180 
U.S.C. 17151(3)(A)(i)(II)) is amended by striking ‘‘and’’ 
after the semicolon at the end and inserting ‘‘or’’. 
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section take effect as if included in 
the Energy Independence and Security Act of 2007 (Pub-
lic Law 110–140; 121 Stat. 1492). 
SEC. 162. TECHNICAL CORRECTIONS TO ENERGY POLICY 
ACT OF 2005. 
(a) 
TITLE
I—ENERGY
EFFICIENCY.—Section 
325(g)(8)(C)(ii) of the Energy Policy and Conservation 
Act (42 U.S.C. 6295(g)(8)(C)(ii)) (as added by section 
135(c)(2)(B) of the Energy Policy Act of 2005) is amend-
ed by striking ‘‘20°F’’ and inserting ‘‘¥20°F’’. 
(b) EFFECTIVE DATE.—This section and the amend-
ments made by this section take effect as if included in 
the Energy Policy Act of 2005 (Public Law 109–58; 119 
Stat. 594). 
Subtitle H—Clean Energy 
Innovation Centers 
SEC. 171. CLEAN ENERGY INNOVATION CENTERS. 
(a) PURPOSE.—The Secretary shall carry out a pro-
gram to establish Clean Energy Innovation Centers to en-
hance the Nation’s economic, environmental, and energy 
security by promoting commercial deployment of clean, in-
digenous energy alternatives to oil and other fossil fuels, 
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reducing greenhouse gas emissions, and ensuring that the 
United States maintains a technological lead in developing 
and deploying state-of-the-art energy technologies. To 
achieve these purposes the program shall— 
(1) leverage the expertise and resources of the 
university and private research communities, indus-
try, venture capital, national laboratories, and other 
participants in energy innovation to support cross- 
disciplinary research and development in areas not 
being served by the private sector in order to develop 
and transfer innovative clean energy technologies 
into the marketplace; 
(2) expand the knowledge base and human cap-
ital necessary to transition to a low-carbon economy; 
and 
(3) promote regional economic development by 
cultivating clusters of clean energy technology firms, 
private research organizations, suppliers, and other 
complementary groups and businesses. 
(b) DEFINITIONS.—For purposes of this section: 
(1) 
ALLOWANCE.—The 
term 
‘‘allowance’’ 
means an emission allowance under section 721 of 
the Clean Air Act. 
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(2) CENTER.—The term ‘‘Center’’ means a 
Clean Energy Innovation Center established in ac-
cordance with this section. 
(3) CLEAN ENERGY TECHNOLOGY.—The term 
‘‘clean energy technology’’ means a technology 
that— 
(A) produces energy from solar, wind, geo-
thermal, biomass, tidal, wave, ocean, and other 
renewable energy resources (as such term is de-
fined in section 610 of the Public Utility Regu-
latory Policies Act of 1978); 
(B) more efficiently transmits, distributes, 
or stores energy; 
(C) enhances energy efficiency for build-
ings and industry, including combined heat and 
power; 
(D) enables the development of a Smart 
Grid (as described in section 1301 of the En-
ergy Independence and Security Act of 2007 
(42 U.S.C. 17381)), including integration of re-
newable energy resources and distributed gen-
eration, demand response, demand side man-
agement, and systems analysis; 
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(E) produces an advanced or sustainable 
material with energy or energy efficiency appli-
cations; 
(F) enhances water security through im-
proved water management, conservation, dis-
tribution, and end use applications; or 
(G) improves energy efficiency for trans-
portation, including electric vehicles. 
(4) CLUSTER.—The term ‘‘cluster’’ means a 
concentration of firms directly involved in the re-
search, development, finance, and commercialization 
of clean energy technologies whose geographic prox-
imity facilitates utilization and sharing of skilled 
human resources, infrastructure, research facilities, 
educational and training institutions, venture cap-
ital, and input suppliers. 
(5) PROJECT.—The term ‘‘project’’ means an 
activity with respect to which a Center provides sup-
port under subsection (e). 
(6) QUALIFYING
ENTITY.—The term ‘‘quali-
fying entity’’ means each of the following: 
(A) A research university. 
