and cooperative agreements.--In carrying out
the program, the Secretary may enter into contracts and
cooperative agreements with eligible entities and Federal
agencies for projects that the Secretary determines would
further the purposes of the program.
``(3) Demonstration projects.--In supporting technologies
developed under this section, the Secretary shall fund
demonstration projects that test and validate technologies
described in subsection (c).
``(4) Application.--An entity seeking funding or a contract
or agreement under this subsection shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(5) Cost sharing.--In awarding funds under this section,
the Secretary shall require cost sharing in accordance with
section 988 of the Energy Policy Act of 2005 (42 U.S.C.
16352).''.
(b) Technical Amendment.--The table of contents of the Energy
Independence and Security Act of 2007 (Public Law 110-140; 121 Stat.
1494) is amended by inserting after the item relating to section 453
the following:
``Sec. 454. Industrial emissions reduction technology development
program.''.
SEC. 4. INDUSTRIAL TECHNOLOGY INNOVATION ADVISORY COMMITTEE.
(a) In General.--The Energy Independence and Security Act of 2007
is amended by inserting after section 454 (as added by section 3(a))
the following:
``SEC. 455. INDUSTRIAL TECHNOLOGY INNOVATION ADVISORY COMMITTEE.
``(a) Definitions.--In this section:
``(1) Committee.--The term `Committee' means the Industrial
Technology Innovation Advisory Committee established under
subsection (b).
``(2) Director.--The term `Director' means the Director of
the Office of Science and Technology Policy.
``(3) Emissions reduction.--The term `emissions reduction'
has the meaning given the term in section 454(a).
``(4) Program.--The term `program' means the industrial
emissions reduction technology development program established
under section 454(b)(1).
``(b) Establishment.--Not later than 180 days after the date of
enactment of the CIT Act of 2019, the Secretary, in consultation with
the Director, shall establish an advisory committee, to be known as the
`Industrial Technology Innovation Advisory Committee'.
``(c) Membership.--
``(1) Appointment.--The Committee shall be comprised of not
fewer than 14 members and not more than 18 members, who shall
be appointed by the Secretary, in consultation with the
Director.
``(2) Representation.--Members appointed pursuant to
paragraph (1) shall include--
``(A) not less than 1 representative of each relevant
Federal agency, as determined by the Secretary;
``(B) the Chair of the Secretary of Energy Advisory
Board, if that position is filled;
``(C) not less than 2 representatives of labor
groups;
``(D) not less than 3 representatives of the research
community, which shall include academia and National
Laboratories;
``(E) not less than 2 representatives of
nongovernmental organizations;
``(F) not less than 6 representatives of small- and
large-scale industry, the collective expertise of which
shall cover every focus area described in section
454(c); and
``(G) any other individuals the Secretary, in
coordination with the Director, determines to be
necessary to ensure that the Committee is comprised of
a diverse group of representatives of industry,
academia, independent researchers, and public and
private entities.
``(3) Chair.--The Secretary shall designate a member of the
Committee to serve as Chair.
``(d) Duties.--
``(1) In general.--The Committee shall--
``(A) in consultation with the Secretary and the
Director, propose missions and goals for the program,
which shall be consistent with the purposes of the
program described in section 454(b)(1); and
``(B) advise the Secretary with respect to the
program--
``(i) by identifying and evaluating any
technologies being developed by the private
sector relating to the focus areas described in
section 454(c);
``(ii) by identifying technology gaps in the
private sector in those focus areas, and making
recommendations to address those gaps;
``(iii) by surveying and analyzing factors
that prevent the adoption of emissions
reduction technologies by the private sector;
and
``(iv) by recommending technology screening
criteria for technology developed under the
program to encourage adoption of the technology
by the private sector; and
``(C) develop the strategic plan described in
paragraph (2).
``(2) Strategic plan.--
``(A) Purpose.--The purpose of the strategic plan
developed under paragraph (1)(C) is to achieve the
goals of the program in the focus areas described in
section 454(c).
``(B) Contents.--The strategic plan developed under
paragraph (1)(C) shall--
``(i) specify near-term and long-term
qualitative and quantitative objectives
relating to each focus area described in
section 454(c), including research,
development, demonstration, and commercial
application objectives;
``(ii) specify the anticipated timeframe for
achieving the objectives specified under clause
(i);
``(iii) include plans for developing
emissions reduction technologies that are
globally cost-competitive;
``(iv) identify the public and private costs
of achieving the objectives specified under
clause (i); and
``(v) estimate the economic and employment
impact in the United States of achieving those
objectives.
``(e) Meetings.--
``(1) Frequency.--The Committee shall meet not less
frequently than 2 times per year, at the call of the Chair.
``(2) Initial meeting.--Not later than 30 days after the date
on which the members are appointed under subsection (b), the
Committee shall hold its first meeting.
``(f) Committee Report.--
``(1) In general.--Not later than 2 years after the date of
enactment of the CIT Act of 2019, and not less frequently than
once every 3 years thereafter, the Committee shall submit to
the Secretary a report on the progress of achieving the
purposes of the program.
