PUBLIC LAW 101-440—OCT. 18, 1990 104 STAT. 1009 commercial production techniques and costs associated with new energy technologies; "(B) encourage the application of such information in order to solve energy technology product development and manufacturing problems; (C) establish an Energy Technology Commercialization Services Program affiliated with an existing entity in each State; "(D) coordinate engineers and manufacturers to aid small and start-up businesses in solving specific technical problems and improving the cost effectiveness of methods for manufacturing new energy technologies; "(E) assist small and start-up businesses in preparing the technical portions of proposals seeking financial assistance for new energy technology commercialization; and "(F) facilitate contract research between university faculty and students and small start-up businesses, in order to improve energy technology product development and independent quality control testing. "(3) Each State energy technology commercialization services program shall develop and maintain a data base of engineering and scientific experts in energy technologies and product commercialization interested in participating in the service. Such data base shall, at a minimum, include faculty of institutions of higher education, retired manufacturing experts, and national laboratory personnel. "(4) The services provided by the energy technology commercialization services programs established under this subsection shall be available to any small or start-up business. Such service programs shall charge fees which are affordable to a party eligible for assistance, which shall be determined by examining factors, including the following: (A) the costs of the services received; (B) the need of the recipient for the services; and (C) the ability of the recipient to pav for the services. (5) For the purposes of this subsection, the term— "(A) 'institution of higher education' has the same meaning as such term is defined in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)); "(B) 'small business' means a private firm that does not exceed the numerical size standard promulgated by the Small Business Administration under section 3(a) of the Small Business Act (15 U.S.C. 632) for the Standard Industrial Classification (SIC) codes designated by the Secretary of Energy; and "(C) 'start-up business' means a small business which has been in existence for 5 years or less.", (c) EuMiNATiON OF SSECP.—(1) Section 367 of such Act (42 U.S.C. 6327) is repealed. (2) The table of contents of such Act is amended by striking out the item for section 367, SEC. 5. STATE ENERGY ADVISORY BOARD. Section 365 of the Energy Policy and Conservation Act (42 U.S.C. 6325) is amended by adding at the end the following: "(g)(l)(A) There is hereby established within the Department of Energy a State Energy Advisory Board (heresifter in this subsection referred to as the 'Board') which shall consist of at lesist 18 and not more than 21 members appointed by the Secretary as soon as practicable but no later than September 30, 1991. At least eight of the members of the Board shall be persons who serve as directors of
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