(B) A State institution with a focus on the 
advancement of clean energy technologies. 
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(C) A nongovernmental organization with 
research or commercialization expertise in clean 
energy technology development. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(8) TECHNOLOGY
FOCUS.—The term ‘‘tech-
nology focus’’ means the unique technology area in 
which a Center will specialize, and may include solar 
electricity, fuels from solar energy, batteries and en-
ergy storage, electricity grid systems and devices, en-
ergy efficient building systems and design, advanced 
materials, modeling and simulation, and other clean 
energy technology areas designated by the Secretary. 
(9) TRANSLATIONAL
RESEARCH.—The term 
‘‘translational research’’ means clean energy tech-
nology research to coordinate basic or applied re-
search with technical and commercial applications to 
enable promising discoveries or inventions to attract 
investment sufficient for market penetration and dif-
fusion. 
(c) ROLE
OF
THE
SECRETARY.—The Secretary 
shall— 
(1) have ultimate responsibility for, and over-
sight of, all aspects of the program under this sec-
tion; 
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(2) provide for the distribution of allowances to 
consortia for the establishment of 8 Centers pursu-
ant to this section, with each Center designated a 
unique technology focus area; 
(3) coordinate the innovation activities of Cen-
ters with those occurring through other Department 
of Energy entities, including the National Labora-
tories, the Advanced Research Projects Agency—En-
ergy, and Energy Frontier Research Centers, and 
within industry, and to avoid duplication of research, 
by annually— 
(A) issuing guidance regarding national 
energy research and development priorities and 
strategic objectives; and 
(B) convening a conference of staff of the 
Department of Energy and representatives from 
such other entities to share research results, 
program plans, and opportunities for collabora-
tion. 
(d) CONSORTIUM.—A consortium shall be eligible to 
receive allowances to support the establishment of a Cen-
ter under this section if— 
(1) it is composed of— 
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(A) 2 research universities with a com-
bined annual research budget of $500,000,000; 
and 
(B) no fewer than 1 additional qualifying 
entity; 
(2) its members have established a binding 
agreement that documents— 
(A) the structure of the partnership agree-
ment; 
(B) the governance and management 
structure to enable cost-effective implementa-
tion of the program; 
(C) an intellectual property management 
policy; 
(D) conflicts of interest policy consistent 
with subsection (e)(4); 
(E) an accounting structure that meets the 
requirements of the Department and can be au-
dited under subsection (f)(3); and 
(F) has an Advisory Board consistent with 
subsection (e)(3); 
(3) it receives financial contributions from 
States, consortium participants, or other non-Fed-
eral sources, to be used pursuant to subsection 
(e)(2); 
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(4) it is part of an existing cluster or dem-
onstrates high potential to develop a new cluster; 
and 
(5) it operates as a nonprofit organization. 
(e) CLEAN ENERGY INNOVATION CENTERS.— 
(1) ROLE.—Centers shall provide support to ac-
tivities leading to commercial deployment of clean 
energy technologies pursuant to the purposes of this 
section through issuance of awards to projects man-
aged by qualifying entities and other entities meet-
ing the Center’s project criteria, including national 
laboratories. Each Center shall— 
(A) develop and publish for public review 
and comment proposed plans, programs, and 
project selection criteria; 
(B) submit an annual report to the Sec-
retary summarizing the Center’s activities, or-
ganizational expenditures, and Board members, 
which shall include a certification of compliance 
with conflict of interest policies and a descrip-
tion of each project in the research portfolio; 
(C) establish policies— 
(i) regarding intellectual property de-
veloped as a result of Center awards and 
other forms of technology support that en-
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courage individual ingenuity and invention 
while speeding knowledge transfer and fa-
cilitating the establishment of rapid com-
mercialization pathways; 
(ii) to prevent resources provided to 
the Center from being used to displace pri-
vate sector investment likely to otherwise 
occur, including investment from private 
sector entities which are members of the 
consortium; 
(iii) to facilitate the participation of 
private investment firms or other private 
entities that invest in clean energy tech-
nologies to perform due diligence on award 
proposals, to participate in the award re-
view process, and to provide guidance to 
projects supported by the Center; and 
(iv) to facilitate the participation of 
entrepreneurs with a demonstrated history 
of commercializing clean energy tech-
nologies; 
(D) oversee project solicitations, review 
proposed projects, and select projects for 
awards; and 
(E) monitor project implementation. 