``(2) Contents.--The report under paragraph (1) shall
include--
``(A) a description of any technology innovation
opportunities identified by the Committee;
``(B) a description of any technology gaps identified
by the Committee under subsection (d)(1)(B)(ii);
``(C) recommendations for improving technology
screening criteria and management of the program;
``(D) an evaluation of the progress of the program
and the research and development funded under the
program;
``(E) any recommended changes to the focus areas of
the program described in section 454(c);
``(F) a description of the manner in which the
Committee has carried out the duties described in
subsection (d)(1) and any relevant findings as a result
of carrying out those duties;
``(G) if necessary, an update to the strategic plan
developed by the Committee under subsection (d)(1)(C);
``(H) the progress made in achieving the goals set
out in that strategic plan;
``(I) a review of the management, coordination, and
industry utility of the program;
``(J) an assessment of the extent to which progress
has been made under the program in developing
commercial, cost-competitive technologies in each focus
area described in section 454(c); and
``(K) an assessment of the effectiveness of the
program in coordinating efforts within the Department
and with other Federal agencies to achieve the purposes
of the program.
``(g) Report to Congress.--Not later than 60 days after receiving a
report from the Committee under subsection (f), the Secretary shall
submit a copy of that report to the Committees on Appropriations and
Science, Space, and Technology of the House of Representatives, the
Committees on Appropriations and Energy and Natural Resources of the
Senate, and any other relevant Committee of Congress.
``(h) Applicability of Federal Advisory Committee Act.--Except as
otherwise provided in this section, the Federal Advisory Committee Act
(5 U.S.C. App.) shall apply to the Committee.''.
(b) Technical Amendment.--The table of contents of the Energy
Independence and Security Act of 2007 (Public Law 110-140; 121 Stat.
1494) (as amended by section 3(b)) is amended by inserting after the
item relating to section 454 the following:
``Sec. 455. Industrial Technology Innovation Advisory Committee.''.
SEC. 5. TECHNICAL ASSISTANCE PROGRAM TO IMPLEMENT INDUSTRIAL EMISSIONS
REDUCTION.
(a) In General.--The Energy Independence and Security Act of 2007
is amended by inserting after section 455 (as added by section 4(a))
the following:
``SEC. 456. TECHNICAL ASSISTANCE PROGRAM TO IMPLEMENT INDUSTRIAL
EMISSIONS REDUCTION.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) a unit of local government;
``(C) a territory or possession of the United States;
``(D) a relevant State or local office, including an
energy office;
``(E) a tribal organization (as defined in section
3765 of title 38, United States Code);
``(F) an institution of higher education; and
``(G) a private entity.
``(2) Emissions reduction.--The term `emissions reduction'
has the meaning given the term in section 454(a).
``(3) Institution of higher education.--The term `institution
of higher education' has the meaning given the term in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
``(4) Program.--The term `program' means the program
established under subsection (b).
``(b) Establishment.--Not later than 180 days after the date of
enactment of the CIT Act of 2019, the Secretary shall establish a
program to provide technical assistance to eligible entities to carry
out an activity described in subsection (c).
``(c) Activities Described.--An activity referred to in subsection
(b) is any of the following activities carried out for the purpose of
achieving emissions reduction in nonpower industrial sectors:
``(1) Adopting emissions reduction technologies.
``(2) Establishing goals and priorities to accelerate the
development and evaluation of relevant technologies.
``(3) Developing collaborations across States, local
governments, and territories and possessions of the United
States.
``(4) Reviewing the appropriate emissions reduction
technologies available for a particular eligible entity.
``(5) Developing a roadmap for implementing emissions
reduction technologies for a particular eligible entity.
``(6) Any other activity determined appropriate by the
Secretary.
``(d) Applications.--
``(1) In general.--An eligible entity desiring technical
assistance under the program shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Application process.--The Secretary shall seek
applications for technical assistance under the program on a
periodic basis, but not less frequently than once every 12
months.
``(3) Factors for consideration.--In selecting eligible
entities for technical assistance under the program, the
Secretary shall--
``(A) give priority to--
``(i) activities carried out with technical
assistance under the program that have the
greatest potential for achieving emissions
reduction in nonpower industrial sectors;
``(ii) activities carried out in a State in
which there are active or inactive industrial
facilities that may be used or retrofitted to
carry out activities under the focus areas
described in section 454(c); and
``(iii) activities carried out in an
economically distressed area (as described in
section 301(a) of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3161(a)));
and
``(B) ensure that--
``(i) there is geographic diversity among the
eligible entities selected; and
``(ii) the activities carried out with
technical assistance under the program reflect
a majority of the focus areas described in
section 454(c).''.
(b) Technical Amendment.--The table of contents of the Energy
Independence and Security Act of 2007 (Public Law 110-140; 121 Stat.
