42 U.S.C. § 13316 : US Code - Section 13316: Innovative renewable energy technology transfer program

Search 42 U.S.C. § 13316 : US Code - Section 13316: Innovative renewable energy technology transfer program

(a) Establishment of program
The Secretary, through the Agency for International Development,
and in consultation with the other members of the interagency
working group established under section 6276(d) of this title (in
this section referred to as the "interagency working group"), shall
establish a renewable energy technology transfer program to carry
out the purposes described in subsection (b) of this section.
Within 150 days after October 24, 1992, the Secretary and the
Administrator of the Agency for International Development shall
enter into a written agreement to carry out this section. The
agreement shall establish a procedure for resolving any disputes
between the Secretary and the Administrator regarding the
implementation of specific projects. With respect to countries not
assisted by the Agency for International Development, the Secretary
may enter into agreements with other appropriate Federal agencies.
If the Secretary and the Administrator, or the Secretary and an
agency described in the previous sentence, are unable to reach an
agreement, each shall send a memorandum to the President outlining
an appropriate agreement. Within 90 days after receipt of either
memorandum, the President shall determine which version of the
agreement shall be in effect. Any agreement entered into under this
subsection shall be provided to the appropriate committees of the
Congress and made available to the public.
(b) Purposes of program
The purposes of the technology transfer program under this
section are to -
(1) reduce the United States balance of trade deficit through
the export of United States renewable energy technologies and
technological expertise;
(2) retain and create manufacturing and related service jobs in
the United States;
(3) encourage the export of United States renewable energy
technologies, including services related thereto, to those
countries that have a need for developmentally sound facilities
to provide energy derived from renewable resources;
(4) develop markets for United States renewable energy
technologies to be utilized in meeting the energy and
environmental requirements of foreign countries;
(5) better ensure that United States participation in energy-
related projects in foreign countries includes participation by
United States firms as well as utilization of United States
technologies that have been developed or demonstrated in the
United States through publicly or privately funded demonstration
programs;
(6) ensure the introduction of United States firms and
expertise in foreign countries;
(7) provide financial assistance by the Federal Government to
foster greater participation by United States firms in the
financing, ownership, design, construction, or operation of
renewable energy technology projects in foreign countries;
(8) assist foreign countries in meeting their energy needs
through the use of renewable energy in an environmentally
acceptable manner, consistent with sustainable development
policies; and
(9) assist United States firms, especially firms that are in
competition with firms in foreign countries, to obtain
opportunities to transfer technologies to, or undertake projects
in, foreign countries.
(c) Identification
Pursuant to the agreements required by subsection (a) of this
section, the Secretary, through the Agency for International
Development, and after consultation with the interagency working
group, United States firms, and representatives from foreign
countries, shall develop mechanisms to identify potential energy
projects in host countries, and shall identify a list of such
projects within 240 days after October 24, 1992, and periodically
thereafter.
(d) Financial mechanisms
(1) Pursuant to the agreements under subsection (a) of this
section, the Secretary, through the Agency for International
Development, shall -
(A) establish appropriate financial mechanisms to increase the
participation of United States firms in energy projects utilizing
United States renewable energy technologies, and services related
thereto, in developing countries;
(B) utilize available financial assistance authorized by this
section to counterbalance assistance provided by foreign
governments to non-United States firms; and
(C) provide financial assistance to support projects.
(2) The financial assistance authorized by this section may be -
(A) provided in combination with other forms of financial
assistance, including non-United States funding that is available
to the project; and
(B) utilized to assist United States firms in the development
of innovative financing packages for renewable energy technology
projects that utilize other financial assistance programs
available through the Federal Government.
(3) United States obligations under the Arrangement on Guidelines
for Officially Supported Export Credits established through the
Organization for Economic Cooperation and Development shall be
applicable to this section.
(e) Solicitations for project proposals
(1) Pursuant to the agreements under subsection (a) of this
section, the Secretary, through the Agency for International
Development, within one year after October 24, 1992, and
subsequently as appropriate thereafter, shall solicit proposals
from United States firms for the design, construction, testing, and
operation of the project or projects identified under subsection
(c) of this section which propose to utilize a United States
renewable energy technology. Each solicitation under this section
shall establish a closing date for receipt of proposals.
(2) The solicitation under this subsection shall, to the extent
appropriate, be modeled after the RFP No. DE-PS01-90FE62271 Clean
Coal Technology IV, as administered by the Department of Energy.
(3) Any solicitation made under this subsection shall include the
following requirements:
(A) The United States firm that submits a proposal in response
to the solicitation shall have an equity interest in the proposed
project.
