Energy Technology Maturation Act of 2019

II Calendar No. 178 116TH CONGRESS 1ST SESSION S. 1286 [Report No. 116–76] To amend the Energy Policy Act of 2005 to facilitate the commercialization of energy and related technologies developed at Department of Energy facilities with promising commercial potential. IN THE SENATE OF THE UNITED STATES MAY 2, 2019 Mr. HEINRICH (for himself, Mr. GARDNER, Mr. MANCHIN, Mr. DURBIN, Ms. HARRIS, and Mr. BENNET) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources AUGUST 16, 2019 Reported under authority of the order of the Senate of August 1, 2019, by Ms. MURKOWSKI, without amendment A BILL To amend the Energy Policy Act of 2005 to facilitate the commercialization of energy and related technologies de- veloped at Department of Energy facilities with prom- ising commercial potential. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 20:51 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1286.RS S1286 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1286 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Energy Technology 2 Maturation Act of 2019’’. 3 SEC. 2. ENERGY TECHNOLOGY MATURATION PROGRAM. 4 (a) IN GENERAL.—Title X of the Energy Policy Act 5 of 2005 (42 U.S.C. 16391 et seq.) is amended by adding 6 at the end the following: 7 ‘‘SEC. 1012. ENERGY TECHNOLOGY MATURATION PROGRAM. 8 ‘‘(a) DEFINITIONS.—In this section: 9 ‘‘(1) DEPARTMENT FACILITY.—The term ‘De- 10 partment facility’ includes— 11 ‘‘(A) a National Laboratory; 12 ‘‘(B) any plant or site of the Department 13 (such as the Kansas City National Security 14 Campus, the Nevada National Security Site, the 15 Pantex Plant, and the Y–12 National Security 16 Complex); and 17 ‘‘(C) any partnership of entities described 18 in subparagraphs (A) and (B). 19 ‘‘(2) PROGRAM.—The term ‘program’ means 20 the Energy Technology Maturation Program estab- 21 lished under subsection (b). 22 ‘‘(b) ESTABLISHMENT.—The Secretary shall estab- 23 lish a program, to be known as the ‘Energy Technology 24 Maturation Program’, under which the Secretary shall 25 provide funding to Department facilities to facilitate the 26 VerDate Sep 11 2014 20:51 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1286.RS S1286 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1286 RS commercialization of energy and related technologies 1 that— 2 ‘‘(1) exhibit promising commercial potential; 3 and 4 ‘‘(2) are developed at Department facilities. 5 ‘‘(c) USE OF FUNDS.—A Department facility shall 6 use funding provided under the program— 7 ‘‘(1) to carry out additional development activi- 8 ties on any technology developed at the Department 9 facility to advance the state of the technology to the 10 degree that a private sector partner would be inter- 11 ested in supporting commercialization of the tech- 12 nology; or 13 ‘‘(2) in any case in which a private sector part- 14 ner has been identified and the identified private 15 sector partner has executed or will execute a tech- 16 nology partnership agreement, to support coopera- 17 tive development of a technology developed at the 18 Department facility for a specific commercial appli- 19 cation of the technology. 20 ‘‘(d) APPLICATIONS.— 21 ‘‘(1) IN GENERAL.—To be eligible to receive 22 funding under the program, a Department facility 23 shall submit to the Secretary an application at such 24 VerDate Sep 11 2014 20:51 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1286.RS S1286 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 1286 RS time, in such manner, and containing such informa- 1 tion as the Secretary may require. 2 ‘‘(2) INCLUSIONS.—An application under this 3 subsection shall— 4 ‘‘(A) include a description of— 5 ‘‘(i) the potential impact on markets if 6 the applicable technology is successfully 7 commercialized; 8 ‘‘(ii) the intended accomplishments of 9 the project proposed to be carried out 10 using the funding with respect to advanc- 11 ing the maturity and commercial potential 12 of the applicable technology; and 13 ‘‘(iii) a project plan, including a de- 14 scription of each activity required to be 15 carried out to accomplish the specific ob- 16 jectives of the project; and 17 ‘‘(B) demonstrate to the satisfaction of the 18 Secretary that each Department facility and 19 private sector partner involved in the proposed 20 project, and any other resource required to 21 carry out the project, is qualified and capable 22 of successfully completing, and is available to 23 complete, the project, including a description of 24 VerDate Sep 11 2014 20:51 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1286.RS S1286 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 1286 RS the roles and responsibilities proposed to be 1 carried out. 2 ‘‘(3) MULTIPLE PROJECTS.—A Department fa- 3 cility may submit to the Secretary an application for 4 1 or more technology maturation projects under the 5 program. 6 ‘‘(4) APPROVAL BY SECRETARY.— 7 ‘‘(A) IN GENERAL.—The Secretary shall 8 develop criteria for evaluating applications 9 under this subsection, which may include— 10 ‘‘(i) the potential that a proposed 11 technology will result in a commercially 12 successful product within a reasonable 13 timeframe; 14 ‘‘(ii) the relative maturity of a pro- 15 posed technology for commercial applica- 16 tion; and 17 ‘‘(iii) the proposed technical approach 18 and capability of the Department facilities 19 and private sector partners to successfully 20 implement a project. 21 ‘‘(B) PRIORITY.—In selecting applicants to 22 receive funding under the program, the Sec- 23 retary shall give priority to an application sub- 24 mitted by a partnership between— 25 VerDate Sep 11 2014 20:51 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1286.RS S1286 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 1286 RS ‘‘(i) a Department facility; and 1 ‘‘(ii) a small business concern. 2 ‘‘(e) AMOUNT OF FUNDING.—The amount provided 3 to a recipient for a technology maturation project funded 4 under the program shall be not more than— 5 ‘‘(1) $150,000 for an activity described in sub- 6 section (c)(1); and 7 ‘‘(2) $750,000 for an activity described in sub- 8 section (c)(2). 9 ‘‘(f) COST-SHARING REQUIREMENTS.—The cost- 10 sharing requirements of the program, including require- 11 ments relating to in-kind contributions, shall be deter- 12 mined by the Secretary in accordance with section 988. 13 ‘‘(g) FUNDING.—The Secretary may use to carry out 14 the program— 15 ‘‘(1) amounts in the Energy Technology Com- 16 mercialization Fund established under section 17 1001(e); or 18 ‘‘(2) any other amounts made available to sup- 19 port technology transfer within the Department. 20 ‘‘(h) ANNUAL REPORT.—The Secretary shall include 21 in the annual report required under section 1001(h)(2) a 22 description of the results of the technology maturation 23 projects carried out under the program.’’. 24 VerDate Sep 11 2014 20:51 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1286.RS S1286 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 1286 RS (b) TABLE OF CONTENTS.—The table of contents of 1 the Energy Policy Act of 2005 (Public Law 109–58; 119 2 Stat. 594) is amended by adding at the end of the items 3 relating to title X the following: 4 ‘‘Sec. 1012. Energy Technology Maturation Program.’’. VerDate Sep 11 2014 20:51 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6211 E:\BILLS\S1286.RS S1286 pamtmann on DSKBFK8HB2PROD with BILLS Calendar No. 178 116TH CONGRESS 1ST SESSION S. 1286 [Report No. 116–76] A BILL To amend the Energy Policy Act of 2005 to facili- tate the commercialization of energy and related technologies developed at Department of Energy facilities with promising commercial potential. AUGUST 16, 2019 Reported without amendment VerDate Sep 11 2014 20:51 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\S1286.RS S1286 pamtmann on DSKBFK8HB2PROD with BILLS