42 U.S.C. § 17375 (THE PUBLIC HEALTH AND WELFARE)
§ 17375. Regional clean energy innovation program
(a) Definitions
In this section:
(1) Regional clean energy innovation partnership
The term “regional clean energy innovation partnership” means a group of one or more persons, including a covered consortium, who perform a collection of activities that are coordinated by such covered consortium to carry out the purposes of the program under subsection (c) in a region of the United States.
(2) Covered consortium
The term “covered consortium” means an individual or group of individuals in partnership with a government entity, including a State, territorial, local, or tribal government or unit of such government, and at least 2 or more of the following additional entities—
(A) an institution of higher education or a consortium of institutions of higher education, including community colleges;
(B) a workforce development program;
(C) a private sector entity or group of entities, including a trade or industry association;
(D) a nonprofit organization;
(E) a community group or community-based organization;
(F) a labor organization or joint labor-management organization;
(G) a National Laboratory;
(H) a venture development organization;
(I) a community development financial institution or minority depository institution;
(J) a worker cooperative membership association or state or local employee ownership or cooperative development center;
(K) an organization focused on clean energy technology innovation or entrepreneurship;
(L) a business or clean energy accelerator or incubator;
(M) an economic development organization;
(N) a manufacturing facility or organization;
(O) a multi-institutional collaboration; or
(P) any other entity that the Secretary determines to be relevant.
(3) Program
The term “program” means the Regional Clean Energy Innovation Program authorized in subsection (b).
(4) Institution of higher education
The term “institution of higher education” has the meaning given such term in section 1001 or 1002(a)(1)(B) of title 20.
(5) National Laboratory
The term “National Laboratory” has the meaning given that term in section 15801 of this title.
(6) Clean energy technology
The term “clean energy technology” means a technology that significantly reduces energy use, increases energy efficiency, reduces greenhouse gas emissions, reduces emissions of other pollutants, or mitigates other negative environmental consequences of energy production, transmission or use.
(7) Community-based organization
The term “community-based organization” has the meaning given the term in section 3102 of title 29.
(8) Community college
The term “community college” means—
(A) a public institution of higher education, including additional locations, at which the highest degree, or the predominantly awarded degree, is an associate degree; or
(B) any Tribal college or university (as defined in section 1059c of title 20).
(9) Workforce development program
The term “workforce development program” has the meaning given the term in section 3102 of title 29.
(b) In general
The Secretary shall establish a Regional Clean Energy Innovation Program, a research, development, demonstration, and commercial application program designed to enhance the economic, environmental, and energy security of the United States and accelerate the pace of innovation of diverse clean energy technologies through the formation or support of regional clean energy innovation partnerships.
(c) Purposes of the Program
The purposes of the Program established under subsection (b) are to—
(1) improve the competitiveness of United States’ clean energy technology research, development, demonstration, and commercial application; and
(2) support the development of tools and technologies best suited for use in diverse regions of the United States, including in rural, tribal, and low-income communities.
(d) Regional clean energy innovation partnerships
(1) In general
The Secretary shall competitively award grants to covered consortia to establish or support regional clean energy innovation partnerships that achieve the purposes of the Program in subsection (c).
(2) Permissible activities
Grants awarded under this subsection shall be used for activities determined appropriate by the Secretary to achieve the purposes of the Program in subsection (c), including—
(A) facilitating the commercial application of clean energy products, processes, and services, including through research, development, demonstration, or technology transfer;
(B) planning among participants of a regional clean energy innovation partnership to improve the strategic and cost-effective coordination of the partnership;
(C) improving stakeholder involvement in the development of goals and activities of a regional clean energy innovation partnership;
(D) assessing different incentive mechanisms for clean energy development and commercial application in the region;
(E) hosting events and conferences; and
(F) establishing and updating roadmaps to measure progress on relevant goals, such as those relevant to metrics developed under subsection (g).
