The Energy Independence and Security Act of 2007 Innovation Inducement Prizes

On December 19, 2007, the The Energy Independence and Security Act of 2007 was enacted as Public Law 110-140. The Act created two new innovation inducement prizes to stimulate innovation in the field of energy:

  • The H-Prize, which is designed to advance the research, development, demonstration, and commercial application of hydrogen energy technologies.
  • The Bright Tomorrow Lighting Prizes, which deal with energy efficient solid state lighting.

Both prizes funds are restricted to U.S. firms or individuals who are U.S. citizens or permanent lawful residents. The H-Prizes prevents the U.S. government from requiring ownership or licenses of intellectual property as a condition of the competition. The Bright Tomorrow Lighting Prizes are silent on this issue.

The H-Prizes are administered by the Hydrogen Education Foundation (HEF). Additional information is available here: http://hydrogenprize.org/

The Bright Tomorrow Lighting Prizes are administred by the Department of Energy, in cooperation with several corporate and government "partners," and is renamed the L-Prize. More information about the L-Prize(s) is available here: http://www.lightingprize.org/

The H-Prize

Section 654 added a new section (f) to 42 U.S.C. 16396

42 U.S.C. 16396 (f),

TITLE 42 CHAPTER 149 SUBCHAPTER X § 16396. Prizes for achievement in grand challenges of science and technology
(f) H-prize

The Act created a series of prize funds, with catagories for pirzes that included:

  • (i) advancements in technologies, components, or systems related to—
    • (I) hydrogen production;
    • (II) hydrogen storage;
    • (III) hydrogen distribution; and
    • (IV) hydrogen utilization;
  • (ii) prototypes of hydrogen-powered vehicles or other hydrogen-based products that best meet or exceed objective performance criteria, such as completion of a race over a certain distance or terrain or generation of energy at certain levels of efficiency; and
  • (iii) transformational changes in technologies for the distribution or production of hydrogen that meet or exceed far-reaching objective criteria, which shall include minimal carbon emissions and which may include cost criteria designed to facilitate the eventual market success of a winning technology.

The H-Prize competition is restricted to entities incorporated in and maintaining a primary place of business in the United States, or individuals who are citizens or lawful aliens who are admitted for permanent residence in the United States.

Of interest in the H-Prize is that it must be administered by a private non-profit entity, and the taxpayers are not entitited to acquire any intellectual property rights as a condition of participating in the competition.

(4) Intellectual property
The Federal Government shall not, by virtue of offering or awarding a prize under this subsection, be entitled to any intellectual property rights derived as a consequence of, or direct relation to, the participation by a registered participant in a competition authorized by this subsection. This paragraph shall not be construed to prevent the Federal Government from negotiating a license for the use of intellectual property developed for a prize competition under this subsection.

The private non-profit entity chosen to administer the H-Prize is the Hydrogen Education Foundation (HEF), the charitable, education-focused arm of the National Hydrogen Association (NHA). The HEF web page on the H-Prize is here: http://hydrogenprize.org/

Bright Tomorrow Lighting Prizes.

Section 655 added 42 USC 17243, which created the Bright Tomorrow Lighting Prizes program.

This included initial funding and authority for the following prizes:

  1. $10 million, for the 60-Watt Incandescent Replacement Lamp Prize
  2. $5 million, for the PAR Type 38 Halogen Replacement Lamp Prize
  3. $ 5 million, for the Twenty-First Century Lamp Prize

The Bright Tomorrow Lighting Prizes legislation was silent on the issue of intellectual property rights. The prizes are restricted to private entities incorporated in and maintaining a primary place of business in the United States; or to individuals who are a citizen or lawful permanent resident of the United States.

PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1701

SEC. 655. BRIGHT TOMORROW LIGHTING PRIZES.

(a) ESTABLISHMENT.—Not later than 1 year after the date of
enactment of this Act, as part of the program carried out under
section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396),
the Secretary shall establish and award Bright Tomorrow Lighting
Prizes for solid state lighting in accordance with this section.
(b) PRIZE SPECIFICATIONS.—

(1) 60-WATT INCANDESCENT REPLACEMENT LAMP PRIZE.—

The Secretary shall award a 60-Watt Incandescent Replacement
Lamp Prize to an entrant that produces a solid-state-light
package simultaneously capable of—
(A) producing a luminous flux greater than 900 lumens;
(B) consuming less than or equal to 10 watts;
(C) having an efficiency greater than 90 lumens per
watt;
(D) having a color rendering index greater than 90;
(E) having a correlated color temperature of not less
than 2,750, and not more than 3,000, degrees Kelvin;
(F) having 70 percent of the lumen value under
subparagraph (A) exceeding 25,000 hours under typical
conditions expected in residential use;
(G) having a light distribution pattern similar to a
soft 60-watt incandescent A19 bulb;
(H) having a size and shape that fits within the maximum
dimensions of an A19 bulb in accordance with American
National Standards Institute standard C78.20–2003,
figure C78.20–211;
(I) using a single contact medium screw socket; and
(J) mass production for a competitive sales commercial
market satisfied by producing commercially accepted
quality control lots of such units equal to or exceeding
the criteria described in subparagraphs (A) through (I).