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(2) USE
AND
DISTRIBUTION
OF
AWARDS
BY 
CENTERS.—A Center shall allocate awards and other 
support for— 
(A) clean energy technology projects con-
ducting translational research and related ac-
tivities, at least 40 percent of which shall be 
utilized for projects related to the Center’s tech-
nology focus; and 
(B) administrative expenses, which may 
constitute no more than 10 percent of the 
award. 
(3) ADVISORY BOARDS.— 
(A) IN GENERAL.—Each Center shall es-
tablish an Advisory Board whose members shall 
have extensive and relevant scientific, technical, 
industry, financial, or research management ex-
pertise. The Advisory Board shall review the 
Center’s proposed plans, programs, project se-
lection criteria, and projects and shall ensure 
that projects selected for awards meet the con-
flict of interest policies of the Center. Advisory 
Board members other than those representing 
consortium members shall serve for no more 
than three years and must comply with conflict 
of interest provisions. 
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(B) MEMBERS.—Each Advisory Board 
shall consist of— 
(i) 5 members selected by the consor-
tium’s research universities; 
(ii) 2 members selected by the consor-
tium’s other qualifying entities; and 
(iii) 2 members selected at large by 
other Board members to represent the en-
trepreneur and venture capital commu-
nities. 
Individuals appointed under clause (iii) shall 
not be State or Federal employees or affiliated 
with the consortium’s qualified entities. 
(C) NONVOTING
MEMBERS.—The Board 
shall also include 1 nonvoting member ap-
pointed by the Secretary. 
(D) COMPENSATION.—Members of an Ad-
visory Board may receive reimbursement for 
travel expenses and a reasonable stipend. 
(4) CONFLICT OF INTEREST.— 
(A) PROCEDURES.—Centers shall establish 
procedures to ensure that employees or con-
sortia designees for Center activities who are in 
decisionmaking capacities shall— 
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(i) disclose any financial interests in, 
or financial relationships with, applicants 
for or recipients of awards under para-
graph (1), including those of his or her 
spouse or minor child, unless such relation-
ships or interests would be considered to 
be remote or inconsequential; and 
(ii) recuse himself or herself from any 
funding decision for projects in which he 
or she has a personal financial interest. 
(B) 
DISQUALIFICATION
AND
REVOCA-
TION.—The Secretary may disqualify an appli-
cation or revoke allowances distributed to the 
Center or awards provided under paragraph 
(1), if cognizant officials of the Center fail to 
comply with procedures required under sub-
paragraph (A). 
(f) DISTRIBUTION OF ALLOWANCES TO CLEAN EN-
ERGY INNOVATION CENTERS.— 
(1) SELECTION AND SCHEDULE.—Allowances to 
support the establishment of a Center shall be dis-
tributed through a competitive process. Not later 
than 120 days after the date of enactment of this 
Act, the Secretary shall solicit proposals from eligi-
ble consortia to establish Centers, which shall be 
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submitted not later than 180 days after the date of 
enactment of this Act. The Secretary shall select the 
program consortia not later than 270 days after the 
date of enactment of this Act pursuant to subsection 
(d). The Secretary shall award 3 grants for the es-
tablishment of 3 Centers of Excellence to be located 
on the campus of 1890 Land Grant Institution (as 
defined in section 2 of the Agricultural Research, 
Extension, and Education Reform Act of 1998 (7 
U.S.C. 7061)). 
(2) TERM AND USE OF ALLOWANCES.—Allow-
ances distributed to Centers shall be used to provide 
awards pursuant to subsection (e)(1). The amount 
of allowances distributed to support the establish-
ment of a Center under this section shall not be less 
than 10 and not more than 30 percent of the allow-
ances allocated under section 782(h) of the Clean 
Air Act, each year for a 6 year period. Centers shall 
be eligible to compete for additional allowance dis-
tribution after the expiration of the initial period. 