(3) Applications
Each application submitted to the Secretary under paragraph (1) may include—
(A) a list of members and roles of members of the covered consortia, as well as any other stakeholders supporting the activities of the regional clean energy innovation partnership;
(B) an assessment of the relevant clean energy innovation assets needed in a region to achieve proposed outcomes, such as education and workforce development programs, research facilities, infrastructure or site development, access to capital, manufacturing capabilities, or other assets;
(C) a description of proposed activities that the regional clean energy innovation partnership plans to undertake and how the proposed activities will achieve the purposes described in subsection (c);
(D) a plan for attracting additional funds and identification of funding sources from non-Federal sources to deliver the proposed outcomes of the regional clean energy innovation partnership;
(E) a plan for partnering and collaborating with community development financial institutions and minority depository institutions, labor organizations and community groups, worker cooperative membership associations, local and state employee ownership and cooperative development centers, and other local institutions in order to promote employee, community, and public ownership in the clean energy sector, and advance models of local economic development that build and retain wealth in the region;
(F) a plan for sustaining activities of the regional clean energy innovation partnership after funds received under this program have been expended; and
(G) a proposed budget, including financial contributions from non-Federal sources.
(4) Considerations
In selecting covered consortia for funding under the Program, the Secretary shall, to the maximum extent practicable—
(A) give special consideration to applications from rural, tribal, and low-income communities; and
(B) ensure that there is geographic diversity among the covered consortia selected to receive funding.
(5) Award amount
Grants given out under this Program shall be in an amount not greater than $10,000,000, with the total grant award in any year less than that in the previous year.
(6) Cost share
For grants that are disbursed over the course of three or more years, the Secretary shall require, as a condition of receipt of funds under this section, that a covered consortium provide not less than 50 percent of the funding for the activities of the regional clean energy partnership under this section for years 3, 4, and 5.
(7) Duration
Each grant under paragraph shall be for a period of not longer than 5 years.
(8) Renewal
A grant awarded under this section may be renewed for a period of not more than 5 years, subject to a rigorous merit review based on the progress of a regional clean energy innovation partnership towards achieving the purposes of the program in subsection (c) and the metrics developed under subsection (g).
(9) Termination
Consistent with the existing authorities of the Department, the Secretary may terminate grant funding under this subsection to covered consortia during the performance period if the Secretary determines that the regional clean energy innovation partnership is underperforming.
(10) Administrative costs
The Secretary may allow a covered consortium that receives funds under this section to allocate a portion of the funding received to be used for administrative or indirect costs.
(11) Funding
The Secretary may accept funds from other Federal agencies to support funding and activities under this section.
(e) Planning funds
The Secretary may competitively award grants in an amount no greater than $2,000,000 for a period not longer than 2 years to an entity consisting of a government entity, including a State, territorial, local, or tribal government or unit of such government or any entity listed under subsection (a)(2) to plan a regional clean energy innovation partnership or establish a covered consortium for the purpose of applying for funds under subsection (b).
(f) Information sharing
As part of the program, the Secretary shall support the gathering, analysis, and dissemination of information on best practices for developing and operating successful regional clean energy innovation partnerships.
(g) Metrics
In evaluating a grant renewal under subsection (d)(8), the Secretary shall work with program evaluation experts to develop and make publicly available metrics to assess the progress of a regional clean energy innovation partnership towards achieving the purposes of the program in subsection (c).
(h) Coordination
In carrying out the program, the Secretary shall coordinate with, and avoid unnecessary duplication of, the activities carried out under this section with the activities of other research entities of the Department or relevant programs at other Federal agencies.
(i) Conflicts of interest
In carrying out the program, the Secretary shall maintain conflict of interest procedures, consistent with the conflict of interest procedures of the Department.
(j) Evaluation by Comptroller General
Not later than 3 years after August 9, 2022, and again 3 years later, the Comptroller General shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an evaluation on the operation of the program during the most recent 3-year period, including—
(1) an assessment of the progress made towards achieving the purposes specified in subsection (c) based on the metrics developed under subsection (g);
(2) the short-term and long-term metrics used to determine the success of the program under subsection (g), and any changes recommended to the metrics used;
(3) the regional clean energy innovation partnerships established or supported by covered consortia that have received grants under subsection (d); and
(4) any recommendations on how the program may be improved.
(k) National Laboratories
In supporting technology transfer activities at the National Laboratories, the Secretary shall encourage partnerships with entities that are located in the same region or State as the National Laboratory.
(l) Security
In carrying out the activities under this section, the Secretary shall ensure proper security controls are in place to protect sensitive information, as appropriate.
(m) No funds for construction
No funds provided to the Department of Energy under this section shall be used for construction.
(n) Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2023 through 2027.
(Pub. L. 110–140, title IX, § 936, as added Pub. L. 117–167, div. B, title VI, § 10622, Aug. 9, 2022, 136 Stat. 1660.)