(2) PAR TYPE 38 HALOGEN REPLACEMENT LAMP PRIZE.—

The Secretary shall award a Parabolic Aluminized Reflector
Type 38 Halogen Replacement Lamp Prize (referred to in this
section as the ‘‘PAR Type 38 Halogen Replacement Lamp Prize’’)
to an entrant that produces a solid-state-light package simultaneously
capable of—
(A) producing a luminous flux greater than or equal
to 1,350 lumens;
(B) consuming less than or equal to 11 watts;
(C) having an efficiency greater than 123 lumens per
watt;
(D) having a color rendering index greater than or
equal to 90;
(E) having a correlated color coordinate temperature
of not less than 2,750, and not more than 3,000, degrees
Kelvin;
(F) having 70 percent of the lumen value under
subparagraph (A) exceeding 25,000 hours under typical
conditions expected in residential use;
(G) having a light distribution pattern similar to a
PAR 38 halogen lamp;
(H) having a size and shape that fits within the maximum
dimensions of a PAR 38 halogen lamp in accordance
with American National Standards Institute standard C78–
21–2003, figure C78.21–238;
(I) using a single contact medium screw socket; and
(J) mass production for a competitive sales commercial
market satisfied by producing commercially accepted
quality control lots of such units equal to or exceeding
the criteria described in subparagraphs (A) through (I).

(3) TWENTY-FIRST CENTURY LAMP PRIZE.—

The Secretary
shall award a Twenty-First Century Lamp Prize to an entrant
that produces a solid-state-light-light capable of—
(A) producing a light output greater than 1,200 lumens;
(B) having an efficiency greater than 150 lumens per
watt;
(C) having a color rendering index greater than 90;
(D) having a color coordinate temperature between
2,800 and 3,000 degrees Kelvin; and
(E) having a lifetime exceeding 25,000 hours.
(c) PRIVATE FUNDS.—

Establishment.
Deadline.

(1) IN GENERAL.—Subject to paragraph (2), and notwithstanding
section 3302 of title 31, United States Code, the Secretary
may accept, retain, and use funds contributed by any
person, government entity, or organization for purposes of carrying
out this subsection—
(A) without further appropriation; and
(B) without fiscal year limitation.
(2) PRIZE COMPETITION.—A private source of funding may
not participate in the competition for prizes awarded under
this section.
(d) TECHNICAL REVIEW.—The Secretary shall establish a technical
review committee composed of non-Federal officers to review
entrant data submitted under this section to determine whether
the data meets the prize specifications described in subsection (b).
(e) THIRD PARTY ADMINISTRATION.—The Secretary may competitively
select a third party to administer awards under this section.

(f) ELIGIBILITY FOR PRIZES.—To be eligible to be awarded a
prize under this section—
(1) in the case of a private entity, the entity shall be
incorporated in and maintain a primary place of business in
the United States; and
(2) in the case of an individual (whether participating as
a single individual or in a group), the individual shall be
a citizen or lawful permanent resident of the United States.

(g) AWARD AMOUNTS.—Subject to the availability of funds to
carry out this section, the amount of—

(1) the 60-Watt Incandescent Replacement Lamp Prize
described in subsection (b)(1) shall be $10,000,000;

(2) the PAR Type 38 Halogen Replacement Lamp Prize
described in subsection (b)(2) shall be $5,000,000; and

(3) the Twenty-First Century Lamp Prize described in subsection
(b)(3) shall be $5,000,000.

(h) FEDERAL PROCUREMENT OF SOLID-STATE-LIGHTS.—

(1) 60-WATT INCANDESCENT REPLACEMENT.—Subject to
paragraph (3), as soon as practicable after the successful award
of the 60-Watt Incandescent Replacement Lamp Prize under
subsection (b)(1), the Secretary (in consultation with the
Administrator of General Services) shall develop government-
wide Federal purchase guidelines with a goal of replacing the
use of 60-watt incandescent lamps in Federal Government
buildings with a solid-state-light package described in subsection
(b)(1) by not later than the date that is 5 years after
the date the award is made.

(2) PAR 38 HALOGEN REPLACEMENT LAMP REPLACEMENT.—
Subject to paragraph (3), as soon as practicable after the
successful award of the PAR Type 38 Halogen Replacement
Lamp Prize under subsection (b)(2), the Secretary (in consultation
with the Administrator of General Services) shall develop
governmentwide Federal purchase guidelines with the goal of
replacing the use of PAR 38 halogen lamps in Federal Government
buildings with a solid-state-light package described in
subsection (b)(2) by not later than the date that is 5 years
after the date the award is made.

(3) WAIVERS.—
(A) IN GENERAL.—The Secretary or the Administrator
of General Services may waive the application of paragraph
(1) or (2) if the Secretary or Administrator determines
that the return on investment from the purchase of a
solid-state-light package described in paragraph (1) or (2)
of subsection (b), respectively, is cost prohibitive.

(B) REPORT OF WAIVER.—If the Secretary or Administrator
waives the application of paragraph (1) or (2), the
Secretary or Administrator, respectively, shall submit to
Congress an annual report that describes the waiver and
provides a detailed justification for the waiver.

(i) REPORT.—Not later than 2 years after the date of enactment
of this Act, and annually thereafter, the Administrator of General
Services shall submit to the Energy Information Agency a report
describing the quantity, type, and cost of each lighting product
purchased by the Federal Government.

(j) BRIGHT TOMORROW LIGHTING AWARD FUND.—

(1) ESTABLISHMENT.—There is established in the United
States Treasury a Bright Tomorrow Lighting permanent fund
without fiscal year limitation to award prizes under paragraphs

(1), (2), and (3) of subsection (b).
(2) SOURCES OF FUNDING.—The fund established under
paragraph (1) shall accept—
(A) fiscal year appropriations; and
(B) private contributions authorized under subsection
(c).
(k) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.