(B) The project shall utilize a United States renewable energy
technology, including services related thereto, in meeting the
applicable energy and environmental requirements of the host
country.
(C) Proposals for projects shall be submitted by and undertaken
with a United States firm, although a joint venture or other
teaming arrangement with a non-United States manufacturer or
other non-United States entity is permissible.
(f) Assistance to United States firms
Pursuant to the agreements under subsection (a) of this section,
the Secretary, through the Agency for International Development,
and in consultation with the interagency working group, shall
establish a procedure to provide financial assistance to United
States firms under this section for a project identified under
subsection (c) of this section where solicitations for the project
are being conducted by the host country or by a multilateral
lending institution.
(g) Other program requirements
Pursuant to the agreements under subsection (a) of this section,
the Secretary, through the Agency for International Development,
and in consultation with the working group, shall -
(1) establish eligibility criteria for host countries;
(2) periodically review the energy needs of such countries and
export opportunities for United States firms for the development
of projects in such countries;
(3) consult with government officials in host countries and, as
appropriate, with representatives of utilities or other entities
in host countries, to determine interest in and support for
potential projects; and
(4) determine whether each project selected under this section
is developmentally sound, as determined under the criteria
developed by the Development Assistance Committee of the
Organization for Economic Cooperation and Development.
(h) Selection of projects
(1) Pursuant to the agreements under subsection (a) of this
section, the Secretary, through the Agency for International
Development, shall, not later than 120 days after receipt of
proposals in response to a solicitation under subsection (e) of
this section, select one or more proposals under this section.
(2) In selecting a proposal under this section, the Secretary,
through the Agency for International Development, shall consider -
(A) the ability of the United States firm, in cooperation with
the host country, to undertake and complete the project;
(B) the degree to which the equipment to be included in the
project is designed and manufactured in the United States;
(C) the long-term technical and competitive viability of the
United States technology, and services related thereto, and the
ability of the United States firm to compete in the development
of additional energy projects using such technology in the host
country and in other foreign countries;
(D) the extent of technical and financial involvement of the
host country in the project;
(E) the extent to which the proposed project meets the purposes
stated in section 13311(b) (!1) of this title;
(F) the extent of technical, financial, management, and
marketing capabilities of the participants in the project, and
the commitment of the participants to completion of a successful
project in a manner that will facilitate acceptance of the United
States technology for future application; and
(G) such other criteria as may be appropriate.
(3) In selecting among proposed projects, the Secretary shall
seek to ensure that, relative to otherwise comparable projects in
the host country, a selected project will meet 1 or more of the
following criteria:
(A) It will reduce environmental emissions to an extent greater
than required by applicable provisions of law.
(B) It will make greater use of indigenous renewable energy
resources.
(C) It will be a more cost-effective technological alternative,
based on life cycle capital and operating costs per unit of
energy produced and, where applicable, costs per unit of product
produced.
Priority in selection shall be given to those projects which, in
the judgment of the Secretary, best meet one or more of these
criteria.
(i) United States-Asia Environmental Partnership
Activities carried out under this section shall be coordinated
with the United States-Asia Environmental Partnership.
(j) Buy America
In carrying out this section, the Secretary, through the Agency
for International Development, and pursuant to the agreements under
subsection (a) of this section, shall ensure -
(1) the maximum percentage, but in no case less than 50
percent, of the cost of any equipment furnished in connection
with a project authorized under this section shall be
attributable to the manufactured United States components of such
equipment; and
(2) the maximum participation of United States firms.
In determining whether the cost of United States components equals
or exceeds 50 percent, the cost of assembly of such United States
components in the host country shall not be considered a part of
the cost of such United States component.
(k) Reports to Congress
The Secretary and the Administrator of the Agency for
International Development shall report annually to the Committee on
Energy and Natural Resources of the Senate and the appropriate
committees of the House of Representatives on the progress being
made to introduce renewable energy technologies into foreign
countries.
(l) Definitions
For purposes of this section -
(1) the term "host country" means a foreign country which is -
(A) the participant in or the site of the proposed renewable
energy technology project; and
(B) either -
(i) classified as a country eligible to participate in
development assistance programs of the Agency for
International Development pursuant to applicable law or
regulation; or
(ii) a developing country.
(2) the term "developing country" includes, but is not limited
to, countries in Central and Eastern Europe or in the independent
states of the former Soviet Union.
(m) Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry
out the program required by this section, $100,000,000 for each of
the fiscal years 1993, 1994, 1995, 1996, 1997, and 1998.