1494) (as amended by section 4(b)) is amended by inserting after the
item relating to section 455 the following:
``Sec. 456. Technical assistance program to implement industrial
emissions reduction.''.
SEC. 6. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY EFFICIENT
TECHNOLOGIES FOR INDUSTRY.
Section 6(a) of the American Energy Manufacturing Technical
Corrections Act (42 U.S.C. 6351(a)) is amended--
(1) by striking ``Industrial Technologies Program'' each
place it appears and inserting ``Advanced Manufacturing
Office''; and
(2) in the matter preceding paragraph (1), by striking
``Office of Energy'' and all that follows through ``Office of
Science'' and inserting ``Department of Energy''.
Purpose
The purpose of S. 2300 is to amend the Energy Independence
and Security Act of 2007 (EISA, Public Law 110-140) to
establish a program to incentivize innovation and to enhance
the industrial competitiveness of the United States by
developing technologies to reduce emissions of nonpower
industrial sectors.
Background and Need
According to the International Energy Agency (IEA), global
industrial emissions account for a quarter of carbon emissions
and 37 percent of total final energy use, and heavy transport
emissions, including aviation, shipping, freight, and rail,
make up an additional 13 percent of global carbon emissions.
Industrial emissions are expected to increase by 50 percent
between now and 2050. The vast majority of industrial energy
use in the United States is for manufacturing. Historically,
industrial emissions reductions have been focused on increases
in efficiency, but at the global level, process efficiency in
key materials productions areas has remained flat for several
years. The IEA found that reducing industrial emissions in
order to address climate change, without impacting economic
growth, will require new technologies, along with further
efficiencies, including carbon capture, low-emission heat,
alternative industrial processes, and fuel switching.
The Department of Energy (DOE or Department) has
historically conducted a variety of research into new
industrial energy and vehicle technologies. In recent years,
the Advance Manufacturing Office (AMO) has conducted the vast
majority of the Department's industrial energy research, while
the Vehicle Technologies Office (VTO) has performed research on
fuel efficiency, engine design, and weight reduction of
vehicles, including heavy-duty trucks. AMO conducts research
across 14 technology areas, provides energy efficiency
technical assistance to American manufacturers, and oversees
five national manufacturing institutes ranging from power
electronics manufacturing to process intensification.
AMO and VTO are housed within the office of Energy
Efficiency and Renewable Energy (EERE), with a primary focus on
reducing the energy use of various industrial processes and
enhancing vehicle fuel efficiency and electrification,
respectively. Because AMO and VTO are concentrated within EERE,
they have focused on research and development (R&D)
opportunities in efficiency rather than on industrial processes
or alternative heavy transportation fuels.
S. 2300 seeks to modernize DOE's research into industrial
energy and heavy-duty transportation technologies to create a
crosscutting emissions reduction program that would coordinate
research across all offices within the Department. The bill
would also create an advisory committee within DOE to ensure
research is well suited to industry's needs and to collaborate
with other Federal departments. The bill would also establish a
technical assistance program to help states, local governments,
and tribal organizations implement the low carbon technologies.
Legislative History
S. 2300 was introduced by Senators Whitehouse, Capito,
Manchin, Braun, Booker, and Collins on July 25, 2019. Senator
Feinstein was added as a cosponsor. The Subcommittee on Energy
held a hearing on S. 2300 on September 11, 2019.
Similar legislation, H.R. 3978, was introduced in the House
of Representatives by Representative Casten on July 25, 2019,
and referred to the Science, Space and Technology Committee and
the Energy and Commerce Committee.
The Senate Committee on Energy and Natural Resources met in
open business session on September 25, 2019, and ordered S.
2300 favorably reported, as amended.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on September 25, 2019, by a majority
voice vote of a quorum present, recommends that the Senate pass
S. 2300, if amended as described herein. Senators Lee and
McSally asked to be recorded as voting no.
Committee Amendment
During its consideration of S. 2300, the Committee adopted
an amendment in the nature of a substitute. The substitute
amendment changes a coordination requirement to a consultation
requirement in section 454(b) and adds additional program
requirements regarding increased domestic industrial technology
exports and avoiding duplication of the energy-intensive
industries program in section 452.
The substitute amendment also modifies the program's focus
areas in section 454(c) to add nuclear energy as an alternative
fuel in paragraph (1)(B); add the use of sustainable green
chemistry in paragraph (1)(C); add a ``model'' category in
paragraph (1)(D); add waste reuse in paragraph (1)(E); change
``reducing resource intensity'' to ``increasing resource
efficiency'' in paragraph (1)(E)(iii); and make technical
changes. The substitute amendment removes the use of
alternative fuels from paragraph (4) and expands high
performance computing to cover activities in paragraphs (1)
through (6).
The substitute amendment deletes the appropriations
authorization in section 454(e).
The substitute amendment changes a coordination requirement
to a consultation requirement in section 455(c). It also adds
the Chair of the Secretary of Energy Advisory Board to the
Industrial Technology Advisory Committee, caps that Committee's
membership to 18 members, allows industry members of the
Committee to include both small and large-scale industry, and
makes technical changes.