Centers shall establish award periods for individual 
awards. The transfer of allowances to a Center shall 
occur at the start of each calendar year. 
(3) AUDIT.—Each Center shall conduct an an-
nual audit to determine the extent to which allow-
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ances distributed to the Center, and awards under 
subsection (e) have been utilized in a manner con-
sistent with this section. The auditor shall transmit 
a report of the results of the audit to the Secretary 
and to the Government Accountability Office. The 
Secretary shall include such report in the annual re-
port to Congress, along with a plan to remedy any 
deficiencies cited in the report. The Government Ac-
countability Office may review such audits as appro-
priate and shall have full access to the books, 
records, and personnel of the Center to ensure that 
allowances distributed to the Center, and awards 
made under subsection (e), have been utilized in a 
manner consistent with this section. 
Subtitle I—Marine Spatial 
Planning 
SEC. 181. STUDY OF OCEAN RENEWABLE ENERGY AND 
TRANSMISSION PLANNING AND SITING. 
(a) DEFINITIONS.—In this section: 
(1) MARINE SPATIAL PLAN.—The term ‘‘marine 
spatial plan’’ means the analysis and allocation of 
ocean space for various uses to achieve ecological, 
economic, and social objectives, based on the prin-
ciple of ecosystem-based management. 
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(2) MARINE
SPATIAL
PLANNING.—The term 
‘‘marine spatial planning’’ means the process of de-
veloping a marine spatial plan. 
(3) 
ECOSYSTEM-BASED
MANAGEMENT.—The 
term ‘‘ecosystem-based management’’ means a man-
agement approach that ensures the future ecological 
and economic sustainability of natural resources 
by— 
(A) accounting for all ecosystem inter-
actions and direct, indirect, and cumulative im-
pacts of human activities on the ecosystem; 
(B) emphasizing protection of ecosystem 
structure, functions, patterns, and processes; 
and 
(C) maintaining ecosystems in a healthy 
and resilient condition. 
(4) OFFSHORE
RENEWABLE
ENERGY.—The 
term ‘‘offshore renewable energy’’ means energy 
generated 
from 
offshore 
wind 
or 
offshore 
hydrokinetic (wave, tidal, ocean current, and tidal- 
current) energy technologies. 
(5) OFFSHORE
RENEWABLE
ENERGY
FACIL-
ITY.—The term ‘‘offhsore renewable energy facility’’ 
means a facility that generates offshore renewable 
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energy or any offshore transmission line associated 
with such facility. 
(b) STUDY.— 
(1) IN GENERAL.—As soon as practicable after 
the date of enactment of this section, the Federal 
Energy Regulatory Commission, the Secretary of the 
Interior, and the National Oceanic and Atmospheric 
Administration, in consultation with the Council on 
Environmental Quality and, as appropriate, coastal 
States, regional organizations of coastal States, and 
relevant nongovernmental organizations, shall jointly 
conduct a study of the potential for marine spatial 
planning to facilitate the development of offshore re-
newable energy facilities in a manner that protects 
and maintains coastal and marine ecosystem health. 
(2) REQUIREMENTS.—The study under para-
graph (1) shall include— 
(A) identification of the steps involved in 
regional marine spatial planning for the siting 
of offshore renewable energy facilities; 
(B) a recommended approach for the de-
velopment of regional marine spatial plans for 
the siting of offshore renewable energy facilities 
that provides for— 
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‘‘(ii) for commercial codes— 
‘‘(I) commercial building stand-
ards proposed by ASHRAE; 
‘‘(II) commercial building codes 
proposed in the International Energy 
Conservation Code (IECC); 
‘‘(III) the Core Performance Cri-
teria published by the New Buildings 
Institute; 
‘‘(IV) data and information de-
veloped by the Director of the Com-
mercial 
High-Performance 
Green 
Building Office of the Department of 
Energy and any public-private part-
nerships established under that Office; 
‘‘(V) data and information from 
the Energy Star for Buildings pro-
gram; 
‘‘(VI) data and information from 
the 
New 
Building 
Institute, 
RESNET, and similar organizations; 
and 
‘‘(VII) standards for practices 
and materials to achieve cool roofs in 
commercial buildings, taking into con-
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