The substitute amendment changes the Committee directive to
develop the industrial technology innovation program's mission
and goals contained in section 455(d) to a directive to propose
such mission and goals instead. It changes the ``roadmap'' to a
``Strategic Plan'' and adds cost-related requirements to the
Strategic Plan.
The substitute amendment makes conforming changes in
section 455(f) to require the inclusion of the roadmap to the
Committee's report only if necessary. It also augments the list
of Congressional committees receiving reports from the
Committee in section 455(g).
The substitute amendment modifies section 456(c) to specify
that the technical assistance program shall review the
``technologies available'' for appropriate emissions reductions
for an eligible entity, and develop an implementation roadmap.
The substitute amendment changes ``Priorities'' to
``Factors for Consideration'' in section 456(d)(3) and adds
subparagraph (A) to specify the activities for which the
Secretary is to prioritize technical assistance, including
activities carried out with program technical assistance and
activities carried out in an economically distressed area.
The substitute amendment further modifies the Secretary's
prioritization based on the State's historical factors in
section 456(d)(3)(A)(ii) to consider active or inactive
industrial facilities in a State. The amendment also directs
the Secretary to ensure geographic diversity among selected
entities and that the technical assistance program reflect a
majority of the focus areas in section 456(d)(3)(B).
The substitute amendment deletes the appropriations
authorization in section 456(e).
Section-by-Section Analysis
Section 1. Short title
Section 1 sets forth the short title of the bill.
Sec. 2. Purpose
Section 2 sets forth the purpose of the bill.
Sec. 3. Industrial emissions reduction technology development program
Section 3(a) amends subtitle D of title IV of EISA to add a
new section 454 titled ``Industrial Emissions Reduction
Technology Development Program.''
The new section 454(a) provides key definitions.
The new section 454(b) directs the Secretary, in
consultation with the Director of the Office of Science and
Technology Policy, relevant Federal agencies, national
laboratories, industry and higher education institutions, to
establish a crosscutting industrial emissions reduction
technology research development demonstration and commercial
application program. The Secretary is directed to coordinate
with other relevant Federal agencies, the Industrial Technology
Innovation Advisory Committee established under the new section
455, and the energy intensive industries program.
The new section 454(c) specifies the following seven
program focus areas to achieve emissions reduction: (1)
industrial production processes; (2) energy efficient
alternative materials; (3) net- zero emission liquid and
gaseous fuels; (4) emissions reduction in shipping, aviation,
and long distance transportation; (5) carbon capture for
industrial processes; (6) other technologies that can achieve
net zero emissions in nonpower industrial sectors; and (7) high
performance computing for technologies in focus areas (1)
through (6).
The new section 454(d) directs the Secretary to award
grants, contracts, cooperative agreements, and demonstration
projects for projects that can meet the program's goals.
Projects under this section must meet the cost-sharing
requirements of section 988 of the Energy Policy Act of 2005
(Public Law 109-58).
Subsection (b) makes conforming changes to EISA's table of
contents.
Sec. 4. Industrial Technology Innovation Advisory Committee
Section 4(a) amends subtitle D of title IV of EISA to add a
new section 455 titled ``Industrial Technology Innovation
Advisory Committee.''
The new section 455(a) provides key definitions.
The new section 455(b) directs the Secretary, in
coordination with the Director of the Office of Science and
Technology Policy (Director), and within 180 days of enactment,
to establish an Industrial Technology Innovation Advisory
Committee at DOE.
The new section 455(c) specifies that the Committee have
between 14 and 18 members, to be appointed by the Secretary in
consultation with the Director. The section further details the
number of Committee members to be derived from Federal
agencies, labor groups, the research community, nongovernmental
organizations, and industries representing each of the focus
areas set forth in the new section 454(c).
The new section 455(d) sets forth the Committee's duties,
including proposing program missions and goals and advising the
Secretary and Director on technologies related to the Program;
identifying technology gaps; analyzing factors preventing
private sector adoption of emissions reduction technologies;
and recommending technology screening criteria. The Committee
is also directed to develop a strategic plan to achieve the
program goals, including specifying near and long-term goals
and plans for developing technologies consistent with each of
the program's seven focus areas.
The new section 455(e) provides that the Committee shall
meet within 30 days of the members being appointed, and not
less than twice a year thereafter.
The new section 455(f) requires the Committee to submit a
report to the Secretary within two years of enactment and an
update at least every three years thereafter. The report must
include updates on each of the areas outlined in new section
455(d), as well as the program's performance and achievements.
The new section 455(g) directs the Secretary to submit a
copy of the Committee's report to the relevant Congressional
committees within 60 days of receipt.
The new section 455(h) stipulates that except as provided
for in this section, the Federal Advisory Committee Act (5
U.S.C. App.) applies to the Committee.
Subsection (b) makes conforming changes to EISA's table of
contents.
Sec. 5. Technical assistance program to implement industrial emissions
reduction
Section 5(a) amends subtitle D of title IV of EISA to add a
new section 456 titled ``Technical Assistance Program to
Implement Industrial Emissions Reduction.''
The new section 456(a) provides key definitions.
The new section 456(b) directs the Secretary to establish a
program to provide technical assistance to eligible entities
within 180 days of enactment.
The new section 456(c) describes activities eligible for
receiving technical assistance under the program, including
adopting emissions reduction technologies and establishing
goals and priorities to accelerate technology development.
The new section 456(d) describes the application
requirements for the technical assistance program.
Subsection (b) makes conforming changes to EISA's table of
contents.
Sec. 6. Coordination of research and development of energy efficient
technologies for industry
Section 6 amends section 6(a) of the American Energy
Manufacturing Technical Corrections Act (Public Law 112-210) to
make technical corrections.
Cost and Budgetary Considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the Congressional Budget Office
completes its cost estimate, it will be posted on the internet
at www.cbo.gov.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2300. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2300, as ordered reported.
Congressionally Directed Spending
S. 2300, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the Department of Energy at the
September 11, 2019, hearing on S. 2300 follows:
Testimony of Under Secretary of Energy Mark W. Menezes, U.S. Department
of Energy
introduction
Chairman Cassidy, Ranking Member Heinrich, and Members of
the Subcommittee, it is a privilege and an honor to serve at
the Department of Energy (DOE or the Department), which is
tasked with, among other important responsibilities: overseeing
the Nation's nuclear energy research and development programs;
creating and sustaining American leadership in the transition
to a global clean energy economy; working effectively with the
States on our Nation's energy challenges; and supporting our
current, and developing our Nation's future, energy workforce.
Thank you for the opportunity to testify today on behalf of the
Department regarding legislation pertinent to DOE that is now
pending in the Senate.
I have been asked to testify on nine (9) bills today. The
Administration continues to review all of these bills. I
appreciate the ongoing bipartisan efforts to address our
Nation's energy challenges and I look forward to working with
the Committee.
energy efficiency and renewable energy
The mission of DOE's Office of Energy Efficiency and
Renewable Energy (EERE) is to create and sustain American
leadership in the transition to a global clean energy economy.
EERE has, among other strategic goals, the aim of: improving
the energy efficiency of our nation's homes, buildings, and
industries; stimulating the growth of a thriving domestic clean
energy manufacturing industry; and increasing the generation of
electric power from renewable sources.
S. 2300--Clean Industrial Technology Act
S. 2300, Clean Industrial Technology Act, would amend the
Energy Independence and Security Act of 2007, to establish a
program to incent innovation and to enhance the industrial
competitiveness of the United States but only if the
technologies also reduce greenhouse gas emissions of non-power
industrial sectors.
The Department will continue to review the legislation and
looks forward to working with Congress as the legislative
process moves forward.
conclusion
Thank you again for the opportunity to be here today. The
Department appreciates the ongoing bipartisan efforts to
address our Nation's energy challenges, and looks forward to
working with the Committee on the legislation on today's agenda
and any future legislation. I would be happy to answer your
questions.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the changes in existing law made
by S. 2300, 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):
THE ENERGY INDEPENDENCE AND SECURITY ACT OF 2007
Public Law 110-140 (As Amended)
AN ACT To move the United States toward greater energy independence and
security, to increase the production of clean renewable fuels, to
protect consumers, to increase the efficiency of products, buildings,
and vehicles, to promote research on and deploy greenhouse gas capture
and storage options, and to improve the energy performance of the
Federal Government, and for other purposes
* * * * * * *
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Energy
Independence and Security Act of 2007''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
* * * * * * *
TITLE IV--ENERGY SAVINGS IN BUILDINGS AND INDUSTRY
* * * * * * *
Subtitle D--Industrial Energy Efficiency
Sec. 451. Industrial energy efficiency.
Sec. 452. Energy-intensive industries program.
Sec. 453. Energy efficiency for data center buildings.
Sec. 454. Industrial Emissions Reduction Technology Development Program.
Sec. 455. Industrial Technology Innovation Advisory Committee.
Sec. 456. Technical Assistance Program to Implement Industrial Emissions
Reduction.
* * * * * * *
TITLE IV--ENERGY SAVINGS IN BUILDINGS AND INDUSTRY
* * * * * * *
Subtitle D--Industrial Energy Efficiency
* * * * * * *
SEC. 454. INDUSTRIAL EMISSIONS REDUCTION TECHNOLOGY DEVELOPMENT
PROGRAM.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the
Director of the Office of Science and Technology
Policy.
(2) Eligible entity.--The term ``eligible entity''
means--
(A) a scientist or other individual with
knowledge and expertise in emissions reduction;
(B) an institution of higher education;
(C) a nongovernmental organization;
(D) a National Laboratory;
(E) a private entity; and
(F) a partnership or consortium of 2 or more
entities described in subparagraphs (B) through
(E).
(3) Emissions reduction.--
(A) In general.--The term ``emissions
reduction'' means the reduction, to the maximum
extent practicable, of net nonwater greenhouse
gas emissions to the atmosphere by energy
services and industrial processes.
(B) Exclusion.--The term ``emissions
reduction'' does not include the elimination of
carbon embodied in the principal products of
industrial manufacturing.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning
given the term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(5) Program.--The term ``program'' means the program
established under subsection (b)(1).
(b) Industrial Emissions Reduction Technology Development
Program.--
(1) In general.--Not later than 1 year after the date
of enactment of the CIT Act of 2019, the Secretary, in
consultation with the Director, the heads of relevant
Federal agencies, National Laboratories, industry, and
institutions of higher education, shall establish a
crosscutting industrial emissions reduction technology
development program of research, development,
demonstration, and commercial application to further
the development and commercialization of innovative
technologies that--
(A) increase the technological and economic
competitiveness of industry and manufacturing
in the United States;
(B) increase the viability and
competitiveness of United States industrial
technology exports; and
(C) achieve emissions reduction in nonpower
industrial sectors.
(2) Coordination.--In carrying out the program, the
Secretary shall--
(A) coordinate with each relevant office in
the Department and any other Federal agency;
(B) coordinate and collaborate with the
Industrial Technology Innovation Advisory
Committee established under section 455; and
(C) coordinate and seek to avoid duplication
with the energy-intensive industries program
established under section 452.
(3) Leverage of existing resources.--In carrying out
the program, the Secretary shall leverage, to the
maximum extent practicable--
(A) existing resources and programs of the
Department and other relevant Federal agencies;
and
(B) public-private partnerships.
(c) Focus Areas.--The program shall focus on--
(1) industrial production processes, including
technologies and processes that--
(A) achieve emissions reduction in high-
emissions industrial materials production
processes, including production processes for
iron, steel, steel mill products, aluminum,
cement, glass, pulp, paper, and industrial
ceramics;
(B) achieve emissions reduction in medium-
and high-temperature heat generation,
including--
(i) through electrification of
heating processes;
(ii) through renewable heat
generation technology;
(iii) through combined heat and
power; and
(iv) by switching to alternative
fuels, including hydrogen and nuclear
energy;
(C) achieve emissions reduction in chemical
production processes, including by
incorporating, if appropriate and practicable,
principles, practices, and methodologies of
sustainable, green chemistry and engineering;
(D) leverage smart manufacturing technologies
and principles, digital manufacturing
technologies, and advanced data analytics to
develop advanced technologies and practices in
information, automation, monitoring,
computation, sensing, modeling, and networking
to--
(i) model and simulate manufacturing
production lines;
(ii) monitor and communicate
production line status;
(iii) manage and optimize energy
productivity and cost throughout
production; and
(iv) model, simulate, and optimize
the energy efficiency of manufacturing
processes;
(E) minimize the negative environmental
impacts of manufacturing and sustainable
chemistry while conserving energy and
resources, including--
(i) by designing products that enable
reuse, refurbishment, remanufacturing,
and recycling;
(ii) by minimizing waste from
industrial processes, including through
the reuse of waste as other resources
in other industrial processes for
mutual benefit; and
(iii) by increasing resource
efficiency; and
(F) increase the energy efficiency of
industrial processes;
(2) alternative materials that produce fewer
emissions during production and result in fewer
emissions during use, including--
(A) innovative building materials;
(B) high-performance lightweight materials;
and
(C) substitutions for critical materials and
minerals;
(3) development of net-zero emissions liquid and
gaseous fuels;
(4) emissions reduction in shipping, aviation, and
long distance transportation;
(5) carbon capture technologies for industrial
processes;
(6) other technologies that achieve net-zero
emissions in nonpower industrial sectors, as determined
by the Secretary, in consultation with the Director;
and
(7) high-performance computing to develop advanced
materials and manufacturing processes contributing to
the focus areas described in paragraphs (1) through
(6), including--
(A) modeling, simulation, and optimization of
the design of energy efficient and sustainable
products; and
(B) the use of digital prototyping and
additive manufacturing to enhance product
design.
(d) Grants, Contracts, Cooperative Agreements, and
Demonstration Projects.--
(1) Grants.--In carrying out the program, the
Secretary shall award grants on a competitive basis to
eligible entities for projects that the Secretary
determines would best achieve the goals of the program.
(2) Contracts and cooperative agreements.--In
carrying out the program, the Secretary may enter into
contracts and cooperative agreements with eligible
entities and Federal agencies for projects that the
Secretary determines would further the purposes of the
program.
(3) Demonstration projects.--In supporting
technologies developed under this section, the
Secretary shall fund demonstration projects that test
and validate technologies described in subsection (c).
(4) Application.--An entity seeking funding or a
contract or agreement under this subsection shall
submit to the Secretary an application at such time, in
such manner, and containing such information as the
Secretary may require.
(5) Cost sharing.--In awarding funds under this
section, the Secretary shall require cost sharing in
accordance with section 988 of the Energy Policy Act of
2005 (42 U.S.C. 16352).
SEC. 455. INDUSTRIAL TECHNOLOGY INNOVATION ADVISORY COMMITTEE.
(a) Definitions.--In this section:
(1) Committee.--The term ``Committee'' means the
Industrial Technology Innovation Advisory Committee
established under subsection (b).
(2) Director.--The term ``Director'' means the
Director of the Office of Science and Technology
Policy.
(3) Emissions reduction.--The term `emissions
reduction' has the meaning given the term in section
454(a).
(4) Program.--The term ``program'' means the
industrial emissions reduction technology development
program established under section 454(b)(1).
(b) Establishment.--Not later than 180 days after the date
of enactment of the CIT Act of 2019, the Secretary, in
consultation with the Director, shall establish an advisory
committee, to be known as the `Industrial Technology Innovation
Advisory Committee'.
(c) Membership.--
(1) Appointment.--The Committee shall be comprised of
not fewer than 14 members and not more than 18 members,
who shall be appointed by the Secretary, in
consultation with the Director.
(2) Representation.--Members appointed pursuant to
paragraph (1) shall include--
(A) not less than 1 representative of each
relevant Federal agency, as determined by the
Secretary;
(B) the Chair of the Secretary of Energy
Advisory Board, if that position is filled;
(C) not less than 2 representatives of labor
groups;
(D) not less than 3 representatives of the
research community, which shall include
academia and National Laboratories;
(E) not less than 2 representatives of
nongovernmental organizations;
(F) not less than 6 representatives of small-
and large-scale industry, the collective
expertise of which shall cover every focus area
described in section 454(c); and
(G) any other individuals the Secretary, in
coordination with the Director, determines to
be necessary to ensure that the Committee is
comprised of a diverse group of representatives
of industry, academia, independent researchers,
and public and private entities.
(3) Chair.--The Secretary shall designate a member of
the Committee to serve as Chair.
(d) Duties.--
(1) In general.--The Committee shall--
(A) in consultation with the Secretary and
the Director, propose missions and goals for
the program, which shall be consistent with the
purposes of the program described in section
454(b)(1); and
(B) advise the Secretary with respect to the
program--
(i) by identifying and evaluating any
technologies being developed by the
private sector relating to the focus
areas described in section 454(c);
(ii) by identifying technology gaps
in the private sector in those focus
areas, and making recommendations to
address those gaps;
(iii) by surveying and analyzing
factors that prevent the adoption of
emissions reduction technologies by the
private sector; and
(iv) by recommending technology
screening criteria for technology
developed under the program to
encourage adoption of the technology by
the private sector; and
(C) develop the strategic plan described in
paragraph (2).
(2) Strategic plan.--
(A) Purpose.--The purpose of the strategic
plan developed under paragraph (1)(C) is to
achieve the goals of the program in the focus
areas described in section 454(c).
(B) Contents.--The strategic plan developed
under paragraph (1)(C) shall--
(i) specify near-term and long-term
qualitative and quantitative objectives
relating to each focus area described
in section 454(c), including research,
development, demonstration, and
commercial application objectives;
(ii) specify the anticipated
timeframe for achieving the objectives
specified under clause (i);
(iii) include plans for developing
emissions reduction technologies that
are globally cost-competitive;
(iv) identify the public and private
costs of achieving the objectives
specified under clause (i); and
(v) estimate the economic and
employment impact in the United States
of achieving those objectives.
(e) Meetings.--
(1) Frequency.--The Committee shall meet not less
frequently than 2 times per year, at the call of the
Chair.
(2) Initial meeting.--Not later than 30 days after
the date on which the members are appointed under
subsection (b), the Committee shall hold its first
meeting.
(f) Committee Report.--
(1) In general.--Not later than 2 years after the
date of enactment of the CIT Act of 2019, and not less
frequently than once every 3 years thereafter, the
Committee shall submit to the Secretary a report on the
progress of achieving the purposes of the program.
(2) Contents.--The report under paragraph (1) shall
include--
(A) a description of any technology
innovation opportunities identified by the
Committee;
(B) a description of any technology gaps
identified by the Committee under subsection
(d)(1)(B)(ii);
(C) recommendations for improving technology
screening criteria and management of the
program;
(D) an evaluation of the progress of the
program and the research and development funded
under the program;
(E) any recommended changes to the focus
areas of the program described in section
454(c);
(F) a description of the manner in which the
Committee has carried out the duties described
in subsection (d)(1) and any relevant findings
as a result of carrying out those duties;
(G) if necessary, an update to the strategic
plan developed by the Committee under
subsection (d)(1)(C);
(H) the progress made in achieving the goals
set out in that strategic plan;
(I) a review of the management, coordination,
and industry utility of the program;
(J) an assessment of the extent to which
progress has been made under the program in
developing commercial, cost-competitive
technologies in each focus area described in
section 454(c); and
(K) an assessment of the effectiveness of the
program in coordinating efforts within the
Department and with other Federal agencies to
achieve the purposes of the program.
(g) Report to Congress.--Not later than 60 days after
receiving a report from the Committee under subsection (f), the
Secretary shall submit a copy of that report to the Committees
on Appropriations and Science, Space, and Technology of the
House of Representatives, the Committees on Appropriations and
Energy and Natural Resources of the Senate, and any other
relevant Committee of Congress.
(h) Applicability of Federal Advisory Committee Act.--
Except as otherwise provided in this section, the Federal
Advisory Committee Act (5 U.S.C. App.) shall apply to the
Committee.
SEC. 456. TECHNICAL ASSISTANCE PROGRAM TO IMPLEMENT INDUSTRIAL
EMISSIONS REDUCTION.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity''
means--
(A) a State;
(B) a unit of local government;
(C) a territory or possession of the United
States;
(D) a relevant State or local office,
including an energy office;
(E) a tribal organization (as defined in
section 3765 of title 38, United States Code);
(F) an institution of higher education; and
(G) a private entity.
(2) Emissions reduction.--The term ``emissions
reduction'' has the meaning given the term in section
454(a).
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning
given the term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(4) Program.--The term ``program'' means the program
established under subsection (b).
(b) Establishment.--Not later than 180 days after the date
of enactment of the CIT Act of 2019, the Secretary shall
establish a program to provide technical assistance to eligible
entities to carry out an activity described in subsection (c).
(c) Activities Described.--An activity referred to in
subsection (b) is any of the following activities carried out
for the purpose of achieving emissions reduction in nonpower
industrial sectors:
(1) Adopting emissions reduction technologies.
(2) Establishing goals and priorities to accelerate
the development and evaluation of relevant
technologies.
(3) Developing collaborations across States, local
governments, and territories and possessions of the
United States.
(4) Reviewing the appropriate emissions reduction
technologies available for a particular eligible
entity.
(5) Developing a roadmap for implementing emissions
reduction technologies for a particular eligible
entity.
(6) Any other activity determined appropriate by the
Secretary.
(d) Applications.--
(1) In general.--An eligible entity desiring
technical assistance under the program shall submit to
the Secretary an application at such time, in such
manner, and containing such information as the
Secretary may require.
(2) Application process.--The Secretary shall seek
applications for technical assistance under the program
on a periodic basis, but not less frequently than once
every 12 months.
(3) Factors for consideration.--In selecting eligible
entities for technical assistance under the program,
the Secretary shall--
(A) give priority to--
(i) activities carried out with
technical assistance under the program
that have the greatest potential for
achieving emissions reduction in
nonpower industrial sectors;
(ii) activities carried out in a
State in which there are active or
inactive industrial facilities that may
be used or retrofitted to carry out
activities under the focus areas
described in section 454(c); and
(iii) activities carried out in an
economically distressed area (as
described in section 301(a) of the
Public Works and Economic Development
Act of 1965 (42 U.S.C. 3161(a))); and
(B) ensure that--
(i) there is geographic diversity
among the eligible entities selected;
and
(ii) the activities carried out with
technical assistance under the program
reflect a majority of the focus areas
described in section 454(c).
* * * * * * *
AMERICAN ENERGY MANUFACTURING TECHNICAL CORRECTIONS ACT
Public Law 112-210
AN ACT To allow for innovations and alternative technologies that meet
or exceed desired energy efficiency goals, and to make technical
corrections to existing Federal energy efficiency laws to allow
American manufacturers to remain competitive
* * * * * * *
SEC. 6. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY EFFICIENT
TECHNOLOGIES FOR INDUSTRY.
(a) In General.--As part of the research and development
activities of the [Industrial Technologies Program] Advanced
Manufacturing Office of the Department of Energy, the Secretary
of Energy (referred to in this section as the ``Secretary'')
shall establish, as appropriate, collaborative research and
development partnerships with other programs within the [Office
of Energy Efficiency and Renewable Energy (including the
Building Technologies Program), the Office of Electricity
Delivery and Energy Reliability, and the Office of Science]
Department of Energy that--
(1) leverage the research and development expertise
of those programs to promote early stage energy
efficiency technology development;
(2) support the use of innovative manufacturing
processes and applied research for development,
demonstration, and commercialization of new
technologies and processes to improve efficiency
(including improvements in efficient use of water),
reduce emissions, reduce industrial waste, and improve
industrial cost-competitiveness; and
(3) apply the knowledge and expertise of the
[Industrial Technologies Program] Advanced
Manufacturing Office to help achieve the program goals
of the other programs.
(b) Reports.--Not later than 2 years after December 18,
2012, and biennially thereafter, the Secretary shall submit to
Congress a report that describes actions taken to carry out
subsection (a) and the results of those actions.
* * * * * * *
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